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HomeMy WebLinkAboutOrdinances - 23-12 - 03/06/2023 - Encroachment Agreemen 1401 Riverside CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 23-12 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVOCABLE RIGHT OF WAY ENCROACHMENT AGREEMENT BETWEEN THE CITY OF MCHENRYAND RIVERSIDE I LLC FOR THE PROPERTY LOCATED AT 1401 RIVERSIDE DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 6, 2023 Published in pamphlet form by authority of the Mayor and City Council of the City , of McHenry, McHenry County, Illinois this 7th day of March 2023 ORDINANCE NO. 23-12 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVOCABLE RIGHT OF WAY ENCROACHMENT AGREEMENT BETWEEN THE CITY OF MCHENRYAND RIVERSIDE I LLC FOR THE PROPERTY LOCATED AT 1401 RIVERSIDE DRIVE,IN THE CITY OF MCHENRY, MCHENRY COUNTY,ILLINOIS WHEREAS,the City of McHenry, 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The revocable right of way encroachment agreement,bearing the date of March 6t''2023 between the City of McHenry,a Municipal Corporation in the State of Illinois,record owner,and Riverside I LLC designated lessee be and the same is hereby approved.A complete and accurate copy of said lease ageement is attached to this ordinance and is 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 lease 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 SECTION 3: All ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 and approved this 6th day of March 2023. Aves Nays Absent Abstain Alderman Devine x Alderman Glab X Alderman Harding X Alderman McClatchey X Alderwoman Miller x Alderman Santi X Alde an S rac X /r ��. R . ,e,o„z� Wayne Jett, Mayor Monte Johnson, eputy City Clerk This Revocable Right -of -Way Encroachment License Agreement ("Agreement') is entered into between the City of McHenry ("City") and Riverside I, LLC 1401 Riverside Drive McHenry, IL 60050, owner(s) of the real property described herein ("Licensee"). The City and Licensee are together hereinafter referred to as "Parties" and individually as "Party". A. WHEREAS, Licensee owns the following real property within the corporate limits of the City of McHenry ("Licensee's Property") described as: Address: 1401 Riverside Drive McHenry, IL 60050 PIN(s): 09-26-431-011 Legal Description: eham 1: Part of Lots 11 and 12 In Block 16 of the Original Plot of the Village of Ydlsry an the West Side of the Fox River. a Subdivision of part of the Southeast Quarter of Section 26. Townhip 45 North, Raps 6. East of the Third Prht*d Wridat. awarding to the Plat thereof recorded In the Reowder's Ofros of Yaltenry Count% nlInok In Book 'B'of Deeds, page 160, being desabed as fallowst Beginning at the Southeast comer of sold Lot 12; thence North 67 degrees 03 minutes 06 seconds tllsat dap the Southerly live of said Lots 11 and 12, a distance of 172.41 het to the Easterlyr Hm of the kwxb desabed in m Doaent No. 2014RW28143: thence North 22 degrees 55 minutes 44 seconds East along sold Easterly line, 51.00 feet: thence South 67 degrees 03 minutes 06 seconds East parallel with said Southerly line of Lots 11 and 12, a distance of 172.49 feet to the Easterly line of Lot 12; thence South 23 degrees 01 minutes 23 seconds West along sold Easterly Ibm 51.00 feet to the Pbcs of Bsginln% in YcHwwy County. INinois. B. WHEREAS, Licensee desires to install the improvements described in paragraph 2 below within City right-of-way located adjacent to Licensee's Property ("City Right -of -Way'); and C. WHEREAS, the City herein agrees to allow such improvements to be located within City Right -of -Way as provided herein NOW THEREFORE, in consideration of the premises and mutual promises contained herein, the Parties hereto agree and acknowledge that: 1. Recitals Incorporated. The foregoing Recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set herein. 2. License. To the extent of its authority, and subject to the terms, conditions, and limitations set forth herein, the City grants to Licensee, for the benefit of Licensee's Property, a nonexclusive revocable license for Licensee to locate the following improvements ("Improvements") within the City Right -of -Way: 6x6 posts carrying an overhang with railings between posts, encroachment of -2'4" on east side of building along Riverside Dr and -1' along pearl street. At no point shall the remaining public sidewalk be less than 4' in width as depicted in exhibit "A" ("Improvements") 3. Limitations. 