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HomeMy WebLinkAbout#5154 Howard Graham RESOLUTION NO. 5154 A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF CANTON AND HOWARD MCADAMS. 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 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 3RD day of July, 2018, upon a roll call vote as follows: AYES: Aldermen Chris Jump,John Lovell, Craig West,Angela Hale, Tad Putrich NAYS: None ABSENT: Aldermen Ryan Mayhew,Angela Lingenfelter,Justin Nelson APPROVED: w6a ent A. McDowell, Mayor • test: d.. 'ice iana Pav ey-Rock, City Clerk PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Howard McAdams, his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner", collectively representing that he is all (100%) of the owners 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: LOT 16 IN WESTGATE SUBDIVISION, a subdivision of part of the West Half of Section 21, in Township 7 North,Range 4 East of the Fourth Principal Meridian, situated in Fulton County, Illinois as shown on the Plat recorded June 21, 2002,as document#02- 21663 in Plat Cabinet A, Slide 346. Common Address: 20101 E.Co.Hwy 21,Canton,Illinois 09-058-21-303-001 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: 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 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. 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. DATED: This 9%0 day of ,2018. 9/1144.‘1,4 2 91((.167t,40011-"/ Howard M Adams, Landowner 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 Howard McAdams, 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 Notary Seal thisa0 day of vn4 , 2018. Cra4.4_, L.---e,,ii,,,,t Notary Public OFFICIAL SEAL CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10/02/18 CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: 14J- �nt A. McDoweayor Attest: Pei Diana Pay ey-Roc 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 Kent A. McDowell,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 /01 day of ,20 Notary Public Prepared by and Return To: OFFICIAL SEAL CITY OF CANTON CAROL E KOHLER Chrissie L. Peterson NOTARY PUBIC-STATE OF ILLINOIS 2 N.Main Street MY COMMISSION EXPIRES:10102/18 Canton, IL 61520 309-647-0065 11 1111 I I! I III II NII I!1 I Illi 111 8 0 0 4 0 4 1 Tx:4002527 1881711 JAMES I. NELSON COUNTY CLERK&RECORDER FULTON COUNTY,IL RECORDED ON 07/18/2018 10:06 AM RECORDING FEE 67.00 PAGES: 4 PRE-ANNEXATION THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and Howard McAdams, his heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner", collectively representing that he is all (100%) of the owners 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: LOT 16 IN WESTGATE SUBDIVISION, a subdivision of part of the West Half of Section 21, in Township 7 North, Range 4 East of the Fourth Principal Meridian, situated in Fulton County, Illinois as shown on the Plat recorded June 21, 2002, as document#02- 21663 in Plat Cabinet A, Slide 346. Common Address: 20101 E. Co. Hwy 21, Canton, Illinois 09-058-21-303-001 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: 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 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. 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. DATED: This 943 day of , 2018. 9701A4-&-t oWer.42.4.41-"' Howard M Adams, Landowner 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 Howard McAdams, 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 Notary Seal this ( day of , 2018. NA.Aa_k_tc.a/4, Notary Public OFFICIAL SEAL CAROL E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:10102/18 CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation, By: fW'tL3C2 Kent A. McDowe , ayor Attest: Diana Pavley-Rocs, 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 Kent A. McDowell, 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 /Cj day of , 20 /D. Notary Public Prepared by and Return To: CITY OF CANTON OFFICIAL SEAL Chrissie L. Peterson-E KOHLER NOTARY PUBLIC-STATE OF ILLINOIS 2 N. Main Street MY COMMISSION EXPIRES:10/02/18 Canton, IL 61520 309-647-0065