HomeMy WebLinkAboutOrdinances - ORD-18-1881 - 11/23/2018 - Annexation Agreement SpeedwaynlBll0IIIIC4IVVIII!Vlli0ll
JOSEPH J. TIRIO
RECORD ER-MCHENRY COUNTY, IL
2018R0037445
11/01/2018 08:34:16 AM PAGES: 26
RECORDING FEE 46.00
GIS FEE 15.00
This space reserved for Recorder's use only.
CERTIFICATION
I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify
that the attached document is a true and correct copy of Ordinance No. ORD-18-1881, An
Ordinance Authorizing the Execution of an Annexation Agreement for an approximately Seven
and Half Acre Property located at the Northwest Corner of Ringwood Road and Illinois Route
1120 in McHenry County, Illinois adopted by the City Council at its Regularly Schedule Council
meeting on July 23, 2018.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful
custodian and keeper of the same.
Given under my hand and corporate seal of the City of McHenry this 23rd day of
July 2018.
Debra Meadows, Deputy City Clerk
15, City of McHenry,
' x 19 ? 3 McHenry County, Illinois
P .pat e&b'y t � Office of the McHenry City Clerk
MAi" '(V'ort;' e of the Deputy City Clerk
City of McHenry
333 S. Green Street
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1881
An Ordinance Authorizing the Execution of an Annexation Agreement for an
Approximately Seven and a Half Acre Property Located at the Northwest Corner of
Ringwood Road and Illinois Route 120 in McHenry County, Illinois
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
July 23, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 23rd day of July, 2018.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO. 18-1 c6$ \
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN
APPROXIMATELY SEVEN AND A HALF ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER
OF RINGWOOD ROAD AND ILLINOIS ROUTE 120 IN MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, an Illinois Municipal Corporation in the State of Illinois
("City"), McHenry County, Illinois, is a home rule municipality as contemplated under Article VII,
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
WHEREAS, First Midwest Bank is the record title holder ("Record Owner") and Speedway,
Inc. ("Applicant") is the Developer of the real estate located at the northwest corner of Ringwood
Road and Illinois Route 120, 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 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 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 Annexation Agreement, bearing the date of July 23, 2018 between the
City, Record Owner and Applicant be and the same is hereby approved. A complete and accurate
copy of said annexation agreement labeled "Speedway 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 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.
7
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
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.
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PASSED THIS Q DAY OF , 2018
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ABSENT:
NOT VOTING:
APPROVED THIS �,�DAY OF , 2019
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Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
SPEEDWAY ANNEXATION AGREEMENT
This Agreement made and entered into this 23th day of July 2018, by and between the
CITY OF MCHENRY, an Illinois municipal corporation ("City'), Speedway LLC, c/o Real Estate Dept.,
539 South Main Street, Findlay, OH 45840 ("Applicant"), and 1st Midwest Bank 13455 & Fuhler
Properties, 1134 N Main St, Algonquin, IL 60102-3482 ("Property Owner').
RECITALS
A. The Property 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 or Property."
B. The Property Owner and Applicant are parties to a certain Purchase and Sale Agreement
providing for the sale by Owner and the purchase by the Applicant of the Subject Property.
C. The Subject Property is currently located in unincorporated McHenry County and is zoned B-
1 Neighborhood Business District to the south and A-1 Agriculture to the north.
D. has committed to issue a title policy insuring Applicant's interest in the
S bject Property.
E. The Property Owner has filed with the City Clerk a Petition for Annexation of the Subject
Property to the City, contingent upon the terms and provisions of this Agreement, which
Petition has been filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the City.
F. The property affected by the Annexation Agreement consists of 7.59 acres, more or less, and
is located at the northwest corner of Illinois State Route 120 & Ringwood Road, also known
as 2009 Ringwood Road, McHenry, IL 60050.
