HomeMy WebLinkAboutOrdinances - O-94-656 - 05/09/1994 - AUTHORIZE ANNEX AGMT HAYSTACKS MANOR6/6ryaF
ORDINANCE NO. 0_94-656
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AN ORDINANCE APPROVING THE ANNEXATION AGREEMENT
AND AUTHORIZING EXECUTION OF AN
ANNEXATION AGREEMENT FOR HAYSTACKS MANOR
BE IT ORDAINED by the City Council of the CITY OF McHENRY, McHenry County,
Illinois, as follows:
SECTION 1: That the Mayor be, and is hereby authorized and directed to execute, and
the Clerk is authorized and direct to attest, duplicate original copies of an Annexation Agreement
by and between the City of McHenry and David A. Kruk, a copy of which is attached hereto
and made a part hereof.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Locke, Baird, Lawson, Bates, Cuda
Voting Nay: None
Absent: None
Abstain: None
APPROVED:
(SEAL) Mayor Steven J. Cuda
ATTJ 1
City Clerk, P mala J. AI ff
Passed: May 9. 1994
Approved: May 9, 1994
Published: May 10, 1994
F:U{ARYN1Z0NI4GIKRUK\KRUK.0AG
94-45-0064 3.5
Draft 8 - 6/6/94f
3
4 HAYSTACKS MANOR
5 ANNEXATION AGREEMENT
6
7 THIS AGREEMENT made and entered into this Cl day of W ,
8 1994, by and between the CITY OF McHENRY, "City," a Municipal Corporation, in the
9 County of McHenry, State of Illinois, and DAVID A. KRUK, hereinafter referred to as
10 "Owner".
11 Recitals
12 A. The Owner holds fee simple title to the parcel of real estate legally described on
13 Exhibit "A" attached hereto and made part of this Agreement by reference, containing
14 approximately 4 acres, hereinafter referred to as the "Property".
15 B. Owner filed with the City Clerk a Petition for Annexation of the Property to the
16 City, conditioned upon the terms and provisions of this Agreement, which Petition has been filed
17 in accordance with 65 ILCS 5/7-1-8 and the Ordinance of the City.
18 C. The Property is located on the South side of Bull Valley Road, approximately
19 1,000 feet West of the intersection of Bull Valley Road and Crystal Lake Road in the
20 unincorporated portion of McHenry County adjoining and contiguous to the City.
21 D. The property is presently improved and has no electors residing thereon.
22 E. The Property is presently zoned "A-1" Agricultural under the McHenry County
23 Zoning Ordinance.
24 F. Owners have filed with the City Clerk a Plat of Annexation of the Property, which
25 Plat is attached hereto as Exhibit "B" .
26 G. The Property constitutes territory which is contiguous to and may be annexed to
27 the City as provided in 65 ILCS 5/7-1-1, et seq.
Annexation Agreement, Page 1
3.6
94-45-0065
1 H. The Owner desires to have the Property annexed to the City upon the terms and
2 conditions provided herein and the City, after due and careful consideration, has concluded that
3 the annexation of the Property to the City under the terms and conditions hereinafter set forth
4 will further the growth of the City, enable the City to control the development for the area and
5 serve the best interests of the City.
6 I. Pursuant to 65 ILCS 5/11-15.1-1, et seq., a proposed annexation agreement was
7 submitted to the City, and a public hearing was held thereon.
8 J. The City does not furnish fire protection or library services. Portions of Bull
9 Valley Road, abutting the Property to the North are currently under Nunda Township jurisdiction
10 and notice, pursuant to 65 ILCS 7-1-1, has been provided.
11 NOW, THEREFORE, in consideration of the covenants and conditions herein contained,
12 IT IS HEREBY AGREED AS FOLLOWS:
13 TITLE I
14 OBLIGATIONS OF THE CITY
15 I. ANNEXATION.
16 The City shall enact the proper ordinance annexing the Property and attach Exhibit "B"
17 (the Plat of Annexation) to said ordinance. The ordinance shall be effective immediately upon
18 its passage. A copy of said ordinance shall be filed in the Office of the County Clerk of
19 McHenry County and recorded in the McHenry County Recorder of Deed's Office. This
20 Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void
21 and of no force and effect unless the Property is zoned and classified as provided in this
Annexation Agreement, Page 2 3.6
94-45--0066
1 Agreement by the adoption of ordinances by the City contemporaneously with the execution of
2 this Agreement.
3 II. ZONING and DEVELOPMENT.
4 Upon annexation, the Property shall be zoned "E" Estate District, with a Variation to
5 allow the operation of a restaurant on the property subject to the following terms and conditions.
