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HomeMy WebLinkAboutOrdinances - O-99-928 - 08/18/1999 - AUTHORIZE ANNEX AGMT WITH HUNDRESISER 3200 BULL VAORDINANCE NO. 0-99-928 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH JOHN HUNDREISER, FOR THE PROPERTY AT 3200 BULL VALLEY ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, John Hundreiser is the legal owner of record of the real estate located at 3200 Bull Valley Road, in McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said annexation agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said annexation agreement is in the best interest of the City. 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, bearing the date of ATTCTTST , R , 1999, between the City of McHenry, a Municipal Corporation in the State of Illinois, and John Hundreiser, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Hundreiser Annexation Agreement`, is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. I SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 18TH DAY OF AUGUST , 1999 AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD. BAIRD, CUDA. NAYS: NONE. ABSTAINED: _NPA19 ABSENT: NONE, NOT VOTING: NONE. APPROVED THIS 18TH DAY OF AUGUST ' 1999 ATTEST: CITY CLERK YOR N HUNDRIESER ANNEXATION AGREEMENT This Agreement made and entered into this 1 S1- day of , �0-,O by and between, John Hundrieser, hereinafter referred to as "OWNER', and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as "CITY". RECITALS A. The OWNER is the record title holder to the real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER filed with the City Clerk a Petition for Annexation of the SUBECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8 and the ordinances of the CITY. C. The SUBJECT PROPERTY is located on the north side of Bull Valley Road, west of the intersection with Broadway, and consists of 0.76 acres. The SUBJECT -- PROPERTY is commonly known as 3200 Bull Valley Road. D. The SUBJECT PROPERTY is currently improved with two single-family dwellings and multiple accessory structures, but has no electors residing thereon, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. E. The SUBJECT PROPERTY consists of one contiguous tract of land, all of which is not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and is presently contiguous to the corporate boundaries of the CITY. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq., of the Illinois Municipal Code. I. Notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. J. The SUBJECT PROPERTY includes a portion of highway under the jurisdiction of Nunda Township, and notice of the annexation of the SUBJECT PROPERTY has been served to the Nunda Township Commissioner of Highways and Board of Town Trustees by certified mail. K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as are required for the CITY to effect the terms of this Agreement. NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and OWNER hereby agree as follows: OBLIGATIONS OF THE CITY I. Annexation Upon the execution of this Agreement, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY, and shall file a copy of said ordinance, together with an accurate Plat of Annexation, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following with the execution of this Agreement. ll. Zoning Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a Zoning Map Amendment for the SUBJECT PROPERTY to RS-2, Medium -Density Single -Family Residential. The existing principal and accessory structures shall be considered nonconforming structures and subject to the applicable requirements of the McHenry Zoning Ordinance. III. Sewer and Water The CITY has permitted the two existing single-family dwellings located on the SUBJECT PROPERTY to connect to CITY sewer prior to the annexation of the SUBJECT PROPERTY to the CITY, upon payment of the customary connection fees for unincorporated properties. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall refund or credit, as determined exclusively by the CITY, the difference between the unincorporated and incorporated connection fees. OBLIGATIONS OF THE OWNER IV. Annexation Fees OWNER shall pay to the CITY the lump sum of $760, representing $1,000 per acre of the SUBJECT PROPERTY, within sixty (60) days following the annexation of the SUBJECT PROPERTY. V. Number of Dwelling Units, Accessory Structures OWNER agrees that no later than August 1, 2019, the SUBJECT PROPERTY shall be brought into 2 compliance with the McHenry Zoning Ordinance for the number of dwelling units, and the number and square footage of accessory structures. MISCELLANEOUS VI. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this agreement. VII. Enforceability It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgement, 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 the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. VIII. Waiver The failure of the CITY to insist, in any one or more instances, upon - performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. IX. Severability If any provision of this Agreement, other than the provisions relating to the requested zoning changes described herein and the ordinance adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. J hh Hundrieser 11 Justen Road McHenry, Illinois 60050 CITY ayor Attest: 3 Exhibit A Legal Description of the SUBJECT PROPERTY PARCEL NO. 1: The East 20 feet of a parcel of land described as follows: Beginning at the Southwest comer of the Southeast Quarter of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the third Principal Meridian, running thence North 20 rods; thence East 40 rods; thence South 20 rods; thence West 40 rods to the place of beginning, in McHenry County, Illinois. PARCEL NO. 2: That part of the East Half of Lot 1 of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the center of Idyl Dell Road, being 660 feet East of the Southwest corner of the Northeast Quarter; thence North parallel with the West line of the East Half of Lot 1 of said Northeast Quarter, a distance of 330 feet; thence East parallel with the center line of Idyl Dell Road, a distance of 80 feet; thence South parallel with said West line of the East Half of Lot 1 of the Northeast Quarter of the center line of Idyl Dell Road, a distance - of 330 feet; thence West along the center line of Idyl Dell Road, a distance of 80 feet to the place of beginning, in McHenry County, Illinois. The P.P.I. Number of the subject property is 14-02-200-010.