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HomeMy WebLinkAboutOrdinances - ORD-03-1147 - 04/14/2003 - ATHORIZE ANNEX AGMT COOPER ARCHOS ET ALL/MERCY HEORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY LOCATED APPROXIMATELY ONE -QUARTER MILE SOUTH OF BULL VALLEY ROAD, ON THE EAST SIDE OF ILLINOIS ROUTE 31 IN MCHENRY COUNTY, ILLINOIS WHEREAS, Home State Bank, as Trustee under Trust No. 3363, Mark S. Cooper, Gail M. Cooper, McHenry County Property Management Corporation, Paula Archos and Demos Archos are the legal owners of record and Mercy Health System Corporation is the contract purchaser of the 10.943 acres of real estate located approximately one -quarter mile south of Bull Valley Road, on the east side of Illinois Route 31 in McHenry County, Illinois, and have 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 14, 2003, between the City of McHenry, an Illinois Municipal Corporation and Home State Bank, as Trustee under Trust No. 3363, Mark S. Cooper, Gail M. Cooper, McHenry County Property Management Corporation, Paula Archos and Demos Archos and Mercy Health System Corporation, be and the same is hereby approved. A complete and accurate copy of said Annexation Agreement, labeled "Mercy Health System Corporation Annexation Agreement", is attached to this ordinance an incorporated herein y re erence. 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 14TH DAY OF APRI L , 2003 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, ALTHOFF NONE NAYS: ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 14TH DAY OF ATTEST: G CITY C RK APRILL 12003 MAYOR 2 MERCY HEALTH SYSTEM CORPORATION ANNEXATION AGREEMENT This Agreement made and entered into this 141h day of April, 2003 between Home State Bank, as Trustee under Trust No. 3363, Mark S. Cooper, Gail M. Cooper, McHenry County Property Management Corporation, Paula Archos, Demos Archos, their successors and assigns, (hereinafter referred to as "OWNERS"), Mercy Health System Corporation, (hereinafter referred to as "CONTRACT PURCHASER") and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, (hereinafter referred to as "CITY"). RECITALS A. The OWNERS are the record titleholders 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 OWNERS and CONTRACT PURCHASER filed with the City Clerk a Petition for Annexation of the SUBJECT 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 Illinois Route 31, and consists of approximately 10.943 acres. D. The SUBJECT PROPERTY is currently improved with two (2) businesses and a single-family residence, has two (2) electors residing thereon, and is zoned O-Office pursuant to the McHenry County Zoning Ordinance. E. The SUBJECT PROPERTY consists of two (2) parcels of approximately five (5) acres in size each, which are separated by Professional Plaza Drive, a road that was previously constructed to Nunda Township Road construction standards and dedicated to said township, 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. F. The OWNERS desire 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. 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 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 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 and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a Zoning Map Amendment for the SUBJECT PROPERTY to 0-2, Office Park District. III. Preliminary Subdivision Plat. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall approve the preliminary plat of subdivision, entitled "PRELIMINARY PLAT - PROFESSIONAL PLAZA SUBDIVISION", prepared by Vanderstappen Surveying, Inc. dated November 13, 2002 and bearing a latest revision date of March 18, 2003, (hereinafter referred to as "PRELIMINARY PLAT"). A copy of said preliminary plat is attached hereto as "Exhibit B" and made a part of this Agreement. The approval of the PRELIMINARY PLAT shall be subject to the condition that Professional Plaza Drive be constructed in accordance with the CITY'S road and utility specifications, as indicated on the PRELIMINARY PLAT and approved preliminary engineering plans, which shall also be subject to final engineering approval by the CITY. IV. Variances. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving certain variances with regards to the development of the SUBJECT PROPERTY. These variances shall include: a lot width variance from two hundred (200) feet to one hundred sixty-eight (168) feet and a lot size variance from forty thousand (40,000) square feet to thirty-eight thousand (38,000) square feet for Lot seven (7) on the PRELIMINARY PLAT, a lot width variance from one hundred (100) feet to twenty- three (23) feet for Lot three (3) on the PRELIMINARY PLAT, and a use variance to allow the existing residential use on Lot two (2) on the PRELIMINARY PLAT, subject to certain conditions and limitations contained herein. All of the variances are subject to the conditions that the development of the SUBJECT PROPERTY complies with the provisions of this Agreement and all applicable City ordinances, including the CITY'S Zoning Ordinance and Building Codes excluding the provisions stated herein. V. Limitation on Use Variance. The use variance herein approved for Lot two (2) on the PRELIMINARY PLAT shall expire on May 1, 2006. Within one hundred twenty (120) days thereafter, all existing structures shall be demolished, upon issuance of the required permits by the CITY. Any future development of said Lot two (2) must be in accordance with the provisions of the 0-2, Office Park District. VI. Concept Plan. The development of Lot one (1), the Mercy Health System McHenry Clinic, (hereinafter referred to as "MCHENRY CLINIC") shall be in general conformance with the site plan and building elevations -two (2) as submitted, prepared by hga and dated October 28, 2002, collectively ("MCHENRY CLINIC SITE PLAN"), attached hereto as "Exhibit C" and made a part of this Agreement by reference. The development of said Lot one (1) shall include a monument style sign that is in conformance with the CITY'S Sign Ordinance. VII. Signage. A billboard style sign advertising the future development of MCHENRY CLINIC is currently located on the SUBJECT PROPERTY. The OWNER shall be permitted to maintain said sign until such time as a permanent monument style sign for MCHENRY CLINIC is constructed on the SUBJECT PROPERTY. At this time, the billboard sign shall be removed from the SUBJECT PROPERTY. The billboard sign shall be permitted subject to the condition that it does not interfere with the construction of MCHENRY CLINIC or any other type of site development, including future Illinois Route 31 road improvements. Determination of interference shall be subject to the sole discretion of the CITY. If MCHENRY CLINIC does not receive approval from the CITY for site development work, ie: grading, excavation or the like, by May 1, 2004, the billboard shall be immediately removed from the SUBJECT PROPERTY. Any other sign of any type on the SUBJECT PROPERTY shall be subject to the CITY'S Sign Ordinance. VII I. Existing Improvements. The CITY acknowledges and agrees to accept the existing improvements on the SUBJECT PROPERTY, excluding the access road which shall be subject to the conditions outlined in Paragraph III of this Agreement, in their current condition as of the date of the Agreement. However, all future additions, alterations, repairs or replacements to those existing improvements shall be in accordance with the provisions of the Codes and Ordinances of the CITY. The CITY also acknowledges that the improvements on Lots two (2), three (3) and seven (7), as designated on the PRELIMINARY PLAT, are served by existing private wells and sanitary septic systems. The OWNER may continue to utilize the existing wells and septic systems on Lots two (2), three (3), and seven (7) until such time as any well and/or septic system must be replaced, as determined, by the McHenry County Health Department or other such authority as determined by the CITY. At such time, the OWNER must abandon the well and/or septic system in accordance with the regulations of the McHenry County Health Department, connect to the CITY'S water and/or sanitary sewer system, obtain all required permits and pay all fees associated with that connection. IX. Tree Survey and Preservation Plan. OWNER shall obtain a tree removal permit prior to the removal of any trees on the SUBJECT PROPERTY. Any tree removal and replacement on the SUBJECT PROPERTY shall be in accordance with the CITY'S Tree Preservation ordinance. A tree survey entitled "TREE LOCATION MAP -PROFESSIONAL PLAZA SUBDIVISION", prepared by CUSTOM LANDSCAPING DESIGN AND CONSTRUCTION, INC. dated November 13, 2002 and bearing a latest revision date of January 15, 2003 is hereby included and made a part of this Agreement by reference. X. Annexation Fees. OWNER shall pay to the CITY the lump sum of five thousand five hundred dollars ($5,500), within sixty (60) days following the annexation of the SUBJECT PROPERTY. XI. Underground Utilities. The OWNER shall install all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development