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HomeMy WebLinkAboutOrdinances - ORD-06-1324 - 08/07/2006 - AUTHORIZE 4TH AMENDMENT BUSCH-KNOX ANNEX AGMTORDINANCE NO.ORD-06-1324 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FOURTH AMENDMENT TO THE BUSCH-KNOX ANNEXATION AGREEMENT TO ALLOW A MEMORY CARE FACILITY FOR THE PROPERTY LOCATED AT 3300 CHARLES J. MILLER ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, PRDC, Professional Realty and Development Corporation, ("OWNER") holds fee simple title to certain real estate located on the north side of Charles Miller Road, east of Green Street, known as 3300 Charles Miller Road, 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 Fourth Amendment to the Busch -Knox Annexation Agreement, bearing the date of AUWSt— q , 2006, between PRDC ("OWNER") and the City of McHenry, Illinois, an Illinois municipal corporation (the "CITY") be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Fourth Amendment to the Busch -Knox 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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 AUGUST 2006 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON NAYS: NONE ABSTAINED: NONE ABSENT: CONDON NOT VOTING: NONE APPROVED THIS 7TH DAY OF AUGUST , 2006 AYOR ATTEST: C Y ERK FOURTH AMENDMENT TO THE BUSCH-KNOX ANNEXATION AGREEMENT This Fourth Amendment ("AMENDMENT") is made and entered into this 74-A day of (.(c cli T— , 2006 between Professional Realty and Development Corporati n — Illinois (PRDC, the "DEVELOPER"), and the City of McHenry, Illinois, an Illinois Municipal Corporation (the "CITY"). RECITALS WHEREAS, the OWNER, CITY and certain other parties previously entered into the Busch Knox Annexation Agreement (the "ORIGNIAL ANNEXATION AGREEMENT"), dated as of April 28, 1995, and recorded as Document No. 95R017527, the First Amendment to the Busch Knox Annexation Agreement (the "FIRST AMENDMENT"), dated as of October 2, 1996 and recorded as Document No. 96R059136, and the Second Amendment to the Busch Knox Annexation Agreement (the "SECOND AMENDMENT"), dated as of November 17, 1999, and recorded as Document No: 2000R0001366, and the Third Amendment to the Busch Knox Annexation Agreement (the THIRD AMENDMENT"), dated October 6, 2003 and recorded as Document No. 2004R0001228, all in the Office of the County Recorder of McHenry, Illinois, pursuant to which, among other things, the CITY annexed the Land and allowed certain land uses on the Subject Property thereunder, The ORIGNIAL ANNEXATION AGREEMENT, THE FIRST AMENDMENT, THE SECOND AMENDMENT, THE THIRD AMENDMENT and this AMENDMENT as may be further amended are collectively called the "ANNEXATION AGREEMENT." WHEREAS, the THIRD AMENDMENT allowed the DEVELOPER to construct a facility with 114 age restrictive apartment units fox senior, independent, congregate and assisted living, together with food service, limited retail activities, appurtenant office and mechanical areas, and enclosed garages (collectively referred to as "IMPROVEMENTS") on a part of the Subject Property (the "PROPERTY") legally described on Exhibit A attached hereto, WHEREAS, the OWNER has completed these improvements and now desires to expand the senior services to allow a memory care facility. WHEREAS, the DEVELOPER and CITY desire to enter into this AMENDMENT in order to ensure the completion of the proposed construction of building and parking improvements for a 36-bed memory care facility (the "EXPANSION"). WHEREAS, the CITY has determined that this AMENDMENT is in the best interest of the CITY, will promote sound planning and growth of the CITY, and will otherwise enhance and promote the general welfare of the CITY and its residents. WHEREAS, this AMENDMENT is made pursuant to and in accordance with the provisions of65 ILCS 5111-15.1-1, et seq. WHEREAS, prior to the date of this AMENDMENT a public hearing was held upon proper notice and publication as are required for the CITY to effect the terms of this AMENDMENT. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Fourth Amendment. Upon the execution of this Fourth Amendment, the CITY shall adopt an ordinance approving the Fourth Amendment to the Busch -Knox Annexation Agreement and shall file a copy of said ordinance, together with the Fourth Amendment, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. 