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HomeMy WebLinkAboutOrdinances - O-98-880 - 08/12/1998 - AUTHORIZE ANNEX AGMT ADAMS COMMERCIAL CENTERORDINANCE NO.0-98-880 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, RICHARD A. ADAMS and RITA A. ADAMS, RECORD TITLE HOLDERS. WHEREAS, RICHARD A. ADAMS and RITA A. ADAMS, are the record title owners, of property located on the north side of Illinois State Route 120 and south of Lincoln Road, in McHenry Township, McHenry County, 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 August 12, 1998 between the City of McHenry, a Municipal Corporation in the State of Illinois, and RICHARD A. ADAMS and RITA A. ADAMS, record title holders, 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3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict.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 this nth day of August AYES: NAYS: ABSTAIN: 1998. Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. None. None. ABSENT: None. APPROVED THIS 12thDAY OF August , 1998. YOR, CITY OF Mc HENRY, ILLINOIS ATTEST: ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this ��` day of August, 1998, between the CITY OF McHENRY, an Illinois municipal corporation, hereinafter referred to as the "CITY", and RICHARD A. ADAMS AND RITA A. ADAMS, 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 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 abut a township road, namely, Lincoln Road, and notices of the proposed annexation have been given to the McHenry Township officials and an Affidavit of Notice has been duly recorded in the McHenry County Recorder's Office; and WHEREAS, the OWNER proposes that a portion of the SUBJECT PREMISES, upon annexation, be platted pursuant to a Preliminary Plat of Subdivision to be known as "Adams Commercial Park"; and WHEREAS, the OWNER has requested that a portion of the SUBJECT PREMISES, upon annexation, be classified as "BP" - Business Park District and a portion be classified "E" - Estate District under the Zoning Ordinance of the CITY and the terms and conditions of this Agreement; and WHEREAS, the Plan Commission of the CITY has held a public meeting to review the Preliminary Plat of Subdivision for Adams Commercial Park in accordance with the ordinances of the CITY; 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 classifications and due notice of said public hearings has been held in all respects in a manner conforming to law; and WHEREAS, the Plan Commission and Zoning Board of Appeals of the CITY have made the appropriate reports and recommendations to the City Council of the CITY in accordance with the ordinances of the 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 Business Park District and the Estate 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 execution of this Agreement the CITY agrees to enact and adopt an ordinance annexing the SUBJECT PREMISES legally described 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 portion of the SUBJECT PREMISES legally described and depicted in Exhibit "B", attached hereto and made a part hereof, to the `BP" - Business Park District and approving the reclassification of the portion of the SUBJECT PREMISES legally described and depicted on Exhibit "C", attached hereto and made a part hereof to the "E" - Estate District, under the terms of the Zoning Ordinance of the CITY. (c) OWNER agrees that the Estate Parcel shall contain no more than one single family residence. 2. Plat Approval: (a) The CITY hereby approves the Preliminary Plat of Subdivision for Adams Commercial Park prepared by Charles A. Mionske, Inc., with a revision date of July 28, 1998. (b) The CITY hereby grants a variance to the minimum design standards of the Subdivision Control Ordinance to allow cul-de-sac lengths in excess of 400 feet, as shown on the Preliminary Plat for Adams Commercial Park. (c) Subject to the terms of Paragraph 3, below, the CITY hereby grants a variance to the minimum design standards of the Subdivision Control Ordinance to allow the subdivision of the SUBJECT PREMISES without a complete public water supply and distribution system. The approval of this variance is conditioned on the requirement contained in this Agreement that the OWNER construct public water mains and a well as part of the development of Adams Commercial Park. 3. Water and Sanitary Sewer: (a) Within 360 days of final plat approval for Adams Commercial Park, OWNER shall, at OWNER'S cost, install municipal sanitary sewer and water mains to service the proposed Adams Commercial Park Subdivision which shall be constructed in accordance with the ordinances of the CITY, including the extension of a twelve (12") inch water main from Outlot B to the north and south boundaries of said subdivision; provided, however, OWNER, shall not be responsible for any costs and expenses for the extension of the water main under the Fox River referred to in Paragraph 3(d) below. OWNER'S obligation to install said sanitary sewer and water mains shall not be contingent on the CITY'S construction of a municipal well or elevated water storage tank on Outlot B as referenced below. 