HomeMy WebLinkAboutResolution #3993
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RESOLUTION NO. ''`_s~
A RESOLUTION APPROVING A UTILITIES EXTENSION AGREEMENT FOR LAKELAND
PLACE DUPLEX CONDO DEVELOPMENT BETWEEN THE CITY OF CANTON AND CRAIG
H~LTHAUS
WHEREAS, Craig Holthaus proposes to develop Lakeland 1'lace Duplex Condo Development; and
WHEREAS, Craig Holthaus requested the City's assistance in extending water and sanitary sewer to
the site of the project; and
WHEREAS, the Lega1 and Ordinance Committee has determined that it is necessary and in the best
interests of the City of Canton to facilitate residential growth by assisting with the extension of water and
sanitary sewer to the site pursuant to the terms of the Utilities Extension Agreement, attached hereto and
incorporated herein as Exhibit "A";
WHEREAS, the City Council of the City of Canton has made a similar determination.
N4W, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
i. That the Utilities Extension Agreement attached hereto and incorporated herein as Exhibit "A" is hereby
approved by the Canton City Council.
2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby autharized and directed to
execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediateiy upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the Ciry of Canton, Illinois at a regular meeting this day of June, 2012
upon a roll call vote as follows:
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AYES: ~ ~a~c fn"7 ~nr ~~c ~~r-~ ~~Jc.U~~o-i~~C ~~c= S~'~'f )(,~f~f"~ r; -tc , t Z~ ~ lS
NAYS: N ~ r~ r~
ABSENT: ~ ~~~,-,-y~~,~c /~l~I S~
APPR4 E . ; ~
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~ Kevin . Me e, Mayor
ATTE :
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Di avley, City Clerk
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JAMfiS I. HELS011
COUIITY CLERK b RECdRDEIt
FULTOM COUMTY. IL
Prepared By & Return To: RECORDED OH
Chrissie L. Peterson 08/ib/2012 03:27:39P?I
CITY OF CANTON REG FEE: 54. 0~
2 North Main Street PAGES: i~
Canton, IL 61520
309-647-0065
UTILITIES EXTENSION AGREEMENT
Lakeland Piace Duplex Condo Development
Lakeland Park Drive/Rt. 78 North, Canton, Illinois
THIS AGREEMENT, (hereinafter referred to as the "Agreement") made and entered into this
3~ =~day of , 2012, by and between the City of Canton (hereinafter refened to
as"Ciry") n ough the Mayor and City Council (hereinafter collec~ively refened to as
"Corparate Auth s") and Craig Holthaus (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the City of Canton is a non-home rule unit by virtue of the provisions of the
Constitution of the State of Illinois of 1470; and
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the
"Property") comprising of approximately 3.5 acres legally described and identified in the Legal
Description, attached hereto as Exhibit A and made a part hereof, and which real estate is ~within the
corporate limits of the City; and,
WHEREAS, a map of the property is attached hereto as E~cliibit B, which depicts the tota.l area
to be developed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable
to the R-4 Multi-Family Residential District of the City Zoning Code to construct a subdivision
consisting of six (6) duplexes or twelve (12} individually owned and deeded lots, with each unit
constructed to have a total square footage between 1,200 SF to 1,600 SF and constructed per requests
of 2403 International Residential Building Code; and,
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WHEREAS, Owner proposes that Lakeland Place shall ba open to anyone seeking modern,
energy efficient, maintenance free, ranch style homes but will be especially suited for retired persons;
and,
WHEREAS, the duplex units will be privately owned and maintained and as such, lawn care,
snow removal and garbage pickup will be provided by private contractors arranged through the
Lakeland Place Association; and,
WHEREAS, the access drive, though intended to be a private drive, shall be designed and
constructed in accordance with the 2003 International Fire Code to accommodate emergency vehicles;
and,
WHEREAS, anticipated price range for each duplex unit is approximately One Hundred Sixty-
five Thousand Dollars {$165,000.00}; and,
WFIEREAS, the Owner has requested the City's assistance in extending water and sanitary
sewer to the site by boring under State Route 78 and Lakeland 1'ark Drive for an anticipated cost of
approximately Forty Thousand dollars ($40,000.00); and, .
