HomeMy WebLinkAboutResolution #3038RESOLIITION N0. _
A RESOLIITION APPROVING A PRE-ANNEXATION AGREII~NT (Strode)
WHEREAS, Legal and Ordinance Committee 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 Cit of Canton, Fulton
County, Illinois at a regular meeting this ~th day of March,
1991 upon a roll call vote as follows:
AYES: Aldermen Chapman, Bohler, Meade, Sarff, Steck.
NAYS: None.
ABSENT: Aldermen xovachevich, May. (Alderman Fuller has resip~ed)
APPROVED:
onald E. Edwards, A4ayor
ATTEST:
~~
Nancy Whites City Clerk.
PRE-ANNEXATION AGREEMENT
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corporation, hereinafter referred to as
"City" and Ransom D. Strode and Sally J. Strode, 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 Orion Township, Fulton County, Illinois, said lot
being more particularly described as follows:
A part of the Southeast Quarter of the Southwest Quarter
of Section 30 in Township 7 North, Range 5 East of the 4th
P.M., Fulton County, Illinois described as follows and
bearings are for descriptive purposes only:
Commencing at the Center said Section 30 marked by a Stone;
thence bearing S 0 43'32"E., a distance of 1322.80 ft. to an
existing Fence Corner and the ACTUAL POINT OF BEGINNING;
thence along said existing fence bearing S.0 52'44"E•, a
distance of 136.04 ft.; thence bearing S.51 27'58"W., a
distance of 592.16 ft.; thence bearing N.41 22'11"W., a
distance of 571.20 ft. to the Southeasterly Right-of-Way
line of Fulton County Highway 27; thence along said
Southeasterly Right-of-Way line 60.01 ft. along a curve to
the Left whose Radius is 1259.40 ft. and whose chord bears
N49 19'34"E., a distance of 60.00 ft.; thence bearing N.87
19'05"E., a distance of 794.00 ft. to the Point of
Beginning; containing 5.525 acres, more or less.
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 extendable 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;
NOW, THEREFORE, in consideration of the mutual covenants,
payments and conditions heretofore and hereinafter set out, the
CITY and Landowners for themselves, their heirs, administrators,
executors, 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 hereinabove described owned by Landowners
once the tappage 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 Landowners, their heirs,
successors, executors and assigns, said rate being computed 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, tappage fees and attorneys fees to the City
of Canton necessary to accomplish the extension and furnishing of
water as hereinabove set out. Landowners agree, at their sole
expense, to extend a standard one inch line from the point of
tappage with the CITY~S water main on to the real estate
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, Landowners hereby covenant and agree for
themselves, their heirs, successors, administrators, 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 the above
described real estate, annexed to the City of Canton, Illinois.
The foregoing 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 this 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
Revised 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 therefor by the
City.
10. BENEFIT: The agreement is for the benefit of and is
binding upon the heirs, successors, executors, administrators,
assigns and successors in title of the parties hereto.
DATED: This ;~-~2 day of ~'K~~~~ , 1991.
~'`¢~^
ansom D. Stro e
~~~~
Sally St de
CITY OF CANTON, ILLINOIS, a
municipal corporation,
~~~ ~
By : ~ ,~ C _ l C -~z~-,_~~
onald E. Edwards, Mayor.
Attest: ,
Nanc Whit , City Clerk.
STATE OF ILLINOIS,
COUNTY OF FULTON.
SS.
BEFORE me this day, a Notary Public, in and for the County
in the State aforesaid, personally appeared Ransom D. Strode and
Sally J. Strode husband and wife, 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
1991.
-,,
otar b i ~,~^,,,
"OFFICIAL t3F.Al"
STATE OF ILLINOIS, ) PATRICIA A. MITCHELL
NpfrAry Public, State of Illlnoie
) S S . County of Fulton
COUNTY OF FULTON . ) Ces,mm~slon Ex na 12.11!-Y1
BEFORE me this day, a Notary Public, in and for the County
in the State aforesaid, personally appeared Donald E. Edwards,
personally known to me to be the Mayor of the City of Canton,
Illinois, a Municipal corporation, and Nancy Whites, personally
known to me to be the City Clerk of the City of Canton, Illinois,
personally known to me to be the same persons who executed and
delivered said agreement as their free and voluntary act for the
uses and purposes therein set forth. ~
GIVE under my hand and Notarial Seal this _~ day of
1991.
~ ~ ~~
Notary Pub is
Prepared by and return to: City Attorney
~..,~.,
OFFICIAL SEAL "
SUSAN B HENSELER
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISStpy E,~p; 2/28/95