HomeMy WebLinkAboutResolution #2044RESOLIITION NO. 2044
A RESOLIITION APPROVING A PRE-ANNEXATION AGREEMENT (ZABORAC)
WHEREAS, the 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 determina-
tion.
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 Council of the City of Canton,
Fulton County, Illinois at a regular meeting this 4th day of
October, 1988 upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarf_f, Meade, Bohler,
May, Chapman.
NAYS: None.
ABSENT: None.
APPRjdyED:
Donald E. Edwards, Mayor
ATTEST:
Na y Whi s, City Clerk. ~
.,,~10i1.'::~11
PRE-ANNEXATION AGREEMENT
THIS AGREEMENT, made by and between the CITY OF CANTON,
I.GLINOIS, a municipal corporation, hereinafter referred to as
"CI'C'i" and Thomas F. Zaborac and Edward V. Zaborac
their. heirs, administrators, executors, assigns and successors in
titlt~, ltereinaft_er collectively referred to as "Landowner(s)",
collectively representing that they are all (100%) of the owners
of the following described real ppropperty,
WITNESSETH:
WHEREAS, Landowner(s) are the owner of a certain residential
lot located in Canton Township, Fulton County, Illinois, said lot
being more particularly described as follows:
A part of Lot 56 in WILDWOOD ADDITION to Canton, Fulton
County, Illinois, described as follows: Beginning at a point
on the North line of Lot 56 in WILDWOOD ADDITION to the City
of Canton, 52.88 feet East of the Northwest corner of said
Lot; thence East along the North line of said Lot 56, a
distance of 65 feet, thence South 82 feet to the South line of
Lot 56, thence South 73°25' West along the South line of said
Lot 68.25 feet, thence North 101.5 feet to the place of
beginning; said real estate being situated in Fulton County,
Illinois,
and
WHEREAS, there is an existing water main 1~A~X3X1~~~~X~:~~~X
located adjacent and contiguous to the real estate owned by
Landowner(s); and
WHEREA.;, s-yid water main belongs to and is filled with water
owned and furnished by the CITY; ~~~XX~~~~X~~W~XX~t3[1~I~X~]fi~t~~t~~XXI~X
~~~X~~XR~~~~~~~x~XX~~NX~~~XX and,
•7
..:
4 ~'
~,~~~1~~~~.~.: ~1z
'. WI-IEREAS, the CITY had adopted a policy of not extending city
services such as sewer and water to real estate located outside
municipal limits of the City of Canton, Illinois; and,
WIiEREAS, Landowner(s) desire to annex to the City of Canton in
order to obtain said city services, and particularly water ~,~g~X
X~~ services which are, at the present time, easily extendable to
their real estate; and,
WIiEREAS, Landowner(s) a.re 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 AND SEWER: The CITY hereby agrees to allow
Landowners ) to `ap said water main ~I~IIa1X~~~~XX~~14~ and the CITY
further agrees to furnish water ~~~X~~~~X to the real estate
hereinabove 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
Canton for water used and consumed by Landowner(s) ~~~X~~4~~xX
~~xXX~~X~~X~~~~~~~X1~~~:, their heirs, successors, executors and
assigns, said rate being computed by using the standard charge then
prevailing for water ~~I~X~~~~X in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water X]~~XB~D~X by
two.
3. INSTALLATION: Landowner(s) agree to pay any and all
installation expense, tappage fees and attorneys fees necessary to
the City of Canton in order to accomplish the extension and
furnishing of water kLl~1~X~~X~X as hereinabove set out. 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 XJD~X~I~XI~X~I~]41dX
~X~~~k'~~XF~X~7~~~X~F~R~~~X~X7~~Xf~~7~X~7~~7~~XP~~X~~~&F~~X~~~X~~7~X~~~~X
2
...
;,~~~ 10 f 1..:
x~R~X~~i on to the real estate hereinabove set out. Landowner(s)
j• also agree to repair and replace, in substantially as good a
condition as it was prior to any excavation, any existing roadway
belon~~ing to or used by the people of the City of Canton or of the
County of Fulton.
4. ANNEXATION: Particularly in colisideration of the
foregoing extension of and furnishings of water X~~~ 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 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 tl~e 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 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. TEKM: 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
Cantors, or the successor in interest of the City of Canton,
annexing the abc>ve described parcel, or a part thereof, to the City
of Canton. In rio 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 ~_imited by the covenant above, the CITY shall have
the following alternative~~:
(a) The CITY may file a petition in the Circuit Court of
Fulton County, iii equity or at law, for the purpose of enforcing
the covenant binding the land hereinabove set out; or,
(b) Tlie CI'CY may elect to refuse to furnish or sell further
water ~XX~~~X to Landowner(s), or their successors in title who
are in violation of this 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 "double"
water ~R1~X~F~~1~X .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 ratificationof this agreement by the City Council,
shall cause a copy of this agreement to be recorded with the
Reco~der of Deeds of Fulton County, Illinois, this agreement.
