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HomeMy WebLinkAboutOrdinances - ORD-00-979 - 10/04/2000 - AUTHORIZE ANNEX AGMT GALANOPOULOS 2.33 AC PARCELORDINANCE NO. ORD-00-979 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH CHRISTINE GALANOPOULOS FOR A 2.33-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BARREVILLE ROAD AND BEACH DRIVE, IN MCHENRY COUNTY, ILLINOIS (CASSIE ESTATES SUBDIVISION) WHEREAS, Christine Galanopoulos is the legal owner of record of the real estate located at the southeast corner of Barreville Road and Beach Drive, 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 OCTOBER 4 2000, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Christine Galanopoulos, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Galanopoulos 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 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set forth. 1 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 4TH DAY OF OCTOBER 12000 NONE. NONE. NONE. APPROVED THIS 4TH DAY OF ATTEST.- C::�� CITY CL!ERK OCTOBER .2000 '�/�AYOR FA GALANOPOULOS ANNEXATION AGREEMENT This Agreement made and entered into this 4TH day of OCTOBER _, 2000 , by and between Christine Galanopoulos, hereinafter referred to as "OWNER', j_ndt6 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 owner 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 uSUBJECT 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 517-1-8 and the ordinances of the CITY. C. The SUBJECT PROPERTY is located at the southeast corner of Barreville Road and Beach Drive, and consists of 2.33 acres. D. The SUBJECT PROPERTY is currently improved with a single-family residence, and is zoned R-1, Single -Family Residential, pursuant to the McHenry County Zoning Ordinance. E. The OWNER is the only Elector residing upon the SUBJECT PROPERTY. 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 is presently 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. 1. 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. Page 1 of 8 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 publications 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 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. Zoning 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. Preliminary Plat Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall approve the preliminary plat of subdivision for the SUBJECT PROPERTY provided as "Exhibit B", entitled "Preliminary Plat of Cassie Estates Subdivision", prepared by Condon Consulting Engineers, P.C, dated August 17, 1999, and last revised on June 1, 2000, attached hereto and made a part of this Agreement by reference. IV. Variances to the Subdivision Control Ordinance The CITY shall grant and approve the following Variances to the Subdivision Control Ordinance of the City in conjunction with the approval of the preliminary plat of subdivision: 1. No sidewalk, pavement, curb and gutter, or construction of other street improvements shall be required on Beach Drive or Barreville Road as a condition of subdivision approval; and OBLIGATIONS OF THE OWNER V. Under -ground Utilities OWNER shall install underground, at OWNER's cost, all electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service development of the SUBJECT PROPERTY. VI. Minimum Dwelling Size OWNER acknowledges and agrees that the finished -floor area of single-family dwellings to be constructed on the SUBJECT PROPERTY, . Page 2 of 8 exclusive of porcheO, breezeways, and garages, shall not be less than 1,600 square feet for a ranch style home, and not less than 1,900 square feet for a tri- level, bi-level, or two-story sty16 homa. VIL Donations� Contributions� and Fa-6s 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 th6 CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall- bd 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. Public Road Improveiment Donation OWNER acknowledges and agrebt that Beach Drive and Green Street are not currently improved to meet CITY standards for a public street. In lieu of improving Beach Drive and Green Street as part of the development of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $2,200 per single-family unit constructed on the SUBJECT PROPERTY, to be used by the CITY for improvements to Beach Drive or Green Street, or such other public improvements as decided by the CITY. Said deposit shall be paid upon issuance of each building permit. The improvement of Beach Drive or Green Street shall be initiated at the sole discretion of the CITY. At the end of each one-year period, with the first one-year period beginning May 1, 2000, the road improvement donation shall be adjusted upward by the percent that the Engineering News Record Construction Cost Index has moved upwards since December 31, 1999, and every December 31st thereafter. 15. Sidewalks In lieu of constructing sidewalks as part of the development of the SUBJECT PROPERTY, OWNER agrees to deposit Eleven Thousand Dollars ($11,000) with the CITY to be used by the CITY for the installation of sidewalks along Beach Drive or Green Street, or such other public improvements as decided by the CITY. Said deposit shall be paid prior to the CITY's approval of a final plat of subdivision of the SUBJECT PROPERTY. The installation of sidewalks along Beach Drive or Green Street shall be initiated at the sole discretion of the CITY. C. Annexation Fees OWNER shall pay to the CITY the lump sum of $2,330 within thirty (30) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. Page 3 of 8 2. OWNER shall pay to the7- CITY the sum of $530 per singlez-family residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. 1 OWNER shall pay to the CITY th6 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) constmeted on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. 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 diger6tion of the City Council. To the extent any of these funds are distributed to said School Districts, they shall be uged 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 para graph for CITY use. Nothing herein is intended to create third part bene'ficidry rights in School Districts 15 and 156 or the Library District. 4. At- th6- end- of each- one�-year period, with- the first one-year period beginning May 1, 2000, the fees referenced in -the preceding paragraphs 2 And 3 shall be adjusted upward by the percent which the Chicago ArOt Consumer Price Index has moved upwards since December 31, 1999, 46d every December- 31't- 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 tfil-U, as published by the United States Department of Labor, Bureau of Labor Statistics. D. -Cash Donations OWNER shall pay to- the- CITY certain Gash 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: chool IDistricts Park IDistrict Library Fire Total per Unit 2 or Less Bedrooms 2,003 $3,026 -District 250 $250 $5,529 3 Bedrooms 3,260 $4,349 $250 $8,109 4 Bedrooms L4,515 �5,646 1250 250 �250 $10,661 � or More Bedrooms 639 �5,655 2-5-0 $0- 5 0 0110,794 The Cash Donations referred to in this" chart shall collectively be referenced as"Minimum Cash Contribution Amounts". Page 4 of 8 2. At the end of each one-year period, with the first one-year period beginning May 1, 2000, 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, 1999, and every December 318t 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 pa id by the OWNER pursuant to the CITY's ordin6hce's, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amount previously paid by th6 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. E. Release OWNER hereby releas6t 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 felbs� set forth in this Agreement, or the purpose for which the money is spent. F. Ponationt Distinguished from Fees Othdr than the donations and feet specified in the foregoing paragraphs, during the term of this Agreement, and irretpebtive of any existing, new or revitbd 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 dny other governmental body. Building permit fees, water and sewer connection and capital development fees, and other similar faleFs� which are charged for specific services provided by the- CITY, shall b6 payable in accordance with the CITY ordinances in existence and as amended from tirrwto time�, except as specifically provided in this Agreement. Page 5 of 8 MISCELLANEOUS VI. 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. VII. 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. Vill. 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. IX 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 CITY Bv: Christine Galanopo2o0s ayor 3503 W. Beach Drive McHenry, IL 60050 Attest: City Clerk Page 6 of 8 Exhibit A Legal Description of the SUBJECT PROPERTY Page 7 of 8- Exhibit B Preliminary Plat of Subdivision of the SUBJECT PROPERTY i M-0 0 M