HomeMy WebLinkAboutOrdinances - O-98-861 - 02/18/1998 - AUTHORIZE ANNEX AGMT REGARDING MIDWEST BANK OF MCHPrepared by and Mail t
city of mcil�fy
Office of the City Clerk,
a
333 South Green Street
McHenry, Illinois 60050-5642
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C E R T I F I C A T I O N
McHENRY COUNTY RECORDER
PHYLLIS K. WALTERS
94BR000367763
1998-06-11 12:47:36
RECORDING FEE: 31.00
PAGES: 11
I, Pamela J. Althoff, City Clerk in and for the City of
McHenry, Illinois, and keeper of the official records, files, and
seal thereof, do hereby certify that the attached document is a
true and correct copy of Ordinance No. 0-98-861, authorizing the
approval and execution of the Annexation Agreement between the
City of McHenry and Midwest Bank of McHenry County for the property
located on the south side of Bull Valley Road, just west of its
intersection with Crystal Lake Road, McHenry, Illinois, McHenry
County, Illinois, passed and approved by the City Council of the
City of McHenry, Illinois, at a regular meeting of said Council
held on the 18th day of February, 1998, and the same was signed and
approved by the Mayor of said City on the 18th day of February,
1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the corporate seal of the City of McHenry, Illinois this loth day
of June, 1998.
t f M( 4
� � E..(SAr')� y
s,
Pamela J. Althoff, ty Cler
of the City of McHenry, Illi
98-58-1644
ORDINANCE NO. 0gg„ 2G1
AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN ANNEXATION AGREEMENT
BETWEEN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS, AND MIDWEST TRUST SERVICES, INC.,
TRUST #93-6442, AN ILLINOIS BANKING CORPORATION
WHEREAS, MIDWEST TRUST SERVICES, INC. Under Trust Agreement
dated February 4, 1993, Trust #93-6442, an Illinois Banking Corporation, is the record
owner of the property located on the South side of Bull Valley Road, 500 feet West of the
intersection of Bull Valley Road and Crystal Lake Road; and
WHEREAS, notice of public hearing was published in the NORTHWEST
HERALD, a newspaper of general circulation published in the City of McHenry, within
the time provided by law, notifying the public on said proposed Annexation Agreement
before the Corporate Authorities of the City of McHenry, McHenry County, Illinois; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the
public hearing as required by law and have found the entry into said Agreement will not
be detrimental to the public health, welfare, or safety of the inhabitants of the City of
McHenry, McHenry County, Illinois;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS
FOLLOWS;
SECTION 1: The Annexation Agreement, being the date of &,b rLt
a.
167 Cl by and between the City of McHenry, a Municipal Corporation in the
State of Illinois, and MIDWEST TRUST SERVICES, INC. under Trust Agreement dated
February 4, 1993, Trust #93-6442, is hereby approved. A complete and accurate copy of
96-58-1645
said Annexation Agreement is attached to this Ordinance and incorporated herein by
reference as Exhibit "A".
SECTION 2: The Mayor and City Clerk of the City of McHenry are authorized
to affix their signatures as Mayor and City Clerk of the City of McHenry to said
Agreement for the uses and purposes therein set forth.
SECTION 3: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, be and the same are hereby repealed to the extent of such conflict.
SECTION 4: This ordinance shall be published in pamphlet form by and under
the authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of McHenry, Illinois this 18th
day of February ,1998.
AYES: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda.
NAYS: None.
l
None.
ABSENT: None.
APPROVED THIS 18th DAY OF February , 1998.
