HomeMy WebLinkAboutOrdinances - O-89-503 - 08/02/1989 - APPROVE ANNEX AGMT AMOCO OIL21f0lm,
ORDINANCE NO. 0-89-503
AN ORDINANCE PROVIDING POR THE APPROVAL
OF A PROPOSED ANNEXATION AGREEMENT BETWEEN
THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS, AND AMOCO OIL COMPANY, A
MARYLAND CORPORATION
WHEREAS, AMOCO OIL COMPANY, a Maryland corporation is the
record owner of a certain 5.0 acre parcel of real estate located
at the southwest corner of the intersection of Bull Valley Road
and Crystal Lake Road, in Nunda Township, McHenry County,
Illinois; and
WHEREAS, said real estate is not presently located within
the existing corporate limits of the City of McHenry, McHenry
County, Illinois; and
WHEREAS, notice of public hearing was published in the
NORTHWEST HERALD, a newspaper of general circulation published
in the City, within the time provided by law, notifying the
public of a hearing on said proposed Annexation Agreement to be
held before the Corporate Authorities of the City of McHenry,
McHenry County, Illinois; and
WHEREAS, the Corporate Authorities of the City of McHenry
have held the hearing as required by law and have found the
entry into said Agreement will not be detrimental to the public
health, welfare, or safety of the inhabitants of the City of
McHenry, McHenry County, Illinois;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
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SECTION 1: The Annexation Agreement, bearing the date of
October 2 198 9, by and between the City of McHenry, a
Municipal Corporation in the State of Illinois, and AMOCO OIL
COMPANY, a Maryland corporation, be and the same is hereby
approved. A complete and accurate copy of said Annexation
Agreement is attached to this Ordinance and incorporated herein
by reference as Exhibit "A".
SECTION 2: The Mayor and City Clerk of the City of
McHenry are authorized to affix their signatures as Mayor and
City Clerk of said City to said Agreement for the uses and
purposes therein set forth.
SECTION 3: This Ordinance shall be in full force and
effect immediately after its passage and approval as required by
law.
PASSED
by
the
City
Council
of the
City of McHenry and
approved by
me
this
2nd
day of
August
, 1989.
AYES: Bolger, Serritella, McClatchey, Smith, Busse
NAYS: Li eder, Teta Patterson
ABSTAIN: Donahue
ABSENT: None
Approved as to Form:
City Attorney
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I i,()uO
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 by and between the CITY OF 14cHENRY, a
Municipal Corporation in the State of Illinois, (hereinafter
referred to as "City"), by and through its Mayor and Members of
the City Council, (hereinafter referred to collectively as
"Corporate Authorities"), and AMOCO OIL COMPANY, a Maryland
corporation.
W I T N E S S E T H:
WHEREAS, AMOCO OIL COMPANY, a Maryland corporation, is the
record title owner of the following described property:
That part of the Northwest Quarter of the
Southeast Quarter of Section 4, Township 44
North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at
the Northwest Corner of said Northwest Quarter
of the Southeast Quarter; thence North
88056'54" East assumed bearing, along the North
line thereof a distance of 234.20 feet; thence
South 10117'25" West a distance of 258.90 feet
to a point; thence South 00050'23" East, a
distance of 378.86 feet to a point; thence
North 880 56'54" East a distance of 148.53 feet
to the place of beginning of land to be
described; thence North 16021'35" East, a
distance of 584.91 feet to a point on the
Southerly R.O.W. of Bull Valley Road, said
point being on a curve concave Southerly,
having a radius of 1382.40 feet; thence South
Easterly on said curve a chord measurement of
286.67 feet and bearing of South 78016'57"
East; thence South 72027'39" East on said
Southerly R.O.W. a distance of 212.80 feet to a
point on the Westerly R.O.W. of Crystal Lake
Road, said point being on a curve concave
Northwesterly having a radius of 14,283.60
feet; thence Southwesterly on said curve a
E-mI®IT r'hN
chord measurement of 296.66 feet and bearing of
South 37125'32" West to a point; thence South
38100'00" West tangent to said curve for a
distance of 250.78 feet to a point; thence
South 88156'54" West a distance of 313.68 feet
and parallel to the North line of said
Northwest Quarter of the Southeast Quarter to
the place of beginning in McHenry County,
Illinoiss.
