Loading...
HomeMy WebLinkAboutOrdinances - ORD-02-1097 - 08/19/2002 - AUTHORIZE ANNEX AGMT C & A LEASING HILL STREETORDINANCE NO.ORD-02-1097 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH C & A LEASING CORPORATION FOR A 3.69 ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF HILL STREET, APPROXIMATELY 442 FEET WEST OF THE INTERSECTION OF DRAPER ROAD AND ILLINOIS STATE ROUTE 120, IN MCHENRY COUNTY, ILLINOIS WHEREAS, C & A Leasing Corporation is the legal owner of record of the real estate located on the south side of Hill Street, approximately 442 west of the intersection of Draper Road and Illinois State Route 120, 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 July 29, 2002, between the City of McHenry, a Municipal Corporation in the State of Illinois, and C & A Leasing Corporation, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "C & A Leasing Corporation 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. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 DAY OF , 2002 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, ALTHOFF NAYS: NONE ABSTAINED: NONE NONE ABSENT: NONE NOT VOTING: APPROVED THIS li� DAY OF La oY , 2002 ATTEST: C CLERK 2 C & A LEASING CORPORATION ANNEXATION AGREEMENT; This Agreement made and entered into this_ 1 _ day of by and between C & A Leasing Corporation, an Illinois Corporation, hehBinafter collectively referred to as "OWNER", its successors and assigns 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 owner 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 "ANNEXATION PROPERTY". B. The ANNEXATION PROPERTY is located on the south side of Hill Street (an unimproved street), approximately 442 feet west of the intersection of Draper Road and Illinois Sate Route 120 and consists of approximately 3.69 acres. C. The ANNEXATION PROPERTY is currently unimproved and is zoned 1-1, Light Industry District, pursuant to the McHenry County Zoning Ordinance. D. The OWNER has filed with the City Clerk a Petition for Annexation of the ANNEXATION 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. E. There are no electors residing on the ANNEXATION PROPERTY. F. The ANNEXATION PROPERTY consists of three contiguous tract of land, all of which are not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and are presently contiguous to the corporate boundaries of the CITY. G. The OWNER desires to annex the ANNEXATION PROPERTY to the CITY in accordance with the terms of this Agreement. H. The CITY has determined that the annexation of the ANNEXATION 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. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. J. Notice to the Fire Protection District or Public Library District of the annexation of the ANNEXATION PROPERTY is not required. Page 1 of 8 K. The annexation of the ANNEXATION PROPERTY will not include any portion of highway under the jurisdiction of McHenry County or McHenry Township. L. 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: Annexation Upon the execution of this Agreement, the CITY shall enact an ordinance annexing the ANNEXATION PROPERTY, and shall file a copy of said ordinance, together with an accurate plat of the annexed territory, 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 ANNEXATION PROPERTY, the CITY shall adopt an ordinance granting a zoning Map Amendment for the entire ANNEXATION PROPERTY to 1-1, Industrial District. III. Vacation of Hill Street and Utility Easement Immediately following the annexation of the ANNEXATION PROPERTY, the CITY shall adopt ordinances vacating that portion of Hill Street as set forth in the Plat of Vacation on "Exhibit B" attached hereto and made a part of this Agreement by reference, and the utility easement as set forth in the Plat of Vacation on "Exhibit C", attached hereto and made a part of this Agreement by reference. As a condition to the approval of the ordinance vacating said portion of Hill Street, the OWNER shall provide a vehicular turnaround, located at the end of the Hill Street right-of-way (after recording of vacated area). The design of the turnaround shall be submitted to the CITY, and subject to the approval by the CITY's engineer and Public Works Department. IV. Conditional Use Permit Immediately following the annexation of the ANNEXATION PROPERTY, the City shall adopt an ordinance granting a Conditional Use Permit, for outside storage, for the entire ANNEXATION PROPERTY and the additional property as indicated on the SITE PLAN, incorporated herein by reference:, and legally described on "Exhibit D" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". The Conditional Use Permit shall be exclusively for the outside storage of seasonal recreational vehicles, excluding automobiles and motorcycles. If action is required to be taken by the CITY to regulate the enforcement of the types of vehicles being Page 2 of 8 stored on the SUBJECT PROPERTY, the OWNER will be subject to normal code compliance requirements. V. Tree Survey and Preservation OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of any site development work on the SUBJECT PROPERTY, in accordance with the CITY's Tree Preservation ordinance. VI. Landscaping The City Administrator shall have exclusive authority to approve the OWNER'S landscaping plan and final landscaping improvements prior to issuance of an occupancy permit. All landscaping and site improvements constructed by the OWNER shall be maintained by the OWNER, its successors or assigns in perpetuity. VII. Signage OWNER shall install and