HomeMy WebLinkAboutResolution # 3851 - pre-annexation agreement with maxhn & carol mccawRESOLUTION NO. 3851
A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND MAXHN AND CAROL MCCAW.
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 20 day of February , 2008, upon a roll call vote as follows:
AYES: Alder_:len Le~~is, Str~dber~;, Meade, ~~~est, Sarff, Berardi, Schenck.
NAYS: None.
ABSENT• Alderman Nidiffer.
~'
APPROVED .
W~Heinze, Mayor
Attest:
~~
Nancy Wh es, City Clerk
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and Maxhn and Carol McCaw,
their 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 are the owner of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being more particularly described as follows:
(Lot 4) A part of the Southeast Quarter (SE1/4) of Section Nineteen (19) in Township Seven (7) North, Range Five
(5) East of the Fourth Principal Meridian, situated in the County of Fulton and the State of Illinois, described as
follows, to-wit: Commencing at the Northwest corner of the said Southeast quarter of Section 19, running thence
East 1726 feet, thence South 1411 feet, thence South 60° West 1068.3 feet; thence South 137 '/z feet, thence West
60° South 75 feet; thence North 137 '/z feet; thence North 60° East 75 feet to the actual place of beginning.
(Lot 36) Abstract of Title to the Southeast Quarter of Section 19 ,Township 7 North, Range 5 East of the Fourth
Principal Meridian, Fulton County, Illinois EXCEPT: Beginning at a stone at the center of Section 19, Township 7
North, Range 5 East, thence North 89°19' East along the north line of the Southeast Quarter of Section 19 for a
distance of 1726 feet, thence South for a distance of 1411 feet, thence South 60°West for a distance of 1,368.3 feet,
thence South for a distance of 350 feet, thence North 89°30' East for a distance of 775 feet, thence North a distance
of 430 feet, thence North 89°30' East for a distance of 950 feet, thence South for a distance of 360 feet, thence North
89°30' East for a distance of 370 feet, thence South 0° 15' East along the East line of Section 19 for a distance of 300
feet to the Southeast corner of the Southeast quarter of Section 19, thence South 89°30' West along the South line of
Section 19 for a distance of 2666 feet to the Southwest corner of the Southeast Quarter of Section 19, thence North
0°33' East along the West line of the Southeast Quarter of Section 19 for a distance of 2662 feet to the point of
beginning, being 102.46 acres, more or less, all in the Southeast Quarter of Section 19, Township 7 North, Range 5
East of the Fourth Principal Meridian, Fulton County, Illinois, and
Commencing at a stake located 1368.3 feet South 60° West of a point being 1411 feet South of a point being 1726
feet North 89° and 19 feet East of a stone at the center of Section 19, Township 7 North, Range 5 East, from said
stake thence North 60° East for a distance of 200 feet, thence South to a point being parallel to a point 175 feet
South of said stake, thence West to a point 175 feet South of said stake, thence North 175 feet to place of beginning,
all containing less than one acre of land, situated in the Southeast Quarter of Section 19, Township 7 North, Range 5
East of the Fourth Principal Meridian, Fulton County, Illinois; and
Commencing at the Northeast corner of said Southeast Quarter, running thence West along the North side of said
Southeast Quarter 820 feet, thence South 2002 feet, thence East 450 feet, thence South 360 feet, thence East 370
feet, thence North along the East side of said Section to the place of beginning, excepting one acre out of the
Northeast corner thereof, which is school ground, situated in the County of Fulton and State of Illinois.
Common Address: 24690-24692 Barker 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 are, 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 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, 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 parcels 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 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 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.
DATED: This __~___ day of , 2008.
Maxhn McCaw ,Landowner of McCaw, Landowner
STATE OF ILLINOIS, )
SS.
COUNTY OF FULTON )
BEFORE me t~~}}'s day, a Notary Public, in ~an~~~~d~~for the County in the State aforesaid, personally
appeared L'Q ~b ~ IVl C ~ 111~L`1`[~i-~rsonally 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.
S~
GIVEN under my hand and Notary Seal this ~ day of ~ , 2008.
Notary Public
OFFICIAL SF1-l.
8A,RAH B. DeKEYREL
NOTA4iY PUBLIC -STATE CIF L1~IOIB
MY COMMi8810N EXPIRE8 ~1~,2011
CITY OF CANTON, ILLINOIS, an Illinois
Municipal rp ratio ,
By:
Rodn . Heinze, ayor
Attest: ~ ~~;E-?'~~~~
Nancy Whit ,City Clerk
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
OFFICIAL SEAL
CAROL E. KOHIER
NOTARY PUBLIC, STATF OF ILLIN013
MY COMMI8810N EXPIRES 10.2.2010
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
day of ~ ~ , 2008.