6 Each of the following conditions shall be deemed material to this agreement and breech by
7 owner of one or more of the following conditions shall constitute grounds for revocation of the
8 use variation granted herein:
9 A) Plans and Specifications: The property shall be developed in substantial
10 compliance, as determined by the City, with the preliminary plans and
11 specifications attached hereto marked Group Exhibit "C" and by this reference
12 made a part hereof. Said Preliminary Plans and Specifications being prepared by
13 James F. Gainnini & Associates, Inc., (Engineers and Architects) being as
14 follows:
15
16 1) Preliminary Site Plan Revision Date 12/28/93
17 2) Main Floor Plan
18 3) East Elevation
19 4) West Elevation
20
21 The preliminary plans and specifications will be adjusted and modified from time
22 to time at the direction of the city to meet all applicable City Code regulations
23 including parking, building, fire, etc. The apartment at the basement level shall
24 be allowed so long as all applicable code regulations are met, said apartment shall
25 be restricted to owner occupied. No building additions exceeding 15% of the
26 combined existing and proposed building will be allowed without City Council
27 approval.
28
29 B) Liquor License: Subject to the applicant properly qualifying for a liquor license
30 pursuant to the City's Liquor Control Ordinance, the owner will be allowed a
31 liquor license allowing the serving of alcoholic beverage for consumption on the
32 premises. There will be no sales of packaged liquor and no live entertainment
33 except as approved by the City Council.
34
Annexation Agreement, Page 3 3.6
94-45-0067,
C) Parking Requirements: All City Code parking requirements shall be met and
there is adequate screening by the existing trees North of the proposed parking
area, as determined by the City.
D) The Owner agrees to save as many existing trees as possible. Attached hereto
marked Exhibit "D" is a tree inventory depicting all trees with a 6" diameter
measured at a height of 54" from the base of the tree which will not be removed
in connection with the construction of the improvements on the premises. The
Owner agrees not to remove any of the trees listed on the tree inventory without
prior authorization from the City Department of Building & Zoning.
E) In the event the property to the East West or South of the subject property is ever
zoned residential, the Owner will comply with the City's screening requirements
for commercial zoning districts, within 6 months.
F) Ingress and Egress off of Bull Valley Road: The Owner has agreed to vacate the
existing entrance road off of Bull Valley Road and put in a new entrance to be
realigned at an approximate location lining up with the section line to the West,
as depicted on Exhibit "C" . The realigned ingress and egress road will be
installed in accordance with the recommendations of the City Staff as approved
by the City Council, including the location and an appropriate deacceleration lane
if the City deems one to be necessary. All costs of these improvement shall be
paid by the owners
G) Si na e: The signage on the property will be limited to the sign specifications
shown on Exhibit "E" attached hereto and by this reference made a part hereof.
H) Water: The premises will be served by municipal water. The Owner will
provide for the installation of said water in compliance with City requirements.
All private wells shall be abandoned.
I) Sewer: The premises will be served with municipal sewer. The Owner will
provide for the installation of a temporary grinder pump and a four -inch main to
the manhole on the Northwesterly corner of the Amoco M-1 Subdivision. The
Owner will execute a maintenance agreement with the City, to be a covenant
running with the land, providing for the Owner to be responsible for all
maintenance and repair of the Temporary grinder pump and main to the
manhole. The form of the maintenance agreement shall be as approved by the
City Attorney. In the event municipal sewer becomes available adjacent to the
subject premises allowing a gravity connection from the subject premises, the
Owner agrees to connect to said municipal sewer, upon notice by the City. Upon
such connection to public sewer, the above -described sewer maintenance
agreement will be terminated, and the temporary sewer line and grinder pump
properly abandoned as approved by the City. Should the future installation of the
Annexation Agreement, Page 4 3.6
94-46-0068
1 sewer main adjacent to the subject premises involve a recapture or contribution
2 from benefited properties, the Owner agrees to pay his prorata share of such
3 contribution so long as said amount does not exceed $10,000. Since the Owner
4 will have already paid a sewer capital development fee, the Owner will not be
5 required to pay a second one at the time of such connection, however, he will
6 pay for the customary inspection charges.
7
8 J) Public Improvement Guarantees: Public improvements to be constructed by the
9 Owner in connection with the development of the property shall be free from
10 defects in the quality of the materials and workmanship. To secure this
11 obligation, the Owner shall file with the City, a Letter of Credit in the amount
12 that would be required for such in accordance with the City's Subdivision Control
13 Ordinance and on a form drawn upon a lending institution approved by the City
14 or other security acceptable to the City.
