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HomeMy WebLinkAboutOrdinances - O-96-809 - 12/04/1996 - AUTHORIZE ANNEX AGRMT GLAVIANO PROPERTYORDINANCE NO. 0-96-809 An Ordinance Authorizing Execution of an Annexation Agreement Relating to Property Owned by the NICKOLS GLAVIANO 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 as "Exhibit A", be entered into; and WHEREAS, NICKOLS GLAVIANO, 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 compiled 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 on inal copies of an Annexation Agreement by and between the City of McHenry and the NICKOLS GLAVIANO a copy of which is attached hereto and made a part hereof as "Exhibit A'. 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, whcih 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 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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. PASSED this dth day of T)P-remher , 19-9L-_. AYES: Bolder. Locke, Bates, Lawson, Baird, Cuda. NAYES: ABSTAINED: U=Q ABSENT: NnnP_ NOT VOTING: None. APPROVED this 4t,,— dayof The CITY OF MCHENRY, a Municipal Corporation Chartered under the laws the State -of Illino' . NTCUUA, mayor ST: NAMtLA J. AL I t-IL rr, Uly jC:Ie 7 Prepared by: RUPP & YOUMAN Attorneys for Petitioners P.O. Box 745 McHenry IL 60051-0745 (815) 38�-7444 10Jan97 THIS ANNEXATION AGREEMENT is made and entered into this 4th day of PeeEmbeE , 199__qb, between the: CITY OF MCHENRY, an Illinois municipal corporation, hereinafter referred to as the "CITY", and the NICKOLS GLAVIANO, OWNER and sole elec- tor, and ROSEMARY SWIERK, contract purchaser, hereinafter collec- tively referred to as "OWNER" of the property hereinafter described in "Exhibit All attached hereto pursuant to the:: provi- sions of 65 ILCS 5/11-15.1. W I T N E S S E T H WHEREAS, OWNER is the OWNER of record of the real property described in "Exhibit All, incorporated herein, which property is not within the corporate limits of any municipality but all of which is in the unincorporated area of McHenry County and is presently contiguous to the territory of the CITY, all of which property is hereinafter referred to as the "SUBJECT PREMISES"; and WHEREAS, said OWNER has filed with the CITY Clerk of said CITY a Petition for Annexation of the SUBJECT PREMISES to the CITY; and WHEREAS, all notices, publications, public hearings and all other matters attendant to such Petitioner for Annexation have been made, had and performed as required by statute and CITY ordinance, regulations and procedures; and WHEREAS, the CITY does not provide library or fire protection service to the SUBJECT PREMISES, so that no notices are required to be given to any library district nor to any fire protection district; and WHEREAS, the Premises do not abut any township road, so that notices of the proposed annexation are not required to be sent to the Township Trustees of Nunda Township or any other Township; and WHEREAS, the OWNER Proposes that the SUBJECT PREMISES, upon annexation, continue to be used for a millwork and cabinetry manufacturing business commonly known as "Pinnacle Wood Products" and, in addition, be used for commercial offices; and WHEREAS, the OWNER has requested that the SUBJECT PREMISES, upon annexation, receive a C-5 Highway Commercial District with a Use Variance for a millwork and cabinetry manufacturing business commonly known as "Pinnacle Wood Products", under Zoning Ordi- nance of the CITY as in accordance with all CITY ordinances and the terms and conditions of this Agreement; and WHEREAS, the Zoning Board of Appeals of said CITY being the Board duly designated by the Corporate Authorities of -the CITY has held a public hearing on the proposed rezoning of C-5 Highway Commercial District with a Use Variance for a millwork and cabinetry manufacturing business, and has heretofore: held all required public hearings on the application of the OWNER for said zoning classification and use variance, and due notice of said public hearings have been held in all respects in a manner con- forming to law; and WHEREAS, the Zoning Board of Appeals of said CITY had made its report and recommendation to the CITY Council of the CITY in accordance with the ordinances of said CITY; and WHEREAS, all other matters in addition to those specifically referred to above, which are included within this Annexation Agreement, have been considered by the parties hereto, and it is agreed that the development of the SUBJECT PREMISES for the uses as permitted under the C-5 Highway Commercial District, of the Zoning Ordinance of the CITY, with a Use Variance for a millwork and cabinetry manufacturing business, in accordance with t-be terms and conditions of this Agreement, will inure to the benefit and improvement of the CITY and its residents and will promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY; NOW THEREFORE, for and in considerations of the mutual pre- mises and agreements herein contained, the parties hereto agree as follows: 1. Annexation and Rezoning: Within thirty (30) days, after the execution of this Agreement or at the next regular meeting of the CITY Council thereafter, the CITY agrees to enact and adopt ordinances annexing the premises designated in "Exhibit A''' to the CITY. Within thirty (30) days after the execution of this Agreement or at the next regular meeting of the CITY Council thereafter, the CITY agrees to enact and adopt on ordinance approving the C-5 Highway Commercial District with a Use Variance for a millwork and cabinetry manufacturing business on.the premises. 2. Plat Approval: The CITY hereby approves the "Exhibit B" and the same shall constitute and satisfy all the requirements for the annexation plat for the SUBJECT PREMISES. 