HomeMy WebLinkAboutOrdinances - O-99-931 - 06/14/1999 - AUTHORIZE BOUNDARY AGREEMENT W VILLAGE OF JOHNSBURCity -of MCHenry
d
333 South Green Street
McHenry, Illinois 60050-5642
(815) 363-2100 FAX: (815) 363-2119
C E R T I F I C A T I O N
MCHENRY COUNTY RECORDER
PHYLLIS K. WALTERS
09-23-1999 3:39 P11
RECORDING FEE 163.00
PAGES
COUNTY STAMP FEE 12
STATE STAMP FEE
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 the Intergovernmental. Agreement
Between the City of McHenry and the Village of Johnsburg Regarding Jurisdictional
Boundaries and Facility Planning Areas. Said Agreement was approved by 'the McHenry
City Council at a Special Meeting held on September 21, 1999 and signed by the Mayor
on September 21, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal
of the City of McHenry, Illinois this 23rd day of September, 1999.
�JA`lof�f,�-'
4 �`' " PamelClerk
of the City of McHenry, Illinois
Document prepared by and after recording mail to:
The City of McHenry
Office of the City Cler
333 S. Green St.
McHenry, IL 60050 1 J
99-34-64Z3
Ordinance No. 0-99-931
An Ordinance Authorizing the Execution of Boundary Agreement
with the Village of Johnsburg
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MCHENRY, as follows:
SECTION 1: The Mayor and City Council of the City of McHenry find that a
Boundary Agreement between the City of McHenry and the Village of Johnsburg is in
the best interest of the City.
SECTION 2: The Mayor and City Clerk are hereby authorized to execute a
Boundary Agreement between the City of McHenry and the Village of Johnsburg.
PASSED and APPROVED this 14th day of August, 1999.
Voting Aye: Bolger, McClatchey, Baird, Cuda.
Voting Nay: Glab, Murgatroyd.
Not Voting: None
Abstained: None
Absent: None
Mayor
ATTEST:
199? kcoo61� 7$7
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF McHENRY
AND
THE VILLAGE OF JOHNSBURG
REGARDING JURISDICTIONAL BOUNDARIES
AND FACILITY PLANNING AREAS
THIS AGREEMENT is entered into this ar`�day of /- ,fi s
1999, by and between the City of McHenry ("McHenry") and fhe Village of
Johnsburg ("Johnsburg"), collectively ("Parties"), both in McHenry County, State
of Illinois, and both being Illinois Municipal Corporations.
Recitals
A. The Parties wish to enter into an intergovernmental agreement to
plan for growth in the area that lies between the existing corporate boundaries of
McHenry and the existing corporate boundaries of Johnsburg.
B. The Parties realize, agree and acknowledge that current plans and
opportunities for development in said area will be accompanied by significantly
higher demands for transportation services, governmental police power services,
utilities services and other municipal services and financial commitments to meet
the necessities of such services.
C. The Parties recognize that the land lying between their existing
municipal boundaries ("Subject Area") is an area in which problems related to
open space preservation, population density, duplicative operation of public
services, ecological and economic impact and multipurpose development could
dramatically affect both Parties.
D. The Parties and their respective citizens are vitally affected by said
problems and any attempt to solve them and provide for the welfare, prosperity
and quality of life of the residents of said municipalities will be benefited by
mutual action and intergovernmental cooperation with respect thereto.
E. The Parties are "units of local government' as defined by Article VII,
Section 1, of the Constitution of the State of Illinois.
F. Units of local government are enabled by Article Vll, Section 10 of
the Constitution of Illinois to enter into agreements among themselves to:
"...obtain or share services and to exercise, combine or transfer any
power or function, in any manner not prohibited by law or
ordinance... Participating units of government may use their credit,
C'Q-���-6�rk24
revenues and any other resources to pay costs and to service debt
related to intergovernmental activities."
G. The Parties recognize the necessity and desirability to provide for
logical, planned municipal boundaries and areas of municipal influence and
authority between their respective municipalities in order to plan effectively and
efficiently for the growth and potential development between their municipalities
and the conservation of the available resources for their respective citizens.
