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HomeMy WebLinkAboutOrdinances - ORD-13-1640 - 08/19/2013 - AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEME� TW CERTIFICATION 2 0 1 3 R 0 0 4 9 7 7 0 1 3 PHYLLIS K. WALTERS RECORDER-MCHENRY COUNTY, IL 2013ROO49770 10/11/2013 03:34PH PAGES 13 RECORDING FEE 34.00 GIS FEE 15.00 1, Marcia M. Geraghty, Executive Assistant in and for the City of McHenry, Illinois, do hereby certify that the attached document is a true and correct copy of City of McHenry Ordinance No. ORD- 13-1640, Providing for the Authorization of an Annexation Agreement between the City of McHenry, McHenry County, Illinois and The Chapel for property located at 414 S. Crystal lake Road, in McHenry County, Illinois. Ordinance was passed and approved by the McHenry City Council at a regularly scheduled meeting held on the 19th day of August, 2013, and was signed by the Mayor of the City of McHenry on August 19, 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of McHenry, Illinois this loth day of October, 2013. . 0 �SeAl. V Prepared by, after recording, mail to: McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 /I (0j, L14- a " Marcia M. Geraghty Executive Assistant City of McHenry, Illinois (OT NUC�V,y Z-6Et,� C-,T N\G��f-y \L WUSO AO),3 P,,00 0-7 2 6 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1640 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 12.4 ACRE PROPERTY LOCATED AT 414 S CRYSTAL LAKE ROAD, IN, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, The Chapel is the record title holder of the real estate ("Record Owner") located at 414 S Crystal Lake 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 Annexation Agreement, bearing the date of August 19, 2013 between the City of McHenry, a Municipal Corporation in the State of Illinois and the Record Owner be and the same is hereby approved. A complete and accurate copy of said annexation agreement labeled "The Chapel Annexation Agreement", is attached to this ordinance and incorporated herein by reference as Exhibit "A." Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.cl.mchenry.1l.us 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 publ ication in pamphlet form as provided by law. PASSED THIS 19 TH DAY OF August, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon, Low NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 19th DAY OF August, 2013 Rvill�. ATTEST: MAkck, f-, ZOe I\."? CITY eR D 52 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.if.us www.ci.mchenry.1l.us Exhibit "A" The Chapel Annexation Agreement (Copy on file with the office of the City Clerk) THE CHAPEL ANNEXATION AGREEMENT This Agreement made and entered into this 19'h day of August, 2013 between The Chapel, an Illinois not for profit corporation, (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 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 east of Crystal Lake Road, and consists of approximately 12.4 acres. D. The SUBJECT PROPERTY is currently vacant, has no electors residing thereon, and is zoned A-1 Agriculture pursuant to the McHenry County Zoning Ordinance. There are currently six (6) existing buildings on the SUBJECT PROPERTY including: a house, barn and silo, small shed north of the barn, two buildings south of the barn and a pole barn. E. The SUBJECT PROPERTY consists of two (2) contiguous tract of land (14-03-100-027 and 14- 04-200-007), 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 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. 1 1. 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: 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 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. Conditional Use Permit. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving a conditional use permit for an assembly use on the SUBJECT PROPERTY. The CITY is aware a new building may not be constructed on the SUBJECT PROPERTY for several years and will not revoke the approved conditional use permit because of inactivity on the. SUBJECT PROPERTY prior to the new building being constructed. Approval of the conditional use permit shall entitle the OWNER to develop the SUBJECT PROPERTY with one (1) new principal building and one (1) existing accessory pole barn building, which will be relocated on the SUBJECT PROPERTY, substantially in accordance with the SITE PLAN, attached hereto and incorporated herein as Exhibit "B," which may be amended from time to time by agreement of the City and Owner and with the provision that, any conditions of approval have been met, and it complies with this Agreement and all applicable City ordinances, including the CITY'S Zoning Ordinance and Building Codes. 3. Concept Plan. The development of the SUBJECT PROPERTY, (hereinafter referred to as "THE CHAPEL") shall be in general conformance with the site plan ("THE CHAPEL SITE PLAN"), attached hereto as "Exhibit B" and made a part of this Agreement by reference. As part of the development of the site the OWNER shall construct a right-hand turn/deceleration and a left-hand turn lane (the "off -site improvements") into the SUBJECT PROPERTY. The design and construction of said off -site improvements shall be determined by the CITY. Said off -site improvements shall be constructed in accordance with the traffic study as approved by HR Green prior the issuance of any occupancy permits on the SUBJECT PROPERTY. 