HomeMy WebLinkAboutOrdinances - ORD-01-1040 - 04/04/2001 - AUTHORIZE ANNEX AGMT MCHENRY SAVINGS BANK 6.28 ACORDINANCE NO. oRo-ni -i non
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT WITH MCHENRY SAVINGS BANK FOR 6.28 ACRES ON THE
EAST SIDE OF ROUTE 31, SOUTH OF THE ENTRANCE TO KNOX PARK,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, McHenry Savings Bank is the legal owner of record of a 6.28-acre
parcel of real estate located on the east side of Route 31, just south of the entrance to Knox
Park, in McHenry County, Illinois, and has requested that the City enter into an 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 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 APRIL 4, 2001
2001, by and between the City of McHenry, a Municipal Corporation in the State of Illinois,
and McHenry Savings Bank, record owner, be and the same is hereby approved. A
complete and accurate copy of said annexation agreement, labeled "McHenry Savings Bank
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
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hereof are hereby repealed to the extent of such conflict.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
4TH DAY OF
APRIL
, 2001
AYES:
BOLGER, MCCLATCHEY,
MURGATROYD,
BAIRD, CUDA
NAYS:
G LAB
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NON
APPROVED THIS 4TH
ATTEST:
CITY CLERK
DAY OF APRIL
12001
.I ire. _WA -01A 0
2
MCHENRY SAVINGS BANK ANNEXATION AGREEMENT
This Agreement made and entered into this qM day of ,COI, by
and between the CITY OF MCHENRY, an Illinois municipal orporation (hereinafter
referred to as "CITY"), and McHenry Savings Bank (hereinafter referred to as
"OWNER").
RECITALS
A. The OWNER holds fee simple title 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 has 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 currently vacant, except for two billboard signs, and is
zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance.
D. The SUBJECT PROPERTY has no electors residing thereon.
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 and may be
annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq.
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. The CITY does not provide library or fire protection services, and the annexation of
the SUBJECT PROPERTY will not include any portion of highway under the
jurisdiction of a township, so notice to the Fire Protection District, Public Library
District, or township of the annexation of the SUBJECT PROPERTY is not required.
This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5/11-15.1-1, et seq.
Page 1 of 9
J. 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, in consideration of their respective agreements set out herein, the
CITY and OWNER HEREBY AGREE AS FOLLOWS:
1. Annexation Upon execution of this Agreement, as allowable by law, the CITY shall
enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance,
together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the
County Clerk of McHenry County and recorded with 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 as provided in this Agreement by the adoption of ordinances by
the CITY immediately following the execution of this Agreement.
2. Zoninq Immediately following the annexation of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance(s) granting the following, subject to any conditions
approved by ordinance:
a) A zoning map amendment to C-5, Highway Commercial;
b) A Conditional Use Permit for a drive-thru banking facility; and
c) A Variance to Table 13 of the Zoning Ordinance to require the provision of only
129 parking spaces for a 50,000 square foot bank, versus the required 243
spaces, subject to the condition that 23 additional parking spaces as depicted on
the latest drawing submitted for zoning approval shall be installed by OWNER
upon 90 days notice, weather permitting, following a determination by the CITY
that there is inadequate parking on the site.
3. Preliminary Plat Immediately following the annexation of the SUBJECT PROPERTY,
the CITY shall adopt an ordinance approving the preliminary plat of subdivision of
the SUBJECT PROPERTY provided as Exhibit B, entitled "Preliminary Plat of
McHenry Savings Bank Plaza", prepared by Condon Consulting Engineers, P.C.,
dated 11 /27/00, and last revised on 3/6/01, attached hereto and made a part of this
Agreement by reference (hereinafter referred to as "Preliminary Plat"). Approval of
the Preliminary Plat shall entitle the OWNER to final plat of subdivision approval if
the final plat is in conformance with the Preliminary Plat, any conditions of approval
have been met, and it complies with this Agreement and all applicable ordinances,
including the CITY's Subdivision Ordinance, Zoning Ordinance, and Building Codes.
4. Condition of Zoning Approval The CITY's approval of the zoning changes as
provided in this Agreement is conditioned on the development of the SUBJECT
PROPERTY in conformance with the Preliminary Plat. Any amendments to the
Preliminary Plat shall require an amendment to this Agreement.
Page 2 of 9
5. Agricultural Uses The CITY agrees that those portions of the SUBJECT PROPERTY
that have not been final platted may be used for agricultural purposes (excluding
animal husbandry), and that such uses may be continued as a legal nonconforming
use in accordance with the ordinances of the CITY.
6. Annexation Fee OWNER shall pay to the CITY the lump sum of three thousand one
hundred forty dollars ($3,140) within thirty (30) days following City Council approval
of the annexation of the SUBJECT PROPERTY to the CITY.
