HomeMy WebLinkAboutOrdinances - O-90-533 - 04/30/1990 - AUTHORIZE ANNEX AGMT DEERWOOD ESTATESORDINANCE NO. 0-90-533
A ORDINANCE APPROVING AN
ANNEXATION AGREEMENT BETWEEN THE MCHENRY STATE BANK,
AS TRUSTEE UNDER TRUST NO. 4562 and
DONALD GERSTAD and THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the McHENRY STATE BANK, as Trustee under Trust No. 4562, is the
record owner (hereinafter referred to as the "Owner") of the real estate which
is legally described on Exhibit "A" attached hereto and by this reference made
a part hereof (hereinafter referred to as the "Subject Property"); and
WHEREAS, the Owner has asked that the Subject Property be annexed to the
City of McHenry (hereinafter referred to as the "City") in accordance with the
terms and conditions of an Annexation Agreement which is attached hereto and
marked Exhibit "D" and incorporated herein by this reference; and
WHEREAS, public hearings on the annexation agreement were held before the
Corporate Authorities of the City of McHenry pursuant to proper published
notice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION ONE: The Annexation Agreement attached hereto and marked Exhibit
"D" be, and hereby is approved.
SECTION TWO: The City Mayor is hereby authorized to sign and the City
Clerk is hereby authorized to attest the attached Annexation Agreement.
SECTION THREE: This Ordinance shall be known as Ordinance No. 0-90-533
and shall be in full force and effect from and after its passage and approval
in the manner provided by law.
Passed by a two-thirds (2/3) vote of the Corporate Authorities of the City
of McHenry, McHenry County, Illinois this 30th day of April ,
1990.
Ayes: Bolger, Donahue, Smith,McClatchey, Serritella, Busse
Nayes: Teta. Patterson
Absent: Lieder
Abstained: None
Approved this 30th day of
W�
ATTEST:
City Clerk
ril
ayor
, 1990
RE C 0 � U E D 1-)3-910 1.7
Doc.4W 90 R. oash3r
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1: That part of the North Half of the Northeast Quarter of Section 31,
Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the Southeast corner of the North Half of said
Northeast Quarter; thence North along the East line of said Northeast Quarter
799.9 feet; thence West parallel with the South line of the North Half of said
Northeast Quarter 1285.0 feet; thence South parallel with the East line of
said Northeast Quarter 229.9 feet; thence West parallel with the South line of
the North Half of said Northeast Quarter 400.0 feet; thence South parallel
with the East line of said Northeast Quarter 60.0 feet; thence West parallel
with the South line of the North Half of said Northeast Quarter 953.25 feet to
the West line of said Northeast Quarter; thence South along said West line
510.0 feet to the South line of the North Half of said Northeast Quarter;
thence East along said South line 2639.67 feet to the point of beginning, in
McHenry County, Illinois. ALSO
PARCEL 2: The South Half of the Northeast Quarter of Section 31, Township 45
North, Range 8 East of the Third Principal Meridian, (excepting from Parcels 1
and 2 that part described as follows: Beginning at a point on the West line of
the Northeast Quarter of said Section 31, said point being 1313.87 feet North
of the Southwest corner thereof; thence South on said West line, a distance of
553.37 feet to a point; thence East at right angles to the last described
line, at the last described point, a distance of 504.66 feet to a point;
thence North, for a distance of 561.10 feet to a point, said point being
504.72 feet East of the place of beginning; thence West, a distance of 504.72
feet to the place of beginning), in McHenry County, Illinois.
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ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 90r,""day of /1/L ,
19 0 , by and between the CITY OF McHENRY, 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 the McHENRY STATE BANK, as Trustee under the
provisions of a Trust Agreement dated the 11th day of January, 1989, and known
as Trust No. 4562 and its sole beneficiary, DONALD L. GERSTAD (hereinafter
collectively referred to as "OWNER").
WITNESSETH:
WHEREAS, the McHenry State Bank, as Trustee under Trust No. 4562 is the
owner of record of a certain parcel of real estate, the legal description of
which is set forth in Exhibit "A" attached hereto and made a part hereof by
reference and which is hereinafter referred to in its entirety as Exhibit "A";
and
WHEREAS, a portion of the real estate described in Exhibit "A" is con-
tiguous to the corporate limits of the City of McHenry, Illinois; and
WHEREAS, the proposed development will be on the real estate described in
Exhibit "A" of approximately 113.54 acres, more or less; and
WHEREAS, the OWNER desires to have said real estate described in Exhibit
"A" annexed to.the City of McHenry upon certain terms and conditions herein
set forth; and
WHEREAS, adequate provisions for utility services, roads, drainage and
other necessary facilities will be provided by owner in accordance with the
City of McHenry Subdivision Control Ordinance except as herein provided; and
1.5
(The Exhibits attached to this Annexation Agreement are Exhibits "A", "'E" and
"F". There are no Exhibits "B", "C" and "D".)
