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HomeMy WebLinkAboutOrdinances - O-99-945 - 11/17/1999 - AUTHORIZE ANNEX AGMT SWIERK PROPERTY 508 S RTE 31ORDINANCE NO. n_QQ_91,s AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH ROSEMARY A. SWIERK, FOR THE PROPERTY AT 508 S. ROUTE 31, IN MCHENRY COUNTY, ILLINOIS WHEREAS, Rosemary A. Swierk is the legal owner of record of the real estate located at 508 S. Route 31, 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 0000 bzr t i between the City of McHenry, a Municipal Corporation in the State of Illinois, and Rosemary A. Swierk, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, titled "Swierk Annexation Agreement", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their ,tures as Mayor and City Clerk to said annexation agreement for the uses and 'herein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 17TH DAY OF NOVEMBER 11999 AYS: BOLGER, GLAB , MCCLATCHEY . MURGATROYD . BAIRD, CI DA. NAYS: NONE, ABSTAINED: NONE. ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS 17TH DAY OF NOVEMBER 11999 ATTEST: R.An'l AYO R 2 SWIERK ANNEXATION AGREEMENT This Agreement made and entered into this 1'7 day of Ak)t,AkK- , 1915�e), by and between, Rosemary A. Swierk, hereinafter 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 titleholder 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 5/7-1-1, et seq., of the Illinois Municipal Code, and the ordinances of the CITY. C. The SUBJECT PROPERTY is located at 508 S. Route 31, and consists of 1.71 acres. D. The SUBJECT PROPERTY has no electors residing thereon, and is zoned B-1, 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. 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 the SUBJECT PROPERTY, 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. Zoning Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a Zoning Map Amendment to C-5, Highway Commercial, and Conditional Use Permits for an automobile service station and a drive-thru facility, limited to a video store, dry cleaner or financial institution, for the SUBJECT PROPERTY. OBLIGATIONS OF THE OWNER III. Annexation Fee The CITY hereby agrees to waive the annexation fee for the SUBJECT PROPERTY. IV. Existing Recapture Agreements OWNER acknowledges that the SUBJECT PROPERTY is subject to existing sanitary and water "recapture" agreements between the CITY and NIMED Corporation. OWNER shall pay the required amounts due prior to connection to the sewer or water system. V. Public Sanitary Sewer Improvements Upon execution of this Agreement, it is the parties' intention that the OWNER, at her sole cost and expense, extend the public sanitary sewer from its current terminus near the intersection of Miller Road and Route 31 to the east property line of Lot 2 of the McDonald's Subdivision. The required public sanitary sewer extension to the east property line of Lot 2 of the McDonald's Subdivision shall be designed and constructed to 2 allow the future extension and/or connection from 3816 W. Bull Valley Road (Miller Road), which is to the east of Lot 2 of the McDonald's Subdivision. OWNER acknowledges and agrees that the location and final approval of the Public Sanitary Sewer improvements described in this paragraph is subject to the review and permitting by the CITY and other agencies with jurisdiction based on detailed engineering studies. The CITY, in its sole discretion, reserves the right to direct the OWNER to extend the public sanitary sewer to a location other than that described in this paragraph, pursuant to the determination of the CITY'S Consulting Engineer and in accordance with good engineering practices. VI. Storm Water Detention Improvements Upon execution of this Agreement, it is the Parties intention that the OWNER, at her sole cost and expense, construct storm water detention improvements and facilities to accommodate only the impervious area that exceeds the previous impervious area on the SUBJECT PROPERTY. OWNER acknowledges and agrees that the final design and approval of the Storm Water Detention Improvements described in this paragraph is subject to the review and permitting by the CITY based on detailed engineering studies. The CITY, in its sole discretion, reserves the right to require improvements other than or in addition to the improvements described in this paragraph if the final engineering design is unacceptable according to good engineering practices, or if the runoff characteristics of the SUBJECT PROPERTY are altered, pursuant to the determination of the CITY'S Consulting Engineer. VII. CITY Easement OWNER shall prepare and record an easement for CITY utility services and sidewalk over the west ten (10) feet of the SUBJECT PROPERTY. Said easement shall be prepared and submitted for recording within thirty (30) days of execution of this agreement. Vill. Sidewalks OWNER shall install sidewalks within a CITY Easement, as required in Paragraph VII of this agreement, on the SUBJECT PROPERTY adjacent to Route 31, in conformance with all applicable ordinances. IX. Access Prior to the approval or issuance of any permits by the CITY for the SUBJECT PROPERTY, access to the SUBJECT PROPERTY from Route 31 shall be restricted to one (1) full access point located a maximum of seventy-five (75) feet from the north property line of the SUBJECT PROPERTY, subject to the review, approval and permitting by the Illinois Department of Transportation. X. Provision for Shared Access OWNER shall prepare and record a non-exclusive thirty (30) foot access easement on the SUBJECT PROPERTY in a configuration that allows access to Route 31 from the SUBJECT PROPERTY and the property to the north to be consolidated at a location on the SUBJECT PROPERTY through a private driveway that is located near the north edge of the SUBJECT PROPERTY ("Private Driveway Improvements"). Said easement shall be 3 approved by the City Attorney, and shall be prepared and submitted for recording within thirty (30) days of execution of this agreement. The CITY shall be