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HomeMy WebLinkAboutResolution # 3737RESOLUTION NO. 3737 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND JAMES ENGLE JR. 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 regulaz meeting this ~thday of Septemlier , 2005, upon a roll call vote as follows: AYES: ,l~ldermen Schenck., Reed, Meade, Carl, West, Sarff, Berardi, Hart- ford.. NAYS: None , ABSENT: None . APPROVED: Rodney W. inze, Mayor Attest: ancy Whi s, City Clerk PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and James Engle Jr., his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners", collectively representing that he is all (100%) of the owners of the following described real property, WITNESSETH: WHEREAS, Landowners aze the owner of a certain residential lot located in Canton, Fulton County, Illinois, said lot being more particulazly described as follows: SECT: 19 TWP: 07 RANGE: OS PT SE BG 859 N 159 W SE COR W134N100E134S100 Common Address: 24964 East Bazker Drive, Canton, Illinois 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 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 aze, at the present time, easily extendible 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; and, NOW THEREFORE, in consideration of the mutual covenants, payments and conditions heretofore and hereinafter set out, the City and Landowners for themselves, assigns and successors in title, do hereby agree as follows: 1. CITY'S WATER: The City hereby agrees to allow Landowners 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 Landowners once the tap 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 using the standazd 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, tap fees and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of water as 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 hereby covenant and agree for themselves, their heirs, successors, administrator, 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 pazcels hereinabove described and proceed through normal procedural channels to have 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 hereinabove described for the term set out in the following pazagraph. 5. TERM: This agreement, and the covenant, contained in the foregoing pazagraph, 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 pazcel 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, 2 b. The City may elect to refuse to furnish or sell further water to Landowners, or their successors in title who aze 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 "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 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 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. c~ lti DATED: This l ~ day of Y ~ , 2005. .,.ces ~: ~.r.l~ James Engle Jr., L downer CITY OF CANTON, ILLINOIS, an Illinois Munic' al Corp ration, By:~- , dney W. e e, yor Attest: Nancy Whites, Cit Jerk 3 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 James Engle Jr., personally known to me to be the same person 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 Notary Seal this ~ day of , 2005. ~'Q1~' 'ICIAL SEAL" N~-NCY WHITES NOTAgY PUBLIC 8TATE OF ILLINOIS M Ct~tnrrliwlon fires 04/05/2009 No u lic 4 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 Rodney W. Heinze, personally known to me to be the Mayor of the City of Canton, Illinois and Nancy Whites, personally known to me to be the City Clerk of the City of Canton, 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 day of~~~_, 2005. OFFICIAL SEAL SHELLEY A. COURTNEY NOTARY PUBLIC, STATE OF ILLINOIS MY COMM18810N EXPIRES 3.10•Q007 5