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HomeMy WebLinkAboutResolution #2080f RESOLUTION NO. 2088 A RESOLUTION APPROVII+IG APRE-ANNEXATION AGREII'~NT WHITE CHAPEL I~IEt40RY GARDENS ) WFH;REAS, 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, THE€2EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF C'AN`I"ON, 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 cahich is attached as Exhibit A, is hereby approved by the Canton City Council and the Ifiayor and City Clerk are hereby directed to execute and deliver the sarne 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, Ilinois, and approval by the t~~ayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 3rd day of Octo's~er, 1989 upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ABSENT: None. AP , ,, . onald E. ~dwards, Mayor ATTEST: r / l ,~ ./ n ~~_ Man ;~,rhi s, City Cler}c. _ _ Pu~iic®tion Instructions Do not publish C.7 Publish in pamphlet form only Publish in a general circulation newspaper l~~' CFty Att __ Date r, ~ f PRE-ANNEXATION AGREEMENT THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corpporation, hereinafter referred to as "CITY" and ~''HITE CHAPEL ME~~10RY GARDEiV, a division of their heirs, administrators, executors, assigns and successors in title, hereinafter collectively referred to as "Landowner(s)", and collectively representing that they are all (1008) of the owners of the following described real property, WITNESSETH: WHEREAS, Landowner(s) are the owner of a certain ~m~b~d located in Canton Township, Fulton County, Illinois, said lot being more particularly described as follows: SEE ATTACHED and, WHEREAS, there is an existing water main ~r~cdxscxx~ace located adjacent and contiguous to the real estate owned by Landowner(s); and WHEREAS, said water main belongs to and is filled with water owned and furnished by the CITY; ~a~xxaa~dcxsew~xlCi~mecx~e~oca~a~~cxix® ~ci~p]XxGc9cxmp~,c~cgx~cx@cp~~4xXXR'~Y~ and, I WHEREAS, the CITY had adopted a policy of not extending city services such as ~oee~tazkx~ax~ water to real estate located outside the municipal limits of the City of Canton, Illinois; and, WHEREAS, Landowner(s) desire to annex to the City of Canton in order to obtain said city services, and particularly water a:ox~c X~ services which are, at the present time, easily extendable to their real estate; and, WHEREAS, Landowner(s) 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 Landowner(s) for themselves, their heirs, administrators, executors, assigns and successors in title, do hereby agree as follows: 1. CITY'S WATER YfXl~~f: The CITY hereby agrees to allow Landowner(s) to tap said water main axx~xgsrx~axa and the CITY further agrees to furnish water ~xd ~cx to the real estate hereinabove described owned by Landowner (s ) once the tappage xa~c~- As~sax~txho~ai~acp~sx~ac~e completed. 2. DOUBLE RATE: Landowner(s) 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 Landowner (s ) x~az~lxxar sa~xicc~acxbcax~axdas~cx;F~d , their heirs, successors, executors and assigns, said rate being computed by using the standard charge then prevailing for water xax in the City of Canton, Illinois, and multiplying that prevailing charge per unit of water anxicxaa by two. 3. INSTALLATION: Landowner(s) agree to pay any and all installation expense, tappage fees and attorneys fees necessary in order to accomplish the extension and furnishing of waterxx~dcxss as hereinabove set out to the City of Canton. Landowner(s) agree, at their sole expense, to extend a standard one inch line from the point of tappage with the CITY'S water main aztidcx~z~»c~cicxa s~aacd~xg gx~t~cxl4as}~c~c~cait;c~,cbcax~pnc~~xxx~x ~gxpax~cxwa~bQ~cxti~ec ~dBl.~cxS 2 eesv~eocxYaix~ec on to the real estate hereinabove set out. Landowners ) also agree to repair and replace, in as good a condition as it was prior to any excavation, any existing roadway belonging to or used by the people of the City of Canton or of the County of Fulton. 4. ANNEXATION: Particularly in consideration of the foregoing extension of and furnishings of water ~cdxa~szx~eacvx~a~a to the lot owned by Landowner(s), Landowner(s) 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, Landowner(s), individually, and for the successors in title, hereby covenant and agree that they will immediately cause to be prepared and filed at Landowner(s) expense 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, or a part thereof, annexed to the City of Canton, Illinois. The foregoing covenants herein made by Landowner(s) 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 said covenant 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, or a part thereof, 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 3 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 •xx~;eew~ot to Landowner(s), or their successors in title who are in violation of this covenant. (c) Upon any default, Landowners and/or their successors in title agree to reimburse the City for its actual costs and reasonable attorney fees incurred in enforcing the City's right under this Paragraph Six. The aggregate of such costs and reasonable attorney fees shall be included in any judgment entered in favor of the City and against Landowners and/or their successors in title. 