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HomeMy WebLinkAboutOrdinances - O-95-712 - 06/21/1995 - AUTHORIZE ANNEX AGRMT INLAND BP PROPERTYIt �9 if.lJ `r F. 0 �q S R- P3 lai 3 ORDINANCE NO. 0-95- 712 MAY 2 2 1995 CITY OF MMENRY An Ordinance Authorizing Execution of an Annexation Agreement Relating to Property Owned by the American National Bank and Trust Company as Trustee under Trust Agreement dated September 27, 1993 and known as Trust No. 117509-08 WHEREAS, it is in the best interests of the City of McHenry, McHenry County, Illinois, that a certain Annexation Agreement, a copy of which is attached hereto and incorporated herein, be entered into; and WHEREAS, AMERICAN NATIONAL BANK OF CHICAGO, as Trustee under the provisions of a Trust Agreement dated September 27, 1993, and known as Trust No. 117509-08, Owner, is ready willing and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said Annexation Agreement have been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND 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 directed to attest, duplicate original copies of an Annexation Agreement by and between the City of McHenry and the American National Bank and Trust Company as Trustee under Trust Agreement dated September 27, 1993 and known as Trust No. 117509-08, a copy of which is attached hereto and made a part hereof. SECTION 2: This Ordinance shall be in full force and effect immediately after its passage and approval. SECTION 3: 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 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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, Bates, Lawson, Cuda Voting Nay: Baird Absent: None Abstain: None APPROVE -41'ay,dr—Steven J. Cuda (SEAL) ATTEST: City Clerk Pamcia J. Al h PASSED: June 21. 1995 APPROVED: June 21, 1995 PUBLISHED: June 22, 1995 Prepared by: Mark S. Saladin MILITELLO, ZANCK & COEN, P.C. 40 Brink Street Crystal Lake, IL 60014 (815) 459 - 8800 STATE OF ILLINOIS ) ) SS COUNTY OF MCHENRY ) Revised 6/22/95 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into thisAcl y of -ivy . 1995. by and between the CITY OP- MCHENRY ("City"). a Municipal Corporation, in the County of McHenry, State of Illinois, and American National Bank and Trust Company of Chicago, not individually but as Trustee under a Trust Agreement dated September 27, 1993 and known as Trust No. 117509-08 ("host"), and InLand Capital Fund, L.P., a Delaware limited partnership ("Beneficiary"). The Trust and Beneficiary shall hereinafter collectively be referred to as "Owners." RECITALS A. The Trust holds fee simple title to the parcel of real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, containing approximately 200 acres, hereinafter referred to as the "Property." Beneficiary is the holder of 100% of the beneficial interest in the Trust. B. Owners filed with the City Clerk a Petition for Annexation of the Property to the City, conditioned upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8 and the Ordinances of the City. C. The Property is located on the South side of Bull Valley Road and just East and contiguous to Crystal Lake Road. D. The Property is presently vacant, unimproved and has no electors residing thereon. -1- E. The property is presently zoned "A-1" Agricultural under the McHenry County Zoning Ordinance. F. Owners have filed with the City Clerk a Plat of Annexation of the Property. G. The Property constitutes territory which is contiguous to and may be annexed to the City as provided in 65 ILCS 5/7-1-1, et seq. H. The Owners desire to have the Property annexed to the City upon the terms and conditions provided herein and the City, after due and careful consideration, has concluded that the annexation of the Property to the City under the terms and conditions hereinafter set forth will further the growth of the City, enable the City to control the development of the area and serve the best interests of the City. I. Pursuant to 65 ILCS 5 / 11-15.1-1, et seq. , a proposed annexation agreement was submitted to the City, and a public hearing was held thereon. J. The City does not furnish fire protection or library services. Bull Valley and Crystal Lake Roads, servicing the property to the North and West, are currently under McHenry County jurisdiction and notice, if any, pursuant to 65 ILCS 7-1-1, has been provided. K. Prior to the date of this Agreement, public hearings were held upon proper notice as are necessary for the City to grant the following zoning request, pursuant to the City's Zoning Ordinance: "BP" - Business Park District. L. The City Council has voted to annex property generally lying in the area south of McCollum Lake Road and west of Illinois Route 31 (the "McCollum Lake Road Property"), legally identified in Exhibit B hereto, with the effectiveness of the annexation of the McCollum Lake Road Property contingent upon the annexation of the Property. It is understood by all parties hereto that the McCollum Lake Road -2- Property will be annexed to and zoned by the City of McHenry, pursuant to the annexation agreement for said McCollum Lake Road Property, immediately subsequent to the annexation of the Property. NOW THEREFORE, in consideration of the covenants and conditions herein contained, IT IS HEREBY AGREED AS FOLLOWS: TITLE I I. ANNEXATION. The City shall enact the proper ordinance annexing the Property and attach the submitted plat of annexation to said ordinance. The ordinance shall be effective immediately upon its passage. A copy of said ordinance shall be filed in the Office of the County Clerk of McHenry County and recorded in the McHenry County Recorder of Deed's Office. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the Property is zoned and classified as provided in this Agreement by the adoption of ordinances by the City contemporaneously with the execution of this Agreement. II. ZONING. Contemporaneously with the annexation of the Property, the City shall adopt an ordinance amending the provisions of the City of McHenry Zoning Ordinance to provide that the Property be granted "BP" - Business Park District zoning, and also providing for the following additional permitted uses on those lots designated as Lots 187 through 198 on the preliminary plat prepared by Cemcon, Ltd. (Job No: 588.002) as revised May 16, 1995 (the "Preliminary Plat"), inclusive, all of which additional uses are to be church owned and operated: cemeteries, churches and religious institutions, community center/multi-purpose buildings, child and adult day care centers, -3- gymnasium/health clubs, retreat facilities, schools and educational institutions, and rectory -convents, and also providing a conditional use for church owned and operated convalescent/retirement homes on Lots 187 through 198. III. PRELIMINARY PLAT. The Preliminary Plat provides, inter alia, for 198 lots with minimum lot width of 100 feet at the building line, provided, however, that any plat of subdivision for the Property shall contain a notation thereon that at least 200 feet of road frontage on any street will be required in order to be able to obtain a building permit and subsequently an occupancy permit for any premises and that in no event shall the owner of any premises located on the Property for which a building or occupancy permit been issued reduce their frontage width thereof by sale, resubdivision or otherwise to less than said 200 feet. All roads will have 60 foot right-of-ways. Inland Parkway at its intersection with Crystal Lake Road and Ridgeview Drive at its intersection with Bull Valley Road, which will serve as entrances to the Property, will have 80 foot right-of- ways along the first 400 feet of each such road with a 200-ft center island near each entrance which center island shall be maintained by the Owners and their successors and/or assigns. The main collector roads in the Property (delineated as Inland Parkway and Ridgeview Drive) will be 34 feet wide from curb to curb and secondary roads (delineated as Sentry Street, Capital Drive and Fortune Way) will be 28 feet wide from curb to curb. Street lighting will be located every 250 feet in an effort to avoid overlighting of the Property which may adversely affect adjoining landowners, provided however that there shall be sufficient lighting so that there are no material unlit spaces between each street light along the street. The Preliminary Plat also shows that a 50 foot right-of-way has been granted along Crystal Lake Road and such grant of -4- right-of-way will actually occur upon approval of Final Plat for property contiguous to Crystal Lake Road. The City accepts the Preliminary Plat of the Property. IV. SEWER AND WATER. 