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HomeMy WebLinkAboutOrdinances - ORD-02-1105 - 11/04/2002 - AUTHORIZE AMENDMENT ANNEX AGMT 20 ACRES GARY LANGF ORDINANCE NO. npn-09-1„1,05.-- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR AN APPROXIMATELY 20 ACRE PROPERTY AT 1107 S. ILLINOIS ROUTE 31 AND ADJACENT PROPERTY TO THE SOUTH ALONG ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, The City of McHenry and American National Bank, as Trustee under Trust No. 120090-07, dated February 14, 1995, American National Bank, as Trustee under Trust No. 121340-03, dated February 14, 1996, Prime McHenry Properties, LLC and Gary Lang desire an amendment to the Annexation Agreement passed by the City Council on July 19, 1989 recorded as Document Number 89R-026256, and executed August 14, 1989, to facilitate the resubdivision and expansion of the Gary Lang property, a Zoning Map Amendment, and a Conditional Use Permit; 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 amended 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 amended 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: That the Amendment to the Annexation Agreement, bearing the date of November 4, 2002, between the City of McHenry, a Municipal Corporation in the State of Illinois, and American National Bank, as Trustee under Trust No. 120090-07, dated February 14, 1995, American National Bank, as Trustee under Trust No. 121340-03, dated February 14, 1996, Prime McHenry Properties, LLC and Gary Lang, be and the same is 1 hereby approved. A complete and accurate copy of said amended agreement is attached to this ordinance and incorporated herein by reference as "Amendment to Lang Annexation Agreement dated November 4, 2002". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said amended 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 4TH DAY OF NOVEMBER , 2002 AYS: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, ALTHOFF NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 4TH DAY OF ATTEST: NOVEMBER .2002 2 AMENDMENT TO LANG ANNEXATION AGREEMENT THIS AGREEMENT, effective this/7�eday of 4- , 2003, by and between the CITY OF MCHENRY, a munimal corporation, in the State of Illinois ("City"), *American National Ban notT�e oTi° n d'aghbifflde under Trust No. 120090-07, dated February 14, 1995, and not individually, 550 Crystal Point Drive Crystal Lake, Illinois (815/356-2803)'"American National Bank( no e�sona�yP�ni3't as Chicago, Trustee under Trust No. 121340-03, dated February 14, 1996, and not individually, 550 Crystal Point Drive, Crystal Lake, Illinois (815/356-2803), Cardunal Savings Bank FSB Trust No. 98-337, dated October 21, 2002 and Gary Lang of 1107 South Route 31, McHenry, Illinois ("Lang"). INTRODUCTION Various parties to this Agreement were parties to the Second Amendment to Annexation Agreement dated August 30, 1994 ("Second Amendment") and the subsequent and Fourth Amendment dated January 30, 1996 ("Fourth Amendment") and this modification and Amendment is being made pursuant to 65 ILCS 5/11-15.1 and paragraph 27 of the July 19, 1989 Agreement ("Original Agreement") and the subsequent Second Amendment and Fourth Amendment. The legal description of the real estate subject to the Annexation Agreement annexing said property to the City of McHenry dated July 19, 1989 and recorded as Document No. 89R026256 ("Original Annexation Agreement') is as follows (collectively "Original Property Annexed"): Parcel A: That part of the Northeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 89 degrees 57 minutes 20 seconds East, along the North line of said Northeast Quarter, 1656.55 feet to the place of beginning; thence South 89 degrees 57 minutes 20 seconds East, along said North line of said Northeast Quarter, 917.37 feet to the Westerly right-of-way line of Illinois State Route 31; thence Southwesterly along the arc of a curve to the right, said curve having a radius of 11419.00 feet, an arc of 875.09 feet and a chord bearing South 25 degrees 08 minutes 59 seconds West, 874.88 feet; thence South 27 degrees 20 minutes 25 seconds West, along said right-of-way line, 310.00 feet; thence North 62 degrees 39 minutes 35 seconds West, 848.66 feet; thence North 27 degrees 20 minutes 25 seconds East, 763.55 feet to the place of beginning and containing 18.9122 acres, more or less, in McHenry County, Illinois. Parcel B: That part of the Northeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 89 degrees 57 minutes 20 seconds East, along the North line of said Northeast Quarter, 1656.55 feet; thence South 27 degrees 20 minutes 25 seconds West, 763.55 feet to the place of beginning; thence continuing South 27 degrees 20 minutes 25 seconds West, 1024.85 feet; thence South 89 degrees 48 minutes 02 seconds East, 953.67 feet to the Westerly right-of-way line of Illinois State Route 31; thence North 27 degrees 20 minutes 25 seconds East, along said right-of-way line, 589.81 feet; thence North 62 degrees 39 minutes 35 seconds West, 848.66 feet to the place of beginning and containing 15.7288 acres, more or less, in McHenry County, Illinois. Parcel C: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Northwest Quarter; thence North 89 