7. Variances to the Subdivision Control Ordinance The CITY shall grant and approve
the following Variances to the Subdivision Control Ordinance in conjunction with the
approval of the Preliminary Plat:
a) In consideration of the Bike Path to be installed by OWNER in accordance with
this agreement, no sidewalks shall be required on either side of the interior street
(Dartmoor/Knox Drive), however, OWNER shall install a sidewalk along Route 31
in accordance with CITY ordinances; and
b) The letter of credit and/or bond required by the CITY for the purpose of
guaranteeing completion of public improvements required for subdivision
approval shall be provided by OWNER at 110% of the estimated cost of
construction of said improvements, instead of 125% as required by CITY
ordinances.
c) CITY shall not require OWNER to install public sanitary sewers under the street
pavement along the center of the public right-of-way; however, public sanitary
sewers shall be installed within the public right-of-way.
8. Sign Variances The CITY shall grant and approve the following signs:
a) A total of two (2) development entrance signs, each a maximum of eight (8) feet
in height, one hundred (100) square feet in area, and set back a minimum of
seven (7) feet from the property line, shall be permitted for the proposed
subdivision entrances from Route 31.
b) A variance to the maximum height of the permitted free standing sign for the
bank site from fifteen (15) feet to twenty-five (25) feet.
c) A variance to the maximum number of wall signs for the bank from two (2) to four
(4), and to the maximum permitted area of wall signage from one hundred
seventy-one (171) square feet to three hundred (300) square feet. The area of
each wall sign shall not exceed seventy-five (75) square feet.
Page 3 of 9
d) A variance to allow up to a maximum of four (4) additional wall signs for tenants
in the bank, with a cumulative sign area of one hundred (100) square feet.
These signs may be located only on the first floor of the bank, on the southeast
building fagade.
9. Construction Easement The CITY shall grant OWNER a 30-foot wide temporary
construction easement along the eastern boundary of the SUBJECT PROPERTY to
allow removal of trees, brush, and soil to allow construction of the interior public
street (Dartmoor/Knox Drive) as depicted on the Preliminary Plat. The CITY shall
not grant this easement without prior approval of all construction and engineering
plans and final grades, evidence of insurance, appropriate guarantees for
replacement of any trees to be removed by the OWNER, and any other reasonable
requirements of the CITY.
10. Sanitary Sewer
a) The CITY acknowledges that there is currently sanitary sewer treatment plant
capacity available from the CITY to service the SUBJECT PROPERTY, however,
the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY.
No action of the CITY regarding application to the Illinois or U.S. Environmental
Protection Agency for permission to construct sanitary sewer lines on any part of
the SUBJECT PROPERTY shall be construed to constitute any representation,
warranty, or reservation by the CITY to OWNER that municipal sanitary sewer
treatment plant or sanitary sewer main capacity or municipal water will be
available to service the SUBJECT PROPERTY when OWNER applies to the
CITY for connection permits.
b) OWNER shall, at its sole cost and expense, extend the public sanitary sewer
system from its current location on the east side of Route 31, approximately 275
feet north of the SUBJECT PROPERTY, to the southern most property line of the
SUBJECT PROPERTY to service the proposed McHenry Savings Bank Plaza
subdivision and adjacent properties to the south.
11. Existing Recapture Agreements OWNER acknowledges that the SUBJECT
PROPERTY is subject to existing sanitary and water reimbursement or "recapture"
agreements between the CITY and NIMED Corporation. OWNER shall pay the
required recapture amounts due under said agreements prior to connection to the
CITY's sanitary sewer system to service the SUBJECT PROPERTY.
12. Donation for Traffic Signal Within 30 days following the annexation of the SUBJECT
PROPERTY, OWNER shall donate to the CITY three thousand dollars ($3,000), to
be used toward the cost of construction of a traffic signal and/or roadway
improvements at the intersection of Dartmoor/Knox Drive and Route 31.
Page 4 of 9
13. Route 31 Improvements OWNER acknowledges and agrees to construct all traffic
signal and/or roadway improvements required by the Illinois Department of
Transportation (IDOT) for approval of the proposed subdivision.
14. Bike Path OWNER shall, at its sole cost and expense, construct an 8-foot wide
asphalt bike path along the north side of the Dartmoor/Knox Drive extension into
Knox Park, in lieu of a sidewalk at this location.
15. Reconstruction of Knox Park Entrance Drive OWNER shall, at its sole cost and
expense, reconfigure and construct the entrance drive to Knox Park as a condition of
approval of the first final plat of subdivision of the SUBJECT PROERTY. The final
configuration and construction detail for this entrance drive shall be determined at
the sole discretion of the CITY, and shall be constructed by OWNER in conjunction
with the other public improvements required as part of final subdivision approval in
accordance with CITY ordinances.
