Loading...
HomeMy WebLinkAboutOrdinances - ORD-03-1189 - 09/29/2003 - AUTHORIZE ANNEX AGREEMT MAE KING PROPERTY AND HALLORDINANCE NO. ORD-03-1189 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH MAE KING AND HALLMARK HOMES, L.L.C. FOR A 22.135 ACRE PROPERTY LOCATED NORTH OF MCCULLOM LAKE AND WEST OF THE MEIJER/HOME DEPOT SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS WHEREAS, Mae King is the legal owner of record and Hallmark Homes, L.L.C. is the contract purchaser of the real estate located north of McCullom Lake Road, west of the Meijer/Home Depot Subdivision, 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 September 29, 2003, between the City of McHenry, a Municipal Corporation in the State of Illinois, Mae King, record owner, and Hallmark Homes, L.L.C., contract purchaser, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Hallmark Homes 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 SECTION 3: All Ordinance or parts thereof in conflict with, the terms and provisions hereof are hereby repealed to the extent of such conflict.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 29TH DAY OF SEPTEMBER , 2'003 AYES: BOLGER, LOW, WIMMER, PETERSON, CONDON NAYS: GLAB, MURGATROYD ABSTAINED: NONE ABSENT: NOMF NOT VOTING: NONE APPROVED THIS 29TH DAY OF SEPTEMBER , 2003 ATTEST: CI RK 10 I� MAYOR 6 HALLMARK HOMES ANNEXATION AGREEMENT This Agreement made and entered into this %S day of _ L, , 2003, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"),/.k -M-,. ��� ("OWNER") and Hallmark Homes ("CONTRACT PURCHASER"). T— RECITALS A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY." B. The OWNER has filed with the City Clerk a Petition for Annexation of the 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 currently unimproved and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has no electors residing thereon. E. The SUBJECT PROPERTY consists of one contiguous tract of land which is not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and is presently contiguous to and may be annexed to the CITY in accordance with 65 ILCS 5/7-1-1„ et seq. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. I. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq. J. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: 1. Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERTY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RM-1, Low - Density Multi -Family Residential District. 3. Variance. Immediately following the annexation and zoning of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a variance to allow two buildings on a zoning lot for the four (4) of the proposed lots. 4. Concept Plan Approval. The Concept Plan, prepared by CES Inc, dated September 18, 2003„ attached hereto as Exhibit B and made a part of this Agreement by reference (hereinafter referred to as " oncept Plan"), is hereby approved. It is understood that the representations on the Concept Plan regarding land uses, maximum number of units, the public rights -of -way, open space layout, stormwater management facilities and the configuration of lots is preliminary in nature and the final road and lot layout will be determined at the time of final platting for the SUBJECT PROPERTY. 5. Maximum Number of Residential Units. OWNER shall be entitled to construct 104 new residential dwelling units on the SUBJECT PROPERTY, in buildings having no more than four (4) dwelling units per building. 6. Limitation on Number of Units Allowed Per Year. Upon application by the OWNER and review by the CITY, the CITY shall issue permits forthe construction of no more than fifty-two (52) residential units per calendar year. The first calendar year shall begin on the date of final plat approval by the City Council. 6 7. Building Elevations. OWNER agrees that multi -family units constructed on the SUBJECT PROPERTY shall have an appearance in substantial accordance with Exhibit entitled "Building Elevations", prepared by Rubloff Architecture Group, attached hereto and made a part of this Agreement by reference (hereinafter referred to as Exhibit C, "Building Elevations"). 8. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit B, in all areas of the SUBJECT PROPERTY that have been final platted, unless weather prevents the installation of said landscaping, berming and fencing, and in that event, temporary occupancy permits may be issued to the OWNER. OWNER shall implement, install, enforce, and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 9. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all Landscape Plans, private paths, open space, private recreational facilities, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on Exhibit B and Exhibit C by creating a "homeowners' association" or appropriate organizations. The provisions of the homeowners' association corporate charter and bylaws and any covenants used in its enforcement shall be submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners' association charters, bylaws, and covenants, as they relate to stormwater management, and that all such documents shall so provide: 'it is further acknowledged and agreed the homeowners' association bylaws and covenants will specifically provide that these shall not be amended as they relate to such implementation, enforcement, and maintenance, and the means for providing funds therefore, without the prior approval of the CITY. 10. Back -Up Special Service Area. Prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private "homeowners' association" and assessment to ensure the continued maintenance of the private subdivision improvements, including open space, landscaping, and other amenities as provided in this Agreement. 