maintain a monument style sign on that portion of the SUBJECT PROPERTY off of Draper Road. Said sign shall meet the requirements of the City of McHenry Zoning Ordinance. VIII. Stormwater Management. OWNER shall provide stormwater detention facilities and pipes of size sufficient to release stormwater off -site at a rate not to exceed .05 cfs, and shall increase the design capacity of the required pond by 50% over City ordinance requirements, subject to review and approval by the City Engineer. IX. Annexation Fees OWNER shall not be required to pay an annexation fee to the CITY. If the SUBJECT PROPERTY is rezoned to a non -industrial zoning classification, however, the OWNER shall pay to the CITY those annexation fees associated with that zoning classification (residential/commercial) at that time. These fees may be modified from time to time as deemed necessary by the City Council. In addition, as long as the SUBJECT PROPERTY remains zoned industrial, no fee will be required to be paid to the CITY for the vacation of that portion of Hill Street set forth on the Plat of Vacation. X. 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. XI. 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. Page 3 of 8 XII.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 � 1 � & A Leasing C rporation Mayor Pa ela J. Alh It's: , Attest: ity Jerk Janice(C)Jones Page 4 of 8 Exhibit A Legal Description of the ANNEXATION PROPERTY Lots 2 and 3 of Sherman Hill Industrial Subdivision, being a Subdivision of part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 12,1961 as Document No. 388438, as amended by certificate recorded August 14, 1961 as Document No. 390006, in McHenry County, Illinois; ALSO (A), That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the southwest corner of Lot I -in Sherman Hill Industrial Subdivision, according to the Plat thereof, recorded July 12,1961 as Document No. 388438 as amendedby certificate recorded August 14,1961 as Document No. 390006; thence South 89 degrees 29 minutes 31 seconds West, 422.74 feet along the south line of said Lot 1 extended westerly, thence North 00 degrees 36 minutes 33 seconds East,175.00 feet parallel with the east line of said Northwest Quarter to a point on the south line of Lot 4 of said subdivision; thence North 89 degrees 29 minutes 31 seconds East, 324.30 feet along the south line of Lots 2, 3 and 4 of said subdivision, to the beginning of a curve concave to the southwest having a radius of 95.00 feet; thence southeasterly 149.23 feet (record) 149.79 (measured) along said curve; thence South 00 degrees 23 minutes 43 seconds East, 80.00 feet along the west line of Lot 1 of said subdivision, to the point of beginning, in McHenry County, Illinois. . Parcel Index Numbers:*09-28-176-009, 09-28-176-010 and 09-28-176,012. Page 5 of 8 Exhibit B Hill Street Plat of Vacation Page 6of8 Exhibit C Plat of Vacation for Utility Easement Page 7 of 8 Exhibit D Legal D,, scription of Subject Property That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the southwest comer Lot 1 of the Sherman Hill Industrial Subdivision; according to the plat thereof recorded July 12,1961 as Document No. 3 8843 8, as amended by certificate recorded August 14,1961 as Document No. 390006, in McHenry County, Illinois; thence South 89 degrees 29 minutes 31 seconds West (bearings assumed) along the south line of said Lot 1, a distance of 422.74 feet; thence North 00 degrees 36 minutes 33 seconds East, a distance of 175.00 feet; thence North 89 degrees 29 minutes 31 seconds East along the south line of Lot 4 of said Sherman Hill Industrial Subdivision, a distance of 46.59 feet; thence North 00 degrees 25 minutes 01 seconds West along the east line of Lot 4 of said Sherman Hill Industrial Subdivision, a distance of 307.18 feet; thence North 47 degrees 59 minutes 04 seconds East, a distance of 68.05 feet, to the southeast corner of land conveyed to the Regional Board of School Trustees, McHenry County, Illinois by deed recorded as Document No. 826260; thence North 19 degrees 50 minutes, I I seconds East along the easterly line of said land, a distance of 265.86 feet to a point along the southerly Right of Way of Illinois Route 120 as conveyed by McHenry Sand and Gravel Company, Incorporated to the State of Illinois for the benefit of the Department of Transportation by Document No. 631989; thence easterly along a curve concave northerly having a radius of 3879.83 feet, an arc length of 399.59 feet, a chord bearing of South 52 degrees, 31 minutes 46 seconds East, and a chord distance of 399.42 feet, also being along the south line of said Illinois Route 120; thence North 34 degrees 12 minutes 42 seconds, a distance of 20.00 feet; thence easterly along a curve concave northerly having a radius of 3859.83 feet, an are length of 197.95 feet, a chord bearing'of South 56 degrees 56 minutes 52 seconds East, and a chord distance of 197.93 feet, also being along the south line of said Illinois Route 120; thence South 16 degrees 54 minutes 31 seconds West a distance of 281.21 feet; thence South 51 degrees 30 minutes 47 seconds West, a distance of 8 1. 10 feet; thence South 10 degrees 59 minutes 14 seconds West to a point on the south line of Lot 1 of said Sherman Hill Subdivision, a distance of 122.00 feet; thence 89 degrees 29 minutes 31 seconds West along the south line of said Lot 1, a distance of 89.90 feet, to the point of beginning in McHenry County,- Illinois. Parcel Index Numbers: 09-28-176-009, 09-28-176-010 and u. Page 8 of 8