HomeMy WebLinkAboutOrdinances - O-83-325 - 12/05/1983 - AUTHORIZE EXECUTION ANNEX AGMT HAROLD PAULORDINANCE NO.
STATE OF ILLINOIS )
COUNTY 01' McliETIRY } SS.
CITY OF McHENRY )
AN ORDINANCE AUTHORIZING THE
EXECUTION OF AN ANNEXATION AGREEMENT
BY AND BETWEEN THE CITY OF McHENRY, ILLINOIS
AND HAROLD J. PAUL AND JOSEPHINE E. PAUL. HIS WIFE
WHEREAS, it is in the best interests of the City of
McHenry, Mclienry County, Illinois, that a certain Annexation
Agreement, a copy of which is attached hereto and incorporated
herein, be executed; and
WHEREAS, Harold J. Paul and Josephine E. Paul, his
wife, the owners of record of the property described in the
Annexation Agreement attached hereto and incorporated herein,
are ready, willing and able to enter into said Annexation
Agreement and to perform the obligations as required thereunder;
and
WHEREAS, the City of McHenry, a municipal corporation
chartered under the laws of the State of Illinois, is empowered
by law to negotiate and execute contracts, and the aforesaid
City of Mcl;enry is ready, willing and able to enter into said
Annexation Agreement and tc perform the obligations as required
thereunder; and
WHEREAS, the parties hereto are in full compliance
with Division 15.1 of Article 11 of the Illinois Municipal
Code, as amended, for the execution of said Annexation Agreements:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION I: That the Mayor be and he is hereby
authorized and directed to execute, and the City Clerk is
directed to attest, the Annexation Agreement, a copy of which
is attached hereto and made a part hereof.
SECTION II: That this Ordinance shall be in full
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,tt8-7zz83
force and effect from and after its passage and approval as
provided by law.
Corporate Authorities Elected and Qualified to
Act: 9
Ayes : VoLGE nl6cA nI, Byssc. DA rz�McCi-g=r�V._� it J 44j J672k 17-E4GR
Naye s :
Abstain:
Absent:
Not Voting: NI)0 6-
PASSED: December 5, 1983
APPROVED: December 5, 1983
PUBLISHED: DEC. zl, jgS-3
ATTEST:
CITY OF McHENRY, a Municipal
Corporation Chartered Under the
Laws of the State of Illinois
By:
oseph B.�Stanek, Mayor
Barbara E. Gilpen, City Clerk
( S E A L )
Approved as to Form:
Bernard Narusis
NARUSIS AND NARUSIS
City Attorneys
ANNEXATION AGREEMENT
BETWEEN
THE CITY OF McHENRY, ILLINOIS,
A Municipal Corporation Chartered Under
the Laws of the State of Illinois
AND
HAROLD J. PAUL and JOSEPHINE E. PAUL, His Wife
Bernard Narusis,
NARUSIS & NARUSIS
213 West Lake Shore Drive
Cary, Illinois 60013
Telephone: (312) 639-5535
Attorneys for the City of
McHenry
Prepared By:
Richard W. Eicksteadt,
POLLOCK, MEYERS,
EICKSTEADT & ARNOLD, LTD.
100 West Washington Street
Marengo, Illinois 60152
Telephone: (815) 568-8071
Attorneys for Harold J. Paul
and Josephine E. Paul, His Wife
McHenry County, Illinois
Recorded
With the McHenry County
Recorder of Deeds
on
As Document No.
CITY OF McHENRY - HAROLD J. PAUL AND
JOSEMTRU E . _P L - -ANN XATI ON AGREEMENT
INDEX TO AGREEMENT AND EXHIBITS
Item
Page
Recitals---------------------------------------------------
1
Terms
and Conditions ---------------------------------------
2
1.
Recitals -----------------------------------------------
2
2.
Annexation Petition ------------------------------------
2
3.
Statutory Authority ----------------------- -
------------ 3
4.
Annexation Ordinance -----------------------------------
3
S.
Zoning -------------------------------------------------
3
6.
Consideration -------------------------------------------
3
7.
Agreement Modification ----------------------------------
3
8.
Successors In Interest ---------------------------------
3
9.
Fees----------------------------------------------------
3
10.