G. The property affected by the Annexation Agreement contains a 2,480-square foot wooden
barn and 960 square foot frame garage, along a gravel driveway, located along the northern
end of the Subject Property, as well as a farm field, various signs, a billboard with two
spotlights, sporadic trees and vegetation and a four -foot wire fence along the northern
property line.
H. The Subject Property has no electors residing thereon.
I. The Subject Property is not within the corporate boundaries of any municipality or subject to
an annexation agreement with any other municipality, and is presently contiguous to and
may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.
4
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
J. The Property Owner and Applicant desire to annex the Subject Property to the City in
accordance with the terms of this Agreement.
K. 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.
L. The City does not provide library or fire protection services to the Subject Property, so notice
to the Fire Protection District or Public Library District of the annexation of the Subject
Property is not required.
M. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-
15.1-1, et seq. The City is a home rule municipality as contemplated under Article VII, Section
6, of the Constitution of the State of Illinois, and the passage of this Agreement constitutes
an exercise of the City's home rule powers and functions as granted in the Constitution of the
State of Illinois.
N. Prior to the date of this Agreement, all public hearings were held upon proper notice and
publications as are required for the City to effect the terms of this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THEIR RESPECTIVE AGREEMENTS SET OUT HEREIN,
THE CITY AND PROPERTY OWNER HEREBY AGREE AS FOLLOWS:
1. Annexation. Upon execution of this Agreement, as allowable by law, the City shall enact
an ordinance annexing the Subject Property. A copy of said ordinance, together with an
accurate plat of the Subject Property, shall be filed with the County Clerk of McHenry
County and recorded with the Recorder of Deeds of McHenry County. This Agreement in
its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of
no force and effect unless the Subject Property is zoned and classified as provided in this
Agreement bythe adoption of ordinances bythe City immediately following the execution
of this Agreement. In addition, hereto, this Agreement in its entirety, together with the
aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the
Applicant closes on the Subject Property with Property Owner pursuant to the Sales
Contract no later than December 31, 2018, and in such case the adoption of any
ordinances by the City in conjunction with this Agreement shall be null, void and of no
force.
10
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
2. Zoning. Immediately following the annexation of the Subject Property, the City shall
adopt an ordinance granting a zoning map amendment to C-2 Neighborhood Commercial
District.
3. Conditional Use Permit. Immediately following the annexation of the Subject Property,
the City shall adopt an ordinance approving a conditional use permit to allow a fueling
station.
4. Landmark Commission/Demolition of Existing Structures Within twenty-four (24)
months from the approval date of this Agreement or such longer period as agreed upon
by the City and Applicant, Applicant shall demolish all existing buildings and/or structures
on the Subject Property. Upon request by the City and upon reasonable notice provided
to the Applicant the Applicant shall permit the City of McHenry Landmark Commission to
enter into any of the buildings and/or structures on the Subject Property proposed for
demolition, and at no charge remove any historic material from said buildings prior to the
demolition of any building. The City indemnifies, defends and holds Applicant harmless
for any injury to City or Landmark Commission members, their agents or contractors or
other members of the public which may occur in the process of inspecting or removing
any historic material from said buildings prior to the demolition.
5. Site Plan. Applicant shall develop the Subject Property pursuant to the Improvement
Plans prepared by W-T dated 1/25/18 with the latest revision date oft . -h and
consistent with two pages, and the Landscape Plans prepared by Corporate Design and
Development Group, LLC dated 3/16/18 consisting of three pages (collectively, "Site
Plan") attached as Exhibit B. Applicant shall plant 8-foot tall evergreen (or non -
deciduous) trees to enhance screening adjacent to and north of the diesel fueling lanes.
6. Tree Survey and Preservation Plan Applicant shall provide a tree survey and preservation
plan for review and approval by the City for the Subject Property, in accordance with the
City's Tree Preservation ordinance. A tree survey and preservation plan shall be
submitted, as part of engineering and building permit review, prior to removal of any
trees on the Subject Property. Prior to the issuance of the first occupancy permit on the
Subject Property, the Applicant shall implement and install the plant material depicted on
the final landscape plan and the City shall approve the installation of the plant material in
accordance with the final landscape plan.
