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Home My WebLink AboutOrdinances - ORD-08-1450.A - 12/15/2009 - AUTHORIZE EXECUTION OF PRE ANNEXATION AGREEMMENT WORDINANCE NO.ORD-08-1450.A AN ORDINANCE AUTHORIZING THE EXECUTION OF A ]PRE ANNEXATION AGREEMENT WITH WILLIAM NYE FOR 1634 NORTH RIVERSIDE DRIVE IN MCHENRY COUNTY, ILLINOIS WHEREAS, William Nye is the legal owner of record (OWNER) of the real estate located at 1634 North Riverside Drive in McHenry County, Illinois; and WHEREAS, the OWNER and the City desire to enter into a pre -annexation agreement regarding the property located at 1634 North Riverside Drive McHenry County Illinois, legally described in the "Nye Pr - Annexation Agreement", attached hereto, and WHEREAS, the Corporate Authorities of the City of McHenry 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 COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION l_ The pre -annexation agreement, bearing the date of December 15, 2008, between the City of McHenry, a Municipal Corporation in the State of Illinois, and William Nye, be and the same is hereby approved. A complete and accurate copy of said 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 pre -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 SECTION 3_ All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 `i: 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 and APPROVED THIS 15'h DAY OF December, 2008 AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None ATTEST: CITY Q,ERK 1 MAYOR NYE PRE -ANNEXATION AGREEMENT This Agreement made and entered into this a5 day of _ December , 2008, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and WILLIAM NYE (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 requested permission to connect the SUBECT PROPERTY to the CITY's municipal sanitary sewer system. C. The SUBJECT PROPERTY is currently improved with a single family home and is zoned R-1, pursuant to the McHenry County Zoning Ordinance. D. 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 may be annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq. upon becoming contiguous to the corporate boundaries of the CITY. E. Upon becoming contiguous to the corporate boundaries of the CITY, the OlArNER will annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. F. 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. G. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: 1. Sanitary Sewer. Upon execution of this Pre -Annexation Agreement, the CITY shall allow the OWNER to connect the SUBJECT PROPERTY to the CITY's municipal sanitary sewer system. The OWNER shall secure all necessary permits from the CITY for said connection and shall pay all applicable connection and capital development fees at the non-resident rate. OWNER shall also obtain all necessary permits from McHenry County for abandonment of the existing septic system. 2. Annexation. Within ninety (90) calendar days following the SUBJECT' PROPERTY becoming contiguous to the corporate limits of the CITY, the OWNER agrees to submit a proper Petition to Annex the SUBJECT PROPERTY to the CITY pursuant to 65 ILCS 7-1-8. This petition shall include the signatures of all Owners of Record of the SUBJECT PROPERTY and all electors residing on the SUBJECT PROPERTY. Failure to file said Petition with the CITY shall permit the CITY to disconnect the SUBJECT PROPERTY from all sanitary sewer connection to the CITY's municipal sanitary sewer. Until such time as said disconnection is made, the OWNER agrees to pay an increased sanitary user fee of three times the regular amount made by residents of the: CI'IY. Zoning. Concurrently with the submittal of a Petition to Annex, OWNER shall file a petition to rezone the SUBJECT PROPERTY, in accordance with the codes and ordinances of the CITY. 4. Legal Fee:,. In the event the CITY is required to file a lawsuit to compel compliance with the provisions of Section 2 of this Agreement, the OWNER shall reimburse the CITY of all of its legal fees incurred therein. 5. 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 le-ssees, 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. 6. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 7. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this A.greement, the party alleging the breach shall provide notice to the party alleged to be in default specifying, the nature of said default, and thirty (30) days shall elapse from the: receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY City Administrator 333 S. Green Street McHenry, IL 60050 OWNER William J. Nye 1634 N Riverside Drive McHenry, IL 60050 8. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith ,proceed to correct such violations as may exist; provided, however, that the CITY shall dive notice in advance; to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 9. 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. 10. 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. 11. Enforceabil�. 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. 12. 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. 13. Severabilitty. If any provision of this Agreement, other than the provisions relating to the requested zoning change 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 HEREOF, the parties hereto have executed this Agreement as of the date indicated above.. CITY OF MCHENRY B: MA OR Attest: C- QX-l/ CITY LE B �v l Print Name: J . N Exhibit A Legal Description of the SUBJECT PROPERTY Lot 4 in E.B. Crook's Subdivision, a Subdivision of part of the southeast quarter of the northeast quarter of Section 26, Township 45 north, Range 8, east of the third principal meridian, according to the plat thereof recorded September 4, 1909 as Document No 13792 in book 3 of Plats, page 218, in McHenry County, Illinois. Location Map 132 -001 ------------- e 0 Ap gz� Z 7 -002 14 9 Subject Property 17.037 ---------------- --- F z 94 , 411 k -002 C 43 U:B. -013 6