WHEREAS, Section I1-150-1 of the Illinois Municipal Code (65 ILCS 5/11-150-1 et. seq.)
enumerates the general powers of a municipality regarding sewer and water facilities:
The corporate authority of any municipality operating a water works, sewerage or a
combined water works and sewerage system have the power by ordinance to collect a fair
and reasonable chazge for a connection to any such system in addition to those charges
covered by normal taxes, for the construction, expansion and extension of the work of the
system, the charge to be assessed to new or additional users of the system and to be
known as a connection charge, except that no connection or water usage charge shall
exceed the actual cost required for the installation or usage of an automatic sprinkler
system. The funds thus collected shall be used by the municipality for its general
corporate purposes for its primary application thereof being made by the necessary
expansion of the works of the system to meet the requirements of the new users thereof;
and
WHEREAS, the Illinois Supreme Court has upheld ordinances enacted to establish
connections needed pursuant to Section 11-150-1 and the Court has determined that local governments
are authorized to enact connection fee ordinances because the General Assernbly had delegated that
power to local governments (Hartman vs. Aurora Sanitary District, 23 Ill. 2d 109, 177 N.E. 2d 214
(1961)}; and,
WFTEREAS, the Corporate Authorities after due and caxeful consideration have concluded that
the City's assistance for extending water and sanitary sewer to the site to the property would serve the
best interest of the City.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties to agree as follows:
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1. Anplicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 5/11-150-1 et. seq., of the Illinois Municipal code (65 ILCS 5/11-150-
1 et. seq. The preceding whereas clauses are hereby made a part of this Agreement.
2. Proof of Ownershit~. On or prior to the date of this Agreement, the City shall have received
proof that Owner is the sole and fee simple ov~mer of the Property. Owner will provide a
fully recorded deed any such supporting documents as the City may request. In the event
the City fails to receive proof of ownership on or prior to the date of this Agreement, for
any reason, this Agreement shall be terminated, at the sole option of the City, without fault
as to either party
3. Subdivision Compliance and Validitv. The Owner must file with the City Clerk a
preliminary plat application pursuant to and in accordance with the provisions of the Illinois
Platt Act (765 ILCS 205/1 et. seq.) and as the same may have been modified by Chapter 11
(Subdivision Regulations) of Title 10 (Zoning Regulation) of the Canton Municipal Code,
conditioned on the execution of this Agreement and the compliance of the terms and
provisions contained herein, to subdivide the property within the City. It is understood and
agreed that this Agreement in its entirety, together with the preliminary plat application,
shall be null, void and of no force and effect unless the property is validiy suhdivided
within the City by the final plat being received and approved by the Corporate Authorities,
all have contemplated this Agreement.
4. Zoning Comnliance and ValiditY, It is understood and agreed that the current zoning
classification is R-4 multifamily residential district. The project as proposed is a permitted
use and no map or text amendments are necessary for zoning compliance.
5. Auproval of Plans. It is understood and agreed that the Owner has not yet submitted a
preliminary plan for review and approval by the City. All buildings and site plans or any
new development of the property is subject to the requirements of this Agreement and
applicable City ordinances, including but not limited to the zoning ordinance and the
building codes.
