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HomeMy WebLinkAboutOrdinances - O-94-656 - 05/09/1994 - AUTHORIZE ANNEX AGMT HAYSTACKS MANOR6/6ryaF ORDINANCE NO. 0_94-656 cc AN ORDINANCE APPROVING THE ANNEXATION AGREEMENT AND AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR HAYSTACKS MANOR BE IT ORDAINED by the City Council of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: That the Mayor be, and is hereby authorized and directed to execute, and the Clerk is authorized and direct to attest, duplicate original copies of an Annexation Agreement by and between the City of McHenry and David A. Kruk, a copy of which is attached hereto and made a part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Bolger, Locke, Baird, Lawson, Bates, Cuda Voting Nay: None Absent: None Abstain: None APPROVED: (SEAL) Mayor Steven J. Cuda ATTJ 1 City Clerk, P mala J. AI ff Passed: May 9. 1994 Approved: May 9, 1994 Published: May 10, 1994 F:U{ARYN1Z0NI4GIKRUK\KRUK.0AG 94-45-0064 3.5 Draft 8 - 6/6/94f 3 4 HAYSTACKS MANOR 5 ANNEXATION AGREEMENT 6 7 THIS AGREEMENT made and entered into this Cl day of W , 8 1994, by and between the CITY OF McHENRY, "City," a Municipal Corporation, in the 9 County of McHenry, State of Illinois, and DAVID A. KRUK, hereinafter referred to as 10 "Owner". 11 Recitals 12 A. The Owner holds fee simple title to the parcel of real estate legally described on 13 Exhibit "A" attached hereto and made part of this Agreement by reference, containing 14 approximately 4 acres, hereinafter referred to as the "Property". 15 B. Owner filed with the City Clerk a Petition for Annexation of the Property to the 16 City, conditioned upon the terms and provisions of this Agreement, which Petition has been filed 17 in accordance with 65 ILCS 5/7-1-8 and the Ordinance of the City. 18 C. The Property is located on the South side of Bull Valley Road, approximately 19 1,000 feet West of the intersection of Bull Valley Road and Crystal Lake Road in the 20 unincorporated portion of McHenry County adjoining and contiguous to the City. 21 D. The property is presently improved and has no electors residing thereon. 22 E. The Property is presently zoned "A-1" Agricultural under the McHenry County 23 Zoning Ordinance. 24 F. Owners have filed with the City Clerk a Plat of Annexation of the Property, which 25 Plat is attached hereto as Exhibit "B" . 26 G. The Property constitutes territory which is contiguous to and may be annexed to 27 the City as provided in 65 ILCS 5/7-1-1, et seq. Annexation Agreement, Page 1 3.6 94-45-0065 1 H. The Owner desires to have the Property annexed to the City upon the terms and 2 conditions provided herein and the City, after due and careful consideration, has concluded that 3 the annexation of the Property to the City under the terms and conditions hereinafter set forth 4 will further the growth of the City, enable the City to control the development for the area and 5 serve the best interests of the City. 6 I. Pursuant to 65 ILCS 5/11-15.1-1, et seq., a proposed annexation agreement was 7 submitted to the City, and a public hearing was held thereon. 8 J. The City does not furnish fire protection or library services. Portions of Bull 9 Valley Road, abutting the Property to the North are currently under Nunda Township jurisdiction 10 and notice, pursuant to 65 ILCS 7-1-1, has been provided. 11 NOW, THEREFORE, in consideration of the covenants and conditions herein contained, 12 IT IS HEREBY AGREED AS FOLLOWS: 13 TITLE I 14 OBLIGATIONS OF THE CITY 15 I. ANNEXATION. 16 The City shall enact the proper ordinance annexing the Property and attach Exhibit "B" 17 (the Plat of Annexation) to said ordinance. The ordinance shall be effective immediately upon 18 its passage. A copy of said ordinance shall be filed in the Office of the County Clerk of 19 McHenry County and recorded in the McHenry County Recorder of Deed's Office. This 20 Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void 21 and of no force and effect unless the Property is zoned and classified as provided in this Annexation Agreement, Page 2 3.6 94-45--0066 1 Agreement by the adoption of ordinances by the City contemporaneously with the execution of 2 this Agreement. 3 II. ZONING and DEVELOPMENT. 4 Upon annexation, the Property shall be zoned "E" Estate District, with a Variation to 5 allow the operation of a restaurant on the property subject to the following terms and conditions. 6 Each of the following conditions shall be deemed material to this agreement and breech by 7 owner of one or more of the following conditions shall constitute grounds for revocation of the 8 use variation granted herein: 9 A) Plans and Specifications: The property shall be developed in substantial 10 compliance, as determined by the City, with the preliminary plans and 11 specifications attached hereto marked Group Exhibit "C" and by this reference 12 made a part hereof. Said Preliminary Plans and Specifications being prepared by 13 James F. Gainnini & Associates, Inc., (Engineers and Architects) being as 14 follows: 15 16 1) Preliminary Site Plan Revision Date 12/28/93 17 2) Main Floor Plan 18 3) East Elevation 19 4) West Elevation 20 21 The preliminary plans and specifications will be adjusted and modified from time 22 to time at the direction of the city to meet all applicable City Code regulations 23 including parking, building, fire, etc. The apartment at the basement level shall 24 be allowed so long as all applicable code regulations are met, said apartment shall 25 be restricted to owner occupied. No building additions exceeding 15% of the 26 combined existing and proposed building will be allowed without City Council 27 approval. 