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HomeMy WebLinkAboutResolution # 3829 - pre-annexation agreement with david & cindy daxenbichlerRESOLUTION NO. 3329 A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND DAVID AND CINDY DAXENBICHLER. 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 ~n~ day of nctnber , 2007, upon a roll call vote as follows: AYES: Aldermen Lewis, Strandberg, Meade, Nidiffer, ~~lest, Sarff, Berardi, Schenck, NAYS: None . ABSENT: None, APPROVED: Attest: (~ Nancy White ,City Clerk PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and DAVID AND CINDY DAXENBICHLER, husband and wife, their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners", collectively representing that he is 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 Out-Lot B in Bar-Mac Subdivision of a part of the North Half of Section Fifteen (IS), Township Seven (7) North, Range Four (4) East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois, described as follows: Beginning at a point 91 feet East of the Southwest corner of the North Half of the Northeast Quarter of Section I5, aforesaid, running thence East 400 feet, thence South 6° 35' West to a point 65 feet Northeasterly of the Northeast corner of Lot 16 in said Bar-Mac Addition, thence in a Northwesterly direction 60 feet to a point 75 feet Northeasterly of a Northwest corner of said Lot 16, thence Southerly 75 feet to the Northwest corner of said Lot 16, thence in a Northwesterly direction along the South lines of Lots 15 and 14 of said Addition to the Northwest corner of said Lot 14; thence Northwesterly 270 feet, more or less, to the point of beginning. Part of Lot Six (6) of a subdivision of the North Half of the Northeast Quarter of Section Fifteen (15), Township Seven (7) North, Range Four (4) East of the Fourth Principal Meridian, in Fulton County, Illinois, according to the plat thereof recorded March 30, 1917, in Plat Book 3, Page 1, as Document No. 200738, described as follows: Beginning at a point 91 feet East of the Southwest corner of the North Half of the Northeast Quarter of said Section 15; thence West 91 feet to said Southwest Corner, thence North 85.6 feet to an iron pin; thence North 87° 59'East, 657.95 feet on a line running through the outlet and inlet of a pond to a point on the West right-of--way of Illinois Route 78; thence South along said right-of--way 110.00 feet, more or less, to an iron pin; thence West 150 feet to an iron pin; thence continuing West 400 feet to the point of beginning; EXCEPTING therefrom that part thereof described in that Warranty Deed (Non-Freeway) to People of the State of Illinois Department of Transportation as described in that document dated October25,2005 and recorded December 9,2005, as Document 0501689, of the Land Records of Fulton County, Illinois: Commencing at the Northwest corner of the Northeast Quarter of Section I5, thence North 89° 11' 06" East along the North line of the Northeast Quarter of Section 15, 1166.71feet to a point on the center line of FAP 22 (IL78); thence along a curve along the center line concave to the Southeast, having a radius of 3450.57 feet, arc length of 583.55 feet, a long chord of 582.86 feet bearing South 18° 42' S7" West to a point on said center line; thence South 23° 33' 38" West, 469.16 feet to a point on said center line; thence along a curve along said center line concave to the Northwest, having a radius of 3000.10 feet, arc length of 285.23 feet, a long chord of 285.13 feet bearing South 20° 50' 13" West to a point on said center line; thence North 71° 53' 25" West, 75.04 feet to a point 75.04 feet radially distant Westerly of said center line, said point being on the Westerly existing right-of--way of said center line and the point of beginning; From the point of beginning, thence South 09° 14' 08" West along said Westerly right-of--way line 21.49 feet to a point 71.80 feet radially distant Westerly of said center line; thence North 72° 16' S8" West, 31.20 feet to a point 103.00 feet radially distant Westerly of said center line; thence North 10° 24' 12" East, 10.42 feet to a point 104.34 feet radially distant Westerly of said center line; thence North 87° 18'53" East, 31.32 feet to the point of beginning. Common Address: 2074 North Main Street, Canton, Illinois 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, 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. DOUBLE 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 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 "double" 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 , 2007. David Daxenbichler, Landowner Cindy Daxenbichler, Landowner 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 David and Cindy Daxenbichler, 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 , 2007. Notary Public CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: Rodney W. Heinze, Mayor Attest: Nancy Whites, 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 Rodney W. Heinze, personally known to me to be the Mayor of the City of Canton, Illinois and Nancy Whites, 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 ,, ~ ;+ 07 1 ~~i36 JA?fES I. NELSON COUNTY CLERK 8 