1. The Property is located within the City's Facility Planning Area (FPA) as determined by the Northern Illinois Planning Commission (NIPC) and the Illinois Environmental Protection Agency (IEPA). At the time of development, the Property shall be developed with the municipal sewer and water. The City does not guarantee the availability of sewer or water, however, if sewer and water are available to the site at the time of development and the City has adequate capacity for such, the Owners shall be allowed to connect to such in accordance with the applicable City regulations then in effect at locations determined by the City engineer. 2. Upon request by the City, Owners shall construct expanded or oversized municipal sanitary sewers and/or lift stations on -site which benefit not only the Property, but also other properties being or to be developed in the relevant service areas for such utilities (the foregoing expanded or oversized on -site improvements are collectively referred to as "Municipal Improvements" for purposes of this paragraph and its subparagraphs). In the event such Municipal Improvements are made by Owners, the following provisions shall apply: (a) The properties which may reasonably be expected to benefit directly or indirectly from the construction and/or installation of such Municipal Improvements ("Benefited Property" with the total benefited area referred to as the "Benefited Area") will be determined by the City Engineer at the time such Municipal Improvements are constructed. -5- (b) The City shall endeavor to collect a pro rata sum of money from the owners of the Benefited Property as a pre -condition to said owners being granted a building permit to connect the Benefited Property to any of the Municipal Improvements. The total sum subject to reimbursement to Owners, as well as the pro rata sum to be collected from the Benefited Property owners, shall be determined by the City's consulting engineer taking into account the following factors: total construction and easement costs; professional fees; and testing and analysis fees. Any legal and administrative fees shall not be considered. The pro rata sum calculated shall be based upon a recapture agreement approved by the Mayor and Aldermen of the City in the future. In addition, interest shall be collected from the commencement date of this reimbursement provision, calculated annually at one percent (1%) over the prime rate quoted by the largest local lending institution with the City's corporate limits. The sum collected shall be paid to Owners after deduction of two percent (2%) for administrative charges due to the City. In the event that any State statute shall determine an interest rate other than set forth in this paragraph, the State interest rate shall prevail. (c) Subject to a non -appealable final court order directing City to act otherwise, City shall not issue any connection permits until the Benefited Property owner either pays the reimbursement charge set forth in this paragraph or adequately assures the City that the payment will be made. (d) The City will use its best efforts to collect the costs provided herein from the Benefited Property owners but shall not be liable to Owners if the City is, for any reason, unable to collect said costs. The City's liability to reimburse Owners shall be limited to payment from funds actually collected from Benefited Property owners. (e) City shall file this Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. (0 Owners shall furnish to the City all permits required for improvements referred to in this Agreement including, but not limited to, the Illinois Historical Agency, U.S. Corps. of Engineers, McHenry County Highway Department, McHenry County Soil and Water Conservation District, Illinois Department of Conservation and the Illinois Department of Transportation, Division of Water Resources. (g) Owners shall reimburse and indemnify City for all costs, engineering and attorney's fees and liability incurred by the City in attempting to collect the reimbursement amounts subject to this reimbursement provision. (h) This reimbursement provision is presently binding on the Benefited Property and Benefited Area and shall have a commencement date when the City accepts the public improvements which are the subject of this Agreement and shall end on the date of the termination of this Agreement. 3. The City shall cooperate with Owner in obtaining such permits as may be necessary from time to time by both Federal and State law, including, but not limited to, the Illinois Environmental Protection Agency, to permit the development of the Property. Further, the City agrees to execute when and where required all necessary applications for permits to the Environmental Protection Agency (EPA) and -7- Anny Corps. of Engineers (Corps.) for road access and the construction and use of the sewer and water mains described herein as well as the construction of roadways and the storm water detention areas located within wetlands, if any, on the Property. No action of the City regarding applications to the Illinois or U.S. Environmental Agency for permission to construct sanitary sewer lines on any part of the Property shall be construed to constitute any representation, warranty or reservation by the City to the Owners that municipal sanitary sewer treatment plant or sanitary sewer main capacity or water will be available to service the Property when Owners apply to the City for individual sewer or water service connection permits. 4. The City shall exercise its power of eminent domain, if necessary, to assist Owners in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid improvements. Owners shall pay for all of the eminent domain costs and expenses incurred by the City, including but not limited to, attorney's fees, title charges, appraisals, survey cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. Such costs and expenses of acquisition by eminent domain shall be includable in the costs and expenses that are subject to recapture by Owners from Benefiting Parties. It is further understood and agreed that the Property may be developed in phases and on -site improvements will be performed by Owners as part of and during the development of the Property at such time as such improvements are necessary to service any phase of the development. The City acknowledges that McHenry County government will cause a new road, shown as Ridgeview Drive on the Preliminary Plat, to be built on that portion of the Property lying east of the railroad tracks in order to provide access to the McHenry Corporate Center. Ridgeview Drive will provide access onto Bull Valley Road. It is agreed that the Owners will dedicate the right-of-way for Ridgeview Drive, including easements for water