HomeMy WebLinkAboutResolution #2080f
RESOLUTION NO. 2088
A RESOLUTION APPROVII+IG APRE-ANNEXATION AGREII'~NT
WHITE CHAPEL I~IEt40RY GARDENS )
WFH;REAS, 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, THE€2EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF C'AN`I"ON, 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 cahich is
attached as Exhibit A, is hereby approved by the Canton City
Council and the Ifiayor and City Clerk are hereby directed to
execute and deliver the sarne 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, Ilinois, and approval by the t~~ayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 3rd day of Octo's~er,
1989 upon a roll call vote as follows:
AYES: Aldermen Chapman, May, Bohler, Meade, Sarff,
Steck, Zilly, Kovachevich.
NAYS: None.
ABSENT: None.
AP , ,,
. onald E. ~dwards, Mayor
ATTEST:
r / l ,~ ./ n
~~_
Man ;~,rhi s, City Cler}c.
_ _ Pu~iic®tion Instructions
Do not publish
C.7 Publish in pamphlet form only
Publish in a general circulation newspaper
l~~' CFty Att __ Date
r, ~ f
PRE-ANNEXATION AGREEMENT
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corpporation, hereinafter referred to as
"CITY" and ~''HITE CHAPEL ME~~10RY GARDEiV, a division of
their heirs, administrators, executors, assigns and successors in
title, hereinafter collectively referred to as "Landowner(s)", and
collectively representing that they are all (1008) of the owners of
the following described real property,
WITNESSETH:
WHEREAS, Landowner(s) are the owner of a certain ~m~b~d
located in Canton Township, Fulton County, Illinois, said lot
being more particularly described as follows:
SEE ATTACHED
and,
WHEREAS, there is an existing water main ~r~cdxscxx~ace
located adjacent and contiguous to the real estate owned by
Landowner(s); and
WHEREAS, said water main belongs to and is filled with water
owned and furnished by the CITY; ~a~xxaa~dcxsew~xlCi~mecx~e~oca~a~~cxix®
~ci~p]XxGc9cxmp~,c~cgx~cx@cp~~4xXXR'~Y~ and,
I
WHEREAS, the CITY had adopted a policy of not extending city
services such as ~oee~tazkx~ax~ water to real estate located outside the
municipal limits of the City of Canton, Illinois; and,
WHEREAS, Landowner(s) desire to annex to the City of Canton in
order to obtain said city services, and particularly water a:ox~c
X~ services which are, at the present time, easily extendable to
their real estate; and,
WHEREAS, Landowner(s) 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 Landowner(s) for themselves, their heirs, administrators,
executors, assigns and successors in title, do hereby agree as
follows:
1. CITY'S WATER YfXl~~f: The CITY hereby agrees to allow
Landowner(s) to tap said water main axx~xgsrx~axa and the CITY
further agrees to furnish water ~xd ~cx to the real estate
hereinabove described owned by Landowner (s ) once the tappage xa~c~-
As~sax~txho~ai~acp~sx~ac~e completed.
2. DOUBLE RATE: Landowner(s) 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 Landowner (s ) x~az~lxxar
sa~xicc~acxbcax~axdas~cx;F~d , their heirs, successors, executors and
assigns, said rate being computed by using the standard charge then
prevailing for water xax in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water anxicxaa by
two.
3. INSTALLATION: Landowner(s) agree to pay any and all
installation expense, tappage fees and attorneys fees necessary in
order to accomplish the extension and furnishing of waterxx~dcxss
as hereinabove set out to the City of Canton. Landowner(s) agree,
at their sole expense, to extend a standard one inch line from the
point of tappage with the CITY'S water main aztidcx~z~»c~cicxa
s~aacd~xg gx~t~cxl4as}~c~c~cait;c~,cbcax~pnc~~xxx~x ~gxpax~cxwa~bQ~cxti~ec ~dBl.~cxS
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eesv~eocxYaix~ec on to the real estate hereinabove set out. Landowners )
also agree to repair and replace, in as good a condition as it was
prior to any excavation, any existing roadway belonging to or used
by the people of the City of Canton or of the County of Fulton.
4. ANNEXATION: Particularly in consideration of the
foregoing extension of and furnishings of water ~cdxa~szx~eacvx~a~a
to the lot owned by Landowner(s), Landowner(s) 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, Landowner(s), individually, and
for the successors in title, hereby covenant and agree that they
will immediately cause to be prepared and filed at Landowner(s)
expense 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, or a
part thereof, annexed to the City of Canton, Illinois. The
foregoing covenants herein made by Landowner(s) 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 said covenant 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, or a part thereof, 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
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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 •xx~;eew~ot to Landowner(s), or their successors in title who
are in violation of this covenant.
(c) Upon any default, Landowners and/or their successors in
title agree to reimburse the City for its actual costs and
reasonable attorney fees incurred in enforcing the City's right
under this Paragraph Six. The aggregate of such costs and
reasonable attorney fees shall be included in any judgment entered
in favor of the City and against Landowners and/or their successors
in title.
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 atRxbcx~ecrv~eaRC rate, hereinabove provided, shall terminate in its
entirety and Landowner(s), and their successors in interest, shall
be charged a rate similar to that prevailing generally throughout
the City of Canton.
8. RELEASE: Upon the annexation of the premises herein, or a
part thereof, the covenant 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, 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 a certified copy of this agreement to be
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recorded with the Recorder of Deeds of Fulton County, Illinois.