16.Access to Knox Park OWNER shall coordinate construction schedules, temporary
access routes, signage, and other reasonable requests by the CITY to ensure that
continuous access is available from Route 31 through the SUBJECT PROPERTY to
Knox Park during the course of construction.
17. Existing Billboard Signs OWNER shall, at its sole cost and expense, remove the
existing billboard signs located on the SUBEJCT PROPERTY not later than one (1)
year following City Council approval of the annexation of the SUBJECT PROPERTY
to the CITY.
18. 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 fifteen (15) years from the date of execution hereof, and
any extended time agreed to by amendment to this Agreement.
19. Amendment This Agreement may only be amended by written instrument executed
by all parties hereto. Provided, however, in the event title to the SUBJECT
PROPERTY, in whole or part, is transferred to successors in interest, future
amendments relating to the SUBJECT PROPERTY may be made by and between
the CITY and the title holders to the parcel directly effected by the requested
amendment without consent required by other record owners of the SUBJECT
PROPERTY.
20. Notice and Default Before any failure of any party to this Agreement to perform its
obligations under this Agreement shall be deemed to be a breach of this Agreement,
the party alleging the breach shall provide notice to the party alleged to be in default
specifying the nature of said default, and thirty (30) days elapses from the receipt of
said default notice without the default being cured. Notice shall be in writing and
delivered via certified mail, addressed as follows:
Page 5 of 9
a) CITY
City Administrator
333 S. Green Street
McHenry, IL 60050
b) McHenry Savings Bank
c/o James and Kathleen E. Marinangel
1209 N. Green Street
McHenry, IL 60050
c) Attorney for OWNER
John A. Roth
Roth & Feetterer, P.C.
607 N. Front Street
McHenry, IL 60050
21.Ordinance Changes Except as otherwise specified herein, all ordinances of the CITY
and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER
and all successors and assigns in title. If during the term of this Agreement, the
provisions of the existing ordinances and regulations which may relate to the
development, subdivision, construction of improvements, buildings appurtenances
and all other development of the SUBJECT PROPERTY, are amended or modified
in any manner so as to impose more restrictive requirements, such more restrictive
requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long
as such amendments or modifications are non-discriminatory in their application and
effect throughout the CITY or other applicable jurisdictions.
22.0bli aq tions All obligations of the OWNER in this Agreement, including monetary
obligations in existence now and in the future, as a result of this Agreement, shall
constitute covenants running with the land and such monetary obligations shall also
be liens upon the land. OWNER hereby consents to the filing of a lien on the
SUBJECT PROPERTY or parts thereof for which obligations are owed when any
obligations are more than ninety (90) days overdue.
23. 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.
Page 6 of 9
24. 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.
25. Severability If any provision of this Agreement, other than the provisions relating to
the requested zoning changes and Preliminary Plat described herein and the
ordinances 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.
CITY OF MCHENRY
MAYOR
1
Attest: Y 1,-o \ u-
CITY al-ERK
OWNER
McHenry Savings Bank
B:
Kathleen E. Marinangel
President/CEO
Fr FJ
,Xefcu�tiive •- /
Page 7 of 9
Exhibit A
, Le -gal Description of the SUBJECT PROPERTY
THAT PART OF THE WEST HALF OF GOVERNMENT LOT 3 OF THE NORTHWEST QUARTER OF
SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE SOUTHEAST CORNER OF SAID
WEST HALF OF GOVERNMENT LOT 1; THENCE NORTH O'DEGREES 55 MINUTES 00 SECONDS
EAST ALONG THE EAST LINE OF SAID WEST HALF OF GOVERNMENT LOT 1, 667.62 FEET TO
THE PLACE OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST
ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID WEST HALF OF GOVERNMENT
LOT 1, 442.74 FEET TO A POINT IN THE EAST RIGHT OF WAY LINE OF STATE ROUTE
31; THENCE NORTH 0 DEGREES 3S MINUTES 00 SECONDS WEST ALONG SAID EAST RIGHT
OF WAY LINE 345-32 FEET TO A POINT OF DEFLECTION; THENCE NORTH 2 DRGREES 50
MINUTES 00 SECONDS EAST ALONG SAID EAST RIGHT OF WAY, 165.3 FEET; THENCE
NORTH 4 DEGREES 2 MINUTES 00 SECONDS WEST ALONG THE EAST RIGHT OF WAY, 101.07
FEET; THENCE'SOUTH 89 DEGREES 43 MINUTES 05 SECONDS EAST ALONG A LINE 16 FEET
SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 1, 456.88 FEET
TO THE EAST LINE OF 'THE WEST HALF OF SAID GOVERNMENT LOT 1; THENCE SOUTH 0
DEGREES 56 MINUTES 00 SECONDS WEST ALONG SAID EAST LINE, 608.94 FEET TO THE
POINT OF BEGINNING, IN MCHENRY COUNTY TLLINOIS
Page 8 of 9
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