and sewer lines, as shown as Exhibit D hereto, to the City or its designee immediately upon the annexation and zoning of the Property and that the City will accept dedication of such road upon its completion and it agrees to grant Owners access thereto for all of the lots of the Property along such road. It is agreed that the construction of Ridgeview Drive at this time will be a benefit to the City and in consideration therefore the City agrees to allow sewer and water lines to be installed in the right-of-way along this road rather than in the road itself, provided that sufficient easements are dedicated to accommodate construction of such lines outside of the road itself. The City will not require from Owners, at any time, any recapture and/or contribution of the costs of the construction of Ridgeview Drive. Owner acknowledges that the Property is subject to recapture costs for sewer lines currently installed. It is agreed that the recapture amounts will be based upon a recapture agreement dated January 20, 1988 between the City and McHenry State Bank Trust No. 3428 and McHenry State Bank Trust No. 608 and a recapture agreement dated November 18, 1992 between the City and Amoco Oil Company. It is agreed that such recapture costs will be paid at the time of connections to such sewer lines. In V. DEVELOPMENT IN PHASES. The City shall permit the Owners to subdivide the Property with one (1) preliminary subdivision plat and no more than five (5) final plats of subdivision or "phases". To secure Owners' completion of the subdivision public improvements, including but not limited to sidewalks on one side of the street (which are the only sidewalks required), public streets (except Ridgeview Drive, which will be built by the County of McHenry), sanitary sewer mains, water mains, off -site and on -site storm drainage improvements, the Owners shall, prior to each final subdivision plat approval, file with the City a letter of credit in a form and in an amount approved by the City in accordance with the City's subdivision control ordinance for each plat. Each final plat of subdivision relating to the Property will be reviewed by the City, but not executed prior to delivery of all applicable letters of credit by the Owners to the City. It is agreed that the first final subdivision plat for that portion of the Property east of the Chicago & Northwestern Railroad Tracks ("the Tracks") shall provide for all on -site stormwater detention improvements required for that portion of the Property east of the Tracks, not just the first phase. Such detention public improvements must be fully constructed and preliminarily approved by the City prior to any occupancy permits being issued for that portion of the Property east of the Tracks. Also, except as provided under XI.H.8 herein, the first final subdivision plat for that portion of the Property west of the Tracks shall provide for all on -site stormwater detention improvements required for that portion of the Property west of the Tracks, not just the first phase. Such detention public improvements must be fully constructed and preliminarily approved by the City prior to any occupancy permits being issued for that portion of the Property west of the Tracks. In the event the approved design for -10- any detention improvement allows the release of storm water that creates new storm water problems to surrounding property owners as reasonably determined by the city engineer, the City may stop the issuance of building permits until satisfactory corrective changes are approved by the city engineer or building department. Notwithstanding any other provision in this Agreement, it is understood that the City may direct that stormwater detention facilities serving the Property be located off -site, at a regional stormwater detention facility. It is further understood that Owners will not be required to acquire any off -site land for such a regional stormwater detention facility. Concurrent with the filing of a final plat of subdivision for the first phase of the Property, Owners shall file with the City, for purposes of City review and approval, a Declaration of Protective Covenants and Conditions for the entire Property (the "Covenants). The Covenants shall not be subject to change without prior City approval. No final plat of subdivision will be approved for Phase V as shown on the Preliminary Plat until the roadway configuration for such Lots is in compliance with the City's subdivision control ordinance. VI. ON -SITE IMPROVEMENTS - BUILDING PERMITS 1. The City agrees that after the applicable letter of credit is delivered to the City and a final plat of subdivision is recorded, the Owner shall not be required to construct all on -site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land. Rather, the Owners shall be allowed to construct the required on -site improvements simultaneously with the issuance of building permits for individual lots and/or buildings. In no instance, -11- however, shall a building permit be issued prior to installation of the subbase of the street across the frontage of the lot for which the permit is requested. All on -site improvements (except the final lift of bituminous asphalt surface on roads and landscaping), serving any phase shall be installed by Owners and approved by the City before an occupancy permit is issued for said lot or building. 2. In order to maintain an attractive appearance along Crystal Lake Road which is one of the main entryways into the City of McHenry, a site plan, landscape plan and architectural plans shall be submitted to the City for review and approval prior to the issuance of a building permit for construction on any Lot adjacent to Crystal Lake Road. The City shall not unreasonably withhold its approval. 3. The facade of all exterior walls on buildings within the Property shall be masonry, glass, pre -cast concrete, stone or similar material. Drivel material may be used only as an architectural detail and shall not exceed 20% of the exterior facade area. 4. Refuse disposal areas shall be screened from view by a durable material wall to match adjacent building construction not less than six feet in height. VII. SCHEDULE OF DEVELOPMENT. Owners shall submit to the City a schedule of development encompassing the Property on a semi-annual basis so the City can adequately plan for and provide municipal services to the Property. The first schedule shall be submitted within 30 days of approval of a final plat for the Property or a portion thereof and shall include work to be completed in the current and next calendar year. It is acknowledged that said schedules are anticipatory in nature and will change from time to time as circumstances change and shall represent Owners' best reasonable estimate at the -12- time of its intended schedule of development. Owners understand that timely schedules are in the best interest of all parties to this Agreement. TITLE II VIII. DONATIONS, CONTRIBUTIONS AND FEES. Owners shall be obligated to pay and/or donate, or cause to be donated to the City, or provide improvements for the benefit of the City as follows: A. Annexation Fees. 1. No annexation fees shall be required or paid. However, if the Property is ever rezoned for residential use, annexation fees applicable to that portion of the Property zoned for residential use shall be payable in accord with the City's then - current policies. 2. All required sanitary sewer and water main connection charges and capital development fees shall be paid in accordance with ordinances in effect at time of connection. 