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HomeMy WebLinkAboutOrdinances - 24-59 - 12/16/2024 - Annexation Agreement - Redwood11 I I I Ii Il i�Fl rll,fi l,�lilfll l llf JOSEPH J. TIRIO - CLERK AND RECORDER MCHENRY COUNTY, IL 2025R0001786. 01/22/2025 02:53:18 PM PAGES: 21 RECORDING .FEE 11.00 Mail to: GIs FEE 43.00 McHenry City Clerk AUTOMATION FEE 8.00 333 S Green St McHenry, IL 60050 miohnson@cityofmchenry.orR Prepared By: McHenry City Clerk 333 S Green St McHenry, IL 60050 COVER SHEET Ordinance 24-59 An Ordinance. Authorizing the Execution of an Annexation Agreement for a 122.47-Acre Property Located at the Southeast Corner of Chapel Hill Road and IL State Route 120, in McHenry County, Illinois Passed December 16, 2024 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 _ CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 24-59 ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 122.477-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CHAPEL HILL ROAD AND IL STATE ROUTE 120, IN MCHENRY COUNTY, ILLINOIS Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 16, 2024 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th Day of December 2024 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 ORDINANCE NO 24-59 -ORDINANCE AUTHORIZING. THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 122.477 ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CHAPEL HILL ROAD AND IL STATE ROUTE 120, IN 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 WHEREAS, Chicago Title Land Trust as trustee under Trust A7704124806 is the. record title . holder. of the real estate. ("Record .Owner") located at.the southeast corner of Chapel Hill Road and IL State Route 120, in McHenry County, Illinois, being more particularly described' on attached "Exhibit A" (the "Property"); 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.000NTY, ILLINOIS AS FOLLOWS: SECTION 1: The Annexation Agreement; bearing the date -of December 16, 2024.between. . the -City of McHenry, a Municipa1,Corporation in the State of Illinois and the Record. Owner be and the- same is hereby approved. A complete' and accurate copy of said annexation agreement labeled "The McHenry Southeast Corner of Route 120/Chapel Hill Road Annexation Agreement Consisting Of 122.477 Acres;' is attached to this ordinance and incorporated herein by reference as "Exhibit B:" 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 3c All Ordinances of 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. SECTIOU5: 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 16th day of December, 2024. Ayes Nays Absent Abstain x Alderwoman Bassi: .. - Alderman Davis x Alderman.Glab x Alderman Koch . x Alderman McClatchey x Alderwornan Miller x AldermarnSanti :.x Mayor Jett x �r Wayne Jett, Mayor Trisha Ramel, City:Clerk McHenry County Recorder JOSEPH J. TRIO # 2025R0001786 The .Property THAT PART OF THE WEST 1631.52 FEET OF THE -WEST 1/2 OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:. BEGINNING AT A POINT OF INTERSECTION OF: THE WEST LINE OF THE WEST 1631.52 FEET OF THE -WEST 1/2 OF SAID SECTION 31 AND THE CENTER LINE OF A PUBLIC HIGHWAY RUNNING IN A NORTHWESTERLY AND SOUTHEASTERLY DIRECTION AND. COMMONLY KNOWN AS :STATE ROUTE 120; THENCE . SOUTHEASTERLY ON THE CENTER LINE OF SAID STATE ROUTE 120 AND BEING ON A CURVE CONVEX NORTHWESTERLY AND HAVING A RADIUS OF 28650 FEET FOR A DISTANCE OF 297.71 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY, ON SAID CENTER LINE AND TANGENT TO THE LAST DESCRIBED CURVE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 10.55 FEET TO A POINT OF CURVE IN SAID CENTER LINE; THENCE SOUTHEASTERLY ON SAID CENTER LINE AND BEING. ON A CURVE, CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 1243.20 FEET FOR A DISTANCE OF 350.53 FEET TO A POINT OF TANGENCY IN SAID CENTER LINE; THENCE SOUTHEASTERLY_ ON SAID CENTER LINE AND TANGENT TO: . THE LAST DESCRIBED CURVE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 378 FEET TO A POINT . WHICH IS 222:23 FEET. NORTHWESTERLY FROM THE. ACIRTHWEST CORNER OF A CERTAINDEED RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, AS DOCUMENT NUMBER 552643; THENCE SOUTHWESTERLY FOR A DISTANCE OF 462.61.FEETTO A POINT ON A LINE DRAWN 433 FEET SOUTHWESTERLY OF AND PARALLEL TO THE CENTERLINE OF. SAID STATE ROUTE 120,_ SAID POINT BEING 235_FEET NORTHWESTERLY FROM A. POINT OF CURVE WHICH IS ON A RADIAL LINE FROM THE POINT OF CURVE IN -THE