28 29 B) Liquor License: Subject to the applicant properly qualifying for a liquor license 30 pursuant to the City's Liquor Control Ordinance, the owner will be allowed a 31 liquor license allowing the serving of alcoholic beverage for consumption on the 32 premises. There will be no sales of packaged liquor and no live entertainment 33 except as approved by the City Council. 34 Annexation Agreement, Page 3 3.6 94-45-0067, C) Parking Requirements: All City Code parking requirements shall be met and there is adequate screening by the existing trees North of the proposed parking area, as determined by the City. D) The Owner agrees to save as many existing trees as possible. Attached hereto marked Exhibit "D" is a tree inventory depicting all trees with a 6" diameter measured at a height of 54" from the base of the tree which will not be removed in connection with the construction of the improvements on the premises. The Owner agrees not to remove any of the trees listed on the tree inventory without prior authorization from the City Department of Building & Zoning. E) In the event the property to the East West or South of the subject property is ever zoned residential, the Owner will comply with the City's screening requirements for commercial zoning districts, within 6 months. F) Ingress and Egress off of Bull Valley Road: The Owner has agreed to vacate the existing entrance road off of Bull Valley Road and put in a new entrance to be realigned at an approximate location lining up with the section line to the West, as depicted on Exhibit "C" . The realigned ingress and egress road will be installed in accordance with the recommendations of the City Staff as approved by the City Council, including the location and an appropriate deacceleration lane if the City deems one to be necessary. All costs of these improvement shall be paid by the owners G) Si na e: The signage on the property will be limited to the sign specifications shown on Exhibit "E" attached hereto and by this reference made a part hereof. H) Water: The premises will be served by municipal water. The Owner will provide for the installation of said water in compliance with City requirements. All private wells shall be abandoned. I) Sewer: The premises will be served with municipal sewer. The Owner will provide for the installation of a temporary grinder pump and a four -inch main to the manhole on the Northwesterly corner of the Amoco M-1 Subdivision. The Owner will execute a maintenance agreement with the City, to be a covenant running with the land, providing for the Owner to be responsible for all maintenance and repair of the Temporary grinder pump and main to the manhole. The form of the maintenance agreement shall be as approved by the City Attorney. In the event municipal sewer becomes available adjacent to the subject premises allowing a gravity connection from the subject premises, the Owner agrees to connect to said municipal sewer, upon notice by the City. Upon such connection to public sewer, the above -described sewer maintenance agreement will be terminated, and the temporary sewer line and grinder pump properly abandoned as approved by the City. Should the future installation of the Annexation Agreement, Page 4 3.6 94-46-0068 1 sewer main adjacent to the subject premises involve a recapture or contribution 2 from benefited properties, the Owner agrees to pay his prorata share of such 3 contribution so long as said amount does not exceed $10,000. Since the Owner 4 will have already paid a sewer capital development fee, the Owner will not be 5 required to pay a second one at the time of such connection, however, he will 6 pay for the customary inspection charges. 7 8 J) Public Improvement Guarantees: Public improvements to be constructed by the 9 Owner in connection with the development of the property shall be free from 10 defects in the quality of the materials and workmanship. To secure this 11 obligation, the Owner shall file with the City, a Letter of Credit in the amount 12 that would be required for such in accordance with the City's Subdivision Control 13 Ordinance and on a form drawn upon a lending institution approved by the City 14 or other security acceptable to the City. 15 16 (K) Compliance with City Codes: Owners shall comply with all city 17 Ordinances and Building Codes. 18 19 III. OBLIGATIONS OF THE OWNER. 20 A. RETAINED PERSONNEL FEES. Owner will comply with the terms and 21 conditions of the City's Retained Personnel Ordinance. 