T~andowner(s) shall reimburse the City for any recording fees
expended thereon by the City.
10. BENEFIT: The agreement is binding upon the heirs,
successors, executors, administrators, assigns and successors in
title of the parties hereto.
4
-,.
~,~~~ 1(171:: 31
WITNESS the hands of the parties on this 22nd day of
September , 19 _88~`
s F. Zabo~ac ), Lan
( Edward V~. Zabol?'a!c ) ,
caner.
owner.
CITY OF CANTON, ILLINOIS, a municipal
corporati
. Gs~=[.tea-•-
13y : C ~
Donald E. Edwards , MAYOR.
ATTTEST:
Nanc Whi es , CITY CLERK.
STATE OF ILLINOIS, )
SS.
COUNTX OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Thomas F. Zaborac and
Edward V. Zaborac , personally known to Ine 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 '.
September
tarial Seal this 22nd day of
19 88 . A
Notary Pub c.
oesaeee
OFFICIAL SE AI
JAMES H MALM6REN
STATE O F I L L I NO I S, ) NOTARY PUBLIC STA1E Of IllINOIS
S S . MY COMM. EXP. DEC 30,1990
COUNTY OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Donald E. Edwards
personally known to me to be the
Mayor of the City of Canton, Illinois, a Municipal corporation, and
Nancy Whites , personally
known to me to be the City Clerk of the City of Canton, Illinois,
personally known to me to be the same persons who
5
~.
'r .
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 ttie City of Canton, Illinois, as their free and
voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and otarial Seal this 27th day of
September 19 gg
f ~'~
OfFICIAI SEAL `
JAMES H MALMGREN
NOTARY PUBLIC SIATE Of ILLINOIS
MY COMM. EXP. DEC 30,1990
1VC~LdLY ru
C.
~~- X936'7
Prepared by and
return to:
~~la.do
James H. c~Ialingren
Attorney at Law
369 N. Main Street
Canton, IL. 61520
PH: (309) 647-0647
~I COUNIR ~ El;OttL' ON~'yN~ C, Q
AT NIAND~ DlJ1,T~1' lJ
IiECDRDEp M ~~
couNTr aEfNt a N~
6
-.
PRL-ANNEXATION AGREEMENT
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corporation, hereinafter referred to as
"CITY" and Thomas F. Zaborac and f:dward V. Zaborac ,
their heirs, administrators, executors, assigns and successors in
title, Yiereinaff:er collectively referred to as "Landowner(s)",
collectively representing that they are all (100) of the owners
of the following described real ppropperty,
WITNESSETH:
tVHEREAS, Landowner(s) are the owner of a certain residential
lot located in Canton Township, Fulton County, Illinois, said lot
being more particularly described as follows:
A part of Lot 56 in WILDWOOD ADDITION to Canton, Fulton
County, Illinois, described as follows: Beginning at a point
on the North line of Lot 56 in WILDWOOD ADDITION to the City
of Canton, 52.88 feet East of the Northwest corner of said
Lot; thence East along the North line of said Lot 56, a
distance of 65 feet, thence South 82 feet to the South line of
Lot 56, thence South 73°25' West along the South line of said
Lot 68.25 feet, thence North 101.5 feet to the place of
beginning; said real estate being situated in Fulton County,
Illinois,
and
6VHEREAS, there is an existing water main R~A'~XiXX~I~~X:~aI~4RX
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; ~~}~XXXR~~XX~}gRXX~tX1~1~X~~~l~l4l~}~XXI4X
~~~X~~X4~f~~RN~X4~X~XX#~1~X~~xXX and,
WfiEREAS, the CI'PY had adopted a policy of not extending city
services such as sewer and water to real estate located outside
municipal limits of the City of Canton, Illinois; and,
WkiEREAS, Landowner(s) desire to annex to the City of Canton in
order to obtain said city services, and particularly water ~~gtX
Xg~g 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
a-inex 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 AND SEWER: The CI`PY hereby agrees to allow
Landowner(s) to *ap said water main 3ili~lXXI~3~I~XXY7~l4~ and the CITY
further agrees to furnish water XM~XXXgQXY to the real estate
hereinabove 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
Canton for water used and consumed by Landowner (s ) X141~X1~1~~1~XX
XXxX7C~XXK~X~XI~~~~€XX1~X~k, their heirs, successors, executors and
assigns, said rate being computed by using the standard charge then
prevailing for water xX~XXXXI~X in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water X14~XSX~XX by
two.