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. (b) 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; provided, however, in no event shall OWNER be liable for any such costs for any easements required as a result of the water main connection and/or extension under the Fox River referred to in Paragraph 3 (d) below. (c) OWNER agrees to convey and/or contribute to the CITY Outlot B, the well located on Outlot B, and a pump (including pitless adapter) of a sufficient size as determined by the City Engineer, within thirty (30) days after recording of the Final Plat of Subdivision for Adams Commercial Park or at such time as is agreed by the parties. The OWNER shall have no further obligations for any additional improvements to Outlot B. Subject to Paragraph 3(d) below, the City, at its cost, agrees to construct whatever additional facilities upon Outlot B as are necessary in order to provide a safe operating public water supply system permitted by the Illinois Environmental Protection Agency and to construct an elevated water storage tank on Outlot B The parties agree to cooperate with each other in order to obtain any permits required herein. The City agrees to own and operate said public water supply system after conveyance thereof by Owner and permitting. 3 (d) The CITY's obligations referred to in Paragraph 3(c) above are expressly contingent upon the acceptable water quality of said well and a municipal water main being constructed across and below the Fox River and being extended southerly and easterly to a location directly north of the northern boundary of the SUBJECT PREMISES. Upon completion of this municipal water main extension, the CITY shall have a reasonable time frame to complete its obligations referred to in Paragraph 3(c) above. The OWNER is not responsible for any cost for construction of said water main extension and/or connection under the Fox River. (e) Owner, at Owner's cost, agrees to extend a twelve (12") inch water main, and provide a fifteen (15') foot permanent easement therefor on the easterly side of the Estate Parcel from the northerly boundary of the Adams Commercial Park to the southerly right-of-way line of Lincoln Road. (f) The City agrees to use its best efforts to cause to be provided a sewer connection on the south side of Lincoln Road for any proposed residential structure which may be constructed on the Estate Parcel. (g) In the event the contingencies set forth in sub -paragraphs (c) and (d) above are not met, then City agrees to allow Owner to develop Adams Commercial Park utilizing a private well or wells until such time as municipal water is available to the boundary of Adams Commercial Park in which event Owner shall have one year to connect to said municipal water. 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. 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 agrees to pay an annexation fee of $1,500.00 per residential unit in addition to the current tax lag fee of $1,533.00 per residential unit on the Estate Parcel at such time as a building permit is issued for such residential unit. There shall be no annexation fee due on the BP Parcel of 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 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. Recapture. Upon the development of any portion of the SUBJECT PREMISES, the CITY reserves the right to request OWNER to construct additional, expanded or oversized municipal public improvements onsite which benefit not only the SUBJECT PREMISES, but also other properties being or to be developed in the relevant service areas for such improvements. In the event such improvements are made by OWNER, the following provisions shall apply and be included in a subsequent reimbursement agreement: (a) The properties which may reasonably be expected to benefit directly or indirectly from the construction and installation of such additional onsite expanded or oversized sanitary sewer main improvements (`Benefited Property") will be determined by the CITY's Consulting Engineer. (b) OWNER shall be allowed reimbursement for expanded or oversized sanitary sewer main or water main improvements as follows: 1. 100% for improvements made offsite of the Property; and 2. Proportionately on a per acreage basis for improvements made onsite of the SUBJECT PROPERTY. (c) The CITY shall endeavor to collect a pro rata sum or money from the owners of the Benefited Property upon connection. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the Benefited Property owners shall be determined by the CITY's Consulting Engineer taking into account the following factors: construction and easement costs; professional fees; testing and analysis fees; and legal and administrative expenses. In addition, interest shall be collected from the commencement date of this reimbursement provision, calculated annually at one percent (1%) over the last July 1, five year treasury bill rate. The sum collected shall be paid to OWNER after deduction of two percent (2%) for administrative charges due CITY. In the event that any State statute shall determine an interest rate other than set forth in this paragraph I I (c), the State Requirement shall prevail. (d) Subject to a nonapplicable fmal court order, directing CITY to act otherwise, the CITY shall not issue any connection permits until the Benefitted Property owner pays the reimbursement charge set