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HomeMy WebLinkAboutResolution #5392 - pre-annexation agreement with Byron and Amanda Kinne • RESOLUTION NO. Z A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND BYRON AND AMANDA KINNE. . WHEREAS,the City of Canton, Illinois (the"City") owns and operates a water main system located near real property owned by Byron L. Kinne and Amanda S. Kinne at 24996 Shanlee Drive, Canton,Illinois 61520 (the"Property"); WHEREAS,the Property is not currently annexed into the City; WHEREAS,Byron and Amanda Kinne desire to connect to the City's water supply system; 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 with Byron and Amanda Kiane be approved and entered into by the City prior to providing any water services to Byron and Amanda Kinne; WHEREAS, pursuant to Section 11-15.1-3 of the Illinois Municipal Code (65 ILCS 5/11- 15.1-3), notice was published not more than 30 days nor less than 15 days prior to a public hearing regarding.the Pre-Annexation Agreement; WHEREAS, the City properly held a public hearing on October 4, 2022, prior to the adoption of this Resolution approving the Pre-Annexation Agreement. 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 day of ,2022,upon a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED: Kent A. McDowell,Mayor Attest: Andi Walters,Acting City Clerk Prepared by and Return To: CITY OF CANTON 2 N. Main Street Canton, IL 61520 309-647-0065 ****************************************************************************** PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT ("Agreement"), made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and BYRON L. KINNE AND AMANDA S. KINNE, individually and on behalf of their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners." Landowners are hereby collectively representing and warranting that she owns one hundred percent (100%) of the Real Property located at 24996 Shanlee Drive, Canton, Illinois 61520,which is more fully described below. WITNESSETH: WHEREAS, Landowners are the owners of a certain real property located in Fulton County, Illinois, and being more particularly described as follows (hereinafter the "Real Property"): Lot 16 in Englewood Acres Subdivision, Second Extension,in Fulton County,Illinois, according to the plat thereof recorded May 10, 1977 in Plat Book 7,Page 36,and Certificate of Error recorded June 8, 1977 as Document No.77-54070,situated in • Fulton County,Illinois. Tax ID No. 10-09-19-407-004 Common Address: 24996 Shanlee Drive,Canton,Illinois 61520 WHEREAS, there is an existing water supply main located adjacent and contiguous to the Real Property; and, WHEREAS, said water supply main belongs to and is operated, owned and furnished by the City; and, WHEREAS, the City has adopted a policy of not extending city services, such as water service,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 water supply services, and particularly water supply services which are, at the present time, easily extendible to the Real Property; and, 1 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 connect to said water supply, subject to applicable laws, ordinances, and regulations, and the City further agrees to furnish water supply services to the Real Property for residential purposes only once the necessary connections are completed. 2. OUT OF TOWN RATE: Landowner agrees to pay to the City of Canton any water rates for out-of-town users/landowners, which may be established by the City from time-to-time. In the event the City does not establish a separate out-of-town rate, then the Landowner shall pay the same rate for water services as Canton residents. 3. INSTALLATION: Landowners agree to pay any and all installation expenses, tap fees, connection fees, and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of water supply service 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 or utilities. 4. ANNEXATION: In consideration of the foregoing extension of and furnishings of water service to the Real Property owned by Landowners, the 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 Property, 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, and so that said real estate is capable of being annexed to the City of Canton under the then existing Illinois State Statutes, and the City of Canton desires to annex the Real Property, Landowners, individually, and for their successors in title, will immediately cause to be prepared and filed with the City of Canton a petition for annexation for the Real Property and proceed through normal procedural channels to have such property annexed to the City of Canton, Illinois. These 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 Property hereinabove described for the term set out in the following paragraph. 5. TERM: This Agreement and the covenants contained in the foregoing paragraph, shall be deemed a covenant to run with the land as aforesaid and shall continue to be covenants 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. 2 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 provide further water service to Landowner, or her 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 Landowners, and their successors . in interest, shall be charged the water rate from time-to-time prevailing generally throughout the City of Canton. 