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 atRxbcx~ecrv~eaRC rate, hereinabove provided, shall terminate in its entirety and Landowner(s), and their successors in interest, shall be charged a rate similar to that prevailing generally throughout the City of Canton. 8. RELEASE: Upon the annexation of the premises herein, or a part thereof, the covenant 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, 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 Revised Statutes. 9. RECORDING: The City Clerk, upon the adoption of this agreement or the ratification of this agreement by the City Council, shall cause a certified copy of this agreement to be 4 recorded with the Recorder of Deeds of Fulton County, Illinois. Landowner(s) shall reimburse the City for any recording fees expended therefor by the City. 10. BENEFIT: The agreement is binding upon the heirs, successors, executors, administrators, assigns and successors in title of the parties hereto. I ESS the hands of the parties on this :ZO' day of 19 WHITE CHAPEL t9tE~Y-GARDENS, a division of ORIAL GARDENS ASSOCIATION, INC. Landowner el~ft M. D~,maney~esident ) , rich Koek6e1 , Sec'y- Treas. ) , CITY OF CANTON, ILLINOIS, a municipal corporation By . ~~ • , MAYOR. ATTTEST: ~ ` ,' CITY CLERR. STATE OF ILLINOIS, COUNTY OF FULTON. SS. BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, personally appeared Helen M. Demanes, and U1 rich Koel bel , 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 o20 day of ~~~~ tary Public. OPPICtAL 56A4 TQiY J. ECKSTEIN NOTAiY PUBLIC STATB OF 81JNOlS 11Y COIOl1SS1011 !~. N. 28. I!!~ 5 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 ~o,v~ /~ L . ~~w~,-~j'S personally known to me to be the Mayor of the Ci y of Canton, Illinois, a Municipal corporation, and a~n. C personally known to me to be t e City Clerk of the City of Canton, Illinois, personally known to me to be the same persons who executed and delivered said agreement as the Mayor and City Clerk of the City of Canton and caused the seal of the City of Canton to be affixed thereto, pursuant to the authority given by the City Council of the City of Canton, Illinois, as their free and voluntary act for the uses and purposes therein set forth. VE and r my hand and Notarial Seal this ~ day of 19~_. OFFICIAL SEAL SUSAN B HENSELER NOTARY PUBLIC STATE OF IlLUV01S C~;.-, FA ISS 10N EXP FEB 28,1991 ""?~.' PREPARED BY AND RETURN T0: CITY' ATTORNEY CITY HALL 210 E. CHESTNUT ST. CANTON, IL. 61520 PH: (309) 647-0065 6 Document Nom- s~-a fos Record in Reeordesli oaiq of Peosii Couagr,lNhwis -~=-ae o'rloa~ v- WARRANTY DEED- t>M...a.. of Deeds . .This Indenture Witnesseth, That the Grantors, Reuben F. Burington and Katherine Burington, hu$batid and wife, each in his and her own right and as the spouse of the other of the Town of Spring Valley in the County of Bureau and State cf IIUnois for sad In oansideratbn of the sum of One. Dollar and other good and valuable consideration ~ hand 1?~ ~~~ sad w~T ~ Memorial Gardens Association, Inc. an Illinois Corporation ~ ~ City ot Peor , the following dencsibed testate, to-wit: County of PoorL, sad State ei' AlinoL A part of the Northwest Quarter of Section Thirty-six (38) Township Seven (?) North, Range Four (4) East of the Fourth Principal Meridian, desoribsd as fo]lows: From a stone at the Northeast corner of the Northwest quarter of Section 98, Township 7 North, Range 4 East of the 4th P. M., thence South x818 feet, thence West SO feet to the Point of Beginning, thence from said Point Of Beginning, South 88 degrees 58~ West B18 feet, thence North 1044.0 feet; thence Eaet 818 feet, thence South 1037 feet to the place o! begiruting, containing 15 acres, situated in the County of Fulton and State of Illinois, including therein that portion of the above described tract which has heretofore been dedicated as a cemetery under the name and style of Fulton County Memorial Park and also known as White Chapel Memory Gardens, and subject to the rights of third parties who may have purchased or contracted to purchase, cemetery lots in said dedicated portion se aforesaid, and further subject to any unpaid real estate taxes which said grantee assumes and agrees to pay; and also including all of Grantor's right, title and interest in the perpetual care funds of said cemetery as set forth in the Indenture of Trust entered into by the Grantors on the one part and the First National Bank of Peoria on the other, dated September 17, 1847 and the direction thereof. Fulton sitwted is the County of iasaria, fa the State of Ellinois, hereby releasing and waiving all rights mtder and by virtue of the Homestead Exemption ~ws of the State of IDinoL. • Dated this _ t ii r" ~ day of ~''~"""-i• , L D. la 80. "'~ Seal) ~ ~ ,a ~,1~ ~ ,T (Seal) c3..1) STATE OF ILLINOIS ~M, Bureau ~Co~t,9 J (Seal) (Seal) ci~•t) (Se.l) I the nnd•ni~ed a No ry blle,~ d t r id County d ~q at Dq SERivBY CERTIFY 1iHAT ~euben r'. ~ur~ilg~On anC] l~atnerlne ZiuringSOri, Piece Notary Seal husband and wife, each in his and her own right and ae the spouse In Space Below -~ : ofxhe other, peraoaally lmown to tna to be tlu Nme psrnoa.H_whoN nam• a are Jrnrihed b the fon laQ lnatrumen sp batore me this day pernoa and atimow ~o !.deed that .-~ha~-~i~aed, wled de vexed uid iaetrument n~ ~~+P ~ r *~-e sad Bohm act for the wN and purposes therein net forth, fncludins tae sad waMer et tY rl u of atom G1vea under my hand sad Notarial Nat s day of i wt. , A. D. le 60 r-~'~ xarrs PaWN