HomeMy WebLinkAboutResolution #5465 RESOLUTION NO. 5465
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND SOJOURN FULTON COUNTY,LLC.
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 19th day of March , 2024,upon a roll call vote as follows:
AYES: Alderpersons Chamberlin,Grimm,Lovell,Hale,Ketcham,Lingenfelter
NAYS: None
ABSENT: Alderpersons Nelson, Gossett
APPROVED:
dent A. Mcbowe1LAqyor
Attes
di Walters, City Clerk
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Tx:4290335
PATRICK O'BRIAN
COUNTY CLERK & RECORDER
FULTON COUNTY, IL
RECORDED ON
0412412024 10:57 AM
RECORDING FEE 67.00
PAGES: 5
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation,hereinafter referred to as "City"and Sojourn Fulton County,LLC,their
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:
Part of the South Half of the Northwest Quarter of Section 13, Township 6 North, Range 4 East
of the Fourth Principal Meridian,Fulton County,Illinois,more particularly described as follows:
Beginning at an iron rod found at the southwest corner of said Northwest Quarter, thence North
00 degrees 38 minutes 27 seconds East along the west line of said Northwest Quarter1328.64
feet to an iron rod found at the northwest corner of said South half; thence North 89 degrees 04
minutes 20 seconds East along the north line of said South half 1905.50 feet to an iron rod set;
thence South 82 degrees 09 minutes 46 seconds West 251.63 feet to an iron rod set;thenev South
69 degrees 27 minutes 48 seconds West 399.57 feet to an iron rod set;thence South 45 degrees
03 minutes 54 seconds West 43.10 feet to an iron rod set;thence South 03 degrees 31 minutes 25
seconds West 188.31 feet to an iron rod set; thence South 79 degrees 07 minutes 10 seconds
West 224.65 feet to an iron rod set;thence South 48 degrees 52 minutes 24 seconds West 141.43
feet to an iron rod set; thence South 26 degrees 55 minutes 41 seconds West 349.84 feet to an
iron rod set; thence South 43 degrees 08 minutes 31 seconds West 147.47 feet to an iron rod set;
thence South 75 degrees 38 minutes 06 seconds East 266.16 feet to an iron rod set; thence South
47 degrees 50 minutes 43 seconds East 116.30 feet to an iron rod set;thence South 03 degrees 15
minutes 27 seconds East 251.33 feet a point on the south line of said Northwest Quarter; thence
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` South 89 degrees 04 minutes 30 seconds West along said south line 1026.63 feet to the Point of
,I Beginning.
The above-described Tract contains 30.680 acres, more or less. As shown on a Tract Survey
prepared by Maurer-Stutz, Inc. dated June 2, 2023 and recorded on June 12, 2023 as Document
No.2307073, Slide 604.
PIN Number; 14-14-13-100-002
Common Address: (no address-E. County Hwy 6),Canton,Illinois
WHEREAS,there is an existing water main located adjacent and contiguous to the real
estate owned by Landowners; 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 themselves, 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 fiunish water to the real estate for residential purposes only
hereinabove described owned by Landowner once the tap and necessary hookups are completed.
2. OUT OF TOWN 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.
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4. ANNEXATION: Particularly in consideration of the foregoing extension of and
furnishings of water service to the lot owned by Landowner hereby covenants and agrees for
themselves, their heirs, successors, administrator, 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,
individually, and for their successors in title, hereby covenants and agrees 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 covenants herein made by Landowner 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 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 their
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" water
rate, hereinabove provided, shall terminate in its entirety and Landowner, 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 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
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
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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.
DATED:This day of !�(a�� ,2024,
Luke Luginbuhl;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 ► .1:-1� :1 �_Ir�� 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 ,:2024.
"OFFICIAL SEAL" . �^
NICOLE R LEHR III
Notary Public,State of Illinois Notary Public
My Commission Expires 11/07/2026 .
CITY OF CANTON, ILLINOIS,an Illinois
Municipal Corporation,
By:
Kent A.McDowell, _. yor
Attest: c:
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Andi Walters,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 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 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 J&day of Z0
Notary Public
Prepared by and Return To: OFFICIAL SEAL
CITY OF CANTON CAROL,E KOHLER
2 N.Main Street NOTARY PUBLIC,STATE OF ILLINOIS
Canton,IL 61520 MY COMMISSION EXPIRES:1010212020.
309-647-0065
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