forth in this paragraph. (e) The CITY will use its best effort to collect the cost provided herein from the Benefited Property owners but shall not be liable to OWNER if the CITY is, for any reason, unable to collect said cost. The CITY's liability to reimburse OWNER shall be limited to payment from funds actually collected from Benefitted Property owners. (f) The CITY and OWNER reserve the right to, at any time during the term of this Annexation Agreement, file the Recapture Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefitted Property of the terms of this recapture provision. (g) Upon development of the SUBJECT PREMISES, OWNER, shall furnish to the CITY copies of all permits required for the improvements referred to in this Agreement. (h) OWNER shall reimburse and indemnify CITY for all costs, engineering and attorney's fees and liability incurred by the CITY in attempting to collect the reimbursement amount subject to this recapture provision. (i) This recapture provision shall have a commencement date when the CITY Engineer issues a letter indicating substantial completion of the public improvements which are the subject of the Recapture Agreement and shall terminate upon the earlier of twenty years thereafter or upon reimbursement by the Benefitted Property owners of the charges referred to in this reimbursement provision. 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. MMM ARI CITY OF McHENRY, a G!J ATTEST: C][TYCle�rk�� 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 :5rtyen Cc.uto., , as Mayor of the City of McHenry, and Pam & J- Akbg as City Clerk of said City of McHenry, personally known to me to be the same persons whose nhInes are subscribed to the foregoing instrument as such Mayor and City Clerk 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 Mayor 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 dot day of , 199 "OFFICIAL SEAL" Kathleen M. Kunzer Notary Public, State of Illinois My Commission Expires 4/29/00 STATE OF ILLINOIS ) ) SS: COUNTY OF McHENRY ) . 441� 4)-) &n� Notary Public I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that RICHARD A. ADAMS and RITA A. ADAMS personally known to me to be the same persons whose name are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of .1998 OFFICIAL SEAL PAMELA J. ALTHOFF NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXP. 10/10/99 Win— � _/Notary Public 8 EXHIBIT "A" (LEGAL DESCRIPTION) The Northeast 1/4 of the Southwest 1/4 of Section 25, Township 45 north, Range 8 East of the Third Principal Meridian, (excepting therefrom, that part of the North 801.33 feet thereof, which lies West of a line 747.75 feet West of and parallel with the East Line of the Northeast 1/4 of the Southwest 1/4 of said Section 25, and except the East 357.77 feet of the North 435.60 feet thereof and except the South 660 feet of the North 1095.60 feet of the East 421.08 feet thereof, and except the West 230.0 feet of the East 747.75 feet of the North 238.70 feet thereof; also excepting part conveyed by Joseph H. Weber and Adele Weber, his wife, to the Township of McHenry, a Municipal Corporation, by Document Number 420989, recorded October 7, 1963, described as follows: The North 40.0 feet of the West 456.67 feet of the East 517.75 feet of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 45 North, Range 8, East of the Third Principal Meridian, excepting therefrom that portion previously used and/or dedicated for road purposes), all in McHenry County, Illinois. Also the West 3 chains and 62 links of the Northwest 1/4 of the Southeast 1/4 (excepting the North 1095.60 feet thereof) of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. 9 EXHIBIT "B" (`BP" PARCEL LEGAL DESCRIPTION) THE WEST 3 CHAINS AND 62 LINKS (238.92 FEET) OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (EXCEPT THE NORTH 1095.60 FEET THEREOF) OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS, ALSO: THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 88° 32' 18" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 579.05 FEET; THENCE NORTH 11" 59' 39" EAST, 238.55 FEET; THENCE NORTH 880 43' 21" EAST, 526.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0° 49' 45" E. EAST ALONG SAID EAST LINE, 229.67 FEET TO THE PLACE OF BEGINNING). ALL CONTAINING 4.1943 ACRES, MORE OR LESS, IN McHENRY COUNTY, ILLINOIS 10 EXHIBIT "C" (ESTATE PARCEL LEGAL DESCRIPTION "E PARCEL" THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THAT PART OF THE NORTH 801.33 FEET THEREOF WHICH LIES WEST OF A LINE 747.75 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25 AND EXCEPT THE EAST 357.77 FEET OF THE NORTH 435.60 FEET THEREOF AND EXCEPT THE SOUTH 660 FEET OF THE NORTH 1095.60 FEET OF THE EAST 421.08 FEET THEREOF AND EXCEPT THE WEST 230.00 FEET OF THE EAST 747.75 FEET OF THE NORTH 238.70 FEET THEREOF AND EXCEPT THAT PART OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 88' 32' 18" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 579.05 FEET; THENCE NORTH 110 59' 39" EAST, 238.55 FEET; THENCE NORTH 880 43' 21" EAST, 526.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 00 49' 45" E. EAST ALONG SAID EAST LINE, 229.67 FEET TO THE PLACE OF BEGINNING). ALL CONTAINING 15.7216 ACRES, MORE OR LESS, IN McHENRY COUNTY, ILLINOIS. 11