HomeMy WebLinkAbout#5108 Rick & Paula Gall RESOLUTION NO. 5108
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND RICK AND PAULA GALL
WHEREAS, the Canton City Council has determined that it is necessary and in the best
interest of the City of Canton that the attached Pre-Annexation Agreement be approved and
entered into by the City of Canton; and,
WHEREAS,the Canton City Council has made a similar determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
I. That the Canton City Council hereby finds the foregoing recitals to be fact.
2. That the Pre-Annexation Agreement, a copy of which is attached as Exhibit A,
is hereby approved by the Canton City Council and the Mayor and City Clerk are hereby
directed to execute and deliver the same on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois, and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular
meeting this 16th day of May, 2017, upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Chris Jump,Tad Putrich, Craig West,
Angela Hale,John Lovell, Angie Lingenfelter,Justin Nelson
NAYS: None
ABSENT: None
APPROVED: L -.
Kent A. McDowell, M r
Attest
Diana Pavley-Rock, City erk
*******************"i*f***************Y•Y*Yt**********F F t F i***•i i*********4*
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and Rick R. Gall and Paula J. Gall,
husband and wife, their heirs, administrators, executors, assigns and successors in title,
hereinafter collectively referred to as "Landowners", collectively representing that they are all
(100%)of the owners of the following described real property,
WITNESSETH:
WHEREAS, Landowners are the owner of a certain residential lot located in Canton,
Fulton County,Illinois,said lot being more particularly described as follows:
A part of the Northeast Quarter (NE 'A) of Section 20, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois more particularly described as follows and
bearings are for descriptive purposes only; Commencing at an iron rod at the Northwest corner
of said Northeast Quarter(NE Y); thence along the West line of said Northeast Quarter (NE Y.)
katteleat cnn.rh nn° 1T AA" Wear ., d:ernnaa of 1A1 Al fat to the MnrtherI, rinht of maw line of
Fulton County Highway 21; thence along said Northerly right of way line of Fulton County
Highway 21, bearing South 68° 07' 36" East, a distance of 1686.17 feet to an iron rod and the
point of beginning; from the point of beginning thence bearing North 21° 52' 24" East, a
distance of 244.77 feet to an iron rod; thence bearing South 39° 43' 25" East, a distance of
293.39 feet to an iron rod; thence bearing South 38°24' 34" West, a distance of 111.77 feet to an
iron rod on said Northerly right of way of Fulton County Highway 21; thence 61.88 feet along
said Northerly right of way line of Fulton County Highway 21 on curve to the left whose radius
is 1189.17 feet and whose chord bears North 66° 27' 42" West, a distance of 61.87 feet to a
point;thence bearing North 68°07' 36"West, a distance of 161.91 feet to the point of beginning,
containing 1.00 acres, more or less; according to Plat filed for record in the Recorder's Office of
Fulton County, Illinois on and recorded as Slide No. ; all
situated in the County of Fulton, in the State of Illinois.
PIN Number: 09-08-20-200-003
Common Address: 19750 E. County Highway 21, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowners;and,
1
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City; and,
WHEREAS,the City has adopted a policy of not extending city services such as water to
real estate located outside municipal limits of the City of Canton,Illinois;and,
WHEREAS, Landowners desire to annex to the City of Canton in order to obtain said
city services, and particularly water services which are, at the present time, easily extendible to
their real estate;and,
WHEREAS, Landowners are not yet contiguous to the City of Canton and, under the
Statutes of the State of Illinois, could not annex to the City of Canton in order to obtain said
services at the present time; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out, the City and Landowners for themselves, assigns
and successors in title, do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowners to tap said water main
and the City further agrees to furnish water to the real estate for residential purposes only
hereinabove described owned by Landowners once the tap and necessary hookups are
completed.
2. OUT OF TOWN RATE: Landowners agree to pay to the City of Canton double the
amount of prevailing rate inside the City of Canton for water used and consumed by using the
standard charge then prevailing for water in the City of Canton, Illinois, and multiplying that
prevailing charge per unit of water by two.