3. No school district, library or park district fees or donations are or will be charged to Owners or due or payable as a result of the annexation, use, occupancy or development of the Property. A fire protection district fee of $212 per building shall be payable as building permits are issued. 4. Upon the request of the City, Owners shall donate to the City that lot designated as Lot 54 on the Preliminary Plat for use as a well -site and for any other municipal purposes as may be determined by the City. The north property line of Lot 54 will align with the north curb line of the existing adjacent stub street in the Irish Prairie property. -13- B. Donation Distinguished from Fees. 1. Other than the donations specified in the foregoing subsection A of this Paragraph VIII, during the term of this Agreement, and irrespective of any existing, new or revised donation ordinances of the City, Owners shall not be required to donate any land or money to the City or, by action of the City, to any other governmental body. Building permit fees, tap -on fees and other similar fees (which are charged for specific services provided by the City) shall be payable in accordance with City Ordinances in existence and as amended from time to time. C. Roads. 1. After installation and approval by the City Engineer of all the roads and streets in a particular phase, the City agrees, subject to bonding requirements set forth in its ordinances to accept the dedication and snowplowing responsibility of all streets in said phase at the time buildings in such phase become eligible for occupancy permits and provided manhole covers are protected. 2. Upon the request of the City, but in any event upon application of the final lift and acceptance by the City, Owners shall convey title to or dedicate such complete roads to the City for public street purposes. Title to such roads shall be conveyed free and clear of all liens and encumbrances and any easements, covenants, or restrictions that would limit or prohibit the use of such property as public roads. Evidence as to the condition of title shall be provided in the form of a title commitment acceptable to the City at the time of the conveyance. 3. Simultaneous with the construction of Inland Parkway at the west boundary of the Property, it is agreed that Owners shall, within the right-of-way of Crystal Lake Road and with County consent, add a deceleration lane for right turns -14- into the Property and a center turn lane on Crystal Lake Road for left turns into the Property, at the intersection of Crystal Lake Road and Inland Parkway. Also, following City approval of the final plat for Phase IV as shown on the Preliminary Plat and simultaneous with the construction of municipal improvements for Phase IV, it is agreed that Owners shall, within the right-of-way of Crystal Lake Road and with County consent, add a deceleration lane for right turns into the Property and a center turn lane on Crystal Lake Road for left turns into the Property, at the intersection of Crystal Lake Road and Sentry Street. Road improvements will be made in accord with a letter dated May 30, 1995 from County Engineer Michael P. Magnuson to City Administrator Gerald R. Peterson, attached hereto as Exhibit E. It is understood that Owners shall not be responsible for any improvements to Bull Valley Road. 4. The Owners acknowledge that a plan exists for the construction of an Illinois Route 31 bypass highway. The Owners have provided an alternate land plan for that portion of the Property affected by the possible construction of the bypass, attached hereto as Exhibit C. The Owners agree to preserve for a period not to exceed three years from the date of this Agreement a 150-foot-wide right-of-way necessary for the bypass as generally depicted in Exhibit C and in accord with an engineering study to be done by the County and to dedicate the 150-foot-wide right-of-way to the City or County, as appropriate, when construction of the bypass is ready to proceed. At the end of such three-year period the reservation for the right-of-way will expire, unless the Owners receive written notice from the City prior to the expiration date that the bypass project is ready to go forward. 5. No direct access from the Property to Crystal Lake Road shall be allowed, other than via dedicated roads, except during construction. -15- 6. No direct access from the Property to Bull Valley Road shall be allowed, other than via dedicated roads, except during construction. 7. At the time of final platting for Phase I of the Property as shown on the Preliminary Plat, provision shall be made for access from Ridgeview Drive to the boundary of that adjacent property shown on the Preliminary Plat as the Gordon Stade property. 8. Provision shall be made for access from Inland Parkway to the boundary of that adjacent property on the south, shown on the Preliminary Plat as the John W. Fritsch property, prior to the completion of final platting for Lots 82 through 112. D. Underground Utilities. Owners shall install all electricity, gas, telephone lines and any - other utility or cable devices, lines or conduits within the property underground. All existing above -ground utility lines serving the Property shall be allowed to remain above ground. E. Easements. Upon request by the City, Owners will execute such easements as are necessary to effectuate the terms and conditions of this Agreement and as may be necessary in connection with the completing of a final plat of subdivision for any portion of the Property. The form of the easement shall be as approved by the City engineer and/or City attorney. The form of the easement may be that noted on a plat of subdivision or such other format as the City engineer or City attorney deems appropriate. Upon the request of the City, Owners will provide a 20-foot-wide temporary easement for the construction of a bicycle path along the western side of the Chicago & Northwestern Railroad right-of-way through the property. The Final Plat -16- for that phase of development shown as Phase V on the Preliminary Plat will include a 10-foot-wide permanent easement from Inland Parkway to the bicycle path, for pedestrian and bicycle traffic. F. Public Improvement Guarantees. In accordance with the City's Subdivision Control Ordinance, as amended from time to time, Owners hereby guarantee, that public improvements constructed on the property shall be free from defects in the quality of the material and workmanship for 1 year. To secure this obligation, prior to acceptance by the City of said public improvements, Owners shall file with the City, letters of credit as called for by the City's Subdivision Control Ordinance. It is agreed that core samples every one hundred (100) feet in the center of the planned right-of-ways shall be provided' to the City Engineer prior to final engineering roadway approval unless this requirement is waived by the City, and that roadways shall be constructed in accordance with the City Engineer's requirements to achieve satisfactory performance standards (with the exception of Ridgeview Drive, which will be built by the County of McHenry.) G. Environmental Matters. 1. It is understood that the City has the responsibility for water quality which encompasses erosion and sedimentation control, surface water drainage control and ground water protection, all of which are regulated pursuant to existing ordinances of the City. Such ordinances shall regulate the development of the Property. Owners shall provide erosion and sedimentation controls in compliance with the Illinois EPA Standards and all applicable City ordinances or regulations. 