7. Development of Northern Half of Prooertv. Because of the significant objections raised
by the property owners to the north of the Subject Property, Applicant hereby agrees,
that prior to any development occurring on the Subject Property, other than the proposed
fueling station and convenience store, an amendment of this Agreement must be reached
11
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
with the City Council. Applicant waives any vested rights or other permitted rights, zoning
or otherwise, to further use or develop the Subject Property without amendment of this
Agreement.
8. Curb, Gutter, Sidewalks and Driveways Applicant shall install public sidewalks, concrete
curb and gutter, and an enclosed storm sewer system, designed and constructed in
accordance with the ordinances of the City.
9. Booster Pump. Applicant shall dedicate a perpetual easement for a water booster pump
for the City in an area depicted on Exhibit C attached hereto and incorporated herein.
The easement document shall be drawn by a registered surveyor by the Applicant,
recorded and provided to the City within sixty (60) days to execution of this Agreement.
10. Billboard Sign. Applicant shall remove the existing billboard sign currently located on the
Subject Property within thirty (30) days of lease expiration of the existing billboard with
the current Property Owner. Property Owner shall provide the City with a copy of the
existing lease within upon execution of this Agreement.
11. Plat of Easement of Berm on North Side of Subiect Property. Applicant shall construct a
berm across the entire length of the northern property line of the Subject Property which
abuts the Chesapeake Hills Subdivision. Construction of the berm shall be completed
prior to the Applicant receiving a temporary or full certificate of occupancy for the Subject
Property. The perpetual easement attached hereto as Exhibit D shall be signed by the
Applicant and filed with the McHenry County Recorder of Deeds preventing any removal
of the berm for any reason. The easement document shall be drawn by a registered
surveyor by the Applicant, recorded and provided to the City. Both the easement and the
berm shall be approved by the City engineer prior to being recorded by the Applicant.
Notwithstanding the foregoing, based on existing elevations of the private drive that runs
parallel with Speedway's north property line, the berm will be constructed at a minimum
of 7 feet above those respective elevations.
The City shall have the right but not the obligation to maintain the berm if the Applicant
fails to properly do so in a timely manner. Prior to any clearing, excavation, grading or
other site development work being done on this portion of the Subject Property which
lies directly south of the Chesapeake Hills Subdivision, the Applicant shall provide the City
with an Erosion and Construction Runoff Control Plan. Said Plan shall include
extraordinary measures, including but not limited to hay bales, silt fencing, straw, etc.
that will prevent silt or any other construction runoff or debris from impacting the
subdivision, Ringwood Road or Parkland School.
12
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
12. Sanitary Sewer and Water. The Subject Property shall be developed with municipal
sanitary sewer and water. Applicant will be required to extend the municipal water and
sewer lines to service the Subject Property, and the City will service the development with
water and sanitary sewer treatment facilities. Water and sanitary treatment plant and
main capacity will be made available to the development on the same basis as it is made
available to other developments. The City acknowledges that there is currently sanitary
sewer and water treatment plant capacity available to service the Subject Property but
does not guarantee sanitary sewer and water treatment capacity. A Plat of Easement
shall be prepared and submitted by the Applicant and approved by the City to encompass
the public water main, hydrants and other water -related appurtenances and blanket
easement for stormwater management (detention area). The Plat of Easement shall be
recorded prior to issuance of an occupancy permit for the Subject Property.
13. Stormwater Release Rate. The Applicant shall design the stormwater system on the
Subject Property such that the water releases at a rate of .11 cfs. rather than the
otherwise required rate of .15 cfs.
14. Underground Utilities. Applicant shall install underground, at Applicant's cost, all new
electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits
necessary to service the development of the Subject Property.
15. Road Improvements and Contributions Applicant shall construct the offsite roadway
improvements in accordance with the traffic study completed for the project and obtain
all necessary permits from the City of McHenry and the State of Illinois.