3.1 The rights granted to Licensee herein do not abrogate or nullify the City's rights and interests in and to City Right -of -Way. Further, the license granted herein is subject to any rights of third parties in the City Right -of -Way and the City makes no warranty regarding Licensee's right to use said City Right -of -Way, except as regards to the rights the City retains therein 3.2 The license granted herein shall not be construed as a waiver of the requirements of the City of McHenry's Municipal Code, as amended from time to time, including but not limited to the City Zoning Code, subdivision regulations, and building codes. 3.3 The City shall not be liable to Licensee or any third party for any damage to real or personal property or personal injury that may result from or arise out of the construction, repair, maintenance, or use of the Improvements by licensee. 3.4 Licensee shall be subject to all the risks and liabilities associated with encroaching on City property, including but not limited to the risk that the City may remove all or a portion of the Improvements without prior notice to Licensee. Licensee shall be solely responsible for the City's cost to remove the Improvements to gain access to City's right-of-way for any purpose. 3.5 The City shall not be responsible for any costs incurred by Licensee to repair or replace the Improvements if they are damaged or destroyed by the City, or City's subcontractors, employees, or agents in accessing or otherwise using City Right -of -Way on which the Improvements are located. 3.6 Licensee accepts the City Right -of -Way AS -IS in its present condition. 4. Defense Indemnification and Hold Harmless. Licensee shall defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against all losses, liability, claims, demands, and causes of action, including but not limited to loss, injury, death, or damage to person or property, arising out of or related to the Improvements constructed or maintained in the City Right -of -Way by licensee. 5. Termination. This Agreement and the license contained herein may be terminated by either Party for any reason, or no reason at all, upon not less than thirty (30) days' written notice to the other Party. Upon termination of this Agreement, Licensee shall cause the removal of the Improvements from the City Right -of -Way and shall return the City Right -of -Way to good condition. If Licensee fails to remove the Improvements and restore City Right -of -Way within thirty (30) days of termination, the City shall have the right to remove the Improvements from the City Right -of -Way and dispose of them. All costs incurred by the city of said removal and restoration shall be reimburse by Licensee within sixty (60) days of an invoice from the City to licensee sent to Licensee's Property Address on page 1. 6. General Provisions. 6.1 The laws of the State of Illinois shall govern the terms of this Agreement both as to interpretation and performance. Venue for any action arising out of the terms or conditions of this License shall be in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. 6.2 This Agreement shall be filed in the office of the County Recorder of McHenry County. 6.3 The effective date of this Agreement shall be the date on which it is fully executed by both Parties hereto. IN WITNESS WHEREOF, the Parties set their hands as seals as of the date first written above. LICENSEE(S) By: `K-Y" z By: [signature] Riverside I LLC 5215 Old Orchard Road # 325 Skokie, IL 60077 k N[CROLAs K,:jPLCT [print name] State of Illinois County of CGO k [signature] [print name] I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify that K t4tdto[a� 1-cOIY-, and — " appeared before T me this day in person and acknowledged the signature(s) set forth above. Given under my hand and official seal this 3y day of M CLlc�, 20 2,3 -seal- NANCY STANLEY OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires March 29, 2027 wvtAFA�Aj,1\ 1 My Commission Expires: M r-&-i 291 ZcZ� March 6, 2023 EXHIBIT "A" I� NO LE R THE B \1 BE BACK OFF THE CURB TO THE RTHEST PROJECTIC IEW�OIt �Ol1MlR EAST HE BLOC ®GROUNI LEVEL. RIFV IN Fib — A r REVISIONS 10.w <z< U T DATE pEdCRIR m u ADM ,4QSIlf RENEW / VIM FMKRWf )_- $ REVI IW?M DENREVUWMS CANO: N EXISTING TWO STORY - FRAMED STRUCTURE U E s. Iwo AIID TpAI m JOHN IJV ROBERSON, rr ARCHITECT 3 -= D E DEC.9 M22ILLA STREET App4 - , 48.7' ELGIN. IL. 60120 8471930-1705 10.88 JohmmoDasorOWmi- 1 8' Gam, a - -- - ----- ----- ------ - -- ----- TITLE, SITE PLAI P CDI PER CONST rO CONC PER- MIN 4T BELOW GRADE -USE SIMPSON NO LESS THAN 4' GLEARANC BKB ANCHOR BASE WITH 1S COURTHOUSE TAVER ILa BETI EEN BACK OF THE CURB ANCHOR 13OLT PEARL ST AND N. RIVERSIDE DR �J-1 TO THE FURTHEST PROJECTIO! MCIENRV, IL 60050 TO THE SOUTH ® GROUND DATE: OCT 17, 2022 LEVEL VERIFY IN FIELD. _