REGORDER FULTON COUNTY, IL RECORDED ON 10/16/2007 02:33:26P?1 REG FEE: 42.00 PAGES; 5 PRE-ANNEXATION AGREEMENT BETWEEN DAVID AND CINDY DAXENBICHLER AND THE CITY OF CANTON Prepared by and Return to: Chrissie L. Peterson 2 N. Main Street Canton, IL 61520 (309)647-2738 PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and DAVID AND CINDY DAXENBICHLER, husband and wife, their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners", collectively representing that he is 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 Out-Lot B in Bar-Mac Subdivision of a part of the North Half of Section Fifteen (15), Township Seven (7) North, Range Four (4) East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois, described as follows: Beginning at a point 91 feet East of the Southwest corner of the North Half of the Northeast Quarter of Section 15, aforesaid, running thence East 400 feet, thence South 6° 35' West to a point 65 feet Northeasterly of the Northeast corner of Lot 16 in said Bar-Mac Addition, thence in a Northwesterly direction 60 feet to a point 75 feet Northeasterly of a Northwest corner of said Lot 16, thence Southerly 75 feet to the Northwest corner of said Lot 16, thence in a Northwesterly direction along the South lines of Lots 15 and 14 of said Addition to the Northwest corner of said Lot 14; thence Northwesterly 270 feet, more or less, to the point of beginning. Part of Lot Six (6) of a subdivision of the North Half of the Northeast Quarter of Section Fifteen (15), Township Seven (7) North, Range Four (4) East of the Fourth Principal Meridian, in Fulton County, Illinois, according to the plat thereof recorded March 30, 1917, in Plat Book 3, Page 1, as Document No. 200738, described as follows: Beginning at a point 91 feet East of the Southwest corner of the North Half of the Northeast Quarter of said Section 15; thence West 91 feet to said Southwest Corner, thence North 85.6 feet to an iron pin; thence North 87° 59'East, 657.95 feet on a line running through the outlet and inlet of a pond to a point on the West right-of--way of Illinois Route 78; thence South along said right-of--way 110.00 feet, more or less, to an iron pin; thence West 150 feet to an iron pin; thence continuing West 400 feet to the point of beginning; EXCEPTING therefrom that part thereof described in that Warranty Deed (Non-Freeway) to People of the State of Illinois Department of Transportation as described in that document dated October25,2005 and recorded December 9,2005, as Document 0501689, of the Land Records of Fulton County, Illinois: Commencing at the Northwest corner of the Northeast Quarter of Section 15, thence North 89° 11' 06" East along the North line of the Northeast Quarter of Section 15, 1166.71feet to a point on the center line of FAP 22 (IL78); thence along a curve along the center line concave to the Southeast, having a radius of 3450.57 feet, arc length of 583.55 feet, a long chord of 582.86 feet bearing South 18° 42' S7" West to a point on said center line; thence South 23° 33' 38" West, 469.16 feet to a point on said center line; thence along a curve along said center line concave to the Northwest, having a radius of 3000.10 feet, arc length of 285.23 feet, a long chord of 285.13 feet bearing South 20° 50' 13" West to a point on said center line; thence North 71° 53' 25" West, 75.04 feet to a point 75.04 feet radially distant Westerly of said center line, said point being on the Westerly existing right-of--way of said center line and the point of beginning; From the point of beginning, thence South 09° 14' 08" West along said Westerly right-of--way line 21.49 feet to a point 71.80 feet radially distant Westerly of said center line; thence North 72° 16' S8" West, 31.20 feet to a point 103.00 feet radially distant Westerly of said center line; thence North 10° 24' 12" East, 10.42 feet to a point 104.34 feet radially distant Westerly of said center line; thence North 87° 1.8'53" East, 31.32 feet to the point of beginning. Common Address: 2074 North Main Street, Canton, Illinois 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, 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. DOUBLE 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 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 "double" 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. ~~~~ DA `day of , 2007. Cindy Da bic er, Landowner ~~ 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 David and Cindy Daxenbichler, 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 , 2007. OFFICIAL SEAL CAROL E. KOHLER (~' h ~ - NOTARY PUBLIC, STATE OF ILL~1013 Notary Public MY COMMISSION EXPIRES 10-2-2010 CITY OF CANTON, ILLINOIS, an Illinois Municipal oration, By: y Rodn . Heinze, ayor ~~~~ ~~- Attest: -~~~ Nancy hites, 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 Rodney W. Heinze, personally known to me to be the Mayor of the City of Canton, Illinois and Nancy Whites, 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 R~/L- , 20 !~ ~ Prepared by and Return To: CITY OF CANTON 2 N. Main Street Canton, IL 61520 309-647-0065 OFFICIAL SEAL CAROL E. KOHLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10-2.7.010 Notary Public