6. Con~liance with Applicable Ordinances. The Owner agrees to comply with all ordinances
of the City of Canton as amended from time to time in the use and development, provided
that all new ordinances, amendments, rules and regulations relating to zoning, building and
subdivision of land adopted after the date of this Agreement shall not arbitrarily or
discriminatorily apply to the property that shall be equaliy applicable #o all properties
similarly zoned and situated to the extent possible. Owner, in development of the property,
shall comply with the standards set forth in the City of Canton's building codes, as adopted
in Chapter 1(Building Codes} of Title 4(Building Regulations} of the Canton Municipal
Code. '
~ 7. Building Permit Fees. The building permit fees may be increased from time to time so long
as said permit fees are applied consistently to all other developments in the City to the
extent possible. In the event a conflict arises between the Owner and the City on any
engineering and technical matters subject to this Agreennent, the City reserves the right to
pass along any and ali additional expenses incurred by the use of consultants or engineers in
the review and development from time to #ime. Owner shall pay any non-discriminatory
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new or additional fees hereinafter charged by the City to Owners and developers of .
properties within the City. The Cities building permit fee schedule is codified at 4-1-1{d) of ~
the Canton Municipal Code.
8. Water Provision. The Owner agrees to provide a utility easement, as determined by the
City Engineer for the purpose of water and sanitary sewer connection. The Owner shall
connect the property to the City water system at points recommended by the City Engineer
pursuant to a City approved engineering plan. Said connection shall be completed no later
than three (3) years from the date of this Agreement.
a. The Owner shall be responsible for the cost of the vvater connection from the City
Main to the residences herein contemplated.
b. The Owner agrees to accept any increase in water rates and tap on fees provided
such rates and fees apply consistently to all other similar users in the City to the
extent possible. Following such tap on, the City agrees to provide to the best of its
ability and in a non-discriminatory manner water service to the proposed residential
use on the property. The cost to extend the Cities water main to the Property is
anticipated to be Forty Thousand Dallars ($40,000.00). Each of the twelve (12)
units wi41 be charged a connection fee of Three Thousand Three Hundred Thirty-
three Dollars and thirty-three cents ($3,333.33), in addition to the normal and
customary new service fees.
c. The Corporate Authorities agree to cooperate with the Owner and to use their best
efforts to aid the Owner in obtaining permits from governmental agencies having
restrictions, including the Illinois Environmental Protection Agency as may be
necessary to authorize the connection to the City water system. The Owner shall be
responsible for permit fees dues to the Illinois Environmental Protection Agency
(IEPA) and/or Illinais Department of Transportation (TD~T).
d. If construction of all six (6) units or twelve {12} residences is not constructed within .
three (3) years from the date of this Agreement, the City shall notify the Owner that
proportional reimbursement of $3,333.33 for each residence ($6,666.66 per duplex)
that failed to be constructed shall be made to the City within thirty (30) days after
said notice.
9. Sanitary Sewer Conditions. The Owner shall connect the Property to the City sanitary
sewer system at points recommended by the City Engineer pursuant to a City approved
engineering plan. Said connection shall be completed no later than three (3) years from the
date of this Agreement. The Owner shali be responsible for the costs of the sewer
connection from the Cities main to the residences contemplated.
The Owner agrees to accept any increase in sewer rates and tap an fees, provided that such
fees and rates aze applied consistently to all similar users in the City to the extent possible.
10. Pavment of Connection Fees. Any amount o~ connection fees required to be paid by this
Property shall be due and payable to the City prior to or simultaneous with the issuance of
a
building permits. The amount of connection fees for the water connection will be Three ~
Thousand Three Hundred Thirty-three Dollars and Thirty-three Cents ($3,333.33) due and
payable upon the construction of each of the individual twelve (12) units.
11. Exhibits. The following EXHIBITS are hereby incorporated by reference herein, and a part
hereof and designated as shown below:
EXHIBIT A Legal Description
EXHIBIT B Map of proposed development
12. Facilitation of Development. Time is of the essence of this Agreement, and a11 parties will
make every reasonable effort to expedite the subject matters hereof. It is further understood
and agreed that the successful consummation of this Agreement is in the best interests of all
the parties and requires their continued cooperation. The Owner does hereby evidence his
intention to fully comply with all City requirements, their willingness to discuss any matters
of mutual interest that may arise, and their willingness to assist the City to the fullest extent
possible. The City does hereby evidence its intent to cooperate in the resolution of mutual
pxoblems and its willingness to facilitate the development of the Property, as contemplated
by the provisions of this Agreement. ~
13. Enforceabilitv of the A~reement. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties or by an appropriate action at law or in equity
to secure the perfarmance of the covenants herein described. If any provision of this
agreement is held invalid, such provision sha11 be deemed to be excised herefrom and the
invalidity hereof shall not affect any of the other provisions contained herein.
