Loading...
HomeMy WebLinkAboutOrdinances - O-72-53.C - 05/01/1972 - PRE ANNEX AGMT RALPH EDGAR53.�, r AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF CERTAIN LANDS -.ANNEXED TO THE CITY OF McHENRY, ILLINOIS WHEREAS, a Petition was filed with the City of McHenry on March 6, 1972 requesting a hearing on the content of a proposed Pre -Annexation Agreement by and between McHENRY STATE BANK AS TRUSTEE UNDER TRUST NUMBER 426; RALPH L. EDGAR, and INVESTMENT DEVELOPMENT, INC. and the CITY OF McHENRY, a municipal corpor- ation of the State of Illinois; and WHEREAS, hearings were had in regard to said Pre -Annexation Agreement before the City Council of the City of McHenry, the Plan Commission, and the Zoning Board of Appeals; and WHEREAS, as a result of such hearings, and in consideration of the evidence given and exhibits presented, the City Council has determined that the request of the Petition, and taken in concert with the Pre -Annexation Agreement, and the exhibits which are a part thereof, is in harmony and keeping with the proper and orderly development and improvement of the City of McHenry; and WHEREAS, pursuant to such Petition and Pre -Annexation Agree- ment as approved and executed by the parties, said territory therein and herein described has been annexed by proper ordinance to the City of McHenry, and is now to receive appropriate zoning classification under the Zoning Ordinance of the City of McHenry, in accord with such instruments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry, Illinois, as follows: 1. That pursuant to the provisions of said Pre -Annexation Agreement and Site Plan, a true and correct copy of which shall be attached to and made a part of this Ordinance, the following described property be and the same is hereby classified as follows: (A) 1. "B-3" Commercial District -- all that part of said property lying Northerly of the center line of McCullom Lake Road and lying West of the center line of Illinois Route 31, being a tract of approximately 18.1 acres, and de- scribed as Area 1 on the Site Plan. 2. That specifically authorized in said "B-3" Commercial District is a site for one, but not more than one, automobile service station. (B) "I" Industrial Park District -- all that part of said property lying Westerly of the Westerly right-of-way of the Chicago and North Western Railway, being a tract of approximately 25.83 acres, and described as Area 5 on the Site Plan. (C) "R-4" Multi -Family District -- all the remaining part of said property, being a tract of approxi- mately 90.8 acres, and described as Areas 2, 3 and 4 on the Site Plan, and specifying the resi- dential unit density for each such area. `' 2. That the zoning map of the City of McHenry, Illinois, adopted as a part of said Zoning Ordinance, be and the same is hereby amended accordingly. -2- 3. That all ordinances or parts thereof in conflict here- with be and the same are hereby repealed. 4. That this Ordinance shall be in effect from and after its passage and approval according to law. ATTEST: Cit,N,4 ,Clerk -3- PRE -ANNEXATION AGREEMENT THIS AGREEMENT made this first day of May, 1972 between the CITY OF McHENRY, a municipal corporation of the State of Illinois, (hereinafter referred to as "City"), and McHENRY STATE BANK AS TRUSTEE UNDER TRUST NUMBER 426; RALPH L. EDGAR, and INVESTMENT DEVELOPMENT, INC. (hereinafter referred to as "Owners"), W I T N E S S E T H• WHEREAS, the Owners are the title holders of record and the .)ntract purchasers of certain real estate located in the unin- corporated portion of McHenry County, Illinois, which is more fully described on the schedule attached; and WHEREAS, the property consists of one -contiguous tract of approximately 134.8 acres in area, not within the corporate bound- aries of any municipality but contiguous to and immediately ad- jacent to the corporate boundaries of the City; all such property is shown on a certain annexation plat, as amended, which is attached to the Petition for Annexation hereinafter referred to; and WHEREAS, it is the desire of the Owners that the property be annexed to the City and zoned for commercial, multiple residential and .industrial -purposes, as are -variously permitted _under the B-3 Commercial District, R-4 Multiple Residential District, and I - Industrial Park District classifications of the City of McHenry Zoning Ordinance; and pursuant thereto the Owners have presented to the City Clerk a duly executed Petition for Annexation of the property, which is contingent upon the execution of this Pre - Ann& ation Agreement; and