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HomeMy WebLinkAboutOrdinances - O-97-842 - 10/15/1997 - AUTHORIZE PRE-ANNEX AGMT JOHN DUFF 3400 N RICHMONDORDINANCE NO. 0-97-842 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND JOHN DUFF WHEREAS, JOHN DUFF is the record owner of property located east of Illinois State Route 31, south of Johnsburg Road, in the unincorporated portion of McHenry County, and commonly known as PALACE BOWL, 3400 NORTH RICHMOND ROAD, MCHENRY, ILLINOIS 60050; and WHEREAS, the Zoning Board of Appeals, pursuant to proper legal notice, has held a public hearing regarding the zoning of this property; and WHEREAS, notice of 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 MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Annexation Agreement bearing the date of October 15 , 1997 by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and JOHN DUFF 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 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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be -in full force and effect from. and after its passage, approval and publication in pamphlet form as provided by law.. PASSED THIS 15th DAY OF Actober , 1997. AYES: Bolger, Glab, McClatchey, Murgatroyd, Cuda. NAYS: None. ABSTAINED: None. ABSENT: Baird. NOT VOTING: None. APPROVED THIS 15th DAY OF October , 1997. R ATTEST: r CITY CLERK August 27, 1"7 11:13 am MC1EENRY\ANNEXAGM.DUF JOHN DUFF PRE -ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 15th day of October , 1997, by and between the CITY OF McHENRY, "City," a Municipal Corporation, in the County of McHenry, State of Illinois, and JOHN DUFF, "Owner." Recitals A. Owner holds fee simple title to the parcel of real estate legally described on "Exhibit All attached hereto and made a part of this Agreement by reference, containing approximately.six acres, hereinafter referred to as the "Property." B. Owner 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 5/11-15.1-1, et seq., and the Ordinances of the City. C. The Property is located east of Route 31, south of Johnsburg Road, in the unincorporated portion of McHenry County. D. The Property is presently improved with a business housing a bowling alley, bar and food service area. There are no electors residing thereon. E. The Property is presently zoned 11B-2" Liquor Sales under the McHenry County Zoning Ordinance. F. The Property constitutes unincorporated territory which may be annexed to the City, upon becoming contiguous to the City's corporate limits, as provided in 65 ILCS 5/11-15.1-1, et seq. G. The Owner desires to have the Property annexed to the City upon becoming contiguous to the City and in accordance with 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 Annexation Agreement, Page 1 control the development of the area and serve the best interests of the City. H. 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. I. The City does not furnish fire protection or library services and no township roads are being affected. J. Prior to the date of this Agreement, all required public hearings were held. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, IT IS HEREBY AGREED AS FOLLOWS: TITLE I OBLIGATIONS OF THE CITY I. ANNEXATION. Upon the Property becoming contiguous to the corporate limits of the City, the City shall pass an ordinance annexing the Property. The ordinance shall be effective immediately upon its passage. A copy of said ordinance shall then be filed in the Office of the County Clerk of McHenry County and recorded in the McHenry County Recorder of Deed's Office. II. ZONING. Contemporaneously with the annexation of the Property, the City shall adopt an ordinance amending the provisions of the McHenry Zoning Ordinance to provide that the Property shall be classified in the C-5 Highway Commercial Zoning District, with a conditional use for an indoor amusement establishment, restaurant with bar and live entertainment and dancing. TITLE II OBLIGATIONS OF THE OWNER III. RESTRICTIONS. Owner shall not petition any municipal corporation, other than the City, or otherwise seek to annex the Property into any other municipal corporate limits and Owner will object to any attempt by other municipalities to annex the Property. Annexation Agreement, Page 2 IV. DONATIONS. CONTRIBUTIONS AND FEES. Following annexation of the Property to the City, enforcement of City ordinances, with respect to impact fees, shall be waived and no such charge shall be assessed against Owner so long as the Property continues to be used within the allowable uses of the C-5 Highway Commercial Zoning District of the City. In the event the Property is reclassified at a later date to any form of residential development, the then prevailing City ordinance relating to school, library, fire and park donation fees shall apply and be paid upon such reclassification. V. SEWER AND WATER SERVICE. Upon connection of the Property to the City's water and sewer system, the Owner shall pay water and sewer connection fees and capital development fees at the then current rate. VI. ANNEXATION FEES. The Owner shall not be obligated to pay any annexation fees to the City in relation to annexation of the Property to the City. VII. RETAINED PERSONNEL FEES. Owner shall not be required to reimburse the City for any costs associated with the annexation of the Property to the City referred to in the retained personnel ordinance. TITLE IV MISCELLANEOUS VIII. PARTIAL INVALIDITY OF AGREEMENT. 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 and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. Annexation Agreement, Page 3 IX. 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 20 years from the date of the execution hereof. X. NOTICES AND REMEDIES. A. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or 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 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. Notice shall be provided at the following addresses: City: City Clerk City of McHenry 333 South Green Street McHenry, IL 60050 Copies to: City Attorney David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 Owner: John Duff 150 Eagle Point Road Fox Lake, IL 60020-1772 XI. AMENDMENT. This Agreement may only be amended by written instrument executed by all parties hereto. Annexation Agreement, Page 4 XII. VENUE. In the event any legal action arising out of this Agreement is instituted by the parties hereto, the venue for such action shall be restricted to the Circuit Court of the 19th Judicial Circuit, McHenry County and no action shall be brought by the parties hereto, their successors or assigns in any Federal Court. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. OWNER: "DuffP CITY: THE CITY OF MCHENRY even J . Cuda , �Mayor ATTEST:(�:�(& Pamela J. Alth Clerk Annexation Weamont, Page 5 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 personally 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, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as such MAYOR and CITY CLERK of said City and caused the City Seal of said City to be affixed thereto pursuant to the authority given by the Mayor and City Council of said City as their free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purposed therein set forth. M my hand and notarial seal t�iis , —2 "OFFICIAL SEAL" Kathleen M. Kunrer Notary Public, State of Whole My Commission Explrao 4/00/00 A day of W I/ .r..� Notary • Annexation Agreement, Page 6 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 Duff, 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 severally acknowledged that he signed and delivered said instrument as his free and voluntary act for the uses and purposes therein set forth. Given nder y hand and notarial seal this qi�Y� day of x ,�e�t 1997. OFFICIAL SEAL C PAMELA J. ALTHOFF \ NOTARY PUBLIC, STATE OF ILLINOIS 'Notary Pubic MY COMMISSION EXP. 10/10/99 Annexation Agreement, Page 7 Exhibit A to John Duff Pre -Annexation Agreement The South 486.40 feet of the North 1181.40 feet of the East Half of the Southwest Quarter of Section 14, Township 45 North, Range 8 East of the Third Principal Meridian, which lies East of the Easterly right of way of State Route 31, in McHenry County, Illinois. Annexation Agreement, Page 8