CENTER LINE .OF SAID HIGHWAY; THENCE SOUTHEASTERLY PARALLEL TO SAID.. CENTER LINE FORA DISTANCE OF 235 F.EETTO A POINT OF CURVE; THENCE SOUTHEASTERLY ON:A CURVE, ; CONVEX SOUTHWESTERLY. AND HAVING A RADIUS OF 5208.38 FEETFOR A DISTANCE OF 31.75 FEETTO A POINT; THENCE SOUTH 34 DEGREES 22 MINUTES 04 SECONDS -WEST FOR A DISTANCE OF 21.82 FET; THENCE SOUTH 58 DEGREES 17 MINUTES 02 SECONDS EAST. FOR A DISTANCE OF 785.97 FEET. TO THE . MOST SOUTHERLY CORNER OF DOCUMENT NUMBER 4.56833 AND THE EAST LINE OF WEST 1631.52 FEET OF THE WEST 1/2 OF SAID SECTION 31; THENCE SOUTH ON THE EAST LINE THEREOF 2833.46 FEET TO A POINT ON THE SOUTH LINE OF PRAIRIE -STREET, EXTENDED WEST, AS SHOWN ON THE PLAT -OF KENTS: ACRES. UNIT NO..2, AS RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS AS DOCUMENT NUMBER 353790; THENCE WEST: ON THE SOUTH LINE. OF SAID PRAIRIE STREET, EXTENDED WEST, FOR A DISTANCE OF 500 FEET TO A POINT; THENCE NORTH 0 DEGREES 44 MINUTES 00 SECONDS EAST 400.00 FEET TO A POINT, THENCE NORTH 89 DEGREES AS MINUTES 00 SECONDS WEST, 1133.93: . FEET TO THE WEST LINE OF SAID SECTION 31 TO A PONT WHICH IS 826.25 FEET, DEED DISTANCE, FROM THE SOUTHWEST CORNER OF SAID SECTION 3.1; THENCE -NORTH ON SAID WEST LINE 3945.07 FEET. TO THE PLACE OF BEGINNING, IN.MCHENRY COUNTY, ILLINOIS; EXCEPTING THEREFROM THOSE TRACTS OF LAND DESCRIBED IN. THE DEEDS RECORDED AS DOCUMENT NUMBERS 688871, 686427, 619486, 552643, 614942 AND 98R00048867; AND EXCEPTING THAT PART OF THE LAND DEDICATED RIGHT OF WAY FOR PUBLIC ROAD PURPOSES:BY j. DEDICATION RECORDED FEBRUARY 3, 1923 AS DOCUMENT NUMBER 57768. McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 "Exhibit B" The McHenrV Southeast Corner Of Route 120/Chapel Hill Road Annexation Agreement Consisting Of 122.477 Acres McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 THE MCHENRY SOUTHEAST CORNER OF ROUTE 120/CHAPEL HILL ROAD ANNEXATION AGREEMENT CONSISTING OF 122.477 ACRES This Agreement made and entered into this 16th day of December, 2024 between Chicago Title Land Trust as trustee under Trust A7704.124806 (hereinafter referred to as "OWNER") and Redwood USA LLC, on behalf of its successors, assigns, nominees; or successors -in -title ("CONTRACT BUYER") and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois (hereinafter referred to as "CITY"). RECITALS A. The OWNER is the record titleholder 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 CONTRACT BUYER is under contract with the OWNER to purchase a portion of the SUBJECT PROPERTY referred to herein as the REDWOOD PARCEL, defined below. C. The OWNER 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. D.. The SUBJECT PROPERTY is located at the southeast corner of North Chapel Hill Road and Route 120 and consists of approximately 122.477 acres. E. The SUBJECT PROPERTY is currently not occupied, has no electors residing thereon, and is zoned agricultural, pursuant to the :McHenry County Zoning Ordinance. There are currently two (2) existing buildings on. the SUBJECT PROPERTY including: a 2-story frame residence, and a shed. F. The SUBJECTPROPERTY consists oftwo (2) contiguous tracts ofland (10-31-301-002 and 10-31-151- 030), which are not within the corporate boundaries of any municipality or -subject to an Annexation Agreement with any other municipality and is. presently contiguous to the corporate boundaries of the CITY: G. The OWNER desires 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 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. I. 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. J: Notice to -the Fire Protection District, Public Libra ry. District or.Township of the annexation of the SUBJECT PROPERTY is not required. K. Prior to the date of this Agreement, all public hearings were held upon proper notice and 5 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 publication as 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 OWNER hereby agree as follows: 1. Annexation. Upon execution of this Agreement, the CITY shall enact an ordinance annexingthe 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 noforce and effectunlessthe SUBJECT PROPERY is zoned and classified as provided in this Agreement by :the adoption of ordinances by the CITY immediately following the adoption of the ordinance authorizing execution of this Agreement. 2. 2onine Classifications. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance classifying approximately 27.52 acres within the SUBJECT PROPERTY, legally described. on the attached Exhibit B (the "REDWOOD PARCEL") as RM-1 Low Density Multi -Family Residential District with a Planned Unit Development conditional use, pursuant to the Title 11 Land Use Regulations, .of the City Code of Ordinances. The. remainder. of the SUBJECT PROPERTY ("REMAINDER PARCEL") shall be classified as E-Estate District. Development of the REDWOOD PARCEL 'shall be in accordance with the terms of this Agreement. Development within the REMAINDER PARCEL shall require Amendment of this Agreement; provided, however, if the amendment affects only the REMAINDER PARCEL then the current owner of the REMAINDER PARCEL shall be able to petition the CITY -for such amendment without the need_ or consent of the CONTRACT BUYER (except the foregoing shall not apply with regard to any changes to Paragraph 11 regarding Reimbursement). The REDWOOD PARCEL will be platted as one subdivision, with each lot being a separate phase of development.. Development plans will show all the phases of the development on the REDWOOD PARCEL in its entirety, complete with phase lines clearly delineating on -site improvements per phase. State.IEPA permits will be processed for each development phase separately. 3. Development of the REDWOOD PARCEL. The REDWOOD PARCEL may be developed as a single -story townhome neighborhood, non -owner occupied, pursuant to the following preliminary plans and specifications (collectively referred to as "Preliminary Development Plans"), provided, however, nothing in this Agreement shall obligate Contract Buyer to commence construction on the REDWOOD PARCEL: a. Redwood Material Sample Board dated 12-6-24; b. Preliminary Plat of Subdivision - Prepared by Cemcon, Ltd., revised on 12-06-2024; C. Preliminary Engineering Plan — Prepared by Cemcon, Ltd., revised on 12-06-2024, d. Preliminary Stormwater Management Analysis and Report — Prepared by Cemcon, Ltd., revised on 08-02-2023, e. Preliminary Landscape Plan — Prepared by CT Consultants, dated 08-17-2023 (No noted revisions) and Redwood Landscape Standards 4.1 dated 5-24-2022; f. Preliminary P.U.D. Plan — Prepared by Cemcon, Ltd., last revised on 08-07-2023; 6 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 g. Report of Soils Exploration — Prepared by Testing Service Corporation, dated on 09-28-2022; h. Tree Inventory Report— Prepared by Urban Forest Management, Inc -and dated 08-30-2023; i. Overall Floor Plan -Prepared by MPG Architects, and dated 10-12-2022* j. Negative Findings Wetland Delineation Report = Prepared.by Midwest Ecological, and dated 10-06- . 2022. Approval of these plans and specifications are subject to receiving final approval of the Planned Unit Development from the City Council and further subject to receiving all required CITY permits. - k. Offsite Construction.Exhibit prepared by Cemcon dated 10-3-202.4; Final Development Plans shall be in substantial conformance with the Preliminary Development Plans. Any future development on the REMAINDER: PARCEL will not allow, nor will the CITY authorize, connectivity through the private drive aisles to be located on the REDWOOD PARCEL. 4: Delay in Construction of the REDWOOD PARCEL Buildings. The CITY is aware new buildings may not be constructed on the. REDWOOD PARCEL for several years and will not revoke the approved conditional use permit because of such delay in construction. 5. Assignability of Development Rights.7he rights acquired by the CONTRACT BUYER by signing this. . Agreement are conditional use permits specific to Redwood USA LLC and .its successors, assigns, nominees, or successors -in -title; provided, however, Redwood USA LLC may assign its rights under this Agreement to a non -affiliate with the prior consent of the CITY COUNCIL, such consent not to. be unreasonably Withheld. 6. _Public Improvements. The CONTRACT BUYER agrees to construct, and, in accordance with the terms and provisions of Paragraph 16 below,.secure with letters of credit to be reviewed and approved at the reasonable discretion of the City of McHenry Director of Public Works, the public improvements identified.in section 3 of this Agreement concurrently with the development of the REDWOOD PARCEL or other. agreed upon timeframe between the CONTRACT BUYER and the.City of McHenry Director of Public Works. Notwithstanding the foregoing, .nothing herein shall be construed to obligate the CONTRACT BUYER to commence development on the REDWOOD PARCEL. 