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HomeMy WebLinkAboutOrdinances - OR-02-1121.A - 12/20/2002 - PRE-ANNEX AGMT HOWE PROPERTYORDINANCE NO. nRn-n2-112i A AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS THE HOWE PROPERTY, LOCATED AT THE NORTHEAST CORNER OF ILLINOIS ROUTE 120 AND WONDER ROAD IN MCHENRY COUNTY, ILLINOIS WHEREAS, Doris B. Howe and Nancy K. Renovitch, not individually, but as Co - Trustees under a Trust Agreement dated March 14, 1984, and known as the Robert G. Howe Trust are the legal owners of record of the 118 acres of real estate commonly known as the Howe Property, located at the northeast corner of Illinois Route 120 and Wonder Road, in McHenry County, Illinois, and have requested that the City enter into an Pre - Annexation Agreement for said real estate; 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 Pre -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 Pre -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 Pre -Annexation Agreement, bearing the date of December 30, 2002, between the City of McHenry, an Illinois Municipal Corporation and Doris B. Howe and Nancy K. Renovitch, not individually, but as Co -Trustees under a Trust Agreement dated March 14, 1984, and known as the Robert G. Howe Trust, be and the same is hereby approved. A complete and accurate copy of said Pre -Annexation Agreement, labeled "Howe Pre -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 signatures as Mayor and City Clerk to said Pre -Annexation Agreement for the uses and purposes therein 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 2nTH DAY OF nFf FMRFR , 2002 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, ALTHOFF. NAYS: ABSTAINED: ABSENT: NOT VOTING: NONE NONF NONE NONE APPROVED THIS 20TH DAY OF ATTEST: l tx. . CIT CL RK DECEMBER .2002 0 MAYOR 2 HOWE PRE -ANNEXATION AGREEMENT This Agreement made and entered into this 30t' day of December, 2002, by and between Doris B. Howe and Nancy K. Renovitch, not individually, but as Co -Trustees under a Trust Agreement dated March 14, 1984, and known as the Robert G. Howe Trust, 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 entry into a Pre -Annexation Agreement for 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 at the northeast corner of Illinois Route 120 and Wonder Lake Road, and consists of approximately 118 acres. D. The SUBJECT PROPERTY is currently used agriculturally, and is zoned A-1, A-1- C-V, and E-1, pursuant to the McHenry County Zoning Ordinance. E. The SUBJECT PROPERTY currently has five (5) electors residing thereon, all of whom have signed the petition for annexation. F. 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 may be annexed to the CITY upon becoming contiguous to the corporate boundaries of the CITY. G. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. H. 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. I. 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. J. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. K. 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: 1. Annexation. The OWNER agrees to submit a proper petition for annexation to the CITY. Upon the conclusion of the required public hearing, 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. 2. Zoning. Concurrently with the submittal of a petition for annexation, OWNER shall file a petition to rezone the SUBJECT PROPERTY, in accordance with the codes and ordinances of the CITY. 3. Preliminary and Final Plat. OWNERS agree that prior to development of the property, a preliminary and final plat or plats shall be filed for the SUBJECT PROPERTY, in accordance with the codes and ordinances of the CITY. 4. Legal Fees. Upon annexation of the SUBJECT PROPERTY to the CITY, the CITY agrees to reimburse OWNER for certain legal fees incurred by the OWNER. Said reimbursement shall not exceed $1,500 for legal fees associated with the preparation of this Pre -Annexation Agreement and fifty percent (50%) of the legal fees, up to a maximum of $5,000, in challenging the forcible annexation of approximately 8 acres of OWNER's adjacent property to the Village of Wonder Lake. 5. Donations, Contributions, and Fees. CITY acknowledges and agrees that because the property will be developed for commercial purposes, no annexation fee shall be required. However, both parties recognize that the property could at a future date be developed for residential purposes. OWNER acknowledges that if the property is annexed to the CITY, and all or a portion of the SUBJECT PROPERTY is rezoned for residential purposes, it will impact 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 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: FA a) OWNER shall pay to the CITY the lump sum of $1,000 per acre of the SUBJECT PROPERTY to be developed for residential purposes, prior to the approval