2. Prior to conveyance of the road rights -of -way referred to in Paragraph VIII.C, above, Owners shall provide to the City, at Owners' cost, a Phase I -17- Environmental Assessment relating to such road rights -of -way (with the exception of Ridgeview Drive, which shall be built by the County of McHenry). The results and conclusions of this assessment must be acceptable to the City's consulting engineer. In the event the results show a violation of any applicable environmental laws, Owners can correct such violation at their sole cost and expense or, if Owners fail or refuse to so correct, then an alternative site for such road right-of-way shall be selected by the parties. H. Wetland Protection. Owners shall not disturb any areas of the property designated as wetlands by any governmental agency without the consent of the appropriate governmental agency, if required. I. Signs. All advertising signs will be governed by the City's Sign Ordinance or such variations as may be granted by the Council. The City shall allow Owners to install two advertising signs on the Property with each sign not to exceed 100 square feet. The location of each sign will be mutually agreed upon by Owners and the City. Only free- standing signs other than directional signs as defined in the City of McHenry Zoning Ordinance and regulated by Chapter IX, Table 18 of the Zoning Ordinance shall be permitted. Signs within the building site shall be harmonious with the architectural design of the building. Street signs shall be designed to be harmonious with the surrounding environment and should enhance the business park atmosphere. The design of street signs shall be submitted to the City for approval. Park entrance signs shall be limited to two, one on Crystal Lake Road and one on Bull Valley Road and shall be regulated by the City of McHenry Zoning Ordinance. J. Retained Personnel Fees. Owners shall comply with the Retained Personnel Ordinance in effect from time to time. TITLE III DL COMPLIANCE AND AMENDMENTS. A. More Restrictive Requirements. Except as otherwise specified herein, all City ordinances shall apply to the Property, Owners and all successors and assigns in title. If, during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, construction of improvements, buildings, appurtenances and all other development of any kind and character of the Property, are amended or modified in any manner so as to impose more stringent requirements in the development or construction referred to therein, such increased requirements shall, unless otherwise excepted herein, be effective as applied to the Property so long as such amendments or modifications are non-discriminatory in their application and effect throughout the City (excepting those developments in the City having annexation agreements --past, present, or future --providing otherwise). B. Less Restrictive Requirements. If, during the term of this Agreement, except as otherwise specifically agreed upon in this Agreement, any existing, amended, modified or new ordinances, 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 -19- restrictive requirements on development of, or construction upon, properties in similarly zoned or developed parcels within the City, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and, the Owners may elect to proceed with respect to the development of, or construction upon, the Property with the less restrictive amendment or modification applicable generally to similarly zoned or developed parcels within the City (excepting those developments in the City having annexation agreements --past, present, or future --providing otherwise). C. Notwithstanding any provisions of existing City Ordinances or any changes to City Ordinances the right-of-way widths set forth in the Preliminary Plat and the distance between street lights shall remain as presently constituted with respect to the development of the Property and the zoning, densities (including lot size), uses presently allowed under the BP Business Park Zoning Classification, the Bulk Regulations, including but not limited to setback, yard, height, FAR and frontage requirements, and the uses permitted thereunder by the Ordinances of the City in effect as of the date of this Agreement shall not be changed or reduced with respect to the development of the Property during the term of this Agreement nor shall the City interpret any Ordinance in a way so as to prevent the Owners from developing the Property in accordance with this Agreement and the Exhibits attached hereto. D. The City and Owners may by mutual consent change, amplify or otherwise agree to terms and conditions other than those set forth in this Agreement by the adoption of any ordinance by the City amending the terms of this Agreement and the acceptance of same by Owners subject to the provisions of the Illinois Compiled Statutes (1993, 65 ILCS 5/11-15.1.1 through 11/15.5/5. -20- E. This Agreement may only be amended by written instrument executed by all the parties hereto. Provided, however, in the event title to the Property, in whole or in part, is transferred to successors in interest, future zoning, platting or amendments relating to the Property, in whole or part, may be made by and between the City and the titleholders to the parcels specifically requesting the amendment without consent required by other record owners of the Property. X. OBLIGATIONS. 1. All obligations of the Owners in this Agreement, including monetary obligations in existence now as well as those which may come to exist in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. Owners hereby consent to the filing of a lien on the Property for which the obligations are owed when any obligations are more than 90 days overdue. Monetary obligations as used herein shall include professional fees incurred by the City to monitor and/or litigate this Agreement. 2. It is specifically understood and agreed that the Owners shall have the right to sell, transfer, mortgage and assign all or any part of the Property and the improvements thereon to other persons, trusts, partnerships, firms or corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the Owners have under this Agreement and upon such transfer, such obligations shall be the sole obligations of the transferee, except for any bonds or guarantees posted by Owners on any subdivided or unimproved property for which an acceptable substitute bond or Letter of Credit has not been submitted to the City; such obligations as to any vacant, -21- unsubdivided land shall be the sole obligation of the transferee. The foregoing rights shall apply to any and all successors and assigns of the Owners. 3. Upon any sale or conveyance of any part of the Property by Owners or their successors or assigns and upon each said sale and conveyance, the purchaser shall be bound by and entitled to the benefits and obligations of this Agreement with respect to that part of the Property sold or conveyed. When any such purchaser agrees to assume Owners' obligations hereunder, and when the City is notified of such purchaser and such agreement of assumption, the City hereby covenants and agrees it shall consent to such assumption and it shall release Owners from their obligations hereunder with respect to that part of that Property sold or conveyed. A selling owner however, may only be released where: (a) provision has been made that all public improvements required by this Agreement or applicable City Ordinance for the development of any parcel currently under development and being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the City; (b) all monetary obligations of the Owners then due to the City as of the time of conveyance and attributable to the Property being conveyed have been satisfied in full, or will be satisfied in full to the satisfaction of the City; and (c) the purchaser will assume all of the obligations of the selling owner as to the