HomeMy WebLinkAboutResolution #4008 - pre-annexation agreement with brian beckham RESOLUTION NO. 4008
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND BRIAN BECKHAM.
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 6th day of November, 2012, upon a roll call vote as follows:
AYES: Aldermen Pickel, Hartford, Schenck, Pasley, West, Fritz, Ellis
NAYS: None
ABSENT: Alderman Nelson
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APPROVED: ~
Kevin R. eade, Ma or
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Att t: ~
Diana Pavley, ity Cle
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, 1 ~5Qi70 1
JAHES I. HELSOA
COUHTY CLERK 8 RECQRDER
FULTOH CQUATY, IL
RECQRDED OA
li/08/2012 10:9g:31AM
REG FEE : 47. 00
PAGES: 5
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PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as"City" and Brian Beckham, his heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that he is all (100%) of the owners of the following
described real property,
WITNESSETH:
WHEREAS, Landowner is 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 Northeast Quarter of Section 15, Township 7 North, Range 4 East of the
Fourth Principal Meridian, described as follows:
From an iron pin at t6e North 1/16~' Corner of Section 15, Town and Range aforesaid,
running thence easterly along the North 1/16~` line of said Section 15, 674.3 Feet, more or
less, to the centerline tangent of State Bond Issue 78, thence South 8 D~grees 58 Minutes
West along said centerline 220.5 Feet to the Point of Beginning, from the Point of
Beginning, thence South 89 Degrees 10 Minutes West 183 Feet, thence South S Degrees 58
Minutes West 80 Feet, thence South 43 Degrees 13 Mfnutes East 175.4 Feet, thence North
89 Degrees, 10 Minutes East 33 Feet, thence North 8 Degrees 58 Minutes East 200 Feet to
the Point of Beginning, excepting that part of the above described premises heretofore
deeded to the State of IDinois for highway purposes, situated in the Township of Canton, in
the County of Fulton, State of Illinois.
Common Address: 2068 N. Main Street, Canton, Illinois
P.I.N.#09-08-15-201-010
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner; 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, Landowner desires to annex to the City of Canton in arder to obtain said
city services, and particularly water services which are, at the present time, easily extendible to
their real estate; and,
WHEREA5, Landowner is not yet contiguous to the City of Canton and, under the
Stalutes 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 Landowner for himself, assigns and
successors in title, do hereby agree as follows:
1. CITY'S WATER: 1'he City hereby agrees to allow Landowner 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 Landowner once the tap and necessary hookups are completed.
2. DOUBLE RATE: Landowner agrees 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: Landowner agrees 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. Landowner also agrees 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 Landowner hereby covenant and agree for
himself, his 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, Landowner, individually, and
for his 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 Landowner for his 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 prernises 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 Landowner, or his
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 Landowner, and his 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. Landowner shall reimburse the City for any recording fees
expended therefore by the City.
! 0. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and
successors in title of the parties hereto.
DATED: This f~ day of C I-0 ~ r , 2012.
~
Brian Beckham
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 Brian Beckham, personally known to me to be the same person who
ezecuted the foregoing agreement and that he acknowledged that he executed and delivered
said agreement as his free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this ~ day of . , 2012.
OFFICIAL SEAL
DEBORAH A. MEI8TER Notary Public
NOTARY PUBIJC • 91'ATE OF ILUNOIS
MY COMMISSION EXPIAES 10•07-2014
CITY OF CANTON, ILLINOI5, an I1Gnois
Municipal Corporatio ,
~
By:
Kevin . Meade, May r
Attes :
Diana Pavley, City C
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 Cantoa, Illinois and Diana Pavley, 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 aad that they acknowledged that they ezecuted 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
K, ~
pFFIC1AL~SEAI Notary Public
CO~ROL E KOHIER
NOTARY PU81~C • STATE OF ILLIN0IS
M'/ GOMWNSS~ON~IRES:40~02114
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065