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HomeMy WebLinkAboutOrdinances - O-97-835 - 10/01/1997 - AUTHORIZE ANNEX AGMT COLOMER FOR NORTHTOWN PROPERTDOCUMENT PREPARED BY AND MAIL TO: ity of McHenry 333 South Green Street 00 McHenry, Illinois 60050-5642 (815) 363-2100 FAX: (815) 363-2119 N Lt> CO 97R 052028 McHENRY COUNTY RECORDER PHYLLIS K. WALTERS t�C C E R T I F I C A T I O N Cn 97 OCT 2 2 AM 11: 4 I- I, Pamela J. Althoff, City Clerk in and for the City of McHenry, Illinois, and keeper of the official records, files, and seal thereof, do hereby certify that the attached document is a true and correct copy of Ordinance No. 0-97-835, authorizing the execution of the Annexation Agreement between John T. Colomer and. the City of McHenry for the property located at 2102 North Richmond Road, McHenry County, Illinois, passed and approved by the City Council of the City of McHenry, Illinois, at a regular meeting of: said Council held on the 1st day of October, 1997, and the same was signed and approved by the Mayor of said City on the 6th day of • October, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of McHenry, Illinois this 13th day of October, 1997. -N SE A Lftew ;ti s .r` Pamela J. Althoff, Cit qkdrk of the City of McHenry, 13.inois 97-81-0290 ORDINANCE NO.0-97-835 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, AND JOHN T. COLOMER WHEREAS, JOHN T. COLOMER is the record owners of property located on the east side of Illinois State Route 31, north of the McHenry Commons Shopping Center, and is currently known as 2102 N. Richmond Road, McHenry, Illinois; and WHEREAS, notice of a public hearing was published in the NORTHWEST HERALD, a newspaper of general circulation published in the City of McHenry, within the time provided by law, notifying the public of a hearing on said proposed Annexation Agreement before the Corporate Authorities of the City of McHenry, McHenry County, Illinois; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found the entry into said Agreement will not be detrimental to the public health, welfare, or safety of the inhabitants of the City of McHenry, MCHenry County, Illinois; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF Mc HENRY, Mc HENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Annexation Agreement, being the date of October 1 .-_ 1997 by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and JOHN T. COLOMER be and the same is hereby approved. A complete and accurate copy of said Annexation Agreement is attached to this Ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk of the City of McHenry are authorized to 97-81-0291 affix their signatures as Mayor and City Clerk of the City of McHenry to said Agreement for the uses and purposes therein set forth. SECTION 3: This Ordinance shall be in full force and effect immediately after its passage and approval as required by law. PASSED by the City Council of the City of McHenry, Illinois and approved by me this _ day of O .taber 91997. AYES: Bolger, Glab, McClatchey, Murgatroyd, Cuda. NAYS: None. ABSTAIN: Nona ABSENT: Baird. APPROVED THIS 1gt DAY OF October , 1997. ATTEST: City Clerk -ti YOR, CITY OF Mc HENRY, ILLINOIS 97-81-0292 EXHIBIT A c:\Margo\zoning\Colome-I586\Annex.agr October 2, 1997 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this i ct day of October , 1997, between the CITY OF McHENRY, an Illinois municipal corporation, hereinafter referred to as the "CITY", and JOHN T. COLOMER, hereinafter referred to as "OWNER", pursuant to the provisions of65 ILCS 5111-15.1. WITNESSETH WHEREAS, OWNER is the owner of record of the real property legally described in Exhibit "A", 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 Petition 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 SUBJECT PREMISES does not abut any township road so that no notices of the proposed annexation are required to be given to any township officials; and WHEREAS, the OWNER proposes that the SUBJECT PREMISES, upon annexation, be platted pursuant to a Preliminary Plat of Subdivision to be known as "Colomer Subdivision"; and WHEREAS, the OWNER has requested that the SUBJECT PREMISES, upon annexation, be classified as "C-5" - Highway Commercial District under the Zoning Ordinance 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 to hear applications for map amendments, has held a public hearing on the proposed classification to "C-5"-Highway Commercial District and has heretofore held all required public hearings on the application of the OWNER for said zoning classification and due notice of said public hearings have been held in all respects in a manner conforming to law; and 97-81-0293 WHEREAS, the Plan Commission has held a public meeting for review of the Preliminary Plat of Subdivision; and WHEREAS, the Zoning Board of Appeals and the Plan Commission of said CITY have made their reports and recommendations 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 and platting of the SUBJECT PREMISES for the uses as permitted under the "C-5" - Highway Commercial District of the Zoning Ordinance of the CITY in accordance with the 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 consideration of the mutual premises and agreements herein contained, the parties hereto agree as follows: 1. Annexation and Rezoning: (a) Upon the execution of this Agreement, the CITY agrees to enact and adopt ordinances annexing the SUBJECT PREMISES legally described in Exhibit "A" to the CITY. (b) Upon the execution of this Agreement, the CITY agrees to enact and adopt an ordinance approving the reclassification of the SUBJECT PREMISES to "C-5" - Highway Commercial District, under the terms of the Zoning Ordinance of the City. 2. Plat Approval: The CITY hereby approves the Preliminary Plat of Subdivision for "Colomer Subdivision" as set forth in Exhibit "B", attached hereto and made a part hereof: The Preliminary Plat of Subdivision shows a single curb cut from Illinois State Route 31 serving the two lot subdivision. OWNER agrees to cause a written cross -access easement agreement to be placed of record prior to final plat approval indicating that CITY shall be a third party beneficiary thereof so as to prohibit any amendment of said cross -access easement or increase in the number of curb cuts without consent from CITY. 3. Annexation Plat: The CITY hereby approves the Plat of Annexation of the SUBJECT PREMISES as set forth in Exhibit "C", attached hereto and made a part hereof. 