WHEREAS, pursuant to the provisions of Section 7-1-1, et. seq. of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1983), notices
of the proposed annexation were sent by certified mail to the Township Highway
Commissioner, the Township Supervisor and the Board of Township Trustees of
McHenry Township; and
WHEREAS, pursuant to the provision of Section 11-15.1-1, et. seq, of the
Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1983), a pro-
posed Annexation Agreement was submitted to the Corporate Authorities and a
public hearing was held thereon before the City Council of the City of McHenry
pursuant to notice, as provided by Statutes of the State of Illinois; and
WHEREAS, the Corporate Authorities after due and careful consideration
have concluded that the annexation of said real estate described in Exhibit
"A" 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.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS
AGREED AS FOLLOWS:
1. This Agreement is made pursuant to and in accordance with the provi-
sions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter
24, Illinois Revised Statutes, 1983); that said statutory provisions provide
for annexation agreements to be entered into between owners of record 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
in regard to publication and notice have been met prior to the date fixed for
the hearing on the proposed Agreement.
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2. This Agreement is entered into after a public hearing before the
Corporate Authorities of the City of McHenry which hearing was held
P2 g- 3v 19 90 , and continued from time to time, in accordance with
the provisions of the aforesaid Statutes of the State of Illinois.
3. The purpose of this Agreement is to provide for annexation of the
real estate described in Exhibit "A" attached hereto and made a part hereof to
the City of McHenry, Illinois, upon the terms and conditions described in this
Agreement.
4. The Owner has filed with the City Clerk of the City of McHenry a
proper Petition for Annexation conditioned upon the terms and provisions of an
Agreement to annex the real estate described in Exhibit "A" attached hereto
and made a part hereof to the City of McHenry.
5. The Corporate Authorities, upon execution of this Agreement will, pur-
suant to the Petition for Annexation herein filed, enact an Ordinance annexing
the real estate described in Exhibit "A" attached hereto and made a part
hereof and also any adjacent highways to the far side thereof as required by
law.
6. The real estate described in Exhibit "A", which is the subject of
this Annexation Agreement, is now under the jurisdiction of the County of
McHenry and is presently classified "E-3" Estate District, within the meaning
of the County of McHenry Zoning Ordinance.
7. Immediately upon annexation of the heretofore described real
estate to the City of McHenry, the Corporate Authorities shall adopt an
Ordinance or Ordinances so as to provide that the real estate described in
Exhibit "A" be classified as "RS-1" Single Family Residential.
119E
8. It is understood and agreed by the parties hereto that time is of the
essence of this Agreement, and that all of the parties will make every reaso-
nable effort, including the calling of special meetings, to expedite the sub-
ject matter hereof; it is further understood and agreed by the parties that
the successful consummation of this Agreement requires their continued
cooperation.
9. The 32 foot road surface requirement of the City shall be reduced to
27 feet on all roads except for Silver Glen and Deerwood Trail as depicted on
r
Preliminary Plat marked Exhibit "E" attached hereto and made a part hereof,
which will be 32 feet unless the City determines less than 32 feet is accep-
table. The attached Preliminary Plat of Subdivision will be corrected to
show the 50 foot set back requirement as set out in the City's Subdivision
Control Ordinance, and to show the drainage recommendations of R.W. Lindley as
set out in Exhibit "F" and as so corrected are hereby approved.
Attached hereto, marked Exhibit "F" and by this reference made a part
hereof, is a letter to the City's Planning Commission dated April 17, 1990 from
Susan G. Connelly. The Owner agrees to comply with the recommendations of
William Lindley, P.E. set out in said letter as they relate to drainage.
The Owner agrees to establish a homeowners association for the pur-
pose of the maintenance, inspection and repair of the dry wells on the subject
premises. The covenants and restrictions of record of said homeowners asso-
ciation shall include the following:
a) Said dry wells will be inspected annually by an engineer
employed by the homeowners association to determine whether or
not the dry wells are operating correctly and the homeowners
association shall provide the City with the engineer's written
report as to such on or before July 1 of each year.
b) The association and/or City shall have the right to lien lots
for payment of said maintenance, inspection and/or repair
expenses of said dry wells.
c) The homeowners association shall provide all necessary main-
tenance and repair for the dry wells.
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d) The City shall have the right, but not the obligation, to
inspect, repair and/or maintain said dry wells, and is hereby
granted an access and construction easement over and upon said
premises to inspect, repair and/or maintain said dry wells.
e) The city shall have the right to assess expenses incurred by it
in connection with inspection, the maintenance and/or repair of
said dry wells.
Any final Plat of Subdivision for any portion of the premises having
dry wells, shall grant easements to the homeowners association and to the City
for ingress and egress to said dry wells and for purposes of inspection, main-
tenance and/or repair.