H. In examining and shaping their plans, the Parties acknowledge that
the required planning should be free from the influence of developers' finances.
I. The Parties have authorized, by ordinance, the execution of this
Agreement as an exercise of their intergovernmental cooperation authority under
the Constitution of Illinois, the Intergovernmental Cooperation Act, 5 ILCS 220/1
et seq., and the Illinois Municipal Code 65 ILCS 5/11-12-9.
J. The Subject Area is unincorporated territory within one and one-half
miles of the boundaries of both Parties, each of which have adopted official
comprehensive plans.
K. The Parties wish to agree upon a line which shall mark the
boundaries of the jurisdiction of each of the municipalities.
L. The corporate authorities for each of the Parties have given
consideration to the natural flow of storm water drainage and, when practical,
included all of any single tract having common ownership within the jurisdiction of
one corporate authority.
NOW, THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the sufficiency and adequacy
of which is hereby acknowledged as being received, the Parties agree as follows:
1. The corporate jurisdictional boundary between McHenry and
Johnsburg for municipal government planning, zoning control, subdivision
control, annexation and other municipal purposes shall be in accordance with the
boundary line as depicted on the attached map and legal description, marked as
Exhibit A ("Jurisdictional Boundary Line"). McHenry's Corporate Jurisdiction shall
be that portion south and west of the Jurisdictional Boundary Line. Johnsburg's
Corporate Jurisdiction shall be that portion north and east of the Jurisdictional
Boundary Line. Except as otherwise provided herein, neither party shall annex
property lying within the Corporate Jurisdiction, as established herein, of the
other. Neither party shall object to the annexation, planning or zoning of
property within the Corporate Jurisdiction of the other.
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QS -661<2 5
v
2. The Parties agree that if either has entered into an annexation
agreement with an owner of a parcel which is situated within the other's Planning
Area and such parcels have not been annexed, each Party agrees to request
such property owner, in writing, within 30 days of execution of this Agreement, to
terminate such annexation agreement bas,:d on the terms and intent of this
Agreement. In the event that an annexation agreement with non-contiguous
property cannot be terminated, the Parties agree not to become contiguous to
that parcel situated within the other's Planning Area. If the terms and provisions
of this paragraph are prohibited or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity without
invalidating the remainder of such provision or the remaining provisions of this
Agreement. In the event that this paragraph is held invalid by a court of
competent jurisdiction, the Parties agree to enter into good faith negotiations
regarding those properties which are the subject of an annexation agreement
with one of the Parties but within the other's Planning Area.
3. Certain properties are within McHenry's corporate jurisdiction (as
depicted on Exhibit A) and within Johnsburg School District No. 12. Upon a
petition being filed for annexation and/or zoning of a parcel within both
jurisdictions, McHenry will use its best efforts to provide written notice to
Johnsburg and Johnsburg School District No. 12 a minimum of 15 days in
advance of any public hearing on such annexation and/or zoning. Johnsburg
and Johnsburg School District No. 12 shall have the right to provide input to
McHenry regarding such annexation and/or zoning. If Johnsburg School District
No. 12 requests, it shall be named as a third party beneficiary of any annexation
agreement encompassing a parcel as described above with the right to enforce
such agreement's provision and recover attorney's fees against the property
owner in the event it must take action to enforce such agreement provisions.
4. Certain properties are within Johnsburg's corporate jurisdiction (as
depicted on Exhibit A) and within McHenry School District No. 15 and 156. Upon
a petition being filed for annexation and/or zoning of a parcel within both
jurisdictions, Johnsburg will use its best efforts to provide written notice to
McHenry and McHenry School District No. 15 and 156 a minimum of 15 days in
advance of any public hearing on such annexation and/or zoning. McHenry and
McHenry School District No. 15 and 156 shall have the right to provide input to
Johnsburg regarding such annexation and/or zoning. If McHenry School District
No. 15 and/or 156 requests, it shall be named as a third party beneficiary of any
annexation agreement encompassing a parcel as described above with the right
to enforce such agreement's provision and recover attorney's fees against the
property owner in the event it must take action to enforce such agreement
provisions.
