HomeMy WebLinkAboutResolution #3429RESOLUTION NO. 3429
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF CANTON AND DAVID L. SALE AND LORENA
SALE
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 4th day of August , 15A8 upon a roll call vote as follows:
AYES: ~-~~~ Molleck, Phillips, Sarff, Meade, Nidiffer, May,
Shores .
NAYS: None .
ABSENT: Aldern~aaz Hartford.
APPROVED:
Donald E. Edwards, Mayor
Attest:
Nancy Whi s, City Clerk.
THIS AGREEMENT, made by and between the CITY OF CANTON, II.LINOIS,
a municipal corporation, hereinafter referred to as "City" and DAVID L. SALE AND
LORENA SALE, husband and wife, their 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 owner of a certain residential lot located in
Canton, Fulton County, Illinois, said lot being more particularly described as follows:
(See Exhibit "A" hereto attached)
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 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:
I. 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 tape 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 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 aut 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 afi'ect 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. Landoumers 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 c.~ , 19~
David L. Sal ,Lan owner
or na Sale, Landowner
CITY OF CANTON, ILLINOIS, an Illinois
municipal corporation,
Donald E. Edwards, Mayor
Attest:
Nancy White City lerk.
STATE OF II.LINOIS, )
SS.
COUNTY OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid,
personally appeared David L. Sale and Lorena Sale, husband and wife, 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 his free and voluntary
act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this ~ day of
19~
otary Public.
?' "OFFICIAL SEAL" }+
STATE OF II.LINOIS, ) ~; Susan B. HenseiE:r >';
) SS. ~{ NoCary Public, State of Illinois '':'
COUNTY OF FULTON. ) >t QTY Commission Expires U3/06,'~5~ ~.
7}}}l}.1}}ll}.Ill}}}}}}3!}l}}l}i}};}}i:
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.
p GIVEN under my hand and Notarial Seal this (p~ day of
19 /~
Notary Public.
S );
i `S
3., Legal Description:
A PART OF TtIE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 7
NORTH, RANGr^, 5 EAST OF THE FOURTH PRINCIPAL MERIDIAN, FULTON
COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS AND BEARINGS REFER TO
THE ILLINOIS STATE PLANE~COORDINATE SYSTEM, WEST ZONE:
COMMENCING AT A STONE AT THE 30UTHEAST CORNER OF SAID NORTHWEST
QUARTER; THENCE ALONG THE EAST LINE OF SAID NORTHWEST QUARTER
BEARING NORTH 1 DEGREES 39 MINUTES 11 SECONDS EAST, A DISTANCE
OF 713.22 FEET TO AN IROD' ROD FOR THE PLACE OF BEGINNING;
THENCE BEARING NORTH 89 DEGREES 51 MINUTES 18 SECONDS WEST, A
D:STANCE OF 1483.72 FEET TO AN IRON ROD; THENCE°BEARING NORTH 1
DEGREES 10 MINUTES 12 SECONDS EAST, A DISTANCE OF 439.62 FEET
TO A POINT ON THE SOUTHERLY LINE OF THE CITY OF CANTON
PROPERTY; THENCE ALONG SAID SOUTHERLY LINE FOR THE NEXT 10
COURSES BEARING SOUTH 89 DEGREES 51 MINUTES 52 SECONDS EAST, A
DISTANCE OF 292.50 FEET TO A POINT; THENCE BEARING NORTH 0
DEGREES 5$ MINUTES 48 SECONDS EAST, A DISTANCE OF 420.00 FEET
TO A POINT; THENCE BEARING SOUTH 89 DEGREES .O1 MINUTES 52
SECONDS EAST, A DISTANCE OF 250.00 FEET TO A POINT; THENCE
BEARING SOUTH 0 DEGREES 58 MINUTES 08 SECONDS WEST, A DISTANCE
OF .194.00 FEET TO A POINT; THENCE BEARING SOUTH 89 DEGREES O1
MINUTES 52 SECONDS EAST, A DISTANCE OF 242.50 FEET TO A POINT;
THENCE HEARING NORTH 0 DEGREES 58 MINUTES 08 SECONDS EAST, A
DISTANCi~; OF 350.00 FEET TO A POINT; THENCE BEARING SOUTH 89
DEGREES O1 MINUTES 52 SECONDS EAST, A DISTANCE OF 197.00 FEET
TO A POINT; 'PHENCE BEARING SOUTH 0 DEGREES 58 MINUTES 0$
SECONDS WEST, A DISTANCE OF 480.00 FEET TO A POINT; THENCE
BEARING SOUTH 44 DEGREES O1 MINUTES 52 SECONDS EAST, A DISTANCE
OIL' 257.50 FEET TO A POINT; THENCE BEARING 50UTH,89 DEGREES O1
MINUTES 51 SECONDS EAST, A DISTANCE OF 322.04 FEET TO A POINT
ON SAID EAST LINE; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG
SAxD EAST LINE BEARING SOUTH 1 DEGREES 39 MINUTES 11 SECONDS
WEST, A DISTANCE OF 340.46 FEET TO THE PLACE OF BEGINNING
CONTAINING 20.504 ACRES.
PERMANENT INDEX NUMBER: 10-09-30-100-012
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