10. The City of McHenry acknowledges that its present Subdivision Control
Ordinance does not require the construction of curbs, gutters or sidewalks in
connection with the Subdivision of "RS-1" SINGLE-FAMILY DISTRICT, lots. The
CITY further agrees, that the premises annexed under the terms and provisions
of this Agreement shall be exempted from the provisions of any future
Subdivision Control Ordinance requirements relating to curbs, gutters and
sidewalks; provided however, that the OWNER nevertheless agrees to install
curbs and gutters at such locations in accordance with such specifications as
may be from time to time designated by the City Engineer when, in the City
Engineer's discretion, the installation of such curbs and gutters becomes
required for the purpose of preventing erosion from surface water run-off.
The Owner further agrees that the average net lot size shall be not less
than 39,200 square feet and that the minimum lot size shall be not less than
30,000 square feet. The subdivision of the premises shall contain not more
than 107 lots.
11. The parties agree that neither of them shall be under any obligation
to extend the existing municipal sewer and water lines from their present ter-
minus to serve the subject real estate, and the City further agrees to permit
the Owner to use septic and well systems complying with the Illinois
Groundwater Protection Act and all applicable regulations on each parcel
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developed; provided further that it is the intent of the parties hereto that
this provision of this Agreement shall survive any amendment of the City of
McHenry Subdivision Control Ordinance which would require at a future date the
development of the subject real estate by means of the extension of municipal
sewer and water.
12. The Owner agrees to make Developer donations in conformance with the
Developer Donation ordinances of the City in effect at the time such property
or any portion thereof is platted (recording of final plat.) Any required
t
developer donations may be used for land acquisition, constructing buildings
and building additions, building site improvements and appurtenances and for
any capital or operating expense.
13. As an initial annexation fee installment, it is agreed that the OWNER
shall pay Fifty -Six Thousand Eight Hundred Dollars ($56,800) to the CITY on
the execution of this Agreement. Thereafter, the Owner shall pay additional
annexation fee installments of Five Hundred Dollars per lot upon the first to
happen of the following events:
a) The issuance of a building permit.
b) The expiration of two years from the date of this Agreement.
The fees shall be based upon the 107 lots shown on the attached
preliminary plat of subdivision which is attached hereto as
Exhibit "E".
14. The parties hereto agree that those portions of the real estate
described in Exhibit "A" not under development for residential purposes may be
used for agricultural purposes (excluding animal husbandry) and that said use
shall survive the termination of this Agreement as provided by Statute and in
addition thereto said agricultural use shall be recognized as a legal non-
conforming use within the meaning of the City of McHenry Zoning Ordinance.
15. It is understood and agreed that upon annexation of the aforesaid
real estate, the performance of obligations hereunder shall be the respon-
sibility of the McHenry State Bank, as Trustee under the provisions of a
Trust Agreement dated the 11th day of January, 1989, and known as Trust No.
4562, and its sole beneficiary, DONALD L. GERSTAD, and their successors and
assigns.
16. If, during the term of this Agreement, any existing, amended,
modified or new ordinances, codes, or regulations affecting the zoning, sub-
division, development, construction of improvements, buildings or appurtenan-
ces, or any other development of any kind or character upon the subject real
estate, are amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon properties within the
City, then the benefit of such less restrictive requirements shall inure to
the benefit of the Owner, and anything to the contrary contained herein not-
withstanding, the Owner may elect to proceed with respect to the development
of, or construction upon, the subject real estate upon the less restrictive
amendment or modification applicable generally to all properties within the
City.
17. If during the term of this Agreement, any existing, amended, modified,
or new ordinance, codes, or regulations affecting the development of the pre-
mises, construction of improvements, buildings or appurtenances upon the sub-
ject real estate, are amended or modified in any manner to impose more
restrictive requirements on properties within the City, then the burden of
such more restrictive requirements shall apply to such portions of the subject
real estate for which no application has been made for a building permit, pro-
vided however, that any fees and charges established from time to time by
Ordinances of the City of McHenry, other than annexation fees, applicable
generally to all similar property within the City, shall be applied at the
rate in effect at the time said fees and charges are due and payable.
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Notwithstanding anything heretofore mentioned to the contrary, no such
change or modification of any such Ordinance, code, or regulation shall be
applied during the term of this Agreement so as to affect the zoning classifi-
cation of the subject real estate, and the uses permitted thereunder by the
Zoning Ordinance of the City of McHenry in effect as of the date of this
Agreement, as heretofore provided in Paragraph 19 of this Agreement, and the
annexation fees as stipulated in Paragraph 12 and 13 of this Agreement.
16. This Agreement is binding upon the parties hereto and their respec-
tive successors and assigns for a full term of twenty (20) years commencing
as of the date hereof, as provided by Statute and to the extent permitted
thereby, and it is agreed that in the event the annexation of the Owner's
real estate or the terms of this Agreement are challenged in any Court pro-
ceeding, the period of time during which such litigation is pending shall not
be included in the calculation of said twenty (20) year period.
19. Owner shall, upon request, reimburse the City for all its attorney's
fees, planning consultant's fees, personnel fees and all administrative fees
and costs arising out of and in connection with proceedings relating to the
annexation, subdivision and development of the property herein described.
20. If any provision of this Agreement is declared invalid or illegal,
the remainder of the Agreement shall not be affected thereby.
