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HomeMy WebLinkAboutOrdinances - O-90-564 - 10/03/1990 - AUTHORIZE ANNEX AGMT MOBIL OIL PROPERTY NO CORNER9OR 039967 cN\ObIL
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0-90-564
AN ORDINANCE PROVIDING FOR THE APPROVAL
OF A PROPOSED ANNEXATION AGREEMENT BETWEEN
THE CITY OF McHENRY, MCHENRY COUNTY,
ILLINOIS, AND McHENRY STATE BANK AS
TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT
DATED AUGUST 1, 1988 AND KNOWN AS TRUST # 4438
RECEIVED
S E P 27 1990
CITY ®f, MCHEW
WHEREAS, the McHENRY STATE BANK, as Trustee under the provisions
of a Trust Agreement dated August 1, 1988 and known as Trust No. 4438 is the
record -owner of a certain 6.00 acre parcel of real estate located at the
Northeast 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:
SECTION 1: The Annexation Agreement bearing the date of October 3,
, 1990 by and between the City of McHenry, a Municipal
Corporation in the State of Illinois, and the McHENRY STATE BANK as Trustee
under the provisions of a Trust Agreement dated August 1, 1988 and known as
90-'3-1011
IMIZ) Hk_1AZrA'WAN 1, lliauC Cu lu C1ll CL cu 11tt.v LA t1J --- .._j -_
October , 1990, 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 City Council (hereinafter referred to collectively
as "Corporate Authorities"), and the McHENRY STATE BANK as Trustee under the
provisions of a Trust Agreement dated August 1, 1988 and known as Trust No.
4438 (hereinafter referred to as "Owner").
W I T N E S S E T H
WHEREAS, McHENRY STATE BANK as Trustee under the provisions of a
forth;
WHEREAS, the Corporate Authorities after due and careful
consideration have concluded that the annexation of said parcel 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 (1989),
as amended, a proposed Annexation 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 ArLjz�als on the requested
zoning classification of said parcel and the recommendation made by the Zoning
Board of Appeals on the requested zoning classification of said parcel 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 t;.c requested amendment
to the Comprehensive Plan of the City of McHenry for said parcel and the
recommendation made by the Plan Commission was submitted to the Corporate
Authorities;
WHEREAS, the City of McHenry does not provide fire protection or a
public library and therefore no notice is required to the districts providing
those services to the land.
WHEREAS, the land proposed to be annexed cbes not include any
roads or road right-of-ways under the jurisdiction of any township and
therefore no notice is required to be given to any township.
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
-2-
g8-43-1814
9©R 03990
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 with the
provisions of Section 11-15.1-1, et. seq. of the Illinois Muncipal Code,
Chapter 24, Illinois Revised Statutes (1989), 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 (1989), as amended, in regard to publicaticn 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 the land to the City of McHenry, Illinois, upon certain
conditions hereafter described in this Agreement.
5. The Corporate Authorities, upon execution of this Agreement,
shall enact an Ordinance annexing the aforedescribed Parcel which includes all
adjacent streets and highways as required by law.
6. 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 rezone and reclassify said
aforementioned Parcel into two tracts, being Tract One and Tract Two as
depicted on Exhibit "A", attached hereto and made a part hereof, as follows:
Tract One: From "A-1" Agricultural District to "C-1" Convenience
Commercial District with a Conditional Use to permit operation of
a petroleum dispensing station and convenience store with a car
wash (auto laundry) to be operated as an accessory building and
the automatic car wash facility being limited to the hours between
7:00 A.M. and 9:00 P.M. Monday through Saturday and between 8:00
A.M. and 6:00 P.M. on Sunday. The automobile laundry shall not
operate unless the doors are closed. A variance of the terms of
Article III, Paragraph I of the Zoning Ordinance of the City of
McHenry shall be granted to permit the location of an automobile
service station within 600 feet of another automobile service
station.
Tract Two: From "A-1" Agricultural District to "C-1" Convenience
Commercial District.
-3- 90-43- 1815
7A. The improvements on Tract One shall be located thereon
substantially as depicted on the Mobil site plan, a copy of which is
attached hereto, marked Exhibit "B" and made a part hereof.
7B. A site plan and building plans for Tract II shall be
submitted by the owner to the City Council and the owner shall not receive a
building permit for Tract II until the site plan and building plans for said
tract has been approved by the City Council.
8A. A Landscaping and sign plan for Tract One and Tract Two shall
be submitted by the Owner to the City and the Owner shall not be entitled to
receive a building permit for the tract for which a building permit is sought
until a landscape plan and sign plan for such tract has been approved by the
City Council. The Owner is obligated to install the landscaping pursuant to
the plan approved by the City prior to the issuance of an occupancy permit for
each tract.
