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Home My WebLink AboutResolution #3443RESOLUTION NO. ~~3 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND RICHARD H. HAMII.TON AND EDITH K. KEIFER 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 Canton1 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 ~~ day of Oefic~hPr , 19~~ upon a roll call vote as follows: AYES: Aldermen Shores, May, Nidiffer, Meade, Sarff, Phillips, Hartford. NAYS: None . ABSENT: AldeYman. Molleck. " APPROVED: lnu~~~i ~~CY~,vre.,-z Denald E. Edwards, Mayor Attest: / ,^ L ~ Nane3~ Whites` ity Clerk. THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and RICHARD H. HAMII,TON and EDITH K. KEIFER, 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, VC~IT1~lESSETH~ WHEREAS, Landowners are the owner of a certain residential lot located in Canton, Fulton County, Illinois,. said lot being more particularly described as follows: Lot 37, DAL BAR SUBDIVISION of a part of the Southeast Quarter of Section 19, Township 7 North, Range 5 East of the Fourth Principal Meridian; ALSO Apart of the Southeast Quarter of Section 19, Township 7 North, Range 5 East of the Fourth Principal Meridian, situated in the County of Fulton and State of Illinois, described as follows: Commencing. at the Northwest corner of said Southeast Quarter of Section 19 Township and Range aforesaid; running thence East 1726 feet,. thence South 1411 feet, thence 60 degrees West 1094.3 feet to the actual point of beginning; thence South 137.5 feet to the North line of Lot 37 of Dal Bar Subdivision, thence South 60 degrees West along said North line of said Lot 37 to the Southeast corner of Lot 2 of said Dal Bar Subdivision, thence North along. the East line of said Lot 2 to the Northeast corner of said Lot 2, thence North 60 degrees East to the actual point of beginning,., situated in Fulton County, Illinois; SUBJECT TO RESERVATIONS AND RESTRICTIONS OF RECORD. 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 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 Cantons 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 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 Countyy 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, asst ns and successors in title of the parties hereto. DATED: This d0 day of ~~~~ , 19 98 . d ~ Flanulton, Landowner dith-K. I~€ r, Landawner CITY OF CANTON, II,LINOIS, an Illinois municipal corporation, By: ~~ Donald E. Edwards,. Mayor Attest: ~ ~~~~~ Nancy Whites- ity Clerk: 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 Richard H. Hamilton and Edith K. Keifer, 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~. a~ Notary Public. >` "OFFICI.~.L SEAL" ;~ STATE OF ILLINOIS, ) ~; ~susan )3. t~er-selei• ~~ ) SS. ~< Notary Public, State of Illinois ;; COUNTY OF FULTON. >` Ivty r~'~~~mmission Expir<~s C3J06/9~ ,~, ) ?1ll7lJll.'131.,TJlI.+,~.%1J111111J).'.~fti'J BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, p ersonally 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 ~_'f`' day of 19~. ~ ~ ., ~,~. Sit ~ ,,. a o ,l' C.~ Notary- Public: ~ ~ - - -- ~~ i~_l~.ar.:3. ki~wt:;~,~~.~r~i. ,. ,~ C ;:~ ..,