4tyor' CITY OF MCHENRY, ILLINOIS
ATTEST:
City Clerk, CIT OF MC Y,
ILLINOIS
98-58-1646
Exhi%if- A
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this 18th day
of February , 192$_ between the CITY OF MCHENRY, an Illinois
municipal corporation, hereinafter refbrred to as the "CITY", and MIDWEST TRUST
SERVICES, INC. under Trust Agreement Dated February 4, 1993, Trust #93-6442, an
Illinois banking corporation, record title onwer, hereinafter referred to as "OWNER",
pursuant to the provisions of 65 ILCS 5/11-15.1
WITNESSETH
WHEREAS, OWNER is the OWNER of record of the real property legally
described in Exhibit "A", incorporated herein, which property is not within the corporate
limits of any municipality but all of which is in the unincorporated area of McHenry
County and is presently contiguous to the territory of the CITY, all of which property is
hereinafter referred to as the "SUBJECT PREMISES"; and
WHEREAS, said OWNER has filed with the City Clerk of said CITY a Petition
for Annexation of the SUBJECT PREMISES to the CITY; and
WHEREAS, all notices, publications, public hearings and all other matters
attendant to such Petition for Annexation have been made, had and performed as required
by statute and CITY Ordinance, regulations and procedures; and
WHEREAS, the CITY does not provide library or fire protection service to the
SUBJECT PREMISES, so that no notices are required to be given to any library district
nor to any fire protection district; and
WHEREAS, the OWNER has requested that the SUBJECT PREMISES upon
annexation, be classified as "C-2" — Neighborhood Commercial District under the Zoning
Ordinance of the CITY as in accordance with all CITY ordinances and the terms and
conditions of this Agreement, and further that the SUBJECT PREMISES also be issued a
conditional use permit to allow the property to be used with a drive -up banking facility;
and
WHEREAS, the Zoning Board of Appeals of said CITY being the Board duly
designated by the Corporate Authorities of the CITY has held a public hearing on the
proposed classification to "C-2" — Neighborhood Commercial District, and reviewed the
issuance of a conditional use permit, and having held all required public hearings on the
application of the OWNER for said zoning classification and issuance of a conditional
use permit, and due notice of said public hearings have been held in all respects in a
manner conforming to law; and
98-58-1647
WHEREAS, the Zoning Board of Appeals of said CITY has made their report and
recommendations to the City Council of the CITY in accordance with the ordinances of
said CITY; and
WHEREAS, all other matters in addition to those specifically referred to above,
which are included within this Annexation Agreement, have been considered by the
parties hereto, and it is agreed that the development of the SUBJECT PREMISES for the
uses as permitted under "C-2" Neighborhood Commercial District of the Zoning
Ordinances of the CITY in accordance with the terms and conditions of this Agreement
and the issuance of a conditional use permit to allow a drive-in banking facility to operate
on said parcel, will inure to the benefit and improvement of the CITY and its residents
and will promote the sound planning and development of the CITY and will otherwise
enhance and promote the general welfare of the people of the CITY.
NOW, THEREFORE, for and in consideration of the mutual premises and
agreements herein contained, the parties hereto agree as follows:
I. Annexation and Rezoning: Within thirty (30) days after the execution of
this Agreement or at the next regular meeting of the CITY Council thereafter, the CITY
agrees to enact and adopt ordinances annexing the SUBJECT PREMISES in Exhibit "A"
to the CITY.
Furthermore, within those thirty (30) days after the execution of this Agreement
or at the next regular meeting of the CITY Council thereafter, the CITY agrees to enact
and adopt an ordinance approving the reclassification of the SUBJECT PREMISES to
"C-2" Neighborhood Commercial District with the issuance of a conditional use permit to
allow a drive-in banking facility according to the site plan attached hereto as Exhibit `B",
subject to the conditions recommended by the City of McHenry Zoning Board of
Appeals.
A. Only one access point shall be permitted, and it shall be located at the east
property line.
B. Permitted ground sign for the site shall be located near the east property
line.
C. The circulation pattern for the drive -through shall direct traffic at the site
away from the residential property tot he north.
D. The required landscaping and berming along the north property line shall
be installed in accordance with City ordinances.
E. The building shall be set back a minimum of 120 feet from the front
property line.
2. Water and Sanitary Sewer: OWNER shall pay all costs and expenses for
the construction of the extension of municipal sanitary sewer and water mains to the
SUBJECT PREMISES which shall be constructed in accordance with the ordinances of
the CITY. The location and inspections for said sanitary sewer and water mains shall be
determined solely by the CITY Engineer. The CITY agrees to cooperate with the
2
OWNER in the procurement and execution of all necessary applications for permits to
the Illinois Environment Protection Agency for the construction and use of the sanitary
sewer and water mains described herein.