degrees 49 minutes 23 seconds West, along the North line of said Northwest Quarter, 468.92 feet; thence South 6 degrees 36 minutes 55 seconds East, 1210.36 feet; thence South 89 degrees 48 minutes 02 seconds East, 652.01 feet; thence South 0 degrees 11 minutes 58 seconds West, 385.00 feet; thence South 89 degrees 48 minutes 02 seconds East, 514.00 feet; thence North 27 degrees 20 minutes 25 seconds East, 1788.40 feet to the North line of said Northeast Quarter; thence North 89 degrees 57 minutes 20 seconds West, along the North line of said Northeast Quarter, 1656.55 feet to the point of beginning and containing 53.6030 acres, more or less, in McHenry County, Illinois. Parcel D: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian and the Northeast Quarter of Section 9, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 0 degrees 27 minutes 38 seconds West, along the West line of said Northeast Quarter, 1587.01 feet to the place of beginning; thence North 89 degrees 48 minutes 02 seconds West, 2772.54 feet to the Easterly right-of-way line of the Chicago and Northwestern Railway; thence Southwesterly along said right-of-way being the arc of a curve to the left, said curve having a radius of 5679.59 feet, an arc of 210.26 feet and a chord bearing South 10 degrees 05 minutes 44 seconds West 210.25 feet; thence South 9 degrees 01 minutes 28 seconds West, along said right-of-way line, 852.97 feet to the South line of said Northeast Quarter of Section 9; thence South 90 degrees 00 minutes 00 seconds East, along said South line, 296.81 feet to the Southwest corner of the Northwest Quarter of said Section 10; thence South 89 degrees 46 minutes 03 seconds East, along the South line of said Northwest Quarter of Section 10, 2426.06 feet; thence North 00 degrees 13 minutes 56 seconds East, 75.00 feet; thence South 89 degrees 46 minutes 03 seconds East, 212.19 feet to the West line of the Northeast Quarter of said 6 Section 10; thence South 89 degrees 49 minutes 20 seconds East, 1306.26 feet to the Westerly right-of-way line of Illinois State Route 31; thence North 27 degrees 20 minutes 25 seconds East along said right-of-way line, 1095.63 feet; thence North 89 degrees 48 minutes 02 seconds West, 1801.62 feet to the place of beginning and containing 103.2305 acres, more or less, in McHenry County, Illinois. Parcel E: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian and the Northeast Quarter of Section 9, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence North 89 degrees 49 minutes 23 seconds West, along the North line of said Northwest Quarter, 468.92 feet to the point of beginning; thence continuing North 89 degrees 49 minutes 23 seconds West, along said North line 1750.00 feet to the Easterly right-of-way line of the Chicago and Northwestern Railway; thence Southwesterly along the arc of a curve to the left, said curve having a radius of 5679.59 feet, an arc of 1688.57 feet and a chord bearing South 19 degrees 40 minutes 24 seconds West, 1682.36 feet; thence South 89 degrees 48 minutes 02 seconds East, 3106.48 feet; thence North 00 degrees 11 minutes 58 seconds East, 385.00 feet; thence North 89 degrees 48 minutes 02 seconds West, 652.01 feet; thence North 6 degrees 36 minutes 55 seconds West, 1210.36 feet to the point of beginning and containing 84.5742 acres, more or less, in McHenry County, Illinois. � � J That ° -n^ National BaP , not personally, but as Trustee under Trust No. 120090-07, dated February 14, 1995, and not individually,'--'�-�u,.WA not personally, but as Trustee under Trust No. 121340-03, dated February 14, 1996, C9 and not individually, Cardunal Savings Bank FSB Trust No. 98-337, dated October 21, 2002, and Gary Lang have requested the execution of an Amendment to the Original fir, e: Annexation Agreement to remove and excise the following described portion ("Lang Parcel") of the Original Property Annexed from the Original Annexation Agreement and b; any amendments thereto: R ek Parcel 1: Lot 1 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 of Section 10 Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-002 Parcel 2: That part of Lot 2 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. K 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-005 Parcel 3: Lot 3 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-007 Parcel 4: Lot 4 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-008 NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Amendment to Annexation Agreement. The Mayor and City Council shall, contemporaneously with the execution of this Agreement, enact an ordinance authorizing the Mayor and City Clerk to execute this Agreement. 2. Original Annexation Agreement. That the afore -described Lang Parcel shall hereby be removed and excised from the terms, conditions and restrictions contained in the Original Annexation Agreement and any amendments thereto except as specifically provided herein. 3. Zoning. That, contemporaneously with the execution of this Agreement, the City shall adopt an ordinance reclassifying the Lang Parcel as C-5 Highway Commercial, in accordance with the terms and conditions of the City of McHenry Zoning Ordinance, except as otherwise provided herein. 