7. Maior and Minor Changes to Plans and Specifications.. Any change' or modification of.the Approved Plans and Specifications (Subsection 3a above) that is determined in the. exclusive discretion of the City Administrator, or his/her designee, to be minor may be approved administratively by the City. Administrator, or his/her designee, without the necessity of amending this Agreement. Examples of minor amendments include, but are not limited to,,. modifications made to access points and connectivity. Major amendments represent substantial deviations from the Approved Plans and Specifications and;may only be approved by the City Council upon amendment of this Agreement. Major amendments shall be determined by the City Admir istrator.in. his/her:exclusive but reasonable discretion and:shall include changes in uses, density, and/or changes in the circulation system and changes.in the following of greater than 10% (in each instance individually): floor space, lot coverage, height,.setbacks,:open space; changes in the location of buildings, plantings, or parking.. 8. Agricultural -Uses. The City agrees that those portions of the -Subject Property currently in an 7 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 agricultural. use may continue to be used for agricultural purposes, including crop farming and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the City. 9..3ree Survey and Preservation Plan. CONTRACT BUYER shall obtain a tree removal.permit prior_to the removal of anytrees on the REDWOOD PARCEL. OWNER shall obtain a tree removal permit prior to the removal of any trees.on the REMAINDER: PARCEL, including.if such tree removal: permit is in connection With any construction to be performed by or on behalf of CONTRACT BUYER on the REMAINDER PARCEL (provided, however, any tree removal by or.on behalf of CONTRACT BUYER on the REMAINDER PARCEL shall be at the cost of CONTRACT BUYER). Anytree removal andreplacement on the SUBJECT PROPERTY shall be in accordance with the CITY's Tree Preservation Ordinance. A tree.survey shall be submitted prior the issuance of a tree removal permit for the SUBJECT PROPERTY. 10. City Cooperation. The CITY agreesto assist and support:in obtaining all necessary approvals and permits from applicable governmental authorities, including, but not limited to, the McHenry County DOT and IDOT. It shall be .solely the CONTRACT BUYER'S obligation to obtain any necessary permits and easements required for.the development of the REDWOOD PARCEL. 11. Utilities. a. The SUBJECT PROPERTY shall be:developedwith municipal sanitary sewer and water. 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 by the CITY on the same basis as it is made available to other developments. The CITY agrees to provide a sales tax exemption certificate for.public-owned improvements. -b. The CITY acknowledges that there is _currently potable water and sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY. The CITY acknowledges a single source watermain connection for the SUBJECT PROPERTY and will make best efforts to complete a second connection as surrounding development provides. 'The CITY acknowledges that no off -site connections or loop Will be required for the development of the REDWOOD PARCEL. The CITY will allow a single sanitary.and water service per building.:. c. All new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the SUBJECT PROPERTY.shall be installed underground. d. OWNER, or CONTRACT BUYER, as applicable, will work with the CITY and its franchisees for dry utility routes; however;. OWNER, or CONTRACT BUYER; as applicable, reserves the right to have all public utilities direct buried on the roadway side of building(s), in common trenches. 12. Reimbursement Provision. In connection With development of the REDWOOD PARCEL, the CITY and CONTRACT BUYER have,agreed that CONTRACT BUYER would construct the following off -site improvements in accordance with the preliminary plans, which benefit not .only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service areas for such improvements: 10" PVC sanitary sewer; 12" PVC watermain to provide fireflows for future development ("Sewer and Water Improvements") and, a 34' B-B residential collector road and right-of-way from IL Route 120 to the Redwood Parcel.