HomeMy WebLinkAboutResolution #3958 RESOLUTYON N0. 3 9 5 8
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND HAROLD BRAZEE AND MAIDA WILLTAMS.
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, Iltinois as follows:
1. That the Canton City Council hereby finds the foregoing recitals ta be fact.
2. That the Pre-Annexation Agreement, a copy of which is attached as Exhibit A,
is hereby approved by the Canton City Conncil 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 21 day of June , 2011, upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, Ellis, Pickel, 1Hartford
NAYS: None
ABSENT• Aldermen Nelson, West
APPROVED• -
• evin R. Meade, Mayor
ucker, City Clerk
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corpora#ion, hereinafter referred to as "City" and Harold Brazee and Maida
Williams, their heirs, administrators, executors, assigns and successors in title, hereinafter
collectively referred to as "Landowners", collectively representing that they are all {100%) of the
owners of the following described real property,
WITNESSETH: ~
WHEREAS, Landowners are the owners of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being rnoze particularly described as follows:
Parcel One: Lot 2 Goose Lake Farms Subdivision, a part of the Southwest Quarter of
Section 30, Township 7 North, Range S East of the Fourth Principal Meridian, Fulton
County, IlIinois.
Parcel Two: A tract of land located in a part of the Southwest Quarter of Section 30,
Township 7 North, Range 5 East of the Foarth Principal Meridian, Fulton County, Illinois.
More particulariy bounded and described as follows and bearing are for the purpose of
description only:
Commencing at an iron rod at the Northwest corner of the Southwest Quarter of said
Section 30; thence North 89 degrees 34 minutes 43 seconds East, along the North line of the
Southwest Quarter of said Section 30, a distance of 824.42 feet ta an iron rod at the
Northeast corner of an existing tract; thence South 00 degrees 25 minutes 17 seconds East,
along the East line of said tract, 400.00 feet to an iron rod at the Southeast corner of said '
tract, said iron also being the Place of Beginning for the tract to be described; thence South
00 degrees 49 minutes 48 seconds West, 274.63 feet to an iron rod at the Northwest corner
of an existing 9.95 acre tract; thence South 00 degrees 54 minutes 12 seconds West, along
the West line of said tract 325.00 feet to an eron rod at the Northeast corner of an existing
tract; thence North 89 degrees 49 minutes 30 seconds West, along the North line of said
tract, 602.83 feet to an iron rod at the Northwest corner of said tract; thence North QO
degrees 31 minutes 08 seconds East, along the East line of Swartzbaugh Acres, 593.2d feet
to an iron rod at the Southwest corner of an existing tract; thence North $9 degrees 34
minutes 43 seconds East, along the South line of said tract, 606.57 feet to the Place of
Beginniug and containing 8.28 acres, more or less. Subject to all easements of record
together with an existing 30 foot wide easement for ingress and egress rnnning from the
Northwest corner of the above described tract, North to Ash Street.
PIN: 10-09-30-340-014 {part)
PIN: 10-09-30-300-022
Common Address: 0 Boat Dock Road, 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, Landowners desire 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, Landowners aze 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 Landowners to tap said water main
and the City further agrees to furnish water to the real estate for residentiai purposes only
hereinabove described owned by Landowners once the tap and necessary hookups are
completed.
2. DOUBLE RATE: Landowners agree to pay to the City of Canton double the amount af
prevailing ,rate inside the City of Canton for water used and consumed by using the standard
chazge then prevailing for water in the City of Canton, Illinois, and multiplying that prevailing
charge per unit of water by tvvo.
3. INSTALLATION: Landowners agree 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. 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.
4. ANNEXATION: Particularly in consideration of the fozegoing extension of and
furrushings of water service to the lot owned by Landowners hereby covenant and agree 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, Landowners,
individually, and for their 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 norn~al procedural channels to
have covenants herein made by Landowners for their heirs, successors, executors, adnninistrators,
assigns and successors in title, shall be deemed a covenant which shail 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, sha11 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 a11 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 Ciry of Canton.
6. DEFAULT: In the event an annexation petition is not filed within the time limited by the
covenac~t 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 Landowners, or
their successors in #itle who are in violation of the covenant.
7. RA.TE: 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, sha11 terminate in i~s 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 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
of Deeds of Fulton County, Illinois. Landowners 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 ~ u W L'~ , 2011.
G~~'~ ~ ~ ,
Harold Brazee, Land ner Maida V~'illiams, 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 Harold Brazee and Maida Williams, personalfy 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
purpases therein set forth. ' ~
GIVEN under my hand and Notary Seal this ~ day of 2011.
~
{~1t~AL ~ Notary Public
~ E KOHLER
- ~ptMv.PUa~~c • sT~TE oF n.unas
My~$$IpN EXPIRES t010?11~
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corpora 'on,
By:
evin R. Meade, May r
Attest:
ana Tucker, City Cler _
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 af Canton, Illinois and Diana Tucker, 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 t~e
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~.
c~a
E
a
~ - ~
NO~ARY PuflLIC - STA7E OF ILLINOIS otary Public
MY CCN+~MIS510N E~OPIRfS;10ro2/1~
.
Prepared by and Return To:
CITY OF CANTUN
2 N. Main Street
Canton, IL 61520
309-647-0065