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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: -A7-8,� r.33�ijj 1 10 — S - go SEE A—/aI A:CO RDG-D 'Do C- LE J 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 2 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 2 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 3 w 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 4 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. 7 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 10 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: 13 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: 15 41