HomeMy WebLinkAboutOrdinances - ORD-02-1096 - 07/29/2002 - AUTHOR PRE ANNEX AGMT ANN TROKA LOT 60 ORCHARD BEAORDINANCE NO. ORD-02-1096
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A PRE -ANNEXATION AGREEMENT WITH ANN TROKA
FOR PROPERTY LOCATED IN MCHENRY COUNTY, ILLINOIS
WHEREAS, Ann Troka is the legal owner of record of the real estate located on the
east side of Orchard Beach Road, commonly referred to as Lot 60 in Orchard Beach, being
A.L. Howe's Subdivision, 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 Pre -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 Pre -Annexation Agreement is
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUIVCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Pre -Annexation Agreement, bearing the date of , lAj _,
2002, between the City of McHenry, a Municipal Corporation in the State of lllinoi , and Ann
Troka, record owner, be and the same is hereby approved. A complete and accurate copy
of said Pre -Annexation agreement, labeled "Ann Troka Pre -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hereof are hereby repealed to the extent of such conflict.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 _�� DAY OF , 2002
AYES: BOLGER, GLAB, LOW, MURGATROYD, ALTHOFF
NAYS:
NONE
ABSTAINED: NONE
ABSENT: WIMMER
NOT VOTING: NONE
APPROVED THIS DAY OF 2002
ATTEST:
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ANN TROKA
PRE -ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into thisA�day of , 2002 by and
between the CITY OF McHENRY, an Illinois municipal corporation, in the County of McHenry,
State of Illinois ("City") and ANN TROKA ("Troka').
A. Troka holds fees simple title to the parcel of real estate legally described as
follows:
LOT 60 (EXCEPT THE NORTHEASTERLY 10 FEET THEREOF) IN ORCHARD
BEACH BEING A.L. HOWE'S SUBDIVISION OF PART OF THE SOUTH 1/2 OF
SECTIN 24 AND THE NORTHWEST 1/4 OF SECTION 25, ALL IN TOWNSHIP
45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 14, 1894 AS
DOCUMENT 12452, IN BOOK 1 OF PLATS, PAGE 50, IN McHENRY COUNTY,
ILLINOIS.
B. Troka has requested the City to enter into this pre -annexation of that Property to
the City conditioned upon the terms and provisions of this Agreement.
C. The Property constitutes unincorporated territory which may, in the future, be
annexed to the City, as provided in 65ILCA 5/11-15.1-1, of seq.
D. Prior to the date of this agreement, all required public hearings were held.
NOW, THEREFORE, in consideration of the covenants and conditions herein contained,
it is hereby agreed to as follows:
Upon written petition of the owner, the City shall pass an ordinance annexing the
Property. A copy of said ordinance shall then be filed in the Office of the County Clerk of
McHenry County and recorded in the McHenry County Recorder of Deeds Office.
2. Upon execution of this Agreement, if not already executed, Troka shall execute
the Storm Sewer Pipe and Stormwater Easement Agreement attached hereto as "Exhibit A."
Upon annexation, in accordance with existing ordinances, the Property shall be
automatically classified RS-4, including bulk requirements within the RS zoning classification
including a minimum lot size of 5,000 square feet, a minimum lot width of 40 feet, front and rear
yard setbacks of 25 feet, and an interior side yard setback of six feet. In addition, the City shall
consider the existing structures on the Property, consisting of a housed -fierce; as legal
conforming uses.
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19oy4. The Petitioners shall not be required to reimburse the City for any costs Z
associated with the annexation of the Property to the City referred to in the retained personnel
ordinance, and all application fees for zoning are hereby waived.
5. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns including, but not limited to, successor owners of record,
successor developers, lessees and successor lessees, and upon any successor municipal
authority of the City and successor municipalities.
IN WITHESS WHEREOF, the parties have executed this Pre -Annexation Agreement the
day and year first above written.
CITY OF McHENRY:
i
Pamela J. All '. .�
PETTITION
By:AL / G �Z
v
Ann Troka
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