4. Conditional Use Permit. That, contemporaneously with the execution of this Agreement, the City shall also adopt an ordinance granting a conditional use permit for the entire Lang Parcel, to allow an automobile dealership, together with ancillary uses including an open sales lot, automobile service and body repair, car wash and vehicle leasing, in accordance with the terms and conditions of this Agreement. 5. Preliminary and Final Plat Approval. The Preliminary Plat, revised date 9/26/02, and the Final Plat of the Gary Lang Subdivision, attached hereto as Exhibit A, shall be and hereby is approved by the City, and shall be recorded within six (6) months of approval by the City. 6. Engineering Improvements. The engineering plans entitled, Civil Engineering Plans for Gary Lang Auto Group for Lots 1 through 6 of the Gary Lang Subdivision, prepared by Smith Engineering Consultants, Inc. dated , 2002 are hereby approved and incorporated herein by reference ("Engineering Plans"). a) Lang shall extend municipal sewer and water from the existing lines for same located on the west side of Route 31 and/or in the manner depicted and described on Exhibit B attached hereto, to serve Lots 1 through 6 in the Gary Lang Subdivision. b) Lang acknowledges that the City will not issue a building permit for Lots 1, 3, 4, 5, or 6 unless and until all public improvements required to serve said lot or lots being developed have been completed in accordance with the approved Engineering Plans referred to herein. The City agrees that said public improvements may be completed in no more than three phases, provided, however, that for each phase, Lang shall post a Letter of Credit or other surety approved by the City, in the amount of 125% of the cost estimate for those public improvements, as approved by the City engineer, for that portion of the improvements to be constructed. c) Public sidewalks shall not be required on the Lang Parcel, but instead, Lang shall pay to the City the sum of $21,100 for the City to use at its sole discretion for construction of sidewalks at other locations in the City. The aforementioned $21,100 shall be paid to the City prior to the occupancy of the first new building constructed on Lots 4, 5, or 6. 7. Landscape Plan. The City hereby approves the Landscape Plan for the Illinois Route 31 frontage, prepared by Smith Engineering Consultants, dated 08/02/02, and attached hereto as Exhibit C. Lang also agrees to transplant the existing trees on the developed dealership property, using accepted forestry practices, along the west property line of the Lang Parcel. 8. Access Limitations. Only one new access point shall be allowed to serve the Lang Parcel. Said access shall be from Route 31, opposite Dayton Street over and upon the existing sixty (60) foot wide ingress and egress easement. 9. Special Provisions Applicable to Automobile Dealership Uses. The following provisions shall apply to any parcel already developed or to be developed for an Automobile Dealership on the Lang Parcel: a) Development Standards. Automobile Dealership uses shall be developed in accordance with the following development standards: 1) Setbacks. The following building and parking/vehicle display setbacks shall be maintained on the Lang Parcel. 5 (a) Parking LotsNehicle Displays. The parking lot/vehicle display setback along State Route 31 for all Auto Dealership Uses shall be in accordance with the Landscape Plan hereinbefore described as Exhibit C. The side and rear setback for parking/vehicle display shall be no less than five (5) feet, except as follows: i) Between the common lot line of Lots land 2, Lots 2 and 3, and Lots 3 and 4, no parking/vehicle display setback shall be required. ii) Between the common lot lines of Lots 4 and 5, a minimum setback of five (5) feet shall be maintained between the curb or road edge and the parking/vehicle display area. Parking/vehicle display setbacks as required above may be broken only by vehicular access lanes connecting abutting parcels. (b) Buildings. Buildings shall maintain a minimum front yard setback of thirty (30) feet, a minimum side yard setback of ten (10) feet, and a minimum rear yard setback of fifteen (15) feet, except that no side building setback shall be required along the south lot line of Lot 2. 2) Building Standards. (a) Building Exterior Wall Materials. For buildings of less than 20,000 square feet, the front exterior walls shall be defined as the closest wall to the most major of streets the property adjoins and shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls may be of metal except that the lower third or lower seven (7) feet, whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall concrete blocks be allowed on any exterior surface of a building. For buildings of more than 20,000 square feet, the same restrictions as above shall apply, except that the lower four (4) feet of the side exterior wall shall be of masonry, stone, or architectural precast concrete panels. (b) Height Limitations. No building erected shall exceed thirty-five (35) feet in height. If building exceeds thirty-five (35) feet in height, the front yard setback shall be increased by one (1) foot for every one (1) foot in excess of thirty-five (35). The maximum height shall not exceed fifty (50) feet. (c) Floor Area Ratio. The floor area ratio shall not exceed 0.50. 