portion of the Property being conveyed. -22- TITLE IV SPECIAL PROVISIONS RELATING TO NEIGHBORING CHURCH AND RESIDENTIAL PROPERTIES M. MAXIMUM BUILDING HEIGHT. A. Buildings constructed on those lots designated as Lots 51, 52, 53, 55, 192, 193, 196, 197 and 198 on the Preliminary Plat shall not exceed thirty (30) feet in . height. B. A landscaped berm will be constructed within the rear yard setback of the following lots adjacent to the Irish Prairie property, designated on the Preliminary Plat as Lots 51, 52, 53, 55 (Berm "A") and within the rear yard setback of the following lots adjacent to Holy Apostles Church, designated on the Preliminary Plat as Lots 192, 193, 196, 197 and 198 (Berm "B"). The berms will undulate at heights between 3' and 5' and will have a slope of not less than 4-to-1. The height of the berms, together with plant material added on top of the berms, will provide an 8-foot year-round continuous screen. The plant material will consist of a dense mix of evergreens and deciduous plants with a minimum 75% evergreens. The minimum sizes for trees at planting will be 3" trunk diameters measured six inches above the ground for shade trees, 6' height for coniferous trees and for ornamental trees or large shrubs a minimum trunk diameter of 2" measured six inches above the ground or 6' of height. One tree will be planted approximately every 50' consistent with the overall landscape plan. All plant material with the exception of the trees will reach maturity within 12 months of planting. Plant material will be varied and will be installed in accordance with the then current procedures of the American Association of Nurserymen. Landscape plans for Berm A and Berm B will be submitted to and approved by the -23- City at the time of final platting for those phases of development where the berms will be located. Berm A and Berm B, and their landscaping, will be installed concurrent with road improvements for the respective development phases in which the affected Lots are located. In the event that the Owners, the City and the Irish Prairie Condominium Owners Association agree upon a landscape plan for Berm A which varies from the standards set forth above, the agreed -upon plan will prevail. In the event that the Owners, the City and the pastor of Holy Apostles Church agree upon a landscape plan for Berm B which varies from the standards set forth above, the agreed -upon plan will prevail. C. Accessory buildings constructed on those lots designated as Lots 192, 193, 196, 197 and 198 on the Preliminary Plat shall not exceed in height or square footage the principal buildings. D. The pastor of the Church of Holy Apostles or his designated representative shall be appointed as an additional member of the Architectural Control Committee as described in the Covenants solely for the purpose of conducting architectural review of those lots designated as Lots 192, 193, 196, 197 and 198 on the Preliminary Plat. E. "Automobile and truck rental," and "industry, medium restrictive" will not be permitted or conditional land uses for those lots designated as Lots 192, 193, 196 and 197 on the Preliminary Plat. F. The use of those lots designated as Lots 51, 52, 53 and 55 on the Preliminary Plat will be limited to offices. G. Lot 198 as designated on the Preliminary Plat will include a rear yard setback of fifty (50) feet which shall include a landscaped berm as described in subparagraph B above. The rear yard setback shall have a ground cover of live plant -24- material and shall be free of all forms of development, including storage of equipment or materials, accessory buildings or structures or parking. H. In the event the Church of Holy Apostles or its religious designee ("Holy Apostles") purchases from the Owners the property shown on the Preliminary Plat as Lots 187 through 196 under the terms of an agreement entered into May 8, 1995 between the Owners and the church, and notwithstanding any other provisions of this Agreement, the following shall be in effect: 1. Paragraphs VI.2, VI.3 and VI.4 shall not apply to Lots 187 through 196. 2. Paragraph VIII.C.6 shall not apply to Lots 187 through 196. 3. Paragraphs X.1 and X.3 shall not apply to Lots 187 through 196. 4. Paragraphs XI.A, XI.B, XI.C, M.D. XI.E, and XI.G shall not apply to Lots 187 through 196. 5. The City shall allow a metes and bounds conveyance of Lots 187 through 196 from the Owners to Holy Apostles without approval of a plat. 6. The City shall allow the construction of a maximum of two additional buildings on the property owned by Holy Apostles without final platting or replatting of that property. 7. The City shall allow construction of Sentry Road, which shall include the installation of water and sewer lines, for the purpose of providing access to the property owned by Holy Apostles prior to final platting of the remainder of Phase IV, provided such construction is done in accord with all other city ordinances and regulations. 8. The City shall allow construction of a portion of the stormwater detention improvements on Lot 159 sufficient to serve the property owned by Holy Apostles prior -25- to final platting of any portion of the Property located west of the Tracks, provided such construction is done in accord with all other city ordinances and regulations. 9. It is understood that Holy Apostles has no obligations under this Agreement for the construction of street lights, sidewalks, sewer lines, water lines, on - site or off -site storm drainage improvements or improvements to Crystal Lake Road (except as may be required under Paragraph XI.H.7 and/or Paragraph XI.H.8 above) or other municipal improvements associated with the business park and that no property purchased by the church shall be subject to obligations, covenants or liens associated with such improvements. The obligation of Holy Apostles to construct municipal improvements, except as may occur under Paragraph XI.H.7 and/or Paragraph XI.H.8 above, shall only extend to any future development which the church may undertake on property it owns and which may be required by the City at that time. 10. It is understood that construction or development of the property owned by Holy Apostles shall not be construed as being any of the five phases of development of the Property. 11. Lots 187 through 198 will not be subject to the Covenants. 12. The provisions of a letter dated June 14, 1995 from Rev. Robert N. Sherry to the McHenry City Council attached as Exhibit F hereto, relating to water connections and sign regulations, are hereby made part of this agreement. It is understood that if Holy Apostles connects to any water system provided by the Owners, such connection by Holy Apostles will be for a church -related use and will not be for any use which would require an inordinate amount of water which would adversely affect the water system serving the Property. -26- TITLE V MISCELLANEOUS mi. PARTIAL INVALIDITY OF AGREEMENT. A. If any provision of this Agreement (except those provisions relating to the requested rezoning of the Property identified herein and the ordinances adopted in connection therewith), or its application to any person, entity or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions or provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. B. If, for any reason during the terms of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning are declared invalid, the City agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variances and plat approvals proposed herein. MII. BINDING EFFECT AND TERM. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the City and successor municipalities for a period of 15 years from the date of the execution hereof. It is agreed that in the event that the annexation of the Owners real estate or the terms of this Agreement are challenged any court proceeding, the period of time during which such litigation is pending shall not be included in the calculation of said 15-year period. -27- XIV. AGRICULTURAL USE OF PROPERTY. The parties hereto agree that the Property, or so much thereof that is not under development, may continue to be used for agricultural uses and that said uses shall survive the termination of this Agreement as provided by statute; in addition thereto, all said agricultural uses or expansions thereof shall be considered legal, non- conforming uses. Xv. NOTICES AND REMEDIES. A. Upon a breach of this Agreement, any of the parties may exercise any remedy available at law or in equity in McHenry County Court by any action or proceeding at law or in equity. The remedies of the City shall include, but not be limited to, the right to stop construction of the development in the event the City deems the terms of this Agreement to have been violated. B. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform and performance shall be demanded. C. In the event the City chooses to sue in order to enforce the obligations hereunder, Owners shall pay all costs and expenses incurred by the City, including, but not limited to, attorneys' fees and court costs, provided the City substantially prevails. In addition, if the Owners do not pay any fees provided for herein, the City may withhold the issuance of building permits until payment is received, or if the appropriate security is not deposited, withhold approval of plat of subdivision until the appropriate security is delivered. 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, IL 60050 Attn: City Clerk Copies to: City Attorney David W. McArdle ZUKOWSKI, ROGERS, FLOOD & MCARDLE 50 Virginia Street Crystal Lake, IL 60014 Owner: Inland Capital Fund, L.P. 2901 Butterfield Road Oak Brook, IL 60521 Attn: Anthony A. Casaccio Copies to: The Inland Group, Inc. 2901 Butterfield Road Oak Brook, IL 60521 Attn: Robert H. Baum XVI. WAIVER. 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 waiver of future strict performance of any such term, covenant or condition and the obligations of the Owners shall continue in full force and effect. XVII. 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. -29- IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above. OWNER: OWNER: American National Bank and Trust InLand Capital Fund, L.P., a Company of Chicago, not individually Delaware limited partnership, but as Trustee under a Trust Agreement by Inland Real Estate dated September 27, 1993 and known as Investment Corporation, a Trust No. 117509-08 Delaware corporation, its general partner By: By: Its: Its: CITY• City of McHenry, a municipal co ration rG� gs s %s orf, so, tP fs�ia �f a'P°a a �P��i �esslo� r S 6y th o'o y '� GGC�b°iPe �f'°s y G 'od lrG P O B GIpoETr d/�' �s a sr^°°�!/rf�� P°ts tOovPrs��Oo f°LO Prs/ eGf ,t a Gi�j y 4 6 nr� O° It ay r °f h ga�Gst ed by /`0 61 /fare%"f�'/dt� a SAS 4` P°' e l °rPsa thy, Ao s/ds r' °0oSG�174. a�O• , 0l Gst� Gfafio Tr4cf hd// G�! % 0 o Co. orGstP ATTEST: n thY`�Ga rh°t ds f fh P 00 4� °a ° °�s e • s� a► o'CCD t�/'10 p oC"U'- '9 ' q Pr d City Clerk p� Goa011 , ea-s�a r�s GS P�� , y � (SEAT,) Q 4 ag�h�s -30- STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that 0_ nVIANSEX , of American National Bank and Trust Company of Chicago, as Trustee under Trust No. 117509-08, personally known to me to be the'same person whose name is subscribed to the foregoing instrument, as such ig. J014ANSEN , appeared before me this day in person and acknowledged that he/she, being thereunto duly authorized, signed and delivered the said instrument as his/her own free and volurMt and as the PRESIDENT a d voluntary act of said association, as Trustee aforesaid, a did then and there acknowledge and declare that he/she had affixed thereto the corporate seal of said Bank as his/her free and voluntary act and as the free and voluntary act of said association, as Trustee as aforesaid, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this -Z�i day of v , A.D., 1995 r ,"OPP'tElg1. SEAL" N Public Nota So( Flores My Cb -pU"", State of Illinois ss'oh EXplres 10/21/98 -31- STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said C unty in the State aforesaid, do hereby certify that Q. of Inland Real Estate Investment Corporatio a Delaware Corporation, general partner of InLand Capital Fund, L.P., a Delaware limited partnership, is personally Down to me to be the same person whose name is subscribed to the foregoing instrument as such appeared before me this day in person and acknowledged that they signed and delivered the said instrument at her own free and voluntary act, and as the free and voluntary act of said Corporation, as general partner of such partnership, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , A.D., 1995 Notary Public W IAL SEAL "NE BARNESIC. STATE OF ILLINOISON EXPIRES 3/2/96 -32- STATE OF ILLINOIS) ) SS COUNTY OF McHENRY) I, the undersigned, a Notary Public in and for said county, in the State aforesaid, DO HEREBY CERTIFY that STEVEN J. CUDA and PAMELA J. ALTHOFF, personaly known 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 as such MAYOR and CITY CLERK of said City, appeared before me this day in person and acknowledged that they signed and delivered the said instrument 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. GIVEN under my hand and notarial seal this '7- �O r/�-day of JU LY , A.D. , 1995. N t ry Public iasOFFICIAL i •A iNOtarY Public, State of Illinois j i -33- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY West of the Railroad Tracks That part of the Southeast Quarter of the Southwest Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian lying southeasterly of the centerline of Crystal Lake Road (excepting the South 100.0 feet thereof); also the Southwest Quarter of the Southeast Quarter of said Section 4 (excepting the South 100.0 feet thereof); also the Southeast Quarter of the Southeast Quarter of said Section 4; also that part of the Northwest Quarter of the Southeast Quarter of said Section 4 lying Southeasterly of the centerline of Crystal Lake Road and Southwesterly of the Southwesterly right-of-way line of Bull Valley Road; also that part of the South Half of the Southwest Quarter of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian lying West of the Westerly right-of-way line of the Chicago and Northwestern Railroad, in McHenry County, Illinois. East of the Railroad Tracks That part of the South Half of the Southwest Quarter of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian lying east of the Chicago and Northwestern Railroad; also the Southeast Quarter of said Section 3 (excepting the North 100.0 feet thereof and also excepting the East 2251.31 feet thereof), in McHenry County, Illinois. -34- EXHIBIT B LEGAL DESCRIPTION OF THE McCOLLUM LAKE ROAD PROPERTY Parcel 1: That part of the Southwest Quarter of the Southwest Quarter of Section 23, Township 45 North, Range 8 East of the Third Principal Meridian, lying Southwesterly of the Southwesterly right-of-way line of McCullom Lake Road, in McHenry County, Illinois. ALSO Parcel 2: That part of the Northwest Quarter of the Northwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, lying Southwesterly of the Southwesterly right-of-way of McCullom Lake Road, in McHenry County, Illinois. ALSO Parcel 3: The East 40.04 feet of the Northeast Quarter of the Northeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. ALSO Parcel 4: The East 40.04 feet of Lot 8 in McHenry Plat No. 6 of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian, as recorded May 6, 1902 as Document No. 14082 in Book 2 of Plats, page 34, in McHenry County, Illinois. -35- EXHIBIT C LOCATION OF ILLINOI ROUTE 31 BYPASS E-1 SHEET 1 OF 1 PLAT Im N o Ica SCAE, LEGAL DESCRIPTION DEDICATION OF DEDICATION FOR PUBLIC STREET TO THE CITY OF McHENRY BEING A DEDICATION OF PART OF THE SOUTH -1V� HALF OF SECTION 7, TOWNSHIP 44 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN Md1ENRY COUNTY, ILLINOIS — u v M a I/. v BULL � taus -------' 11x.." I I —••— TIN awwl on.l OWNER'S CERTIFICATE n•rt a u.vD m•m v YYa11 � ny w m mrR nu, KNw OI•q a M rgl[R e[m.m Ia[q Aw mAr y r•o aDoo e.c[ MT mlLl m M Omt IYI O YO rYapR m M f1R a YJOwT Y ROK waaoa MIa +e _ M• v Aa If— •,rou fn Yq•M Yw.Ilw[ rewrm Y..c rIYIa YOII --- g<9lb F f7 a909 UO a ravM:,/•a. o- - ROAD w'O I . E 80.01 . Aan m CENTERUNE DATA I rpr �. lK TAaa 7 m �1ft_�r;z nro�uT� as_. s>_w c.rrsr i�uua. a Isits!::S:!!t'lialt:d:l rf l:i:[/i 1���l:::S:J•lIL6:'�l:�.l1-4:1�:—Al x rIS:L� ILIA. l 1•!'