2. Zoning. Paragraph 2 of the SECOND AMENDMENT is hereby amended to include the following sentence at the end of the paragraph. "Immediately following the approval of this Fourth Amendment, the City shall adopt an ordinance approving a Conditional Use Permit to allow a nursing home and an ordinance approving a variance to allow multiple buildings on a zoning lot for a 36-bed memory care facility to be constructed west of the existing IMPROVEMENTS. Access to Miller Road. Paragraph 4 of the SECOND AMENEDMENT is hereby amended to include the following sentence. "The DEVELOPER shall be allowed to use that existing curb cut and driveway onto Charles J. Miller Road until such time that the McHenry County Division of Transportation requires a change to said access configuration. If the McHenry County Division of Transportation determines that the existing curb cut and driveway need to be moved to the Valley Road location, then, at such time that the Valley Road improvements are completed and accepted by the McHenry County Division of Transportation, the DEVELOPER shall have 12 months to construct a driveway connection from the existing parking lot east to connect with Valley Road. 4. Abandonment of Access. At such time that the McHenry County Division of Transportation and/or the City of McHenry construct the improvements for the Charles J. Miller Road widening and should the McHenry County Division of Transportation determine that the existing driveway needs to be moved to the Valley Road location, the existing western most access onto Charles J. Miller Road for this development shall be narrowed and converted into an emergency only access.. The DEVELOPER shall work with the County to execute this change. The DEVELOPER shall also work with the County to abandon the existing emergency only access. 5. Charles J. Miller Road right-of-way dedication. The DEVELOPER shall dedicate 15-foot of right -a -way for the future expansion of Charles J. Miller Road along their southern property line. The dedication shall consist of the existing 10-foot M.U.E. and an additional 5-foot beyond that as depicted in Exhibit C. A copy of the recorded Plat of Dedication shall be provided to the CITY within 6 months of execution of the Agreement. The existing monument sign will be allowed to remain in the right-of-way until such time that widening improvements to Charles J. Miller Road are started. Upon commencement of such improvements, the sign shall be relocated at City's expense to meet the requirements of the CITY'S sign regulations. . 6. Valley Road right-of-way dedication. Within ninety (90) days of written notification from the CITY, DEVELOPER shall dedicate to the CITY a 30- foot portion of property along the southeastern property line, as depicted on Exhibit D, for the construction of Valley Road. 7. Site Development. The first sentence of Paragraph 10 of the SECOND AMENDMENT is hereby amended to read ".....shall consist of a 114-unit senior age -restricted facility and 36-bed.memory care facility....." and ".....and 2C respectively and Exhibit B, B-2, and B-3 for the Site Plan, Landscape Plan and Elevations respectively for the memory care facility." 8. In the event there is a conflict between the provisions of this Fourth Amendment and any other provision of the AGREEMENT, the provisions of this Fourth Amendment shall control. All sections and exhibits of the AGREEMENT not in conflict shall remain in full force and effect. 9. In addition to the notice heretofore required under the terms and provisions of the AGREEMENT, notice shall also be provided at the following addresses: DEVELOPER: Virginia Gully c/o PRDC-Illinois 5119 Farmington Close Rockford, Illinois 61114 WITH COPY TO: Mark Saladin Law offices of Militello, Zanck & Coen, P.C. 40 Brink Street Crystal Lake, Illinois 60014 Office of the City Administrator 333 S. Green Street McHenry, I160050 WITH COPY TO: David McArdle Law offices of Zukowski, Rogers, Flood and McArdle 50 N. Virginia Road Crystal Lake, IL 60014 10. It is agreed by the parties that this Fourth Amendment to the Busch -Knox Annexation Agreement and its subsequent amendments may hereafter be amended by the CITY and the record title holder and DEVELOPER of the parcels being affected by said amendment without the necessity of other parties to the Original Annexation Agreement, the First Amendment, or the Second 01- Thy Amendment to join in said subsequent amendment or amendments. 