HomeMy WebLinkAboutResolution #5319 - pre-annexation with Brian Brockway RESOLUTION NO. 5319
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND BRIAN BROCKWAY.
WHEREAS, the Canton City Council 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 City of Canton, Fulton County, Illinois at a regular
meeting this 20r" day of July, 2021, upon a roll call vote as follows:
AYES: Alderperson John Lovell, Angela Hale, Jeff Fritz, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin,Justin Nelson, Craig West
APPROVED: (Nu
k1,mA� c Dowe , Mayor
Attest•
Diana Pavley-Rock, City Clerk
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and BRIAN BROCKWAY, his heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that he is all (100%) of the owners of the following
described real property,
WITNESSETH:
WHEREAS, Landowner is the owner of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being more particularly described as follows:
A part of the Northeast Quarter of Section 32, Township 7 North, Range 4 East of the Fourth
Principal Meridian, Fulton County, Illinois, more particularly described as follows:
Commencing at the northeast comer of said Section 32; thence South 00 degrees 26 minutes 20
seconds West (Bearings refer to the Illinois Coordinate System, West Zone, NAD 1983), a
distance of 221.44 feet to the southeast comer of the Subdivision of Enterprise Industrial
District; thence South 89 degrees 45 minutes 22 seconds West, a distance of 1240.38 feet along
the south line of said Subdivision of Enterprise Industrial District to the southeasterly line of
Enterprise Drive; thence South 56 degrees 12 minutes 47 seconds West, a distance of 1053.03
feet along said southeasterly line to an iron rod found at the northwesterly comer of a 5.000 acre
parcel as shown on a survey plat recorded as Document No. 1141022 in Slide 449; thence North
88 degrees 23 minutes 46 seconds East, a distance of 129.64 feet along the northerly line of said
5.000 acre parcel to an iron rod found; thence South 78 degrees 02 minutes 04 seconds East, a
distance of 505.28 feet continuing along said northerly line to an iron rod found; thence South 74
degrees 17 minutes 44 seconds East, a distance of 389.08 feet continuing said northerly line to an
iron rod found at the northeast comer of said 5.000 acre parcel and the Point of Beginning of the
parcel to be described:
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From said Point of Beginning; thence South 67 degrees 19 minutes 12 seconds East, a distance
of 190.51 feet to an iron rod set; thence South 23 degrees 50 minutes 19 seconds East, a distance
of 215.83 feet to an iron rod found; thence South 58 degrees 42 minutes 08 seconds West, a
distance of 488.68 feet; thence North 57 degrees 01 minutes 50 seconds West, a distance of
433.89 feet; thence North 60 degrees 54 minutes 07 seconds East, a distance of 593.48 feet to the
point of beginning, containing 5.001 acres more or less, as shown on the plat recorded on
October 30, 2015, recorded as document 1568123 (parcel A).
PIN Number: 09-08-32-200-030
Common Address: 19801 Paradise Lane, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner; 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, Landowner desires 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 extendible to
their real estate; and,
WHEREAS, Landowner is 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; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out, the City and Landowner for himself, assigns and
successors in title, do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowner to tap said water main
and the City further agrees to furnish water to the real estate for residential purposes only
hereinabove described owned by Landowner once the tap and necessary hookups are completed.
2. OUT OF TOWN RATE: Landowner agrees to pay to the City of Canton double the
amount of prevailing rate inside the City of Canton for water used and consumed 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: Landowner agrees to pay any and all installation expense, tap fees
and allomey's fees to the City of Canton necessary to accomplish the extension and furnishing of
water as hereinabove set out Landowner also agrees to repair and replace, in substantially as
good a condition as it was prior to any excavation, any existing public or private roadway.
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4. ANNEXATION: particularly in consideration of the foregoing extension of and
furnishings of water service to the lot owned by Landowner hereby covenant and agree for
himself, his heirs, successors, administrator, executors, assigns and subsequent holders of title to
any pan 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, individually, and
for his 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 covenants herein
made by Landowner for his 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 Landowner, or their
successors in title who are in violation of the 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 "out of town" water
rate, hereinabove provided, shall terminate in its entirety and Landowner, and his 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 Compiled 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
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of Deeds of Fulton County, Illinois. Landowners shall reimburse the City for any recording fees
expended therefore by the City.
10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and
successors in title of the parties hereto.
DATED: This day of , 2021.
Brian Brockway
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 , personally known to me to be the same person who
executed the foregoing agreement and that he acknowledged that he executed and delivered said
agreement as his free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this day of , 2021.
Notary Public
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By:
Kent A. McDowell, Mayor
Attest:
Diana Pavley-Rock, City
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
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BEFORE me this day, a Notary Public, in and for the County in the State aforesaid,
personally appeared Kent A. McDowell, personally known to me to be the Mayor of the City
of Canton, Illinois and Diana Pavley-Rock, personally known to me to be the City Clerk of
the City of Canton, personalty 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 , 20
Notary Public
Prepared by and Return to:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
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