HomeMy WebLinkAboutResolution #2082RESOLUTION No. ~n82
A RESOLUTION APPROVING A PRE-ANNEXATION AGREII4fEN`P (BARNARD)
t~II~RE~S, 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 :~gree,;~ent be approved and entered
into by the City of Canton; and,
Wf~tFAS, ~.he Canton City Council has made a similar
determination.
NOW, TfiER~'ORE, BE IT RESOLVED BY THE CITY OOUNCIL OF THE
CITY OF C~]'IbN, Fulton County, Illinois as follo~-~s:
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 T•layor and City Cleric are hereby directed to
execute and deliver the same on '~ehalf 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 mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular *~~eeting this ~r~ day of October,
1909 uL~on a roll call vote as folloc~rs:
AYES: Aldermen Chapman, May, Bohler, Meade, Sarff,
Steck, Zilly, Kovachevich.
NAYS: None.
ABSENT: None,
APPRO
Dona d E. E wards, Piayor
ATTEST:
? ~ f v ~
Tdan 7hi s, City Clerk.
~~~~li~~rion ~~~~ructi®~s
~ Do not publish
^ Publish in pamphlet form only
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PR.:-ANP7EXATION AGREEMENT
~~'IIIS AGRh;I?MBta'P, mlclr_' by and between the CITY OF CANTON,
Ir,t,l:Ptr?TS, a municipal c~~rc~or.ation, hereinafter referred to as
"C 1'c rt " a nd Leonard _L . Barnard _. , t he i r
heirs, administrators, execrators, assigns and successors in title,
her~~i?~after. collectively referred to as "landowner(s)", and
cotte~:ti-vely .representing that thE~y are all (1U0~) of the owners of
t~.he hallowing described real property,
WI'CNBSSETH:
I~HEREAS, Landowner(s) are the owner of a certain residential
lot l~~cated in Canton Township, Fulton County, Illinois, said lot
being more particularly described as Follows:
A part of the Northwest Quarter of Section Fourteen (14),
Township Seven (7) North, Range Four (4) East, Fourth
Principal Meridian, Fulton County, Illinois, being more
particularly described as follows and bearings refer to the
Illinois State Plane Coordinate System, West Zone: Commencing
at the West Quarter Corner of said Section Fourteen (14); thence
along the South line of said Northwest Quarter bearing North 89°
40'45;' East, a distance of 653.28 feet, to the ACTUAL POINT OF
BEGINNING; thence bearing North 0°39'45" Last, a distance of
191.87 feet; thence bearing North 89°40'45" East, a distance of
322.09 feet; thence bearing South 0°39'45" West, a distance of
191.87 feet, to said south line; thence along said south line
bearing South 89°40'45" West, a distance of 322.09 feet to the
Point of beginning; containing 1.419 acres, more or less,
situated in the County of Fulton and State of Illinois,
ari~1,
~tiHh~RC1~S, t:iern is _tn existing water main ~{~{~;~X?~#~i>~XXXXX
lo:.-a~.erl acijacerli: an~~ conti~7uous to the r_`al esta_e owned by
Lzn:lawiler (s) ; a~~d
WfI]sRrAS, sari wC?i_r~r main bc~l~;rigs to and is Filled with water
o~::n,~,? and furnished by I:i~e CITY; X~~4^rY~X~Xk~t'~Q'X.~X~C'~~`~~X
?F~?{C{~r::{~X.i~`C~:ti~X?~~~G{:(?s~iL'~~ anal,
taH}~}LEAS, thc. CITY had adopted a policy of not extending city
services such as ~4x~~X~cwater 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~gXUC~XXXX
~~~ services which are, at the present time, easily extendable to
their. real estate; and,
WEiFRI;AS, 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 Citv of Canton in order to obtain said services at the
prese~~t time;
NOW, THEREFORE, in consideration of the mutual covenants,
payments and conditions hE~retofore and hereinafter set out, the
CITY ~~nd Landowner(s) for themselves, their heirs, administrators,
executors, assigns and successors in title, do hereby agree as
follows:
1. CITY'S WATER XJ~ The CITY hereby agrees to allow
Landowner(s) to tap said water main ~X~XX~ line and the CITY
furtli~r agrees to furnish water ~X~XXI~~X to the real estate
her~inabove described owned by Landowner(s) once the tappage and
necessary hookups are completed.
2. DOUBLE RATE: Landowner(s) agree to pay to the City of
Canton double the amount of prevailing rate inside the City of
Canto, for water used arld consumed by Landowner (s ) l~~~XI~J~~~X
F(S~~~I~3~X~~X~RRl~~~~X~X~. their heirs, successors, executors and
assiyris, said rate being computed by using the standard charge then
prevailing for water ~A~XX~~X in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water XM1$XkI~DGI~~ by
two.
3. INS'rALI.ATIO~}: Landowner (s ) agree to pay airy and all
installation expense, tappage fees and attorneys fees necessary in
order to accomplish the extension and furnishing of water X?Q~XgI~DQI~X
:~s }ier-einabove set out to the City of Canton. Landowner(s) agree,
at thF~ir sole expense, to extend a standard one inch line from the
point of tappaye with the CITY'S water main ~AI~X~I~X~X~~I~)i~X~
~~~}~~~tR~X~~~~xX~?~4VkXP~X~tx~I~X~D~~X~~~xKX~gXK~i~~~i~k§Xs~83f KXKKKX~~%~~X~XXXX
2
X;t4w~~tXR$~1~ on to the real estate hereinabove set out. T~andowner(s)
also agree to repair a-id replace, in as good a condition as it was
prior to any excavation, any existing roadway belonging to or used
by th~~ people of the City of Canton or of ttie County of Fulton.
