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HomeMy WebLinkAboutOrdinances - ORD-01-1021 - 07/11/2001 - AUTHORIZE ANNEX AGMT ROSEMARY SWIERKORDINANCE NO. ORD-01-1021 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOW AS 502 S. ROUTE 31, IN MCHENRY COUNTY, ILLINOIS WHEREAS, Rosemary A. Swierk is the legal owner of record of the 1.00 acres of real estate commonly know as 502 S. Route 31, in McHenry County, Illinois, and has requested that the City enter into an Annexation Agreement for said real estate; 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 ,1111 Y 11 2001, between the City of McHenry, an Illinois Municipal Corporation, and Rosemary A. Swierk, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Swierk 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. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 11TH DAY OF JULY , 2001 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, ALTHOFF NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 11TH DAY OF ATTEST: CIT7RK JULY 2001 QUM kyj . •. 2 SWIERK ANNEXATION AGREEMENT This Agreement made and entered into this i ���1 day of (.1L 2001, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Rosemary A. Swierk (hereinafter referred to as "OWNER'). RECITALS A. The OWNER holds fee simple title 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 has 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 one (1) acre in area, and is currently improved with a single-family residence and detached garage, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordipance. D. The SUBJECT PROPERTY has no electors residing thereon. 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 and may be annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq. 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. The CITY does not provide library or fire protection services, and the annexation of the SUBJECT PROPERTY will not include any portion of highway under the jurisdiction of a township, so notice to the Fire Protection District, Public Library District, or township of the annexation of the SUBJECT PROPERTY is not required. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. Page 1 J. 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, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: Annexation. Upon execution of this Agreement, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with 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 the execution of this Agreement. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting'a zoning map amendment to C-5, Highway Commercial. 3. Annexation Fee. OWNER shall not be required to pay an annexation fee to the CITY, provided that the SUBJECT PROPERTY is developed and used as a parking lot. If, during the course of this agreement, the OWNER develops the SUBJECT PROPERTY for any use other than a parking lot, the lump sum of five hundred dollars ($500) shall be paid to the CITY prior to the issuance of a building permit for such use other than a parking lot. 4. Existing Recapture Agreements. OWNER acknowledges that the SUBJECT PROPERTY is subject to existing sanitary and water "recapture" agreements between the CITY and NIMED Corporation. OWNER shall pay the required amounts due prior to connection of the SUBJECT PROPERTY to the CITY's sewer or water system. 5. CITY Easement. OWNER shall prepare and record an easement for CITY utility services and sidewalk over the west ten (10) feet of the SUBJECT PROPERTY. Said easement shall be prepared and submitted for recording within ninety (90) days of execution of this agreement, or included on the plat of resubdivision required in Section 9 of this agreement. 6. Sidewalks. OWNER shall install sidewalks within a CITY Easement, as required in Paragraph 5 of this agreement, on the SUBJECT PROPERTY adjacent to Route 31, in conformance with all applicable ordinances. Page 2 7. Extension of Sanitary Sewer. OWNER shall not be required to extend sanitary sewer along the entire frontage of the SUBJECT PROPERTY. 8. Access. Prior to the approval or issuance of any permits by the CITY for the SUBJECT PROPERTY, OWNER shall eliminate the direct access to the SUBJECT PROPERTY from Route 31, subject to the review, approval and permitting by the Illinois Department of Transportation. 9. Development Plans. OWNER agrees that the SUBJECT PROPERTY shall be developed as a parking lot for the existing development at 400 S. Route 31, in substantial conformance with the preliminary site plan filed with the CITY for zoning approval; provided, however, that any further development of the SUBJECT PROPERTY may be allowed, subject to compliance with all applicable codes and ordinances of the CITY, only if the OWNER shall resubdivide the SUBJECT PROPERTY and the property at 400 S. Route 31 into a single parcel. Said resubdivision shall be filed with the CITY within one (1) year of the execution of this agreement. 10. 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 fifteen (15) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 11.Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. 12.Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all ' successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 13.0bligations. 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. Page 3 14. 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 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 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. 15. 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. 16. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning change described herein and the ordinances 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. CITY OF MCHENRY MAYOR ! . Attest:. C r CITY C E K OWNER B : Rosemary A. Swierk Page 4 Exhibit A Legal Description of the SUBJECT PROPERTY PART OF THE WEST HALF OF LOT NUMBER ONE (1) IN THE NORTHWEST QUARTER OF SECTION TWO (2) TOWNSHIP 44 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE COUNTY OF MCHENRY AND STATE OF ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTH SIDE OF SAID NORTHWEST QUARTER AT A POINT ONE THOUSAND THREE HUNDRED TWENTY-TWO AND SIX TENTHS (1322.6) FEET EAST FROMT HE SOUTHWEST CORNER THEREOF, SAID POINT BEING ON THE EAST LINE OF THE WEST HALF OF SAID LOT NUMBER ONE (1); THENCE NORTH ON THE LAST DESCRIBED LINE FOUR HUNDRED SIXTY-EIGHT AND FIVE TENTHS (468.5) FEET TO A POINT FOR A PLACE OF BEGINNING: THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER FOUR HUNDRED THIRTY-NINE AND TWENTY-FOUR HUNDRETHS (430.24) FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE STATE HIGHWAY KNOWN AS U.S. 31 (FORMERLY U.S. 12) THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID HIGHWAY BEING ON A CURVED LINE TO THE EAST (RADIUS EQUAL TO THREE THOUSAND EIGHT HUNDRED FIFTY-NINE AND EIGHTY-THREE HUNDRETHS (3859.83) FEET, FOR A DIS T ANCE OF NINETY-NINE Y-NINE AND ELEVEN HUNDRETHS (99.11) FEET THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF FOUR HUNDDRED FORTY AND SIX HUNDRETHS (440.06) FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF LOT NUMBER ONE (1) AFORESAID; THENCE SOUTH ON THE LAST DESCRIBED LINE NINETY- NINE AND ELEVEN HUNDDRETHS (99.11) FEET TO THE PLACE OF BEGINNING AND CONTAINING ONE ACRE OF LAND MORE OR LESS, SITUATED IN THE TOWNSHIP OF NUNDA, IN THE COUNTY OF MCHENRY IN THE STATE OF ILLINOIS. 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