Recapture Agreements -----------------------------------
4
11.
Utilities ----------------------------------------------
4
12.
Improvements -------------------------------------------
4
13.
Signs --------------------------------------------------
4
14.
Binding Effect and Term --------------------------------
4
1S.
Enforceability -----------------------------------------
S
16.
Severability--------------------------------------------
5
17.
Ordinance Limitations-----------------------------------
5
18.
Recording -----------------------------------------------
5
19.
Amendments to Agrecment---------------------------------
S
20.
Meetings -----------------------------------------------
5
21.
Time is of the Essence ---------------------------------
6
EXHIBITS ATTACHED TO AND INCORPORATED INTO AGREEMENT
No. (Page)
I. Legal Description of Subject Property------------------- (1)
II. Map of. Property in Question----------------------------- (2)
day of
ANNEXATION AGREEMENT
BETWEEN THE
CITY OF McHENRY, ILLINOIS
AND
HAROLD J. PAUL AND JOSEPHINE E. PAUL, HIS WIFE
THIS AGREEMENT, made and entered into this
, 1983, by and between the CITY OF
McHENRY, McHenry County, Illinois, an Illinois municipal corporation,
known herein as the "CITY", and HAROLD J. PAUL and JOSEPHINE E.
PAUL, His Wife, known herein as "OWNERS", to -wit:
W I T N E S S E T H:
WHEREAS, The OWNERS are the legal owners of record of
certain real property, which is located in an unincorporated
portion of Nunda Township, McHenry County, Illinois, and is
legally described in "Exhibit I", and as shown on the map attached
as "Exhibit II", both of which are attached hereto, made a part
hereof and are incorporated herein by reference, as if more fully
set forth (said real property is hereinafter referred to as the
"Subject Property"); and,
WHEREAS, the Subject Property consists of one tract of
land totaling 2.021 acres, more or less, which abuts,, adjoins and
is contiguous to a portion of the Southern corporate limits of
the CITY; and,
WHEREAS, except for the OWNERS, there are no electors
residing upon the subject property; and
WHEREAS, the Subject Property is not included within
the corporate limits of the CITY or any other municipality; and,
WHEREAS, the OWNERS desire that the Subject Property be
annexed to the CITY upon certain terms and conditions and in the
manner hereinafter specified, and it is in the best .interests of
the CITY that the Subject Property be so'annexed in accordance
with the provisions of this Agreement; and,
CdrIL-'REAS, the CITY has conducted a public hearing upon
the proposed Annexation Agreement, and that the CITY Plan Commission
and Zoning Board of appeals have conducted public hearings regarding
the proposed annexation and zoning of the Subject Property, and
that the aforesaid hearings were held pursuant to due and proper
public notice, as prescribed by the appropriate provisions of the
Illinois Municipal Code; and,
WHEREAS, the Subject Property is located within the
McHenry-Nunda Library District, the McHenry Fire Protection
District and Nunda Township; and,
WHEREAS, the Trustees of said Library District and the
Trustees of said Fire Protection District and the Supervisor,
Trustees and Highway Commissioner of said Township were each
individually notified, in writing, by certified or registered
mail, at least 10 days in advance of any action taken with respect
to the annexation of the Subject Property, and,
WHEREAS, said notice, and the service thereof, has been
provided, and a copy of said notice has been filed with the
Recorder of Deeds of Mcllenry County as follows:
a. The Supervisor, Trustees and Highway Commissioner of
Nunda Township on the 22nd day of November, 1933
as Document No. 869837; and
b. McHenry-Nunda Library District on the 22nd day of
November, 1983, as Document No. 869838;
c. Nunda Rural Fire Protection District on the 22nd day
of November, 1983 as Document No. 869839; and
d. McHenry Fire Protection District on the 22nd day of
November, 1983, as Document No. 869840.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements contained herein, it is,hereby agreed by
and between the parties hereto to be bound by the terms and
conditions as follows, to -wit:
TERMS AND CONDITIONS
1. RECITALS: That the representations and recitals
set forth in the foregoing preamble are material to this Agreement
and the parties hereby confirm and declare the truth and validity
of said representations and recitals and hereby incorporate the
aforesaid representations and recitals into this Agreement.