-\:�! fla:!!:)1f�lw a:FiYlr1 �: NOTARY CERTIFICATE n•rt o [IxFlf) a amlltt v YlOwh Mn•R 0..1 Iq SAD OYwtt, x M nn •,vafr4 W ImOT fYaT - rumwlT Ylo•II m K m n M sAK rason wqY AKf AR Ywlgl®m M IYI[1Pq MTYIIq,. AIRMm OOI[ K IIIf MT w rpf01 Aq AowoYID.m TUT MT 9alD •IO OD11V0 M tIo Alw•OII y Mw ewI IIIR rwf g1xtAR •CR W M 11n Mo x[s® nao, ZI MM aro1 uml R xlle w ,mAva ana fr _ Mr s 1 -- WTMV NwC r mYwAq 9~1 iti163�9 � ry 9 S 6 unsuaDHVIDED „ a LANDS x QN O ON r R - 270.00' L - 140.96' Chd. Brq.-S 14'08'42- W NoTal -4cp 7 w� •.w• [�.• + a talM=a M e. I/. !C YN-a S 89,11,19, W 60.D0' SURVEYOR'S CERTIFIrAW n•n v Iw+m eaen r wIYKTU [I K`•[•Rn�w[[sIKS q Awarl• K. IM1 N 07.41'57' W 151.33' tn ya c 4 Z ■ R O CI MdHENRY COUNTY RECORDER'S CERTIFICATE a R n•rt or u•IOF) p: + V maIIT v Yeaw,) fa A W Rm rq KDYo � D� a fD U Y ixITSYOIT M Iamlml'f art¢ a YYcwr oswR, [I[IYI q M RI Mr v •s. II— •T — oa.ea ,=y, Aw W rmm[f w fm[ __stun a rAa it t K[vOD, v fTIDI UI N UNSUBOINDED^b•/ LARDS P MT` °day DRIVE et4. 1578.33 chd CITY ENGINEER'S CERTIFICATE n•rt v idea 1 g mYIR a YIOwh iIa art a Y%ILms xomT m,m xAr nrt ,aAro� v �n�r.1MT'w�'Oaemn'�a vn on. M,m AT YYwwT, YJmwT LONx{ m[1011 ilq MT v f_ arr clam CITY mm's CERTIFICATE fart v alfof 1 ra 1 a wowr, fU44 Yom oam I M ww® � '� 141 W f®Ilm m AYf R Kfalrlel sA.T Ir1Yam R M art mAla a so oR •, m Knave Ym q TNI ALL Oml' Ilgt m M OR a W W; nNOS 0vIC1t0 nlS[a11DIf .®RO R M Ott MAR p fb Ma AYe TYr M RPYO fo< q :."aewan K m �'MeOi wf O'Ilm v w mry M awYm DP[ .[ IfYRe fn R YNO •10 aN a M rt a Ytlmxf. WIOL D[f _ e•r v f� PLAN COMMISSION APPROVAL nAn v u•IYI ) m v Yaa,) m RA— Yew•IR GDx M rowl o)JIR. uwPA m Iae1/T mm TYT YtK •Iw NMR v Y/pllT T"ilat�M I�OIYOITm r.m Iw10�lle I�WI� iu 11111DI m11R IIYT q TI( AYO® RAf W 4l0 AMwn •wr a M u[w Ir11fID w M AYlom ful. 11�U,q m Aw DIRT A•rwolm R M w.+l mYYml a M RAI YIEq Yr XAY[ •M GK Al Yea[TepA Y10w• mxR Sl•Iw3 Ta � MT a m M xxYpld,[ a M Y.aIOa1 mIfILL a M QR a YYOw4 ufoF ORwR OD1T OWIYA HIM DOIayDal CERTIFICATE AS TO SPECIAL ASSESSMENTS n•rt a uelan ) fa matt v YYOw1) 1,I< on v Ysaw•, 11wur, m Yoo• mIRT ,Hui no'a�' er eYwacl, q 1YAADII q IT,.DIm .fY.. A'"Ifs<mS,n q •n mam rn.u.min MRv nuI wK � Mlgrso Awar M T•An v 1110 wnYem w M MT Mlm Al Year, —1 caxR, IIeIYi Ut _ Mr W 1_ en I•L•YA rlrwlm rcle INLAND CAPITAL FUND L.P. 2901 BUTTERFIELD ROAD OAKBROOK. IWNOIS 60521 CEMCON, Ltd. IM131 lbl]IR ♦ryY OInN 7nn1s[ • RYnw• IYI]I rMY alKl (� w_1a1e1� W1M 06L II] I Saf00L1 ISI I41I[ . W 0Y•ww R I IIr HID R / eG W. I mislrrlal t11ra , I+n Boa ICI I fee ml EXHIBIT E WT r %; IL I v E D MCHENRY COUNTY HIGHWAY DEPARTMENT 12104 Country Qub Road P.O. Box 369 (Mail) Woodstock Illinois 60098 PHONE 815-338-3630 FAX 815-338-Ml May 30, 1995 Mr. Gerald R. Peterson City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050-5642 RE: Inland Business Park Access to Bull Valley Road & Crystal Lake Road (County Highways #51 and #6) Dear Mr. Peterson: MAY 31 1995 CITY OF MICHEND MICHAEL P. MAGNUSON P.E. COUNTY ENGDMM The McHenry County Highway Department has reviewed the revised "Preliminary Engineering Plan", dated 2/95, for the above referenced development and has the following comments: The access locations as shown on the plan are acceptable to the Highway Department. 2. Fifty (50) feet of half -right-of-way will have to be dedicated along Crystal Lake Road. An additional 10-15 feet of right-of-way will have to be dedicated along Bull Valley Road to accommodate the proposed right -turn lane that the County will be constructing. 3. As mentioned in our letter of May 3, 1995, we are requesting that the City reserve a 150 foot wide corridor for the proposed west bypass. 4. No direct access to individual lots will be allowed from Bull Valley Road or Crystal Lake Road. 5. The developer will be required to construct exclusive left and right turn lanes on Crystal Lake Road. In reference to your letter of May 9th, we have the following responses: 1. The McHenry County Highway Department requires all new subdivisions to dedicate additional right-of-way along their frontage to accommodate the future expansion of the roadway (as outlined in item #2 above). As the Bull Valley Road and Crystal Lake Road corridors develop, we will obtain this right -of --way and should be able to widen these roadway without significant right -of --way acquisition. /�1-177� 11 • 417 t,1 1 1 Lor 1'R.d1CI1R I O1.J ..10.d "I7 r . v—) 2. We have budgeted funds to pay for the County's local match ($400,000) of the construction of Ridgeview Drive and the intersection on Bull Valley Road. We are in the process of approving an engineering agreement with our consultant to prepare the roadway plans and specifications. We are hopeful that construction could begin this year; however there are wetlands involved with this project and it is therefore difficult to predict what the permitting process will be. 3. The right-of-way.can be dedicated to the City of McHenry as the City will have jurisdiction over this roadway upon completion of construction. If you have any further questions regarding this development or Ridgeview Drive, please do not hesitate to contact our office. Very truly yours, Michael P. Magnuson, P.E. County Engineer EXHIBIT F THE CHURCH OF HOLY APOSTLES 5211 West bull Valley Road • McHenry, IL 60050 - (815) 385-LORD (5673) MEMORANDUM TO: The M cH eery City Council FROM: The Church of Holy Apostles DATE: June 14, 1995 RE: Holy Apostles and Inland Annexation Agreement The Church of Holy Apostles agrees with the wording of the annexation agreement to be entered into between the City of McHenry and InLand Capital Fund (American National Bank and Trust Company of Chicago, Trust No. 117509-08), the approximately 200 acre "property," with the following clarifications: i) The agreement shall be interpreted to mean that The Church of Holy Apostles has the ability to concoct to any crater system ortensioa c=pleted by or under the diraction of Inland. However. Holy Apostles is not subjact to any recapture agreeoeotlfee associated with 1nLand 's construction of said triter extension. 2) The agreement shall be interpreted to mran that The Church of Holy Apostles is not governed by InLands signage regulations. However, the signage for The Church or Holy Apostles shall be regulated by the City of McHenry. We appreciate the time and consideration that both 1nLand and the City have given to the Church s concerns as well as the expeditious and courteous manner in which both parties addressed those concerns. We look forward to the completion of this matter and will cooperate in whatever manner necessary to help bring it to conclusion at the next scheduled meeting. Please tall if you have any questions. 2� -A Rev. Robert N. Sherry Pastor GC 4 : C4n. r l�/t✓r��'K PA ✓ AIM Rant /�u Ki v01