3. Water, Sanitary Sewer and Storm Sewer: The CITY shall have no legal or financial obligation to extend its sanitary sewer and water mains or lines to the SUBJECT PREMISES nor to make such facilities available to the SUBJECT PREMISES. The cost and expense of extending said mains or lines to the SUBJECT PRE- MISES shall be solely the OWNER'S provided, however, that, if necessary, the OWNER and CITY will enter into a written agree- ment, not to exceed a term of ten (10) years after construction of said mains or lines, providing for the recapture of a portion of the cost and expenses incurred by the OWNER in extending said lines or mains to the SUBJECT PREMISES. The OWNER agrees that the connection of the SUBJECT PREMISES to the CITY sanitary sewage and water mains or lines shall. also be subject to any recapture arrangements or agreement between the CITY and third parties. OWNER agrees to pay, within ninety (90) days from execution of this agreement, $2,351.29 toward the existing recapture agreements for sewer and water improvements between CITY and Northern Illinois Medical Center (NIMED) dated July 16, 1984 and headed, respectively, "Sanitary Recapture Agreement" and "NIMED Corp. Water Line Recapture Agreement". The OWNER shall connect the SUBJECT PREMISES to CITY's sewer and water systems within 1 (one) year from the placement of water and sewer to the property line of the SUBJECT PREMISES. Upon said connection, all private water wells and septic systems serving the subject premises shall be abandoned. Upon such connection, all applicable fees of the city, including capital development fees, shall be paid. The OWNER shall build sidewalks along the property line of the SUBJECT PREMISES adjacent to Route 31, pursuant to ordinance, within 1 (one) year from the placement of sidewalks to the property line of the SUBJECT PREMISES. 4. Ownership of Utility Lines and Easements: All sanitary and water mains (excluding service lines) that may be constructed and located on subject premises in future shall be dedicated to CITY following CITY'S approval and acceptance of same. 5. Easement The Owner does hereby convey, grant, bargain and sell to the CITY of McHenry, its successors and assigns, a Permanent Easement and a right-of-way to construct, reconstruct, install, operate and maintain CITY utility services, including storm sewer, potable water and sanitary sewer lines, pipes, manholes and all necessary accessories and appurtenances used in connection therewith, together with the right to remove trees, vegetaion and any other obstructions within said easement and right-of-way, and to enter upon, in, on, under, over and through the premises described as follows: The West 10 feet of the following described: That part of the West Half of Government Lot 1 of the Northwest Quarter of Section 2, Township 44 North, Range 8 east of the Third Principal Meridian, described as follows: Commencing at a point at the Southeast corner of said West Half fo Government Lot 1; thence North 0 56100" East along the.East line of said West Half of Government Lot 1, 567.62 feet to the point of beginning; thence North 90 00100" West along a line parallel with the Southerly line of said West Half of Government Lot 1, 440.06 feet to a point in the East right-of-way line of State Route 31; thence Northerly long said East right-of-way line ;being along a curve with a radius of 3859.83 feet as said curve is convexed to the East) a chord distance of 38.32 feet to the point cf tangency; thence North 0 38100" West along said East right-of-way line 61.68 feet; thence North 90 00100" East, 442.74 feet to the East line of the West Half of said Government Lot 1; thence South 0 56100" West along said East line, 100.00 feet to the point of beginning. All containing 1.0132 acres, more or less, in McHenry County, Illinois. The easement hereby granted is exclusive only to the CITY of McHenry herein and shall be permanent. All provisions of this instrument, including the benefit and burdens, run with the land. Subsequent to construction of said CITY utility services, as referred to herein, the CITY of McHenry shall cause the! surface grade of the easement referred to herein to be returned to a proper grade. Owner, for themselves, their successors and assigns, will warrant and defend the grant and easements herein granted forever, against all claims and demands. Owner shall not construct or maintain any permanent structure or structures upon the above -described premises. This easement shall be binding upon the successors and assigns of the Owner. 6. Severability: If any provision of this agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 7. Binding Effect and Term: This annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor OWNERS of record of the SUBJECT PREMISES, and their heirs, successors and assigns for a period of ten (10) years from the date of execution hereof, with the understanding that the zoning classification and variation granted hereby shall survive the expiration of the Agreement, unless changed in accordance with law. 8. Annexation Fee: The OWNER agrees to pay to the CITY the sum of $500.00 as and for an annexation fee, which :gum shall be payable upon the annexation of the SUBJECT PREMISES to the CITY as herein provided. 9. Enforceability: It is agreed that the parties to this Agreement, or their assignees or successors in title, may enforce and compel the performance of the Agreement or the SUBJECT' PREMISES, whether by law or in equity, by suit, riandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal Court. In the event that either party to this Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of costs otherwise allowed, its reasonable attorney's fees incurred therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first written above:. CITY OF MCHEN"X, BY: ATTEST: I_ Pamela Althoff, CV1rY Cler N CKOLS GLAVIANO ROSEMARY RK 24Jan97 EXHIBIT A SUBJECT PREMISES That part of the West Half of Government Lot 1 of the Northwest Quarter of Section 2, Township 44 North, Range 8 east of the Third Principal Meridian, described as follows: Commencing at a point at the Southeast corner of said West Half of Government Lot 1; thence North 0 56'00" East along the East line of said West Half of Government Lot 1, 567.62 feet to the point of beginning; thence North 90 00,00" West along a line parallel with the Southerly line of said West Half of Government Lot 1, 440.,06 feet to a point in the East right-of-way line of State Route 31; thence Northerly long said East right-of-way line (being along a curve with a radius of 3859.83 feet as said curve is convgxed to the East) a chord distance of 38.32 feet to the point of tangency; thence North 0 38'00" West along said East right-of-way line 61.68 feet; thence North 90 00'00" East, 442.74 feet to the East line of the West Half of said Government Lot 1; thence South 0 56'00" West along said East line, 100.00 feet to the point of beginning. All containing 1.0132 acres, more or less, in McHenry County, Illinois. PIN: 14-02-100-016 Commonly known as 414 South Route 31, McHenry, McHenry Country, IL