4. Water and Sanitary Sewer: OWNER shall pay all costs and expenses for the construction of the extension of municipal sanitary sewer and water mains to the SUBJECT PREMISES which shall be constructed in accordance with the ordinances of the CITY. The location and specifications for said sanitary sewer and water mains shall be determined solely by the City Engineer. CITY agrees to cooperate with the OWNER in the procurement and execution of all necessary applications for permits to the Illinois Environmental Protection Agency for the construction and use of the sewer and water mains described herein. 97-81 -0294 The CITY shall exercise its powers of eminent domain, if necessary, to assist the OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water mains. The OWNER shall pay for all of the eminent domain costs and expenses incurred by the CITY, including but not limited to attorneys' fees, title charges, appraisals, survey costs, deposition costs, witness fees, litigation expenses and judgments in the acquisition of any sanitary sewer and water main easements. 5. Ownership of Utility Lines and Easements: All sanitary sewer and water mains (excluding service lines) that may be constructed and located on SUBJECT PREMISES in the future shall be dedicated to CITY following CITY's approval and acceptance of same. 6. Environmental Matters: It is understood that the CITY has the responsibility for water quality which encompasses erosion and sedimentation control, surface water drainage control and groundwater protection, all of which are regulated pursuant to existing ordinances of the CITY. Such ordinances shall regulate the development of the SUBJECT PREMISES. Owners shall provide erosion and sedimentation controls in compliance with the Illinois EPA Standards and Northeastern Illinois Planning Commission. 7. Underground Utilities: OWNER shall install underground, at OWNER'S cost, all electricity, gas, telephone lines and any other utility or cable devices, lines or conduits within the development areas of the SUBJECT PREMISES ("utility lines"). 8. Si na e• OWNER agrees that any freestanding signs for each lot shall be of a monument type ground sign with a maximum area of 0.5 square feet of sign area per foot of lot frontage and a maximum height of 8 feet. Wall signs and directional signs shall be allowed pursuant to City Ordinance. 9. 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 granted hereby shall survive the expiration of the Agreement, unless changed in accordance with law. 10. Annexation Fee: The CITY hereby waives the annexation fee for the SUBJECT PREMISES. 11. 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, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal Court. 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. 97 -8 f -0295 12. Miscellaneous: A. If any provision of this Agreement (except those provisions relating to the requested rezoning of the SUBJECT PREMISES 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. C. OWNER shall comply with the Retained Personnel Ordinance in effect from time to time. D. Except as otherwise specified herein, all City ordinances shall apply to the SUBJECT PREMISES, OWNER and all successors and assigns in title. If during the terms of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of any kind and character of the SUBJECT PREMISES, are amended or modified in any manner so as to impose more stringent requirements in the development, subdivision or construction referred to therein, such increased requirements shall, unless otherwise excepted herein, be effective as applied to the SUBJECT PREMISES 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). IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first written above. O CITY OF Mc Y, J . COLOMER ATTEST: J CITY Clerk 97-01-0296 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 AAVot Sr&WgAJ C04of the City of McHenry, and -AMEcA r &Morc, as City Clerk of said City of McHenry, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such �'gt)hj J ut� and —PArnELA T. 4r>�a� respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said CITY for the uses and purposes therein set forth, and the said kP10 P-, and City Clerk did also then and there acknowledge that as custodian of the corporate seal of said CITY to said instrument as their own free and voluntary act, and as the free and voluntary act of said CITY for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of 199J "OOOICIA,L SEAL" Kathleen M. Kunzer Notary Public, state of Illinois Not Public My Commission Expires 4/20/00 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 JOHN T. COLOMER 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, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of Q c40Lac_ c-- , 1991 . Notary Public OFFICIAL SEAL PAMBLA L ALTHOFF NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXP 10/10/99 97-81-0297 EXHI (LEGAL Dr,3%-mir i 1UN) The South 300 feet of that part of Lot 5 of the County Clerk's Plat of part of Sections 22 and 23 in Township 45 North, Range 8 Fast of the Third Principal Meridian, described as follows: Beginning at the southwest corner of the Southeast Quarter of Section 23; thence east on the quarter line, 27 rods; thence north 30 rods and 12 feet; thence west 27 rods to the west line of said Quarter; thence south along the said quarter line to the place of beginning, according to the Plat thereof recorded May 6, 1902 as Document No. 14082, in Book 2 of Plats, page 34, in McHenry County, Illinois. 97-BI-0298 PHYLLIS K WALTERS MCI-IENT HlBff - NRY COUY RECORDER ' WOODSTOCK, ILLINOIS E4IIBITTO DOC. rt0: qI R05202% No. OF PAGES NOTES: -EXHIBIT- 13 SEA MAP -IN PLAN` FILE 97-81-0299 PHYLLIS K. WALTERS jAcliENRY COUNTY RECORDER "HlBff . WOODSTOCK, IL!_INOIS IE<I11B1TTO DOC. NO: q'1 R05Z0'ZS No. OF PAGES I NOTES- Ex H ►B ��' C - • ' •. - SEA -IN PLAN' FILE 97-81-0300