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Home My WebLink AboutResolution # 3859 - pre-annexation agreement with ray & emily cleern RESOLUTION NO. 3559 A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND RAY AND EMILY CLEER. 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 20th day of ~Y , 2008, upon a roll call vote as follows: AYES: A motion was done by voice vote, and eras unanimous , NAYS: None, ABSENT: One, due to Alderman ~Mlrade becoming T'~ayor. ~ ,.-; APPROVED: ~ ~ ~ ~ ~ --~ Mayor Attest: /~ A ~ w Na cy Wh' s, City Clerk ~08~c'.r~~6c' JAMES I. NELSQH GQUNTY CLEkK 8 RECORDEk FULTQN CQUKTY. IL kECQRDED ON 05/19/G0Q!£i 10:12:~43A1i ffEC FEE: 91.00 PAGES: 5 PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Ray and Emily Cleer, husband and wife, 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: A parcel of a little over one (1) acre in the West Half of the Northwest Quarter of Section 29, Township 7 North, Range 5 East of the Fourth Principal Meridian, more particularly described as Tract B as follows: The Point of Beginning is the Northeast corner of Tract A, the following parcel: Tract A All that part of the West Half of the Northwest Quarter of Section 29, Township 7 North, Range 5 East of the Fourth Principal Meridian, lying North and West of Township Road #514, now vacated, and said vacated portion of said Township Road #514, all as shown by the record of said road vacation proceedings recorded in the Office of the Recorder of Fulton County, Illinois, as Instrument No. 74-35114, in Volume 806, at page 286, the plat of said premises above described appearing at page 288; (Tract A is shown herein for reference purposes only.) Tract B From the above described point of beeinnin¢ The Northeast corner of Tract A described above, thence North to the center of Middle Lake Road, thence running East along the center line of Middle Lake Road, formerly Township Road numbered 165, a distance of 210 feet; thence South 225 feet to an iron pin; thence West 210 feet to an iron pin, which point is also the East line of Tract A; thence North 17 degrees 00 minutes East a distance of 225 feet along the boundary line of Tract A to the point of beginning; Part of PIN 10-09-29-100-001 Common Address: 25071 E. Middle Lake Road, 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 ~tl day of 2008. Ray Cle ,Landowner STATE OF ILLINOIS, ) SS. COUNTY OF FULTON ) Emily Cle Landow r BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally appeared Ray and Emily Cleer, 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 2008. o~a=lclAt. sEnL ~ CAROL E. KOHLER Nota NOTARY PUBLIC, STATE OF ILLIN013 ry Public MY COMMISSION EXPIRES 10.2.2010 CITY OF CANTON, ILLINOIS, an Illinois Municipal oration,/ I BYw ,~ r + Nancy hites, City Clerk . Heinze, 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. k GLEN under my hand and Notarial Seal this ~ day of 20~ OFFICIq~ SEAL CAROL E. KOHlER NOTARY PU811C, STATE OF ILLINOIS AIY C0111AtISSION EXPIRES 10-2.2010 Notary Public Prepared by and Return To: CITY OF CANTON 2 N. Main Street Canton, IL 61520 309-647-0065