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HomeMy WebLinkAboutOrdinance #2066 - execution of an annexation agreement with William and Chester Estes _ ,r i . ~ ' ~ 1~4~1 19 , . JA~ES I. NELSUH COUHTY CLERx b REGORDER FULTQN CGUIITY. IL RECORUED aM 08/22/2012 01:97:50PM REG FEE: 60.00 PAGES: 18 ORDINANCE NO. CITY OF CANTON, COUNTY OF FULTON, STATE OF ILLINOIS AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH WILLIAM L. ESTES AND CHESTER L. ESTTS Date Passed: February 6, 2012 Date Posted: February 6, 2012 DO NOT REMOVE FOR 10 DAYS FROM DATE OF POSTING ,~(~,r~~ d- ~~~'tC~.t (l 1 U ~ ~ ~ n~~ .~t~ I~Zv Page 1- Estes Annexation Agreement t ORDINANCE NO. o7U ~ CITY OF CANTON FULTON COUNTY, ILLINOIS AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH WILLIAM L. ESTES AND CHESTER L. ESTES WHEREAS, the Corporate Authorities of the City of Canton, Fulton County, Illinois, an Illinois Municipality, did, on the 6~" day of February, 2012, hold a Public Hearing to consider an Annexation Agreement for the annexation of certain property not presently within the corporate limits of any municipality but contiguous to the City of Canton, said Agreement is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the aforesaid Public Hearing was held pursuant to legal notice as required by law, and all persons desiring an opportunity to be heard were given such opportunity at said Public Hearing; and WHEREAS, William L. Estes and Chester L. Estes (collectively the "owner"), is the legal owner of record of the territory that is the subject of the Annexation Agreement and the owner is ready, willing, and able to enter into that Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, 65 ILCS 5/11-15.1-1, for the execution of the Annexation Agreement have been fully complied with; and WHEREAS, the Corporate Authorities of the City of Canton, Fulton CounTy, Illinois have determined that it is in the best interests of the City of Canton that the subject Annexation Agreement be entered into by the City of Canton. Page 2- Estes Annexation Agreement NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor be, and he is hereby authorized and directed to execute for and on behalf of the City of Canton, and the City Clerk is directed to attest, a document known as "Annexation Agreement" (a copy of which is attached hereto and made a part hereof.) Section 2: That the City Clerk is hereby directed and ordered to publish this Ordinance in pamphlet form and to record a memorandum of the Annexation Agreement with the Recorder of Deeds of Fulton County, Illinois. Section 3: That this Ordinance is adopted pursuant to the statutory authority of the City. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication provided by law. UPON MOTION by Alderman ~ hP n~ ~ , seconded by Alderman ~-r , adopted at a special meeting of the City Council of the City of Canton, Illinois on the 6t" day of February, 2012, by roll call vote as follows: ROLL CALL VOTE: MAYOR AND ALDERMEN AYE NAY ABSENT ABSTA[N Ald. David Pickel Ald. James Hartford `k` Ald. Jeffrey Fritz Ald. Craig West ~X' Ald. Gerald Ellis X' Ald. Justin Nelson Ald. Eric Schenck Ald. Jeremy Pasley x Hon. Kevin Meade, Mayor Page 3- Estes Annexation Agreement APPROVED this 22"d day of August, 2011. % Ho . Kevin eade, Mayor ' EST: Dia uc er, City Clerk PUBLISHED in Pamphlet form this 6t" day o bruary, 2012. Diana Tuc er, City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF FULTON ) I, Diana Tucker, do hereby certify that 1 am the duly elected, qualified and acting Clerk of the City of Canton, the County and State aforesaid, and, as such Clerk, I am the keeper of the records and files of the Mayar and City Council of the City. I do further certify that the attached and foregoing is a true and current copy of: AN ORDINANCE AUTHOR[Z[NG THE EXECUTION OF AN ANNEXATION AGREEMENT WITH WILLIAM L. ESTES AND CHESTER L. ESTES as passed by the City Council of the said City of Canton, Illinois, at a special meeting held on February 6, 2012, and as approved by the Mayor of said City on February 6, 2012. IN WITNESS WHEREOF, I have hereto affixed ial signature and the corporate seal of said City of Canton, Illinois. (SEAL) ~ ~ ~ City C er Page 4- Estes Annexation Agreement STATE OF ILLINOIS ) ) SS Certificate of Pamphlet Publication COUNTY OF FULTON ) I, Diana Tucker, certify that I am the duly elected and acting municipal clerk of the City of Canton, Fulton County, Illinois. I further certify that on February 6, 2012, the Corporate Authorities of the above municipality passed and approved Ordinance No. lc~ ~_Q entitled: AN ORD[NANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH W(LLIAM L. ESTES AND CHESTER L. ESTES which provided by its tern~s that it should be published as required by law. The Pamphlet Form of Ordinance No. 2~1.Q~0 and a cover sheet thereof was prepared, and a copy of the Ordinance was posted in the