3) Lighting. Lighting intensity and photo metrics of all future lighting shall be consistent with the existing lighting on the front portion of Lot 2. 4) Landscaping. Areas used for parking lot setbacks and around building perimeters shall be landscaped using varieties of living landscape materials that are healthy, hardy, and drought -resistant; be suitable for climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities below ground level. Where appropriate, landscape materials used shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. Grass or other ground cover shall be planted over all landscaped strips including berms, except in areas planted in flowers, shrubs, or trees, so as to present a finished appearance and reasonably complete coverage within three months after planting. 5) Signage. Permanent signage shall be allowed on Lots 1, 3, 4, 5 and 6 of the Lang Parcel in accordance with the following provisions: (a) Freestanding Signs. One freestanding sign shall be permitted per lot, in accordance with the provisions of the City of McHenry sign regulations. (b) Wall Signs. Wall signs shall be permitted on each building, consisting of the name of the vehicle make or makes offered for sale on the parcel, plus the corporate logo of the manufacturer, and the name of the dealership, of a size in the same proportion as on the existing dealership building. (c) Special Signage Provisions for Lots 1, 2 and 3. i) Pole banners (except for flags) shall be allowed on every other lightpole on Lots 1, 2 and 3 of the Lang Parcel, not to exceed 16 square feet total per light pole. ii) The Annual Promotional Activities set forth in Exhibit D, shall be allowed on Lots 1, 2 and 3 of the Lang Parcel. 10. Special Provisions Applicable to Non -Automobile Dealership Uses. In the event all or a portion of the Lang Parcel is developed for a non -automobile dealership use, the following provisions shall apply: a) Permitted Uses. Only those uses listed on Exhibit E, attached hereto, shall be allowed as permitted uses on the Lang Parcel. b) Conditional Uses. Only those uses listed on Exhibit F, attached hereto, shall be allowed as conditional uses. 7 c) Development Standards. All non Auto Dealership Uses shall comply with the Development Guidelines for setbacks, landscaping, construction, etc. set forth on Exhibit G. 11. 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. 12. Amendment. This agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the LANG PARCEL, in whole or in part, is transferred to successors in interest, future amendments relating to the LANG PARCEL may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the LANG PARCEL. 13. 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: CITY Douglas K. Maxeiner, City Administrator 333 S. Green Street McHenry, IL 60050 Gary Lanq Gary Lang Auto Group 1103 S. Route 31 McHenry, IL 60050 14. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least 24 hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 15. Ordinance Chanqes. Except as otherwise specified herein, all CITY ordinances, as well as state and federal regulations, shall apply to the LANG PARCEL, OWNER, and all successors and assigns in title. If, during the term of this Agreement, the provisions of the existing ordinances and regulations which relate to the development, redevelopment, subdivision, construction of improvements, buildings, appurtenances, and all other development of any kind and character of the LANG PARCEL, are amended or modified in any manner so as to impose more strident requirements in the development, redevelopment, subdivision, or construction referred therein, such increased requirements shall, unless otherwise excepted herein, be effective as applied to the LANG PARCEL so long as such amendments or modifications are nondiscriminatory in their application and effect throughout the CITY (excepting those developments in the CITY having annexation agreements - past, present, or future - providing otherwise). If, during the term of this Agreement, except as otherwise specifically agreed upon in this Agreement, any existing, amended, modified, or new ordinances, codes or regulations affecting the zoning, subdivision, development, redevelopment, construction of improvements, buildings or appurtenances, or any other development of any kind or character upon the Lang Parcel, are amended or modified in a manner which imposes less restrictive requirements on development of, or construction upon, properties in similarly zoned or developed parcels within the CITY, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and the OWNER may elect to proceed with respect to the development of, or construction upon, the LANG PARCEL with the less restrictive amendment or modification applicable generally to all properties within the CITY. 16. Obligations. a. By signing this Agreement BENEFICIARY binds itself to comply with all of the obligations of the OWNER referenced herein. b. All obligations of the OWNER in the Agreement, including monetary obligations in existence now, as well as those which may come to exist 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 LANG PARCEL for which the obligations are owned when any obligational are more than ninety (90) days overdue. 