Notary Public
X81 ~4~+2
3A?IES I. NELSGN
CGUNTY GLERI{ & RECGRBER
FULTGN GGUNTY, IL
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY
REGGRDED DN
02!21 ! 2Q~08 QIB : 43 : 37A?!
OF CA~1~~EI~'~~+5, a
municipal corporation, hereinafter referred to as "City" and Maxhn F~9~alol McCaw,
their 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 are the owner of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being more particularly described as follows:
(Lot 4}Apart of the Southeast Quaver (SE1/4) of Section Nineteen (19) in Township Seven (7) North, Range Five
(5) East of the Fourth Principal Meridian, situated in the County of Fulton and the State of Illinois, described as
follows, to-wit: Commencing at the Northwest corner of the said Southeast quarter of Section 19, running thence
East 1726 feet, thence South 1411 feet, thence South 60° West 1068.3 feet; thence South 137 '/z feet, thence West
60° South 75 feet; thence North 137 'h feet; thence North 60° East 75 feet to the actual place of beginning.
(Lot 36) Abstract of Title to the Southeast Quarter of Section 19 ,Township 7 North, Range 5 East of the Fourth
Principal Meridian, Fulton County, Illinois EXCEPT: Beginning at a stone at the center of Section 19, Township 7
North, Range 5 East, thence North 89° 19' East along the north line of the Southeast Quarter of Section 19 for a
distance of 1726 feet, thence South for a distance of 1411 feet, thence South 60°West for a distance of 1,368.3 feet,
thence South for a distance of 350 feet, thence North 89°30' East for a distance of 775 feet, thence North a distance
of 430 feet, thence North 89°30' East for a distance of 950 feet, thence South for a distance of 360 feet, thence North
89°30' East for a distance of 370 feet, thence South 0° 15' East along the East line of Section 19 for a distance of 300
feet to the Southeast corner of the Southeast quarter of Section 19, thence South 89°30' West along the South line of
Section 19 for a distance of 2666 feet to the Southwest corner of the Southeast Quarter of Section 19, thence North
0°33' East along the West line of the Southeast Quarter of Section 19 for a distance of 2662 feet to the point of
beginning, being 102.46 acres, more or less, all in the Southeast Quarter of Section 19, Township 7 North, Range 5
East of the Fourth Principal Meridian, Fulton County, Illinois, and
Commencing at a stake located 1368.3 feet South 60° West of a point being 1411 feet South of a point being 1726
feet North 89° and 19 feet East of a stone at the center of Section 19, Township 7 North, Range 5 East, from said
stake thence North 60° East for a distance of 200 feet, thence South to a point being parallel to a point 175 feet
South of said stake, thence West to a point 175 feet South of said stake, thence North 175 feet to place of beginning,
all containing less than one acre of land, situated in the Southeast Quarter of Section 19, Township 7 North, Range 5
East of the Fourth Principal Meridian, Fulton County, Illinois; and
Commencing at the Northeast corner of said Southeast Quarter, running Thence West along the North side of sai~1
Southeast Quarter 820 feet, thence South 2002 feet, thence East 450 feet, thence South 360 feet, thence East 370
feet, thence North along the East side of said Section to the place of beginning, excepting one acre out of the
Northeast corner thereof, which is school ground, situated in the County of Fulton and State of Illinois.
Common Address: 24690-24692 Barker Drive, Canton, Illinois
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C:GUNTY CLERH 8 REC.GRI7ER
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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 are, 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 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, 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 parcels 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 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 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.
DATED: This ~ day of ~Q.- ~, 2008.
s~~~ ( /
~~ ~~~-
Maxhn McCaw ,Landowner
STATE OF ILLINOIS, )
SS.
COUNTY OF FULTON )
~~ ~~
rol McCaw, Landowner
BEFORE me t~j}'s day, a Notary Public, in and for the County in the State aforesaid, personally
appeared C'~ r0) A/l C C/~ ltJ , /Uc~ r~ ~ IU~~~rsonally 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 Notary Seal this IS~F day of ~ ' 2 , 2008.
-~,~~~~, 3~'~~~
Notary Public
OFFlCIALSEAI_
SARAH B. DeKEYREL
NOTMY PUBLIC -STATE OF N1N1018
MY COMMISSION EXPIpE8 44,2011
CITY OF CANTON, ILLINOIS, an Illinois
Municipal rp ratio ,
By:
Rodn .Heinze, ayor
Attest: ~~ ~
Nancy Whit ,City Clerk
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 ~ ' , 2008.
OFFICIAL SEAL ~~~~ /
CAROL E. KOHl.ER Notary Public
NOTARY PUBLIC, STATE OF ILLIN013
MY COMMI8910N EXPIRES 10.2.2010
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065