8B. The owner shall also, to the extent authorized and permitted
by the unit of government with jurisdiction over the Bull Valley Road right of
way, landscape and maintain that part of the right of way lying between the
north line of the paved area of the right of way and the property being
annexed.
9. The City agrees to enact simultaneously with the execution of
this Agreement, an Ordinance or Ordinances amending the "City of McHenry
Comprehensive Plan, as amended" so as to classify said property as set forth
in Paragraph 6 hereof.
10. In the event that water and sewer facilities are not
available to the above -described property at the time Owner requests building
permits from the City, the Owner may construct private wells and septic
systems on each tract in accordance with all legal requirements for
installation of the same. The well and septic systems shall be for the
temporary use of Owner and the use shall terminate when municipal water and
sanitary sewer services have been installed, or two (2) years after the date
of this annexation agreement, whichever occurs first.
11. Pursuant to the terms and provisions of an Annexation
Agreement
between the City and Amoco
dated August
2,
1989, Amoco is obligated
to extend
the Municipal Sanitary and
Water Mains
to
the premises located at
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93-43-1816
the Southwest corner of Bull Valley Road and Crystal Lake Avenue. In
furtherance of such sewer and water main extension, which will also service
and benefit the subject premises, the owner herein shall dedicate to the City
such unencumbered easements as the City may specify, and shall, in addition
thereto, pay one-half (1/2) of all easement acquisition and or eminent domain
costs and expenses and also one-half (1/2) of the Amoco contract cost in
connection with such sewer and water main extensions at such times that any
sums are payable thereunder, including any down payment or earnest money
deposit.
In the event that said sewer or water main extensions are not
installed by Amoco as aforesaid, Owner shall be obligated to install such
sewer and/or water main extensions, at its costs, within two years from the
date of this Annexation Agreement in accordance with plans and specifications
approved by the City. City agrees that owner shall be entitled to recapture
one-half of the contract costs in connection with such sewer and water main
extensions and easement acquisitions and/or eminent domain costs from Amoco at
such time that Amoco connects to such sewer or water mains, plus interest
thereon at the rate of 10% per annum from the date said facilities have been
accepted by the City until connection is sought thereto by Amoco.
12. When the water main and sanitary sewer lines have been
extended as set forth herein, the Owner shall then disconnect from the
temporary well and septic and shall connect to the municipal water and
sanitary facilities.
13. The City of McHenry agrees, pursuant to Chapter 24, Section
9-5-1 of Illinois Revised Statutes (1989) as amended, to execute a recapture
agreement with the Owner for the owners 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 main
extensions as described herein, (by excluding said amount payable by Amoco
pursuant to Paragraph 11 hereof) and charges of such facilities, together with
interest thereon from the date said facilities have been accepted by the City
until connection is sought thereto by the benefited third parties at the rate
of ten percent (10%) per annuer+, when and as collected from such owners during
the next ten (10) years. Such recapture agreement shall describe the property
-5-
80-43-i8i?
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 recapture fees charged to the owners of property not within
the premises shall be collected by the City at the time application is made to
the City to connect to and use the facilities by the respective properties of
each owner. The City of McHenry agrees that no benefited 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 (1989) , as amended.
14. The Engineers of the City of McHenry shall determine the
service area and the identity of properties potentially benefited 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 tracts.
15. The Owner intends to subdivide the property into two lots of
approximately the size and configuration of Tract One and Tract Two as
described in Exhibit "A" attached to and made a part of this agreement,
provided all subdivision and zoning requirements of the City are met by the
Owner, except that the owner shall have the right to submit its proposed
preliminary and final Plat of Subdivision to the Plan Cojanission for its
simultaneous review and recommendation followed thereafter by the simultaneous
consideration and action thereof by the Mayor and City Council.
16. The owner shall upon the annexation of the property, dedicate
the following parts of the property to the City for use as road right-of-way,
and municipal and public utilities, to -wit:
A. The Northerly 30 feet.
B. Any part of the property along the Southerly boundary lying
within 50 feet of the center line of Bull Valley Road.
C. Any part of the property along the Westerly boundary lying
within 40 feet of the centerline of Bull Valley Road. The form of
Dedication shall be approved by the City.
17. The Owner shall be permitted to install one monument type
-6-
9G-43- 1818
sign on Tract 1, subject to review and approval of the McHenry City Council
pursuant to the provisions of Paragraph 8 hereof.
18. The Owner shall be permitted to install one monument type
sign along Crystal Lake Road and one monument type sign along Bull Valley Road
for Tract 2, subject to review and approval of the McHenry City Council
pursuant to the provisions of Paragraph 8 hereof.
19. The Owner shall pay the City the cost of sidewalk
installation upon the property. Payment shall be made upon annexation of the
property at the rate then in effect by the City. The time and manner of
installation of the sidewalk by the City shall be at the City's sole
discretion.