16. Liquor License. No representation is made by the City with regard to the eligibility of the
Applicant to obtain a liquor license on the Subject Property.
17. Sign Plan. The sign plan attached hereto as Exhibit E, prepared by (Al and
dated shall apply to the development of the proposed fueling station and
convenience store.
18. Donations. Contributions and Fees Applicant acknowledges that the development of the
Subject Property will not impact schools, parks and the library but will impact the
McHenry Township Fire Protection Districts and the City. To reduce the effects of this
impact, and as a condition of this Agreement, Applicant shall be obligated to pay and/or
donate, or cause to be donated to the City, or provide improvements for the benefit of
the City as follows:
a) Annexation Fees
13
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Applicant shall pay to the City the lump sum of $3,795, representing $500 per acre, within ninety
(90) days following City Council approval of the ordinance annexing the Subject Property to the
City.
b) New Construction Payments
Applicant shall pay to the City at time of issuance of the building permit for the following:
a. Fire District:
b. Water Capital Development Fee:
c. Sanitary Sewer Capital Development Fee:
d. Building Permit and associated fees (plan review, plumbing,
inspection and water meter):
The aforementioned fee amounts shall be paid in accordance with the applicable fee schedule in
effect at time of issuance of the building permit.
19. Binding Effect and Term/Enforcement This Agreement shall be binding upon and inure
to the benefit of the parties hereto in accordance with statutory provisions, 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. The Applicant may assign, without any additional approval by the City, this
Agreement and the Conditional Use Permit to a related entity of Speedway LLC. Any and
all lawsuits filed by any party hereto, involving a controversy or dispute with regard to
this Agreement or the development of the Subject Property, shall be filed exclusively in
the 22nd Judicial Circuit Court, McHenry County, Illinois and the prevailing party shall be
entitled to recover, from the non -prevailing party, all of its reasonable expenses incurred,
including attorney's fees.
20. 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.
14
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
21. 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 Agreement, 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 elapses 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: Administrator: City of McHenry
333 S Green Street
McHenry, IL 60050
Attorney: David McArdle
Zukowski, Rogers, Flood and McArdle
50 Virginia Street
Crystal Lake, IL 60014
Owner: 1st Midwest Bank
13455 & Fuhler Properties
1134 N Main St.
Algonquin, IL 60102-3482
Applicant: Speedway LLC
539 South Main Street
Findlay, OH 45840
15
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (81S) 363-2173
www.ci.mchenry.il.us
22. 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 Applicant, and Applicant may forthwith proceed to
correct such violations as may exist; provided, however, that the City shall give notice in
advance to the Applicant 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.
23. Ordinance Changes. Except as otherwise specified herein, all ordinances of the City and
other applicable jurisdictions shall apply to the Subject Property, Applicant 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, or less, restrictive requirements, such amended restrictive requirements
shall be enforceable as applied to the Subject Property, so long as such amendments or
modifications are (i) non-discriminatory in their application and effect throughout the
City or other applicable jurisdictions; and (ii) do not prevent or unreasonably interfere
with Speedway's then -current operations upon the Subject Property.
24. Obligations. All obligations of the Applicant 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. Applicant 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.
25. 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 Applicant shall continue in full force and effect.
26. Severability. If any provision of this Agreement, other than the provisions relating to the
requested zoning changes and Preliminary Plat described herein and the ordinances
adopted in connection therewith, is held invalid by any court of competent jurisdiction,
such provision shall be deemed to be excised here from 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.
