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HomeMy WebLinkAboutOrdinances - O-97-850 - 11/05/1997 - APPROVE ANNEX AGMT WEGRZYNORDINANCE NO. 0- 9 7- 8 5 0 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, AND KEVIN G. WEGRZYN AND BEVERLY S. WEGRZYN WHEREAS, KEVIN G. WEGRZYN and BEVERLY S. WEGRZYN are the record owners of property located on the east side of Crystal Lake Road, across form McHenry. High School West Campus, and is currently known as 4811 W. Crystal Lake 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 November 6, 1997 by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and KEVIN G. WEGRZYN and BEVERLY S. WEGRZYN 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3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict.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, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of McHenry, Illinois and approved by me this ft 5TH day of November, 1997. AYES: ROLLER r_r_An MCCLATCHEY, MURGATROYD, BAIRD, CUDA. NAYS: NONE. ABSTAIN: APPROVED THIS 5TH DAY OF NOVEMBER , 1997. OR, CITY OF Mc HENRY, ILLINOIS ATTEST: City Clerk C:\oldfil--\clients\Wegrzyn-1.292\Annexat.Agr �� November 7, 1997 EXHIBIT « A ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this 6th day of November, 1997, between the CITY OF McHENRY, an Illinois municipal corporation, hereinafter referred to as the "CITY", and KEVIN G. WEGRZYN and BEVERLY S. WEGRZYN, hereinafter collectively referred to as "OWNER", pursuant to the provisions of 65 ILCS 5/11-15.1. 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, as amended, 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 Premises does not abut a township road; and WHEREAS, the OWNER proposes that the SUBJECT PREMISES, upon annexation, be used as a professional dental office; and WHEREAS, the OWNER has requested that the SUBJECT PREMISES, upon annexation, receive a zoning classification of "0-V - Local Office District, along with variances 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 has held a public hearing on the proposed rezoning and has heretofore held all required public hearings on the application of the OWNER, as amended, for said zoning classification and variances, and due notice of said public hearings have been held in all respects in a manner conforming to law; and WHEREAS, the Zoning Board of Appeals of said CITY has 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 "0-1" - Local Office District of the Zoning Ordinance of the CITY and for variances, 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 considerations of the mutual premises and agreements herein contained, the parties hereto agree as follows: 1. Annexation and Rezonine: a) Upon execution of this Agreement, the CITY agrees to enact and adopt ordinances annexing the SUBJECT PREMISES designated in Exhibit "A" to the CITY. ' b) Upon execution of this Agreement, the CITY agrees to enact and adopt an ordinance approving the classification of the SUBJECT PREMISES to "0-1 "- Local Office District, together with the following variances: 1) Chapter V, Table 6, minimum lot width along arterial street, from 200 feet to 100 feet; and 2) Chapter V, Table 6, interior side yard setback adjacent to a residential district from 15 feet to 10 feet from the south property line. 2. Plat of Annexation Ap rn oval: The CITY hereby approves Exhibit "B" and the same shall constitute and satisfy all the requirements for the Plat of Annexation for the SUBJECT PREMISES. 3. Sanitary Sewer: The CITY shall have no legal or financial obligation to extend its sanitary sewer lines to the SUBJECT PREMISES nor to make such facilities available to the SUBJECT PREMISES. CITY shall allow OWNER the right to utilize a private sanitary septic system provided said septic system is approved by the McHenry County Health Department. The OWNER shall connect the SUBJECT PREMISES to CITY's sewer system within one (1) year upon the sewer being available (either at the property line or immediately across the street) to the SUBJECT PREMISES. Upon said connection, all private 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 by OWNER. The OWNER shall be responsible for its prorata share of the improvements to the sewer system as constructed by CITY to service the SUBJECT PREMISES and other property in the general area pursuant to the CITY' S overall sewer PA system project for this area; provided, however, such cost is equitably imposed on all other property owners. If the CITY finances the sanitary sewer improvements through a Special Service Area or by Special Assessment, the SUBJECT PREMISES shall be included in such Special Service Area or Special Assessment and be subject to the terms thereof. 