4 17. Time of Essence. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that of . the parties will make every reasonable effort, including the calling of special meeting, to expedite the matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 18. 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. 19. 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. 20. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Final 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 hear from and the invalidity thereof shall not affect any of the other provisions contained herein. 10 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the date and year first above written. CITY OF McHENRY Pamela J. It off, M yo Attest: Ja n Jones ity Clerk 11 STATE OF ILLINOIS COUNTY OF McHENRY LaSalle Bank Pdattnanal AssnOptinn ac Successzaa°`)-u ef. ;©raq'!cHcnn NoVonpil Bank andlk�-usi Cnmpvny of kDvc,,,go 44, GARY LANG, as a beneficiary o TRUSTS 120090-07 and 121340-03, and CARDUNAL SAVINGS BANK FSB TRUST No. 98-337, being first duly sworn upon his oath deposes and says that he has read the foregoing Amendment to Annexation Agreement by him subscribed; that he has personal knowledge of the contents thereof and that the contents thereof are true in substance and in fact. Gary Lang Subscribed and svArn before me this WO day of , 2003. FFICIAL SEAL ANICE C JONES [NOTA:RY PUBLIC,STATE OF ILLINOIS MISSION EXPIRES 2-17-2W7 Notary Public .wC 12 STATE OF ILLINOIS COUNTY OF McHENRYE-LaSalle Bonk National Ame-latiorn as Soccessoirl'r7asgee ,(oAn,terirv,n Notional Bank and'ftust Company of Chicago ek Signed by , as Trustee under Trusts No. 120090- 07 and 121340-03, and not personally, but solely as Trustee under certain Trust Agreements. Said Trust Agreements are hereby made a part thereof and any claims against said Trustee which may result from the signing of this Annexation Agreement shall be payable only out of any trust properties which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Annexation Agreement or for the validity or condition of the title of said property or for any agreements with respect thereto. Any and all personal liability of the RAP4-, is hereby expressly waived by the parties hereto and their t1ynoalocaassigns. Ta aEe a nAsst SL:cee5.�lr' *-? 0Amearran ands arad.�`4��r�..�?�����ia. ` �' Jr ", '9ffllustee under Trust No. 121340-03^:Maly PP- .- GW-i WQ , ROVER M ray �`d?'F'E��:.�,t�x` x Y' 13 LaSalle Bankk National Assorlation as SvccessorT1ru. pe [kiational Bank and 'Frost Company Of ch-sagpo 0mERIGA.W NnTIQQP nnitr, as Trustee under Trust No. 120090-07� Tr. act ClfFirar� !�/�G�y"' Attest: Root r. STATE OF ILLINOIS ) *LaSalle Flank National Association as Successor%stee toA,rnevican National COUNTY OF McHENRY) Bank and 'f ust company of ChicagoAk I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Ann ",,� ^, a;^a -aPA FespeetWelythe '•": as u^,i aflel- of theAA AI AIATI/IAIAI AA11 as Trustee aforesaid, personally known to me to be the same persorlewhose name,9' * subscribed to the foregoing instrument as said 1J i'c ,%iri , appeared before me this day in person and sevefal+y- acknowledged that khe)f signed and delivered said instrument as t Ir own free and voluntary act of said Trustee for the uses and purposes therein set forth, and that said Trust Officer then and there acknowledged thatShe, as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of the National Banking Association for the uses and purposes therein set forth. Notary Public L IC,TAL ,SEAL`►ARET O'DONNELLBLIC STATE OF ILLINOISs ion Expires 00511110/A2005 14 STATE OF ILLINOIS COUNTY OF McHENRY Signed by CARDUNAL SAVINGS BANK FSB, as Trustee under Trust No. 98-337, and not personally, but solely as Trustee under certain Trust Agreements. Said Trust Agreements are hereby made a part thereof and any claims against said Trustee which may result from the signing of this Annexation Agreement shall be payable only out of any trust properties which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Annexation Agreement or for the validity or condition of the title of said property or for any agreements with respect thereto. Any and all personal liability of the CARDUNAL SAVINGS BANK FSB, is hereby expressly waived by the parties hereto and their respective successors and assigns. CARDUNAL SAVINGS BANK, as Trustee under Trust No. 98-337 By: Trust Officer Attest 15 STATE OF ILLINOIS ) COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Lawrence E. Rafferty and respectively the Wayne Kanter and of the CARDUNAL SAVINGS BANK FSB, as Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as said Spnior Trust Offic r and vice President , respectively, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Trustee for the uses and purposes therein set forth, and that said Trust Officer then and there acknowledged that he, as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of the National Banking Association for the uses and purposes therein