1�-1- IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. DEVELOPER Professional Realty and Development C rporation By: Name: o (3 R- 1 1 f3 u Title: C e_� D CITY CITY of McHenry, Illinois By Name : usan E. Low Title: Mayor Attest: By: C Name: anic C. Jones Title: ity Cl k EXHIBIT A Legal Description Parcel 1: That Part of Section 2,'I'owmship 44 North, Range S East of the Third Principal Meridian, described as follows• Commencing mmencing at the Nortbi%,est corner of the Northeast Quarter of said Section 2 and ruMuint� thence South 01 degrees, 00 tni natm, 48 swords East (bearing assumed), it distance of 1312.78 feet; thence North 89 degrees 49 minutes 04 seconds East, a disc m= of 1767,85 feet for the point of beginning, thence South 01 degrees, 29 minutes. 22 seconds Vilest, a dlstanty of 672,10 feet; thence South 89 riegrecs, 51 minutes, 29 seconds East, a distance of 36.00 feet; thence North 01 degrom 29 minutes, 22 seconds East, a distance of 672.30 feet: thence South 89 degrees, 49 minutes, 04 seconds West, a dibtaucc of' 01 feet to the point of beginning, in McHenry Counry, Illinois. ALSO Pa mel 2: Thut part. of Section 2, Township 44 North, Range S East of the Third Principal Meridian, described as follows; C,,mirmio icing at the Northwest corner of the Northeast Quarter of said Suction 2 and running thence South 01 degrees, 00 tutrtutes, 48 seconds East (bearing assumed), a distance of 1312.78 feet; thence North 89 dcgmcs, 49 minutes, 04 seconds 1-act, a distance of 1762.95 feet; thence South 01 degrees, 29 minutes, 22 seconds West, a distance of 672.10 feet for the point of beguuun; ; thence continuing South 01 degrees, 29 minutes, 22 seconds, West, a distancc of 210.00 feet; thence South 89 degrees. 31 minutes, 29 seconds Fast, a distance of /5.00 feet; thence North 01 decrees, 29 minute, 22 seconds East. a distance of 210.00 feet; thence North 89 degrees, 51 minutes, 29 smonds West, a distance of 75.00 feet to the Point of beginning in McHenry County, Illinois. ALSO Parcel 3: Thatpan of Section 2, Tawnship 44North, RmSe 8 Feast of the 'Third Principal Meridian. described as toliows; (,:cutrmencing at the Northwest corner of the Northeast Quarter of said Suction 2 4t1d running thence South 01 degrees, Ott minnim— 48 seconds East (bearing assumed) on the West line thereof, a distance of 1312.78 feet; thence North 89 degrc*eA; 49 minutes, 04 seconds East, a distance of 1762.85 foot; thence South 01 degrees, 29 minutcs, 23 seconds V c st, a distance of 672.10 feet for the point of bv,i.tming; thence continuing South 01 degrees, 29 minutes, 22 seconds West, a disumuc of 210.00 foot; thence North 89 dG�aas, 51 minutes, 29 seconds crest, a distance of 614.32 feet; thence Southwesterly along the curve to the left, having a radius of 850.00 fcct, for an arc distww of 254.43 feet; thence 'North 01 degrees; 57 minutes 38 seconds East, a distartcc of 160.41 fcct, thence North 18 degrees, 25 minutes. 20 seconds last, a distance of 260.00 feet; thence South 74 degrees, 43 minutes, 30 seconds Fast, a distance of 314.88 fact; thence South 15 degrees, 08 minutes, 31 seconds West, a distance of 90.00 feet; thence South 89 degrees, 3 l minutes. 29 seconds Fast, a distance of 500.00 feet to the point of beginning,, in Mcllewy County, Illinois. Parcel 4 That part of Sawn 2, Township 441`orth, Range 8 last of the Third Principal Meridian, described as follows, Commencing at the Northwmst earner of the Nvrtbczvst Queerer of said Section 2 and mmnine tlxenoe South 01 degrees, 00 minutes, 48 seconds East.. (besting assumed) on the West line thereof, a distance. of 1312.78 feet; thence North 90 deem, 49 minutes, 04 seconds Fast, a distance of 1592.95 feet for the point of beginning; thevoc continuing North 89 degracs, 49 minutes, 04 srwnds Fast, a distance of 180.00 feet; thence South 01 degrees, 29 minutes, 22 ,scc;Onds Wit, a distance of 672.10; thence North 89 deerccs, 51 rninutes. 29 seconds West, a.digtance of 5OO.00 feet; thence: North 15 degrees, 08 minutes, 31 seconds 1?agt a dice of 80.00 feet; thence North 74 degrees, 43) minutes, 30 seecmd.; West, a dish+= of 114.88 feet; thence North 54 degre os, 49 minutes, 04 -wonds East, a distance of 420.00 feet; thence North 89 der*rees, 49 minutes, 04 seconds East, a distance of 180.00 11W. themee North 06 degrc-&-s, 01 minutes, 34 seconds East, a distance of 116.3U feet; thence North 02 degrees, 23 minutes, 44 seconds West, a distance, of'220,26 fl-et to tiac point of heginnine in McHenry County. Illinois.