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HomeMy WebLinkAboutResolution #2043RESOLIITION NO. 2043 A RESOLOTION APPROVING A PRE-ANNEXATION AGREEI~NT (WHETSTINE) WHEREAS, the 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 determina- tion. 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 Council of the City of Canton, Fulton County, Illinois at a regular meeting this 4th day of October, 1988 upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ABSENT: None. APPRO D: ~ - ~ (/S/~ r '/' v Donald E. Edwards, Mayor ATTEST: Nanc White , City Clerk. ~~r~.~~f1..: ~(~4 PRE-ANNEXATION AGREEMENT THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "CITY" and Raymond Whetstine and Celesta Whetstine , their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner(s)", collectively representing that they are all (1000 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 Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 1717 feet North of the Southwest corner of the Southeast Quarter of said Section, running thence East 989.3 feet, more or less, to the West line of the Real Estate conveyed to George B. Roller, thence South 822.5 feet along the West line of the Real Estate conveyed by Warranty Deed to George B. Roller on March 29, 1905, Instrument #150366, Volume 200, Page 560 of the Fulton County Land Records, thence East 99 feet along the South line of the Real Estate above described, conveyed to George B. Roller on March 29, 1905, thence South to a point 1177 feet East and 858 feet North of the Southwest corner of the Southeast Quarter of said Section, thence West 1177 feet, to the Quarter Section line, thence North 859 feet to the place of beginning, EXCEPTING A part of the Southeast Quarter of Section 28 in Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton Township, Fulton County, Illinois, described as follows: Commencing at a point 836.7 feet South and 986 feet East of the center of said Section 28, running thence West 472 feet, thence South 103 feet, thence East 472 feet, thence North 103 ~°1 \~ ~~~ ~0 i ~; :: X05 feet to the place of beginning, AND EXCEPTING a part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton Township Fulton County, Illinois, described as follows: Commencing at a point 939.7 feet South and 986 feet East of the center of said Section 28, thence West 472 feet; thence South to the Northwest corner of the property owned by J. Clyde Turl (which would be to a point 66 feet North and 710 feet West of the Northwest corner of Lot 15 in Block #1 in Babcock's Quality Hill Third Addition to the City of Canton, Illinois); thence East 571 feet; thence North 44 feet; thence West 99 feet, thence North to the place of beginning, ALL situated in Canton Township, ALSO EXCEPTING part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, being further described as follows: Beginning at an iron pin being on the West line of said Southeast Quarter and also being South 1009.83 feet from a drill hole at the Northwest corner of said Southeast Quarter; thence East 435.6 feet to an iron pin; thence South 200.00 feet to an iron pin; thence West 435.6 feet to an iron pin being on the West line of said Southeast Quarter, thence North 200.00 feet to point of beginning, containing 2.000 acrest and, WHEREAS, there is an existing water main ~~X~X 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; and, 1~F~~1~X~I~~X'X~~L?~~X~1~~7~6X~OX ~I4R1X~7~X1~B~I~IR~~Q7~X~~X~XjX -2- WHEREAS, the CITY had 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, Landowner(s) desire to annex to the City of Canton in order to obtain said city services, and particularly waterx ,~~ services which are, at the present time, easily extendable to their real estate; and, WHEREAS, Landowner(s) are not yet contig~zous 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 AND SEWER: The CITY Hereby agrees to allow Landowners ) to tap said water mainX~4I4~X~-~~~X~~~~ and the CITY further agrees to furnish water ~4~g~X~t4~~~ 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) ~~~X~~i~¢~KX ~~KDL~~~X~~X~aaC~[~~fgd~I$~1~$~~, their heirs, successors, executors and assigns, said rate being computed by using the stan:~iard charge the r. prevailing for water ~~Li~X~f~g~~g in the City of Cantcfi, Illinois, and multiplying that prevailing charge per unit of water ~R~X~~~§~~ by two. 3. INSTALLATION: Landowner(s) agree to pay any and all installation expense, tappage fees and attorneys fees necessary to the City of Canton in arde.r to accomplish the extension and furnishing of water ~~4~X~~X~~ as hereinabove set out. 