HomeMy WebLinkAboutResolution #2081RESOLUTION 1vo. 2 ~ R 1
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEtiIEN'P (LEANDER)
j~JE1EREAS, Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton
that the attacheca Pre-Annexation Agreement be approved and entered
into by the City of Canton; and,
WHF~2EAS, the Canton City Council has made a similar
determination.
IJOW, T~1I~~ORE, 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-T~nnexation Agreement, a copy of which is
attached as Exhibit A, is hereby approved by the Canton City
Council and the iiayor and City Clem: are hereby directed to
execute and deliver the same on behalf of the City of Canton.
3. That this ?esolution shall be in full force and effect
imr-nediately upon its passage by the City Council of the City of
Canton, Fulton County, Ilinois, 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 October,
1989 upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff,
Meade, Bohler, May, Chapman.
NAYS: None.
ABSEiVT: None .
APPR
Z~'~ ^ -
7onald E. Edwards, P~iayor
ATTEST:
i?an I~~~tii s, City Clerk.
~~b6ica~ion Insfruction~
~1`Uo not publish
O Publish in pamphlet form only
^ Publish in a general circulation news apex
/a~~ ~` ~
r
Ci#y- Att _ Date
PRr-ANNEX11T1~JN AGREEMENT
7'IIIS AGRL.f,MFN'P, made t,~• and b~twee~n the CITY Ui?' CANTON,
I[, i_: :Trtil)I;~, a rnun.icipa.t c~aruo~~i3r.i.nn, he:~ei.nafter referred to as
"~: T:'[' t"' and Jerald Leander and Deanna Leander , t he i r
t1E'l.T"f3, 1dnl1n1Str3tOr"S, f?X!?C:llttiT'S, FiS~iLCrnS Find SuC:CP_SSOrS In title,
llr'i'r?L11df:ter. collectively r.ei F~rr.e3 to as "Landowner(s)", and
cott~,~:tively repr.~.sc~nti~rg that they arch all (100$) of the owners of
thr~ f-,:flowing dc~sc:rif~ed r.eFtl hroc~~rty,
taI'rN~ssE'rli:
~dF11J1ZEAS, Landowner(s) are the owner of a certain residential
lc~t 1~>cated in Canton Township, Fulton County, Illinois, said lot
being raor.e particularly described as follows:
One square acre out of the Southwest corner of the
West one-half of the Northeast Quarter, Section 36,
T7N, R4E, Fulton County, Illinois, subject to lands
heretofore conveyed for highway purposes, situated
in the County of Fulton, in the State of Illinois,
.~,~u ,
:Vr!h,F2EAS, th~~r~~ i s:~ an ~~xi~ti~r~~ w:zt ~r main ~{~~•~XM~XXXXX
loca~:~_~d adja•~enc aricl ec~nLiguaus to the real estate owned by
[~•1i1~1~~wner (s) ; a•~,i
'uVHf,RL;AS, s,iid wat+'r [Tt•11f1 bel~~ngs to and is Filled with water
v ~~; n ~~ ~ a and t u r n i e. h ~_~ d. b~• t h e ry t'1' '1; .Y~i~X ~X~~{~{~34X{~f3~X~tl~C~fi~'~~Q3f~{X
.`CLintt~i.~'~x~~u~~4-X~CN:G`~'~~Y;.~~YXs"~'~3:Y:~ and,
WHIs1tEAS, the CITY had adopted a policy of not extending city
services such as X~fx?9~t~C~water to real estate located outside the
municipal limits of the City of Canton, Illinois; and,
69HEREAS, Landowner(s) desire to annex to t}~e City of Canton in
order to obtain said city services, and particularly water ~X~XXXX
X~i.'Y~~ services which are, at the present time, easily extendable to
their real estate; and,
'WEiEREAS, Landowner (s ) are not yet contiguous to the City of
Caritorl and, under tl~e 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 tl~e mutual covenants,
payments and conditions heretofore and hereinafter set out, the
CITY and Landowrl~~r(s) for themselves, their heirs, administrators,
executors, assigns and successors in title, do hereby agree as
follo.vs:
1. CITY' S WATER ~;~I~,7X1~: 'rhe CITY hereby agrees to allow
Landowner(s) to tap said water main 1~R-X~XXX74~~C line and the CITY
further agrees to furnish water ~X~XXI~~x to the real estate
hereinabove described owned by Landowner(s) once the tappage and
necessary hookups are completed.
2. DOUBLE RA'Z'E: 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) R~~XI~7€~%X
~~~~~~~X~~X~)~x~~~~~~~at, their heirs, successors, executors and
assigns, said rate being co!nputed by using the standard charge then
prevailing for water ~Za~XX~~X in the City of Canton, Illinois, and
rnultil>lying that prevailing charge per unit of water X~4)~Xk~Xi;§~ by
tcvo.
