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HomeMy WebLinkAboutOrdinances - ORD-09-1471 - 06/29/2009 - AUTHORIZE PRE-ANNEX AGMT ECKSTEIN 1910 N ORCHARD DORDINANCE NO. ORD-09-1471 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE - ANNEXATION AGREEMENT BETWEEN MICHAEL AND ANN ECKSTEIN AND THE CITY OF MCHENRY FOR THE PROPERTY LOCATED AT 1910 NORTH ORCHARD DRIVE 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 Pre -Annexation Agreement between the City of McHenry and Michael and Ann Eckstein for his property located at 1910 North Orchard Beach Drive is in the best interest of the City. SECTION 2: The Mayor and City Clerk are hereby authorized to execute a Pre - Annexation Agreement (attached hereto as Exhibit A, and made a part hereof). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict.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, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 29th day of June, 2009 Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon, Low. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schaefer. �S Mayor ATTEST: JCL_ City Clerk i Eckstein Pre -Annexation Agreement This Agreement made and entered into this 29'h day of June, 2009 between Michael and Ann Eckstein, 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 titleholder 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 east side of Orchard Beach Road, and consists of approximately .50 acres. C. The SUBJECT PROPERTY is currently improved, and has electors residing thereon, and is zoned R-1, Single -Family Residential District 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 upon becoming contiguous to the corporate boundaries of the CITY. E. 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. F. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1, et seq., of the Illinois Municipal Code. U. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. H. Prior to the date of this Agreement, all public hearings were held upon property notice and publication as are required for the CITY to effect the terms of this Agreement. NOW, THEREFORE, for an in consideration of their respective agreements set out herein, the CITY and OWNER hereby agree as follows: 1. Annexation. Upon the SUBJECT PROPERTY becoming contiguous to the corporate limits of the CITY, the OWNER shall submit a proper petition for annexation and the CITY shall enact an ordinance annexing the SUBJECT PROEPRTY 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. II. Release. OWNER hereby releases the CITY from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality, or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. III. Sanitary Sewer Capital Development Fees. Prior to the OWNER connecting to the CITY's sanitary sewer system, the OWNER must obtain all required permits, including a septic abandonment permit from the McHenry County Health Department, and pay all required permit fees and associated sanitary Eckstein Pre -Annexation Agreement sewer capital development fees prior to connection. Capital development fees shall be paid at 1.5 times the resident rate. IV. Water Service. Upon annexation of the property to the City of McHenry, the owner shall not be obligated to connect to the City's potable water main. However, upon the OWNER electing to make said connection at a later date, the OWNER shall pay the then applicable water connection fee and capital development fee at the then current rate. 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 twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. VI. 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. VII. 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. VIII. 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 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. OWNER Micha 1=$ckstein Ann Eckstein CITY L' Mayor Attest: C.. C' Irk Eckstein Pre -Annexation Agreement 2 Exhibit A Legal Description of the SUBJECT PROPERTY I.ot 57 and 58 in Orchard Beach being a L Howe S Subdivision of part of the south half of Section 24 and the Northwest quarter 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 No 12452 in Book 1 of Plats, page 50, in McHenry County, Illinois. Eckstein Pre -Annexation Agreement