("Road Improvements"). In the event CONTRACT BUYER makes the Sewer and Water Improvements and/or the Road Improvements, .8 McHenry County Recorder JOSEPH J. TRIO # 2025R0001786 the CITY agrees to work with CONTRACT BUYER to draft and sign a reimbursement/recapture agreement and the following provisions shall apply and be included, among other provisions, in such agreement:. a. The properties which may reasonably:be expected to benefit directly or indirectly from the construction and installation of such Sewer and Water Improvements and/or Road Improvements, have been determined by the CITY's Consulting Engineer and include PIN # 10-31-151-030 and 10-21-301-002 encompassing approximately 121.63 acres. ("Benefitted Property"). b. The CITY shall endeavor to collect a pro rata sum of money from the owners of the Benefited Property (but excluding any owner(s) of the REDWOOD PARCEL) upon connection to the Sewer and Water Improvements and/or Road Improvements. The total sum subject to reimbursement to the CONTRACT BUYER, as well as the pro rata sum to be collected from the Benefited Property owners shall be determined by the CITY's Consulting Engineer taking into account the following factors: construction and easement costs; professional fees; testing and analysis fees; and legal and administrative expenses. c. Subject to a non-appealable.final court order directing CITY to act otherwise, the CITY shall not issue any connection permits to the Benefitted Property Owner(s) until the Benefited Property owner pays the reimbursement charge set forth in this paragraph. d. The CITY will use its best effort to collect the cost provided herein from the Benefited Property owners but shall not be liable to OWNER or CONTRACT BUYER, as applicable, if the CITY is, for any reason, unable to collect said cost. The CITY's liabilityto reimburse OWNER orCONTRACT BUYER, as applicable, shall be limited to payment from funds actually collected from Benefited Property owners. The CITY will endeavor to reimburse CONTRACT BUYER in accordance with the terms to be set forth in the Reimbursement/Recapture Agreement. e. The CITY and CONTRACT BUYER reserve the right to, at any time during the term of this Annexation Agreement, file the Reimbursement/Recapture Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. f. This reimbursement provision shall have a commencement date when the CITY Engineer issues a letter indicating substantial completion of the public improvements which are the subject of the Reimbursement/Recapture Agreement and full execution of a written Reimbursement/Recapture Agreement between the CONTRACT BUYER and the CITY. g. In : the event OWNER develops the REMAINDER PARCEL, and in the course of such development, the CITY requires that OWNER construct certain improvements which benefit not only the REMAINDER PARCEL but additional properties, then the CITY agrees to work with OWNER on a reimbursement/recapture agreement; provided, however, no such reimbursement/recapture agreement will Q) be binding on the REDWOOD PARCEL or require contribution/payment by CONTRACT BUYER, or (ii) modify OWNERS's reimbursement obligations pursuant to any reimbursement/recapture agreement by the CITY and CONTRACT BUYER with regard to improvements constructed by CONTRACT BUYER. h. The CITY and CONTRACT BUYER agree the pro rata sum reimbursable costs associated with McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 the design and construction of the Road Improvements shall be distributed based on gross land area. The CONTRACT BUYER shall be responsible for: 22.5% of the costs associated with the design and construction of public Right -of -Way._ The CONTRACT BUYER shall be eligible for reimbursement from the Benefited Property owners for 77.5% of the costs associated with the design and construction of public Right -of -Way. . i. The CITY -and CONTRACT BUYER agree that the reimbursable costs associated with the design,: construction, and extension of Sewer and Water. Improvements shall be based on the lineal footage of lot frontage. The reimbursable amount to the CONTRACT BUYER for the Sewer and Water Improvements will be formally stipulated in.the recapture agreement. j. The reimbursement/recapture agreement shall terminate 20 years after the datethe CITY approves the recapture agreement. . k. The reimbursement/recapture agreementshall include an interest rate of 3% annually. 