r - i WHEREAS, the parties hereto wish to enter into this Pre- - Annexation Agreement pursuant to the provisions of the Municipal Code of 1961 as amended (Chapter 24, Division 11-15.1-1 through 11-15.1-5, Illinois Revised Statutes); and WHEREAS, pursuant to the provisions of said statute, the corporate authorities of the City have had the required public hearings upon this Pre -Annexation Agreement, and have given notice thereof and have observed all statutory requirements in connection therewith; and WHEREAS, the corporate authorities of the City have considered the annexation and proposed zoning classification of the property at such public hearing, held pursuant to petition -therefor, and have determined that the best interests of the City require that the property be annexed to the City and classified for uses per- mitted variously under the B-3 Commercial District, R-4 Multiple Residential District and I -Industrial Park District classifications. NOW, THEREFORE, for and in consideration of the mutual prom- ises and agreements herein contained, the parties hereto agree as Itollows: 1. The City hereby agrees to annex the property as described herein upon the -terms and conditions set forth in this Agreement. 2. The City agrees to enact simultaneously with the execution of this Agreement, an Ordinance annexing the property as described herein and in the Petition for Annexation filed by the Owners; and also agrees to enact simultaneously with the execution of this Agreement, an Ordinance classifying the property as described -2- 11 herein for uses permitted in the B-3 Commercial District, -R-4 Mult- iple Residential District and I -Industrial Park District classifi- cations of the City of McHenry Zoning Ordinance, as delineated on the Pre -Annexation Site Plan of McHenry Development, as -amended, hereto attached, upon the following express conditions: a) The B-3 Commercial District shall be the area of 18.1 acres designated on the Site Plan as Area 1, located Northerly of McCullom Lake Road; among the uses to be permitted thereupon shall be one, but not more than one, automobile service station. b) The I -Industrial Park District shall be the area of 25.83 acres designated on the Site Plan as Area 5, located Westerly of the Chicago and North Western Railway. c) The R-4 Multiple Residential District shall be the area designated on the Site Plan as Area 2 (for Apartment Buildings upon 31.8 acres with 594 total units,) and Area 3 (for Multiple Residence Townhouses upon 38.5 acres with -275 total units)-,- and Area 4 (Multiple Residence Villas upon 20.5 acres with 100 total units), located easterly of the Chicago and North Western Railway and southerly of the McCullom Lake Road. d) Ralph Edgar and/or Investment Development, Inc. shall pay to the City, within 30 days of the date on which the City expends funds therefor, a sum equal to 50,6 of the City's share of cost of construction of the railroad crossing connecting the Industrial District and the Multiple Family District. e) On the final subdivision plat or plats, Ralph Edgar and/or Investment Development, Inc. shall dedicate to the City acreage -3- T t taling 8.66 acres for public use purposes (such as parks or school grounds), in location and manner substantially as appears upon the Site Plan. f) Ralph Edgar and/or Investment Development, Inc. shall dedicate, on the final subdivision plat or plats, and construct thereon a public street in Area 3 from the cul-de-sac southward through the 3.66-acre public space area to the north side of the drainage ditch or creek, upon a course specified by the City; and that they, or either of them, shall pay to the City, within J days of the date on which the City expends funds therefor, a sum equal to 50% of the City's cost of construction of a bridge or roadway crossing said drainage ditch or .creek; provided that the City initiates -and implements a plan for the extension of such public street through to Maple Street prior to January 1, 1976. g) Ralph Edgar and/or Investment Development, Inc. shall submit to School Districts 15 and 156 an offer to contribute to the Districts a cash contribution if the real estate tax income to the Districts from the industrial and commercial and residen- tial areas does not equal $500 per pupil from the residential areas actually enrolled in the Districts. The -period shall com- mence on the date of acquisition of the subject property by the developer, and shall end periodically, for each residential building constructed, one year after the date of issuance of the certificate of