5. The current Facilities Planning Area (FPA) of McHenry, (which
includes land located within the Corporate Jurisdiction of Johnsburg, as set forth
above in paragraph 1), as depicted on the attached Exhibit A, shall remain in
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0�-�L, .61126
place unless and until Johnsburg is successful in petitioning the Northeastern
Illinois Planning Commission (N1PC) and Illinois Environmental Protection
Agency (IEPA) to amend the existing FPA boundary consistent with the
Jurisdictional Boundary Line established herein. McHenry shall cooperate 'to
effect such amendment including, but not limited to submitting a letter of
agreement or consent to such amendment to NIPC and/or the IEPA or other
relevant governmental body upon signing this agreement. McHenry agrees that
it shall not file any objection to any permit application made by Johnsburg to
IEPA for any permits relating to its waste water treatment or transport systems. If
and when this new FPA boundary is established, neither party will file a request
with any agency to alter the said new FPA boundary, except as otherwise
provided herein.
6. The Parties acknowledge that the property commonly known as the
"Voss Property", depicted in Exhibit B attached hereto and incorporated herein by
this reference, has been annexed to Johnsburg pursuant to an annexation
agreement. In the event that the owners of the Voss Property choose to
disconnect from Johnsburg, pursuant to the terms of the Johnsburg/Voss
annexation agreement, Johnsburg agrees to support McHenry's amendment to
the FPA boundary and to permit McHenry to include the Voss Property in its
FPA. In addition, Johnsburg shall support McHenry's annexation of the Voss
Property and amendment to the Jurisdictional Boundary Line at such time.
7. The Parties acknowledge that the property commonly known as the
"Kurt Johnson" property, as depicted in Exhibit B attached hereto and
incorporated herein by this reference, has been annexed to Johnsburg pursuant
to an annexation agreement. In the event that the owners of the Kurt Johnson
property choose to disconnect from Johnsburg, pursuant to the terms of the Kurt
Johnson/Johnsburg annexation agreement, Johnsburg agrees to support
McHenry's amendment to the FPA boundary and to permit McHenry to include
the Kurt Johnson property in its FPA. In addition, Johnsburg shall support
McHenry's annexation of the Kurt Johnson property and amendment to the
Jurisdictional Boundary Line at such time.
8. The Parties acknowledge that the property commonly known as the
"Eugene Blake" property, as depicted in Exhibit B attached hereto and
incorporated herein by this reference, has been annexed to Johnsburg pursuant
to an annexation agreement. In the event that the owners of the Eugene Blake
Property choose to disconnect from Johnsburg, pursuant to the terms of the
Eugene Blake/Johnsburg annexation agreement, Johnsburg agrees to support
McHenry's amendment to the FPA boundary and to permit McHenry to include
the Eugene Blake property in its FPA. In addition, Johnsburg shall support
McHenry's annexation of the Eugene Blake property and amendment to 'the
Jurisdictional Boundary Line at such time.
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J�?, 6�L27
9. The Parties acknowledge that the property commonly known as the
"Chapel Hill Golf Course", depicted on Exhibit B attached hereto and
incorporated herein by this reference, falls within McHenry's Corporate
Jurisdiction. The Parties agree to permit the property owner(s) of the Chapel Hill
Golf Course to decide which Corporate Jurisdiction they wish to be in. In the
event the property owner(s) choose to be within Johnsburg's Corporate
Jurisdiction, McHenry agrees to support Johnsburg's amendment to the FPA
boundary and to permit Johnsburg to include the Chapel Hill Golf Course in its
FPA. In addition, McHenry shall support Johnsburg's annexation of the Chapel
Hill Golf Course and amendment to the Jurisdictional Boundary Line at such
time.
