HomeMy WebLinkAboutResolution #2088
RESOLUTION NO. 2088
A RESOLUTION APPROVING A PRE-ANNEXATION AGRE@~ENT (KINSEL)
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,
WfiEREAS, the Canton City Council has made a similar
determination.
NOW, T~A;[tEF"ORE, BE IT RESOLVED BY THE CITY C70UNCIL OF TAE
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, Ilinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 21st day of November,
1989 upon a roll call vote as follows:
AYES: Aldermen Chapman, May, Meade, Sarff, Steck, Zilly,
Kovachevich.
NAYS: None.
ABSENT: Alderman Bohler.
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Donald E. Edwards, Mayor
ATTEST:
Nancy Whites, City Clerk.
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PRE-ANNEXATION AGREII~IENT
THIS AGREEMENT, made by and between the CITY OF
CANTON, ILLINOIS, a municipal corporation, hereinaf ter
referred to as "City" and CHARLES F. KINSEL and BRENDA
KINSEL, 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 Township, Fulton County,
Illinois, said lot being more particularly described as
follows:
Lot Number 45 in W. V. Young's Subdivision to the Town, now
City, of Canton;
AND,
The South Half of the following described property:
Beginning at the Southwest corner of the East Half of the
Southwest Quarter of Section 25, Township 7 North, Range 4
East of the Fourth Principal Meridian, situated in the
County of Fulton and State of Illinois, running thence East
100 feet; thence, North to the center of East Chestnut
Street, as extended; thence, West along the center of East
Chestnut Street, extended to the West line of the East Half
of said Southwest Quarter; thence, South to the place of
beginning, situated in the County of Fulton and State of
Illinois,
and,
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 sewer and 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 AND SEWER: 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
necessary to the City of Canton in order 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 hereinabave 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.
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 apart 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, Illincis.
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 day of ~ , 1989.
Charles F. Ki 1, Lando er
Brenda Kinsel, ndowner.
CITY OF CANTON, ILLINOIS, a
municipal corporation,
By.
Attest: ,
Nancy Whites, City Clerk.
STATE OF ILLINOIS,
COUNTY OF FULTON.
SS.
Donald E. Edwards, Mayor.
BEFORE me this day, a Notary Public, in and for the
County in the State aforesaid, personally appeared Charles
F. Kinsel and Brenda Kinsel, 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.
G EN under my hand and Notarial Seal this ~_ day
of , 1989.
OFFiCIAI SEAL
SUSAN B HEn1SELER
NOTARY PUBLIC STATE Oi ILLINOIS
:~ rn•~x.rcctrt*r;XP £EB28,1991
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STATE OF ILLINOIS,
COUNTY OF FULTON.
~~~~~~~~
Notary Public
SS.
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.
GIVEN under my hand and Notarial Seal this day
of , 1989.
Notary Public
Prepared by and return to: City Attorney
City Building
- 210 E. Chestnut
Canton, IL 61520
PH: (309) 647-0065