21. The covenants and agreements contained in this Agreement shall be
deemed to be covenants running with the land during the term of this Agreement
and shall inure to the benefit of and be binding upon the heirs, successors
and assigns of the parties, including the City, its Corporate Authorities and
their successors in office and be enforceable by order of Court pursuant to
its provisions and the applicable Statutes of the State of Illinois.
22. It is agreed that the parties to this Agreement, or their assignees
or successors in title, may enforce and compel the performance of this
Agreement, or any provision thereof, or bring any other action in connection
with said Agreement or the subject premises, either by law or in equity, by
suit, mandamus, injunction, declaratory judgment, or other court procedure,
only in courts of the State of Illinois; no such action may be brought in any
Federal Court.
23. The Owner agrees to request, by letter, a statement from the Illinois
Department of Health indicating that any proposed plats conformed to the
Groundwater Protection Act.
24. The Owner agrees to indemnify the City, its officers, agents, engi-
neers, attorneys, servants and employees (hereinafter referred to as
"indemnities") for all costs., charges, expenses, loss, damages and liability
which may accrue to or be sustained by indemnities, or any of them, on account
of any claim, lawsuit or action made or brought against the indemnities (or
any of them) by third parties, in connection with any matter contained in this
Annexation Agreement, the subdivision and development of the premises as
described in Exhibit "A" or the drainage of water from said premises onto
other lands, including but limited to court costs, attorney's fees, deposition
expenses, witness fees and expenses, judgments, fines, penalties and all other
litigation, post litigation and Appellate review expenses.
ME
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 annexed thereto, all
on the day and year first above written.
ATTEST:
Barbara E�Gilp�in. City C rk
APPROVED AS TO FORM:
City Attorney
CITY OF "McHF-URY
illiam BVsse, Mayor
McHENRY STATE BANK, as Trustee
under Trust No. 4562
r
� �
By:
tR U
T OFFICER
Donald
L. Gerstad
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1: That part of the North Half of the Northeast Quarter of Section 31,
Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the Southeast corner of the North Half of said
Northeast Quarter; thence North along the East line of said Northeast Quarter
799.9 feet; thence West parallel with the South line of the North Half of said
Northeast Quarter 1285.0 feet; thence South parallel with the East line of
said Northeast Quarter 229.9 feet; thence West parallel with the South line of
the North Half of said Northeast Quarter 400.0 feet; thence South parallel
with the East line of said Northeast Quarter 60.0 feet; thence West parallel
with the South line of the North Half of said Northeast Quarter 953.25 feet `to
the W&st line of said Northeast Quarter; thence South along said West line
510.0 feet to the South line of the North Half of said Northeast Quarter;
thence East along said South line 2639.67 feet to the point of beginning, in
McHenry County, Illinois. ALSO
PARCEL 2: The South Half of the Northeast Quarter of Section 31, Township 45
North, Range 8 East of the Third Principal Meridian, (excepting from Parcels 1
and 2 that part described as follows: Beginning at a point on the West line of
the Northeast Quarter of said Section 31, said point being 1313.87 feet North
of the Southwest corner thereof; thence South on said West line, a distance of
553.37 feet to a point; thence East at right angles to the last described
line, at the last described point, a distance of 504.66 feet to a point;
thence North, for a distance of 561.10 feet to a point, said point being
504.72 feet East of the place of beginning; thence West, a distance of 504.72
feet to the place of beginning), in McHenry County, Illinois.
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1-MiBiT 11 E. q
4
1
NORTH
STATE OF ILLINOIS)
COUNTY OF MCHENRY)SS
The disposal of sewage into a private sewer system is hereby
approved as to any•part of the platted land that will not be
..---A A.. . —Klir COwOr cvctom this day of
EXHIBIT 'IF"
SONNENSCHEIN NATH & ROSENTHAL
LOSANGELES
NEW YORK
SAN FRANCISCO
ST LOUIS
WASHINGTON DC
8000 SEARS TOWER
CHICAGO, ILLINOIS 60606 6404 (312) 876 8000
TELEX 25 3526
FACSIMiLP
(312) 876 7934
April 17, 1990 DIRECT LINE
(312) 876-8194
VIA FEDERAL EXPRESS
I
Ms. licki L. Sheppard
Chairman
City of McHenry Plan Commission
1914 North North Avenue
McHenry, IL 60050
Re: Deerwood Estates Subdivision --
Proposed Preliminary Plat
Dear Chairman Sheppard:
Neither Vern Schiller nor I will be able to attend the Plan
Commission's meeting on April 19, and we ask that you and the
Commission consider this letter as our comments on behalf of'
Shamrock Beef Cattle Farm. Shamrock's interests are two -fold:
density and drainage.
Density. It is our position that the proposed density
remains too high. Each lot should be a minimum of 40,000
square feet in area.
