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HomeMy WebLinkAboutOrdinances - O-99-919 - 05/05/1999 - AUTHORIZE ANNEX AGMT 1014 N RIVER RD DANIEL ADAMSORDINANCE NO. 0-99-919 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH DANIEL L. ADAMS, FOR THE PROPERTY LOCATED AT 1014 N. RIVER ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, Daniel L. Adams is the legal owner of record of the real estate located at the intersection of North Avenue and Plymouth Lane, commonly known as 1014 N. River Road, 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 MAY 5 1999, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Daniel L. Adams, record owner, 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 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set forth. 1 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 THIS AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: 5TH DAY OF MAY , 1999 BOLGER, MURGATROYD, BAIRD, CUDA. GLAB. MCCLATCHEY. NONE. APPROVED THIS 5TH DAY OF ATTEST: e CITY CLERK - T MAY , 1999 4AZYO R E ANNEXATION AGREEMENT This Agreement is entered into this 5TH day of MAY , 1999, by and between, DANIEL L. ADAMS as Trustee of the Daniel L. Adams Trust dated the 22nd day of November, 1995, hereinafter referred to as the "OWNER", and the CITY OF McHENRY, a Municipal Corporation of the State of Illinois, hereinafter referred to as "CITY". RECITALS 1. This Agreement is made pursuant to and in accordance with the provisions of Section 65 ILCS 5111-15.1-1, et seq., of the Illinois Municipal Code. 2. The OWNER is the record title holder of 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". 3. 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. 4. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. 5. 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 the sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. 6. The required notice of the proposed annexation has been sent to all McHenry Township Officials, all McHenry Fire Protection District Officials, McHenry Library District Officials and the McHenry Sanitary and Water Conservation District as required by law. _ 7. If any of the SUBJECT PROPERTY includes any highway under the jurisdiction of any township, then notice of the annexation of the SUBJECT PROPERTY has been served to the Township Commissioner of Highways and the Board of Township Trustees by certified mail. 8. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as are required for the CITY and the OWNER to effect the terms of this Agreement. 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 1. Annexation. Upon the execution of this Agreement, the CITY shall adopt an ordinance annexing the SUBJECT PROPERTY, and shall file a copy of said ordinance, together with the Plat of Annexation provided as "Exhibit B" attached hereto and made a part of this Agreement by reference, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance re -zoning the property to the I-1, Industrial Classification; granting a Variance to Chapter III, Section G, of the Zoning Ordinance to permit more than one principal building on a lot, and granting a Variance to Table 8 of the Zoning Ordinance to permit the building setbacks for the existing buildings. 3. Vacation of Street. Upon the annexation of the SUBJECT PROPERTY to the CITY, the CITY shall adopt an ordinance vacating that portion of North Avenue and Plymouth Lane described on "Exhibit C" attached hereto and made a part of this Agreement by reference. OBLIGATIONS OF THE OWNER 4. Annexation Fees. The OWNER agrees to pay the CITY an annexation fee of $4,000, which fee shall be paid within 30 days following City Council approval of the annexation of the Subject Property to the CITY. 5. Maintenance of North Avenue. Maintenance and upkeep of North Avenue from the subject property to River Road shall be the sole responsibility of the OWNER. 6. OWNER, and Daniel L. Adams individually, agree to hold the CITY harmless for all damages, loss and defense costs incurred as a result of any lawsuit filed challenging this Agreement or any ordinance passed by the CITY pursuant to this Agreement. Upon such a suit being filed, the CITY shall be reimbursed for defense costs, including attorneys' fees incurred, upon written request to OWNER and Daniel L. Adams. Failure of OWNER or Daniel L. Adams to reimburse the CITY upon request shall constitute a material breach of this Agreement and permission for the CITY to withdraw from any litigation by allowing a default judgement to be entered therein. Upon such a default, OWNER and Daniel L. Adams shall continue to hold the CITY harmless for all damages and losses sustained as a result. MISCELLANEOUS 7. Prohibition of Vehicular Access to Plymouth Lane. Vehicular access from the Subject Property to Plymouth Lane shall be prohibited. The OWNER shall install a fence 2 and landscaping on the vacated portion of Plymouth Lane within 120 days following the execution of this agreement. Fence installation shall be in accordance with applicable codes and ordinances. Landscaping shall be reviewed and approved by the City Council prior to installation. 8. Future Expansion to Existing Structures. A minimum setback of fifty (50) feet shall be required for all future additions from all property lines or expansions to existing structures on the Subject Property. 