HomeMy WebLinkAboutResolution #5391 •
RESOLUTION NO. n E
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND JANICE M.DOWELL.
WHEREAS,the City of Canton,Illinois (the"City")owns and operates a water main system
located near real property owned by Janice M. Dowell at 25615 E. Middle Lake Road, Canton,
Illinois 61520 (the"Property");
WHEREAS,the Property is not currently annexed into the City;
WHEREAS,Jan Dowell desires to connect to the City's water supply 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 Janice M. Dowell be
approved and entered into by the City prior to providing any water services to Jan Dowell;
WHEREAS, pursuant to Section 11-15.1-3 of the Illinois Municipal Code (65 ILCS 5/11-
15.1-3), notice wasgpublished 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 August 16, 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 day of ,2022,upon a roll call vote as follows:
AYES:
NAYS: 6,4
ABSENT:
APPROVED: QI
Kent A.McDowell,Mayor
Attest:
Andi Walters,Acting City Clerk
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Prepared by and Return To: 2203742
CITY OF CANTON
2 N.Main Street 1 PATRICK O'BRIAN
Canton,IL 61520 COUNTY CLERK & RECORDER
FULTON COUNTY, IL
309-647-0065
RECORDED ON
I X09/13/2022 009:32 AM
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PRE-ANNEXATION AGREEMENT FADES: 4
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THIS PRE-ANNEXATION AGREEMENT ("Agreement"), made by and between the
CITY OF CANTON, ILLINOIS, a municipal corporation, hereinafter referred to as "City" and
JANICE M. DOWELL, individually and on behalf of her heirs, administrators, executors,
assigns and successors in title, hereinafter collectively referred to as "Landowner."Landowner is
hereby collectively representing and warranting that she owns one hundred percent (100%) of
the Real Property 161cated at 25615 E. Middle Lake Road, 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"):
Lot Number 11 of Venovich Estates Subdivision, a subdivision of Part of the
Northeast Quarter of Section 29,Township 7 North,Range 5 East of the Fourth
Principal Meridian,Fulton County,Illinois. Situated in Fulton County,Illinois.
Tax ID No, 10-09-29-202-001
Common Address: 25615 E. Middle Lake Road,Canton,Illinois 61520
WHEREAS, there is an existing water supply main located adjacent and contiguous to
the Real Property; and,
WHEREAS, said water supply main belongs to and is operated, owned and furnished by
the City; and,
WHEREAS, the City has adopted a policy of not extending city services, such as water
service,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 water supply services, and particularly water supply 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,
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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 water
supply, subject to applicable laws, ordinances, and regulations, and the City further agrees to
furnish water supply 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 water 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 water 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 rwater supply service 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 r dadway or utilities.
4. ANNEXATION: In consideration of the foregoing extension of and furnishings of water
service to the Real Property owned by Landowner, the Landowner hereby covenants and agrees
for herself,her 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, and the City of
Canton desires to annex the Real Property, Landowner, individually, and for her successors in
title, 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
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for their heirs, sccessors, 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
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.
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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:
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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 water service to
Landowner, or her 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 thei City of Canton upon said annexation ordinance, the "out of town" water
rate, hereinabove provided, shall terminate in its entirety and Landowner, and her successors in
interest, shall be charged the water 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 PAGE TO FOLLOW]
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DATED: This pC 7 'day of 6101,664Z , 2022.
J ICE M. DOWELL, Landowner
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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 JANICE M.i DOWELL, personally known to me to be the same person who executed
the foregoing agreement and that she acknowledged that she executed and delivered said
agreement as her free and voluntary act for the uses and purposes therein set forth.
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GIVEN under my hand and Notary Seal thisc day of 4,1-,2022.
OFFICIAL SEAL �
CAROL E KOHLER ��
NOTARY PUBLIC-STATE OF ILLINOIS Notary Public
MY COMMISSION EXPIRES:10102/22
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By: , 01/ -.'k-, " -\
Kent A. Mc owel, ayor
Attest: 4/., , ! %0,,y,�
Andi Walters, Acting City Clerk
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
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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 Andi Walters, personally known to me to be the Acting 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 tif day of ;,_ , 20
1/11 2 � •
OFFICIAL SEAL Notary Public
CAROL E KOHLER
NOTARY PUBLIC-STATE OF ILLINOIS
- ', MY COMMISSION EXPIRES:10102122 4
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