occupancy of such residential building. The developer shall be credited for every tax dollar received by the Districts after the -4- ste of commencement; and shall be charged at the rate of $500 per pupil actually first enrolled in the Districts. An annual accounting date, related to the commencement of the school year, such as September 30th, shall be specified; and any payment shall be made within ten days of the accounting date. 3. The parties hereto agree that all other ordinances ex- isting as of the date of the execution of this Agreement which may relate to or affect the development and construction of im- nrovements and all other development of any kind or character on .he property, shall remain in effect and be binding on the parties hereto with respect to the property for a period of five years from the date of the execution of this Agreement. 4. The City agrees to enact such ordinances and such reso- lutions as are or may be necessary to affect the terms of this Agreement. 5. This Agreement may be amended from time to time with the consent of both parties, pursuant to statute in such case made and provided, and each amendment shall in itself be effective for a period of five years from the date of said amendment. 6. This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties or by any appro- priate action at law or in equity to secure the performance of the covenants and agreements herein contained. 7. If any provision of this Agreement is held to be invalid, by any court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity therefrom shall not affect any of the other provisions contained therein. -5- w r I 1 5roin the ae.h of . . . EARL R. WALSH O��/ C/ OC Tic Al Sj G IV �TviC� r Al T A G1r E 8. The City of McHenry, Illinois has executed this Agree- ment pursuant to proper resolution made, seconded and legally passed on the 25th day of April,.1972, which resolution author- ized and directed the Mayor and City Clerk to so do. 9. This Agreement is executed by McHenry State Bank, not personally but as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee, and said Bank hereby warrants that it possesses full power and authority to execute this instrument, and it is ex- pressly understood and agreed that nothing herein contained shall be construed as creating any liability on the said Trustee or on said Bank personally, and every person now or hereafter claiming any right hereunder shall look solely to the premises_ herein described for the enforcement of any covenants herein. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed the day and year first written above. McHENRY STATE BANK AS TRUSTEE UNDER ---TRUST NUMBER -426, BY: Its President ATTEST: Its Trust Officer 'ORPORATE SEAL) Ralph L. Edgar INVESTMENT DEVELOPMENT, INC. BY: Its President ATTEST: (CORPORATE SEAL) Its Secretary CITY OF ENRY BY: 0 ATTEST: Cit Clerk :ORPORATE SEAL) r \ -6- PARCEL 1: The East Half of the 1iorthwest Quarter and the Southwest Quarter fo the Northwest Quarter of Section 26, Towns:iin 45 :North, Range 8 East of the Third Principal Meridian, (except that part thereof conveyed by Jacob Freund and Rosa Freund, his wife, to 1•1. John Paetz, by Deed dated June 2, 1945 and recorded June 15, 1945 in Book 273 of Lceds,page 413) and also (except 6 acres in the South- east corner of said North:•7est Quarter of said Section 26 used for cemetery purposes) and also (except a strip of land 2 rods in the iiorttiwcst corner of said Last Half_ of the said Northwest Quarter of said Section 26 extending from the highway North to e Section line) also except (that part of the Southeast Quarter of the Northwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, bounded as follows: Commencing at the `iortheast corner of Woodland Cemetery Lot; thence .est on the `forth line of saic Lot, 13 1/3 rods; thence North 12 rods, thence East parallel with the first named lire 13 1/3 rods; thence South 12 rods to she place -of beginning; also beginning at the Northwest corner of z1-.e 71 irst Additic to the St. Mary's Cemetery i•rhich is platted part of the Southeast Quarter of the Northwest Quarter of Section 26, Town -shin -^_5 North, Range 8 East of the Third Principal I•leridian, said '6Liti on being part of Lot 2 of the County Clerk's Plat and recorded on t 20th day of June, A.D., 1922, in Book 4 of Plats, on pages 64 ape 5; thence THest 272 feet L'o an iron stake; thence South 212 feet to corner c,_ .he Woodland Cemetery; thence along the :lore _ lire of said Woodland Cemetery 272 feet to the Southwest corner of the Tirst Additi of the said St. Mary's Cemetery; thence North along the iti':.