HomeMy WebLinkAboutResolution #5379 RESOLUTION NO 5379
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND CHARLES ("TROY")T. PUTMAN.
WHEREAS, the City of Canton, Illinois (the "City") owns and operates a sanitary sewer
system located near real property owned by Charles T. Putman ("Troy Putman") at 1585 E. Walnut
Street, Canton, Illinois 61520 (the"Property");
WHEREAS,the Property is not currently annexed into the City;
WHEREAS,Troy Putman desires to connect to the City's sanitary sewer system;
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 with Troy Putman be
approved and entered into by the City prior to providing any sewer services to Troy Putman;
WHEREAS, pursuant to Section 11-15.1-3 of the Illinois Municipal Code (65 ILCS 5111-
15.1-3), notice was published not more than 30 days nor less than 15 days prior to a public hearing
regarding the Pre-Annexation Agreement;
WHEREAS, the City properly held a public hearing on June 7, 2022, prior to the adoption of
this Resolution approving the Pre-Annexation Agreement.
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 7 day of June, 2022, upon a roll call vote as follows:
AYES: Alderperson Justin Nelson, Craig West, Angela Hale, Jeff Fritz, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin,John Love' ree
APPROVED:
nt A. McDowell, r
res r-
UWPav ey-
ock, City Clerk
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Prepared by and Return To: 2203422
CITY OF CANTON FTIC'� o EIHt�
2 N. Main Street COUNTY CLERK <<r RECORDERCanton,IL 61520 FULTON COUNTY, IL
309-647-0065 RECORDED ON
PRE-ANNEXATION AGREEMENT PAGES e 4
THIS PRE-ANNEXATION AGREEMENT ("Agreement"), made by and between the
CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and
CHARLES T. PUTMAN, individually and on behalf of his heirs, administrators, executors,
assigns and successors in title, hereinafter collectively referred to as "Landowner."Landowner is
hereby collectively representing and warranting that he owns one hundred percent (100%) of the
Real Property located at 1585 E. Walnut Street, Canton, Illinois 61520, which is more fully
described below.
WITNESSETH:
WHEREAS, Landowner is the owner of a certain real property located in Fulton County,
Illinois, and being more particularly described as follows (hereinafter the"Real Property"):
A part of 3 acres off the East side of the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter of Section 26, Township 7
North, Range 4 East more particularly described as follows:
Commencing at the Southeast corner of said Southeast Quarter; thence
bearing South 89 degrees 10 minutes 33 seconds West, a distance of 99.00
feet along the South line of said Southeast Quarter to the Actual Point of
Beginning; thence bearing South 89 degrees 10 minutes 33 seconds West, a
distance of 99.00 feet, more or less, along said South line to a point marked
by an iron pin; thence bearing North 0 degrees 00 minutes 00 seconds
East, a distance of 250.00 feet, more or less, to a poi nt marked by an iron
pin; thence bearing North 89 degrees 10 minutes 33 seconds East, a distance
of 99.00 feet, more or less, to a point marked by an iron pin; thence bearing
South 0 degrees 00 minutes 00 seconds West, a distance of 250.00 feet, more
or less, to the Point of Beginning, containing 0.568 acre, more or less,
subject to the rights, if any, of the public for 'roadway purposes along the
South side of said tract; situated in the County of Fulton and State of
Illinois.
Tax ID No. 09-08-26-416-031
Common Address: 1585 East Walnut Street,Canton,Illinois 61520
WHEREAS, there is an existing sanitary sewer main located adjacent and contiguous to
the Real Property; and,
WHEREAS, said sanitary sewer main belongs to and is operated, owned and furnished
by the City; and,
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WHEREAS, the City has adopted a policy of not extending city services, such as
sanitary sewer, 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 sanitary sewer services, and particularly sanitary sewer services which are, at the present
time, easily extendible to the Real Property; 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 Landowners for themselves, assigns
and successors in title, do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowner to connect to said
sanitary sewer, subject to applicable laws, ordinances, and regulations, and the City further
agrees to furnish sanitary sewer services to the Real Property for residential purposes only once
the necessary connections are completed.
2. OUT OF TOWN RATE: Landowner agrees to pay to the City of Canton any sanitary
sewer rates for out-of-town users/landowners, which may be established by the City from time-
to-time. In the event the City does not establish a separate out-of-town rate, then the Landowner
shall pay the same rate for sanitary sewer services as Canton residents.
3. INSTALLATION: Landowner agrees to pay any and all installation expenses, tap fees,
connection fees, and attorney's fees to the City of Canton necessary to accomplish the extension
and furnishing of sanitary sewer service as hereinabove set out. Landowners also agree to repair
and replace, in substantially as good a condition as it was prior to any excavation, any existing
public or private roadway or utilities.
4. ANNEXATION: In consideration of the foregoing extension of and furnishings of sewer
service to the Real Property owned by Landowner, the Landowner hereby covenants and agrees
for himself, his heirs successors, administrator, executors, assigns and subsequent holders of title
to any part or all of the foregoing described Real Property, 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, and 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, he will immediately cause to be prepared and filed
with the City of Canton a petition for annexation for the Real Property and proceed through
normal procedural channels to have such property annexed to the City of Canton, Illinois. These
covenants herein made by Landowners for their heirs, successors, executors, administrators,
assigns and successors in title, shall be deemed a covenant which shall run with and bind the
Real Property hereinabove described for the term set out in the following paragraph.
5. TERM: This Agreement and the covenants contained in the foregoing paragraph, shall
be deemed a covenant to run with the land as aforesaid and shall continue to be covenants
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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 provide further sewer service 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 "out of town" sanitary
sewer rate, hereinabove provided, shall terminate in its entirety and Landowners, and their
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 Real Property 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 and/or 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
expended therefore by the City.
10. BENEFIT: The agreement is for the benefit of and is binding upon the assigns and
successors in title of the parties hereto.
[SIGNATURE PAGES TO FOLLOW]
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DATED: This day of , 2022.
CHARLES T. PUT , Landowner
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 CHARLES T. PUTMAN, 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 Notary Seal this day of , 2022.
OFFICIAL SEAL ( -
CAROL E KOHLER Notary Public
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10102/22
CITY OF CANTON,ILLINOIS, an Illinois
Municipal Corporation,
By: al. �Ao
t A. McDoW4X4ayor
Attest:
Diana Pavley- tty 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 KENT A. McDOWELL,personally known to me to be the Mayor of the
City of Canton, Illinois and Diana Pavley-Rock, 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,A�?—
OFFICIAL SEAL Notary Public
CAROL E KOHLER
i�v T A RY PUBLiC-S'FATE OF ILLINOIS
MY COMMISSION EXPIRES:10/02/22 4