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HomeMy WebLinkAboutOrdinances - ORD-03-1137 - 04/07/2003 - AUTHORIZE PRE-ANNEX AGMT 2821 LINCOLN RD ROBERT RAORDINANCE NO. ORD-03-1137 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 2821 W. LINCOLN ROAD IN MCHENRY COUNTY, ILLINOIS WHEREAS, Robert Randall is the legal owner of record of the .80 acres of real estate located at 2821 W. Lincoln Road in McHenry County, Illinois, and has requested that the City enter into an Pre -Annexation Agreement for said real estate; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Pre -Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Pre -Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Pre -Annexation Agreement, bearing the date of April 7, 2003, between the City of McHenry, an Illinois Municipal Corporation and Robert Randall, be and the same is hereby approved. A complete and accurate copy of said Pre -Annexation Agreement, labeled "Randall Pre -Annexation Agreement", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Pre -Annexation Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 7TH DAY OF APRT I , 2003 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER NONE NAYS: ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 7TH DAY OF APRT I , 2003 ATTEST: Ama\t.a. c . CI CL RK 2 'JLW'L MAYOR RANDALL PRE -ANNEXATION AGREEMENT This Agreement made and entered into this 71h day of April, 2003 between Robert Randall, hereinafter referred to as "OWNER", and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as "CITY". RECITALS A. The OWNER is the record titleholder to the real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER filed with the City Clerk a Petition for 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 located on the east side of Lincoln Road, and consists of approximately .80 acres. D. The SUBJECT PROPERTY is currently vacant, unimproved, and has no electors residing thereon, and is zoned R-1, Single -Family Residential pursuant to the McHenry County Zoning Ordinance. 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 may be annexed to the CITY upon becoming contiguous to the corporate boundaries of the CITY. 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. 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. I. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. J. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as are required for the CITY to effect the terms of this Agreement. NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and OWNER hereby agree as follows: I. Annexation. Upon the SUBJECT PROPERTY becoming contiguous to the CITY, the OWNER shall submit a proper petition for annexation and 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. 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 SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a Zoning Map Amendment for the SUBJECT PROPERY to RS-1, Low -Density Single -Family Residential District. III. Donations. Contributions. and Fees. 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 the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows: A. Annexation Fees. 1. OWNER shall pay to the CITY the lump sum of eight hundred dollars $800, representing a pro-rata share of one thousand dollars ($1,000) per acre of the SUBJECT PROPERTY, within sixty (60) days following the annexation of the SUBJECT PROPERTY. B. Cash Donations. 1. OWNER shall pay to the CITY certain Cash Donations per single-family residential unit constructed on the SUBJECT PROPERTY prior to the issuance of each building permit by McHenry County. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Park Library District Fire District Total per Unit or Less Bedrooms $2,121 $3,024 $265 $265 $5,855 3 Bedrooms $3,451 $4,605 $265 $265 $8,586 Bedrooms 4,780 $5,979 $265 §265 111,829 5 or More Bedrooms $4,911 $5,988 $265 $265 11,429 The Cash Donations referred to in this chart shall collectively be referenced as "Minimum Cash Contribution Amounts". 2. On May 1, 2003, and every May 1 thereafter, 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, 2001, and every December 31st 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. 2 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 paid by the OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amount previously paid by the OWNER. It is the express intent of the OWNER to release the CITY and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. C. Release. OWNER hereby releases the CITY from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. D. Donations Distinguished from Fees. Other than the donations and fees specified in the foregoing paragraphs, during the term of this Agreement, and irrespective of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and capital development fees, and other similar fees which are charged for specific services provided by the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. IV. Underground Utilities. The OWNER shall install all electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development underground. V. Existing Recapture Agreement. OWNER acknowledges that the SUBJECT PROPERTY will be subject to a recapture agreement, which is currently under development between the CITY and Gerstad Builders, Inc. OWNER agrees to pay the fair share of such recapture, as established in the agreement, prior to connection to the CITY'S sanitary sewer system. If OWNER is ready to connect prior to the finalization of said recapture agreement, the CITY shall not deny connection, but the OWNER agrees to pay his fair share within sixty (60) days after the agreement is finalized. VI. Sanitary Sewer Capital Development Fees. Prior to the OWNER connecting to he CITY'S sanitary sewer system, the OWNER must obtain all required permits and pay all required permit fees and associated sanitary sewer capital development fees prior to connection. 3 VII. Well Installation. Currently it is not financially feasible for the OWNER to connect to the CITY'S water system, as the CITY'S system is several hundred feet to the northeast of the SUBJECT PROPERTY. The OWNER shall be permitted to install a well on the SUBJECT PROPERTY to obtain potable water but is obligated to obtain all necessary permits through the McHenry County Health Department. The OWNER may continue to utilize the well until such time as the well must be replaced, as determined, by the McHenry County Health Department or other such authority as determined by the CITY or the CITY'S water system is extended along the.frontage of the SUBJECT PROPERTY. At such time, the OWNER must abandon the well in accordance with the regulations of the McHenry County Health Department, connect to the CITY'S water system, obtain all required permits and pay all fees associated with that connection. VIII. 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. IX. 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. X. 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. XI. 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 "J mea-1-1 CITY Mayor Attest: C. C' Cl k 4 Exhibit "A" Legal Description -of the SUBJECT PROPERTY Part of the West Half of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of Pistakee Bay and McHenry Road and the North line extended of M:A. Conway's Second Subdivision, a Subdivision of part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded April 11, 1938 as Document No. 131910 in Book 7 of Plats, page 63; thence Northeasterly along said center line, 260.6 feet to an angle in said road; thence along a line being the center line of said road which forms.an angle to the right of 6 degrees 45 . minutes with a prolongation of the last described line fora distance of 160.9 feet to the place of beginning; thence Northeasterly along said center dine, 301.1 feet; thence South 2'degrees 04 minutes West 311.8 feet; thence Northwesterly parallel with the North line of M.A. Conway's Second Subdivision, 233.6 feet to the place of beginning, in McHenry County, Illinois. E