14. Term of A~reement. This Agreement is binding on all parties and the Propexty for a term
of ten (10) years from the date of this Agreement. This Agreement sha11 not be assigned
without prior written consent of the City, which consent will not be unreasonable withheld.
15. Binding Effect of Agreement. This Agreement is binding upon the Property, the parties
hereto and their respective grantees, successors and assigns.
16. Notices. Any notice required pursuant to the provisions of this Agreernent shall be in
writing and be sent by certified mail to the following addresses until notice of change of
address is given and shall be deemed received on the fifth business day following deposit in
the U.S. Mail.
If to Owner: Mr. Craig Holthaus
~ 25221 N. Rawalt Rd.
Canton, IL 61520
If to City: City Clerk
City of Canton
2 North Main Street
Canton, IL b 1520
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Copy to: City Attorney
City of Canton
2 North Main Street
Canton, II, 61520
17. Default. In the event Owner defaults in performance of his obligations set forth in this
Agreement, then the City may, upon notice to Owner, allow Owner sixty (60) days to cure
default or provide evidence satisfactory to the City that such default will be cured in a
timely manner if it cannot be cured during said period. If Owner fails to cure such default,
then, with notzce to Owner, the City may exercise, in its sole discretion, terminate water and
sanitary sewer service to the Property.
18. Liti ation. The Owner, at his cost, sha11 be responsible for any litigation that rnay arise
relating to the zoning and redevelopment of the Property. Owner sha11 cooperate with the
City in said litigation but Cities counsel will have principal responsibility for such
litigation. The Owner shall reimburse the City for reasonable attorney's fees, expenses and
costs incurred by the City resulting from litigation relating to the annexation, zoning and
development of the Properly or in the enforcement of any the terms of this Agreement upon
a default by the Owner. Owner hereby indemnifies and holds the City harmless from any
actions or causes of action that may arise as a result of development activities for which the
Owner is responsible. .
19. Assi~nment. The benefits to the ~~vner as provided for in this Agreement sha11 not be
assigned, in whole or in part, to any third party beneficiary or any future owner or lessee
unless approved in writing by the City.
20. Special Conditions:
A. Roadway: Owner intends to construct a private drive, but will construct in accordance
with the 2003 International Fire Code to accommodate the emergency veYucles. As this
is a private drive and not a public right-of-way, the City has no responsibility for curb
side garbage and/or recycling services or snow removal. Due to this road being a
private drive, the Canton Police Department may have lirr~ited enforcement ability for
traffic ordinances.
S. Garbage and/or Recycling: Owner will contract with a private company to pravide
ctzrbside garbage removal for residents. The City will not provide garbage xemoval for
this subdivision as the roadway is a private drive (See Section 21 (A), above). No
communal dumpsters will be allowed. Residents have the option to participate in the ~
curbside recycling program, currently offered by Eagle Enterprises and which may later
be offered by other providers the City contracts with, Inc., if they so choose.
C. Use of the Property: The proposed construction af six (6) duplexes, resulting in
iwelve (12} additional residences, is the only use anticipated by this Agreement.
D. Building Addresses: It is understood and agreed that the City will issue a new street
address for the proposed project to ensure proper identification for the provision of
services, and Owner shall use the City address for ail the residences. Owner will also
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be responsible to contact the Canton Post Office and submit new addresses as assigned
by the City. The address shall be posted on the buildings in compliance with the
International Fire Code.