City Hall, commencing on February 6, 2012 and continuing for at least ten days thereafter. Copies of the Ordinance were also available for public inspection upon request in the office of the municipal clerk. Dated this 6`" day of February, 2012. C ity ~ i Page 5- Estes Annexation Agreement EXHIBIT A WILLIAM L. ESTES AND CHESTER L. ESTES ANNEXATION AGREEMENT Page 6- Estes Annexation Agreement (BACK OF PAMPHLET) Page 7- Estes Annexation Agreement T ANNEXATION AGREEMENT This Agreement is entered into by and between the City of Canton, Fulton County, Illinois, (hereinafter referred to as "City") and William L. Estes and Chester L. Estes (jointly hereinafter referred to as "Owner"), collectively the "Parties". RECITALS 1. The Owner is the owner of record of the premises hereinafter described in Exhibit A, which is attached hereto and by reference made a part hereof, and are referred to herein as the "Premises". 2. The Owner is desirous of having the Premises annexed to the City and the City is desirous of annexing the Premises upon the approval of this Agreement by the City. 3. The Premises are not within the corporate limits of any municipality, but are contiguous to the City. 4. The Owner may desire to connect to City water and sanitary sewer when and if extended, and owner shall have the rights provided herein concerning connection with the water and sanitary sewer. 5. The City intends to create a Tax Increment Financing (TIF) District to include all of the Premises. 6. The Owner is desirous of having the Premises included in the proposed TIF District. 7. The City will undertake to provide all filings and notices required to be given under Section 7-1-1 et seq. of the Illinois Municipal Code (Illinois Compiled Statues, 65 ILCS 24.4-et. seq.). IT IS AGREED AS FOLLOWS: 1. The Owner agrees to petition the City for annexation of the Premises to the City. The City agrees to annex the Premises. Upon such annexation, the City and Owner agee to the following: A. The City agrees that it will not charge Owner any greater fees for the use of City water and sewer than it charges any other similar business or industry. B. The City shall permit the Owner to connect to the City's water and sanitary sewer system, but shall not require such connection for any undeveloped portion of the Premises. In the event all or a portion of the Premises requires potable water and/or septic services, the Owner shall be required to connect to 1 G~ii ' , • the City's water system pursuant to City Ordinance 1794 and Section 8-19-4 of the Municipal Code for that portion of the Premises. C. The City agrees to attempt to create a Tax Increment Financing Redevelopment Area (TIF District) and adopt a Tax Increment Redevelopment Plan and Projects pursuant to the Illinois "Tax Increment Allocation Redevelopment Act" (65 ILCS 5/11-74.4 et. seq., the "Act"), that shall include the Premises. i. For the life of the Annexation Agreement, the City agrees it shall not exclude any portion of the Premises from the redevelopment project area without the Owner's prior consent. ii. As documented by the Illinois Geological Survey, the Premises is characterized by unused and abandoned underground coal mine shafts, thereby qualifying the premises as a"blighted area" pursuant to Section 5/11-74.4-3(a)(3)(a). Pursuant to Section 5/11-74.4-3(~ of the Act, costs relating to the remediation of said blighting conditions are regarded as TIF eligible project costs. D. The City agrees that in the event the TIF District is not established or does not include all of the Premises described in Exhibit A, the Premises shall be disconnected from the City at no cost to the Owner. E. The City agrees to rebate to the Owner one hundred percent (100%) of the increased real estate taxes generated by the City's levy for a period of twenty (20) years from the effective date of the annexation of the Owner's premises, through tax year 2031 payable 2032 or the end of the TIF District, whichever occurs first. This rebate shall be calculated annually by multiplying the equalized assessed value of the undeveloped Premises by the City's levy for annual tax year in which the rebate is being calculated. In the event the Owner accepts TIF benefits for eligible project costs generated from any of its property, connects with City water or sanitary sewer services for any purpose, or sells or transfers title of the Premises for any purpose other than agricultural use, then this rebate shall cease for that portion of the Premises. i. The City shall pay annual real estate tax rebates referenced above to the Owner within 30 days of receiving from the Owner a written request accompanied by photocopies of the paid ~ real estate tax bill(s) for the applicable portion(s) of the Premises. F. The Owner is the sole landowner of property adjacent to the Preinises (currently parcel identification numbers: 09-08-33-100-003 and 09-08-28- 