13: Model Homes. A building permit for the buildings containing a model home may be :obtained upon (i) the placement of stone access road along the anticipated frontage of such .building, and (ii) the availability of a potable water supply to such building. Such potable water supply may be provided by water truck or other temporary water facility. Certificates of occupancy. for buildings constructed -pursuant to this Section 12 shall not be issued prior tothe availability of a public water to such building. 14. Fees. The CONTRACT BUYER and the CITY hereby agree that, through December 31, 2030, the CONTRACT BUYER shall only be obligated to pay tothe CITY the. fees as enumerated -on EXHIBIT C attached hereto and incorporated by this reference and such fees may pre -paid at any time with the following exception. a. The CONTRACT -BUYER has represented that the proposed 177 dwelling units will have an average daily'water use of 24,603 gallon per day. The Water and Sewer Capital Development Fees in EXHIBIT ,C have been reduced based on the representation made by the CONTRACT :BUYER. If during the term of this agreement, the actual water use is determined by the.City.Administrator to increase by more than 5% from 24,603 gallons per day, the Property Owner shall pay the CITY an increased Water and Sewer Capital Development Fee based on the.following formula:. Revised Fee = (Actual Water Use/24,603) x EXHIBIT C fee. The average daily water use shall be based on a 12-month rolling average. The CITY will have the right to add the increased fee to the bi- monthly water bill and Will reserve the right to shut off water service for non=payment. 15. Expenses incurred..The CONTRACT BUYER shall .also be responsible for any and -all reasonable engineering review service(s) ' fees and expenses incurred by the CITY for the .review of the development of the REDWOOD PARCEL and associated. public improvements identified herein this Agreement. 16.Security. If and only to the extent that the CITY requires security for the public improvements to be constructed, OWNER or CONTRACT BUYER, as applicable, will be required to file with the CITY only one (1) letter of credit for the public improvements only based upon the EOPCC for each phase of :.development, plus twenty five percent (25.%). The form, substance and issuer of all letters of credit are subject to City Attorney reasonable review and approval. The CITY shall allow subdivision plat recording and preconstruction meetings prior to filing of the letter of credit but such letter of credit shall be filed prior to authorization of construction. If OWNER. or'CONTRACT BUYER, as applicable, 10 McHenry County Recorder J08EPH J. TRIO # 2025R0001786 desires to phase construction, only security for the .phase currently under construction will be required. The CITY agrees to proceed with acceptance upon completion of public improvements for each phase and to process a final letter of credit reduction for the current constructed phase -in a timely manner.. Prior to.final release of the letter of credit, OWNER or CONTRACT BUYER, as ..applicable, shall file (or cause to be filed) a guarantee of twenty percent.(20%) in the form of a letter of creditor bond for a period of one (1) year after initial acceptance. For purposes of clarification, each of OWNER or CONTRACT BUYER, as applicable, are solely responsible for the costs of any such security: . as to its parcel, only. 17. 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 ofthe CITY and successor municipalitiesfora period of20years from the date of execution hereof, and,any extended time. agreed to by amendment to this Agreement. 18. 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 directly affected by the requested amendment without consent. required by other record :owners of the SUBJECT PROPERTY; provided, however, no amendments may be made with regarding to Paragraph 11, Reimbursement Provisions, without the prior consent of CONTRACT BUYER -or the then -.owner of the REDWOOD PARCEL. 