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 ~~~X#~tX~~#~~~X ~tX~K~~4~~1f ~X~~9d$~XX~I~~II~C~~X~X~AaX~~~X~~~~~X~~X~~~~%~~XDdJC~~X~~4~X$R~CX$~X -3- . ,~~h 1(l' i ~.; ~ .: 307 ~~~ on to the real estate hereinabove set out. Landowner(s) also agree to repair and replace, in substantially 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 ~0~ 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 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, ar 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 cvay affect or release the covena~it on the -4- ;~~K~0i1~:: X08 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 >~X~X]~I~~X to Landowner(s) , 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 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 ratificationof this agreement by the City Council, shall cause a copy of this agreement to be recorded with the Recorder of Deeds of Fulton County, Illinois, this agreement. Landowner(s) shall reimburse the City for any recording fees expended thereon by the City. 10. BENEFIT: The agreement is binding upon the heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. -5- .;~~K1~'71~ ~. 309 ,. WITNESS the hands of the parties on this 21st day of September , 19 88 J Celesta Whetstine ), Landowner. CITY OF CANTON, ILLINOIS, a municipal corporation By; ~~ Donald E Edwards , MAYOR. ATTTEST: N nc Wh tes , CITY CLERK. STATE OF ILLINOIS, COUNTY OF FULTON. SS. BEFORE me this day, a Notary Public, in and fog. the~County in the State aforesaid, personally appeared Raymond Whetstine and Celesta Whetstine , personally known t~~ 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. BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally appeared Donald E. Edwards personally Y.nown 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 GIVEN under my hand and Notarial Seal this 21st day of SPr~tr~ml-iar , 19 88 "' Notary Public. ~FICIAI SEAL STATE OF ILLINOIS, ) SUSAN $ HEIVSELER S S . NOTARY PUBLIC STATE Oi ILLpNDIS COUNTY OF FULTON. ) COMMISSION EXP FEB 28,1991 -6- ~~~ ~011~ ..310 ~,~ 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. GIVEN under my hand and N tarial Seal this 27th day of September ,~19 g g return to: ~ UO k~ , ~ ~ U a-.oeooeoe Prepared by and OffICIAI SE AI JAMES H MALMGREN NOTARY PUBLIC STATE OF ILLINOIS MY COMM. EXP. DEC 30,1990 James H. Malmgren Attorney at Law 369 N. Main Street Canton, IL. 61520 PH: (309) 647-0647 Notary Publ~¢. ~g_ 29366 STATE OF itiJ., ~_i° ~ `7N CS ~~ bb THIS INSt'!UMEr ~ r.- ~ ~ ~j (~ age YOF_~~ g RECONOED MI YQ<. ~P~.L_-PAGE s~2~ . ' /,l'O~ COI/OYgFNKtNNOONOER -7- PRE-ANNEXATION AGREEMENT THIS AGREEMENT, made by and between the CITY 0~' CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "CITY" and Raymond Whetstine and Celesta Whetstine , their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner(s)", collectively representing that they are all (100 e) 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 Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 1717 feet North of the Southwest corner of the Southeast Quarter of said Section, running thence East 989.3 feet, more or less, to the West line of the Real Estate conveyed to George B. Roller, thence South 82?_.5 feet along the West line of the Real Estate conveyed by Warranty Deed to George B. Roller on March 29, 1905, Instrument #150366, Volume 200, Page 560 of the Fulton County Land Records, thence East 99 feet along the South line of the Real Estate above described, conveyed to George B. Roller on March 29, 1905, thence South to a point 1177 feet East and 858 feet North of the Southwest corner of the Southeast Quarter of said Section, thence West 1177 feet, to the Quarter Section line, thence North 859 feet to the place of beginning, EXCEPTING A part of the Southeast Quarter of Section 28 in Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton Township, Fulton County, Illinois, described as follows: Commencing at a point 836.7 feet South and 986 feet East of the center of said Section 28, running thence West 47.2 feet, thence South 103 feet, thence East 472 feet, thence North 103 EXHIBIT A, Resolution No. 2043 feet to the place of beginning, AND EXCEPTING a part of the Southeast Quarter of Section 28, Township 7 tJorth, Range 4 East of the Fourth Principal Meridian, Canton Township Fulton County, Illinois, described as follows: Commencing at a point 939.7 feet South and 986 feet East of the enter of said Section 28, thence West 472 feet; thence South to the Northwest corner of the property owned by J. Clyde Turl (which would be to a point 65 feet iJorth and 710 feet taest of the northwest corner of Lot 15 in Block #1 in Babcock's Quality Hill Third Addition to the City of Canton, Illinois); thence East 571 feet; thence North 44 feet; thence West 99 feet, thence North to the place of beginning, ALL situated in Canton Township, AT_~SO EXCEPTING part of the Southeast Quarter, Section 28, Township 7 iJorth, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, being further described as follows: Beginning at an iron pin being on the West line of said Southeast Quarter and also 'cueing Soutiz 1009.83 feet from a drill hole at the Northwest corner of said Southeast Quarter; thence East 435.6 feet to an iron pin; thence South 200.00 feet to an iron pin; thence West 435.6 feet to an iron pin being on the West line of said Southeast Quarter, thence North 200.00 feet to point of beginning, containing 2.000 acresT and, WHEREAS, there is an existing water maiiZ 1~~G~~XX~4~X 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; and, ~~~.