300-013) that is not included in the proposed TIF District and is not annexed 2 to the City. Upon approval of a TIF Pre-Development Agreement, the City shall at the request of the Owner, agree to annex said property and shall make a good faith effort to amend the TIF District at no cost to the owner to include said unannexed property, if permitted by the TIF Act, the Municipal Code and any other applicable statutes. G. The City agrees to allow the Owner to continue to use the Premises for agricultural purposes and agrees that any zoning changes shall apply only to a developed portion of the Premises and shall not prohibit the remaining undeveloped portions from being used for agriculture purposes. H. If any portion of the Premises is not developed by the Owner within the time period of this Annexation Agreement (20-years from the effective date of the annexation of the Owner's premises, through tax year 2031 payable 2032 or the end of the TIF District, whichever occurs first), then the City agrees that the Owner may disconnect the undeveloped portion of the Premises from the City at no expense to the Owner. L All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the Party or an officer, agent or attorney of the Party, and shall be deeined to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid addressed as follows: To City: Canton City Clerk with copy to: Jacob & Klein, Ltd 2N. Main Street 1701 Clearwater Ave. Canton, Illinois 61520 Bloomington, Illinois 61704 To Owner: William L. Estes and Chester L. Estes 13 Waterfall Drive Box 276-202 Austin, Texas 78738 E. Hubert St. Ashkum, Illinois 60911 This Agreement is declared to be enforceable by the parties for a period of twenty (20) years from the date of the passage of the annexation ordinance contemplated by this Agreement. This Agreement is further binding upon the present Owner, its heirs, successors or assigns and upon the City and its designated corporate authorities and its successors in office. The rights and obligations of the Owner under this Agreement shall be fully assignable by means of written notice to the City. The City shall not unreasonably withhold its consent provided that the assignment relates only to any portion of the Premises sold or transferred and zoned for 3 GL~(/ agricultural use. No such assignment shall be deemed to release the Owner or assignee of its obligations to the City under this Agreement unless the specific consent of the City to release the Owner's obligations is first obtained in writing. Upon expiration of the term of this Ageement, this Agreement may be amended to extend the term of this Agreement, but only by mutual consent of the Parties. [The balance of this page is intentionally blank.J 4 L~~ CITY OF C , LLINOIS OWNE . . By. / Mayor Willi . stes Dated: ~ /2 Dated: ~ ~ ATT By: City erk Chester L. Estes Dated: Dated: H:ACANTON\CANTON 2 RT9-Chest~mt St\Annecations\Anneaation Aereement Estes Final Clean Draft 013012.docx 5 ~~'"!j CITY OF CANTON INOIS OWNER: i By: Ma or William L. Estes Dated: / Dated: ATTES • ~ By: C~. ~l~~R~, - erk Chester L. Estes Dated: Dated: ~~~r- ~ l H:\CANTON\CANTON 2 RT9-Chestnut SNAnne~ations\Annexatiou A¢rce~ucnt Estes Final Clean Draft 013012.docx 5 y . ' ~ . ~ ' EXHIBIT A WILLIAM L. ESTES AND CHESTER L. PREMISES LEGAL DESCRIPTION: 09-08-28-300-025: A part of the Southwest Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, further described as follows: Commencing at the southeast corner of the Southwest Quarter of said Section 28; thence in a westerly direction, along the south line of said Southwest Quarter, 330 feet to the southwest corner of a 1 acre parcel described in Warranty Deed recorded as document #03-30578 in the Fulton County Recorders Office, and being the Point of Beginning of the area to be annexed. From the point of beginning thence northerly, parallel to the east line of said Southwest Quarter 496 feet to a point in the south line of a parcel described in Warranty Deed recorded in book 1365 page 199-200 (Doc. #95-70930) Fulton County Recorders Office; thence westerly along the south line of said parcel to the southwest corner of said parcel; thence northerly, parallel to the east line of said Southwest Quarter, 1222.73 feet; thence northwesterly to a point in the south line of Parcel 1 as described in Warranty Deed recorded as document #02-18045 Fulton County Recorders Office said point being 42.42 feet westerly of the southwest corner of the Canton Moose Lodge property; thence westerly along the south line of Parcel 1 to the southwest corner of said Parcel 1; thence northerly along the west line of said Parcel 1 to the southeast corner of a parcel described in Warranty Deed recorded as document #03-28166 Fulton County Recorders Office; thence westerly along the south line of said parcel to the southwest corner of said parcel; thence northerly along the west line of said parcel to a point in