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HomeMy WebLinkAboutResolution #3545RESOLUTION NO. 3545 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND CARL N. NAYDEN WHEREAS, Legal and Ordinance Committee 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: L 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 November, 2000, upon a roll call vote as follows: AYES: Alder~.z May, Shores , Meade , Phillips , Sarff , Nblleck. NAYS: None, ABSENT: Aldermen Nidiffer, Hartford. APPROVED: Donald E. dwards, Mayor Attest: ~ ;1,~ J Nancy White City Clerk. THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and CARL N. NAYDEN, a divorced person and not since remarried, his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowners", collectively representing that they are all (100%) of the owners of the following described real property, WITNESSETH: WHEREAS, Landowners are the owners of a certain residential lot located in Canton, Fulton County, Illinois, said lot being more particularly described as follows: Lot Number Three (30) in Herink Addition to the Town of Canton, Illinois, being a part of the Northeast Quarter of Section thirty-three (33) in Township Seven (7) North, Range Four (4) East, of the Fourth Principal Meridian, Fulton County, Illinois; ALSO: Apart of the Northeast Quarter of Section Thirty-three (33) in Township Seven (7) North, Range Four (4) East, described as follows: Beginning at the Southwest corner of Lot 3 in Herink Addition aforesaid, thence North 67 degrees 09' East 60 feet to the Southeast corner of said Lot 3, thence South 22 degrees 51' East to the East and West Quarter line of said Section 33, thence South 89 degrees 28' West along the said Quarter Section line, 64.86 feet; thence North 22 degrees 51' West 51.45 feet to the point of beginning, Subject to the rights, if any, of the public for roadway purposes along the North side of the above described tract, Common Address: 820 West Hickory, Canton, Illinois 61520 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, 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; NOW, THEREFORE, in consideration of the mutual covenants, payments and conditions heretofore and hereinafter set out, the CITY and Landowners for themselves, their heirs, administrators, executors, 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 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 Landowners, their heirs, successors, executors and assigns, said rate being computed 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 attorneys fees to the City of Canton necessary to accomplish the extension and furnishing of water as hereinabove set out. Landowners agree, at their sole expense, to extend a standard one inch line from the point of tap with the CITY'S water main onto the real estate 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, Landowners hereby covenant and agree for themselves, their heirs, successors, administrators, 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, 4. ANNEXATION: Particulazly in consideration of the foregoing extension of and furnishings of water service to the lot owned by Landowners, Landowners hereby covenant and agree for themselves, their heirs, successors, administrators, 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 prepazed and filed with the City of Canton a petition for annexation for the parcel or pazcels hereinabove described and proceed through normal procedural channels to have the above described real estate, annexed to the City of Canton, Illinois. The foregoing 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 pazcel 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: r (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 aze in violation of this 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 chazged 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 heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. DATED: This day of /lam-Z~i~ , 2000. Cazl N. Nayden, by dwazd Nayden, Power of Attorney for Cazl N. Nayden, Landowner CITY OF CANTON, ILLINOIS, an Illinois municipal corporation, By: ~ Donald E. Edwards, Mayor Attest: ~ ~ ~' Nancy Whites, ity 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 Edward Nayden, Power of Attorney for Carl N. Nayden, personally known to me to be the same persons who executed the foregoing agreement and 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 2000. Notary Public. 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 Donald E. Edwards, 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. GIVEN under my hand and Notarial Seal this day of , 2000. Notary Public.