HomeMy WebLinkAbout#5188 Approving A Pre-Annexation Agreement between the City of Canton and Jon and Kimberely Newburn RESOLUTION NO. 5188
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND JON AND IQMBERELY NEWBURN.
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 16TH day of April, 2019, upon a roll call vote as follows:
AYES: Aldermen Quin Mayhew, Angela Lingenfelter, Tad Putrich, Angela
Hale,Craig West,John Lovell,Justin Nelson, Ryan Mayhew
NAYS: None
ABSENT: None
APPROVED:
ent A. well,,-Mayor
Attest:
Diana -av ey- ock, rty Cler
8 0 0 9 5 4 1
Tx:4005248
1985113
JAM ES I.NELSON
COUNTY CLERK R RECORDER
FULTON COUNTY,IL
RECORDED ON
04/22/2019 08:59 AM
RECORDING FEE 67.00
PAGES:5
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and JON AND KIMBERLEY
NEWBURN, husband and wife, 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 lot being more particularly described as follows:
A part of the Northwest Quarter of Section 33, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows:
Commencing at an iron rod found at the southwest comer of said Northwest Quarter of
Section 33; thence North 00 degrees 26 minutes 20 seconds East (Bearings refer to the Illinois
Coordinate System, West Zone, NAD 1983) a distance of 20.0 feet to the south line of the Jon
M. Newburn and Kimberley A. Newburn property as shown on a Survey Plat, recorded as
Document No. 1565959 in Slide 502; thence North 89 degrees 35 minutes 49 seconds East, a
distance of 1874.88 feet along said south line to an iron rod set at the southeast corner of said
Newburn property; thence North 00 degrees 21 minutes 23 seconds East, a distance of 369.71
feet along the east line of said Newburn property to the Point of Beginning of the Parcel to be
described:
From said Point of Beginning; thence North 21 degrees 24 minutes 31 seconds West, a
distance of 162.00 feet; thence North 21 degrees 55 minutes 11 seconds West, a distance of
100.30 feet; thence North 19 degrees 52 minutes 01 seconds West, a distance of 47.97 feet;
thence 102.49 feet, along a curve to the left having a radius of 98.81 feet and the chord of said
curve bears North 45 degrees 03 minutes 23 seconds West, a chord length of 97.95 feet; thence
with a compound curve 131.83 feet, along a curve to the left having a radius of 169.66 feet and a
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chord of said curve bears South 76 degrees 14 minutes 54 seconds West, a chord length of
128.53 feet; thence South 59 degrees 17 minutes 17 seconds West, a distance of 93.96 feet;
thence 63.64 feet, along a curve to the right having a radius of 1202.21 feet and a chord of said
curve bears South 59 degrees 06 minutes 54 seconds West, a chord length of 63.63 feet; thence
South 00 degrees 21 minutes 23 seconds West, a distance of 406.13 feet; thence South 89
degrees 35 minutes 49 seconds West, a distance of 457.12 feet; thence North 09 degrees 00
minutes 12 seconds East, a distance of 314.49 feet; thence North 64 degrees 03 minutes 31
seconds East, a distance of 592.95 feet; thence North 89 degrees 35 minutes 49 seconds East, a
distance of 263.24 feet; thence South 00 degrees 21 minutes 23 seconds West, a distance of
155.82 feet; thence South 35 degrees 51 minutes 18 seconds East, a distance of 99.83 feet to an
iron rod found; thence South 00 degrees 21 minutes 23 seconds West, a distance of 172.76 feet
along said east line to the point of beginning,containing 5.017 acres more or less.
PIN Number: 09-08-33-100-028
Common Address: 1001 W. Maple Street,Canton, Illinois
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; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out, the City and Landowners for themselves, 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 for residential purposes only
hereinabove described owned by Landowners once the tap and necessary hookups are
completed.
2. OUT OF TOWN 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 using the
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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 attorney's fees to the City of Canton necessary to accomplish the extension and famishing of
water as 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 hereby covenant and agree for
themselves, their heirs, successors, administrator, 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 covenants herein made by Landowners for their heirs, successors, executors, administrators,
assigns and successors in title, shall be deemed a covenant which shall nm 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 the 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 "out of town" 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.
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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 assigns and
successors in title of the parties hereto.
DATED: This 8 day of /4PRI(- , 2019. l/
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Jon Newburn Ki ley Newburn
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 Jon and Kimberley Newburn, 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 usesandpurposes therein set forth.
GIVEN under my hand and Notary Seal this�day oy , 2019.
Notary Public
QFFICIAL SEAL
CAROL E KlY1LER
��y pUBUG STATE Or ILLIN0�5
�,ep1tASS10n EyFIRESi0A171C!
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CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By:
Kent A. McDowell, Mayor
Attest: K
Diana avley- ock, 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 day of 12019.
Notary Public
OFFICW.�
CAROL E KCIiIER
NOTANY PUatIC STATE OF KtMgS
My eq,�S$pN E%PIRES'.1a0Yrl1
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
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