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HomeMy WebLinkAboutOrdinances - O-99-911 - 06/02/1999 - AUTHORIZE ANNEX AGMT GARY AND LORIDALE RICKERORDINANCE NO. o99-911 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH GARY AND LORIDALE RICKER, FOR A 2.69 ACRE PROPERTY LOCATED ON THE WEST SIDE OF GREEN STREET, 200 FEET SOUTH OF KNOX PARK, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, Gary and Loridale Ricker are the legal owners of record of the real estate located on the west side of Green Street, 200 feet south of Knox Park, in McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said annexation agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said annexation agreement is in the best interest of the City. 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 JUNE 2. 1999, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Gary and Loridale Ricker, record owners, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Ricker Annexation Agreement', is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and 4Mfl Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. 1 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 THISgmn DAY OF -111uE 11999 AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: BOLGER, GLAB, MCCLATCHEY, BAIRD, CUDA. NONE. NONE. MURGATROYD. 2ND DAY OF JUNE , 1999 2 RICKER ANNEXATION AGREEMENT This Agreement made and entered into this 2ND day of JUKE 1999, by and between, Gary and Loridale Ricker, hereinafter collectively referred to as "OWNER', and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as "CITY". RECITALS A. The OWNER is the record title holder to the real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER filed with the City Clerk a Petition for Annexation of the SUBECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8 and the ordinances of the CITY. C. The SUBJECT PROPERTY is located on the west side of Green Street, 200 feet south of the Knox Park, and consists of 2.69 acres. D. The SUBJECT PROPERTY is currently vacant, unimproved, and has no electors residing thereon, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. E. The SUBJECT PROPERTY consists of one contiguous tract of land, all of which is not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and is presently contiguous to the corporate boundaries of the CITY. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq., of the Illinois Municipal Code. I. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. J. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as are required for the CITY to effect the terms of this Agreement. 1 NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and OWNER hereby agree as follows: OBLIGATIONS OF THE CITY I. Annexation Upon the execution of this Agreement, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY, and shall file a copy of said ordinance, together with an accurate Plat of Annexation, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following with the execution of this Agreement. II. Zonin-q Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a Zoning Map Amendment for the SUBJECT PROPERTY to RS-2, Medium -Density Single -Family Residential. III. Preliminary Plat Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall approve the preliminary plat of subdivision of the SUBJECT PROPERTY provided as "Exhibit B", entitled "Ricker Subdivision", prepared by Rooney Consultants, Inc., dated June 1, 1998, and last revised on OCTOBER 26, 1998 , attached hereto and made a part of this Agreement by reference. IV. Waiver of Water Connection and Capital Development Fee The CITY agrees that pursuant to an Easement Agreement entered into between OWNER and CITY, and recorded as Document No. 91-06-0483 the connection fee and capital development fee payable at the time of application for a single family residence permit to connect to the CITY water main shall be waived for one lot. OWNER shall determine to which lot the waiver shall apply. OBLIGATIONS OF THE OWNER V. Driveways The OWNER agrees that all driveways within the SUBJECT PROPERTY will be designed and constructed to include a turn -around, so that vehicles may exit the proposed lots without backing up onto Green Street. The final plat for the SUBJECT PROPERTY shall include the following note: "Driveways on Lots 1, 2, 3 and 4 shall be designed and constructed to include a turn -around, so that vehicles may exit the proposed lots without backing up onto Green Street". VI. Donations, Contributions, and Fees OWNER acknowledges that the development of the SUBJECT PROPERTY will impact on schools, parks, the library and fire protection districts and other public services within the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER K shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows: A. Annexation Fees 1. OWNER shall pay to the CITY the lump sum of $2,690, representing $1,000 per acre of the SUBJECT PROPERTY, within sixty (60) days following the annexation of the SUBJECT PROPERTY. 2. OWNER shall pay to the CITY the sum of $530 per single-family residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. 3. OWNER shall pay to the CITY the sum of $1,683 per single-family residential unit ($954 to School District 15, $673 to School District 156 and $56 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. Provided, however, on or before the thirty-sixth (36t) month after the CITYS execution of the final plat of subdivision, the payment obligation in this paragraph shall accelerate, if not already paid in full, and OWNER shall pay to the CITY the balance then due and owing in one lump sum. That portion of these funds to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they shall be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third part beneficiary rights in School Districts 15 and 156 or the Library District. 4. At the end of each one-year period, with the first one-year period beginning May 1, 1999, the fees referenced in the preceding paragraphs 2 and 3 shall be adjusted upward by the percent which the Chicago Area Consumer Price Index has moved upwards since December 31, 1998, and every December 31 st thereafter. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 3 B. Cash Donations 1. OWNER shall pay to the CITY certain Cash Donations per single-family residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Park Library District Fire District Total per Unit or Less Bedrooms $2,017 $1,093 245 245 $3,600 Bedrooms $4,371 $1,583 245 245 $6,444 Bedrooms $5,082 2,031 245 245 $7,603 or More Bedrooms $4,797 01,988 0245 245 07,275 The Cash Donations referred to in this chart shall collectively be referenced as "Minimum Cash Contribution Amounts". 2. At the end of each one-year period, with the first one-year period beginning May 1, 1999, the Minimum Cash Contribution Amounts shall be adjusted upward by the percent which the Chicago Area Consumer Price Index has moved upwards since December 31, 1998, and every December 31St thereafter. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 3. In the event the Minimum Cash Contribution Amount, as calculated above, is less than the cash donation amounts set forth in the CITY's cash contribution ordinance for schools, parks, library and fire districts, as amended from time to time, an amount equal to the amounts specified in the CITY's cash contribution ordinance shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. 4. In the event the CITY's cash contribution ordinance, or any other ordinance of the CITY relating to developer cash contributions for schools, parks, library and fire protection districts, is repealed or declared by a court of law to be found unenforceable and all appeals have been exhausted, OWNER agrees to pay, subsequent to such final court action, the Minimum Cash Contribution Amount set forth in this Agreement. In the event such final court order requires the CITY or School Districts to return or refund monies paid by the OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to allow the CITY or School Districts to retaip the Minimum Cash Contribution Amount previously paid by the OWNER. It is the express intent of the OWNER to release the CITY and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. 4 C. Release OWNER hereby releases the CITY from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. D. Donations Distinguished from Fees Other than the donations and fees specified in the foregoing paragraphs, during the term of this Agreement, and irrespective of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and capital development fees, and other similar fees which are charged for specific services provided by the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. VII. Underground Utilities The OWNER shall install all electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development underground, except that this requirement shall not apply to the existing utility lines located along Green Street. MISCELLANEOUS Vill. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY' and successor municipalities for a period of ten (10) years from the date of execution hereof, and any extended time agreed to by amendment to this agreement. IX. Enforceability It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgement, 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 the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. X. Waiver The failure of the CITY to insist, in any one or more 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 obligations of the OWNER shall continue in full force and effect. XI. Severability If any prevision of this Agreement, other than the provisions relating to the requested zoning changes described herein and the ordinance adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER 'Oary Iker 1109 N. River Road McHenry, Illinois 60050 I `"� Loridale Ricker 1109 N. River Road McHenry, Illinois 60050 CITY ayor Attest: ClerkCity n Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 1 Part of the Northeast Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the North Quarter corner of said Section 2; thence Easterly parallel with the north line extended Easterly of a parcel of land conveyed by Edwin V. Knox and his wife, to Robert G. Miller and his wife, by Deed recorded May 23, 1956 as Document No. 308003, a distance of 72.0 feet to the center line of Barreville Road (Elgin Road); thence Southwesterly along said center line, a distance of 330.78 feet; thence Westerly parallel with the north line extended Easterly of said parcel of land, conveyed by Knox to Miller, a distance of 56.0 feet to the place of beginning, in McHenry County, Illinois. UWTOI Parcel 2 Part of the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the North Quarter corner of said Section 2; thence Southerly along the east line of the Northwest Quarter of said Section 2, a distance of 824.5 feet for the place of beginning; thence Westerly parallel with the north line of a parcel of land conveyed by Edwin V. Knox and his wife, to Robert G. Miller and his wife, by Deed recorded May 23, 1956 as Document No. 308003, a distance of 291.0 feet; thence Northerly parallel with the east line of said Northwest Quarter, a distance of 330.0 feet to the place of beginning, in McHenry County, Illinois. 7 ,1. Exhibit B ldld SIONIl11 ' ,ltiN3HDW MVNIWI-Md NOISIMienS 63ADI8 1t•n Ieaa eaaa 1 \ 1 1 1 • . �b nn •'i ._tom, n�,11 11' � I ,� I'. I ` ,,�, ' \;el, \ 1', ' ', � \ 111 `'• '� ` 111 � 1 I Ij � 1 � i •ill 'I'� II '', � 1,11, 1 , '`I ` \ 1`, 11 \'" ,I'1 `,�'', 11 '�\ ' ��'\ ('I � ; � I , 1 1 , 1 1 ` l i l I , i l ) \ �♦ . . . '`, • 'I 1 ` I ' '� I 11 ,, ', !J, , 1 ', l 11 I ` EI \ 1 I 1 I, • I ; I -1 1 L) 1 i , '1 1 � ' � 1 1 1 ' , 1 `'11'' � 1,1 ■ I 1 1 � ' r', �Ild i' , I 1 I i l , \ 1 1�\ '1`,•\'','`,l;ll,;I'''i;';;1;�1r1t��;;';,�1�'\'•,Ilt —.1`'I�'�'I Ir�r I Ly 1 •i E ` 11 � �\ \ ���iul..., 4':° ` '1' 1 �' i l i l l l l , 11 ; 1 jI'1I'•. i It lilt itbq� ;deg 1 cq =4�e e yy fit yb• Hill g;:3s�5g�i