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HomeMy WebLinkAboutOrdinances - ORD-19-1981 - 09/03/2019 - Harms Farm Annexation AgreementMail To: McHenry City Clerk 333 S Green St McHenry, IL 60050 Prepared By: McHenry City Clerk 333 S Green St McHenry, IL 60050 COVER SHEET Ordinance Number ORD-19-1981 i0 1 1 0 7 c TY:40079832 .I w:, _ t R 09:46:39 AM PAGES: 17 FEE 15WOO ORDING FEE _ : OO An Ordinance Authorizing the Execution of an Annexation Agreement for an Approximately Seven and Half Acre Property Located at 4727 W Crystal Lake Road in McHenry County, Illinois CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1981 An Ordinance Authorizing the Execution of an Annexation Agreement for an Approximately Seven and a Half Acre Property Located at 4727 W Crystal Lake Road in McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois September 3, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4t'' day of September, 20196 ORDINANCE NO. OR1J-19-1981 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY SEVEN AND A HALF ACRE PROPERTY LOCATED AT 4727 W CRYSTAL LAKE ROAD 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 Dennis L. Harms, Theresa M. Harms and Shirley B. Harms, Inc. ("Applicant") is the Developer of the real estate located at 4727 W Crystal Lake 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 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 September 3, 2019 between the City, Record Owner and Applicant be and the same is hereby approved. A complete and accurate copy of said annexation agreement labeled "Harms Farm and Garden Center 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. 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 3ra day of September, 2019. Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer �2f pi 12 . • HI Ao x x Nays Absent Trisha Ramel, Abstain Exhibit "A" Harms Farm and Garden Center Annexation Agreement JFIARI1xS FARM AND GARDEN CENTER ANNE�A.TION AGREEMENT This Agreement made and entered into this day of , 2019, by and between the CITY OF MCIIENRY, an Illinois municipal corporation ( City"), F1RST MIDWEST BANK, as Trustee under the provisions of a trusfi agreement dated the 2Lsr day of October, 1992, known as Trust Number 12742, and DENNIS L. HARMS and THERESA M. HARMS, sole beneficiaries of said Trust, and SHTRLEY B. HARMS, as Trustee of the Shirley B. Hairms Trust, ("Property Owners"). RECITALS A. The Property Owners hold fee simple title to the real estate legally described on Exhibit A, attached hez•eto and made a part of this Agreement by reference, hereinafter referred to as the "Subject Pxopezty or Property." B. The Subject Property is currently Located in wniarzcozpoxated McHenry County and is zoned A4 Agriculture District pursuant to the McHemy County Unified Development Ordinance also referred to as the "McHenry County Zoning Ordinance"}. C. The Property Owners have 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 1LCS 5/7-1 �8, and the ordinances of the City. D. The Subject Property is Located on the southeast side of Crystal Lake Road and north of unimproved Kelter Street, approximately one quarter mile south of the intersection of Front Royal Street and Crystal Lake Road, The Subject Property contains 7.6 acres, more or Less. Its street address is 4725 and 4727 W. Crystal Lake Road, McHenry, Illinois, and the Subject 1 Property is currently being used as a garden center with a farm stand, and as the staging area For Property Owners' landscape, lawn care and snow removal business. It is improved with six buildings, ten quonset style structures and two frame sheds used by Property Owners for the business located thereon. The Subject Property is also improved with the Property Owners' residences and one cell tower with supporting equipment. E. The Subject Property has one elector residing thej. eon, SHim n x B. kIAIt Nt F. The Subject Properly 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 5/741 I et seq. G. The Property Owners desire to annex the Subject Property to the City in accordance with the terms of this Agreement. H. The City has determined that the annexation of the Subject Property in accordance with the I �J 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. The City does not provide library or fire protection sexvices 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. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS S/11� 15.1-1, et secs. 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. 2 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 sha11 enact an ordinance annexing the Subject property. A copy of said ordinance, together with au accurate plat of the Subj ect Property, shall be filed with the County Clerk of McHenry County and recorded wish 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 by the adoption of ordinances by the City immediately following the execution of this Agreement. 