~~~~XX~~L~~~6X~X ~~x1XX~X~~X~x~~~X~~x~~XX -2- WHEREAS, the CITY had adopted a policy of not extznding city services such as sewer and water to real estate located outside 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 waterX~~ ,~~~ services which are, at the present time, easily extendable to their real estate; and, WHEREAS, Landowner(s) are not yet contig~ious 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 AND SEWER: The CITY hereby agrees to allow Landowners ) to tap said water mainX~4~4~X~~4~XX~~R~ and the CITY further agrees to furnish water ~~R4~X~g~~~ 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 ) ~t~s~X~~€StQ~~X g~[g~L~~~X~~X~~C~t~~~~t~~~~C~, their heirs, successors, executors and assigns, said rate being computed by using the standard charge then. prevailing for water ~~i~X~~€~~€R in the City of Cantc:i, Illinois, and multiplying that prevailing charge per unit of water ~~4~X~~g~~g by two. 3. INSTALLATION: Landowner(s) 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 ~II~~X~~€pti~X as hereinabove set out. 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 ~N~X~~X~X~~R~X ~ZX~K~[}4~~tK~X~1~W~KX~t~ffiiC~~X$K~k~X~~~X1~~X~~X~XXK~~4~~~~XWX~~XK~41~X~R~CX$$X -3- 4~~X1~~~ on to the real estate hereinabove set out. Landowner(s) also agree to repair and replace, in substantially 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 ~1~k~Y@i~KO~X 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 wi~hin sixty (60) days after being given written notice by ttie 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 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 tine 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 tl~e City of Canton. In no event shall the anne<cation of an~~ part of the foregoing premises in any way affect or release the covenant on the -4- 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 ~~X~1~3ffI~X to Landowner(s), 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 Clark of the City of Canton upon said annexation ordinance, the "double" water ~~X~~ 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 ratificationof this agreement by the City Council, shall cause a copy of this agreement to be recorded with the Recorder of Deeds of Fulton County, Illinois, this agreement. Landowner(s) shall reimburse the City for any recording fees expended thereon by the City. 10. BENEFIT: The agreement is binding upon the heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. -5- WITNESS the hands of the parties on tt~ris 21st day of September , 19 88 ATTTEST: a /~~ _~ Celesta Whetstine ), Landowner. CITY OF CANTON, ILLINOIS; a municipal corporation By: Donald F,. Edwards , MAYOR. Nancy Whites , CITY CL1KK. STATE OF ILLINOIS, COUNTY OF FULTON. SS. BEFORE me this day, a Notary Public, in and fog the~County in the State aforesaid, personally appeared Raymond Whetstine and Celesta Whetstine , personally known t~~ 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 21st day of SP tPmhar _r 19 88 Notary Public. OFFICIAL SEAL STATE OF ILLINOIS, ) SUSAN B HENSELER S S . NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF FULTON. ) COMMISSi01V EXP FEB 28,1991 BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally appeared Donald E. Edwards personally }mown to me to Yee 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 -6- executed and delivered said agreement as the Mayor and City Clerl; 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. I;IVEN under my hand and Notarial Seal this day of September , 19 88 Notary Public. Prepared by and return to: James H. Malmgren Attorney at Law 369 N. Main Street Canton, IL. 61520 PH: (309) 647-0647 -7- PR$-ANNBXATION AGREEMENT THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "CITY" and Raymond Whetstine and Celesta Whetstine , their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner(s)", collectively representing that they are all (100$) 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 Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Beginning at a point 1717 feet North of the Southwest corner of the Southeast Quarter of said Section, running thence East 989.3 feet, more or less, to the West line of the Real Estate conveyed to George B. Roller, thence South 822.5 feet along the West line of the Real Estate conveyed by Warranty Deed to George B. Roller on March 29, 1905, Instrument #150366, Volume 200, Page 560 of the Fulton County Land Records, thence East 99 feet along the South line of the Real Estate above described, conveyed to George B. Roller on March 29, 1905, thence South to a point 1177 feet East and 858 feet North of the Southwest corner of the Southeast Quarter of said Section, thence West 1177 feet, to the Quarter Section line, thence North 859 feet to the