The CITY shall exercise its powers of eminent domain, if necessary, to assist the
OWNER in obtaining all necessary easements, not already in existence, to enable the
installation of the aforesaid sanitary sewer and water mains. The OWNER shall pay for
all of the eminent domain costs and expenses incurred by the CITY, including but not
limited to attorneys' fees, title charges, appraisals, survey costs, deposition costs, witness
fees, litigation expenses and judgments in the acquisition of any sanitary sewer and water
main easements.
3. Ownership of Utility Lines and Easements: All sanitary sewer and water
mains (excluding service lines) that may be constructed and located on the SUBJECT
PREMISES in the future shall be dedicated to the CITY following CITY's approval and
acceptance of the same.
4. Severability: If any portion of this Agreement is held invalid, such
provision shall be deemed to be excised here from and the invalidity thereof shall not
affect any of the other provisions contained herein.
5. Binding Effect and Term: This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, successor owners of record of the
SUBJECT PREMISES, and their heirs, successors and assigns for a period of ten (10)
years from the date of execution hereof, with the understanding that the zoning
classification granted hereby shall survive the expiration of the Agreement, unless
changed in accordance with law.
6. Annexation Fees: The OWNER shall pay One Thousand, Five Hundred
Dollars ($1,500.00) for the annexation fee, subject to reimbursement upon determination
by the City Council after further review.
7. Dedication of Additional Right -of -Way: The OWNER herein agrees to
dedicate additional right-of-way on Bull Valley Road. The right-of-way should equal a
total of fifty (50) feet from the center line of the existing pavement on Bull Valley Road.
The right-of-way dedication shall be completed within ninety (90) days of the execution
of this Agreement
8. InQress and Egress Easement: OWNER agrees to allow a cross access
easement between their property and the vacant parcel to their immediate East. Said
easement will permit the neighboring property access to the ingress and egress on to Bull
Valley Road and the adjacent property. The terms and provisions of this easement are
subject to City Staff approval.
9. The parties have agreed that this use does not justify a need for turn lanes
or a deceleration lane at this time. However, all agree that when the neighboring
98-58-1649
properties develop, road improvements to Bull Valley Road will be necessary.
Accordingly, OWNER agrees to deposit Twelve Thousand, Five Hundred Dollars
($12,500.00) with the City of McHenry to be used by the CITY for Bull Valley Road
improvements along the OWNER's frontage. The CITY will hold the money until either
it is used for road improvements or this Agreement expires, whichever is earlier. In the
event this Agreement expires first, thb CITY will return the Twelve Thousand, Five
Hundred Dollars ($12,500.00) plus interest at the same rate received by the CITY to
OWNER.
10. Enforceability: It is agreed that the parties to this Agreement, or their
assignees or successors in title, may enforce and compel the performance of this
Agreement, whether or by law or in equity, by suit, mandamus, injunction, declaratory
judgment, or other court procedure, only in courts of the State of Illinois; no such action
may be brought in any Federal Court. In the event that either party to this Agreement
files suit to compel performance by the other, the prevailing party shall be entitled to
recovery, as part of costs otherwise allowed, its reasonable attorney's fees incurred
therein.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals as of the day and year first written above.
OWNER: CITY OF MCHENRY
MIDWEST TRUST SERVICES, INC.
Under Trust Agreement dated February 4, 1993,
Trust #93-6442, an Illinois Banking Corporation
NOT pE
D TRUST ADMINISTRATOR
ST OFFICER
ISEE EXCULPATORY BIDED
ATTACHED TO AND
MADE PART HEREOF.
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4
98-58-1650
STATE OF ILLINOIS )
)SS
COUNTY OF MCHENRY )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that Steven J . Cuda, Mayor , of the City of McHenry, and
Pamela J . Althoff , as City Clerk of said City of McHenry, personally known
to me to be the same persons whose names are subscribed to the foregoing instrument as
such Steven J . Cuda and Pamela J . Althoff respectively, appeared before
me this day in person and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act, and as the free and voluntary act of said
CITY for the uses and purposes therein set forth, and the said Mayor
and City Clerk did also then and there acknowledge that as custodian of the corporate
seal of said CITY to said instrument as their own free and voluntary act, and as the free
and voluntary act of said CITY for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this 8th day of Apri 1 , 19 98 .