2. Zonin,_g_ Imrrrediately following the annexation of the Subject Property, the City shall adopt an ordinance granting a zoning map amendment to A�l Agriculture District. 3. Conditional Use Peirnit and Variances. Immediately following the annexation of the Subject Property, the City shall adopt an ordinance approving a conditional use permit to allow Agritourisin and a landscape, lawn care and snow removal business with outdoor storage existing as of the date hereof with no junk vehicles allowed, on the Subject Property and a variance to allow animals, and a petting zoo during Owners' Halloween activities set forth below in Paragraph 4. E. of this Agreement, burning of yal•d waste, such as twigs and brush. This variance does not permit the burning of leaves. The City agrees to issue variations of the house located on the Subject Property, currently referred to as 4725 W. Crystal Lake Road, McHenry, Illinois for residential purposes, for the use of the house located on the Subject Property 3 commonly referred to as 4727 W. Crystal Lake Road, McHenry, Illinois to be used as a business offzce and residence. 4. Business Activities. The parties acknowledge that the business known as "Harms Farm and Garden Center" ("Harms Fazrn") is located on the Subject Property. Harms Farm includes the fallowing business operations; A, Retail sales of plant, trees, shrubs, fertilizer, firewood, planters and related items; B. Retail sales of food, produce, fruit and related products; C. Agritourism including, but not limited to, train rides, obstacle courses, party rooms, playground villages, jump house, anirrral�petting zoo, maze, games and food sales; D. Refiail sales of Christmas trees, wreaths, grave blankets, or�raments, Christmas plants and related items; E. T�alloween activity event dates from September 24 through October 31S` of each year, including an animal petting zoo; F. Christmas activity event dates from November l S through December 2S of each year; and G. Two (2) signs and four (4} banners may be placed on the Subject Property along Crystal Lake Road, of the same size and type as of the date hereof, with the banners being changed out per season. All of such business uses and activities shall be permitted by the City and shall continue during the time the Subject Property is used for a farm stand and garden center. S. Water and Sewer Service Owners, upon annexation, shall have the right at Owners' election to attach to the water and/or sewer facilities of the City of McHenry. All connections to the water/and or sewer facilities of the City shall be for the connection fees in existence at the time 4 of such connection. It is recognized by the City that the Owners have existing water well systems and sanitary septic system. So long as neither the water well system and sanitary septic system constitutes a safety hazard or becomes inoperable to the extent that neither can be replaced or repaired without requiring total replacement or repair, the Owners shall have the right to continue to use said water well system and sanitary septic system, In the event the Owners connect to the water system of the City, the existing well may be utilized so long as the use of the water produced by said water wells does not conflict with the ordinance of the City or the statutes of the State of Illinois. 6. "As Is" Condition of Subject Property The City agrees to accept the buildings, and other improvements including the single�family residence on the premises and their current uses, in an as is condition so long as the Subject Property is used as a farm stand and garden center or until such time as the uses are discontinued, Owners shall not be required to upgrade or install additional restroom facilities or install or upgrade any of their parking areas, driveways or outdoor storage areas to a hard or impervious surface as long as Subject Property is used for a farm stand and garden center. With the exception of greenhouses 2 and 3 with one (1) three thousand square feet greenhouse and any greenhouse films or polycarbonate to be replaced, as identified on the survey of the Subject Property, attached hereto as Exhibit B, all future additions, repairs or replacements of any pant of the existing buildings or other improvements for which variations have been granted by this Agreement shall be in accordance with the provisions of the ordinances of the City in effect at time of such improvements. Owners shall not be required to install curbs, gutters, storm sewers and/or sidewalks on the Subject Property in question during the term. of this Agreement provided that this provision shall not apply in the event the City proceeds with an overall upgrading of the gutters, storm sewers and/or sidewalks 5 for all of the surrounding properties on W, Crystal Labe Road, 7, Fee Waiver, Because Owners do not propose any additional or new business use of the Subject Property the City agrees to waive all acreage or annexation fees due or payable pursuant to the ordinances of the City, In the event the Subject Property is