(Hereinafter referred to as "Tract"
WHEREAS, said Tract is contiguous to the corporate limits of
the City of McHenry, Illinois and is not within the corporate
boundaries of any other city or village and has no electors
residing therein;
WHEREAS, said Tract constitutes territory which is
contiguous to and may be annexed to the City of McHenry,
Illinois, as provided in Article VII of the Illinois Municipal
Code, Chapter 24, Illinois Revised Statutes (1987), as amended;
WHEREAS, the Owner desires to have said Tract annexed to the
City of McHenry, Illinois, upon certain terms and conditions
hereinafter set forth;
WHEREAS, the Corporate Authorities after due and careful
consideration have concluded that the annexation of said Tract
to the City, under the terms and conditions hereinafter set
forth, would further the growth of the City, enable the City to
control the development of the area, and serve the best
interests of the City;
WHEREAS, pursuant to the provisions of Section 11-15.1-1,
et. seq. of the Illinois Municipal Code, Chapter 24, Illinois
Revised Statutes (1987), as amended, a proposed Annexation
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Agreement, in form and substance the same as this Agreement, was
submitted to the Corporate Authorities and a public hearing was
held thereon pursuant to notice, as provided in the statutes;
WHEREAS, pursuant to notice as required by the statutes of
the State of Illinois and the City of McHenry Zoning Ordinance,
a public hearing was held before the City of McHenry Zoning
Board of Appeals on the requested zoning of said Tract and the
recommendation made by the Zoning Board of Appeals on the
requested zoning of said Tract was submitted to the Corporate
Authorities;
WHEREAS, pursuant to notice as required by the statutes of
the State of Illinois and the City of McHenry Zoning Ordinance,
a public hearing was held before the City of McHenry Plan
Commission on the requested amendment to the Comprehensive Plan
of the City of McHenry for said Tract and the recommendation
made by the Plan Commission was submitted to the Corporate
Authorities;
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements contained herein, it is hereby agreed by
and between the parties hereto, as follows:
1. That the representations and recitals set forth in the
foregoing preamble are material to this Agreement and the
parties hereby confirm and declare their truth and validity, and
hereby incorporate such representations and recitals into this
Agreement.
2. This Agreement is made pursuant to and in accordance
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with the provisions of Section 11-15.1-1, et. seq. of the
Illinois Municipal Code, Chapter 24, Illinois Revised Statutes
(1987), as amended; that said statutory provisions provide for
annexation agreements to be entered into between private
citizens and/or corporations and municipalities; that all of
the requirements of the Illinois Revised Statutes and
specifically Section 11-15.1-1, et. seq. of the Illinois
Municipal Code, Chapter 24, Illinois Revised Statutes (1987), as
amended, in regard to publication and notice have been met prior
to the date of this Agreement.
3. That this Agreement is entered into after public
hearings before the Corporate Authorities, the Zoning Board of
Appeals of the City of McHenry and the Plan Commission of the
City of McHenry, in accordance with the provisions of the
aforesaid Statutes of the State of Illinois and the City of
McHenry Zoning Ordinance.
4. That the purpose of this Agreement is to provide for
annexation of Tract to the City of McHenry, Illinois, upon
certain conditions hereinafter described in this Agreement.
5. That the Owner has heretofore filed with the City Clerk
of the City of McHenry, a proper Petition for Annexation
conditioned on the terms and provisions of this Agreement to
annex said Tract heretofore described to the City of McHenry.
6. The Corporate Authorities, upon execution of this
Agreement, shall enact an Ordinance annexing the aforedesc:ribed
Tract which includes all adjacent streets or highways as
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required by law.