the south Right-of-Way line of Illinois State Route 9; thence westerly along the south ROW line of said Route 9 to the northeast corner of a parcel designated as Tract 3 as described in Warranty Deed recorded as document #OS-47472 Fulton County Recorders Office; thence southerly along the east line of said Tract 3 and the east line of a parcel described in Warranty Deed recorded in book 1394 pages 204-206 (Doc. #96-74151) Fulton County Recorders Office to the southeast corner of said parcel, said point being in the south line of said Southwest Quarter; thence easterly along the south line of said Southwest Quarter to the Point of Beginning 09-08-28-300-027: SECT: 28, TWP: 07, REINGE: 04 PT NE SW 6 GJ"[~ . \ i~ . ,s~ ~ PETITION FOR ANNEXATION TO: Planning & Zoning Commission, Mayor and City Council of the City of Canton, Fulton County, Illinois The Petitioners, William L. Estes and Chester L. Estes, respectfully states under oath: l. Petitioners are the sole owner of record of the following legally described land (Tract), PIN Nos. 09-08-28-300-025 and 09-08-28-300-027, bounded by Illinois Route 9 on the North: 09-08-28-300-025: A part of the Southwest Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, illinois, further described as follows: Commencing at the southeast corner of the Southwest Quarter of said Section 28; thence in a westerly direction, along the south line of said Southwest Quarter, 330 feet to the southwest corner of a 1 acre parcel described in Warranty Deed recorded as document #03-30578 in the Fulton County Recorders Office, and being the Point of Beginning of the area to be annexed. From the point of beginning thence northerly, parallel to the east line of said Southwest Quarter 496 feet to a point in the south line of a parcei described in Warranty Deed recorded in book 1365 page 199-200 (Doc. #95-70930) Fulton County Recorders Office; thence westerly along the south line of said parcel to the southwest corner of said parcel; thence northerly, parallel to the east line of said Southwest Quarter, 1222.73 feet; thence northwesterly to a point in the south line of Parcel 1 as described in Warranty Deed recorded as document #02-18045 Fulton County Recorders Office said point being 42.42 feet westerly of the southwest corner of the Canton Moose Lodge property; thence westerly along the south line of Parcel 1 to the southwest corner of said Parcel 1; thence northerly along the west line of said Parcel 1 to the southeast corner of a parcel described in Warranty Deed recorded as document #03-28166 Fulton County Recorders Office; thence westerly along the south line of said parcel to the southwest corner of said parcel; thence northerly along the west line of said parcel to a point in the south Right-of-Way line of Illinois State Route 9; thence westerly along the south ROW line of said Route 9 to the northeast corner of a parcel designated as Tract 3 as described in Warranty Deed recarded as document #OS-47472 Fulton County Recorders Office; thence southerly along the east line of said Tract 3 and the east line of a parcel described in Warranty Deed recorded in book 1394 pages 204-206 (Doc. #96-74151) Fulton County Recorders Office to the southeast corner of said parcel, said point being in the south line of said Southwest Quarter; thence easterly along the south line of said Southwest Quarter to the Point of Beginning. 09-08-28-300-027: SECT: 28, TWP: 07, RANGE: 04 PT NE SW 2. The Tract is not situated within the limits of any municipality but is contiguous to the City of Canton. [1] G~~ ~ , , 3. There are no electors residing in the Tract. 4. The foregoing statements of fact are true to the best of Petitioners' knowledge and information. Petitioners respectfully request: A. That the above-described Tract be annexed to the City of Canton by ordinance of the Mayor and City Council of the City of Canton, pursuant to Section 7-1-8 of the Illinois Municipal Code, as amended. B. That the above-described Tract be zoned AG-1, Agriculture. C. That such other action be taken as set forth in the Annexation Agreement. [The balance of this page is intentionally left blank.J ~2~ ~V G-' .r , , Fe.brue..r Dated this day of3~y, 12. Owner: ~ By William L. es ATTEST: I o-f-a-?' i~ u,b I~~C Title ~M SU RIBED l~I~D SWORN T(,~~Y~ LIS/? MARIE SPENCER ef r'me this day 2 2. MY Comml~bn Expina Mwch 14, Z012 a+~ a-1c (.n- ~1C~ Notary Public By Chester. L. Estes ATTEST: Title SUBSCRIBED AND SWORN TO before me this day of January, 2012. Notary Public [3] G~~ ' ~ ~ Dated this day of January, 2012. Owner: By William L. Estes ATTEST: Title SUBSCRIBED AND SWORN TO before me this day of January, 2012. Notary Public By ~.~~1.~-L-~,e~,,~ ~ , . Chester. L. Estes ATTEST: ` L~c~^~ ~Cc S~~ Tltle ~ ' ~~Ci~ aS~. SUBSCRIBED AND SWORN TO before me this da of Janua 2012. NOTARY PUBIJC, STATE OF IWNOIS y n'~ MY COMMISSION IXPIRES 7/03/2014 1 , c Notary ublic [3]