Landowner(s) shall reimburse the City for any recording fees
expended therefor by the City.
10. BENEFIT: The agreement is binding upon the heirs,
successors, executors, administrators, assigns and successors in
title of the parties hereto.
I ESS the hands of the parties on this :ZO' day of
19 WHITE CHAPEL t9tE~Y-GARDENS, a division of
ORIAL GARDENS ASSOCIATION, INC. Landowner
el~ft M. D~,maney~esident ) ,
rich Koek6e1 , Sec'y- Treas. ) ,
CITY OF CANTON, ILLINOIS, a municipal
corporation
By . ~~
• , MAYOR.
ATTTEST: ~ ` ,'
CITY CLERR.
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 Helen M. Demanes, and
U1 rich Koel bel , 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 o20 day of
~~~~
tary Public.
OPPICtAL 56A4
TQiY J. ECKSTEIN
NOTAiY PUBLIC STATB OF 81JNOlS
11Y COIOl1SS1011 !~. N. 28. I!!~
5
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 ~o,v~ /~ L . ~~w~,-~j'S
personally known to me to be the
Mayor of the Ci y of Canton, Illinois, a Municipal corporation, and
a~n. C personally
known to me to be t e City Clerk of the City of Canton, Illinois,
personally known to me to be the same persons who
executed and delivered said agreement as the Mayor and City Clerk
of the City of Canton and caused the seal of the City of Canton to
be affixed thereto, pursuant to the authority given by the City
Council of the City of Canton, Illinois, as their free and
voluntary act for the uses and purposes therein set forth.
VE and r my hand and Notarial Seal this ~ day of
19~_.
OFFICIAL SEAL
SUSAN B HENSELER
NOTARY PUBLIC STATE OF IlLUV01S
C~;.-, FA ISS 10N EXP FEB 28,1991
""?~.'
PREPARED BY AND RETURN T0:
CITY' ATTORNEY
CITY HALL
210 E. CHESTNUT ST.
CANTON, IL. 61520
PH: (309) 647-0065
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Document Nom- s~-a fos Record in Reeordesli oaiq of Peosii Couagr,lNhwis
-~=-ae o'rloa~ v-
WARRANTY DEED- t>M...a.. of Deeds
. .This Indenture Witnesseth, That the Grantors, Reuben F. Burington
and Katherine Burington, hu$batid and wife, each in his and her own right and as the
spouse of the other
of the Town of Spring Valley in the County of Bureau and State cf IIUnois
for sad In oansideratbn of the sum of One. Dollar and other good and valuable consideration
~ hand 1?~ ~~~ sad w~T ~ Memorial Gardens Association, Inc.
an Illinois Corporation
~ ~ City ot Peor ,
the following dencsibed testate, to-wit:
County of PoorL, sad State ei' AlinoL
A part of the Northwest Quarter of Section Thirty-six (38) Township
Seven (?) North, Range Four (4) East of the Fourth Principal Meridian,
desoribsd as fo]lows:
From a stone at the Northeast corner of the Northwest quarter
of Section 98, Township 7 North, Range 4 East of the 4th P. M.,
thence South x818 feet, thence West SO feet to the Point of Beginning,
thence from said Point Of Beginning, South 88 degrees 58~ West B18
feet, thence North 1044.0 feet; thence Eaet 818 feet, thence South
1037 feet to the place o! begiruting, containing 15 acres, situated in
the County of Fulton and State of Illinois,
including therein that portion of the above described tract which has
heretofore been dedicated as a cemetery under the name and style of Fulton
County Memorial Park and also known as White Chapel Memory Gardens, and
subject to the rights of third parties who may have purchased or contracted to
purchase, cemetery lots in said dedicated portion se aforesaid, and further
subject to any unpaid real estate taxes which said grantee assumes and agrees to
pay; and also including all of Grantor's right, title and interest in the perpetual
care funds of said cemetery as set forth in the Indenture of Trust entered into
by the Grantors on the one part and the First National Bank of Peoria on the
other, dated September 17, 1847 and the direction thereof.
Fulton
sitwted is the County of iasaria, fa the State of Ellinois, hereby releasing and waiving all rights mtder
and by virtue of the Homestead Exemption ~ws of the State of IDinoL. •
Dated this _ t ii r" ~ day of ~''~"""-i• , L D. la 80.
"'~ Seal)
~ ~ ,a
~,1~ ~
,T (Seal)
c3..1)
STATE OF ILLINOIS ~M,
Bureau ~Co~t,9 J
(Seal)
(Seal)
ci~•t)
(Se.l)
I the nnd•ni~ed a No ry blle,~ d t r id County d ~q at Dq
SERivBY CERTIFY 1iHAT ~euben r'. ~ur~ilg~On anC] l~atnerlne ZiuringSOri,
Piece Notary Seal husband and wife, each in his and her own right and ae the spouse
In Space Below
-~ : ofxhe other,
peraoaally lmown to tna to be tlu Nme psrnoa.H_whoN nam• a are Jrnrihed
b the fon laQ lnatrumen sp batore me this day pernoa and atimow
~o !.deed that
.-~ha~-~i~aed, wled de vexed uid iaetrument n~ ~~+P ~ r *~-e sad Bohm
act for the wN and purposes therein net forth, fncludins tae sad waMer et tY rl u
of atom G1vea under my hand sad Notarial Nat s
day of i wt. , A. D. le 60 r-~'~
xarrs PaWN