-�st line of said First Addition to St. Mary's Cemetery, 212 feet to t::e place of beginning) also except (a part of the Northwest Quar"r of Section 26, Township 45 North, Range 8 East of the Third Principal i•ieridian, described as follows: Commencing at the Northeast corner of St. Mary' Cemetery; thence West along the Northerly line of said Cemetery to the Northwesterly corner thereof; thence Northerly parallel with the high- way 15 feet; thence Easterly parallel with the Northerly line of said cemetery to the highway; thence Southerly 15 feet to the place of be- ginning; also commencing -at a point at the Southwest corner of the -5- G-94010 Catholic Cemetery in the Northwest (quarter of Section 26, Township 45 North, ►lancre 8 Last of the Third Principal meridian, which said point is 295.G8 feet North of the Southern boundary line of said Northwest Quarter and 254.10 feet I•:est of the Eastern boundary line of said Northwest (quarter; thence North along the Western boundary line of the Catholic Cemetery as now located 3 chains to the Northwec corner of said cemetery; thence I%Icst 3 1/3 chains; thence South in a line parallel with Ulostern boundary line of said Catholic Cemetery 3 chains; thence East at right angles 3 1/3 chains to the place of beginning);. also except (a piece or parcel of land in -the Last Half of the Northwest Quarter of Section 26, Township 45 north, Range 8 Last of the Third Principal `ucL';cribed as follows: Beginning at point on the wosterly line bf the Plclienrv-Ringwood Road where the Northeast corner of the Catholic Cemetery known as St. Mary's intersects the Southerly line of said highway; thence Northerly alone_ the Ilesterly line of said highx:•ay, 8 rods; thence westerly parallel with the North line of said cemetery, 10 rods; thence South at righr. angles to the Northerly line of said cemetery above described; thence Easterly along the Northerly line of said cemetery grounds, 10 rods t the place of beginning, (except therefrom the i•:es t 70 feet thereof); 1 t _ if of t ze :,Zorth- also except (a piece or parcel of land in the yes l'; 1 west Quarter of Section 26, Township_ 45 North, I:ange 8 ;past of the Third,Principal Meridian, described as follows: Beginning at z point on the Westerly line of the :1c:'.enrv-Ring%-,00c Road, known as the StatE Highway Route No. 31 and at the _Northeast corner of a parcel of lane uceded by Jacob Freund and Rose Freund, his wi=e, to :?nr,ie Justen o:� June 26, 1928 and recorded in the Recorue_'s Of-fice of McHenry County June 26, 1928 in Book 189 or Deeds, page 215; thence North along t e Westerly line or said highway `l32 feet; ti:er:ce i;estc_ ly parallel :•pit^ the 'Eortherly line of said lot a?Dove mentioned 165 f,.et to a st'nake; thence South parallel with the tiesterly lire of said State Hichway, 132 feet to the Northwest corner o; a parcel of land mentioned as aforesaid co Arnie Jusren; thence along the :,7orth line of said parcel of land 165 feet to place o= beginning,'; also excepz (a tract of land in the East Izalf of t:.e Northwest Quarter of Section 26, To-•lnship 45 North, Range 8 'East of the Third Principal Mexidian, described as follows: Commencing at a point on the Westerl-y lir_ _ of _State Route No. 31, formerly U. S. Route No. 12, 264- feet North of the :Northeast corner of St. IMary's Catholic Cemetery for a place of beginning; then West at right angles with the said highway, a distance of 165 feet along the Northerly line of the piece of property he=etofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul Gerasch; thence :forth at right angles, a distance of 132 feet; thence East at right angles, a distance of 165 foot to the T•:esterly line of the said high- way; thence Southerly along the F;esterly line of said highway to the place of beginning) also except (a tract of land in the Last Half of the Northwest Quarter of Section 26, Township 45 :'orth, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of a piece of land deeded by Jacob Freund and Rosa Freund, his wife, to W. John Paetz and recorded in the -Recorder' 1 G-94010 office of f•Icllcnry County, Illinois, in l;oolc 273 of deeds, page 413; thence West Along the North line of land so deeded 165 feet to the Northwest corner of land so deeded; thence at ric_lht angles North 281 feet to a ata:cc on the Sollthwost line of the licCullorrs" Lake I:oad; thence Southeast along the Southwest line of said Road 22.9 feet to the West line of State Iligh��:ly Road 31; thence ::ouch along the hest line of said State