7. That the City agrees to enact simultaneously with the
execution of this Agreement, an Ordinance or Ordinances amending
the "City of McHenry Zoning Ordinance, as amended" so as to
classify said aforementioned Tract as follows:
A. The following described portion of Tract, which
portion shall hereinafter be referred to as Parcel 1, shall be
zoned as "C-1" - Convenience Commercial District, and granted a
Conditional Use Permit for operation of an automobile service
station. Furthermore, an automobile laundry shall be permitted
to be operated on Parcel 1 as an accessory use to the automobile
service station with the following conditions:
1. That the automobile laundry's hours of
operation are limited to 7:00 A.M. to 9:00 P.M. Monday through
Saturday and 8:00 A.M. to 6:00 P.M. on Sunday; and
v
2. That the automobile laundry shall not operate
unless the car wash doors are closed; and
3. That the convenience store doors will be
closed from Midnight to 5:00 AM however gasoline and
miscellaneous sales may continue said hours through a
transaction window; and
4. That the shelter for the trash area be
constructed of materials which match the building materials; and
5. In addition to the landscaping to be provided
on Parcel 1 described in this Paragraph 7A, if requested by City
at the time of the issuance of a Building Permit for Parcel 1,
owner shall provide and thereafter maintain an additional
5
fifteen (15) foot bermed and landscaped green space on the
Western and Southern border of Parcel 1 substantially in
accordance with the landscape plan described as Exhibit ",4",
attached hereto and made a part hereof, in that area of Tract
described at Paragraph 7B below, which portion of Tract shall
hereinafter be referred to as Parcel 2, which adjoins the
aforedescribed Parcel 1. Said Parcel 2, described in Paragraph
7B below, shall be restricted by a covenant running with the
land which would require the completion of the aforesaid fifteen
(15) foot landscaped border for green space by Amoco prior to
obtaining a Occupancy Permit for Parcel 1 from the City of
McHenry if City requires same.
Parcel 1 is described as follows:
That part of the Northwest Quarter of the Southeast Quarter of
Section 4, Township 44 North, Range 8 East of the Third
Principal Meridian in McHenry County, Illinois described as
follows: Beginning at the intersection of the South line of
Bull Valley Drive with the West line of Crystal Lake Road;
thence Westerly along said South line of Bull Valley Drive,
212.23 feet to a point of curvature in said South line; thence
Southwesterly along a line forming an angle of 110' 14' 34" from
East to South from the last described course, 184.98 feet;
thence Southeasterly at right angles to the last described
course, 201.46 feet to the Westerly line of Crystal Lake Road
aforesaid; thence Northeasterly along said Westerly line, being
a curved line concave to the Northwest and having a radius of
14,283.60 feet, the chord of said curve being a line forming an
angle of 890 28' 54" from West to North from the last described
course, 258.43 feet to the point of beginning.
B. The remainder of Tract, which is referred to as
Parcel 2, shall be classified as "RS-1" - Single Family
Residential District and is described as follows:
That part of the Northwest Quarter of the
Southeast Quarter of Section 4, Township 44
North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at
the Northwest Corner of said Northwest Quarter
of the Southeast Quarter; thence North
88056'54" East assumed bearing, along the North
line thereof a distance of 234.20 feet; thence
South 10117'25" West a distance of 258.90 feet
to a point; thence South 00050'23" East, a
distance of 378.86 feet to a point; thence
North 881 56'54" East a distance of 148.53 feet
to the place of beginning of land to be
described; thence North 16°21'35" East, a
distance of 584.91 feet to a point on the
Southerly R.O.W. of Bull Valley Road, said
point being on a curve concave Southerly,
having a radius of 1382.40 feet; thence South
Easterly on said curve a chord measurement of
286.67 feet and bearing of South 78016157"
East; thence South 72°27'39" East on said
Southerly R.O.W. a distance of 212.80 feet to a
point on the Westerly R.O.W. of Crystal Lake
Road, said point being on a curve concave
Northwesterly having a radius of 14,283.60
feet; thence Southwesterly on said curve a
chord measurement of 296.66 feet and bearing of
South 37025'32" West to a point; thence South
38000'00" West tangent to said curve for a
distance of 250.78 feet to a point; thence
South 88056'54" West a distance of 313.68 feet
and parallel to the North line of said
Northwest Quarter of the Southeast Quarter to
the place of beginning in McHenry County,
Illinois excepting and reserving therefrom that
part of the Northwest Quarter of the Southeast
Quarter of Section 4, Township 44 North, Range
8 East of the Third Principal Meridian in
McHenry County, Illinois described as follows:
Beginning at the intersection of the South line
of Bull Valley Drive with the West line of
Crystal Lake Road; thence Westerly along said
South line of Bull Valley Drive, 212.23 feet to
a point of curvature in said South line; thence
Southwesterly along a line forming an angle of
1100 14' 34" from East to South from the last
described course, 184.98 feet; thence
Southeasterly at right angles to the last
described course, 201.46 feet to the Westerly
line of Crystal Lake Road aforesaid; thence
Northeasterly along said Westerly line, being a
curved line concave to the Northwest and having
a radius of 14,283.60 feet, the chord of said
curve being a line forming an angle of 89° 28'
54" from West to North from the last described
course, 258.43 feet to the point of beginning.
