Loading...
HomeMy WebLinkAboutResolution #3475RESOLUTION NO. 3475 A RESOLUTION APPROVING A BETWEEN THE CITY OF CANTON DAMS PRE-ANNEXATION AGREEMENT AND MARK A. DAMS and DONA J. 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: 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 6 trday of July , 1999 upon a roll call vote as follows: AYES: Aldermen May, Shores, Meade, Nidiffer, Phillips, Sarff, Hartford, Molleck. NAYS: None. ABSENT: None . APPROVED: ~~ Donald E. Edwards, Mayor Attest: Nancy Why s, City Clerk. THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and MARK A. DAMS end DONA J. DAMS, 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 tot being more particularly described as follpws: A part of the Southeast Quarter of Section 19, in Township 7 North, Range 5 East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois, to-wit; commencing at the Northwest corner of the Southeast Quarter of Section 19, thence East 1846 feet, thence South 150 feet, starting from this point, now 100 feet West; thence South 100 feet, thence East 100 feet, thence North 100 feet to the place of beginning, situated in Township 7 North, Range 5 East of the Fourth Principal Meridian, situated in the County of F ulton, State of Illinois; ALSO - A part of the Southeast Quarter of Section 19, in Township 7 North, of the Base line, Range 5 East of the Fourth Principal Meridian, more particularly beginning at the Northwest corner of said Southeast Quarter, running thence East along the North side of said Quarter Section 1846 feet to the point of beginning, thence South 150 feet, thence West 90 feet, thence North 150 feet, thence East 90 feet to the place of beginning; situated in County of Fulton and State of Illinois. Common Address: 26473 Youth Acres Road, 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, 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; NOW, THEREFORE, in consideration of the mutual covenants, payments end 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, 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 the above described real estate, annexed to the Gity 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 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 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 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 therefor 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 , 19~. rk A. Davis, Landow r t Dona J. Davy andowner CITY OF CANTON, ILLINOIS, an Illinois municipal corporation, Notary Public. By: Attest: ancy Whit ~, City Clerk. STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) Donald E. Edwards, Mayor BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally appeared Mark A. Davis and Dona J. Davis, husband and wife, personally known to me to be the same person 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 19 STATE OF ILLINOIS, SS. COUNTY OF FULTON. ) BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, p 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 19 Notary Public.