19. Notice and Default. Before any failure of any party to this Agreement to perform its obligations. underthis 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.natureef said default, and 30 days shall elapse from.the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail_or, by a nationally recognized. overnight delivery courier, addressed as follows: CITY Suzanne Ostrovsky, City Administrator City of McHenry 333 S. Green Street McHenry, IL 60050 OWNER .'Chicago Title Land Trust T/U/T A7704124806, an Illinois land Trust 10 S. LaSalle Street, Suite.2750 Chicago, Illinois 60603 ATTORNEY FOR OWNER.. Mark S. Saladin Zanck, Coen, Wright & Saladin P.C. 40 Brink St: 11 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 - - . Crystal Lake, IL 60014 msaladin@zcwlaw.com CONTRACT BUYER Redwood USA LLC, or_its successors and assigns 7007 East Pleasant Valley Road Independence, Ohio 44131 Attn: Legal Department 20. Oblieations. All 'obligations of the OWNERS and CONTRACT BUYER in this Agreement,. including monetary obligations.in existence 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. The OWNERS and CONTRACT BUYER hereby consent- to the filing of a lien on the. REDWOOD PARCEL or REMAINDER PARCEL, as applicable; or parts thereof for which monetary obligations are owed or uncured When any monetary obligations are more than 90 days overdue after receipt of written: notice from the CITY. Notwithstanding the foregoing, nothing herein shall require or obligate CONTRACT BUYER to acquire fee title to the.REDWOOD PARCEL or to commence. construction on the REDWOOD PARCEL as.contemplated herein. In the event CONTRACT BUYER does not.acquire fee title to.the REDWOOD PARCEL, then CONTRACT BUYER.shall have no obligations pursuant to this Agreement. 21. 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 judgment, or other court procedure, exclusively in the 22"d Judicial Circuit Court, McHenry County.11linois. 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. 22. Waiver. The failure of the CITY, OWNER, or CONTRACT BUYER 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 OWNER, CONTRACT BUYER, or CITY shall continue in full force and effect. 23. Agreement not to Disconnect. 'During the term of this Agreement, the OWNER agrees. not to disconnect any part of the SUBJECT PROPERTY from the CITY and waives its rights to do so under the Illinois Municipal Code, 65:ILCS 5/773-1, et. seq.,-or under any other law. 24. 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 here from and the invalidity thereof shall not affect any of the other provisions contained herein. . 12 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER CITY CHICAGO TITLE LAND TRUST CITY OF MCHENRY T/U/T A7704124806, an Illinois land Trust By:- 'i By: Its or Ylfs: -- -- - - - __ CONTRACT BUYER REDWOOD USA LLC its:_ 13 McHenry County Recorder JOSEPH J. TRIO # 2025R0001786 Exhibit A Legal Description of the SUBJECT PROPERTY THAT -PART OF THE WEST.1631.52 FEET OF THE WEST 1/2.OF SECTION 31, TOWNSHIP 45 NORTH, RANG_ E 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF THE WEST 1631.52 FEET OF THEWEST 1/2 OF SAID SECTION 31 AND THE CENTER LINE OF A PUBLIC HIGHWAY RUNNING IN A NORTHWESTERLY AND SOUTHEASTERLY DIRECTION AND COMMONLY KNOWN AS:STATE ROUTE 120; THENCE SOUTHEASTERLY ON THE CENTER LINE OF SAID -STATE ROUTE 120 AND: BEING ON A CURVE CONVEX NORTHWESTERLY AND. HAVING A RADIUS OF 28650 FEET FOR A DISTANCE OF 297.31 FEET TO A POINT. OF TANGENCY; THENCE SOUTHEASTERLY ON SAID CENTER LINE AND:TANGENTTO THE LAST DESCRIBED CURVE, AT THE. LAST DESCRIBED. -POINT, FOR A DISTANCE OF 10.55 FEET TO 'A POINT OF CURVE IN SAID CENTER LINE; THENCE SOUTHEASTERLY ON SAID CENTER LINE AND BEING ON A CURVE, CONVEX NORTHEASTERLY AND HAVING A. RADIUS OF 1243:20 FEET.FOR A DISTANCE OF 350.53 FEETTO A POINT OF TANGENCY IN SAID CENTER LINE; THENCE SOUTHEASTERLY ON SAID CENTER LINE AND TANGENT TO THE LAST DESCRIBED CURVE,, AT THE LAST DESCRIBED POINT, FOR A -DISTANCE OF 378 FEET.TO A POINT WHICH IS 222.23 FEET NORTHWESTERLY. FROM THE NORTHWEST CORNER OF A CERTAIN DEED RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, AS DOCUMENT NUMBER 552643; THENCE SOUTHWESTERLY FOR A DISTANCE OF 462.61 FEET TO A POINT ON A LINE DRAWN 433 FEET SOUTHWESTERLY OF -AND PARALLEL TO THE CENTERLINE OF SAID STATE ROUTE 120, SAID POINT BEING 235 FEET NORTHWESTERLY FROM A POINT OF CURVE WHICH IS . ON A RADIAL LINE FROM. THE POINT OF CURVE IN THE CENTER :LINE OF SAID HIGHWAY; THENCE SOUTHEASTERLY PARALLEL TO SAID:CENTER LINE FOR A DISTANCE OF 235 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE, .CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 5208.38 FEET, FOR A DISTANCE OF 31.75 FEET TO A POINT; THENCE SOUTH 34-DEGREES 22 MINUTES 04 SECONDS WEST FOR A DISTANCE OF 21.82 FET; THENCE SOUTH 58 DEGREES 11 MINUTES 02SECONDS EAST FOR A DISTANCE OF 785.97 FEET TO THE MOST SOUTHERLY CORNER OF DOCUMENT NUMBER 456833 AND THE EAST LINE OF WEST 1631.52 FEET OF THE WEST 1/2 OF