HomeMy WebLinkAbout#5121 - pre-annexation with Todd Johnson RESOLUTION NO. 5121
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND TODD JOHNSON.
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 17th day of October, 2017, upon a roll call vote as follows:
AYES: Aldermen Justin Nelson,Angeila Lingenfelter, Tad Putrich, Craig
West,John Lovell, Chris Jump,Ryan Mayhew
NAYS: None
ABSENT: Alderwoman Angie Hale
APPROVED ..Vj„ Y"
-nt • . McDo�7 ayor
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Attestsi 4
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Diana nriey-'oo :City Clerk
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PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and TODD JOHNSON, his heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that he 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 Northeast Quarter of Section 32, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, more particularly describes as follows, and
bearing are for descriptive purposes only:
Commencing at the southwest Corner of said Northeast Quarter of said Section 32;
thence along the West line of said Northeast Quarter bearing North 01 degrees 43 minutes 36
seconds East, 1636.03 feet; thence leaving said West line bearing South 88 degrees 16 minutes
24 seconds East, 236.62 feet to a set 5/8" rod, said rod being on the Southeasterly Right-of-Way
line of Enterprise Drive, said rod also being the Point of Beginning of Tract#1 to be described:
From said Point of Beginning; thence continuing along said Southeasterly Right-of-Way
line bearing North 56 degrees 55 minutes 10 seconds East, 258.49 feet to a set 5/8" rod; thence
leaving said Southeasterly Right-of-Way line bearing South 70 degrees 04 minutes 36 seconds
East, 564.21 feet; thence bearing South 39 degrees 44 minutes 53 seconds West, 301.77 feet;
thence bearing North 89 degrees 47 minutes 52 seconds West, 568.49 feet; thence bearing North
01 degree 09 minutes 02 seconds East, 253.21 feet to said Point of Beginning; consisting of
5,000 acres, more or less, and subject to any easements and right-of-way of record.
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PIN Number: 09-08-32-200-017
Common Address: 549 Enterprise Drive, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner; and,
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
their 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 himself, assigns and
successors in title, do hereby agree as follows:
1. 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
himself, his 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
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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 his successors in title, hereby covenant and agree that he 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 his 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.
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 his
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 his 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. 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.
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DATED: This day of ,2017.
Todd Johnson
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 Todd Johnson, 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 day of , 2017.
Notary Public
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By:
Kent A. McDowell, Mayor
Attest:
Diana Pavley-Rock, City Clerk
STATE OF ILLINOIS,
) SS.
COUNTY OF FULTON )
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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 .
Notary Public
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
5
11111111111111111 MINIMMI nil HAI
1778282
JAMES I. NELSON
COUNTY CLERK Sr RECORDER
FULTON COUNTY, IL
RECORDED ON
10/23/2017 09:07:09AM
REC FEE: 67.00
PAGES: 5
******44*********************4************************4rt4*4t44Y4**************
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and TODD JOHNSON, his heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that he 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 Northeast Quarter of Section 32, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, more particularly describes as follows, and
bearing are for descriptive purposes only:
Commencing at the southwest Corner of said Northeast Quarter of said Section 32;
thence along the West line of said Northeast Quarter bearing North 01 degrees 43 minutes 36
seconds East, 1636.03 feet; thence leaving said West line bearing South 88 degrees 16 minutes
24 seconds East, 236.62 feet to a set 5/8" rod, said rod being on the Southeasterly Right-of-Way
line of Enterprise Drive, said rod also being the Point of Beginning of Tract#1 to be described:
From said Point of Beginning; thence continuing along said Southeasterly Right-of-Way
line bearing North 56 degrees 55 minutes 10 seconds East, 258.49 feet to a set 5/8" rod; thence
leaving said Southeasterly Right-of-Way line bearing South 70 degrees 04 minutes 36 seconds
East, 564.21 feet; thence bearing South 39 degrees 44 minutes 53 seconds West, 301.77 feet;
thence bearing North 89 degrees 47 minutes 52 seconds West, 568.49 feet; thence bearing North
01 degree 09 minutes 02 seconds East, 253.21 feet to said Point of Beginning; consisting of
5,000 acres,more or less, and subject to any easements and right-of-way of record.
1
PIN Number: 09-08-32-200-017
Common Address: 549 Enterprise Drive, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner; and,
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
their 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 himself, assigns and
successors in title,do hereby agree as follows:
1. 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
himself, his 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
2
the City of Canton under the then existing Illinois State Statutes, Landowner, individually, and
for his successors in title, hereby covenant and agree that he 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 his 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.
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 his
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 his 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. 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.
3
DATED: This .2 day of October , 2017.46fijon
Todd Jo
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 Todd Johnson, 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 c,— day o(f/�/,�Oril (f1ap,4— , 2017., �
OFFICIAL SEAL `�"" a. ' '" ' O'�
CAROL E KOHLER Notary Public
NOTARY PUBLIC-STATE OP ILLINOIS
MY COMMISSION DARES:002M
OF CANTON, ILLINOIS, an Illinois
Municipal Corporatithor
n,
By: e
Attest: aS
if
i"Ir a*T 'ock, 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
4
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 ftherein set forth.
GIVEN under my hand and Notarial Seal this a 5 day of ,(�°pt r5� , 20 1 7.
/Tx'otary Public
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
CAROL E KOHLER
Canton, IL 61520
` NOTARY PUBLIC-STATE OF tLwOl3
309-647-0065 MY COMMISSION EXPIRES:10/02/18
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