set forth. r N ary blic OFF[C ELY�' ER P ,:b LN "- _, �r"_ �=s 08,1505 16 EXHIBIT "D" Annual Promotional Activities The total length of time for all promotions on the site shall not exceed 24 weeks per year, and shall include: ➢ Tents, no larger than 40' x 100', in the parking lot, no more than 16 weeks per year, provided the tent location does not adversely impact vehicular circulation. ➢ Hot air balloons (no figurines), 25-foot maximum, no more than 14 weeks per year, provided the balloon location does not adversely impact vehicular circulation. ➢ Temporary banners, four (4) in number, with a 48 square foot maximum per banner, not to exceed 10 weeks per year. ➢ Sand, to be placed on the site in a location that does not adversely impact vehicular circulation, not to exceed 4 weeks per year. P EXHIBIT "E'.' Permitted Uses The following uses shall be considered permitted uses and are subject to all applicable City Codes and Ordinances: 1) Animal hospitals 2) Antique shops 3) Art shops or galleries, but not including auction rooms 4) Automated teller machines 5) Automobile laundries 6) Automobile part and accessory stores 7) Beauty shops, barber shops, and hair styling salons 8) Bicycle sales, rental, and repair shops 9) Blueprinting and Photostatting establishments 10) Bookstores or book and stationery stores 11) Business machine sales, rental and services 12) Camera and photographic supply stores 13) Camping equipment sales 14) Candy, ice cream, popcorn, nut and yogurt stores 15) Card and gift stores 16) Carpet and rug stores (retail sales) 17) Catering establishments 18) China and glassware stores 19) Clothing and shoe stores 20) Clothing repair, hat repair, and shoe repair stores and tailor shops 21) Coin and philatelic stores 22) Computer sales and rental 23) Custom dressmaking establishments 24) Department stores, junior department stores, and discount department stores 25) Domestic appliance repair shops 26) Domestic appliance stores, including radio, television, stereo, video, lighting, clock, and music stores 27) Drug stores 28) Dry cleaners (processing to be done off -site) 29) Electrical showrooms and shops 30) Employment agencies 31) Equipment rental 32) Exterminating services 33) Financial institutions, including banks, savings and loan associations, and commercial loan offices 34) Florist shops 21 C-?C k 1, )D ,t F- -;L- 35) Food and grocery stores under 5,000 square feet, convenience marts, meat markets, fish markets, dairy stores, health food stores, and bakeries with no food preparation on Lang Parcel 36) Furniture stores, including upholstery when conducted as part of the retail operations and secondary thereto 37) Furrier shop, including the incidental storage and conditioning of furs 38) Hardware stores 39) Health clubs as defined herein 40) Hobby and craft shops 41) Hotels and motels 42) Insurance offices 43) Interior decorating shops, including upholstery and the making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary thereto 44) Jewelry and watch sales and repair stores 45) Laboratories, medical, dental, research and testing 46) Leather goods and luggage stores 47) Locksmith shops 48) Medical, dental, and optometry offices 49) Meeting and banquet halls 50) Millinery shops 51) Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters, 52) 53) 54) 55) 56) 57) 58) 59) 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) and mopeds Musical instrument sales and repair Newspaper, magazine and tobacco shops Office, stationery, school, art, and graphics supply stores Offices, business and professional Offices, governmental, political and institutional Optician sales, retail Orthopedic and medical appliance stores (retail sales only) Paint, tile, and wallpaper stores Parks, playgrounds, golf courses, forest preserves, wildlife other publicly owned open spaces Permitted public uses, as defined herein Pet shops Phonograph record, tape and sheet music stores Photo processing stores (except kiosks) Photography studios, including the development part of the retail business Picture framing shops Plazas and public spaces Plumbing and heating sales Post offices 22 sanctuaries, and of film when conducted as Cy h '. �01. - �'_- 3 70) Print shops with six or fewer employees 71) Radio and television stations and studios 72) Real estate offices 73) Recording studios 74) Restaurants, eat -in or carry -out; delicatessens, retail bakeries, donut shops, and convenience marts with limited food preparation on Lang Parcel; but not including live entertainment, dancing, serving or alcoholic beverages, or drive- in restaurants as defined herein 75) Schools, commercial, for music, dance, business or trade 76) Sewing machine sales and service 77) Sporting goods stores 78) Streets and alleys 79) Supermarkets 80) Swimming pool sales (no open sales lot) 81) Tanning salons 82) Tax preparation offices 83) Temporary buildings or trailers for construction purposes for a period not to exceed the duration of construction 84) Theaters, indoor 85) Ticket offices, theater and amusement 86) Ticket offices, transportation 87) Tourist information and hospitality centers 88) Toy stores 89) Travel agencies 90) Union halls 91) Variety