22 B. OTHER FEES and COSTS. Since the primary use of the property is the 23 conversion of a large residence into a commercial restaurant and the current existing single 24 family residential use is being reduced to an apartment substantially smaller than the current 25 existing residence, no school, park or library donations shall be required and no annexation fees 26 shall be charged by the City. 27 C. FIRE PROTECTION. The Owner agrees to pay the Fire Protection District an 28 impact fee of $212.00. 29 D. AMOCO SEWER RECAPTURE FEES. The Owner agrees to pay the Amoco 30 sewer recapture fee of $942.07 with interest, if any interest is due, pursuant to the Amoco Annexation Agreement, Page 5 3.6 94-45-0069 1 Recapture Agreement. The Owner will not be required to pay this fee again should he sometime 2 in the future connect to a sewer main adjacent to the Owner's property. 3 TITLE III 4 RECIPROCAL OBLIGATIONS 5 IV. COMPLIANCE AND AMENDMENTS. 6 A. More Restrictive Requirements 7 Except as otherwise specified herein, all City ordinances shall apply to the 8 Property Owner and all successors and assigns in title. If, during the terms of this Agreement, 9 the provisions of the existing ordinances and regulations which may relate to the development, Annexation Agreement, Page 6 3.6 94-45-0070 1 subdivision, construction of improvements, buildings, appurtenances and all other development 2 of any kind and character of the Property, are amended or modified in any manner so as to 3 impose more stringent requirements in the development, subdivision or construction referred to 4 therein, such increased requirements shall, unless otherwise excepted herein, be effective as 5 applied tot he Property so long as such amendments or modifications are non-discriminatory in 6 their application and effect throughout the City (excepting those developments in the City having 7 annexation agreements -- past, present, or future -- providing otherwise). 8 B. Less Restrictive Requirements. 9 If, during the term of this Agreement, except as otherwise specifically agreed 10 upon in this Agreement, any existing, amended, modified or new ordinances, codes or 11 regulations affecting the zoning, subdivision, development, construction of improvements, 12 buildings or appurtenances, to any other development of any kind or character upon the 13 Property, are amended or modified in a manner to impose less restrictive requirements on 14 development of, or construction upon, properties in similarly zoned or developed parcels within 15 the City, then the benefit of such less restrictive requirements shall inure to the benefit of the 16 Developer and, the Developer may elect to proceed with respect to the development of, or 17 construction upon, the Property with the less restrictive amendment or modification applicable 18 generally to all properties within the City. 19 TITLE IV 20 MISCELLANEOUS 21 V. PARTIAL INVALIDITY OF AGREEMENT. Annexation Agreement, Page 7 3.6 94-45-0071 1 A. If any provision of this Agreement (except those provisions relating to the 2 requested rezoning of the Property identified herein and the ordinances adopted in connection 3 therewith), or its application to any person, entity or property is held invalid, such provision 4 shall be deemed to be excised here from and the invalidity thereof shall not affect the application 5 or validity of any other terms, conditions and provisions of this Agreement and, to that end, any 6 terms, conditions and provisions of this Agreement are declared to be severable. 7 B. If, for any reason during the terms of this Agreement, any approval or permission 8 granted hereunder regarding plans or zoning are declared invalid, the City agrees to take 9 whatever action is necessary to reconfirm such plans and zoning ordinances to effectuating the 10 zoning and plans proposed herein. 11 VI. BINDING EFFECT AND TERM 12 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their 13 successors and assigns including, but not limited to, successor owners of record, successor 14 developers, lessees and successor lessees, and upon any successor municipal authority of the 15 City and successor municipalities for a period of 10 years from the later of the date of the 16 execution hereof. 17 VII. NOTICES AND REMEDIES. 18 A. Upon a breach of this Agreement, any of the parties in any court of competent 19 jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available 20 at law or equity. The remedies of the City shall include, but not be limited to, the right to stop 21 construction of the development in the event the City deems the terms of this Agreement have 22 been violated. Annexation Agreement, Page 8 3.6 94-45-0072 1 B. Before any failure of any party to this Agreement to perform its obligations under 2 this Agreement shall be deemed to be a breach of this Agreement, the party claiming such 3 failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to 4 have failed to perform and performance shall be demanded. 