underground to the extent that said utilities are not already located underground at the SUBJECT PROPERTY. XI I. Right -of -Way Dedication. The OWNER agrees to dedicate a sixty-six (66) foot wide right-of-way, as depicted on the PRELIMINARY PLAT, to the CITY for a future road connection to the property to the south. The OWNER or CONTRACT PURCHASER shall provide a letter of credit, in a form and in an amount deemed acceptable by the CITY'S Engineer, securing future construction of improvements necessary for said road connection. The letter of credit must be submitted to the CITY within sixty (60) days following the date the City Engineer approves the estimate of the cost of construction of the public road and related improvements. The parties acknowledge and agree that the amount of the letter of credit shall be the maximum contribution of the OWNER and CONTRACT PURCHASER towards the cost of the future construction of improvements for the road extension to the adjacent property to the south. In addition, the CITY agrees that the letter of credit shall only be posted for a ten (10) year period and thereafter, the cost of the improvements in the right-of-way shall be borne by others. Said road connection shall not be constructed until such time as the property to the south is annexed to the CITY and a_ permit for the first building to be constructed on said adjacent property is issued by the CITY. The CITY shall be responsible for the construction of said roadway connection to the adjacent property to the south of the SUBJECT PROPERTY. The CITY and OWNER acknowledge that if said road connection is constructed, stormwater management facilities for the SUBJECT PROPERTY will be impacted. The CITY agrees that the lost capacity of the stormwater management facilities on the SUBJECT PROPERTY shall be replaced with additional stormwater management facilities constructed as part of the future development of the property(s) to the south. XIII. Sanitary Sewer and Water. The CITY makes no representation or warranty that there will be any municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water available to serve the SUBJECT PROPERTY at any time during the term of this agreement. 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 OWNERS that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNERS apply to the CITY for connection permits. XIV. Easement for Water Main. The OWNER shall be responsible for extending the City's water main, as depicted on the PRELIMINARY PLAT to the Hillside/Pebble Creek Subdivision, located adjacent to the SUBJECT PROPERTY to the east. The location and size of this easement must be approved by the CITY prior to the CITY's acceptance of said easement. The OWNER shall be responsible for completing the extension of the water main to the Hillside/Pebble Creek Subdivision prior to connecting to any CITY utilities. If an additional easement is required, the OWNER shall provide the CITY with an easement document, recorded with the Recorder of Deeds of McHenry County, obtaining an acceptable easement, and the OWNER shall subsequently be responsible for the extension of the CITY'S water main to the Hillside/Pebble Creek Subdivision, upon approval by the CITY. XV. 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. XVI. 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. XVII. 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 shall elapse 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 CONTRACT PURCHASER Mercy Health System Corporation 1000 Mineral St. Janesville, WI 53547 ATTORNEY FOR CONTRACT PURCHASER Lisa Waggoner The Waggoner Law Firm, P.C. Four North Walkup Ave. Crystal Lake, IL 60014 OWNERS Home State Bank as Trustee under Trust No. 3363 40 Grant St. Crystal Lake, IL 60014 Mark S. Cooper and Gail M. Cooper 11023 Dorham Lane Woodstock, IL 60098 Paula Archos 1322 Riverside Dr. McHenry, IL 60050 Demos (James) Archos 808 N. John St. McHenry, IL 60050 McHenry County Property Management Corporation C/o Donna Zadeikis 818 S. Route 31 McHenry, IL 60050 XVIII. Obligations. All obligations of the OWNERS 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. OWNERS hereby consent to the filing of alien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. XIX. 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. XX. 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. XXI. 