SAID SECTION 31; THENCE SOUTH ON THE EAST LINE THEREOF 2833.46 FEET TO A POINT ON THE SOUTH LINE OF PRAIRIE STREET, EXTENDED WEST, AS SHOWN ON THE PLAT.OF KENTS_ACRES UNIT NO. 2,. AS RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS AS DOCUMENT NUMBER 3S3790; THENCE WEST ON THE SOUTH LINE OF SAID PRAIRIE STREET, EXTENDED WEST, FOR A DISTANCE OF 500:FEET TO A.POINT; THENCE NORTH 0 DEGREES 44 MINUTES 00 SECONDS EAST 400.00 FEET TO A POINT;THENCE NORTH 89 DEGREES 15 MINUTES 00 SECONDS WEST, 1133.93 FEET TO THE WEST LINE OF SAID SECTION 31 TO A PONT WHICH IS 826.25 FEET, DEED DISTANCE, FROM THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH ON SAID WEST LINE 3945.07 FEET . TO THEPLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS; EXCEPTING THEREFROM THOSE TRACTS OF LAND DESCRIBED IN THE DEEDS RECORDED AS DOCUMENT NUMBERS 688871, 686427, 619486, 552648, 614942 AND 981100048867; AND EXCEPTING THAT PART OF THE LAND DEDICATED RIGHT OF WAY FOR PUBLIC ROAD PURPOSES BY DEDICATION RECORDED FEBRUARY 3, 1923 AS DOCUMENT NUMBER 57768. 14 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 Exhibit B Legal Description of the Redwood:Parcel THAT PART OF THE .WEST HALF OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING.ATTHE WESTQUARTER CORNER OF SAID SECTION 31; THENCE NORTH 00 DEGREES 19 MINUTES 07 SECONDS EAST, 1513.37.FEET ALONG THE WEST LINE OF.THE NORTHWEST QUARTER OF SAID SECTION 31 TO THE EASTERLY RIGHT OF_WAY LINE OF CHAPEL HILL ROAD PER DOCUMENT 2023110010847; THENCE NORTHEASTERLY, 155.24. FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1100.00 FEET AND A CHORD BEARING NORTH.24 DEGREES 38 MINUTES 35 SECONDS. EAST; THENCE SOUTH 89 DEGREES 55 MINUTES.04 SECONDS EAST, 97.59 FEET; THENCE EASTERLY 13.50 FEET ALONG A CURVE TO THE SOUTH, HAVING A RADIUS OF 183.00 FEET AND A CHORD BEARING SOUTH 87 DEGREES 48 MINUTES 13 SECONDS EAST; THENCESOUTH 32 DEGREES 39.MINUTES 45 SECONDS EAST, 67,60 FEET; THENCE SOUTH 38 DEGREES 05 MINUTES 12 SECONDS'EAST, 572.82 FEET; THENCE SOUTH 67 DEGREES 25 MINUTES 04 SECONDS EAST, 312.32 FEET; THENCE SOUTH, 00 DEGREES 13 MINUTES 40 SECONDS EAST; 1077.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 23 SECONDS WEST, 865.32 FEETTO THE WEST`LINE OFTHE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE NORTH 00 DEGREES 05 MINUTES 37 SECONDS EAST; 409.59 FEETALONG SAID WEST LINE.TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, JLLINOIS.. 15 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 - Exhibit C Fees SINGLE FAMILY ATTACHED (Townhouses, duplexes, etc.) PLMB. INS. FEE WATER CONN. WATER CAP. DEV. SEWER CONN. SEWER CAP. DEV. TOTAL /UNIT Fee Calculation Total 2'Bedroom $84 $250 $1912.65 $250 $2262.. 20 .$4758.85 $4758.85*177 $ 842,316.45 SCHOOLS! PARK LIBRARY FIRE DIST TOTAL /UNIT Fee Calculation 2 Bedroom $715 $2,388 $356 $356 $3,815 $3815*177. $ 675,255.00 Fee #Building s. Fee Calculation Per Building Plumbing Inspection Fee $28.00 36 $28.00*36 $ . 1,008.00 TOTAL $ 1,518,579.45 OTHER FEES Building Fee. $0.25/SF Water Meter Fees areas follows: 3%4" $225 2" $2,050 1u $325 3" $2,500 1 1/2" $600 4" $3,700 6" $5,100 16 McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 STATE OF ILLINOIS ) COUNTY OF MCHENRY ) CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such City Clerk, I am the keeper of the records and ordinances for the City of McHenry. I do hereby further certify that an ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 122.477-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CHAPEL HILL ROAD AND IL STATE ROUTE 120, IN MCHENRY COUNTY, ILLINOIS was passed by the McHenry City Council on December 16, 2024. I do further certify that the original copy of Ordinance 24-59, 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 16th day of December, 2024. ®�9��°�4����➢�egga��'�d' Monte Johnson, Deputy City Clerk - F ;f �G�c� o �C t�a9 City of McHenry, fGGg,PG�gTtc,°� r o : � McHenry County, Illinois . AL . gY15.AS"M a kLINOlS McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786 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. Ei 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. 6 C�-F Ac Naind of State agency, unit 4 government or school district recording this document (Please Print) ivame of person presenting this declaration (Please Print) G- Signature of uus aeclaration RHSP Exemption Declaration Form 201703iM.docx Date McHenry County Recorder JOSEPH J. TIRIO # 2025R0001786