stores 92) Veterinary offices 93) Video cassette sales or rental 94) Water softener service 23 EXHIBIT "F" Conditional Uses The following uses shall be considered Conditional Uses and are subject to all applicable City Codes and Ordinances: 1) Automobile service stations 2) Child day care centers, as defined herein 3) Conditional public uses, as defined herein 4) Conventional halls 5) Drive-in establishments, as defined herein a. Dry cleaning plant and laundry with processing to be performed on site 6) Educational institutions as defined herein 7) Exhibit halls 8) Hospitals, clinics, nursing homes, group homes, and mental health centers 9) Motor vehicle body shops 10) Motor vehicle, trailer and mobile home repair shops 11) Open sales lots as defined herein as a Principal or Accessory Use 12) Outdoor amusement establishments, including archery ranges, miniature golf, and similar facilities 13) Outdoor storage associated with a Permitted or Conditional Use 14) Philanthropic and charitable institutions, as defined herein 15) Planned Unit Developments 16) Recreational institutions, as defined herein 17) Religious institutions as defined herein 18) Restaurants serving alcoholic beverages but without live entertainment or dancing 19) Restaurants with live entertainment or dancing 24 EXHIBIT "G"-- I Development Guidelines for Non -Automobile Dealership Uses The following Development Standards shall be applicable to all non -auto dealership uses: Setbacks. a) Front Yard Setback - Fifty (50) foot for building, twenty-five (25) foot for parking (10 foot green space between front parking curb and right-of-way) b) Side Yard Setback - Fifteen (15) foot building, ten (10) foot parking (10 foot green space from parking lot to property line) c) Rear Yard Setback - Twenty (20) foot building, ten (10) foot parking (10 foot green space from parking lot to property line) In the event that parking is placed in the front yard, then the building shall be setback a minimum from the back curb of the parking area to allow for a ten (10) foot buffer between the parking area and the building. The front parking area shall be partially screened from view from the street by berming or landscaping. 2. Parking Requirements. No parking shall be permitted on any street or at any other place other than on paved parking spaces to be constructed on each lot. Parking requirements shall be as per City Zoning Ordinance. 3. Landscaping. In an attempt to unify the building sites and their architecture in the Park, landscaping as a design element will play the key role in creating and conveying the park -like working environment. a) Types of Landscaping Materials Permitted. Varieties of living landscape materials used shall be healthy, hardy, and drought -resistant; be suitable for climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities below ground level. Where appropriate, landscape materials used shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. b) Ground Cover in Landscape Strips. Grass or other ground cover shall be planted over all landscaped strips including berms, except in areas planted in flowers, shrubs, or trees, so as to present a finished appearance and reasonably complete coverage within three months after planting. Non -living landscaping materials such as sand, stone, rocks, or 24 FY h I, b i f- & --)- barks may be substituted for living cover over a maximum of thirty (30%) percent of the landscaped area. c) Installation Procedures. All living landscaping materials shall be installed in conformance with the most current procedures established by the American Association of Nurserymen. d) Maintenance of Landscaping. The owner, occupant, tenant, and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance, repair, and replacement of all landscaping and screening so as to preserve at least the same quantity and quality as initially approved. e) Curbing. All parking island strips and parking screening strips shall be separated on all sides from the parking surface by curbing. f) Percent of Parking Area in Landscaping. A minimum of ten (10%) percent of all parking areas shall consist of landscaping. Any landscaped strip required hereunder may be credited toward this requirement. g) Off -Street Loading. A screen for off-street loading shall be a minimum of eight (8) feet high. h) Sizes of Minimum Plant Materials. (1) Shade Tree: A deciduous tree with a minimum caliper of two (2) inches. (2) Conifer: A coniferous tree with a minimum six (6) foot height. (3) Ornamental: A deciduous tree or large shrub with a minimum caliper of two (2) inches or minimum height of six (6) feet. (4) Caliper Average: Three (3) inches for all deciduous tree plantings. i) Street Plantings. The standards are expressed in terms of shade trees required per lineal foot of roadway, easement, or buffer strip, and include the full width of each. For determining numbers of conifers and ornamentals applicable to the standard, a conifer at least ten (10) feet in height shall equal a shade tree, and two (2) ornamentals as specified above shall equal a shade tree. (1) Route 31 Frontage: (a)Screening by berm not less than two (2) feet in height nor greater than eight (8) feet in height, averaging four (4) feet in height; and (b) Provide one (1) per forty (40) lineal feet of frontage. 