8. RELEASE: Upon the annexation of the Real Property 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. Landowner 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. [SIGNATURE PAGE TO FOLLOW] 3 DATED: This day of ,2022. BYRON L. KINNE,Landowner Amanda S. Kinne, Landowner 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 BYRON L. KINNE AND AMANDA S. KINNE, 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 Notary Seal this day of , 2022. Notary Public CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: Kent A. McDowell, Mayor Attest: Andi Walters, Acting City Clerk STATE OF ILLINOIS, ) ) SS. COUNTY OF FULTON ) 4 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 Andi Walters, personally known to me to be the Acting 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 ,20 Notary Public 5 RESOLUTION NO. j 2 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND BYRON AND AMANDA KINNE. WHEREAS,the City of Canton, Illinois (the"City") owns and operates a water main system located near real property owned by Byron L. Kinne and Amanda S. Kinne at 24996 Shanlee Drive, Canton,Illinois 61520 (the"Property"); WHEREAS,the Property is not currently annexed into the City; WHEREAS,Byron and Amanda Kinne desire to connect to the City's water supply system; 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 with Byron and Amanda Kinne be approved and entered into by the City prior to providing any water services to Byron and Amanda Kinne; WHEREAS, pursuant to Section 11-15.1-3 of the Illinois Municipal Code (65 ILCS 5111- ,15.1-3), notice was published not more'than 30 days nor less than 15 days prior to a public hearing regarding the Pre-Annexation Agreement; WHEREAS, the City properly held a public hearing on October 4, 2022, prior to the adoption of this Resolution approving the Pre-Annexation Agreement. 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. L PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this_YA day of OCjr-b&it 2022,upon a roll call vote as follows: AYES:41P&Pf t5oAu5 C'f�am6eel:N, Lauel l�tdare,FrZ'rZ,L�n�u�F�irer�, C�roSs�rT` NAYS: D ABSENT:AbDFJ sows Idesr oJe_lsak) APPROVED: "d A C.'R tent A.Mc ell,Mayor Atte 4diWalters,Acting City Clerk Prepared by and Return To: CITY OF CANTON 2 N. Main Street Canton, IL 61520 309-647-0065 PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT ("Agreement"), made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and BYRON -L. KINNE AND AMANDA S. KINNE, individually and on behalf of their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners." Landowners are hereby collectively representing and warranting that she owns one hundred percent (100%) of the Real Property located at 24996 Shanlee Drive, Canton, Illinois 61520,which is more fully described below. WITNESSETH: WHEREAS, Landowners are the owners of a certain real property located in Fulton County, Illinois, and being more particularly described as follows (hereinafter the "Real Property"): Lot 16 in Englewood Acres Subdivision, Second Extension, in Fulton County,Illinois, according to the plat thereof recorded May 10, 1977 in Plat Book 7,Page 36,and Certificate of Error recorded June 8, 1977 as Document No. 77-54070,situated in Fulton County,Illinois. Tax ID No. 10-09-19-407-004 Common Address: 24996 Shanlee Drive,Canton,Illinois 61520 WHEREAS, there is an existing water supply main located adjacent and contiguous to the Real Property; and, WHEREAS, said water supply main belongs to and is operated, owned and furnished by the City; and, WHEREAS, the City has adopted a policy of not extending city services, such as water service,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 water supply services, and particularly water supply services which are, at the present time, easily extendible to the Real Property; and, 1 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 connect to said water supply, subject to applicable laws, ordinances, and regulations, and the City further agrees to furnish water supply services to the Real Properly for residential purposes only once the necessary connections are completed. 2. OUT OF TOWN RATE: Landowner agrees to pay to the City of Canton any water rates for out-of-town users/landowners, which may be established by the City from time-to-time. In the event the City does not establish a separate out-of-town rate, then the Landowner shall pay the same rate for water services as Canton residents. 3. INSTALLATION: Landowners agree to pay any and all installation expenses, tap fees, connection fees, and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of water supply service 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 or utilities. 4. ANNEXATION: In consideration of the foregoing extension of and furnishings of water service to the Real Property owned by Landowners, the 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 Property, 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, and so that said real estate is capable of being annexed to the City of Canton under the then existing Illinois State Statutes, and the City of Canton desires to annex the Real Property, Landowners, individually, and for their successors in title, will immediately cause to be prepared and filed with the City of Canton a petition for annexation for the Real Property and proceed through normal procedural channels to have such property annexed to the City of Canton, Illinois. These 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 Property hereinabove described for the term set out in the following paragraph. 5. TERM: This Agreement and the covenants contained in the foregoing paragraph, shall be deemed a covenant to run with the land as aforesaid and shall continue to be covenants 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. 