HomeMy WebLinkAboutOrdinances - ORD-13-1644 - 10/07/2013 - AUTHORIZING THE EXECUTION OF A PRE-ANNEXATION AGRE20�svw��
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO. ORD-13-1644
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT FOR A
.2S ACRE PROPERTY LOCATED AT 1918 ORCHARD BEACH ROAD, IN, MCHENRY COUNTY,
ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article Vil, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WI-fEREAS,-Michael P. and Nancy K. Connor are the record title holders of the real estate
("Record Owners") located at 1918 Orchard Beach Road, 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 COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Pre -Annexation Agreement, bearing the date of October 7, 2013
between the City of McHenry, a Municipal Corporation in the State of Illinois and the Record
Owners be and the same is hereby approved. A complete and accurate copy of said pre -
annexation agreement labeled "Connor Pre -Annexation Agreement", is attached to this
ordinance and incorporated herein by reference as Exhibit "A."
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hereof are hereby repealed to the extent of such conflict.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 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 7th DAY OF OCTOBER, 2013
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Low
NAYS: None
ABSTAINED: None
ABSENT: None
NOTVOTING: None
APPROVED THIS 7 th DAY OF OCTOBER, 2013
MAYOR
ATTEST:
CITYn
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.inchenry.il.us
Exhibit "A"
Connor Pre -Annexation Agreement
(Copy on file with the office of the City Clerk)
Connor Pre -Annexation Agreement
This Agreement made and entered into this 7 th day of October, 2013 between Michael P.
Connor and Nancy K. Connor, hereinafter referred to as "OWNERS", and the City of McHenry, a
Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as
"CITY".
RECITALS
A. The OWNERS are the record titleholders 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 .25 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-
15.1-1, et seq., of the Illinois Municipal Code.
G. 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 proper notice and
publication as are required for the CITY to effect the terms of this Agreement.
NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the
CITY and OWNERS hereby agree as follows:
1
1. Annexation. Upon the SUBJECT PROPERTY becoming contiguous to the corporate limits
of the CITY and within sixty (60) days of becoming contiguous to the corporate limits of
the CITY, the OWNERS shall submit a proper petition for annexation and plat of
annexation and the CITY shall enact an ordinance annexing the SUBJECT PROPERTY 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.
IL Release. OWNERS hereby release the CITY from any and all liability or damage to
OWNERS 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.
Ill. Sanitary Sewer Capital Development Fees. Prior to the OWNERS connecting to the
CITY'S sanitary sewer system, the OWNERS must obtain all required permits, including a
septic abandonment permit from the McHenry County Health Department, and pay all
required permit fees, including a sanitary sewer recapture fee in accordance with the
Eckstein Recapture Agreement approved by the City Council on July 19, 2010, and
associated sanitary sewer capital development, connection and plumbing inspection
fees prior to connection. Capital development, sewer connection, plumbing inspection
and user 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 OWNERS
shall not be obligated to connect to the City's potable water main. However, upon the
OWNERS electing to make said connection at a later date, the OWNERS shall pay the
then applicable water connection and capital development fees and plumbing
inspection fee at the then current rate. If the SUBJECT PROPERTY is not located within
the corporate limits of the CITY at time of permit application for connection to the City's
water system capital development, water connection, plumbing inspection and user
fees shall be paid at 1.5 times the resident 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.
V1. 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.
K
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 OWNERS shall continue in full force and effect.
Vill. 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.
OWNERS
Michael Pf Connor
"Nancy kvonnor
CITY
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M4or
Attest:
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Exhibit A
Legal Description of the SUBJECT PROPERTY
LOT 54 IN ORCHARD BEACH, BEING A.L. HOWE'S SUBDIVISION OF A PART OF THE FRACTIONAL
SOUTH HALF OF SECTION 24 AND PART OF THE FRACTIONAL NORTHWEST QUARTER OF
SECTION 24, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 14, 1894 AS DOCUMENT NUMBER 12452
IN MCHENRY COUNTY, ILLINOIS,
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PHYLLIS K. MI-TERS
RECORDER-MCHENRY COUNTY, IL
2013ROO50433
10/17/2013 10:35AN PAGES 8
RECORDRIG FEE 29.00
GIs FEE 15.00
CERTIFICATION
1, Marcia M. Geraghty, Executive Assistant in and for the City of McHenry, Illinois, do hereby
certify that the attached document is a true and correct copy of Ordinance No. ORD-13-1644, an
Ordinance authorizing the Pre -Annexation Agreement between Michael P. Connor and Nancy K. Connor
I
and the City of McHenry for a .25 acre property located at 1918 Orchard Beach Road, in McHenry
County, Illinois, approved by the City Council of the City of McHenry, Illinois, at a regular meeting of said
Council held on the 7 th day of October, 2013, and the same was signed and approved by the Mayor of
said City on the 7t� day of October, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of
McHenry, Illinois this 16th day of October, 2013.
',--(SEAL)
Prepared by and Mail to:
City of McHenry 000%
333 S Green St
McHenry IL 60050
815-363-2100
Marcia M.Geraght�Exec iveAssistant
City of McHenry, Illinois
in