4. Water Main: The OWNER shall connect to the CITY's water main, located on the west side of Crystal Lake Road, at the time any building is constructed on the SUBJECT PREMISES. Upon such connection, all applicable fees of the CITY, including capital development fees, shall be paid by OWNER. 5. Development Plan: The OWNER agrees that the development of the proposed dental office on the SUBJECT PREMISES will be in substantial conformance with the Site Plan prepared by Sullivan Dental Products, Inc., and dated May 6,1997, attached and incorporated hetein as Exhibit "C", and the Landscape and Screening Plan, prepared by Tom's Lawn and Landscaping and dated June 19, 1997, attached and incorporated herein as. Exhibit "D". The development of the SUBJECT PREMISES shall be approved only in conformance with all applicable code requirements of the CITY, except those requirements that are specifically modified by ordinance. 6. Access: The OWNER shall include on the Site Plan a non-exclusive thirty (30) foot ingress/egress easement in a configuration that allows access onto Crystal Lake Road from the SUBJECT PREMISES and the adjacent property to the south to be consolidated at a location on the SUBJECT PREMISES through a private driveway which lines up with the southernmost entry into the high school property. Said easement shall be prepared in recordable form and submitted for recording within ninety (90) days of execution of this Agreement. The CITY shall be a third party beneficiary of said easement to prevent any amendments to said easement without the consent of the CITY. 7. 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. 8. Bindins 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 variances granted hereby shall survive the expiration of the Agreement, unless changed in accordance with law. 9. Annexation Fee: The CITY hereby waives the annexation fee for the SUBJECT PREMISES. 10. 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 3 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. 11. Waiver: The failure of the CITY to insist, in any one or ore 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 obligation of the OWNER shall continue in full force and effect. 12. Future Zoning Changes: The OWNER retains the right to petition to amend the zoning of SUBJECT PREMISES without requiring an amendment to this Agreement. The zoning petition shall be submitted and processed in accordance with the City's Zoning Ordinance. However, nothing contained within this Agreement shall be construed as requiring the City's approval of such future petitions. 13. 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. CITY OF McHENRY, ATTEST: CITY Clerk 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 of CITY OF McHENRY, and _RAOf said City of McHenry, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Or and t6 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 OF McHENRY for the uses and purposes therein set forth, and the said officers did also then and there acknowledge that _he, as custodian of the corporate seal of said CITY OF McHENRY to said instrument as — own free and voluntary act, and as the free and voluntary act of said CITY OF McHENRY for the uses and purposes therein set forth. Given under my hand and Notarial Seal this Y—Aday of (iL`Q'rdf/0 , 199+1. Ift- Notary Public F AL SEAL" M. Kunzer c, State of Illinois on Expires 4129/00 STATE OF ILLINOIS ) ) SS: COUNTY OF McHENRY ) KEVIN G. WEGRZYN and BEVERLY S. WEGRZYN, being first duly sworn on oath depose and say that they have read the above and foregoing ANNEXATION AGREEMENT by them subscribed, know the contents thereof and state that the same are true and correct to the best of their belief. KEV RZYN i l BEVERLY .WEG SUBSCRIBED AND SWORN TO BEFORE ME this a day of 4 , 1997. wa,ta'.0-Ij� Notary Public Ywrirw "OPPIC3AL SEAL" Kathleen M. Kunzer Notary Public, State of Illinois My fcmmiulon Expires 4/29/00 EXHIBIT "A" (LEGAL DESCRIPTION) Lot 30 in Kelter Estate Subdivision Unit No. 1, being a Subdivision of part of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, in Book 10 of Plats, Page 112, in McHenry County, Illinois. Permanent Property Index Number: 09-34-327-002