Drainage. The recommendations regarding drainage made on
behalf of Shamrock by William Lindley, P.E. regarding Burning
Tree Subdivision in his letters dated February 20, 1990 and
April 3, 1990, which have been distributed previously to the
Plan Commission, apply in principle to the proposed Deerwood
Estates Subdivision, as well. The Lindley recommendations are
as follows:
1. Require pumping -in tests to verify subsurface
percolation rates of the existing materials.
SONNENSCHEIN NATH & ROSENTHAL
Ms. Vicki L. Sheppard
April 17, 1990
Page 2
2. Provide an identifiable surface overflow spillway for
each dry well location. This overflow facility must
have, at minimum, one foot of freeboard.
3. Require Record Drawings to verify that correct
topographic adjustments have been completed. These
drawings must also serve as a record to allow checks
for settlement or illicit earthwork to be made in the
future.
4. Ensure that all construction is accomplished in
accordance with the guidelines provided in the
Illinois Procedures and Standards for Erosion and
Sediment Control.
5. Implement a municipal or homeowners requirement for
routine cleaning, inspection, and maintenance of the
sediment traps that prevent silt from entering the dry
well.
6. Ensure that construction of the depression and dry
well drainage systems is accomplished as the initial
program of land development and that erosion mats are
installed on disturbed earth where the slope exceeds
20% until a good stand of turf is established.
7. The pumping -in tests for the dry well locations should
be deferred until after the earthmoving has been
completed for any particular phase of the project.
This schedule will relieve the developer of the
hardship that he would otherwise experience due to a
requirement that he construct the detention areas long
before they are required. The pumping -in tests should
be conducted over a longer period of time than the
full-scale tests in order to obtain a better record of
soil conditions. When this information on
transmissivity is available, it may be possible to
reduce (or necessary to require an increase in) the
number of dry well installations that are utilized in
each detention basin. While these tests need not be
included in Phase I requirements, and can be properly
deferred until the latter phases of construction are
scheduled, testing should not be forgotten. When the
earthwork for later construction phases is in
SONNENSCHEIN NATH & ROSENTHAL
Ms. Vicki L. Sheppard
April 17, 1990
Page 3
progress, the pumping -in tests should be scheduled and
notification given so that witnessing and recording of
data is possible.
These recommendations from a professional engineer are the
minimum requirements for protection of Shamrock Farm as the
downstream land owner. The Lindley recommendations should be
,incorporated into any recommendation for approval of the
preliminary and final plats for Deerwood Estates.
Thank you for your attention to and consideration of our
concerns in this regard.
Very truly yours,
Susan G. Connelly
cc: Donald Gerstad (w/2-20-90 and 4-3 -90 Lindley letters)
Bernard Narusis, Esq.
Andy Halik
Vern Schiller
Gerald J. Sherman, Esq.
0363d
9200 S. Kingery Road
o Hinsdale, Illinois 60521-6848
(312)325-8190
Susan G. Connelly
SONNENSCHEIN, CARLIN, NATH & ROSENTHAL
8000 Sears Tower
Chicago, IL 60606-6404
Re: Burning Tree/McHenry, IL
Dear Ms. Connelly:
LINDLEY0SONS,
INC.
April 3, 1990
Following our discussion on April 2, 1990, I was contacted by John Smith of Smith Engineering, and
the developer of Burning Tree. They were interested in my recommendations concerning the
pumping -in tests to verify and explore the ability of the underlying soils to percolate storm water
into the subsurface groundwater.
The full-scale test that was requested and witnessed by the City's consultant was certainly adequate
for the location selected. It was, however, quite expensive and provided little technical information
on the capacity of the subsurface soils other than that all of the water disappeared very rapidly.
The problem presented by our client, the Shamrock Beef Cattle Farm, is that this full-scale test did
not occur in the locations that will affect his property.
It is my recommendation that the pumping -in tests for the remaining dry well locations be deferred
until after the earthmoving has been completed for that phase of the project. This schedule will
relieve the developer from the hardship that he would otherwise experience due to a requirement
that he construct these remaining detention areas long before they are required. The pumping -in
tests should be conducted over a longer period of time than the full-scale tests in order to obtain a
better record of soil conditions. When this information on transmissivity is available, it may be
possible to reduce (or necessary to require an increase in) the number of dry well installations that
are utilized in each detention basin.
Our client is concerned that the water introduced into the subsoil by these dry wells will migrate out
of the ground onto his property which is located south and downstream of the detention basins.
While a pumping -in test cannot guarantee that this will not happen, the results will provide an
indication that some problems might occur before they actually develop, allowing time to address
alternative methods of solving the drainage problems.
In any event, these tests need not be included in Phase 1 requirements but can be properly deferred
until the latter phases of construction are scheduled. However, this deferred schedule for testing
should not be forgotten about. When the earthwork for Phases 2 and 3 is in progress, the tests
should be scheduled and notification given so that witnessing and recording of data is possible.
CIVIL ENGINEERING • DRAINAGE/STORM WATER MANAGEMENT • SITE PLANNING/DESIGN 0 LANDSCAPE ARCHITECTURE
MUNICIPAL INFRASTRUCTURE ENGINEERING • LAND DEVELOPMENT PLAN REVIEW 0 FORENSIC ENGINEERING
Burning Tree/McHenry, IL
Page 2/April 3, 1990
This requirement for additional testing should still be considered as a condition of final engineering
approval, however.