a third party beneficiary of said easement to prevent any amendments without the consent of the CITY. OWNER and CITY acknowledge that the terms of said easement shall include provisions for maintenance and upkeep and will include provisions that prevent the property to the north from using said easement in the event the use or uses to which the property to the north would be put would be in violation of the terms of the lease which OWNER has in place with White Hen Pantry for the SUBJECT PROPERTY.. In the event such easement and driveway access to Route 31 will be used by the property to the north, the following provisions shall apply: 1. The properties which will benefit directly or indirectly from the construction of the Private Driveway Improvements ("Benefited Property") will be determined by the City Engineer at the time such Private Driveway improvements are constructed. The Benefited Property shall include the SUBJECT PROPERTY. 2. The CITY shall endeavor to collect a pro rata sum of money from the Owners of the Benefited Property as a pre -condition to said Owners being granted a building permit. The total cost of the improvements will be spread over the Benefited Property pro rata. 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: Total construction and easement costs, professional fees, and testing and analysis fees. Any legal and administrative expense shall not be considered. The pro rata sum to be paid to OWNER by the Benefited Property owners shall equal to one-half of said total cost. Interest shall be collected from the commencement date of this reimbursement provision, calculated annually at nine percent (9%) per annum, compounded, not to exceed ten (10) years from the date of this Agreement. Any reimbursement provision shall have a commencement date when the Private Driveway Improvements which are the subject of the reimbursement agreement are places into service and shall end on the date of the termination of this Agreement. The sum collected shall be paid to OWNER after deduction of two percent (2%) for administrative charges due to the CITY. In the event that any state statute shall determine an interest rate other than set forth in this paragraph, the state interest rate shall prevail. 3. Subject to a non -appealable final court order directing CITY to act otherwise, CITY shall not issue any building permits until the Benefited Property owner either pays the reimbursement charge set forth in this paragraph or adequately assures the CITY that the payment will be made. 4. The CITY will use its best efforts to collect the costs 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 costs. The CITY'S liability to 4 reimburse OWNER shall be limited to payment from funds actually collected from Benefited Property owners. 5. CITY shall file this Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. 6. OWNER shall reimburse and indemnify CITY for all costs, engineering and attorney's fees and liability incurred by the CITY with regard to the drafting and implementation of the Reimbursement Agreement contemplated under this Article X. XI. Development Plans OWNER agrees that the SUBJECT PROPERTY shall be developed in substantial conformance with the site plan prepared by Land Technology, Inc., and dated 11/30/99, and the building elevations prepared by Direct Design, Ltd., and dated 11/30/99, filed with the CITY for zoning approval. XII. Si na a OWNER shall remove all signage on the SUBJECT PROPERTY that is not in conformance with the CITY's ordinances prior to occupancy or within one (1) year of execution of this agreement, whichever is less. The CITY shall promptly review and issue permits for new signage on the SUBJECT PROPERTY that is in compliance with the CITY's ordinances. XIII. Limitation on Fuel Sales The dispensing or sale of diesel fuel on the SUBJECT PROPERTY shall be prohibited. MISCELLANEOUS XIV. 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. XV. 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. XVI. 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 5 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. XVII. Severability If any provision 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER Rosemary A. S ierk CITY 64a yy Zor Attest: MM-00=41 - I Exhibit A' Legal Description of the SUBJECT PROPERTY THAT PART OF THE SOUTHWEST 1/4 OF THE NORTI•IWEST 1/4 OF SECTION 2, TOWNSHIP 44 NORTH, I.ANGC 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTH LINE OF SAID QUARTER QUARTER, AT A POINT 853.10 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE BOND ISSUE ROUTE 61, NOW REFERRED TO AS STATE ROUTE 31; THENCE NORTHEASTERLY ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID ROUTE, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3859.43 FEET, A CHORD DISTANCE OF 202.53 FEET TO A POINT AT THE SOUTHWEST CORNER OF 0.18 ACRE TRACT; THENCE CONTINUE ALONG SAID CURVE A CHORD DISTANCE OF 40.16 FEET TO THE NORTHWEST CORNER OF SAID 0.18 ACRE, DEEDED AS 241.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID QUARTER QUARTER, FOR A POINT OF BEGINNING; -THENCE CONTINUE ALONG SAID CURVE, WITH AN ARC LENGTH OF 227.79 FEET, A CHORD BEARING NORTH 03 DEGREES 06 MINUTES 50 SECONDS EAST, A CHORD DISTANCE OF 227.76 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST 324.24 FEET; THENCE SOUTH 01 DEGREES 06 MINUTES 50 SECONDS EAST, A CHORD DISTANCE OF 227.76 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST 324.24 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS WEST, ALONG THE WEST LINE OF 1.24 ACRE TRACT, (BEING A PRIOR EXCEPTION), AS IT IS OCCUPIED, A DISTANCE OF 227.45 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST,.ALONG A LINE DEED AS 241.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID QUARTER QUARTER, ALSO BEING THE NORTH LINE AND AN•EXTENSION THEREOF A 0.18 ACRE TRACT, A DISTANCE OF 332.33 FEET, TO THE P01NT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. TAX ID 9 14-02-100-045-0000 COMMONLY KNOWN AS: 508 SOUTH ROUTE 31, MCHENRY, ILLINOIS 7