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8. The City agrees 1�-) enact simultaneously with the
execution of this Agreement, an Ordinance or Ordinances amending
the "City of McHenry Comprehensive, Plan, as amended", and Land
Use Map so as to designate the Parcel 1, as described in 7A
above, as "Commercial".
9. In the event that water and sewer facilities are not
available to Tract at the time Owner requests a building permit
from the City, the Owner may construct a private well and septic
sanitary system in accordance with the requirements for
installation of wells and septic systems of the County of
McHenry for the Tract for the temporary use of Owner until
municipal water and sanitary sewer services have been installed
in premises abutting Tract. Said temporary use shall be limited
to two (2) years unless the parties otherwise agree to an
extension of said time restriction.
10. Owner shall pay all costs and expenses for the
construction of the extension of the municipal sanitary sewer
mains along Bull Valley Road, from their present location east
of the Chicago and Northwestern Railroad tracks, to either the
Western and/or Southern boundary of the Tract as the City may
direct. Owner, at its own costs, shall also extend a water main
South on Crystal Lake Road from its present location to the
Western and/or Southern Boundary of the tract as the City may
determine. Owner shall cause said improvements to be
constructed in accordance with the Ordinances of the City. The
location and specifications for said sanitary sewer and water
mains shall be determined solely by City. Owner shall pay for
all the costs and expenses incurred by the City, including but
0
not limited to attorney's fees, title charges, appraisals,
survey costs, witness and deposition expenses, litigation
expenses and judgments in the acquisition of easements needed
for the construction of said water and sewer extensions. At the
time the Final Plat of Subdivision of the subject premises, as
discussed in Paragraph 16 below is approved, Owner shall deposit
a Letter of Credit with the City in an amount equal to 125% of
the estimated costs of construction of the sanitary sewer and
water mains in accordance with the City's Ordinances.
11. When the water main and sanitary sewer lines have been
extended to the locations described in Paragraph 10, Owner
shall then disconnect the water and sanitary facilities of Tract
from private well and septic and shall connect said facilities
to said municipal water and sanitary facilities.
12. The plans and specifications for the construction and
installation of any water and/or sewer connections and
extensions shall be compatible with intended use and shall be
subject to approval by the City of McHenry. The construction and
installation of any water and/or sewer extensions and
connections shall be as provided for in Paragraphs 10 and 11
above. The City of McHenry agrees, pursuant to Chapter 24,
Section 9-5-1 of Illinois Revised Statutes (1987) as amended„ to
execute a recapture agreement with the Owner by which the City
of McHenry agrees to reimburse the Owner for an equitable
portion of the cost including the costs and expenses, including
attorney's fees incurred in the acquisition of easements, for
the construction of sewer and water extensions as described
herein and charges of such facilities, together with interest
�0-]
thereon from the date said fac1I-I Li es have been accepted by the
City until connection is sought thereto by the benefited third
parties at the rate of ten percent (10%) per annum, when and as
collected from such owners during the next ten (10) years. Such
recapture agreement shall describe the property outside the
premises which may reasonably be expected to benefit from the
facilities and shall specify the equitable amount or proportion
of the cost of such facilities which is to be incurred primarily
for the benefit of that property. Such contract shall also
provide that the City of McHenry shall collect such recapture
fees charged to the owners of property not within the premises
at the time application is made to connect to and use the
facilities by the respective properties of each owner. The City
of McHenry shall assist owner in obtaining all necessary
easements, not already in existence, to enable the installation
of such connections and extensions to be accomplished. The City
of McHenry agrees that no benefitted property owner shall be
permitted to connect into and utilize said sewer and/or water
main extensions and connections without first paying recapture
fees to City as hereinabove stated in this paragraph. The
City of McHenry shall have no obligation under this paragraph
until the terms are formalized in a separate written agreement
in accordance with the provisions of Chapter 24, Section 9-5-1,
Illinois Revised Statutes (1987), as amended.
13. The Engineers of the City of McHenry shall determine
the service area and the identity of properties potentially
benefitted by the extension of said sanitary sewer and water
mains and also the proportion of total cost and expense thereof
which is to be recaptured from each of said properties or
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Tracts.
14. No park, library ,or school donation shall be required
by reason of the annexation of the subject Tract except that in
the event some part of Tract is used for residential purposes,
such school, library and park donations shall be required
pursuant to City Developer Ordinance then in effect.
