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Home My WebLink AboutResolution #3680r RESOLUTION NO. 3680 A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND ALEX GONZALEZ 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 similaz 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 aze 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 3rd day of February ~ 20 04 , upon a roll call vote as follows: AYES: Aldermen Hartford, West, Sarff, Hann, Carl, Fillin~am, Reed. NAYS: None . ABSENT: Alderman. Nlollecl:.. APPROVED: Jer M. Bohler, Mayor Attest: ancy 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 Alex Gonzalez, a single person 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 descn~bed real property, WITNESSETH: WHEREAS, Landowners are the owner of a certain residential lot located in Canton, Fuhon County, Illinois, said lot being more particularly described as follows: Commencing at a point on the North right of way line of the extension of East Walnut Street which point is 126 feet East of the Southwest corner of the east half of the South half of the Southwest Quarter of the Southeast Quarter of Section 26, Township 7 North, Range 4 East of the Fourth Principal Meridian, and approximately 16 feet North of the center line of said Extension of east Walnut street, and running thence North along the existing fence line 161.5 feet, thence East 121.5 feet, thence South 177.5 feet, more or less, to the center line of said street, thence West 121.5 feet, thence North 16 feet, more or less to the place of beginning. Permanent Index Number: 09-08-26-408-025 Common Address: 1301 E. Walnut, 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, their heirs, administrators, executors, 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 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 chazge 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 descnbed real estate, that within sixty (60) days after being given written notice by the City of Canton, Illinois, that the real estate, hereinabove descnbed, 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 prepazed and filed with the City of Canton a petition for annexation for the pazcel 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 descnbed for the teen 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 descn'bed 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. 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 Landowners, or their successors Covenant. to furnish or sell further water to in title who are in violation of the 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 heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. 3 DATED: This ~~ day of ~~B ~' U ~ 20 0 ~_. Alex Go z, Lan er CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: Jerry M. ohler, Mayor Attest: a ~ ancy 'tes, 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 Alex Gonzalez, 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 Notarial Seal this o?,~day of "OFFICIAL EAL" Pamela S. Smith Notary Public, State oflllinois My Commission Exp, 08/17/2005 4