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HomeMy WebLinkAboutOrdinances - ORD-07-1389 - 09/10/2007 - AUTHORIZE ANNEX AGMT BROOKE ESTATESORDINANCE NO. ORD-07-1389 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE BROOKE ESTATES ANNEXATION AGREEMENT FOR A 6.731 ACRE PROPERTY LOCATED ON THE EAST SIDE OF RIDGE ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, and Andreas and Deborah Szechowycz (hereinafter collectively referred to as "OWNER") are the legal owners of record of the real estate located on the east side of Ridge Road in McHenry County, Illinois; and WHEREAS, the OWNER and the City desire to enter into an annexation agreement to provide for the development of 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 q tD , 2007, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Andreas d Deborah Szechowycz, record owners, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Brooke Estates 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 10THDAY OF SEPTEMBER , 2007 SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON, LOW AYES: NAYS: C: LA B ABSTAINED: NONE ABSENT: NONE NOT VOTING: N O N E APPROVED THIS BOTH DAY OF SEPTEMBER , 2007 AYOR ATTEST: \C9. �.. CIT CLE C 2 ANNEXATION AGREEMENT This Agreement made and entered into this loth day of September, 2007, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and ANDREAS SZECHOWYCZ AND DEBORAH SZECHOWYCZ (hereinafter collectively referred to as "OWNER"). 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 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 currently improved with one single-family residence and accessory buildings on the east side of Ridge Road, and is zoned "B-3" — Estate District, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. E. The SUBJECT PROPERTY consists of one 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. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of McHenry Township, so notice of the annexation of the SUBJECT PROPERTY has been served to the McHenry Township Commissioner of Highways and Board of Town Trustees by certified mail. J. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq. Page 1 of 18 K. 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 CIerk 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. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RS-1, Low -Density Single -Family Residential. Variances. Immediately following the annexation and zoning of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting the variance listed below, with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the Preliminary Plat referenced in this Agreement: A) A variance of the minimum front yard set back of Table 4 of the Zoning Ordinance to allow an existing house and garage to remain temporarily until a new home is constructed on Lot 6 of the proposed subdivision; provided, however, the existing house and garage shall be removed within ten (10) years from the date the final plat is approved so long as the existing home is owner - occupied. 4. Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not been final platted may continue to be used for agricultural purposes, including crop farming over the entire parcel and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. Preliminary Plata Immediately following the zoning and annexation of the SUBJECT PROPERTY, the City shall approve the Preliminary Plat entitled "Brooke Estates", prepared by Vanderstappen Schmitt Surveying and Engineering, Inc. and with a revision date of April 17, 2007, attached hereto and made a part of this Agreement by reference as "Exhibit B" (hereinafter referred to as "Preliminary Plat"). 6. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all landscape plans, private paths, open space, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas by creating one or more "homeowners' association" or appropriate organizations. The provisions of each 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. In lieu of creating a separate back-up special service area in the event the association fails to maintain common areas and/or out lots, 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 issues, pertaining to stormwater, detention, the ongoing maintenance and preservation of landscaping or other aspects of the development which may adversely impact homeowners in the development, and that all such documents shall so provide. Page 2 of 18 Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of the final plat of subdivision for the SUBJECT PROPERTY, in accordance with the CITY'S Tree Preservation Ordinance. 8. Curb, Gutter and Sidewalks. The CITY acknowledges that its current Subdivision Control Ordinance does not require the construction of curbs, gutters or sidewalks in connection with the subdivision of lots in the RS-I, Low Density Single -Family Residential District. However, OWNER may be required to install curbs and gutters at such locations in accordance with the specifications of the City Engineer, when, at the discretion of the City Engineer, the installation of such curbs and gutters becomes necessary for the purpose of preventing erosion from surface water run-off, or for other sound engineering practices. 9. Sanitary Sewer and Water. OWNER shall not be required to extend the existing municipal sanitary sewer and water lines from their present location to serve the SUBJECT PROPERTY. CITY agrees to permit the OWNER to use individual well and septic systems for each platted lot, in compliance with all applicable State and County requirements. 10. Temporary SiMa¢e. A) Advertising Sims. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of six (6) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs shall not be permitted). The signs shall be two-sided or V-shaped, a maximum of sixty-four (64) square feet in area, eight (8) 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 Sins. 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). 11. 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. No other existing lines which may be overhead shall be required to be underground. 12. 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 $6,450.00 (total acreage of site times $1,000) within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. Page 3 of 18 2. Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of acres included in the subdivided area. 3. OWNER shall pay to the CITY the sum of $622 per residential unit, including single family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. 4. OWNER shall pay to the CITY the sum of $2,146 per residential unit constructed on the SUBJECT PROPERTY, $1,170 to School District NO. 15, $848 to School District No. 156 (hereinafter referred to as "School Districts"), $64 to the McHenry Public Library District (hereinafter referred to as "Library District'), and $64 to the McHenry Township Fire Protection District (hereinafter referred to as "Fire Protection District"). The monies shall be paid upon issuance of each Certificate of Occupancy. B. Cash Donations 1. 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: Single Family Detached Schools Parks Library Dist Fire Dist Total per Unit 2 or Less Bedrooms $2,366 $3,571 $296 $296 $6,529 3 Bedrooms $3,847 $5,134 $296 $296 $9,573 4 Bedrooms $5,329 $6,665 $296 $296 $12,586 5 or More Bedrooms $5,476 $6,675 $296 $296 $12,743 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". 2. 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 donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. 3. 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 Page 4 of 18 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, library and fire protections districts, 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, the Library District or the Fire Protection District. F. Annual Adjustment On May 1, 2007 and each May I" thereafter the fees referenced in the preceding paragraphs a) HL a) iv and b) L shall be adjusted upward by the percent that the Chicago Area Consumer Price Index moved upward the preceding year. 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. 13. 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 hereto. 14. Amendment This Agreement may only be amended by written instrument executed by all parties hereto pursuant to the provisions of state statute. 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. Page 5 of 18 15. 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, providing thirty (30) days from the receipt of said default notice for correction of the alleged breach and providing that said thirty (30) day period shall be extended if the defaulting Party has commenced to cure such breach and is diligently proceeding to cure the same. Notice shall be in writing and delivered via certified mail, addressed as follows: CII'Y City Administrator 333 S. Green Street McHenry, IL 60050 OWNER Andreas and Deborah Szechowycz 804 Ridge Road McHenry, IL 60050 16. 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. 17. 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 SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 18. 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. 19. 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. Page 6 of 18 20. 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. 21. 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 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. CITY OF MCBENRY BIZ"` MAYO Deborah Szechow"y Page 7 of 18 Exhibit A Leval Description of the SUBJECT PROPERTY THAT PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 31, SAID POINT BEING 1313.87 FEET NORTH OF THE SOUTH-WEST CORNER THEREOF; THENCE SOUTH ON SAID WEST LINE A DISTANCE OF 553.37 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT, A DISTANCE OF 504.66 FEET TO A POINT; THENCE NORTH FOR A DISTANCE OF 561.10 FEET TO A POINT, SAID POINT BEING 504.72 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST A DISTANCE OF 504.72 FEET TO THE POINT OF BEGINNING IN MCHENRY COUNTY, ILLINOIS. Page 8of18 Exhibit B Preliminary Plat Page 9 of 18