HomeMy WebLinkAbout#5180 Michael and Nola Vaughn Pre-Annexation RESOLUTION NO. 5180
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND MICHAEL T. AND NOLA D. VAUGHN FOR 24315 E. CO.
HWY. 27.
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 5TH day of Much 2019, upon a roll call vote as follows:
AYES: Aldermen Quin Mayhew,Angela Lingenfelter,Tad Putrich,Angela
Hale, Craig West,John Lovell,Justin Nelson,Ryan Mayhew
NAYS: None
ABSENT: None
)'�QyAPPROVED:
McDowcIL,Y4ayor
Attest:
Dian c , 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 Michael T. Vaughn and Nola D.
Vaughn, 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 Southwest Quarter of Section 30, Township 7 North, Range 5 East of the fourth
Principal meridian, situated in the County of Fulton,in the State of Illinois, described as follows:
Starting at the Northwest corner of said Southwest Quarter, thence South along the West line of
said Quarter Section a distance of 1600.6 feet to the South right of way line of State Aid Route 5,
thence East along the right of way line a distance of 1420 feet for an actual place of beginning,
thence South 115 feet, thence East 100 feet, thence North 115 feet, thence West 100 feet along
the right of way line to the point of beginning.
PIN Number: 10-09-30-302-003
Common Address: 24315 E. County Hwy. 27,Canton, Illinois 61520
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowners; and,
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City;and,
1
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.
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
2
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 day of 12019.
Michael T.V glrn Nola D. Vaughn
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
3
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally
appeared MICHAEL T. VAUGHN and NOLA D. VAUGHN, 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 ;1,J�2019.
CAROLEKOHLER '� C.AJ-( 4: IA rI—�1.F�i
NorAnrPueLlc-srArEOFauNols Notary Public
NIY COMMSSION EXPIRES:tOp7rLI
CITY OF CANTON,ILLINOIS,an Illinois
Municipal Corporation,
By:_
M
- /Kent cDowel , ycr
Attest:
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 Pavely-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 oft, u K t c 12019.
OFFICIAL SEAL
CAROLE KOHLER
FNOTARY PUBLIC STATE OF ILLINOIS
WCOWSSIONEXPIRES.1011020 Notary Public
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
4
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Tx:4004833
1984647
LAMES I. NELSON
COUNTY CLERK&RECORDER
FULTON COUNTY.IL
RECORDED ON
D3/11/201911:43 AM
RECORDING FEE 67.00
FAGES:4
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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 Michael T. Vaughn and Nola D.
Vaughn 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 Southwest Quarter of Section 30, Township 7 North, Range 5 East of the fourth
Principal meridian, situated in the County of Fulton, in the State of Illinois, described as follows:
Starting at the Northwest corner of said Southwest Quarter, thence South along the West line of
said Quarter Section a distance of 1600.6 feet to the South right of way line of State Aid Route 5,
thence East along the right of way line a distance of 1420 feet for an actual place of beginning,
thence South 115 feet, thence East 100 feet, thence North 115 feet, thence West 100 feet along
the right of way line to the point of beginning.
PIN Number: 10-09-30-302-003
Common Address: 24315 E. County Hwy. 27, Canton, Illinois 61520
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowners; and,
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City; and,
1
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.
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
2
1
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 day of 2019.
Michael T. Vdfighn Nola D. Vaughn
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
3
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally
appeared MICHAEL T. VAUGHN and NOLA D. VAUGHN, 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 AL day of J0,6ru 2019.
mo
RluwolsNotary Public
S'.10UZR2
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By: " �k�K
lr
/Kent MdDoweINWyor
Attest:
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 Pavely-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 2019.
M
LEROF ILLINOISS:100122 Notary Public
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
4