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Home My WebLink AboutResolution #4044 - pre-annexation agreement with byron tindall RESOLUTION NO. yI�'`�� A RESOLUTION APPRUVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND BYRON TINDALL. 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 Councit has made a similar determination. NOW, THEREFORE, BE IT RESOL'�ED BY THE CTTY 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�day of !�. ��be�,2013,upon a roll call vote as follows: AYES• A�.��r+�-��•v ��e� LOv�ll, �.��5� �1�t5�N IV�r�S �� e�el , ,.�.�wn l�e(�I�� pl,l,�t-►ch. �e�-� NAYS: ��'� � ABSENT: /�,Ont— APPROVED: Je rey A.r •� ayor Attest• C/t D' avle -Rock, ty Clerk ��****�****�*****�*�*�*��**�*��******��*��*�***�*�*�*************�*** PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY 4F CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Byron Tindall, his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner", collectively representing that he is all (140%) of the owner of the £ollowing described real property, WITNESSETH: WHEREAS, Landowner is the owner of a certain residential lot located in Canton, Fulton County,Iilinois,said lot being more particularly described as follows: SECT: 33 TWP: 07 RANGE: 04 PT NE BEG SE COR W 431.15 N 580.63 NELY ON S LINE HWY TO PT UN SEC LINE 777.65 N OF POBS OF P OB EX 38A Part of PIN 09-08-33-206-01.9 Common Address: 540 W.Hickory, Canton,IL 61520 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 order to obtain said city services, and particularly water services which are, at the present time, easily extendible to their real estate; and, WHEREAS, Landowner is 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 Landowner for himself, assigns and successors in title,do hereby agree as follows: 1. CITY'S WATER: The Ciry hereby agrees to a11ow 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 Ca.nton 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: Particulazly 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#itle 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 heing 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 he 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 ha.ve covenants herein made by Landowrter 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. S. TERM: This agreement, and the covenant, contained in the foregoing paragraph, shall be deemed a covenant to run with the land as aforesaid and sha11 continue to be a covenant running with the land and binding the land and all successors in title until an annexation ardinance 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 sha11 the annexation of any part af the foregoing premises in any way affect or release the covenant on the remaining part of the prernises,which is not annexed,to the City of Car�ton. 6. DEFAULT: In the event an annexation petitian 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 violatian of the covenant. 7. RATE: In the event the property becomes contiguous and is annexed to the Ciry of Canton as provided in this agreement, then, and in that event, upon the signature of the Mayar 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 Ciry of Canton. 8. RELEASE: Upon the annexation of the premises herein, or a part thereof,the covenants rurming with the land as hereinabove set out shail 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, upan the adaption of this agreement or the ratificarion af this agreement by the City Council, shall cause ihis 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. 10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and successors in title of the parties hereto. DAT is . da of ��"''''�l ,2013. Y r' r yro indall STATE OF ILLINOIS, ) ) SS. COUNTY OF FULTON ) BEFURE me this day,a Notary Public, in and for the County in the State aforesaid, personally appeared Byron Tindall,personally known to me to be the same person who executed'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 $�l ,2013. OFFICW.SEAL � � �� CAROL E KOHLER � '`-'�=. - ��L�'/�, NOTARY PUBLIC•STAI'E QF iLUN01S Notary Public MV COA�AMSSION EXPIRES't0102!1= CITY UF CANTON,ILLINOIS,an Illinois Municipal Corporation, � By: / 1_.i.��i?'�� Je rey A. ' ,Mayor Attest: C� Dian avley- ock,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 Jeffrey A. Fritz,personally known to me to be the Mayor of the City of Canton,Illinois and Diana Paviey-Rock, personally known to me to be the City Clerk of the City of Canton, personatly 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 Notarial Seal this day of , 20 Notary Public Prepared by and Return To: CITY OF CANTON 2 N.Main Street Canton,IL 61520 309-647-OU65 '_ ,� . ' � 1 �S?�,�5 " JA?fES I. NELSQN COUNTY CLERK � kEGCtFtI>ER FULTC�N CCtUNTY, I L kECOkIrEU C1N l l i27/��d13 10:�9:�flA?l REC FEE: 46.00 PAGES: 9 *��*��*��****��**�*��*��*��*��*��*��*�*� PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Byron Tindall, his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner", collectively representing that he is all (100%) of the owner 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: Parcel II All that part of the Northeast Quarter of Section 33,Township 7 North,Range 4 East of the Fourth Principal Meridian,Canton,Fulton County,Illinois lying South of the public road and described as follows: Commencing at the Southeast corner of said Quarter Section,thence running West 26 rods and 13 links,thence North 35 rods and 191inks,thence in a Northeasterly direction to a point on the East line of said Quarter Section,47 rods and 13 links North of the place of beginning,thence South on the East line to the place of beginning. EXCEPT: A part of the Northeast Quarter of Section 33,Township 7 North,Range 4 East of the Fourth Principal Meridian, described as follows: Beginning at the Southwest Corner of Lot No. 16, Herink's Addition,running thence South 22 degrees 51 minutes East 34 feet:thence North 58 degrees 28 minutes East 130.20 feet;thence North 0 degrees 07 minutes East 168.40 feet thence on a curve to the left with a radius of 5664.58 feet and an arc of 97.20 feet; thence South Odegrees 00 minutes West 162.77 feet;thence South 67 degrees 09 minutes West 34.84 feet to the point of beginning. PIN: 09-08-33-206-019 Common Address: 540 W. Hickory, Canton,IL 61520 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 order to obtain said city services, and particularly water services which are, at the present time, easily extendible to their real estate; and, WHEREAS, Landowner is 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 Landowner for himself, assigns and successors in title, do hereby agree as follows: 1. CITY'S WATER: The 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 he will immediately cause ta 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 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 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 adaption 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. 10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and successors in title of the parties hereto. DAT . is da of ��'""'"�l 2013. Y � � , yro indall � � 4� . . �, 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 Byron Tindall, personally known to me to be the same person who executed 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 f��l ,2013. � �� `�� OFFICIAL SEAL CAROL E KOHLER NQTARY PUBL�C-STA7E OF ILLINOIS Notary Public My�p�,�lq$S1pN EXPIRES 10102'i= ,,. CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: ,- ,,��" Jef re " A itz, Mayor _/ Attest: �-<< _ Diana vley-Rock, ity k 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 Jeffrey A. Fritz, personally known to me to be the Mayor of the City of Canton, Illinois and Diana Pavley-Rock, 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. GIVEN under my hand and Notarial Seal this � day of��/Z�?`�/n'��o� , 20�7 . � OFFICIAL SEAL CAROL E KOHLER Notary Public Prepared by and Return To: NOTARV PUBIIC•STATE OF tWN01S MY COt�MAISStON EXPIRES:10A2114 CITY OF CANTON 2 N.Main Street Canton, IL 61520 309-647-0065 