E. Lien Holder: Owner represents and warrants that the only mortgagee, lien holder or
holder of any security-interest affecting title to the Property or part thereof is Bank of ,
Farmington. Bank of Farmington by its written approval of this Agreement
acla~owledges this Agreement.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this
instrument to be executed by their respective proper offcials duly authorized to execute the same on
the day and year first above written.
CITY OF C.ANTON, ILLINOIS, an Illinois
Municipal Corporatipn,
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B~:
~evin R. Meade, ayor
Attest:
iana Pavley, C' Clerk
STATE OF ILLINOIS, }
) SS.
COUNTY OF FULTON )
BEFORE me this day, a Notary Public, in and for the Caunty in the State aforesaid, personally
appeared Kevin R. Meade, personally known to me to be the Mayor of the City of Canton, Illinois
and Diana Pavley, 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 voluntazy act for
the uses and purposes therain set forth.
GIVEN under my hand and Notarial Sea1 this 0~~ day of T, 2012.
E)FFICIAL~'SEAL
CAR~L E KOMLER
N07ARY PUBIIC - STATE 0F I~LINOIS otary Public
MY COA~MISS?ON E~RES:10102/1t
-SIGNATURES CONTINUED ON NEXT PAGE-
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OWNER:
By:
raig olt us
Attest:
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 Craig Holthaus, 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 vvluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this ,3~?'' day of , 2012.
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OFFICIAL SEAL Notary Public
JOHN MCCARTHY
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:0512?./13
BANK OF FARMINGTON:
By:
Attest:
-END OF SIGNATURES-
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EXHIBIT A ~
Legal Description
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PRELIMINARY BOUNDARY DESCRIPTION
Part of the Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth Principal
Meridian, Fulton County, fllinois, more particularly described as foilows:
Commencing at an iron monument found at the southwest corner of said Southeast Quarter, thence North
89°-11'-40" East (bearings referenced to fhe illinois State Plane Caordinafe System, West Zane, NAD
1983) along the south line of said Southeast Quarter 129.69 feet; thence North 00°-48'-20" West 30.00
feet to the Point of Beginning of the Parcel to be described:
From the Point ~f Beginning, thence continuing North 00°~8'-20" West 121.98 #eet; thence North 89°-11'-
40" East 44.82 feet; thence North 58°-51'-13" East 18.41 feet; thence North 03°-29'-59" East 21.36 feet; -
thence North 02°-32'-33" West 45.66 feet; thence North 08°-35'-53" East 26.92 feet; thence North 39°-46'-
18" East 51.30 feet; thence North 54°-37'-26" East 81.96 feet; thence North 71 °-21'-24" East 16.01 feet;
thence South 88°-15'-09" East 29.80 feet; thence North 43°-27'-16" East 26.43 feet; thence North 04°-19'-
51" East 35.40 feet; thence North 36°-09'-29" East 140.26 feet; thence North 68°-04'-35" East 40.73 feet;
thence North 49°-56'-39" East 24.65 feet to fhe westerly right of way line of Illinois Route 78; thence
Sauth 03°-50'-57" East along said westerly right of way line 49.57 feet; thence South 14°-45'-91" East
continuing along said westerly right of way line 162.36 feet; thence continuing along said westerly right of
way line along a curve to the right an arc distance of 285.71 feet, said curve having a radius of 4602.77
feef and a chord bearing South 02°-04'-44" West 285.66 feet; thence South 77°-29'-27" West continuing
along said westerly right of way line $8.67 feet; thence South 89°-11'-40" West 314.79 feet to the Point of
Beginning.
Said Parcel contains 3.089 acres, more or less.
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EXHIBXT B
Map of Property _
~ ~ PREL111IiVARY PI.AT
" : ~ HOLTHAUS .SUBDIVISION
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.a+s~ ~ r ;,,j ' ~ A SUBDIVISION OF PART OF 't7iE SOUTHHAST QUAR7ER OF
+s~ SEC770N 15, 7'OlIN1SH~p 7 NORTH. RANGE 4 EASP OP TttE
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