I trust this correspondence will allow the authorities to proceed with the engineering plan approval
for Phase 1 of Burning Tree. Should any questions arise regarding this subject, please contact this
office.
Sincerely,
LINDLEY & SOM4z, INC.
r �
�r
R. W. Lindley, P.E.
cc: Shamrock Beef Cattle Farm
Smith Engineering
Baxter & Woodman
RWL/sah
9200 South Kingery Road
4 Hinsdale, Illinois 60521-6848
(708) 325-8190
Fax (708) 325-8643
Susan G. Connelly
Sonnenschein, Carlin, Nath & Rosenthal
8000 Sears Tower
Chicago, IL 60606-6404
Re: Burning Tree Subdivision
Dear Ms. Connelly:
LINDLEYOSONS,
INC.
February 20, 1990
As requested, I have reviewed the final engineering improvement plans for development of the
Burning Tree subdivision in McHenry, Illinois. These plans, dated 10-2-89 and bearing the latest
revision date of 1-5-90, were prepared for Talisman Properties by Smith Engineering Consultants.
The primary purpose of this review was to determine the impact which this development would
have on the adjacent property, operated as the Shamrock BeeJ Cattle Farm. A sketch of these two
entities is provided on sheet 1 of 3 in the calculations that can be found in the appendix.
Soils in this section of McHer-ry County, Illinois, are noted for large, coarse gravel de osits in the
"B" and "& horizons. This is verified by the Report of Geotechnical Invests aP tion from Soil &
Material Consultants (SMC), dated October 6, 1989. The A horizon soils are identified b
he
U.S. Department of Agriculture/Soil Conservation Service as being predominantly in hydrologic
group 'B". These soil groups undergo a somewhat dramatic change during urbanization even
though the recommended runoff curve numbers (RCN) change very little, if at all, from agricultural
uses (such as small grain or row crops with average crop residue remaining). This dramatic change
is the result of providing specific locations for storm water flow channels corresponding to an
efficient removal process for surface storm water from the area undergoing urbanization. While
the effect on storms of record (5, 10, 50, and 100 year events) is limited, the routine storms
throughout the year tend to produce a greater and more frequent flow of water in the downstream
reaches of the watershed.
SMC reports that a very coarse gravel deposit exists in this area with no more than a 15 foot thick
overburden above it. To overcome the frequent accumulation of storm water from this change in
land use, the design engineer has selected a standard dry well construction for installation at the
termination of all storm sewers and drainage swales in the Burning Tree project. In addition to
these dry well facilities, a depression is formed to temporarily accommodate the accumulation of
storm water that exceeds the accelerated rate of percolation into the soil. The combination of
temporary storage and enhanced percolation into the ground water has proven very successful in
numerous sections of McHenry County in counteracting the effects of a change in use from
agricultural to urban residential.
Examination of the Location Map on sheet 1 of 3 of the calculations will find seven (7) of these dry
well depressions that are planned to regulate the flow of storm water from the Burning Tree
subdivision onto the Shamrock Beef Cattle Farm. Subbasins 1A, 2A, and 7 will regulate the flow of
CIVIL MUNIC PALrINFRADRAINAGE/STORM
ENGINEERING • LAND DEVELO MENT PLAN REPLANNING/DESIGN
VIIEW • FOREIC ENGINEERINGARCHITECTURE
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Burning Tree/McHenry, IL
Page 2/February 20, 1990
storm water that will pass through a limited amount of intermediate waterway before it reaches the
a Shamrock property. The discharge from depressions that control the flow from subbasins 3, 4, 5,
and 6, will directly impact the area of the Shamrock Beef Cattle Farm that is adjacent to the
Burning Tree development.
i
The analysis of the seven subcatchments that will regulate surface water flow across the Shamrock
Beef Cattle Farm was accomplished in exactly the same manner as prescribed in the U.S.
Department of Agriculture/Soil Conservation Service Technical Report No. 55. The depression
floodrouting was performed using the Modified PULS routine. The quantity of surface water
entering the groundwater through the soil increases as a result of the covering of a larger area of
these depressions along with increased pressure from the depth of water above the dry, well. In
order to more accurately determine the operation of each subcatchment depression, the surface
_ overflow route is restricted to form a five and ten foot wide path at the point of overflow which will
regulate the depth of flow and accurately predict the volume and height of storm water flow, should
this occur. This overflow spillway is an important feature and should be provided at all seven dry
well locations.
In order to provide a clear understanding of the manner in which each of these facilities operate
under the conditions of a 100 year storm event, the following comments are provided.