3. INSTALLATION: Landowners agree to pay any and all installation expense, tap fees
and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of
water as hereinabove set out. Landowners also agree to repair and replace, in substantially as
good a condition as it was prior to any excavation, any existing public or private roadway.
4. ANNEXATION: Particularly in consideration of the foregoing extension of and
furnishings of water service to the lot owned by Landowners hereby covenant and agree for
themselves, their heirs, successors, administrator, executors, assigns and subsequent holders of
title to any part or all of the foregoing described real estate, that within sixty (60) days after
being given written notice by the City of Canton, Illinois, that the real estate, hereinabove
described, has become contiguous to the City of Canton, so that said real estate is capable of
being annexed to the City of Canton under the then existing Illinois State Statutes, Landowners,
individually, and for their successors in title, hereby covenant and agree that they will
immediately cause to be prepared and filed with the City of Canton a petition for annexation for
the parcel or parcels hereinabove described and proceed through normal procedural channels to
have covenants herein made by Landowners for their heirs, successors, executors, administrators,
assigns and successors in title, shall be deemed a covenant which shall run with and bind the real
estate hereinabove described for the term set out in the following paragraph.
2
5. TERM: This agreement, and the covenant, contained in the foregoing paragraph, shall be
deemed a covenant to run with the land as aforesaid and shall continue to be a covenant running
with the land and binding the land and all successors in title until an annexation ordinance is
adopted by the City of Canton, or the successor in interest of the City of Canton, annexing the
above described parcel to the City of Canton. In no event shall the annexation of any part of the
foregoing premises in any way affect or release the covenant on the remaining part of the
premises,which is not annexed,to the City of Canton.
6. DEFAULT: In the event an annexation petition is not filed within the time limited by the
covenant above,the City shall have the following alternatives:
a. The City may file a petition in the Circuit Court of Fulton County, in equity or at
law, for the purpose of enforcing the covenant binding the land hereinabove set
out; or,
b. The City may elect to refuse to furnish or sell further water to Landowners, or
their successors in title who are in violation of the covenant.
7. RATE: In the event the property becomes contiguous and is annexed to the City of
Canton as provided in this agreement, then, and in that event, upon the signature of the Mayor
and City Clerk of the City of Canton upon said annexation ordinance, the "out of town" water
rate, hereinabove provided, shall terminate in its entirety and Landowners, and their successors
in interest, shall be charged the rate from time-to-time prevailing generally throughout the City
of Canton.
8. RELEASE: upon the annexation of the premises herein, or a part thereof, the covenants
running with the land as hereinabove set out shall be deemed released, null and void as to that
portion or all of the real estate actually annexed, upon the filing of the annexation ordinance
and/n..tint of tha annnvwl tnrr t...,With the Rnitnn rnnnt ,Rernrder nrrinrda at nrnvided by the
Illinois Compiled Statutes.
9. RECORDING: The City Clerk, upon the adoption of this agreement or the ratification of
this agreement by the City Council, shall cause this agreement to be recorded with the Recorder
of Deeds of Fulton County, Illinois. Landowners shall reimburse the City for any recording fees
expended therefore by the City.
10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and
successors in title of the parties hereto.
DATED: This 2 day of /11 A ti , 2017.
G?.a
ck R. Gall Paula J. Gall
3
STATE OF ILLINOIS,
) SS.
COUNTY OF FULTON )
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally
appeared Rick R. Gall and Paula J. Gall, personally known to me to be the same persons who
executed the foregoing agreement and that they acknowledged that they executed and delivered
said agreement as their free and voluntary act for the uses anddpurposes therein set forth.
GIVEN under my hand and Notary Seal this 9 day of hiair ,2017.
1 0 pn
OFFICIAL SEAL �( F'17XY-
CAROLE KOHLER Notary Public
NOTARY POStt•STATE OF ILLINOIS 22}
MY COMMISSION EXPIRES:1002/18 i
CwCIITT33Y OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By:
Kent McDowell,Mayor
Attest: i'ir,
Diana avley-Rock,City Clerk
CTATF OF TT T minis
) SS.