15. No change or modification of any ordinance, code or
regulation shall be applied as to Parcel 1 or 2 during the terms
of this Agreement so as to affect the zoning classification
thereof and the uses permitted thereunder 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 Owner shall
comply in all respects with the conditions and requirements of
all ordinances of the City as they may exist from time to time.
16. Owner agrees to submit a Preliminary and a Final Plat
for a two (2) Lot Subdivision substantially in accordance with
the Amoco M-1 Subdivision Plat prepared by Mackie Consultants
dated September 6, 1988 and heretofore furnished to the City
adding thereto the following:
a. Twenty-five (25) foot landscaped buffer at Western
edge of premises on Lot 2; and
b. Storm water detention area at Southern border of
property; and
C. Twenty-four (24) foot wide driveway easement
access between Lots 1 and 2 at the Southerly edge of Lot 1 in
the area bordering its Eastern edge; and
11
d. Fifteen (15) foot landscaped buffer on Lot 2 in
the area adjoining the Westerly and Southerly edge of Lot 1; and
e. Entrances and exits for Lot 2 limited to one (1)
on Bull Valley Road and one (1) on Crystal Lake Road; and
f. A ten (10) foot easement at the Eastern edge of
the premises for roadway purposes (which will include a portion
of the Owner's twenty (20) foot landscape buffer).
If a Plat is submitted substantially in accordance with the
above, the City will approve same.
17. At the time of Final Plat Approval, Owner shall pay a
sidewalk improvement cost of $14,000.00 for sidewalks to be
constructed by the City at a time it deems appropriate. As a
condition of Annexation, Owner shall pay an Annexation Fee to
the City of $10,000.00. Final Site Plans, Landscaping Plans,
Ground Sign Plans and architect's renderings shall be submitted
to the City Council for final approval prior to the issuance of
a Building Permit which approval shall not be withheld as long
as said plans and renderings are substantially similar to the
improvements proposed by the Owner for its Ringwood Road Service
Station, McHenry, Illinois.
18. This Agreement shall inure to the benefit of and be
binding upon the successors in title and assigns of the Owner,
and each of them, and upon the successor Corporate Authorities
and successor Municipalities of the City.
19. This agreement should be valid and binding for a term
12
of fifteen (15) years from the date of its execution.
20. This Agreement shall be enforceable only in a State
court of competent jurisdiction by any of the parties or by any
appropriate action at law or in equity to secure the performance
of the Covenants and agreements herein contained.
21. If any provisions of this Agreement is held to be
invalid by any court of competent jurisdiction, such provisions
shall be deemed to be excised from this Agreement, and the
invalidity thereof shall not affect any of the other provisions
contained herein.
22. The agreements contained herein shall be considered
covenants running with the land described herein.
IN WITNESS WHEREOF, the Corporate Authorities, and the Owner
have hereunto set their hands and seals, and have caused this
instrument to be executed by their duly authorized officials and
the corporate seal attached thereto, all on the day and year
first written above.
ATTEST:
City Cler
(SEAL)
CITY OF McHENRY
BY:
Its Mayor
AMOCO OIL COMPANY, a Maryland
Corporation
BY:
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ATTEST:
APPROVED AS TO FORM:
Village Attorney
STATE OF ILLINOIS )
SS.
COUNTY OF MCHE'NRY )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that
and personally known to me to be the Mayor
and City Clerk, respectively, of the City of McHenry, and
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that they signed and
delivered said instrument as such Mayor and City Clerk of said
Corporation and caused the Corporate Seal of said Corporation to
be affixed thereto pursuant to the authority, given by the Mayor
and City Council of said Corporation as their free and voluntary
act, and as the free and voluntary act and deed of said
Corporation, for the uses and purposes therein set forth.
My Commission Expires:
STATE OF ILLINOIS )
SS.
COUNTY OF MCHENRY )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that the above named
and , respectively and
of AMOCO OIL COMPANY, personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument as such and I respectively,
appeared before me this day in person and severally acknowledged
that they signed and delivered said instrument as their own free
and voluntary act of said Corporation, for the uses and purposes
therein set forth and that said then and there
acknowledged that , as Custodian of the Corporate Seal
14
of said Corporation, caused the Corporate Seal of said
Corporation to be affixed to said instrument as said
own free and voluntary act and as the free and
voluntary act of the Corporation for the uses and purposes
therein set forth.
My Commission Expires:
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