10. The Parties acknowledge that the property commonly known as
"Schneider Estates", depicted on Exhibit B attached hereto and incorporated
herein by this reference, falls within McHenry's Corporate Jurisdiction. The
Parties agree to permit the property owner(s) of Schneider Estates to decide
which Corporate Jurisdiction they wish to be in. In the event the property
owner(s) choose to be within Johnsburg's Corporate Jurisdiction, McHenry
agrees to support Johnsburg's amendment to the FPA boundary and to permit
Johnsburg to include Schneider Estates in its FPA. In addition, McHenry shall
support Johnsburg's annexation of Schneider Estates and amendment to the
Jurisdictional Boundary Line at such time.
11. The Parties acknowledge that the property commonly known as
"Chapel Hill Oaks", depicted on Exhibit B attached hereto and incorporated
herein by this reference, falls within McHenry's Corporate Jurisdiction. The
Parties agree to permit the property owner(s) of Chapel Hill Oaks to decide which
Corporate Jurisdiction they wish to be in. In the event the property owner(s)
choose to be within Johnsburg's Corporate Jurisdiction, McHenry agrees to
support Johnsburg's amendment to the FPA boundary and to permit Johnsburg
to include Chapel Hill Oaks in its FPA. In addition, McHenry shall support
Johnsburg's annexation of Chapel Hill Oaks and amendment to the Jurisdictional
Boundary Line at such time.
12. Johnsburg agrees that it will not enter into an intergovernmental
agreement with the Village of Ringwood wherein the properties depicted on the
attached Exhibit B and referenced as the "Cape Associates" property, "Louis
Perry" property or "Timothy O'Malley" property, would, by agreement, Ibe
permitted to annex into the Village of Johnsburg.
13. In connection with the establishment or expansion of wastewater
treatment services to each of the party's respective Corporate Jurisdiction, the
Parties agree that it may be more efficient, economically and/or logistically to
install wastewater treatment mains on the other party's side of the Jurisdictional
Boundary Line to serve its respective Corporate Jurisdiction. At the request of
either party, the non -requesting party shall allow such use of their right-of-ways,
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99-3l;`5.�61,,28
easements, or property under their control, and/or shall file an eminent domain
proceeding(s) against any parcel that the requesting party designates to acquire
any necessary easements to install such mains provided the requesting party
reimburses the other party's attorney's fees and all other costs associates with
such proceedings and reimburse the non -requesting party for the amount of the
award granted to the af.ected property owners. Such non -requesting party shall
have the right to review any such request and if unreasonable to deny such
request. Reasonableness shall be determined on the basis of good engineering
practices at the time of such request.
14. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective representatives, successors and assigns.
15. This agreement shall remain in full force and effect for a period of
twenty (20) years from the date of its execution.
16. If any section, paragraph, clause, sentence or provision of this
Agreement shall be determined by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder thereof,
which shall remain and continue in full force and effect.
City of McHenry ATTEST:
WV.X --,z
�� , <
—
t ven J. Cuda, Mayor City Clerk
Village of Johnsburg ATTEST:
By: ali�
David Dominguez, Villagfilkesiddrit Village Clerk
n
0° --3629
EXHIBIT A PAS e
Johnsburg Jurisdictional Boundary Line
Boundary Line across part of Sections 7, 8, 9, 15, 16, 21, 22, 23 and 24, Township 45 North,
Range 8 East of the Third Principal Meridian and across part of Section 19, Township 45 North,
Range 9 East of the Third Principal Meridian being described as follows: Commencing at the
intersection of the west right of way line of Lake Shore Drive in Wonder Center Unit One (being
a subdivision of part the South Half of said Section 7 and a part of the Northeast Quarter of the
Northwest Quarter of Section 18 of Township and Range aforesaid, according to the plat thereof
recorded November 4, 1930 in Book 8 of plats, Page 16 in McHenry County, Illinois) and the
south line of the Southwest Quarter of said Section 7; thence easterly along said south line, 740
feet, more or less, to the southeast comer of said Southwest Quarter; thence easterly along the