11. Contribution for Future Intersection Improvements. OWNER shall pay to CITY the lump sum of $10,000 prior to the issuance of the first occupancy permit for any residential unit. Said amount shall be used towards future improvements at the intersection of State Route 31 and McCullom Lake Road. 3 12. Sanitary Sewer and Water. a. The SUBJECT PROPERTY shall be developed with runicipal sanitary sewer and water. OWNER will be allowed to extend the municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY will service the development with water and sanitary sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made available to the development on the same basis as it is made available to other developments. b. The CITY acknowledges that there is currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY however, the CITY does not agree to reserve any capacity forthe SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. c. The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, surveying cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. ' ' 13. Temporary Signage. a. Advertising Signs. The CITY agrees to approve a variance to issue permits, following receipt of proper applications and fees, for a maximum of two (2) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER. The signs shall be two-sided orv-shaped, a maximum of sixty-four (64) square feet in area per side, twelve (12) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the SUBJECT PROPERTY has reached ninety (90) percent occupancy of the total number of residential units proposed, based upon issuance of Certificates of Occupancy. b. On -Site Directional Signs. On -site directional signs identifying the sales office(s) and model(s) shall be allowed subject to approval by the Community Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of sales office(s). 51 c. Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary marketing signs shall be permitted to the OWNER for participation in the Festival of Homes sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more than four (4) times a year. 14. Model Homes: Construction Trailers. a. Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of any final plat of subdivision or engineering approval, the OWNER shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy model units in one or more product lines being offered by the OWNER and to construct and maintain other appurtenant facilities for said model units, including temporary sanitary facilities and systems (when a permit is received from the McHenry County Health Department) in advance of the construction of sanitary, storm sewer, storm water detention facilities and water mains; provided, however, no such construction shall prejudice the power and right of the CITY to review, approve and disapprove final plats of subdivision and engineering plans for any parcel containing said models. OWNER shall have the to right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the OWNER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. b. Construction Trailers. Construction storage trailers used to build dwelling units shall be allowed at locations to be approved by the Community Development Department of the CITY. Upon the occupancy of 90% of the units in each phase, all construction storage trailers shall be removed from that phase of development. At all times during development of the SUBJECT PROPERTY, construction storage trailers shall be parked no closer than 300 feet from the nearest occupied home. 15. Underground Utilities. OWNER shall install underground, at OWNER's cost, all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development of the SUBJECT PROPERTY. 16. Park Connection. OWNER shall install, at his sole cost and expense, an eight -foot wide asphalt bike path from the public street north to the Petersen Park property owned by the CITY, as depicted by the Concept Plan. Said path shall be constructed in accordance with the specifications of the CITY. GW 17. 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. i. OWNER shall pay to the CITY the lump sum of $22,135 (representing $1,000 per acre zoned residential) within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. ii. OWNER shall pay to the CITY the sum of $578 per residential unit, including single-family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. iii. OWNER shall pay to the CITY the sum of $1,916 per residential unit $1,073 to School District No. 15, $782 to School District No. 156 and $61 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of each Certificate of Occupancy. b. Cash Donations. i. OWNER shall pay to the CITY certain Cash Donations per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Dwelling Unit Total 156 15 1 Bedroom $0 $0 $0 $1,925 $269 $269 $2,463 2 Bedrooms $1,813 $635 $1,178 $3,212 $269 $269 $5,563 3 Bedrooms $2,052 $718 $1,334 $3,860 $269 $269 $6,450 4 Bedrooms $4,940 $1,729 $3,211 $5,076 $269 $269 $10.554 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". ii. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than the cash donation amounts set forth in the CITY's ordinances, as amended from time to time, an amount equal to the amounts specified in the CITY's ordinances, after adjustments as calculated above for land 0 donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. iii. In the event the CITY's cash contribution ordinance, or any other ordinance of the CITY relating to 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 Amounts 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 Amounts 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, School Districts 15 and 156, Library District, and Fire Protection District 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. OWNER agrees not to pay any fees under protest. d. Donations Distinguished from Fees. Other than the donations 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. e. Distribution. That portion of these fees to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they may be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third party beneficiary rights in School Districts 15 and 156 or the Library District. F f. Annual Adjustment. At the end of each one-year period„ with the first adjustment occurring May 1, 2004, the fees referenced in the preceding paragraphs a) ii, a) iii, and b) i, shall be adjusted upward by the percent that the Chicago Area Consumer Price Index has moved upwards since December31, 2002, and every December 31 sc 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. 18. Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not been final platted may be used for agricultural purposes, including crop farming over the entire parcel, and that such use may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. 19. 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. 20. 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 specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 21. 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 City Administrator Douglas K. Maxeiner 333 S. Green Street McHenry, IL 60050 OWNER Need Address 0 DEVELOPER Hallmark Homes 4949 Harrison Avenue, Suite 200 Rockford, IL 61108 22. 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 twenty-four (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. 23. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBJECT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 24. Obligations. All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. 25. 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 maybe 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. 26. 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. 9 27. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Preliminary Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of F 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MC ENRY By: C-- 'lAayor Susan E. Low Attest: n C' CI k J ice . Jones OWNE By: c Its: // z,, ���• 10 Exhibit A Legal Description of the SUBJECT PROPERTY Part of the West Half of the Southwest Quarter of Section 23, Township 45 North, Ra6§e 8, East of the Third Principal Meridian, being described as follows: Commencing at the intersection of the west line of said West Half of the Southwest Quarter with the centerline of McCullom Lake Road; thence.South 44 degrees 06 minutes 09 seconds East along said centerline, 835.40 feet to the east line of the property, described in Document No. 552877; thence North 0 degrees 18 minutes 34 seconds Ebst along sold east line, 47.62 feet to the Northeasterly right—of—way line of said McCullom Lake Rood and the place of beginning, thence continuing North 0 degrees 18 minutes 34 seconds East along said East line 456.49 feet to the Northeast corner thereof; thence South 88 degrees 49 minutes 31 seconds West along the north line thereof, 29.17 feet to the east line of the property described in Document No. 713653, thence North 01 degrees 12 minutes 09, seconds West along sold east line, 169.08 feet to the Northeast corner thereof, thence South 89 degrees 42 minutes 51 seconds West along the north fine thereof, 120.80 feet to the Northwest comer thereof; thence North 0 degrees 44 minutes 12 seconds East along the east line of the property described In Book 387 of Deeds, page 629, a distance of 644.89 feet to the Northeast comer thereof; thence North 88 degrees 51 minutes 12 seconds East along the north line of the South Half of the Northwest Quarter of the Southwest Quarter of said Section 23, a distance of 868.16 feet to the east line of the West Half of said Southwest Quarter, thence South 00 degrees 18 minutes 34 seconds West along said east lime, 1256.67 feet to the Southeast comer thereof; thence North 60 degrees 06 minutes 21 seconds West, 193.90 feet; thence Southwesterly 349.66 feet along a curve to the left, having a radius of 269.50 feet, chord length of 325.64 feet and bears South 82 degrees 43 minutes 32 'seconds West; thence South 45 degrees 33 minutes 25 seconds West, 223.54 feet to the sold Northeasterly right—of—way line of said McCullom Lake Rood; thence North 43 degrees 33 minutes 06 seconds West along said right—of—way line 98.29 feet to the place of beginning, In McHenry County, Illinois.