Subcatchments IA and 2A
Am Storm water from these two watersheds must flow across approximately 150 feet of waterw,, y prior
to entering the Shamrock Beef Cattle Farm. Since the rate of storm water flow will be much the
same before and after development (no change in RCN values), the only provision is the
construction of a dry well to return any low flow ground water in the storm sewer to the subgrade
soil. Because of this interval of offsite flow, there will be little noticeable change in the drainage
characteristics where this waterway enters the Shamrock Beef Cattle Farm property at the west
property line, approximately 3000 feet north of Draper Road. Some degree of change will occur in
the area immediately south of the Burning Tree project where urbanization will result in an
increase in the frequency of surface flow in the natural waterway. If further urbanization is planned
in this location, additional depression storage potential should be provided at these two locations.
Subcatchment 3
The planned installation of both depression storage and dry well percolation into the ground water
will accommodate all estimated urban storm water accumulations. While a specific overflow
location is recommended, through increasing the overflow berm to produce a five foot wide
spillway as opposed to the 15 foot spillway that is scaled on the plans, this storm water management
program will prevent any alteration of drainage which crosses the Shamrock Beef Cattle Farm.
Subcatchment 4
This program represents the largest subcatchment and one which also accommodates surface
runoff from offsite sections of the dominant property north of Burning Tree. No additional land
should be encumbered, except to extend the level of earth at an elevation of 918 in order that a five
0
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Burning Tree/McHenry, IL
Page 3/February 20, 1990
foot wide spillway at elevation 917 is clearly formed. This will ensure that a degree of storm water
control is afforded any accumulation of rainfall excess that may occur during a precipitation event
that exceeds the 6.5 inches chosen for design of a 100 year runoff condition.
Subcatchment 5
Adequate storm water storage potential is available to ensure that the effects of urbanization are
not transferred to the servient property of the Shamrock Beef Cattle Farm. Again, however, to
ensure against undirected surface overflow, the 920 elevation should be extended to form a five-
M foot wide spillway at elevation 919.0 to regulate downstream flow in the event that more than 6.5
V inches of rainfall occurs within a 24 hour period.
Subcatchment 6
This limited watershed is adequately provided with storm water facilities to protect the Shamrock
Beef Cattle Farm from any adverse effects resulting from the Burning Tree development. The
depression will be formed primarily through excavation whereby the temporary storage of rainfall
excess will occur below the normal ground surface. However, to ensure that surface overflow is
given proper attention, the earth at an elevation of 619 should be extended to form a five foot wide
spillway at an elevation of 618.
Subcatchment 7
Storm water discharge from this subwatershed will function similarly to that from subcatchments
IA and 2A, where surface runoff will flow over intervening property prior to entering the Shamrock
Beef Cattle Farm. Although adequate storage is available, as in other instances, a more defined
surface overflow spillway should be provided.
Protect Review
1. The design of the surface drainage for the Burning Tree subdivision has been accomplished in
such a manner that no ill effects should be experienced by servient landowners, which include
the Shamrock Beef Cattle Farm. Utilization of a dry well to percolate the low flow from
subsurface storm sewers has been relatively successful in this section of McHenry County.
The existence of a shallow gravel deposit will assure the successful operation of these dry
wells. The SMC report indicates an estimated transmissibility factor or rate at which water
can be absorbed into the soil (0.2 - 0.5 foot/second).
7
The permeability of subgrade materials is influenced by numerous factors including density,
unit weight, grain or particle size, and arrangement. According to Harry R. Cedegren', this
7 permeability should be determined by test, not from these other properties.�A laboratory test
for permeability using the constant head or falling head permeameter2 on undisturbed
'Seepage, Drainage and Flow Nets, John Wiley & Sons, New York, 1967.
2Terzaghi & Peck, Soil Mechanics in Engineering� Practice, John Wiley & Sons, New York, 1948.
Burning Tree/McHenry, IL
Page 4/February 20, 1990
samples would be quite difficult due to the nature of obtaining a relatively undisturbed sample
of the subgrade. The pumped well procedure to measure the flow of fluid in porous media
has been thoroughly researched by several agencies3 and generally relies on the existence of a
water surface located a limited distance below the ground surface. The report by SMC
indicates that this ground water will be, at best, , much lower than thirty feet below the
surface, since all test holes were found dry after the investigation of soils. The permeability of
this upper layer of soil should be evaluated as it will impose the most influence on dry well
capacity.
4
Pumping in tests with open end borings or the use of a packer to select the strata to be tested
are considered to provide reliable results when conducted by experienced persons. Results
from improperly performed tests can be highly misleading. These tests are made by
maintaining a constant head by the addition of clear water through a measuring device.4 It is
strongly recommended that a representative location be selected and that a pumping in test of
the subsurface soil be used to measure and record the co -efficient of permeability in the
subsurface gravel layer beneath the Burning Tree subdivision.
2. Except for subcatchments 1A and 2A, adequate temporary storage volume exists to
accommodate excess rainfall accumulations from a precipitation event, including an event for
which the probability of occurrence is one percent annually (100 year storm). It is essential
that a specific location be provided at each detention location for a surface overflow spillway
that has a five foot width and a minimum height difference of one foot to regulate the flow
from storms for which the probability of occurrence is less than one percent annually. This
will also ensure the existence of some freeboard which will provide time to correct any
deficiency that may occur in the dry well. These deficiencies are most commonly a result of
reduced transmissibility due to silt and sediment clogging the porosity of the gravel layer.