re -subdivided, acreage fees will be paid in accordance with the City Ordinances at the time of subdivision. No park or school donations shall be required by reason of the annexation of the Subject Property, in the event all or some part of the Subject Property is platted and used for residential purposes, other than what currently exists thereon, such school and park donations shall be paid pursuant to City ordinances, S. Ordinance Chan es Except as othezwvise provided for hexeinbefore, no change of modification of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property, the Conditional Use and Variances granted herein, and the uses permitted herein or by the zoning ordinance of the City of McHenry in effect as of the date of this Agreement as hereinbefore provided. Except as modified by the terms and provisions of this Agreement, the Owners shall comply in all respects with the conditions and requirements of all ordinances of the City applicable against similar property within the City as they may exist from time to time including but not limited to those requiring the issuance of permits or the payment of fees thereof. 9. 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 fiom the date of execution hereof, and any extended time agreed to by amendment to this Agreement. Any and all lawsuits filed by 6 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 22"d 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 fees. 10. 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, I L 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; Attorney: Owner: City of McHenuy 333 S Green Street McHenry, IL 60050 David McArdle Zulcowski, Rogers, Flood and McArdie 50 Virginia Street Crystal Lake, IL 60014 First Midwest Banlc, Trust Number 12742, Shirley B. Plarms Trust, Dennis L. Harms, Theresa M. Harms and Shirley B. Harms, 4727 W. Crystal Lake Road, McHenry, Illinois 60050 7 IRorney: Steven J. Cuda Hamer, Schuh & Cuda 101 Van Buren Street Woodstock, IL 60098 12. Waiver. The failure of the City to insist, in any one or more instances, upon performance of any teirrzs or conditions of this Agreement, shall not be construed as a waiver of future strict pexfoz7xlance of any such term, covenant or condition and the obligations of the Applicant shall continue in full foz•ce and effect. 13. Severabiliiv. If any provision of this Agreement, other than the provisions xelatvng to the requested zoning changes and 1'reliminaly Flat 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 hez'e from and the invalidity thezeof shall not affect any of the other provisions confiained herein. IN WITNESS HEREOF, the paz-ties hereto have executed this Agreement as of tkle date indicated above. ett, Mayor City of McHenzy FIRST MIDWEST BAND, as Trustee under the provisions of a trust agreement dated the 21 st day of October, 1992, known as Trust Number 12742 and not By SHIItLE�' This instrument is executed by FIRST MIDWEST BANK, not personally but solely as Trustee under Trust No. 12742, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisionsI stipulations, covenants and conditions to be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. NO p r personally SIGNER SIGNER MAL b QRMON r sots 25, 26; 27 MA 28 ht JE e1te, }state ►S�UTARYlslon, unit Na. I bebag a SubdlviWou of gmt of Secbu 34 xownsiup 45 Noxth, Stange 8 Bast of tho n td pthzaipal Merldlan, acaolding to the Plat thoyeoi' recorded March 14,1949 as I?QaUlizent Na. 218953, lu Book 1.0 of Plats, page .11.2, In MoHe= County, Zittnols, s c f: 0 px��x oV sICANMY *f441a Y .R to,✓<di tqv iW��.t r ��l"t 4tl �' 4=iN1a�]a�411 IY++Y+) 5W.2.t 1N1 v/Rn1 Uug1 1H. /mH �Y��,t mr( �y�nl a' t n��1 pjlvit NJ n[ ✓C.1,1 rem/, �lwf.vNt:Yl:tMt�e+t�„t�.:v�wK�tutTu-lt-snYrzrl�NiDwnua.,uam>yu. i+L1HTBI.l B dw 9Y rusht % 1 sts CGpbuyyTf NXc^�V�y�1e�, �, MlTj RV�f14�M,q�pf�y��li�d_�yT/l ql`-1 teJavYF tl qt n+: drlu4uo l'a•� f++Wfa'h/'as i'kna'"1 Yon/1 ritl1,{}�rlt4�wLtr ym ul 4oW, ��� � yfga ra'v./tY r trtf STATE OF ILLINOIS ) COUNTY OF MCHENRY ) CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 3`a day of September, 2019, the foregoing Ordinance entitled An Ordinance Authorizing the Execution of an Annexation Agreement for an Approximately Seven and a Half Acre Property Located at 4727 W Crystal Lake Road in McHenry County, Illinois, was July passed by the City Council of the City of McHenry. The pamphlet form of Ordinance Number ORD-19-1981, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, comencing on the 4th mday of September, 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 4t" day PC 2019. Monte Johnson�Deputy City Clerk City of McHenry, McHenry County, Illinois � f4�� 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. 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 local Name of person presenting this declaration Signature of person tuts aeclaratlon RHSP Exemption Declaration Form 20170327-1.docx ur scnool alsn•lct recording this document (Please Print) Date