4. Agricultural Uses, The City agrees that certain portions of the Subject Property currently in an agricultural use may continue to be used for agricultural purposes, including crop 2 farming and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the City. 5. Landmark Commission/Demolition of Existing Structures. Within two years from the approval date of this Agreement or such longer period as agreed upon by the CITY and OWNER, OWNER shall demolish five of the six existing buildings on the Subject Property, with the exception of a green pole barn. Upon request by the CITY and upon reasonable notice provided to the OWNER the OWNER shall permit the City of McHenry Landmark Commission to enter into any of the buildings on the SUBJECT PROPERTY proposed for demolition, and at no charge remove any historic material from said buildings prior to the demolition of any building. The CITY indemnifies, defends and holds OWNER harmless for any injury to City or Landmark Commission members, their agents or contractors or other members of the public which may occur in the process of inspecting or removing any historic material from said buildings prior to the demolition. In addition, within 90 days from the date of full execution of this Agreement, the Owner shall meet with the City arborist who will identify in writing to owner all unsafe trees on the Subject Property, particularly along the north property line, ("City Identification"). Within 45 days following the City Identification, Owner shall cause a) the identified unsafe trees to be cut and removed; b) all existing barbed wire to be removed; and all debris and trash to be removed. 6. Site Development. Site development shall be in substantial conformance with final engineering plans approved by the CITY, upon issuance of all required permits. 7. 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 shall be submitted prior the issuance of a tree removal permit for the SUBJECT PROPERTY. 8. Site Access. Additionally, the owner shall reserve adequate open space in the area designated "Future Access Road" on Exhibit B to provide for the future construction of a two way private driveway connecting its southern most parking lot depicted on Exhibit B as "Future Private Drive" to the Off -Site Intersection Improvement referenced in the next sentence. Upon future construction and operation of an intersection traffic control light at the intersection of Cunat Drive and Bull Valley Road by others ("Off -site Intersection Improvement"), the Owner shall, within 12-months thereafter or such longer period as agreed upon by the CITY and OWNER, and upon written notice by the City to the Owner to do so, complete construction of the Future Drive improvement. Failure of the Owner to comply with this obligation, or other material obligation under this Annexation Agreement after notice and opportunity to cure, shall constitute sufficient ground for the City to revoke the special use granted hereunder. 3 9. Sidewalks. OWNER shall install public sidewalks along the entire length of the frontage of the SUBJECT PROPERTY along Crystal Lake Road contemporaneously with construction of off -site roadway improvements and prior to issuance of a certificate of occupancy for THE CHAPEL. 10. Right-of-WaV Dedication. OWNER agrees to dedicate right-of-way necessary to accommodate required improvements along Crystal Lake Road as part of the development of the SUBJECT PROPERTY. 11. Contribution for Future Roadway Improvements OWNER agrees to pay a contribution to the City in the sum of $10,000 as its contribution for roadway improvements which will be completed in the general vicinity of the SUBJECT PROPERTY at some time in the future and may include but not be limited to traffic signal installation. The $10,000 contribution shall be in addition to the required off -site improvements to be constructed by OWNER as detailed in this Agreement. The entire $10,000 shall be paid by OWNER prior to the issuance of a certificate of occupancy for THE CHAPEL. This $10,000 payment shall satisfy OWNER'S obligation to contribute to future roadway, traffic control and installation improvements benefiting the SUBJECT PROPERTY. 12. Sanitary Sewer'a"nd Water. a. The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water, if capacity is available at the time of development of THE CHAPEL. 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 by the CITY on the same basis as it is made available to other developments. Water main is available on the west side of Crystal Lake Road, and OWNER shall be permitted to install an on -site grinder pump and extend a service line to the existing sanitary sewer main on Remington Drive. Notwithstanding the foregoing, OWNER shall not be required to construct a sanitary line across the frontage of the Subject Property. The maintenance of the grinder pump and service line shall be the responsibility of the OWNER. b. The CITY acknowledges that there is currently potable water and sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY; however, the CITY does not agree to reserve any capacity for the 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. 13. Reimbursement Provision. Upon development of any portion of the SUBJECT PROPERTY, the CITY reserves the right to request OWNER to construct additional, expanded or oversized municipal public improvements onsite which benefit not only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service areas for such improvements. In the event OWNER makes such improvements, the following provisions shall. apply and be included in a subsequent reimbursement/recapture agreement: a. The properties which may reasonably be expected to benefit directly or indirectly from the construction and installation of such additional onsite expanded or oversized improvements ("Benefited Property") will be determined by the CITY's Consulting Engineer. b. The CITY shall endeavor to collect a pro rata sum of money from the owners of the Benefited Property upon connection. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the Benefited Property owners shall be determined by the CITY's Consulting Engineer taking into account the following factors: construction and easement costs; professional fees; testing and analysis fees; and legal and administrative expenses. c. Subject to a non -appealable final court order, directing CITY to act otherwise, the CITY shall not issue an�y connection permits until the Benefited Property owner pays the reimbursement charge set forth in this paragraph. d. The CITY will use its best effort to collect the cost provided herein from the Benefited Property owners but shall not be liable to OWNERS if the CITY is, for any reason, unable to collect said cost. The CITY's liability to reimburse OWNERS shall be limited to payment from funds actually collected from Benefited Property OWNERS. e. The CITY and OWNER reserve the right to, at any time during the term of this Annexation Agreement, file the Reimbursement Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. f. OWNER shall reimburse and indemnify CITY for all costs, engineering and attorney's fees and liability incurred by the CITY in attempting to collect the reimbursement amount subject to this reimbursement provision. g. This reimbursement provision shall have a commencement date when the CITY Engineer issues a letter indicating substantial completion of the public improvements which are the subject of the Reimbursement Agreement and full execution of a written Recapture Agreement between the Owner and the City and shall terminate fifteen (15) years thereafter. 14. 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 CHAPEL development ("New Utility Connections") underground to the extent that said utilities are not already located underground at the SUBJECT PROPERTY. Unless otherwise agreed to in writing by the parties hereto, all New Utility Connections shall be made r.1 from utilities located within the Crystal Lake Road right of way and not to utilities located to the North of the Subject Property. 15. Annexation Fees. OWNER shall pay to the CITY the sum of $12,000, representing $1,000 per acre zoned residential upon execution of this Agreement by OWNER and CITY. 16. 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 20 years from the date of execution hereof, and any extended time agreed to by amendment to this agreement. In addition, this Agreement shall be fully executed by all parties within 45 days of City Council approval or it shall be deemed void without any further action by either party. 17. 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. 18. 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 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 Derik Morefield, City Administrator 333 S. Green Street McHenry, IL 60050 OWNER The Chapel Galen Thomas, Executive Director, Support Ministries 1200 American Way Libertyville, IL 60048 ATTORNEY FOR OWNER PLUYMERT, MACDONALD & HARGROVE, LTD. 2300 Barrington Road, Suite 220 .9 Hoffman Estates, Illinois 60195 ATTN: Ronald J. Senechalie 19. 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 a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than 90 days overdue. 20. 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, in courts of the State of Illinois; or 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. 21. Waiver. The failure of the CITY or OWNER 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 or CITY shall continue in full force and effect. 22. SeverabilitV. 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 provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER The 6apel CITY ,L=, e Xr- Kayor Attest: AAC\�Vo V city C n 7 Exhibit A Legal Description of the SUBJECT PROPERTY PARCELI: THAT PART OF LOT I OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT I OF THE NORTHEAST QUARTER OF SECTION 4; THENCE NORTH ON EAST LINE THEREOF FOR A DISTANCE OF 333.30 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTH ON SAID EAST LINE FOR A DISTANCE OF 333.30 FEET TO A POINT, THENCE WEST PARALLEL TO THE SOUTH LINE THEREOF FOR A DISTANCE OF 296.80 FEET TO A POINT; THENCE NORTH 68 DEGREES WEST (DEED COURSE) FOR A DISTANCE OF 549.50 FEET TO A POINT IN THE CENTER LINE OF A PUBLIC HIGHWAY RUNNING IN A NORTHEASTERLY AND A SOUTHWESTERLY DIRECTION AND COMMONLY KNOWN AS THE CRYSTAL LAKE-MCHENRY ROAD; THENCE SOUTHWESTERLY ON THE CENTERLINE OF SAID ROAD FOR A DISTANCE OF 604.87 FEET TO A POINT OF CURVE IN SAID CENTER IN SAID CENTERLINE; THENCE SOUTHWESTERLY ON A CURVE, CONVEX NORTHWESTERLY AND HAVING A RADIUS OF 14,323.60 FEET FOR A DISTANCE OF 144.36 FEET TO A POINT ON A LINE DRAWN 333.30 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOT 1 OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE EAST 1184.80 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: THE WEST 264 FEET OF THE SOUTH 666.60 FEET (EXCEPTING THE SOUTH 333.30 FEET THEREOF) OF GOVERNMENT LOT I OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: THE WEST 264 FEET OF THE SOUTH 666.60 FEET (EXCEPTING THE SOUTH 333.30 FEET THEREOF) OF GOVERNMENT -LOT 1 OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.PINs 14 03 100 027 and 14 04200007 E Exhibit B P&OR QUALITY The Chapel Site Plan FORIMAGING S.