3. INS'rALLA`P.IUf~I: Landowner(s) agree to pay any and all
installation expense, t•nppage fees and attorneys tees necessary in
order to accomplish the extension and furnishing of water ~14~Xffi~DQ~FX
as hereinabove set out to the City oL- Canton. Landowner(s) agree,
at tl~t~ir sole expense, to extend a standard inch line from the
point of tappaye with the CITY'S water main XX~x~~Y~XkI~I~Il~X~
~~~~~,{x~x~~~~xx~~~kr~i~x~x~~x~~~x~~a~xxx~xxl~~~~~~~x~~~KxKKgxt~~~~x~xxxx
2
X~w~XX~$]dl4 on tc~ the rea.t estate hereinabove set out. randowner(s)
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. ANNLXA']~ION: Particularly in consideration of the
foregoing extension of and furnishings of water ~~4flX~~§k(r2~~f service
to the lot owned by Landowner(s), Landowner(s) hereby covenant and
agree fo.r tt~ernselves, their heirs, successors, administrators,
execuL-ors, assigns and subsequent holders of title to any part or
a.ll of the foregoing described real estate, that within sixty (60)
days .=if ter being given written notice by the City of Canton,
Illinois, that the real estate, hereinabove described, has become
contiguous to the City of Carlton, 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 file successors in title, hereby covenant and agree that they
wilt immediately carise to be prepared and filed at Landowner(s)
expen.~e 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 tl~e City of Canton, Illinois. Tl~e
Eorey~~ing covenants herein made by Landowner(s) for their heirs,
succe:~sors, exer.utors, administrators, assigns and successors in
titta, shall be deerned a covenant which shall run with and bind the
real estate hereinabove described Eor the term set out in the
following paragraph.
i. TERM: This ag.r.ee~nent, and the covenant, contained in the
fore~~~~ing paragraph, shall be deemed a covenant to run with the
land .,is aforesaid and said covenant shall continue to be a covenant
r.urrni~lg with the land and binding the land and all successors in
titt~ until an annexation ordinance is adopted by the City of
c~ant.~n, or the successor in interest of the City of Canton,
anu~~finy the above described parcel, or a part thereof, to the City
of Canton. In no event shall the ~~nnexation of any part of the
Eor~y~~ing premises in any way affect or_ release the covenant on the
3
remaining part ~f the premises which is not annexed to the City of
Carlton.
6. DEFAULT: In the event an annexation petition is not filed
within the time lirnitec3 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 e~~uity or at law, for the purpose of enforcing
the ~~ovenant binding the land hereinabove set out; or,
(b) The CITY may elect to refuse to furnish or sell further
water. ~d~X~r?Cto 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 l-o rei-nburse the City for its actual costs and
reasonable attorney fees incurred in enforcing the City's right
uncier_ 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
i.n title.
7. RATE: In the event the property becomes contiguous and is
annex{ed 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 t!1e City oL- ~;a~~ton upon said annexation ordinance, the "double"
water ~}c$X~~tX rate, hereinabove provided, shall terminate in its
entirety and La~~downer(s), and their successors in interest, shall
be charged a rate similar to that prevailing generally throughout
tl~e City of Canton.
8. RELEAGE: Upon the annexation of the premises herein, or a
part thereof, the covenant running with the land as hereinabove set
out ~~hall be deemed .released, null and void as to that portion or
all of the real. estate, upon the filing of the annexation ordinance
and/<..-,r plat of the annexed te.rrit-pry with the Fulton County
Recorder of Dec~3s as provided by the Illinois Revised Statutes.
9. RECORDING: The City Clerk, upon the adoption of this
agr_~~<~rnent or the ratification of this agreement by the City
Coun<:il, shall cause a certified copy of this agreement to be
4
r~corcled with the Recorder of Deeds of Fulton County, Illinois.
Lando~~ner(s) shall reimburse the City for any recording fees
expended therefor by the City.
10. BENEFIT: The agreement is binding upon the heirs,
succe~~sors, executors, administrators, assigns and successors in
title of the parties hereto.
cVITNESS the hands of the parties on this ~ day of
October . 19 R8
y Jerald Leander ), Landowner.
.r..~ r•-r--'~-
( Deanna Leande ). Landowner.
CITY OE' CANTON, ILLINOIS, a municipal
corporation
gy; ~~
flnna 1 ~ F. - F.c~warri , MAYOR .
Nanc Wh'' , CITY CLERK.
STA'I'„ Ok' ILLINOIS, )
SS.
COUN`T'Y OE C'UL'rON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Jerald Leander and
Deanna Leander , personally known to me to be the
carne persons who executed the foregoing agreement and that they
acknowledged that they executed and delivered said agreement as
their free acid voluntary act for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this /g~ day of
October - 19 88
_ , ~;
n~;~ -_ ... ,. ._ ._ Notary Pub ic.
5
STA'P.~; OF ILLINOIS,
SS.
COUN`1'Y OF FULTON. )
BEFORC me this day, a Notary Public, in and for the County in
tl~e State aforesaid, personally appeared
Mayor of tt~e City of Canton, Illinois,~nalMunicipaltcoreoratie the
Nancy Whites P on, and
'ft1OvV11 to me to ne the City Clerk of the City of Canton,sIllinois,
personally know:: to me to be the same persons who
executed and delivered said agreement as tt~e Mayor and City Clerk
of tl~e City of ;='anton 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 fir the uses and purposes therein set forth.
GIVEN nder my hand and Notarial Seal this ~ day of
- 19~ ,
OFFICIAL SEAL
SUSAN B HENSEL - ~ ~ ` ~ "~" •~ ~ '` ' "~
ER Notary Pub ic.
NOTARY PUBLIC STATE Of ILLNVOIS
COMMISSION EXP FEH 28,1991
PRCPARED BY AND RE'T'URN TO:
CITY ATTORNEY
CITY HALL
210 E. CHESTNUT ST.
CANTON, IL. 61520
PH: (309) 647-0065
6