3. INSTALLATION: Landowner(s) agree to pay any and all
installation expense, tappage fees and attorneys fees necessary to
the City of Canton in order to accomplish the extension and
furnishing of water xX]~XHX3~X as hereinabove set out. Landowner(s)
agree, at their sole expense, to extend a standard one inch line
frorn the point of tappage with the CITY'S water main x7D]~XXI~XXXtIea4ldX
XXX~X~I~~1(I~X~~~I4X~F~~~1~~X~)47~RrX~~XX~7~~7~~XR~X~~B&1~~7~X~~~X~~7~X~~~~X
2
x~~XXik~ on to the real estate hereinabove set out. Landowner(s)
also agree to repair and replace, in substantially 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}X~tX 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 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 tl~e 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 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 ~~s 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 abc:ve 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 ~_imited by the covenant above, the CITY shall have
the following alternativeC:
(a) The CITY may file a petition in the Circuit Court of
Fulton County, isi equity or at law, for the purpose of enforcing
the covenant binding the land hereinabove set out; or,
(b) Tlie CI'~Y may elect to refuse to furnish or sell further
water 4~XX~1~~X to Landowner(s), or their successors in title who
are in violation of this 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 "double"
water ~R~X~~€x1~X 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 ratificationof this agreement by the City Council,
shall cause a copy of this agreement to be recorded with the
Recorder of Deeds of Fulton County, Illinois, this agreement.
.Landowner(s) shall reimburse the City for any recording fees
expended thereon by the City.
10. BENEFIT: The agreement is binding upon the heirs,
successors, executors, administrators, assigns and successors in
title of the parties hereto.
4
WITNESS the hands of the parties on this 22nd day of
September , 19 8__TB,o\
s F. Zabo~ac
( Edward V'. Z abo
Landowner.
), Landowner.
CITY OF CANTON, ILLINOIS, a municipal
corporat'
Y'
Donald E. Edwards , MAYOR.
ATTTEST:
Nanc Whi s , CITY CLERK.
STATE OF ILLINOIS, )
SS.
COUNTY OF FUL'rON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Thomas F. Zal~orac and
Edward V. Zaborac , 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 '.
September
tarial Seal this 22nd day of
19 88 . ~
Notary Pub c.
....a
OFFICIAL SEAL
JAMES H NALMGREN
STATE O F I L L I NO I S, ) NOTARr iuBlIt STATE Of ILLINOIS
) S S . MY COMM. EXP. DEC 30,1990
COUNTY OF FULTON. )
aEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Donald E. Edwards
personally known to me to be the
Mayor of the City of Canton, Illinois, a Municipal corporation, and
Nancy Whites _ , personally
known to me to be the City Clerk of the City of Canton, Illinois,
personally known to me to be the same persons who
5
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 aft-ixed 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.
GIVEN under my hand and otarial Seal this 27th day of
September ~ 19~_.)
OFFICIAL SEAL
JAMES H MALMGREN
NOTARY PUBLIC STATE OF ILLINOIS
MY COMM. EXP. DEC 30,1990
Prepared by and
return to:
James H. idalingren
Attorney at Law
369 N. Main Street
Canton, IL. 61520
PH: (309) 647-0647
Notary Puipiic.
6
I?:1;E-ANNEXATION AGREEMENT
THIS AGPEEMENT, made by and between the CITY ON' CANTON,
I.[~LIPJOTS, a municipal corporation, hereinafter referred to as
"CIT't" and Thomas F. Zaborac and r:dward V. Zdborac ,
their heirs, administrators, executors, assigns and successors in
title, liereinaft_er collectively referred to as "Landowner(s)",
collectively representing that they are all (100x) of the owners
of the following described real ppropperty,
WITN.ESSETH:
WHEREAS, Landowner(s) are the owner of a certain residential
lot located in Canton Township, Fulton County, Illinois, said lot
being more particularly described as follows:
A part of Lot 56 in WILDWOOD ADDITION to Canton, Fulton
County, Illinois, described as follows: Beginning at a point
on the North line of Lot 56 in WILDWOOD ADDITION to the City
of Canton, 52.88 feet East of the tdorthwest corner of said
Lot; thence East along the iJorth line of said Lot 56, a
distance of 65 feet, thence South 82 feet to the South line of
Lot 5'0, thence South 73°25' West along the South line of said
Lot 68.25 feet, thence North 101.5 feet to the place of
beginning; said real estate being situated in Fulton County,
Illinois,
and,
[VHEREAS, tl~ere is an existing water main ~X~~XI~~I~~X~~~4~'•X
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; g~~~XX~~~~X~~~X~AN1~X~~~~~~1~X~.1~iX
~~~Y~~~~~~f~~~~~~:~~>~XX~~~XX~~~}:~ a nd ,
EXHIBIT A,
Resolution No. 2044
WHEREAS, the CITY had adopted a policy of not extending city
servic<~s such as sewer and water to real estate located outside
municipal limits of the City of Canton, Illinois; and,
WI~EREAS, Landowner(s) desire to annex to the City of Canton in
order to obtain said city services, and particularly water ~~g}X
X~g services which are, at the present time, easily extendable to
their real estate; and,
WHEREAS, Landowner(s) a.re not yet contiguous to the City of
Cantors 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, THEk:r:,FURE, 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 AND SEWER: The CITY hereby agrees to allow
Landowners ) to tap said water main ~tI~~1X~~3~~XX~7~~4~ and the CITY
further agrees to furnish water ~4~~X3€~~t~X to the real estate
hereinabove 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
Canton for water used and consumed by Landowner(s) ~I~~X~~~~XX
~~xXXX~X~~X~X~~I~X~~x~~~k, their heirs, successors, executors and
assigns, said rate being computed by using the standard charge then
prevailing for water X}II~XX~~~x in the City of Canton, Illinois, and
multiplying that prevailing charge per unit of water X1'~~XXfiD~~x by
two.