15
16 (K) Compliance with City Codes: Owners shall comply with all city
17 Ordinances and Building Codes.
18
19 III. OBLIGATIONS OF THE OWNER.
20 A. RETAINED PERSONNEL FEES. Owner will comply with the terms and
21 conditions of the City's Retained Personnel Ordinance.
22 B. OTHER FEES and COSTS. Since the primary use of the property is the
23 conversion of a large residence into a commercial restaurant and the current existing single
24 family residential use is being reduced to an apartment substantially smaller than the current
25 existing residence, no school, park or library donations shall be required and no annexation fees
26 shall be charged by the City.
27 C. FIRE PROTECTION. The Owner agrees to pay the Fire Protection District an
28 impact fee of $212.00.
29 D. AMOCO SEWER RECAPTURE FEES. The Owner agrees to pay the Amoco
30 sewer recapture fee of $942.07 with interest, if any interest is due, pursuant to the Amoco
Annexation Agreement, Page 5 3.6
94-45-0069
1 Recapture Agreement. The Owner will not be required to pay this fee again should he sometime
2 in the future connect to a sewer main adjacent to the Owner's property.
3 TITLE III
4 RECIPROCAL OBLIGATIONS
5 IV. COMPLIANCE AND AMENDMENTS.
6 A. More Restrictive Requirements
7 Except as otherwise specified herein, all City ordinances shall apply to the
8 Property Owner and all successors and assigns in title. If, during the terms of this Agreement,
9 the provisions of the existing ordinances and regulations which may relate to the development,
Annexation Agreement, Page 6 3.6
94-45-0070
1 subdivision, construction of improvements, buildings, appurtenances and all other development
2 of any kind and character of the Property, are amended or modified in any manner so as to
3 impose more stringent requirements in the development, subdivision or construction referred to
4 therein, such increased requirements shall, unless otherwise excepted herein, be effective as
5 applied tot he Property so long as such amendments or modifications are non-discriminatory in
6 their application and effect throughout the City (excepting those developments in the City having
7 annexation agreements -- past, present, or future -- providing otherwise).
8 B. Less Restrictive Requirements.
9 If, during the term of this Agreement, except as otherwise specifically agreed
10
upon in this Agreement,
any existing, amended, modified
or new ordinances, codes or
11
regulations affecting the
zoning, subdivision, development,
construction of improvements,
12 buildings or appurtenances, to any other development of any kind or character upon the
13 Property, are amended or modified in a manner to impose less restrictive requirements on
14 development of, or construction upon, properties in similarly zoned or developed parcels within
15 the City, then the benefit of such less restrictive requirements shall inure to the benefit of the
16 Developer and, the Developer may elect to proceed with respect to the development of, or
17 construction upon, the Property with the less restrictive amendment or modification applicable
18 generally to all properties within the City.
19 TITLE IV
20 MISCELLANEOUS
21 V. PARTIAL INVALIDITY OF AGREEMENT.
Annexation Agreement, Page 7 3.6
94-45-0071
1 A. If any provision of this Agreement (except those provisions relating to the
2 requested rezoning of the Property identified herein and the ordinances adopted in connection
3 therewith), or its application to any person, entity or property is held invalid, such provision
4 shall be deemed to be excised here from and the invalidity thereof shall not affect the application
5 or validity of any other terms, conditions and provisions of this Agreement and, to that end, any
6 terms, conditions and provisions of this Agreement are declared to be severable.
7 B. If, for any reason during the terms of this Agreement, any approval or permission
8 granted hereunder regarding plans or zoning are declared invalid, the City agrees to take
9 whatever action is necessary to reconfirm such plans and zoning ordinances to effectuating the
10 zoning and plans proposed herein.
11 VI. BINDING EFFECT AND TERM
12 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
13 successors and assigns including, but not limited to, successor owners of record, successor
14 developers, lessees and successor lessees, and upon any successor municipal authority of the
15 City and successor municipalities for a period of 10 years from the later of the date of the
16 execution hereof.
17 VII. NOTICES AND REMEDIES.
18 A. Upon a breach of this Agreement, any of the parties in any court of competent
19 jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available
20 at law or equity. The remedies of the City shall include, but not be limited to, the right to stop
21 construction of the development in the event the City deems the terms of this Agreement have
22 been violated.
Annexation Agreement, Page 8 3.6
94-45-0072
1 B. Before any failure of any party to this Agreement to perform its obligations under
2 this Agreement shall be deemed to be a breach of this Agreement, the party claiming such
3 failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to
4 have failed to perform and performance shall be demanded.