16
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
CI OF MCHENRY, an Illinois municipal corporat on
Attest. By:
City Clerk Its: WTne et , Mayo City of McHenry
SPEEDWAY LLC:
0
Name: Gregory S. Whitman VP —Western Ops
1st Midwest Bank 13455 & Fuhler
Properties:
0
Name:
Its:
17
Attest:
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
CITY OF MCHENRY, an Illinois municipal corporation
By:
City Clerk Its: Wayne Jett, Mayor Clty of McHenry
SPEEDWAY LLC:
Name:_GreaoryS. Whitman VP -Western Oos
17
1st Midw t Bank 4455 & Fuhler
Prope 'e
By: - v
r
Name: JLL u.,;
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION, WHICH IS 907.5 FEET SOUTH
OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4, AND RUNNING THENCE WEST AT RIGHT
ANGLES WITH THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 452 FEET; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 626.88 FEET TO
A POINT ON THE NORTHEASTERLY LINE OF THE STATE HIGHWAY KNOWN AS RT. NO. 120; THENCE
IN A SOUTHEASTERLY DIRECTION ALONG THE NORTHEASTERLY LINE OF SAID HIGHWAY FOR A
DISTANCE OF 531.3 FEET TO THE EASTERLY LINE OF SAID NORTHWEST 1/4; THENCE NORTH
ALONG SAID EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 904.95 FEET TO THE POINT OF
BEGINNING (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT
OF INTERSECTION OF THE EAST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 28 WITH
THE NORTHERLY LINE OF FA ROUTE 21(ILLINOIS ROUTE 120), SAID NORTHERLY LINE OF FA ROUTE
21 BEING A LINE DRAWN CONCENTRIC WITH AND 30.0 FEET RADIALLY DISTANT NORTHEASTERLY
OF THE CENTERLINE OF FA ROUTE 21; THENCE NORTHWESTERLY ALONG THE LAST DESCRIBED
NORTHERLY LINE OF FA ROUTE 21 FOR AN ARC LENGTH OF 531.3 FEET TO THE POINT OF
INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE SAID EAST LINE OF THE NORTHWEST
QUARTER OF SECTION 28; THENCE NORTHERLY ALONG THE LAST DESCRIBED PARALLEL LINE FOR
A DISTANCE OF 37.00 FEET TO A POINT ON A LINE DRAWN CONCENTRIC WITH AND 60.0 FEET
RADIALLY DISTANT NORTHEASTERLY OF THE CENTERLINE OF FA ROUTE 21; THENCE
SOUTHEASTERLY ALONG THE LAST DESCRIBED CONCENTRIC LINE FOR AN ARC LENGTH OF 532.32
FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE
SOUTHERLY ALONG THE LAST DESCRIBED EAST LINE FOR A DISTANCE OF 33.96 FEET TO THE
POINT OF BEGINNING), ALSO EXCEPTING THAT PART OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 28, THENCE ON AN
ASSUMED BEARING OF SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WESTALONG THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED, A DISTANCE OF
907.80 FEET (907.5 FEET, RECORDED) TO THE NORTHEAST CORNER OF THE GRANTOR; THENCE
CONTINUING SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WEST ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID 2
SECTION 28 AS STAKED AND OCCUPIED, A DISTANCE OF 814.79 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WEST ALONG
0
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED,
A DISTANCE OF 55.39 FEET TO THE NORTHEAST CORNER OF FINAL JUDGEMENT ORDER NUMBER
72-2779 FILED NOVEMBER 6, 1973 BEING ALSO THE EASTERLY EXTENSION OF THE NORTHERLY
RIGHT OF WAY LINE OF ILLINOIS ROUTE 120; THENCE NORTHWESTERLY 73.38 FEET ALONG THE
SAID EASTERLY EXTENSION OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 AND
ALONG THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 ON A CURVE TO THE RIGHT,
HAVING A RADIUS 3759.80 FEET, THE CHORD OF SAID CURVE BEARS NORTH 60 DEGREES 58
MINUTES 05 SECONDS WEST, 73.38 FEET; THENCE NORTH 59 DEGREES 57 MINUTES 29 SECONDS
EAST, A DISTANCE OF 40.16 FEET TO A POINT 30.00 FEET NORMALLY DISTANT WEST OF THE EAST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED, BEING
ALSO THE WEST RIGHT OF WAY LINE OF RINGWOOD ROAD; THENCE SOUTH 89 DEGREES 22
MINUTES 31 SECONDS EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, ALL IN
MCHENRY COUNTY, ILLINOIS.
