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HomeMy WebLinkAboutResolution # 3870 - pre-annexation agreement with lyle & ruth massingaleRESOLUTION NO. 3s~o A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND LYLE AND RUTH MASSINGALE. 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 2lstday of octobe_r , 2008, upon a roll call vote as follows: AYES: voice vote was taken and was unanimous. Alderman Lewis was absent. NAYS: ABSENT: ,/~ ~-.-~ APPROVED: Kevin R. Meade, Mayor Attest: aney 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 Lyle and Ruth Massengale, 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 part of the Southwest Quarter of Section 29, Township 7 North, Range 5 East, of the Fourth Principal Meridian, Fulton County, Illinois, described as follows and bearings are for descriptive purposes only: Commencing at the Northwest corner of said Southwest Quarter; thence along the North Line of said Southwest Quarter bearing East, a distance of 822.99 feet; thence bearing South 0 degrees 33 minutes 12 seconds West a distance of 60.00 feet to the Actual Point of Beginning, being on the South right-of--way line bearing East, a distance of 506.38 feet to an existing concrete right-of--way marker at an existing fence; thence along said existing fence bearing South 0 degrees 39 minutes 36 seconds West, a distance of 227.66 feet to an existing fence on the Southerly side of an abandoned roadway; thence along said existing fence bearing North 65 degrees 40 minutes 55 seconds West, a distance of 552.81 feet to the point of beginning; containing 1.323 acres. Situated in Fulton County, Illinois. Common Address: 25222 E. County 27 Highway, 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. •~~ G 7 Lyle Ma singale Ruth Massengale 3 STATE OF ILLINOIS, ) SS. COUNTY OF FULTON ) BEFORE me this day, a Notary Public, in an_ d for the County in the State aforesaid, personally appeared 1- ~ ~ ,personally known to me to be the same persons who execu ed the foregoing agreem nt 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. OFFICIAL SEAL ~~ ~ ~~U2~~ _ , CAROL E. KOHLER I(,e/Z,/ NOTARY PUBLIC, STATE OF tLLNJ019 Notary Public MY COMMISSION EXPIRES 10-2-2010 CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, .- .~ By: ~: Kevin R. Meade, Mayor ~, - Attest: _ Nancy V~ ites, 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 Kevin R. Meade, 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. GI EN under my hand and Notarial Seal this ~~~day of , 20~ OFFICIAL SEAL ~ CAROL E. KOHLER ~~Z~ NOTARY PUBLIC, STATE OF ILLINOIS , MY COMMISSION EXPIRES 10.2-2010 Notary Public ~b82350E, 3AMES I. NELSON COUNTY CLERK 8 RECORDER FULTOH COUNTY. IL REGORUED OH 10/23/200b 10:Qt1:11A?1 REC FEE : 42.0Q1 PAGES: 5 PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Lyle and Ruth Massingale, 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 part of the Southwest Quarter of Section 29, Township 7 North, Range 5 East, of the Fourth Principal Meridian, Fulton County, Illinois, described as follows and bearings are for descriptive purposes only: Commencing at the Northwest corner of said Southwest Quarter; thence along the North Line of said Southwest Quarter bearing East, a distance of 822.99 feet; thence bearing South 0 degrees 33 minutes 12 seconds West a distance of 60.00 feet to the Actual Point of Beginning, being on the South right-of--way line bearing East, a distance of 506.38 feet to an existing concrete right-of--way marker at an existing fence; thence along said existing fence bearing South 0 degrees 39 minutes 36 seconds West, a distance of 227.66 feet to an existing fence on the Southerly side of an abandoned roadway; thence along said existing fence bearing North 65 degrees 40 minutes 55 seconds West, a distance of 552.81 feet to the point of beginning; containing 1.3'L3 acres. Situated in Fulton County, Illinois. Common Address: 25222 E. County 27 Highway, 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, -...y 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. •~~' ~ Lyle Ma singale Ruth Massingale 3 f a STATE OF ILLINOIS, ) SS. COUNTY OF FULTON ) BEFORE me this day, a Notary Public, in an_ d for the County in the State aforesaid, personally appeared . 4- ~ ,personally known to me to be the same persons who execu ed the foregoing agree nt 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. OFFICIAL SEAL CAROL E. KOHLER ~~h~P ~ ~r~ NOTARY PUBLIC, STATE OF ILLINOIS Nota Public MY COMMISSION EXPIRE310-2-2010 ~' CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: r' Kevin R. Meade, Mayor Attest: Nancy ites, 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 Kevin R. Meade, 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. GI EN under my hand and Notarial Seal this ~"~~day of 20~ OFFICIAL SEAL CAROL E. KOHLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10-2-2010 Notary Public .~~ d Prepared by and Return To: CITY OF CANTON 2 N. Main Street Canton, IL 61520 309-647-0065