place of beginning, EXCEPTING A part of the Southeast Quarter of Section 28 in Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton Township, Fulton County, Illinois, described as follows: Commencing at a point 836.7 feet South and 986 feet East of the center of said Section 28, running thence West 472 feet, thence South 103 feet, thence East 472 feet, thence North 103 feet to the place of beginning, AND EXCEPTING a part of the Southeast Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton Township Fulton County, Illinois, described as follows: Commencing at a point 939.7 feet South and 986 feet East of the center of said Section 28, thence West 472 feet; thence South to the Northwest corner of the property owned by J. Clyde Turl (which would be to a point 66 feet North and 710 feet West of the Northwest corner of Lot 15 in Block #1 in Babcock's Quality Hill Third Addition to the City of Canton, Illinois); thence East 571 feet; thence North 44 feet; thence West 99 feet, thence North to the place of beginning, ALL situated in Canton Township, ALSO EXCEPTING part of the Southeast Quarter, Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, being further described as follows: Beginning at an iron pin being on the West line of said Southeast Quarter and also being South 1009.83 feet from a drill hole at the Northwest corner of said Southeast Quarter; thence East 435.6 feet to an iron pin; thence South 200.00 feet to an iron pin; thence West 435.6 feet to an iron pin being on the West line of said Southeast Quarter, thence North 200.00 feet to point of beginning, containing 2.000 acres, and, WHEREAS, there is an existing water main ~1~X~X~~X 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; and, ~~~X~~?$I~XX~~i74~~D1~?x107D.,~+6X~OX ~J4R}XX~XI~~xI~1~IR~~o$X*~Ili'Xtx7~X -2- WHEREAS, the CITY had 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, Landowner(s) desire to annex to the City of Canton in order to obtain said city services, and particularly waterx~~r]C ,~~ 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 hereliy agree as follows: 1. CITY'S WATER AND SEWER: The CITY hereby agrees to allow Landowner(s) to tap said water main X~Cl~4~X~~~KX~X~~ and the CITY further agrees to furnish water ~g}X~~~}l 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 ) ~~LdXX~4Q~KX 9f~KD~C~~~XnC~XYidCR~~g(QL~Kk~~C, their heirs, successors, executors and assigns, said rate being computed by using the stan.~lard charge Cher. prevailing for water ~~IS~X~I~i~K in the City of Cantc;i, Illinois, and multiplying that prevailing charge per unit of water ~Ig~X~~€X~I~ by two. 3. INSTALLATION: Landowner(s) 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 ~LII~X~T~Xi~g 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 gB~Xk1~X1~Xk1~R~X ~[X~CK~~4~d(K~IXS~~~XX~i~~~{M~Xf~XNInX~~4~X~~~}Q$X~II~XICH~~A~~XDdJ~X~XK~~X~Rx~C$~X -3- ~4X~42~ on to the real estate hereinabove set out. Landowner(s) also agree to repair and replace, in substantially 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 x3~ 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 wi~hin sixty (60) days after being given written notice by the City o* 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 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 tl~e 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 cvay affect or release the covenant on the -4- 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 1~XXXl~E3~I~X to Landowner(s), 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 "do~ible" water ~14~~~~ 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 ratificationof this agreement by the City Council, shall cause a copy of this agreement to be recorded with the Recorder of Deeds of Fulton County, Illinois, this agreement. Landowner(s) shall reimburse the City for any recording fees expended thereon by the City. 10. BENEFIT: The agreement is binding upon the heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. -5- WITNESS the hands of the parties on this 21st day of September , 19 88 -~hets~ine ), Landowner. J Celesta Whetstine ), Landowner. CITY OF CANTON, ILLINOIS, a municipal corporation By; ~~ Donald E. Edwards , MAYOR. ATTTEST: N nc Wh to , 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 Raymond Whetstine and Celesta Whetstine , personally known t~~ 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 21st day of SPntPmhr~r ~ 19 88 Notary Public. OFFICIAL SEi1L STATE OF ILLINOIS, ) 5'US~ B HENSELER S S . 1~TARY PUBLIC STATE Oi IlLN01S COUNTY OF FULTON. ) COMMISS101VPXP FEH28,1991 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 -6- 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. GIVEN under my hand and N tarial Seal this 27th day of September ,~19 gg ~ ~«+ Off1CIAl SEAL JAMES H MALMGREN NOTARY FUBIIt S1ATE OF ILLINOIS MY COMM. EXP. DEC 30,1990 Prepared by and return to: James H. Malmgren Attorney at Law 369 N. Main Street Canton, IL. 61520 PH: (309) 647-0647 Notary Publ~i~. -7-