PIN (Property Identification Number) of subject property: 09-28-126-028
19
&'Zll ma �z
EXHIBIT B
SITE PLAN
20
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
VAVBBR SOCrX=
O
�v::a
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
EXHIBIT C
BOOSTER PUMP PLAT OF EASEMENT
21
EASEMENT EXHIBIT
BOOSTER P STA,IM EAROADNT DERGTRTNIN
THAT PART O THE EAST HALP W TIE NCRTHNEST WARTER W SE"M 26. TONNSHIP 45 NORTH. RANG: 6, EAST W
TIE TAM PNNOPAL MENGAN, O BEII AS PGLONS BEGNNING AT THE NTERSECTRI O THE NWNEASTEIRY UNE
a IWNGS RWTE 120 PER n— —ENTGipER F2-2T29 AND A UNE 452 TEET NEST d AND P—L TO TIE
EAST UNE O SNO—THNEST WART . THENCE N T1 W DEGREES 52 MINUTES W SECONDS EAST ALONG SAID
PARAIE UNE, W.W FEET; THENCE 5WTH 69 —EES 22 MINUTES 52 SEWNOS EAST, 211W 'EET; THENCE SWTH 00
DECREES 57 MINUTES W SECONDS NEST. 54.41 FEET TD A -NT G SAID NWTHEASTERLY UNE Y WNOS RWTE 120;
THENCE N—NESTERLY 24.65 FEET ALONG SAID NpiTAEASTERLY LINE ALSO BEING A CURW TO THE RIGiT HAMNG A
RAOUS OE 3759.W FEET (p M BEARS NORTH 56 OEGiFES 259 MINUTES W SECONDS HEST, 2w65 FEET) TO THE PONT
O BEGNNING, IN MEN—CWNTY, IWNOS.
w
1. PEWANENT INDEX NUMBER (P.I.N. n: W-26-126-026
2 EASEMENT AREA: 1.— SWARE FEET
1 BASS O BEARNGS IS ME NMTH BASED ON WNOS STATE PLANE C—NATE SYSTEM. WNOS EAST
1201 ZONE.
A ANY OSCHEPANOES TWNO OTNIN THIS DOWMENT NEED TO BE RFPOiTEO TO THE SURVEYOR AS SOO!
AS POSSIBLE.