2. ANNEXATION PETITION_ That prior to the execution
of this Agreement, the OWNERS have filed with the City Clerk of
the CITY, a duly executed and proper petition for the annexation
-2-
of the Subject Property to the CITY, pursuant to and in accordance
with the provisions of Section 7-1-8, of Chapter 24 of Illinois
Revised Statutes, as amended.
3. STATUTORY AUTHORITY: This Annexation Agreement is
entered into and executed by the parties hereto pursuant to
Section 11-15.1-1 through and including Section 11-15.1-5 of
Chapter 24 of Illinois Revised Statutes, as amended.
4. ANNEXATION ORDINANCE:
That the CITY agrees to
enact, simultaneously with the execution of this Agreement, an
Ordinance annexing the Subject Property.
S. ZONING: That the CITY agrees to enact, simultaneously
with the execution of this Agreement, an Ordinance amending the
CITY Zoning Ordinance to permit zoning the Subject Property of
said Subdivision as "B-3" Commercial Use District. The residence
upon the subject property shall be a non -conforming use in accordance
with the CITY Ordinance in effect on the date this Agreement is
signed.
6. CONSIDERATION: That it is understood and agreed by
and between the parties hereto that the consideration for this
Agreement is the firm establishment for the term hereof of the
respective rights, obligations and powers of the parties.
7. AGREEMENT MODIFICATION: Although the parities to
this Agreement may mutually, in writing, waive or modify the
terms and conditions hereof in accordance with statute, it is
deemed of the essence herein that, absent such voluntary waiver
or modification, none of the parties shall seek to work a change
or modification hereof by resort to litigation or court action.
8. SUCCESSORS IN INTEREST: That this Agreement shall
inure to the benefit of and be binding upon the successors in
title and assigns of the OWNERS and each of them, and upon successor
corporate authorities and successor municipalities of the CITY.
9. FEES: The OWNERS shall pay to the CITY, as and
for annexation, the sum of TWO THOUSAND TWENTY-ONE AVD NO/100
($2,021.00) DOLLARS. The execution of this Agreement by the CITY
acknowledges receipt of said sum.
-3-
10. RECAPTURE AGREEMENTS: The CITY will enact an
ordinance authorizing the entry into a recapture agreement with
the OWNER requiring the owner of any property lying outside the
boundaries of the annexed territory, making a connection to any
oversize mains or extensions of any standard water or sanitary
sewer mains or storm drains installed by the OWNER to serve lands
other than the annexed territory, to reimburse the OWNER herein,
or his designee, for a portion of the cost of such facilities.
The said recapture ordinance and agreement shall be prepared by
the city attorney. The calculation of any off -site users' contribu-
tion shall be made by the city engineer and shall be based upon
the actual cost of such facilities as verified by the OWNER to
the city and such calculations shall be approved by the city
council. It is further understood that any costs, and expenses
that the city may incur in the preparation or enforcement of said
recapture ordinance and agreement, including but not limited to,
attorneys and engineering fees, shall be paid by the OWNER. The
term of such recapture agreement shall be limited to ten years
from the date the facilities have been accepted by the city.
The territory annexed hereby shall be subject to the
recapture agreements between the city and other parties.
11. UTILITIES: The CITY agrees that, as of the date of
this Agreement, the OWNERS shall be permitted to keep the utilities
in existence on the date of this Agreement on subject property
for the life of this Agreement. OWNERS shall keep all utilities
in good repair.
12. IMPROVEMENTS: CITY agrees, as of the date of this
Agreement, to permit OWNER to maintain his residence, buildings
for his businesses and other improvements upon the subject
property. OWNERS shall keep all improvements in good repair.
13. SIGNS: OWNERS shall be permitted to keep and
maintain the signs upon the Subject Property advertising the
businesses located thereon and informing the public of the
OWNERS' names, address and telephone number. The OWNER shall
maintain the signs in good repair.
14. BINDING EFFECT AND TERM: This Annexation Agreement
shall be binding upon and inure to the benefit of the parties
hereto, successor owners of record of land which is the subject
of this Agreement, assignees, lessees, and upon any successor
municipal authorities of said CITY and successor municipalities,
for a period of ten (10) years from the date of execution hereof,
and any extended time that may be agreed to by law and attached
-4-
hereto as amendments. Should any of the provisions of this
Agreement be litigated, the term of this Agreement shall be
stayed and not counted until said litigation is concluded or
terminated.