5 C. In the event the City choose to sue in order to enforce the obligations hereunder,
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Owner shall pay all costs and expenses incurred by the City, including, but not limited to,
attorney's fees and court costs, provided the City substantially prevails. In addition, if the
Owner does not pay any fees provided for herein, the City may withhold the issuance of building
permits until payment is received. City may use any remedies available to it to collect such fees
and charges as are due.
D. Notice shall be provided at the following addresses:
City: City of McHenry
333 South Green Street
McHenry, Illinois 60050
Copies to: City Attorney David W. McArdle
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, Illinois 60014
Owner: David A. Kruk
5603 W. Bull Valley Road
McHenry, Illinois 60050
Copy to: Samuel J. Diamond
Diamond, LeSueur & Roth, P.C.
3431 West Elm Street
McHenry, Illinois 60050
VIII. WAIVER.
Annexation Agreement, Page 9
3.6
94-45-0073
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The failure of the City to insist, in any one or more instances, upon performance of any
terms or conditions of this Agreement, shall not be construed as a wavier of future strict
performance of any such term, covenant or condition and the obligations of the Owners shall
continue in full force and effect.
IX. AMENDMENT.
This Agreement may only be amended by written instrument executed by all parties
hereto.
X. VENUE.
In the event any legal action arising out of this Agreement is instituted by the parties
hereto, the venue for such action shall be restricted to the Circuit Court of the 19th Judicial
Circuit, McHenry County and no action shall be brought by the parties hereto, their successors
or assigns in any Federal Court.
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day
and year first above written.
OWNER:
David A. Kruk
AQ-,,c,� A
DAVID A. KRUK
CITY:
ZCITYF McHENRY
ity Mayor
Atte
City Clerk
Annexation Agreement, Page 10
3.6
94-45-0074
STATE OF ILLINOIS )
) SS
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFIED that STEVEN J. CUDA and PAMELA J. ALTHOFF, personally know
to me to be 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 persona and severally acknowledged that they signed
and delivered said instrument as such MAYOR and CITY CLERK of said City and caused the
City Seal of said City to be affixed thereto pursuant to the authority given by the Mayor and
City Council of said City as their free and voluntary act, and as the free and voluntary act and
deed of said City, for the uses and purposes therein set forth.
1994.
Given under my hand and notary seal this
"OFFICIAL SEAL"
JOAN MARTH
Notary Public, State of Illinois
My Commision Expires 12/17/94
6'"74-
NA z
Notary Public
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFIED that DAVID A. KRUK, personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed and delivered said instrument as his free and voluntary act.
Given under my hand and notary seal this A9 4�1 day of J4W ,
1994.
F AKARY N\ZONQJGUCRUK ANX
iYIV R
h
Annexation Agreement, Page 11
,,.
Public
3.6
94-45-0075
ANNEXATION AGREEMENT
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER
That part of the Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast
corner of said Southwest Quarter; thence West along the North line thereof, 194.85 feet, thence
South at right angles to the last described line 424.0 feet; thence East at right angles to the last
described line, 377.29 feet, thence Northerly at an angle of 90 degrees 14 minutes 27 seconds
measured clockwise from the last described course, 170.06 feet: thence Northeasterly at an angle
of 11 degrees, 15 minutes, 33 seconds measured clockwise from the last described course, 256.0
feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet
to the place beginning, (except that part described as follows: Beginning at the Northeast corner
of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence South
at right angles to the last described line, 337.60 feet, thence East at right angles to the last
described line, 200 feet thence Northeasterly at an angle of 58 degrees 30 minutes measured
counterclockwise from the last described line, 125.0 feet, thence Easterly at an angle of 70
degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right
angles to the last described line, 256.0 feet to the North line of said Southeast Quarter, thence
West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois.
Tax I.D. No. 14-04-400-008 (2.77 Acres)
"
That part of Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast
corner of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence
South at right angles to the last described line 337.60 feet, thence East at right angles to the last
described line, 200.0 feet, thence Northeasterly at an angle of 58 degrees 30 minutes measured
counter clockwise from the last described line of 125.0 feet, thence Easterly at an angle of 70
degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right
angles to the last described line, 256.0 feet to the North line of said Southeast Quarter; thence
West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois.
Tax I.D. No. 14-04-400-005 (1.06 Acres)
F AKARYN%ZONING%KRUK.FXA
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94-45-0076
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94-45-0077
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94-45-0078
ANNEXATION AGREEMENT
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