5 C. In the event the City choose to sue in order to enforce the obligations hereunder, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Owner shall pay all costs and expenses incurred by the City, including, but not limited to, attorney's fees and court costs, provided the City substantially prevails. In addition, if the Owner does not pay any fees provided for herein, the City may withhold the issuance of building permits until payment is received. City may use any remedies available to it to collect such fees and charges as are due. D. Notice shall be provided at the following addresses: City: City of McHenry 333 South Green Street McHenry, Illinois 60050 Copies to: City Attorney David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 Owner: David A. Kruk 5603 W. Bull Valley Road McHenry, Illinois 60050 Copy to: Samuel J. Diamond Diamond, LeSueur & Roth, P.C. 3431 West Elm Street McHenry, Illinois 60050 VIII. WAIVER. Annexation Agreement, Page 9 3.6 94-45-0073 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 wavier of future strict performance of any such term, covenant or condition and the obligations of the Owners shall continue in full force and effect. IX. AMENDMENT. This Agreement may only be amended by written instrument executed by all parties hereto. X. VENUE. In the event any legal action arising out of this Agreement is instituted by the parties hereto, the venue for such action shall be restricted to the Circuit Court of the 19th Judicial Circuit, McHenry County and no action shall be brought by the parties hereto, their successors or assigns in any Federal Court. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. OWNER: David A. Kruk AQ-,,c,� A DAVID A. KRUK CITY: ZCITYF McHENRY ity Mayor Atte City Clerk Annexation Agreement, Page 10 3.6 94-45-0074 STATE OF ILLINOIS ) ) SS COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFIED that STEVEN J. CUDA and PAMELA J. ALTHOFF, personally know to me to be MAYOR and CITY CLERK, respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in persona and severally acknowledged that they signed and delivered said instrument as such MAYOR and CITY CLERK of said City and caused the City Seal of said City to be affixed thereto pursuant to the authority given by the Mayor and City Council of said City as their free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth. 1994. Given under my hand and notary seal this "OFFICIAL SEAL" JOAN MARTH Notary Public, State of Illinois My Commision Expires 12/17/94 6'"74- NA z Notary Public I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFIED that DAVID A. KRUK, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his free and voluntary act. Given under my hand and notary seal this A9 4�1 day of J4W , 1994. F AKARY N\ZONQJGUCRUK ANX iYIV R h Annexation Agreement, Page 11 ,,. Public 3.6 94-45-0075 ANNEXATION AGREEMENT EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER That part of the Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter; thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line 424.0 feet; thence East at right angles to the last described line, 377.29 feet, thence Northerly at an angle of 90 degrees 14 minutes 27 seconds measured clockwise from the last described course, 170.06 feet: thence Northeasterly at an angle of 11 degrees, 15 minutes, 33 seconds measured clockwise from the last described course, 256.0 feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet to the place beginning, (except that part described as follows: Beginning at the Northeast corner of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line, 337.60 feet, thence East at right angles to the last described line, 200 feet thence Northeasterly at an angle of 58 degrees 30 minutes measured counterclockwise from the last described line, 125.0 feet, thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quarter, thence West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois. Tax I.D. No. 14-04-400-008 (2.77 Acres) " That part of Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line 337.60 feet, thence East at right angles to the last described line, 200.0 feet, thence Northeasterly at an angle of 58 degrees 30 minutes measured counter clockwise from the last described line of 125.0 feet, thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois. Tax I.D. 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T1icJ OT frp7w71+:0`l•r 0 ...r•I Z � � LhJc � Pti 194.85t �'Cc.rn.r �sv•l., .r sac �+ 234.20� 90. EUL L S%Jllq a. =cc 4• AO O J COS s c'r-Fari-.S 1n2cK NO.i if-o{•-�o-cod VALLIEY— ROAD .4 _,......, ..., L� C1:^(11 �1119 OF MCMf I:cq Arcc J 3.5 i ccrcS 3% % 290 13 c c 4r 20. prep—r.i I.,: Conway Survaylnp• 1213 N. Riverside Drive McHerry, Illk s (815) 3 85-212 4 94-45-0077 114; fill, ANNEXATION AGREEMENT EXHIBIT "C" (1 1 < SITE PLAN AJ < q IL •1IIIIIIIIl I I Y I Q J 7t t III I; ;, f::=l / '� ! ; ':' If 94-45-0078 ANNEXATION AGREEMENT EXHIBIT "C" (2) MAIN FLOOR PLAN 117U 177 34 C -b cOD L C.1 7-7- T;W :-Ti el 94- % -zn 0 V. % R. I I 16 94-45)-0080 ANNtAA11UN AbKttMtN1 EXHIBIT C (4) 19 94-4-b-0081 E OJ W u S- ro <c - 0 c S.- 0 C:) Tm , X N c C 0 4-) X X LLJ LLJ 1p M! - - ,9 42�,� - / 94 -45 -0082 di i7) ITI '�` .\ . 94-45-0083