HomeMy WebLinkAboutResolution #2083RESOLUTION t10. 2 C 8 3
A RESOLUTION APPROVING APRE-ANNEXATION AGREEPdF..~]T (CTIILDE'i:S )
i~ifiER2Ec~S, Legal and Ordinance Conunittee has determined that
it is necessary and in the best interest of the City of Canton
that the attached Pre-Annex>ation Agreement be approved and entered
into by the City of Canton; and,
WHII2EAS, the Canton City Council has made a similar
determination.
N03-1, Tf~iEREE"ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follocas:
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 T/xhibit A, is hereby approved by the Canton City
Council and the T~Iayor and City Clerh~ are hereby directed to
execute and deliver the same on behalf of tY1e 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 '~y the T~~Iayor thereof.
PASSED ~,~y the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 3~._ day of October,
1989 upon a roll call vote as folloc~s:
AYES; Aldermen Kovachevich, Zilly, Steck, Sarff,
Meade, Bohler, May, Chapman.
~yS; None .
~E~; None .
APPRO
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D ald E. Ede ards, P•Zayor
ATI'E.S'P:
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T~~ an y t~mi es, City C erk.
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Da not publish
Publish in pamphlet form only
^ Publish in a general circulation newspaper
City Att ____.,_.~_ Date
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PRE-ANNEXATION AGREEMENT
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corporation, hereinafter referred to as
"CITY" and ALBERT LEE CHILDERS and ADA LOTS CHILDERS , their
heirs, administrators, executors, assigns and successors in title,
hereinafter collectively referred to as "Landowner(s)", and
collectively representing that they are all (100$) of the owners of
the following described real property,
WITNESSETH:
WHEREAS, Landowner(s) are the owner of a certain residential
lot located in Canton Township, Fulton County, Illinois, said lot
being more particularly described as follows:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTr;R
OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 4 EAST OF THE FOURTH
PRINCIPAL MERIDIAN, SITUATED IIQ THE COUNTY OF FULTON AND
STATE OF ILLINOIS, DESCRIBED AS FOLLOWS:
Commencing 1251.4 feet East of the Southwest corner of the
Southwest Quarter of said Section 25, running thence North
631.9 feet, thence East 68.93 feet, thence South 631.9
feet, thence West 68.93 feet to the place of Aeginning.
COMMON ADDRESS: RR #3, East Walnut, Canton, Illinois,
and,
WHEREAS, there is an existing water main ?~{#~~~~~XXXXX
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; ~XXX~~~~~~~X
X~~d~~~~ and,
WHEREAS, the CITY had adopted a policy of not extending city
services such as ~}tX 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 XXXX
~ 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 lXS~: The CITY hereby agrees to allow
Landowner(s) to tap said water main ~X~XX line and the CITY
further agrees to furnish water 74A~X~~X to the real estate
hereinabove described owned by Landowner(s) once the tappage and
necessary hookups are 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 ) I~I~R1X~~~74'X
~~~7~X~7~X~F~R7~7~R~T~~, their heirs, successors, executors and
assigns, said rate being computed by using the standard charge then
prevailing for water &A1~XXI~3~CX in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water ~€1~1~Xk1~~(i~~F 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 water Xi~~XXI~~D~X
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 ~[R~Xi~~X~X$~~~Xx
R~~~4~~?~f~X~i~Xi~1~X~~l~I~Cx1~X~]c~1~XlCbt~X~~411~KX~i~XXX~4~~~~X~$3f KX}~?{gXl~~~~fX~XXXX
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X~~~YXZ~X~ on to the real estate hereinabove set out. Landowner(s)
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 ~KHX~~~~~ service
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 b~tXX~ 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 a~~W~iX 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.
WITNESS the hands of the parties on this 20th day of
October , 19 88
( Al~b/ert -L~e ChildeLr~s"~~~ ) , Landowner.
( Ada Lois Childers ), Landowner.
CITY OF CANTON, ILLINOIS, a municipal
corporation
By: C
Donald E. Edwards , MAYOR.
ATTTEST:
r' ,
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 Albert Lee Chi~ld_rG
and Ada Lois Childers , 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 20th day of
October 19~_.
ovi~cut sEA< --
SUSAN B HENSELER v
NOTARY PtJBI IC STATE OF ILL mI01S No t a r Public .
CO!!+~Tr! ~~t iQ*r EXP FEB 28,1491 y
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