25 rxhi b i r j) Preservation of Trees. All reasonable efforts shall be made to preserve the existing trees on each building site. k) Building Site Plantings. Each building shall include a minimum of one (1) shade tree in frontage areas for each fifty (50) lineal feet of building frontage. It is recommended that trees be grouped in clusters. All exterior on -site utility services, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communication wires shall be installed and maintained underground. 4. Maintenance of Improved Sites and Condition of Improved Lots. Sites that are not improved or built upon shall be maintained in a clean and neat appearance by the property owner. Weeds shall be maintained to a height of no more than eight (8) inches. The owner or occupant of any lot shall at all times keep it and the buildings, improvements, and appurtenances thereon in a safe and clean condition and comply with all applicable governmental, health, fire, and safety ordinances and regulations. (Trash to be removed expeditiously.) 5. Storage Area. Storage, service, maintenance, or equipment shall be stored upon a site except inside a closed building or behind a durable material wall not less than six (6) feet in height, screening such material, supplies or equipment from adjacent sites so as not to be visible from neighboring properties and streets. No stored items may protrude above the screen. The outdoor storage of uncontained bulk material is prohibited. Any outdoor storage areas shall be located in the side or rear yard adjacent to the main structure and not exceed 1,000 square feet in area. Of course, any attempted variation to these standards would require a City Special Use Permit. All trash receptacles and storage areas, service yards, electrical cage enclosures, incinerators and similar equipment for the disposal of materials and storage tanks, shall be screened from view from access streets and front yards of adjacent properties by means of a fence, berm, wall or dense opaque landscaping materials. Deposited refuse shall not be visible from outside the refuse enclosure. All trash receptacles shall be confined to the rear yard of all lots. Storage areas shall be kept in a neat and orderly manner. The contents of all storage and trash areas must be directly related to the primary use of the business. Refuse collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme. 26 f-y-h i ab ; �- C S 6. Loading. Sufficient space for loading and unloading shall be provided on each lot to accommodate trucks not less than seventy (70) feet in length. Improvements shall be designed and located on each building site so that vehicles may not be loaded or unloaded on or from any street. All docks which face the street or opening only a yard which is adjacent to a residential district must be interior and enclosed except for buildings of less than 30,000 square feet. For buildings under 30,000 square feet, exterior docks may face street side, but shall be set back a minimum of seventy (70) feet from the front of the building. Such exterior docks shall be designed as to not hamper pedestrian movement in and out of the building. Street side exterior docks shall be strongly discouraged. 7. Architecture. a) Building Exterior Wall Materials. For buildings of less than 20,000 square feet, the front exterior walls shall be defined as the closest wall to the most major of streets the property adjoins and shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls may be of metal except that the lower third or lower seven (7) feet, whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall concrete blocks be allowed on any exterior surface of a building. For buildings of more than 20,000 square feet, the same restrictions as above shall apply, except that the lower four (4) feet of the side exterior wall shall be of masonry, stone, or architectural precast concrete panels. b) Height Limitations. No building erected shall exceed thirty-five (35) feet in height. If building exceeds thirty-five (35) feet in height, the front yard setback shall be increased by one (1) foot for every one (1) foot in excess of thirty-five (35). The maximum height to be fifty (50) feet. c) Floor Area Ratio. The floor area ratio shall not exceed 0.50. 8. Lighting Guidelines. All lighting shall meet the following objectives: a) To contribute to the safe and efficient use of a development site; b) To contribute to the site security; c) To complement and reinforce the architecture and site design character d) To keep on -site parking lot lighting fixtures and illumination levels consistent throughout the Lang Parcel; e) To prevent casting glare onto adjacent lots and streets; f) To encourage conformity with energy -saving guidelines; 27 r�'j'j b f" u`b g) Architecturally, to articulate and animate the particular building design, as well as provide the required functional lighting for safety and clarity of pedestrian movement; and h) Lighting intensity and photo metrics shall be consistent with the existing lighting on Lot 2, which may be expanded to the rear of Lot 2. m