Iiighway, 120 feet to the place of beginning) , also except (that part of the Last Iialf of the North- west Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal meridian, lying 1�ortherly_ of the ccntcr of the nubli highway described as follows: Beginning on the north line of said Section at a point 1105.45 feet Vcst froiil the North Quartcr cornc:r thereof; thence South on a line forming an angle of 39 degreos, 21 minu": es to the left with a prolongation of said Section line for a distance of 23S.4 feet to an intersection with the center line of th public highway; thence Northwesterly along the center of said hiq`hwa being on a lire formincj an angle of 127 degrees, 34 minutes to the right with a prolongation of the last described line for a distance of 220.95 feet to a point; thence ;north in a direct line 101.75 feet to a point in the North line of said Section that is- 174 feet i•:est f the aforesaid place of beginning; thence East 174 feet to the place beginning)-, also except (par: of the Northwest Quarter of Section 26 Tol•:nsh1D 45 North, Rancre 8 East o_ the Third Principal -Meridian, described as follows: Beginning at a point on the South line of sai Nor"chwest Quarter, 746. 1 feet 1-.cst of the Souitzhic .st_ cor..ner thereof; thence L;es along the South line of said :northwest Quarter, 613.53 fce`_; thence No= parallel �IltI t:1e I:aS line Oi ��__.: :�Ora`h�4eS Quarter, 295.6o feet to a point; thence East paral_c1 v.ith the South line of Said Northwest. Quarter for a distance Of 613.53 feet to the Northwest corner of Wood -lawn Cemetery; thence Sou-Ch __o;:C the I•.est line of said cemetery, 295.68 feet to the place of beginning); also except (part of the Northwest Qu=ter of Section 26, •To..insil-p 45 Nor Range 8 East of the Third P rinc_.�c 1 Meridian, described as follows: C:oIamencing at a point on the -:as line of' said 1.1o! -1-= ast nuartPr, 508.68 feet i.or-ch of the Sout-heE;SL corner thereof; •thence !%est paral with the South lire of said Quarter for ` distance of 95 feet for a place of begin,__Jnr; t::cnce •:worte h Parallel :pita h the Est line of said Northwest Quarter for a distance of 132 feet; thence t;cst parallel with t:�e South lire of the said 1lort::".:: st Quarter 70 feet; thence South parallel viith ':.l^e East line of said :.Torthwest Quarter, 132 feet; thence East 70 feet to the place of beginning; ALSO, part of the i4orth:iest Quarter of Section 26, TOWnship 45 ;Iorth Range 8 East- of the Third Principal i°eridian, described as follows: Commencing at a point on the East line of said Iworth:aest Quarter, 503.68 feet worth of the Southeast corner thereof; thence West paral: with the South line of said Nort--hviest Quarter for a distance of 95 feet; thence West on a continuation of the last descried line for a distance of 70 feet for a place of beginning; thence !Torch paralle: with the East line of said Northwest Quarter for a distance of 4 feei thence West.parallel with the South line of said Northwest Quarter, 1194.G3 feet to a point; thence South Parallel with the East line of -7- G-94010 said Northwest (quarter a distance of 4 feet; thence rapt parallel with the South line of the said Northwest Quarter to the place of beginning); also except (part of the Northwest Quarter of Section 26, Township 45 Forth, Range 8 East of the 'Third Principal Meridian, described as follows: Commencing at a point on the East line of said Worthurest Quarter, 295.68 feet North of the Southcast corner thereof; thence hest parallel with the South line of said Northwest Quarter for a distance of 746.1 feet to a point for a place of beginning; thence West on a continuation of the last -described line for a distance of 613.53 feet; thence North parallel with the East line of said Dior thriest Quarter for a distance of 213.0 feet; thence Last parallel with the South line of said Northwest Quarter, 62.3.53 feet to the Northwest corner of the present cemetery; thence South along the !,.est line of said cemetery, 213.0 feet to� the place or bcginning) ; ' ., r _ _� �f - cw; e`seev' 93�2 eees =6 fvii8 �9i�liilelii63➢if�elir a=��`' �-1-' :+iv`-�iii�2o-e n��ei=-vP=� . c+ r .� •- _ .-,r- - --, �-�ii-1^_ - nn--"r^_� _-r�:--C�r ,_ L r -1 r_ c - - '- - -iA - v -- d � � � � � = e e- ; z�� ewe a e� 9 - � i 3� iee " a 2 6 i i ei•�? s3i e� --- - _ 1_ � _ ___ c -__ `. _ _ , - - .L 1 • - - - -1 _ wii - - - - J in McHenry Cou-nity, , Illinois. PARCEL 2: The Southeast Quarter of the Northeast Quarter of Section 27, Township 45 north, Range 8 Last of the Ti.ird Princio_ al Meridian, in McHenry County, Illinois.