FNotary
FFICIAL SEAL"�Ia� �0) -
thleen M. Kunzer Notary Public
Public, State of Illinois
mmission Expires 4/20/00
STATE OF ILLINOIS )
owLY
)SS
COUNTY OF )
I, the undersigned, a Notary Pub is in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that 'i4GLlk e-VICA01-0- for MIDWEST TRUST
SERVICES, INC. under Trust Agreement dated February 4, 1993, Trust #93-6442, an
Illinois Banking Corporation, personally known to me to be the same person whose name
is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed, sealed and delivered the said instrument of his/her free
and voluntary act, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this 13jday ofMm&—, 191�(
"Of-TICIAL SEAL"
CATHY GLUECKLICH Notary Publj
00 Notary Public, State of N,nc;s 7
�' MY UMM-ii;sion Expire; 01111400
5
98-58-1651
THIS RIDER IS ATTACHED TO AND MADE PART OF CERTAIN ANNEXATION
AMMENT DATED FEBRUARY 18, 1998, AND EXECUTED BY MIDWEST TRUST
SERVICES, INC., UNDER TRUST AGREEMENT #93-6 :
It is expressly understood and agreed by and between the parties hereto that
each and all of the warranties, indemnities, representations, covenants, and
undertakings and agreements herein made on the part of the trustee are made
and intended, not as personal warranties, indemnities, representations,
covenants, undertakings and agreements of Midwest Trust Services, Inc. but
are made and intended for the sole purpose of binding the trust property, and
this document is executed and delivered by said Midwest Trust Services, Inc.,
not in its' own right, but as trustee solely in the exercise of the power that
conferred upon it as such trustee and no personal liability or personal
responsibility is assumed by, nor shall at any time be asserted or be
enforceable against Midwest Trust Services, Inc., on account of any warranties,
indemnities, representations, covenants, undertaking or agreement therein
contained, whether expressed or implied, all such personal liability, if any,
being expressly waived and released by the parties hereto and by all persons
claiming by, through and under them.
98-58-1652
EXHIBIT "A"
(LEGAL DESCRIPTION)
That part of the Northwest Quarter ofthe Southeast Quarter of Section 4, Township 44
North, Range 8, East of the Third Principal Meridian, described as follows: Commencing
at the Northwest corner of said Northwest Quarter of the Southeast Quarter; thence North
88 degrees 56 minutes 54 seconds assumed bearing, along the north line thereof, a
distance of 234.20 feet; thence South 10 degrees 17 minutes 25 seconds West, a distance
of 59.32 feet to a point for the place of beginning, said point also being on the south
right-of-way line of Bull Valley Road; thence South 10 degrees 17 minutes 25 seconds
West, a distance of 199.58 feet to a point; thence South 0 degrees 50 minutes 23 seconds
East, a distance of 378.86 feet to a point; thence North 88 degrees 56 minutes 54 seconds
East and parallel to said North line, a distance of 148.53 feet to a point; thence North 16
degrees 21 minutes 35 seconds East, a distance of 584.91 feet to a point on the south
right-of-way line of Bull Valley Road, said point being on a curve concave Southerly
having a radius of 1382.40 feet; thence Westerly on said curve, a distance of 156.42 feet
chord measurement and bearing North 87 degrees 28 minutes 38 seconds West to a
point; thence North 88 degrees 02 minutes 04 seconds West on said south right-of-way
line, a distance of 126.97 feet to the place of beginning, in McHenry County, Illinois.
rel
98-58-1653
EXHIBIT
PHYLLIS K. WALTERS
McHENRY COUNTY RECORDER
WOODSTOCK, ILLINOIS
EXHIBIT TO DOC. NO: 9 f 9 ao 03 I I lo3
NO. OF PAGES
NOTES: Exhibit B
Sire �la.n
Pb
exhibit
5/14/1998
98-58-1654