I.S. ENFORCEABILITY: This Agreement shall be enforceable
in any court of competent jurisdiction, administered by the State
of Illinois, by any of the parties hereto by any appropriate
action at law or in equity to secure the performance of the
covenants herein contained.
16. SEVERABILITY: If any provision of this Agreement
is held invalid, such provision shall be deemed to be exercised
therefrom and the invalidity thereof shall not affect any of the
other provisions contained herein. It is expressly understood
that the zoning use classification of "B-3" Commercial Use
District shall survive this Agreement and continue to be the
zoning classification of the Subject Property.
17. ORDINANCE LIMITATIONS: Other than the Amended
Zoning Ordinance referenced in Paragraph 16, above, no other
Ordinance, now in effect or hereinafter enacted, shall be limited
during the life of this Agreement.
18, RECORDING: This Agreement shall be recorded with
the Recorder of Deeds of McHenry County, Illinois.
19. AMENDMENTS TO AGREEMENT: The provisions of this
Agreement may be amended from time to time by mutual agreement of
both parties. Said amendments shall be signed by the CITY and
OWNERS, or their successors, and attached to this Agreement by
Addendum. Pursuant to Paragraph 17 of this Agreement, said
Addendums shall be recorded.
20. MEETINGS_: Notwithstanding the provisions of Paragraph
18, any requirements that may have a general effect upon the CITY
shall comply with the applicable notice and public meeting
requirements of Illinois Law then in effect. The CITY agrees to
call any special meetings necessary to comply with this paragraph.
-5-
21. TIME IS -OF —THE ESSENCE: The parties to this
Agreement understand th,►t time is of the essence of this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective appropriate officers,
upon due authorization, all on the day and year first above
written, at McHenry, McHenry County, Illinois.
CITY OF McHENRY
McHenry County, Illinois
An Illinois Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
OWNERS:
�r
Harold J. Paul U
0 rhinf E. Paul, His Wi e
SUBSCRIBED AND SW'gRN TO
befor��%me this ! � day
of ,(,�� 9—f983.
Notary Pu lic
POLLOCK, MEYERS,
EICKSTEADT & ARNOLD, LTD.
Attorneys for Owners
100 West Washington Street
Marengo, Illinois 60152
Telephone: (815) 568-8071
EXHIBIT I
IN THE MATTER OF THE ANNEXATION PETITION OF
HAROLD J. PAUL AND JOSEPHINE E. PAUL, HIS WIFE
The following is the legal description which is
the subject of the above -entitled Petition for Annexation
to the City of McHenry:
Of that part of the Southwest Quarter of Section 2,
Township 44 North, Range 8 East of the Third Principal
Meridian, described as follows: Beginning on the West line
of said Section 2 at a point 275.75 feet South of the
Northwest corner of said Southwest Quarter and running
thence Easterly on a line forming an angle of 90 degrees
35 minutes to the left with a prolongation of the last
described line, for a distance of 722.35 feet to the
Westerly boundary of the highway known as State Route 31;
thence continuing along the last described line extended 91.76
feet to the Easterly boundary line of said highway; thence
Southwesterly on a line forming an angle of 78 degrees 11
minutes 51 seconds as measured counter clockwise from the last
described line 30.66 feet to a point; thence Southwesterly on
a line forming an angle of 172 degrees 33 minutes 40 seconds
as measured counter clockwise from the last described line,
95.3 feet; thence Southwesterly on a line forming an angle
of 184 degrees 53 minutes 55 seconds as measured counter
clockwise from the _last described line 4.45 feet; thence
Westerly on a line forming an angle of 104 degrees 21 minutes
35 seconds as measured counter clockwise from the last
described line 84.34 feet to the Westerly boundary line of
said highway; thence continuing on the last described line
extended Westerly 691.95 feet in a straight line to a point
on the West line of said Section 124.53 feet South from the
aforesaid place of beginning; thence North 124.53 feet to
the place of beginning, in Nunda Township, McHenry County,
Illinois.
(1)