south line of the Southeast Quarter of said Section 7, a distance of 2640 feet, more or less, to the
southeast corner thereof; thence easterly along the south line of the Southwest Quarter of said
Section 8, a distance of 540 feet, more or less, to the west line of the east 2100.21 feet (as
measured along the south line of said Southwest Quarter) of said Southwest Quarter of Section 8;
thence northerly 726 feet along said west line of the east 2100.21 feet; thence easterly along the
north line of the south 726 feet of said Southwest Quarter, 2100.21 feet to the east line of said
Southwest Quarter of Section 8; thence northerly along said east line to the southwesterly line of
a 300.0 foot wide strip of land deeded to the Illinois Department of Transportation per
Documents 586989 and 586990; thence southeasterly 1607.808 feet along said 300.0 feet wide
strip of land, being along a non -tangent curve to the left, having a radius of 3969.72 feet, to the
south line of the Southeast Quarter of said Section 8; thence easterly along the south line of said
Southeast Quarter, 1790 feet, more or less to the southeast corner of said Southeast Quarter;
thence easterly along the south line of the Southwest Quarter of said Section 9, a distance of
2640 feet, more or less to the southeast corner thereof; thence easterly along the south line of the
Southeast Quarter of said Section 9, a distance of 2640 feet, more or less to the southeast comer
thereof, thence easterly 2640 feet, more or less, along the north line of the Northwest Quarter of
said Section 15 to the northeast comer thereof; thence southerly 1320 feet, more or less, along
the east line of said Northwest Quarter of Section 15; thence westerly 2640 feet, more or less
along the north line of the South Half of the Northwest Quarter of said Section 15, to the
northwest corner thereof; thence southerly along said west line of the Northwest Quarter of
Section 15 to the southeast corner of said Northwest Quarter of Section 15; thence westerly along
the north line of the Southeast Quarter of said Section 16, a distance of 2009.5 feet to the easterly
line of an access road to Federal Aid Route 420 (also known as Federal Aid Route 201) as per
Circuit Court Case No. 73-3756; thence northwesterly along the easterly line of said access road,
6.26 feet; thence northwesterly along said easterly line of access road, 60.88 feet; thence
northeasterly along the easterly line of said access road, 375.4 feet; thence northerly along said
easterly line of access road, 106.15 feet; thence northwesterly 30.0 feet to the centerline o£public
highway known as Ringwood Road; thence southwesterly 419.5 feet along said centerline of
Ringwood Road being on a curve to the right, having a radius of 2455.53 feet; thence
southwesterly along said centerline of Ringwood Road, to the west line of the Southeast Quarter
of said Section 16; thence southerly along said west line of the Southeast Quarter to the
southwest corner thereof; thence easterly along the south line of said Southeast Quarter of
Section 16 to the centerline of McCullom Lake Road; thence southeasterly along the centerline
of McCullom Lake Road to the east line of the Northeast Quarter of said Section 21; thence
southeasterly, continuing along said centerline of McCullom Lake Road, 1404.17 feet; thence
0-6k30
E-M -jit A - k&-e a
continuing southeasterly along said centerline, 1152.86 feet; thence continuing southeasterly
along said centerline, 213.39 feet; thence northerly 1285.67 feet along the westerly line of
premises as described in deed per Document No. 768264; thence southeasterly 250.78 feet along
the northerly line of said Document No. 768264; thence continuing southeasterly 492.38 feet
along said northerly line of Document No. 768264; thence southeasterly 720.75 feet; thence
northeasterly 20.00 feet to the westerly right of way of the Chicago and Northwestern Railway;
thence southeasterly along said westerly right of way, 1169.51 feet to the centerline of
McCullom Lake Road; thence southeasterly along said centerline, to the easterly right of way of
said Chicago and Northwestern Railway; thence continuing southeasterly along said centerline,
365.53 feet, said centerline also being the southerly line of premises as described as parcel 2 of
Document No. 972196 and recorded February 4, 1987; thence northerly 1675.97 feet along the
easterly line of said parcel 2 of Document No. 972196 to an angle point; thence northeasterly