3. INSTALLATION: Landowner(s) agree to pay any and all
installation expense, tappage fees and attorneys fees necessary to
the City of Canton in order to accomplish the extension and
furnishing of water Xl4~XX~~x as hereinabove set out. 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 X14~X~1~Xi~X~1~7~1~X
i~X~~XX ~XXA~X~~~XX~~R~~~X~XI~~X~~XkB~~X~~X~~X~r~I?&Ri~X~~~X~~7~X~'~~~X
2
,~ on to the real estate hereinabove set out. Landowner(s)
also agree to repair and replace, irr substantially 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. ANNEYATION: Particularly in consideration of the
foregoing extension of and furnishings of waterX~r~X~~ 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
alt of the foregoing described real estate, that within sixty (60)
days after being given written notice by the City of Canton,
Illinois, that tyre real estate, hereiuak:ove 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 with the City of
Canton a petition for annexation for the parcel or parcels
tereinabove 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 tl~e City of
Canton, or the successor in interest of the City of Canton,
annexing the abc:ve described parcel, or a part thereof, to the City
of Carton. In rro 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 net annexed to the City of
Canton.
6. DEFAULT: In the event an annexation petition is not filed
within the time ?imited by the covenant above, the CITY shall have
the following al~.ernative~;:
(a) The CITY may file a petition in the Circuit Court of
Fulton Comity, i:i equity or at law, for the purpose of enforcing
the covenant binding the land her_einabovA set out; or,
(b ) Tl~e CI'CY may elec t to refuse to furnish or sell further
water ~gX~I~~X to Landowner(s), or their successors in title who
are in violation of this 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 "double"
water ~R~.X~~~T~X rate, 1ereinabove 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.
$. RELEASE: Upon the annexation of the premises herein, or a
part thereof, the covenant rucining 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 ratificationof this agreement by the City Council,
shall cause a copy of this agreement to be recorded with the
Recorder of Deeds of Fulton County, Illinois, this agreement.
Landowner(s) shall reimburse the City for any recording fees
expended thereon by the City.
10. BENEFIT: The agreement is binding upon the heirs,
successors, executors, administrators, assigns and successors in
title of the parties hereto.
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tvI`1'NESS the hands of the parties on this
September , 19 88~.
day of
T 4 T1i~~Ias F. Zabo~ ac ) , Lando~~~ner.
~ ~ ~ ~-~~
( Edward V. Zabo~ c ), Landowner.
CITY OF CANTON, ILLINOIS, a municipal
corporation
Fay
Donald E. Edwards , MAYOR.
ATTTEST:
Nancy Whites , CITY CLERK.
STATE OF ILJ~INOIS, )
SS.
COUNTY OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Thomas F. Zaoorac and
Edward V. Zaborac , 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 N tarial Seal this 22nd day of
September 19 88 .~
Notary Pub c.
e.e«
OFfICIAI SEAL
JAMES H MALMGREN
STATE O F I L L I NO I S, ) NOTARY pUBIIC SATE Of IllINOIS
S S . MY C0~~1M. EXP. DEC 30,1990
CO[JNTY OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in
the State aforesaid, personally appeared Donald E. Edwards
personally known to me to be the
Mayor of ttie City of Canton, Illinois, a Municipal corporation, and
Nancy Whites , personally
known to me to be the City Clerk of the City of Canton, Illinois,
personally known: to Ine to be the same persons who
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i
executed and del5 vered said agreement as t}:Ie Mayor and City Clerk
of_ the City of Canton acid caused the seal of the City of Canto~i to
be afrixed thereto, pursuant to the authority given by the City
Council of ttie 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
September - 19 88
Notary Public.
Prepared by and
return to: James H. i~Ialmgren
Attorney at Law
369 N. I~iain Street
Canton, IL. 61520
PH: (309) 647-0647
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