2 I 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 provide further water service to Landowner, or her 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 Landowners, and their successors . in interest, shall be charged the water rate from time-to-time prevailing generally throughout the City of Canton. 8. RELEASE: Upon the annexation of the Real Property 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. Landowner 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. [SIGNATURE PAGE TO FOLLOW] 3 ••• 1111I1111.101KWIti 4233548 2.0417 1 Prepared by and Return To: CITY OF CANTON PATRICK O'BRIAN 2 N.Main Street COUNTY CLERK & RECORDER Canton,IL 61520 FULTON COUNTY, IL 309-647-0065 RECORDED ON 10/14/2022 09:37 AM RECORDING FEE 67.00 PAGES: 5 ****************************************************************************** PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT ("Agreement"), made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and BYRON L. KINNE AND AMANDA S. KINNE, individually and on behalf of their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners." Landowners are hereby collectively representing and warranting that she owns one hundred percent (100%) of the Real Property located at 24996 Shanlee Drive, Canton, Illinois 61520,which is more fully described below. WITNESSETH: WHEREAS, Landowners are the owners of a certain real property located in Fulton County, Illinois, and being more particularly described as follows (hereinafter the "Real Property"): Lot 16 in Englewood Acres Subdivision,Second Extension,in Fulton County,Illinois, according to the plat thereof recorded May 10,1977 in Plat Book 7,Page 36,and Certificate of Error recorded June 8,1977 as Document No.77-54070,situated in Fulton County,Illinois. Tax ID No. 10-09-19-407-004 Common Address: 24996 Shanlee Drive,Canton,Illinois 61520 WHEREAS, there is an existing water supply main located adjacent and contiguous to the Real Property;and, WHEREAS, said water supply main belongs to and is operated, owned and furnished by the City;and, WHEREAS, the City has adopted a policy of not extending city services, such as water !, service,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 water supply services, and particularly water supply services which are, at the present time, easily extendible to the Real Property;and, 1 • 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 connect to said water supply, subject to applicable laws, ordinances, and regulations, and the City further agrees to furnish water supply services to the Real Property for residential purposes only once the necessary connections are completed. 2. OUT OF TOWN RATE: Landowner agrees to pay to the City of Canton any water rates for out-of-town users/landowners, which may be established by the City from time-to-time. In the event the City does not establish a separate out-of-town rate, then the Landowner shall pay } the same rate for water services as Canton residents. 3. INSTALLATION: Landowners agree to pay any and all installation expenses, tap fees, connection fees, and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of water supply service 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 or utilities. 4. ANNEXATION: In consideration of the foregoing extension of and furnishings of water service to the Real Property owned by Landowners,the 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 Property, 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, and so that said real estate is capable of being annexed to the City of Canton under the then existing Illinois State Statutes, and the City of Canton desires to annex the Real Property,Landowners, individually, and for their successors in title, will immediately cause to be prepared and filed with the City of Canton a petition for annexation for the Real Property and proceed through normal procedural channels to have such property annexed to the City of Canton, Illinois. These 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 Property hereinabove described for the term set out in the following paragraph. 5. TERM: This Agreement and the covenants contained in the foregoing paragraph, shall be deemed a covenant to run with the land as aforesaid and shall continue to be covenants 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. 2 { 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 provide further water service to Landowner,or her 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 Landowners, and their successors in interest, shall be charged the water rate from time-to-time prevailing generally throughout the City of Canton. 8. RELEASE: Upon the annexation of the Real Property 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. Landowner 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. [SIGNATURE PAGE TO FOLLOW] 3 DATED: This I l _ day of t CAT 6x-- _ .:,.2022. .. knaviti. , j 6ttiid B NL.KINNE,Landowner - Amanda.S.Kinne,Landowner I 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 BYRON L. KINNE AND AMANDA S. KINNE, 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 Notary. Seal this t day, ofQI/ ,2022. I! OFFICIAL SEAL _ ` n [' �, e`D CAROL E KOHLER Notary Public" - ' NOTARY PUBLIC,STATE OF ILLINOIS ' W COMMISSION EXPIRES:101024028 CITY OF CANTON,ILLINOIS, an Illinois Municipal Corporation, r �_ :f• i By:_' _ ; ' q./"`, _ A A.McDowell ayor. fot&Attest: G7/ ( Andi Walters,Acting City Clerk STATE OF ILLINOIS, ) ) SS. COUNTY OF FULTON ) 4 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 Andi Walters, personally known to me to be the Acting 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 I(._. day of; ,20 Notary;Public OfFiCtAL SEAL CAROL.E KOHLER NOTARY PUBLIC.STATE OF ILLINOIS MY COMMISSION EXPIRES:10/021207e :r- 5