COUNTY OF FULTON
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid,
personally appeared Kent McDowell, personally known to me to be the Mayor of the City of
Canton, Illinois and Diana Pavley-Rock, personally known to me to be the City Clerk of the
City of Canton, personally known to me to be the same persons who executed the foregoing
agreement and that they acknowledged that they executed and delivered said agreement as
their free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , 20_
Notary Public
Prepared by and Return To:
CITY OF CANTON
2 N.Main Street
Canton,IL 61520
309-647-0065
4
11113111111111 iiiiiiiiiiiiiiiili ii iiia
1776193
JAMES I. NELSON
COUNTY CLERK & RECORDER
FULTON COUNTY, IL
RECORDED ON
05/24/2017 09:36:21AM
REC FEE: 60.00
PAGES: 4
******************************************************************************
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and Rick R. Gall and Paula J. Gall,
husband and wife, their heirs, administrators, executors, assigns and successors in title,
hereinafter collectively referred to as "Landowners", collectively representing that they are all
(100%)of the owners of the following described real property,
WITNESSETH:
WHEREAS, Landowners are the owner of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being more particularly described as follows:
A part of the Northeast Quarter (NE '/) of Section 20, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois more particularly described as follows and
bearings are for descriptive purposes only; Commencing at an iron rod at the Northwest corner
of said Northeast Quarter (NE '/); thence along the West line of said Northeast Quarter (NE %)
bearing South 00° 37' 04" West, a distance of 257.81 feet, to the Northerly right of way line of
Fulton County Highway 21; thence along said Northerly right of way line of Fulton County
Highway 21, bearing South 68° 07' 36" East, a distance of 1686.17 feet to an iron rod and the
point of beginning; from the point of beginning thence bearing North 21° 52' 24" East, a
distance of 244.77 feet to an iron rod; thence bearing South 39° 43' 25" East, a distance of
293.39 feet to an iron rod; thence bearing South 38° 24' 34" West, a distance of 111.77 feet to an
iron rod on said Northerly right of way of Fulton County Highway 21; thence 61.88 feet along
said Northerly right of way line of Fulton County Highway 21 on curve to the left whose radius
is 1189.17 feet and whose chord bears North 66° 27' 42" West, a distance of 61.87 feet to a
point; thence bearing North 68° 07' 36" West, a distance of 161.91 feet to the point of beginning,
containing 1.00 acres, more or less; according to Plat filed for record in the Recorder's Office of
Fulton County, Illinois on and recorded as Slide No. ; all
situated in the County of Fulton, in the State of Illinois.
PIN Number: 09-08-20-200-003
Common Address: 19750 E. County Highway 21, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowners; and,
1
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City; and,
WHEREAS, the City has adopted a policy of not extending city services such as water to
real estate located outside municipal limits of the City of Canton, Illinois; and,
WHEREAS, Landowners desire to annex to the City of Canton in order to obtain said
city services, and particularly water services which are, at the present time, easily extendible to
their real estate; and,
WHEREAS, Landowners are not yet contiguous to the City of Canton and, under the
Statutes of the State of Illinois, could not annex to the City of Canton in order to obtain said
services at the present time; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out, the City and Landowners for themselves, assigns
and successors in title, do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowners to tap said water main
and the City further agrees to furnish water to the real estate for residential purposes only
hereinabove described owned by Landowners once the tap and necessary hookups are
completed.
2. OUT OF TOWN RATE: Landowners agree to pay to the City of Canton double the
amount of prevailing rate inside the City of Canton for water used and consumed by using the
standard charge then prevailing for water in the City of Canton, Illinois, and multiplying that
prevailing charge per unit of water by two.
3. INSTALLATION: Landowners agree to pay any and all installation expense, tap fees
and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of
water as hereinabove set out. Landowners also agree to repair and replace, in substantially as
good a condition as it was prior to any excavation, any existing public or private roadway.
