HomeMy WebLinkAboutOrdinances - O-98-877 - 07/08/1998 - AUTHORIZE ANNEX AGMT BRADKIN AND BROECKART PROPERTORDINANCE NO. 0-98-877
AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN ANNEXATION AGREEMENT
BETWEEN THE CITY OF MC HENRY, MC HENRY
COUNTY, ]LLINOIS, AND BRANDON F.R.
BRADKIN and DORY B. BROECKART, RECORD
TITLE HOLDERS, AND SPENCE MANAGEMENT
SERVICES, INC., CONTRACT PURCHASER.
WHEREAS, BRANDON F.R. BRADKIN and DORY B. BROECKART, are the record title
owners, and SPENCE MANAGEMENT SERVICES, INC., is contract purchaser, of property
located on the east side of Illinois State Rout 31, approximately 500 feet north of the McHenry
Commons Shopping Center, 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, bearing the date of 'J'L-! L_Y 8 ,
1998 between the City of McHenry, a Municipal Corporation in the State of Illinois, and BRANDON
F.R. BRADKIN and DORY B. BROECKAERT, record title holders, and SPENCE
MANAGEMENT SERVICES, INC., contract purchaser, 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provisions hereof, be and the same are hereby repealed to the extent of such conflict.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
8TH day of JULY , 1998.
AYES:
NAYS:
Bolger, Glab. McClatchey, Murgatroyd, Cuda.
None.
ABSTAIN: None.
ABSENT: Baird.
APPROVED THIS 8TH DAY OF
ATTEST:
City Clerk
JULY 1998.
/,--, "41 (!'e'z
'kfYOR, CITY OF Mc HENRY, ILLINOIS
c:\clients\spenc-j.119\2Annex.agr��II F'
July 9, 1998
ANNEXATION AGREEMENT
VUA
THIS ANNEXATION AGREEMENT is made and entered into this 0 ' 1 day of
July, 1998, between the CITY OF McHENRY, an Illinois municipal corporation, hereinafter referred
to as the "CITY", and SPENCE MANAGEMENT SERVICES, INC., hereinafter referred to as
"OWNER", pursuant to the provisions of 65 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
allof 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 has requested that the SUBJECT PREMISES, upon annexation,
be classified as "C-5" - Highway Commercial District together with the issuance of a Conditional Use
Permit for a drive-in establishment 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 zoning classification and has heretofore held all required public hearings on
the application of the OWNER for said zoning classification and Conditional Use Permit 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 has made its report and recommendation to the
City Council and 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 together with the issuance of a Conditional Use Permit for a drive-in
establishment under 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 execution of this Agreement, the CITY agrees
to enact and adopt ordinances annexating the SUBJECT PREMISES in Exhibit ."A" to the CITY.
(b) Upon 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
together with the issuance of a Conditional Use Permit for a drive-in establishment, under the terms
of the Zoning Ordinance of the CITY.
2. Development Plans: The proposed Burger King & Restaurant to be constructed on the
SUBJECT PREMISES shall be developed in accordance with the following plans:
(a) Landscape Plan prepared by Earth Development, Inc., and dated May 4, 1998,
attached hereto and made a part hereof as Exhibit "B"; and
(b) Building Elevation Plans prepared by Baker, Bednar & Associates, Inc., and dated
March 1, 1998, attached hereto and made a part hereof as Exhibit "C"; and
(c) Signage for the SUBJECT PREMISES shall include the following:
(i) Any freestanding sign shall be a monument ground sign with a maximum area
of 0.5 square feet of sign area per foot of lot frontage not to exceed 40 square
feet per side, and maximum height of 8-feet; and
(ii) Variations to allow a "pre -sell menu board" at the rear of the building with
a sign area not to exceed seven (7) square feet; and to allow a "caution
clearance 9-feet" sign and two (2) "DO NOT ENTER" directional signs to be
in excess of three (3) feet in height.
(d) With 120-days (weather permitting) following acceptance by the CITY of a
dedicated public street constructed immediately north of the north property line of the SUBJECT
PREMISES, making the SUBJECT PREMISES a corner lot, OWNER shall construct a full access
curb cut for ingress/egress between the SUBJECT PREMISES and the new public street.
Contemporaneously, the OWNER shall reconfigure the Illinois State Route 31 access to allow only
right -in turning movements to the SUBJECT PREMISES. In the event the OWNER'S monument
sign needs to be relocated to accommodate the above access, the CITY agrees to cooperate with the
OWNER in order to insure visibility for said sign at the intersection of the proposed public street and
Illinois State Route 31.
3. 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 inspections 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.
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.
4. 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 prior to the issuance
of a building permit.
5. 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.
6. 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 property ("utility lines").
7. Severability: If any provision of this Agreement is held invalid, such provision shall
be deemed to be excised here from and the invalidity thereof shall not affect any of the other
provisions contained herein.
8. 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 twenty (20) 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.
9. Annexation Fee: The OWNER hereby agrees to pay to CITY an annexation fee of
One Thousand Five Hundred and no/100 ($1,500.00) Dollars.
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
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. 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.
OWNER:
SPE AGE NT SERVICES, INC
Its V, Cf S Mz4kk—
STATE OF ILLINOIS )
) SS:
COUNTY OF McBENRY )
CITY
OF !D
u
ATTEST:
City Clerk
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that S4 e j a ^ CAA, , of the City of McHenry, and1 A J . A�N4 OF V , 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 M Ryo 2 and ury C.t-.-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 tg A yo iZ 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 A'f.! S f" , 199 9
44j: L-O,
a
AL SEAL" Notary Public
M. Kunzer State of Illinois Explres 4129/00 5
STATE OF ILLINOIS )
) SS:
COUNTY OF McHENRY )
I, a Notary Public in and for said County, in the St4te aforesaid, DO HEREBY CERTIFY that
(`i n;sj., pkL, V.SD ccpersonally known to me to be tdfrtbsident of SPENCE MANAGEMENT
SERVICES, INC., a corporation, , ~�~�^^�' •' v~�--- `- ��.� ``tee
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 as such resident and-Seeretuy, they signed and delivered the said instrument and
caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the
Board of Directors of said corporation as their free and voluntary act and as the free and voluntary
act and deed of said corporation, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this a I sfi day v , 1998.
Sc
OFFICIAL SEAL Notary Publi
SALLY JO CUNNY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/22/01
6
EXHIBIT "A"
(LEGAL DESCRIPTION)
Part of Lot 5, except for the South 300 feet, of the County Clerk's Plat of Parts of
Sections 22 and 23 in Township 45 North, Range 8 East 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. -
EXHIBIT "B"
(Landscape Plan)
....... .....
I =-k7
I
A
I
EXHIBIT "C"
(Building Elevations)
I
IO
41
A q
rl
0�
s
0
MR
mim
I
LIM I I
I I MR 0,11,
.
H
lip
fig
i
}
A
;i; 0