HomeMy WebLinkAboutResolution #3898 (2) RESOLUTION NO. 3 8 9 7
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND CORY SCHOONOVER.
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 21Sttiay of July , 2009, upon a roll call vote as follows:
AYES: The vote was by unanimous voice vote. All Aldermen
were present of Rick Reed, Eric Schenck, Craig West,
Larry Sarff, Jorge Rivero, Jerry Ellis, Jim Hartford,
Jason Strandberg.
NAYS:
ABSENT: None.
APPROVED: �`-"�_
Kevin R. Meade, Mayor
Attest:
,,��� , �
Nancy White City Clerk
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PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and CORY SCHOONOVER, his heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that he is all (100%) of the owners of the following
described real property,
WITNESSETH:
WHEREAS, Landowner is 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 30, Township 7 North, Range 5 East of the Fourth
Principal Meridian, Fulton County, Illinois more particularly described as follows and bearings
refer to the Illinois State Plane Coordinate System, West Zone:
Beginning at a Stone at the Southeast corner of said Northwest Quarter of Section 30 bearing
South 89 degrees — 33' 49" West, a distance of 576.89 feet; thence bearing North 10 degrees —
20' —37" East, a distance of 61.59 feet to an iron rod; thence bearing South 82 degrees 53' — 59"
West, a distance of 157.94 feet to an iron rod; thence bearing South 00 degrees—33' — 17" East,
a distance of 42.18 feet to said South line; thence along said South line bearing South 89 degrees
—33 - 49" West, a distance of 306.02 feet to an iron rod; thence bearing North 21 degrees—27' —
12" East, a distance of 105.70 feet to an iron rod; thence bearing North 14 degrees — 30' - 07"
West, a distance of 175.95 feet to an iron rod; thence bearing North 25 degrees—25' —02" West,
a distance of 102.70 feet to an iron rod; thence bearing North 22 degrees — 51' — 45" East, a
distance of 108.16 feet to an iron rod; thence bearing North 81 degrees — 02' — 29" West, a
distance of 72.70 feet to an iron rod; thence bearing North 06 degrees — 59' — 36" West, a
distance of 59.41 feet to an iron rod; thence bearing North 37 degrees — 22' - 55" West, a
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distance of 1 U 1.52 feet to an iron rod; thence bearing South 88 degrees — 1 U' — 22" West, a
RESOLUTION NO.
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND CORY SCHOONOVER.
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 day of , 2009, upon a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED:
Kevin R. Meade, Mayor
Attest:
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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, individually, and
for his successors in title, hereby covenant and agree that he 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 Landowner for his 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 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 Landowner, or his
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 "double" water rate,
hereinabove provided, shall terminate in its entirety and Landowner, and his successors in
interest, shall be charged the rate from time-to-time prevailing generally throughout the City of
Canton.
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
andlor 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. Landowner shall reimburse the City for any recording fees
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distance of 177.23 feet to the West line of the Linda D. Webb property; thence along said West
line bearing North O1 degrees — 10' — 12" East, a distance of 137.76 feet to an iron rod; thence
bearing South 89 degrees — 51' — 18" East, a distance of 1483.72 feet to an iron rod of the East
line of said Northwest Quarter; thence bearing South O1 degrees — 39' — 11" West, a distance of
713.22 feet to the Point of Beginning, situated in the County of Fulton and the State of Illinois.
Common Address: 24557 E. Lakeview Drive,Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner; 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, Landowner desires 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, Landowner is 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 Landowner for himself assigns and
successors in title, do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowner 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 Landowner once the tap and necessary hookups are completed.
2. DOUBLE RATE: Landowner agrees 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 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: Landowner agrees to pay any and all installation expense, tap fees
and attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of
water as hereinabove set out. Landowner also agrees to repair and replace, in substantially as
good a condition as it was prior to any excavation, any existing public or private roadway.
4. ANNEXAT�ON: Particularly in consideration of the foregoing extension of and
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himself, his heirs, successors, administrator, executors, assigns and subsequent holders of title to
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporat'on,
By:
,
Kevin R. Meade, Mayor
Attest:
Nancy W tes, 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 Kevin R. Meade, personally known to me to be the Mayor of the City of
Canton, Illinois and Nancy Whites, 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 , 20�.
OFFICIAL SEAL "
CAROL E. KOHI.ER Notary Public
t+oraRv�ue��c,s�nr�aF iun�o�s
tYIY COMIMI3SION EXPIRES 10-2-2010
Prepared by and Return to:
Chrissie L. Peterson
City of Canton
2 N. Main Street
Canton, IL 61520
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�day of J v/- , 2009.
!�
ory Schoonover
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 CORY SCHOONOVER, personally known to me to be the same person who executed
the foregoing agreement and that he acknowledged that he executed and delivered said
agreement as his free and voluntary act for the uses and purposes therein set forth.
G��
: GIVEN under my hand and Notary Seal this / day of , 2009.
/ ,� 0'�'�-�'�-'/
Notary Public
OFFICIAL SEAL
CAROL E. KOHLER
NOTARY PUBUC,3TATE OF ILLWOIS
MY COMMI3SION IXPIRES 10-2-2010