20. No park, library or school donation shall be required by
reason of the annexation of the subject parcel, except that in the event some
part of the property is rezoned and used for residential purposes, such
school, park and library donations shall be paid pursuant to City Ordinances
then in effect.
21. No change or modification of any ordinance, code or
regulation shall be applied during the term of this Agreement so as to affect
the zoning classification of the subject property 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.
22. The terms, conditions and covenants of this agreement shall
be binding upon the parties hereto and their successors and assigns for the
period of twenty (20) years from the date hereof or any amendments hereof, and
for such additional period or periods as may be permitted by statutes, as
hereinafter amended, or by valid ordinances of the City.
23. The Owner shall pay to the City all filing fees and costs
associated with the annexation proceeding as set out in the City Ordinances as
of the date of filing the Petition for Annexation and in addition thereto, an
Annexation fee of $10,000.00. Said fees shall be paid upon the completion of
the annexation and zoning of the subject premises.
-7- 90-43- { 819
24. It is understood by the parties hereto that minor changes,
modifications, or deviations from the plan of development submitted hereunder
may be necessary in order to solve engineering layout and design problems or
other problems not reasonably foreseeable at this time.
25. Except as otherwise provided in this Agreement, if, during
the term of this Agreement, the provisions of the existing ordinance and
regulations which may relate to the development, subdivision, construction of
improvements, buildings, appurtenances, and all other development of any kind
and character on the property, are amended or modified in a manner so as to
impose more stringent requirements in the development, subdivision or
construction referred to therein, then such increased requirements shall be
applicable to the property in question.
26. Except as otherwise provided for in this Agreement, if,
during the term of this Agreement, any existing, amended, modified, or new
ordinance, codes or regulations affecting the zoning, subdivision,
development, construction of improvements, buildings or appurtenances, or any
other development of any kind or character upon the property, are amended or
modified in a manner to impose less restrictive requirements on developments
of, or construction upon, properties within the City, then the benefit or such
less restrictive requirements shall inure to the benefit of the Owner.
27. The City and the Owner may, by mutual consent, amplify,
modify or otherwise agree to other terms and conditions than those set forth
within this Agreement.
28. This Agreement shall inure to the benefit of and be binding
upon the assignees and successors in title of the Owner and upon successor
Corporate Authorities of the City. The Owner and his assignees and successors
in title shall be permitted to complete any project that has been previously
approved by the City and that is underway at the time of the expiration of
this Agreement or any extensions thereof, in accordance with the provisions
hereof. Any application for final plat approval that is pending at the
expiration of the Agreement shall be entitled to approval, providing that all
subdivision zoning and other ordinances are complied with.
29. In the event that any one or more provisions of this
Annexation Agreement or ordinances or resolutions arising therefrom do not
-8-
98-43-1820
9OR 0399,67
comply with any one or more provisions of the Illinois Revised Statutes, court
decisions, or other rules, requirements and regulations of the agencies,
boards of governmental units having Jurisdiction thereon, the City agrees to
fully cooperate with the Owner, his assignees or successors, to effectuate
compliance or obtain modification of such provisions which shall include, but
not be limited to, the passage of ordinances or resolutions to accomplish
modification or compliance with such applicable provisions, ordinances, rules,
regulations or Illinois Statutes and court decisions, provided, however, that
the owner shall first comply with the City's retained personnel ordinance
regarding reimbursement of the city cost.
30. It is specifically understood and agreed that, subject to
compliance with the provisions of the City's Subdivision Ordinance, the Owner
shall have the right to sell, transfer, mortgage and assign all or any part of
the subject property and the improvements thereon to other persons, firms or
corporations for investment, building or development and sale purposes, and
that such persons, firms, or corporations shall be entitled to the same rights
and privileges and shall have the same obligations as the Owner has under this
Agreement. Provided, however, that undertakings or guarantees specifically
made hereunder by any party shall continue in full force and effect and shall
not be affected insofar as the City is concerned by any sale, transfer or
assignment of any interest in the subject property or any part thereof.
31. The provisions of this Agreement shall be deemed to be
separable, and if any section, paragraph, clause, provisions or item of this
Agreement shall be held invalid, the invalidity of such section, paragraph,
clause, provision or item shall not affect any other provisions of this
Agreement.
32. 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.
33. The Agreements contained herein shall be considered covenants
running with the land described herein.
-9- 90-43 - s 021
IN WITNESS WHEREOF, the parties have hereunto caused this
Agreement to be duly executed the day and year first above written.
ArffkEST:
CITY OF McHENRY, an Illinois Municipal
Corporation
B
Y
Mayo
McHENRY STATE BANK, as Trustee under the
provisions of a Trust Agreement dated
August 1,1988 and known as Trust # 4438
By -
title: G ULD IM-
ATTEST: ff"Ist Officer
Title:
WILL. !.
Ti,
-10-
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