SITE
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
EXHIBIT D
BERM PLAT OF EASEMENT
22
yY
e¢
a�
Ga
SITE
EASEMENT EXHIBIT
NAT PART
M lE EAST W
MAT MIND
p' ME EAST NAN. Of TIE N AS FOi WMIET SECTW 28, TOWNSHIP ON N NASTN, K 0' 8, EAST 6
ME M ' SAIEI SE MEIINIIM, OE IS SOU AS DEMEE: 7 MIM.IOMG AT A ONDET W ME EAST LINE OE ME HWMMEST
WMTEN OF X SECTW, NNIW IS S -NEST Q W DEWEES B) YIRM DB SECOMOS NEST, S 52 FEET PROM ME
N T T A C NT O OF E TUK0'QUARTER: MENCE MORENM 89 O DO DI 22 MINUTES MI 52 S WDS NEST, DF00
FEET TO A POINT W ME NEST LINE O E POND ROAD: MINCE SOUM DO TMUMIO OT MINUTES !b SECWOS NEST
ALWC SAID NEST LONG
AD FEET TO ME PANT OP BENCE NO: MENCE EGREIE 22 SWM W OELAEES ]) MINUTES OB
SECONDS NEST ALONG SAD NEST LINE 2 ME FEET: OF AN PAR 89 TO ME
21 MINUTES 52 SECWDS PEST, 412.00
FEET TO A PANT W ALINE MAT IS ES1 FEET NEST E AND PMASAID TO ME EAST LINE 0 SAID NWMNEST p1MTEN,
MERLE NORM W DECREES OT MINUTES 08 SECONDS EAST ALONG SAID 8EQNN L LINE 14O.W FEET: TNENCE SC1M B9
DECREES 12 MINUTES 32 SECONDS EAST, 422.00 FEET TO ME PANT OF BECNNINF M YWENRY COUNTY, Il1Npi
NO E4
1. PERMNIENT INDEN NUMBER (PAN. /): 09-28-128-028
2. EASEMENT MEA: 59.080 SWARE FEET
1 8 SIS OF BEMINGS IS ME NORM BASED W WNOS STATE PLANE COORONATE SYSTEM. IWNOIS EAST
1.1 ONE.
♦ MY OS ANOES FWND WMIN MIS DOCUMENT NEED TO EE REPORTED TO ME SURYEYW AS SOW
AS POSSIBLE.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
EXHIBIT E
SIGN PLAN
23
I :-1 :--I 0
0 1 :.-1 :-1 f
5' -7 7/6 I'
DEF AT A LANES
CLEARA E 16' 6' T
2-LANE CFL ENTRANCE SIDE cNm'MNavxeu
CANOPY FASCIA WITH 'SPEEDWAY CHANNEL LETTERS AND -SPEEDY CAFE' DETAIL ELEVATION "C8" & -C9' & -CIO-
I' 5' -7 7/8'
n!N
EXIT THIS FIDE ONLY mwwwww
2-1-ANE CFL EXIT SIDE °ae'v"11pN °11pm O1
avr Mm a vxus
CANOPY FASCIA WITH 'SPEEDWAY CHANNEL LETTERS AND "SPEEDY CAFE' DETAIL ELEVATION 'C5' & "18" & °C7"
�
I
Fc,
r� F
CANOPY FASCIA WITH 'SPEEDWAY CHANNEL LETTERS AND 'SPEEDY CAFE' DETAIL ELEVATION 'C2'
Scar: 1/1' - 1'_"
,ss �
,. • ' � :. �o uuww,Ro aw+xel E.rEns �
ec Mnr r Mo xen.ryu� m
�m n nMet io �nrum r�cp.
CANOPY FASCIA WITH 'SPEEDWAY CHANNEETTERS ELEVATION 'Cl"
L
a sa rs m1at xo a aE a�nrs hnrt.
xMM x.Mc w.w ®m
-0'L
mrx 7n1 MEr." al ID
READER BOARD ELEVATION "AY
scar, 1/1'
L
M1
I rr
�
EE L.
CANOPY FASCIA WTH 'SPEEDWAY' CHANNEL LETTERS ELEVATION 'C4'
"SPEEDY CAFE" SIGN ELEVATION "A2"
tTM' f' Y 5
r Yr "SPEEDY CAFE" SIGN ELEVATION "A1"
CANOPY FASCIA WITH "SPEEDWAY CHANNEL LETTERS AND "SPEEDY CAFE" DETAIL ELEVATION 'C3' v,r: VI'
SGLE 1/1'.I'-p'
+atrn m E�LY9aR a"MN¢ ra raao"na xT.us
scxc 1/r = r-a• - -
IC. MP
M RR N �R WMa F. rW1aM1XN �EfxlS
MONUMENT SIGN "D2" T-8 1/2" X 12'-iL
scar: 1/v = r-a'
000997- SS-11
Rental Housing Support Program (RHSP)
State Surcharge Exemption Declaration
Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support
Program State surcharge for the recordation of any real estate -related document unless the entity
recording the document is any State agency, any unit of local government or any school district.
El By checking this box and affixing my signature below, I hereby claim that the entity recording
this document is a State agency, a unit of local government or a school district and thus claiming
to be exempt from the Rental Housing Support Program State surcharge.
Name of State agency, unit of loca government or school
of person presenting this
of person presenting this declaration
RHSP Exemption Declaration Form 20170327-1.docx
this document (Please Print)
G
Date