4. ANNEXATION: Particularly in consideration of the foregoing extension of and
furnishings of water service to the lot owned by Landowners hereby covenant and agree for
themselves, their heirs, successors, administrator, executors, assigns and subsequent holders of
title to any part or all of the foregoing described real estate, that within sixty (60) days after
being given written notice by the City of Canton, Illinois, that the real estate, hereinabove
described, has become contiguous to the City of Canton, so that said real estate is capable of
being annexed to the City of Canton under the then existing Illinois State Statutes, Landowners,
individually, and for their successors in title, hereby covenant and agree that they will
immediately cause to be prepared and filed with the City of Canton a petition for annexation for
the parcel or parcels hereinabove described and proceed through normal procedural channels to
have covenants herein made by Landowners for their heirs, successors, executors, administrators,
assigns and successors in title, shall be deemed a covenant which shall run with and bind the real
estate hereinabove described for the term set out in the following paragraph.
2
5. TERM: This agreement, and the covenant, contained in the foregoing paragraph, shall be
deemed a covenant to run with the land as aforesaid and shall continue to be a covenant running
with the land and binding the land and all successors in title until an annexation ordinance is
adopted by the City of Canton, or the successor in interest of the City of Canton, annexing the
above described parcel to the City of Canton. In no event shall the annexation of any part of the
foregoing premises in any way affect or release the covenant on the remaining part of the
premises,which is not annexed,to the City of Canton.
6. DEFAULT: In the event an annexation petition is not filed within the time limited by the
covenant above, the City shall have the following alternatives:
a. The City may file a petition in the Circuit Court of Fulton County, in equity or at
law, for the purpose of enforcing the covenant binding the land hereinabove set
out;or,
b. The City may elect to refuse to furnish or sell further water to Landowners, or
their successors in title who are in violation of the covenant.
7. RATE: In the event the property becomes contiguous and is annexed to the City of
Canton as provided in this agreement, then, and in that event, upon the signature of the Mayor
and City Clerk of the City of Canton upon said annexation ordinance, the "out of town" water
rate, hereinabove provided, shall terminate in its entirety and Landowners, and their successors
in interest, shall be charged the rate from time-to-time prevailing generally throughout the City
of Canton.
8. RELEASE: upon the annexation of the premises herein, or a part thereof, the covenants
running with the land as hereinabove set out shall be deemed released, null and void as to that
portion or all of the real estate actually annexed, upon the filing of the annexation ordinance
and/or plat of the annexed territory with the Fulton County Recorder of Deeds as provided by the
Illinois Compiled Statutes.
9. RECORDING: The City Clerk,upon the adoption of this agreement or the ratification of
this agreement by the City Council, shall cause this agreement to be recorded with the Recorder
of Deeds of Fulton County, Illinois. Landowners shall reimburse the City for any recording fees
expended therefore by the City.
10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and
successors in title of the parties hereto.
DATED: This Z day of /7 A t1 , 2017.
ede
Rick R. Gall Paula J. Gall
3
STATE OF ILLINOIS,
) SS.
COUNTY OF FULTON )
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally
appeared Rick R. Gall and Paula J. Gall, personally known to me to be the same persons who
executed the foregoing agreement and that they acknowledged that they executed and delivered
said agreement as their free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this 2 day of /gat , 2017.
IAL
OFFICSEAL 0 4
CAROL E KOHLER Notary ¢. Q/i.
Public
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPRES:002/M
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation, ,,QSS
nt McDowell, Ma
Attest: d�
Diana avley-Rock, City Clerk
STATE OF ILLINOIS,
) SS.
COUNTY OF FULTON
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid,
personally appeared Kent McDowell, personally known to me to be the Mayor of the City of
Canton, Illinois and Diana Pavley-Rock, personally known to me to be the City Clerk of the
City of Canton, personally known to me to be the same persons who executed the foregoing
agreement and that they acknowledged that they executed and delivered said agreement as
their free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this � day of , 20/7.
Notary Public
Prepared by and Return To: OFFICIAL SEAL
CITY OF CANTON CARO.E KOHLER
2 N. Main Street NOTARY PUBLIC-STATE OF ILLWOIS
Canton, IL 61520 MY COMMISSION EXPIP'S'10I07118
309-647-0065
4