by the CITY of the first preliminary plat for development of all or a portion of the SUBJECT PROPERTY for residential purposes. b) OWNER shall pay to the CITY the sum of $560 per single-family residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. c) OWNER shall pay to the CITY the sum of $1,886 per single-family residential unit ($1056 to School District 15, $769 to School District 156 and $61 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. Provided, however, on or before the thirty- sixth (36th) month after the CITY'S 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. d) At the end of each one-year period, with the first adjustment occurring on May 1, 2004, the fees referenced in the preceding paragraphs b and c shall be adjusted upward by the percent which the Chicago Area Consumer Price Index has moved upwards since December 31, 2002, and every December 31s` 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. e) Cash Donations. 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 $2,155 $3,255 $269 269 $5,948.00 Bedrooms $4,750 $4,605 269 269 9,893.00 14 Bedrooms 5,460 $6,075 §269 P269 12,073.00 or More Bedrooms 4,990 6,084 $269 $269 11,612.00 3 The Cash Donations referred to in this chart shall collectively be referenced as "Minimum Cash Contribution Amounts". ii. At the end of each one-year period, with the first adjustment occurring on May 1, 2004, the Minimum Cash Contribution Amounts shall be adjusted upward by the percent that the Chicago Area Consumer Price Index has moved upwards since December 31, 2002, and every December 315` 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. iii. 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. iv. 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 retain 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. f) 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. g) 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. 4 6. Underground Utilities The OWNER shall install all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development underground. 7. Recapture Provision. CITY agrees that the OWNER shall be reimbursed for additional, expanded or oversized municipal public improvements required by the CITY, which benefit not only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service areas for such improvements. In the event OWNERS make such improvements, the CITY agrees to adopt a reimbursement agreement specifying applicable terms and conditions. 8. Special Service Area. OWNER will not object to the SUBJECT PROPERTY being included in a Special Service Area (SSA) for the purpose of providing municipal sewer and/or water to the PREMISES, on the condition that the pro-rata share of the SSA attributable to the PREMISES is based on acreage. 9. Inclusion of Additional Acreage. The OWNER and CITY acknowledge that OWNER is the record titleholder of additional acreage adjacent to the SUBJECT PROPERTY (" 8-Acre Parcel", Exhibit that is currently being forcibly annexed into the Village of Wonder Lake. If any court of competent jurisdiction declares forcible annexation by the Village of Wonder Lake invalid, OWNER may immediately petition to the CITY for consideration of a pre -annexation agreement for the "8-Acre Parcel." The CITY agrees that the pre -annexation agreement for the "8-Acre Parcel" shall include the same provisions as this Agreement, and, upon completion of required hearings, shall approve said pre -annexation agreement. 10. 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 twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this agreement, provided, however, at any time during the term of this agreement, the OWNER may elect and the CITY shall not object to allowing the SUBJECT PROPERTY to be removed from the terms and conditions of this agreement and annexed into the Village of Wonder Lake. 11. 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 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 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. 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 OWNER shall continue in full force and effect. 5 13. 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 Howe Trust Roberi-G. NAK By: �i M11. 4 e CITY Mayor Attest: C C' Cl k C.1 Exhibit A Legal Description of the SUBJECT PROPERTY The West half of the Southwest Quarter of Section 19, Township 45 North, Range 11 East of the Third Principal Meridian (excepting there from the East 792 feet of the North 1650 feet and also excepting there from the North 160 feet of the West 435 feet), in McHenry County, Illinois. 7 Exhibit B Legal Description of the "8-Acre Parcel' The West half of the Northeast Quarter of Section 19, Township 45 North, Range 8 East of the Third Principal Meridian (excepting there from the North 300 feet of said parcel), in McHenry County, Illinois