4. ANNEXATION: Particularly in consideration of the
foregoing extension of and Furnishings of water ~iM~Xrsf)§1G~4~ service
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 ttie Eoreyoing described real estate, that within sixty (50)
days :~L-ter being given written notice by the City of Canton,
Illinois, that t:he real estate, hereinabove described, has become
conti~~uous to the City of Caciton, so that said real estate is
ca~.~abte of being annexed to the City of Calton under tt~e then
existing Illinois State Statutes, Landowner(s), individually, and
L-or the successors in title, hereby covenant and agree that they
will immediately carise to be prepared and filed at Landowner(s)
expense with the City oL- 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 tt~e City of Canton, Illinois. Tt~e
forey~~ing coveciants herein made by Landowner(s) for their heirs,
succe:~sors, executors, administrators, assigns and successors in
title, shall be deemed a covenant which shall run with and bind the
real estate hereinabove described Eor the term set out in the
iotlowing paragraph.
i. TERM: This agreement, and the covenant, contained in the
fore~~~~ing paragraph, shall be deerm=_d ,n covenant to run with the
land :is aforesaid and s-.ii~1 covenant shall continue to be a covenant
rurcni.ng with the land and minding the land and all successors in
titter until an annexat.iun ordinance is adoZ~ted by the City of
Cant<~n, or the successor in intere~~t of the City of Canton,
ann~:{ing the above aes~~!-ibed parcel, or a part thereof, to the City
of Canton. In no event shall the annexation of any part of the
Eorey~~ing premises in any way affect or release the covenant on the
3
remaining part ~~f tFre premises which is not annexed to the City of
Canton.
6. DEFAULT: in the event an annexation petition is not filed
within the tune limited by the covenant above, the CITY shalt 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 ~rXX~s~rX to Landowners>, 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 reimburse ttre 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 L-avor of tl~e City and against Landowners and/or their successors
in title.
7. RATE: In the eve~it the property becomes contiguous and is
annexed to the pity of Canton as provided in this agreement, then,
and in that event, upon the signature of the Mayor and City Clerk
of the City oL- canton upon said annexation ordinance, the "double"
water ~4XcXXs~~,1 rate, hereinabove provided, shall terminate in its
eriti.rety and Landowner(s), and their successors in interest, shall
be charged a rate similar to that prevailing generally throughout
the City of Canton.
8. REL.EAS~: Upo~i the annexation of the premises herei,i, 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
alt of the real estate, upon the filing of the annexation ordinance
and/v r_ plat of the annexed territ~~ry with the Fulton County
Recorder of Deeds as provided by the Illinois Revised Statutes.
9. RL'CnRDING: 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
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recorded wittl the Recorder of Deeds of Fulton County, Illinois.
T,ando~~~ner (s) shall reimbur_ se the City for any recording fees
expended therefor by the City.
10. BENEFIT: The agreement is binding upon the heirs,
sr~cce:~sors, executors, zdlninistrators, assigns and successors in
title of the parties hereto. ~~/~..
WI'.PNESS the hands of the parties on this LZ-_ day of
October ~ 19 88
( Leonard L. Barnard ), Landowner.
( ), Landowner.
CITY OF CANTON, ILLINOIS, a municipal
corporation
By:
inn a l r3 E Edwards , MAYOR .
-, ~.
ATT`CES'.C: ~ i' ~ L
CITY CLERK.
STAT;~ OF ILLINOIS,
COUNTY OF FUL'rON.
SS.
BEFORI; me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Leonard L, Barnard
personally known to me to be the
carne persons wh:~ executed the foregoing agreement and that they
acknowledged that they executed and delivered said agreement as
their free algid voluntary act for the uses and purposes therein set
forth.
GIVEN uncle- my hand anti Notarial Seal this /'~'~ day of
October 1988
OFFICIAL SEAL ~ I
SUSAN B HENSELER v
NOTARY PUBLIC STATE OF IlL LAOIS Notary Pub 1 i c .
COMMISSION ExP FEB 28.1991
-~s-.------- _._
S'PA'I'H; Oh' ILLINOIS, )
SS.
COUN`T'Y OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Donald ~; Edwards
personally known to me to be the
Ma~~or of tl~e City of Canton, Illinois, a Municipal corporation, and
Nancy Whites
mown to me to be the City Clerk of the City of Canton,sIllinois,
personally known to me to be the same persons who
executed and delivered said agreement as tl~e Mayor and City Clerk
of the City of Canton and caused the seal of the City of Canton to
be atEixed thereto, pursuant to the authority given by the City
Count-il of the City of Canton, Illinois, as their free and
voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this /'~ day of
n~tnhpr , 19 88 ,
oFr~c~u sEA<
SUSAN B HENSELER Notary Pub 1 i c .
NOTARY Pl~~ STATE OF IlLIN015
COMMISSIOP EIP FEB 28,1991
PNCPARED BY AND RC'!'URN TO:
CITY ATTORNEY
CITY HALL
210 E. CHESTNUT ST.
CANTON, IL. 61520
PH: (309) 647-0065
G