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Home My WebLink About#5085 Pre-Annexation SRC RESOLUTION NO. 5085 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND THE SPOON RIVER COLLEGE FOUNDATION. 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: 1. 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 21st day of March, 2017, upon a roll call vote as follows: AYES: Aldermen Justin Nelson, Gerald Ellis,John Lovell,Angela Hale, Craig West,Tad Putrich, Ryan Mayhew NAYS: None ABSENT: None APPROVED: <lei Jeffrey F tz yor Atte � r /7U_ � Di: Ara-1'17. i` ity -rk • 11111111#11111111111111EIN * 1 7 7 6 1 9 2 4 * 1776192 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 the SPOON RIVER COLLEGE FOUNDATION, its administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner", collectively representing that it is all (100%) of the owners of the following described real property, WITNESSETH: WHEREAS, Landowner is 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 southeast Quarter of Section 5, Township 6 North, Range 4 East of the 4th Principal Meridian, Fulton County, Illinois,described as follows: Commencing at an iron marker at the Southwest corner of the Southeast Quarter of Section 5, Township 6 North, Range 4 East of the 4th Principal Meridian, Fulton County, Illinois, and run North 00°37'11" East along the West line of said Southeast Quarter, 1,355.21 feet; thence South 89°22'49" East, 68.78 feet to an iron marker and the point of beginning; thence North 00°05'19" East, 498.15 feet to an iron marker; thence North 82°10'01" East, 439.98 feet to an iron marker; thence South 00°28'07" East, 504.39 feet to an iron marker; thence South 83°02'55" West, 444.04 feet to the point of beginning and containing 5.05 acres,more or less. Also, a 50-foot wide ingress and egress easement to serve the above described tract, the centerline described as commencing on the West line of the above described tract 101 feet South of the Northwest corner of said tract and running Westerly to the West line of said Southeast Quarter of Section 5. PIN Number: 14-14-05-400-001 Common Address: 23235 N.County 22 Hwy., Canton, Illinois WHEREAS, there is an existing water main located adjacent and contiguous to the real estate owned by Landowner; 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, Landowner desires 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 its real estate;and, WHEREAS, Landowner is 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 Landowner for itself, assigns and successors in title,do hereby agree as follows: I. CITY'S WATER: The City hereby agrees to allow Landowner 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 Landowner once the tap and necessary hookups are completed. 2. OUT OF TOWN RATE: Landowner agrees 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: Landowner agrees 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. Landowner also agrees 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 Landowner hereby covenants and agrees for itself, its 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, Landowner, individually, and for its successors in title, hereby covenants and agrees that it 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 Landowner 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 Landowner, or its 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 Landowner, and its successors in interest, shall be charged the rate from time-to-time prevailing generally throughout the City of Canton. S. 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. Landowner 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. C1 DATED: This day of 1444-17 , ; 17. Landowner 3 STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON ) BEFPQRE me this pliay, a Public, in and for the County in the State aforesaid, appeared sr bra cP, C Pett g1 , personally known to me to be the same person who executed the foregoing agreement and that he/she acknowledged that he/she executed and delivered said agreement as his/her free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notary Seal this `J day of 6 Mai/ ,2017. • ! I h . at _ - n. Amillik. o rt. ringf. KASI C TERPENING_ Notary Public -State of Illinois CITY OF •' °'t '';41siniNialS§alallkealls Municipal -7Corporatlon,' By:44- 11. VVw1 ' ' JW�//� / / Kent A.McDo uMayor Attest: .`/t . Dana Pay ey-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 A. 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. :._l . 4... .•• Notary Public Prepared by and Return To: CITY OF CANTON 2 N. Main Street OFFICIAL SEAL Canton, IL 61520 CAROL KOHLER 309-647-0065 NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10/02Iib 4