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HomeMy WebLinkAboutOrdinances - ORD-00-974 - 09/13/2000 - AUTHORIZE ANNEX AGMT WITH EHREDTORDINANCE NO. ORD-00-974 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH KENNETH A. EHREDT FOR A 1.5-ACRE PROPERTY LOCATED AT 3310 BULL VALLEY ROAD, IN MCHENRY COUNTY, ILLINOIS (EHREDT PROPERTY) WHEREAS, Kenneth A. Ehredt is the legal owner of record of the real estate located at 3310 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 9/13/00 1 2000, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Kenneth A. Ehredt, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Ehredt Annexation Agreementu, 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set forth. 1 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: 13TBDAy OF SEPTEMBER 2000 BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD, CUDA NONE. NONE. NONE. NONE. 13TH SEPTEMBER DAY OF 12000 4 EHREDT ANNEXATION AGREEMENT This Agreement made and entered into this I -AT14 day of sFPTFmBF_R —, 2nno, by and between Kenneth A. Ehredt, 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 owner 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 SUBJECT PROPERTY is located on the north side of Bull Valley Road, approximately 300 feet west of Hilltop Blvd., and consists of 1.5 acres. The SUBJECT PROPERTY is commonly known as 3310 Bull Valley Road. C. The SUBJECT PROPERTY is currently improved with a single-family residence, garage, and metal pole barn, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. 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. E. The SUBJECT PROPERTY has two electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. F. 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. G. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. H. 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. 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. Page 1 of 4 J. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications 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. 11. 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-1, Low -Density Single -Family Residential, and a Use Variance to allow the continuation of outdoor storage of vehicles and equipment and an underground contractor's operation, subject to a 3-year limitation on the Use Variance, and other conditions as adopted by ordinance. OBLIGATIONS OF THE OWNER Ill. Use Limitation The OWNER shall discontinue and remove all outdoor storage and commercial operations on the SUBJECT PROPERTY that are not in conformance with CITY ordinances not later than three (3) years following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. IV. Annexation Fees OWNER shall pay to the CITY the lump sum of $1,500 within thirty (30) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. MISCELLANEOUS V. 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 ten (10) years from the date of execution hereof, and any extended time agreed to by amendment to this agreement. Page 2 of 4 VI. Obligations All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. VI 1. 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 herefrorn 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. OWNER Kenneth A. Ehredt 3310 Bull Valley Road McHenry, IL 60050 CITY /V� dl",Z�� If ayor Attest: City Clerk Page 3 of 4 Exhibit A Legal Description of the SUBJECT PROPERTY PARCEL NO. 1 The east 132.0 Feet of the South 330.0 of the West Half of Lot 1 of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL NO. 2 The West 66 feet of the South 330 feet of the East Half of Government'Lot 1 of the Southeast Quarter of Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. The P.P.I. Number.of the subject property is: 14-02-200-008 and part of 14-02-200-009 Page 4 of 4