along said easterly line of Parcel 2 of Document No. 972196, a distance of 101.72 feet to the
southwesterly right of way of F.A. Route 420 (also known as F.A, Route 201; thence
northeasterly to intersection of the northeasterly right of way of said F.A. Route 420 and the
south line of the north 312 feet of the South Half of the Northeast Quarter of the Northeast
Quarter of said Section 22; thence easterly along said south line, 639.78 feet to the east line of
said Northeast Quarter of Section 22; thence southerly along said east line of the Northeast
Quarter, to the northeasterly right of way of said F.A. Route 420 (also known as F.A. Route
201); thence southeasterly along said northeasterly right of way, 123.10 feet to the south line of
the North Half of the Northwest Quarter of said Section 23; thence easterly along said south line
of the North Half of the Northwest Quarter, to the southeast corner thereof; thence easterly along
the south line of the Northwest Quarter of the Northeast Quarter of said Section 23, to the
southeast corner thereof, thence southerly along the west line of the Southeast Quarter of the
Northeast Quarter of said Section 23 to the southwest corner thereof; thence easterly along the
south line of said Southeast Quarter of the Northeast Quarter to the westerly line of premises as
described in deed per Document 92RO62890 and recorded November 17, 1992; thence northerly
6.0 feet along said westerly line of Document No. 92R062890; thence easterly along a line
parallel with the southerly line of said Northeast Quarter of Section 23, said parallel line also
being the northerly line of premises as described per said Document No. 92R062890, a distance
of 754.74 feet to the east line of said Northeast Quarter of Section 23; thence northerly along said
east line of the Northeast Quarter, to the intersection with the westerly extension of the north line
of Lot 1 in Boat and Saddle Subdivision 2nd Addition according to the plat thereof recorded
August 15, 1978 as Document No. 742859; thence easterly along said westerly ex! ension and
along the north line of said Lot 1 and along the north line of Lots 2 and 3 of said subdivision,
540 feet to the northeast corner of said Lot 3; thence northerly along the west line of Lots 4 and
6 of said subdivision, 399.27 feet to the northwest corner of said Lot 6; thence easterly along the
northerly line of said Boat and Saddle Subdivision 2nd Addition, 780.68 feet to the east line of
the Northwest Quarter of the Northwest Quarter of said Section 24; thence northerly along; said
east line of the Northwest Quarter of the Northwest Quarter, 759.0 feet to the north line of the
Northwest Quarter of said Section 24; thence easterly along said north line of the Northwest
Quarter to the northeast corner thereof; thence easterly along the north line of the Northeast
Quarter of said Section 24, to the easterly line of the Fox River; thence southerly along said
easterly line of the Fox River to the intersection with the southerly right-of-way of Fox River
Avenue as platted per Sunset View Subdivision, recorded in Book 5 of Plats, Page 49; thence
easterly along said southerly right-of-way of Fox River Avenue and along the southerly right-of-
99-3Lr-6431
£xylrb/-t- 4. 40ArE 3
way of Coolidge Avenue as platted per Freund's Oak Glen Subdivision as recorded May 25,
1925 as Document No. 68357 in McHenry County, Illinois, to the intersection with the west line
of the Northwest Quarter of said Section 19; thence southerly along said west line to the
southwest corner thereof; thence easterly along the south line of said Northwest Quarter of
Section 19, a distance of 2640 feet, more or less to the southeast corner thereof, thence northerly
along the east line of said Northwest Quarter, 2640 feet, more or less, to the northeast corner
thereof; thence easterly along the north line of the Northeast Quarter of said Section 19 to the
intersection with the northeasterly right-of-way of Bay Road (County Highway No. 22); thence
southeasterly along said northeasterly line of Bay Road, to the intersection with the east line of
said Northeast Quarter of Section 19; thence northerly along said east line to the northeast corner
of said Northeast Quarter and the Terminus of the Boundary Line, all in McHenry County,
Illinois.
99 -34 -6432
IB
EXH .IT
PHYLLIS K. WALTERS
McHENR COUNTY LRINOIS DER
WOODSTOCK,
EXHIBIT TO DOC. NO:
NO. OF PAGES
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