9. Use Limitation. The permitted uses of the existing building on Lot 6 of the Subject Property, as provided in Group T: Permitted Uses in the I-1 Industrial District, of the City of McHenry Zoning Ordinance, shall be restricted by prohibiting the following uses: • Bakery Plants; • Commercial Schools, such as for business or electronics; • Dry cleaning plants and laundries; • Golf courses and country clubs, private; • Radio and television stations and studios; • Recording studios; • Wholesaling; 10. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of land that is subject to this Agreement, and their heirs, assignees, and lessees, and upon any successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 11. Enforceability. It is agreed that the parties to this Agreement may enforce and compel the performance, 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 the costs otherwise allowed, its reasonable attorney's fees incurred therein. 12. 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 OWNERS shall continue in full force and effect. 13. Severability. If any provision of this Agreement, other than those 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. 3 14. Invalidity It is specifically agreed, however, that in the event a Court of competent jurisdiction would invalidate the zoning and variances granted pursuant to this Agreement or in the event the City fails to perform any of its obligations pursuant to this Agreement, the Owner, at his option, may declare this Agreement null and void at which time the City will take all necessary steps to repeal any previous Ordinances annexing the property and/or pass all appropriate Ordinances to disconnect said property from the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER Subscri ed and Sworn To Before Me this day of N [tom• , 1999. NOTARY PUBLIC CITY YOR CITY CUL - 4 OFFICIAL. SEt MARCIA M. GERAGKi Notary Public, Stale of lliino: My Commissiowt 71 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY THAT PART OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF BLOCK 9 IN EDGEWATER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO.48334, IN BOOK 4 OF PLATS, PAGE 19, AND RUNNING THENCE EAST ON THE NORTH LINE THEREOF, FOR A DISTANCE OF 40 FEET TO A POINT;, THENCE SOUTH PARALLEL TO THE WEST LINE THEREOF, FOR A DISTANCE OF 85.00 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 02 DEGREES, 03 MINUTES, 16 SECONDS EAST (BEARING ASSUMED) ON THE LAST MENTIONED PARALLEL LINE AND SAID LINE EXTENDED SOUTH, FOR A DISTANCE OF 118.84 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF NORTH AVENUE, NOW VACATED BY DOCUMENT NO. 356419; THENCE SOUTH 39 DEGREES, 41 MINUTES, 38 SECONDS WEST ON SAID CENTER LINE, FOR A DISTANCE OF 68.68 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF LINCOLN AVENUE AS SHOWN ON THE PLAT OF SAID EDGEWATER SUBDIVISION; THENCE NORTH 51 DEGREES, 24 MINUTES, 00 SECONDS WEST ON THE NORTHEASTERLY LINE OF SAID LINCOLN AVENUE, FOR A DISTANCE OF 66.94 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF LOT 42 OF SUNNYSIDE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 13880; THENCE SOUTH 88 DEGREES, 10 MINUTES, 13 SECONDS WEST ON THE SOUTH LINE OF SAID LOT 42, FOR A DISTANCE OF 110.16 FEET TO THE MOST EASTERLY CORNER OF BLOCK 1 OF SAID EDGEWATER SUBDIVISION; THENCE SOUTH 38 DEGREES, 52 MINUTES, 39 SECONDS WEST ON THE EASTERLY LINE OF SAID BLOCK 1, FOR A DISTANCE OF 227.85 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK l; THENCE NORTH 50 DEGREES, 51 MINUTES, 06 SECONDS WEST, ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 1, A DISTANCE OF 100.00 FEET TO THE SOUTHWESTERLY CORNER OF LOT 2 OF SAID BLOCK 1; THENCE NORTH 38 DEGREES, 56 MINUTES, 22 SECONDS EAST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 124.92 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE SOUTH 50 DEGREES, 52 MINUTES, 17 SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 27.10 FEET; THENCE NORTH 40 DEGREES, 20 MINUTES, 12 SECONDS EAST, A DISTANCE OF 29.78 FEET; THENCE NORTH 50 DEGREES, 11 MINUTES, 58 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 39 DEGREES, 45 MINUTES, 06 SECONDS EAST, A DISTANCE OF 151.32 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF LOT 42 OF SAID SUNNYSIDE SUBDIVISION; THENCE NORTH 02 DEGREES, 48 MINUTES, 51 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES, 02 MINUTES, 36 SECONDS EAST, A DISTANCE OF 5 215.12 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: LOTS 1 AND 2 (EXCEPTING THEREFROM THE NORTHEASTERLY 20 FEET OF SAID LOT 1 AND EXCEPTING THEREFROM THE NORTHEASTERLY 20 FEET OF THE SOUTHEASTERLY 22.63 FEET OF SAID LOT 2) IN BLOCK 1 IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 36, TOWNSHIP 45 NORTH RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO. 48334, IN BOOK 4 OF PLATS, PAGE 19) IN MCHENRY COUNTY, ILLINOIS. ALSO LOT 6 IN BLOCK 2 IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 36, TOWNSHIl' 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO.48334, IN BOOK 4 OF PLATS, PAGE 19, IN MCHENRY COUNTY, ILLINOIS. ALSO THAT PART OF NORTH AVENUE AND PLYMOUTH LANE LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO.48334, IN MCHENRY COUNTY, ILLINOIS. 0