3. The proposed grading and drainage program is planned to direct surface runoff into all of the
storm water management facilities. It is critical that this grading program be actively
investigated during construction to ensure that an inadvertent by-pass does not occur., to the
detriment of the servient property. It is also imperative that the configuration of these storm
water facilities be re-examined five to ten years after construction to ensure that the proper
grading still remains to control the runoff from each subcatchment.
Most communities now require that Record Drawings be submitted in connection with a
change in land use. This matter requires special attention with regard to Burning Tree in
order to ensure that a permanent record of the altered topography is provided following
construction. The Record Drawings would be used in the future for examining natural or
inadvertent alterations in the level of storm water control that is to be provided by the
proposed topographic changes. Special attention must be given to the details of the Record
Drawing, ensuring that accurate topographic data are included with easily located spot
3Wenzel, U.S. Department of the Interior, Geological Survey, 1942.
4Designation E-18, U.S. Bureau of Reclamation (1960) (1965).
IN
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Burning Tree/McHenry, IL
Page 5/February 20, 1990
elevations that can be readily reproduced to check for settlement, consolidation, subsidence,
or inadvertent soil movement.
4. In my opinion, the plans for Burning Tree, if fully implemented, will provide adequate
facilities to protect the Shamrock Beef Cattle Farm from any adverse drainage affects
resulting from urbanization of the dominant property. Construction of all of the storm water
regulating structures and dry well facilities must be part of the initial construction program in
order to achieve effective downstream storm water control. Acceptable erosion and sediment
control procedures, in accordance with the Illinois Procedures and Standards for Urban Soil
Erosion and Sedimentation Control, must be implemented to ensure that the dry well features
remain operational and efficient during the construction of public facilities and homesites.
In that all of these depression storage and dry well facilities are to be located on portions of
private homesites, it is essential that some form of enforceable maintenance program be
established. Initially, these facilities will most likely perform acceptably. However, over a
period of several decades they may be altered by the homeowner to better serve his needs,
albeit to the detriment of servient properties. Easements for drainage purposes should be
established to encompass the.entire extent of the storage facility. Access to this detention/dry
well facility through an easement to allow maintenance by the municipality will be a primary
requirement. Since these easements will most likely follow property lines, the placement of
vegetation must also be restricted as not to block this access route. An ordinance requiring
dry well maintenance, similar to the noxious weed ordinance, should be adopted to encourage
the private landowners to maintain and inspect these facilities on a routine 'basis. As
previously stated, the primary cause of dry well failure occurs as a result of sediment inflow
and build-up that blanks off or plugs the pores in the soil.
Routine cleaning is required of the sediment traps installed to reduce the amount of
suspended solids that remain in the surface runoff being percolated into the soil. This
requirement is not usually part of a residential maintenance program as are grass cutting,
shrub trimming, and the occasional rodding of a plugged sewer. While proper dry well
maintenance will provide rear yard drainage and improve availability of underground water
to supplement the public water supply wells, these benefits are often not of specific interest to
an individual homeowner. This limited interest is especially true when not all homes in the
subdivision are encumbered with a rear yard dry well that requires special attention.
In the absence of a municipal maintenance program, the establishment of a homeowners
group to spread the cost of maintaining the storm water injection system over all residential
units should be a requirement of project approval. Restrictions on regrading, filling,
excavation or installation of additional subsurface drains within this dry well easement should
be included with the deed to each property in Burning Tree. In the future, even a
municipality may lose sight of the fact that these dry wells and detention depressions
constitute an integral part of the storm water drainage system. They must be considered
comparable to valves and hydrants on the water distribution system, and manholes on the
wastewater collection system.
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Burning Tree/McHenry, IL
Page 6/February 20, 1990
Summary
1. Require pumping in tests to verify subsurface percolation rates of the existing materials.
2. Provide an identifiable surface overflow spillway for each dry well location. This overflow
facility must have, at minimum, one foot of freeboard.
3. Require Record Drawings to verify that correct topographic adjustments have been
completed. These drawings must also serve as a record to allow checks for settlement or
illicit earthwork to be made in the future.
4. Ensure that all construction is accomplished in accordance with the guidelines provided in the
Illinois Procedctres and Standards for Erosion and Sediment Control.
5. Implement a municipal or homeowners requirement for routine cleaning, inspection, and
maintenance of the sediment traps that prevent silt from entering the dry well.
6. Ensure that construction of the depression and dry well drainage systems is accomplished as
the initial program of land development and that erosion mats are installed on disturbed
earth where the slope exceeds 20% until a good stand of turf is established.
Should any questions arise regarding this subject, please contact this office.
1! Sincerely,
LINDLEY c60$S, INC.
r /
R. W. Lindley, P.E.
enclosures
RWL/srg