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 here from and the invalidity thereof shall not affect any of the other 0 provisions contained herein. •gar �� 's W � 6 5 a o/� NESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated N .a O Z En M 0 m >,U � 2 i2at@vG. 13) a2 _— &_ ::"a a o° m m 0.0 n N m = 2 _ bWNERS CITY � a�i � eJ e� a � g o a c ro° Q •� a _ o JAMES J. ZAMBON SO - -D E c 7 Q ,,- I E� PRESI_DENT & TRUST OFFIC = 2 � 0 o -_° ¢ = State Bank, as Trustee Mayor x a o cu m CO = : " `'`- k1bder Trust No. 3363 N i v = J T , Y _7 C t QJ J C N M FJ C r 2.9 rJ S f1 N � �} C O L � � � Cf p •io c 2 rl� E;� - � 6 = s? Mark S. Cooper ��� / .. CooperGail M. r Attest: flt C-0- City Cle < 0 McHenry County Property Management Corporation Print Name and itle e & ;p� Paula Archos Demos Archos CONTRACT PURCHASER (MERCY HEALTH SYSTEM CORPORATION) Print Name and Title Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 1: The East 727.24 feet of the North 50.32 feet in Width of a tract of land described as follows: All that part of the West Half of the Southwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner of said Section 2 in the center of the public highway and running thence North 191/4 degrees East along the center line of said highway, 11 chains and 76 links, more or less, to the Southwest corner of the piece of land conveyed by James Vose and wife, to Henry Erwin by Warranty Deed dated November 3, 1866 and recorded in the Recorder's Office in Book 39 of Deeds, page 469; thence East along the south line of the piece so conveyed to Henry Erwin, 16 chains and 27 links, more or less, to the East line of the said West Half of the Southwest Quarter; thence South along said East line 11 chains and 6 links, more or less, to the south line of said, Section; thence West along the south line of said Section, 19 chains and 92 links, more or less, to the place of beginning, in McHenry County, Illinois. Parcel 2: That part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2, at a point 736 feet north from the south line of said section, and running thence North on said East Line thereof, a distance of 264.72 feet to an iron stake: Thence westerly on a line forming an angle of 90 degrees, 43 minutes to the left; with a prolongation of the last described line, 943.38 feet to an intersection with the easterly right of way line of the state highway: thence southwesterly along said easterly right of way line of said state highway, being on a line forming an angle of 71 degrees to the left, with a prolongation of the last described line, a distance of 279.98 feet to a concrete marker: Thence easterly in a straight line, a distance of 1031.22 feet, more or less, to the place of beginning (excepting and reserving therefrom that part thereof described as follows: Commencing on the East line of the Southwest quarter of the Southwest Quarter of said Section 2 at a point 736 feet North from the South line of said section: thence westerly on a line forming an angle of 90 degrees 43 minutes to the left, with a prolongation of the last described line, a distance of 727.94 feet to a point for a place of beginning: thence northerly at right angles to the last described line, a distance of 94.55 feet to a point; thence Westerly at right angles to the last described line, a distance of 270.73 feet to an intersection with the Easterly right of way line of the state highway: thence southwesterly along said easterly right of way line of said state highway, being on a line forming an angle of 71 degrees to the left, with a prolongation of the last described line, a distance of 100.00 feet to a concrete marker: thence easterly in a straight or direct line, 303.28 feet to the place of beginning, in McHenry County, Illinois. Parcel 3: Part of the West half of the Southwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2, at a point 2000.72 feet North from the South line of said Section; thence North on said East line thereof, a distance of 873.2 feet to an iron stake;.thence westerly on a line forming an angle of 90 degrees and 43 minutes to the left, with a prolongation of the last described line, a distance of 652.93 feet, more or less, to an intersection with the easterly right of way line of the state highway; thence southwesterly along the easterly right of way line of the state highway, beginning on a line forming an angle of 71 degrees to the left, with a prolongation of the last described line, for a distance of 923.51 feet to an iron stake; thence easterly in a straight line, 943.38 feet, more or less, to the place of beginning, (excepting therefrom the North 10 acres thereof), in McHenry County, Illinois. 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