HomeMy WebLinkAboutOrdinance #2066
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JA~ES I. NELSUH
COUHTY CLERx b REGORDER
FULTQN CGUIITY. IL
RECORUED aM
08/22/2012 01:97:50PM
REG FEE: 60.00
PAGES: 18
ORDINANCE NO.
CITY OF CANTON,
COUNTY OF FULTON,
STATE OF ILLINOIS
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT WITH
WILLIAM L. ESTES AND CHESTER L. ESTTS
Date Passed: February 6, 2012
Date Posted: February 6, 2012
DO NOT REMOVE FOR 10 DAYS
FROM DATE OF POSTING
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Page 1- Estes Annexation Agreement
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ORDINANCE NO. o7U ~
CITY OF CANTON
FULTON COUNTY, ILLINOIS
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT WITH
WILLIAM L. ESTES AND CHESTER L. ESTES
WHEREAS, the Corporate Authorities of the City of Canton, Fulton County,
Illinois, an Illinois Municipality, did, on the 6~" day of February, 2012, hold a Public
Hearing to consider an Annexation Agreement for the annexation of certain property not
presently within the corporate limits of any municipality but contiguous to the City of
Canton, said Agreement is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the aforesaid Public Hearing was held pursuant to legal notice as
required by law, and all persons desiring an opportunity to be heard were given such
opportunity at said Public Hearing; and
WHEREAS, William L. Estes and Chester L. Estes (collectively the "owner"), is
the legal owner of record of the territory that is the subject of the Annexation Agreement
and the owner is ready, willing, and able to enter into that Agreement and to perform the
obligations as required thereunder; and
WHEREAS, the statutory procedures provided in Division 15.1 of Article 11 of
the Illinois Municipal Code, as amended, 65 ILCS 5/11-15.1-1, for the execution of the
Annexation Agreement have been fully complied with; and
WHEREAS, the Corporate Authorities of the City of Canton, Fulton CounTy,
Illinois have determined that it is in the best interests of the City of Canton that the
subject Annexation Agreement be entered into by the City of Canton.
Page 2- Estes Annexation Agreement
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS
FOLLOWS:
Section 1: That the Mayor be, and he is hereby authorized and directed to execute for
and on behalf of the City of Canton, and the City Clerk is directed to attest, a document
known as "Annexation Agreement" (a copy of which is attached hereto and made a part
hereof.)
Section 2: That the City Clerk is hereby directed and ordered to publish this
Ordinance in pamphlet form and to record a memorandum of the Annexation Agreement
with the Recorder of Deeds of Fulton County, Illinois.
Section 3: That this Ordinance is adopted pursuant to the statutory authority of the
City.
Section 4: That this Ordinance shall be in full force and effect from and after its
passage, approval, and publication provided by law.
UPON MOTION by Alderman ~ hP n~ ~ , seconded by Alderman
~-r , adopted at a special meeting of the City Council of the City of
Canton, Illinois on the 6t" day of February, 2012, by roll call vote as follows:
ROLL CALL VOTE:
MAYOR AND ALDERMEN AYE NAY ABSENT ABSTA[N
Ald. David Pickel
Ald. James Hartford `k`
Ald. Jeffrey Fritz
Ald. Craig West ~X'
Ald. Gerald Ellis X'
Ald. Justin Nelson
Ald. Eric Schenck
Ald. Jeremy Pasley x
Hon. Kevin Meade, Mayor
Page 3- Estes Annexation Agreement
APPROVED this 22"d day of August, 2011.
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Ho . Kevin eade, Mayor
' EST:
Dia uc er, City Clerk
PUBLISHED in Pamphlet form this 6t" day o bruary, 2012.
Diana Tuc er, City Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF FULTON )
I, Diana Tucker, do hereby certify that 1 am the duly elected, qualified and acting Clerk
of the City of Canton, the County and State aforesaid, and, as such Clerk, I am the keeper of the
records and files of the Mayar and City Council of the City.
I do further certify that the attached and foregoing is a true and current copy of:
AN ORDINANCE AUTHOR[Z[NG THE EXECUTION
OF AN ANNEXATION AGREEMENT WITH
WILLIAM L. ESTES AND CHESTER L. ESTES
as passed by the City Council of the said City of Canton, Illinois, at a special meeting held on
February 6, 2012, and as approved by the Mayor of said City on February 6, 2012.
IN WITNESS WHEREOF, I have hereto affixed ial signature and the corporate
seal of said City of Canton, Illinois.
(SEAL)
~ ~ ~ City C er
Page 4- Estes Annexation Agreement
STATE OF ILLINOIS )
) SS Certificate of Pamphlet Publication
COUNTY OF FULTON )
I, Diana Tucker, certify that I am the duly elected and acting municipal clerk of the City
of Canton, Fulton County, Illinois. I further certify that on February 6, 2012, the Corporate
Authorities of the above municipality passed and approved Ordinance No. lc~ ~_Q entitled:
AN ORD[NANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT WITH
W(LLIAM L. ESTES AND CHESTER L. ESTES
which provided by its tern~s that it should be published as required by law. The Pamphlet Form
of Ordinance No. 2~1.Q~0 and a cover sheet thereof was prepared, and a copy of the
Ordinance was posted in the City Hall, commencing on February 6, 2012 and continuing for at
least ten days thereafter. Copies of the Ordinance were also available for public inspection upon
request in the office of the municipal clerk.
Dated this 6`" day of February, 2012.
C ity
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Page 5- Estes Annexation Agreement
EXHIBIT A
WILLIAM L. ESTES AND CHESTER L. ESTES
ANNEXATION AGREEMENT
Page 6- Estes Annexation Agreement
(BACK OF PAMPHLET)
Page 7- Estes Annexation Agreement
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ANNEXATION AGREEMENT
This Agreement is entered into by and between the City of Canton, Fulton County,
Illinois, (hereinafter referred to as "City") and William L. Estes and Chester L. Estes (jointly
hereinafter referred to as "Owner"), collectively the "Parties".
RECITALS
1. The Owner is the owner of record of the premises hereinafter described in Exhibit A,
which is attached hereto and by reference made a part hereof, and are referred to herein as the
"Premises".
2. The Owner is desirous of having the Premises annexed to the City and the City is
desirous of annexing the Premises upon the approval of this Agreement by the City.
3. The Premises are not within the corporate limits of any municipality, but are
contiguous to the City.
4. The Owner may desire to connect to City water and sanitary sewer when and if
extended, and owner shall have the rights provided herein concerning connection with the water
and sanitary sewer.
5. The City intends to create a Tax Increment Financing (TIF) District to include all of
the Premises.
6. The Owner is desirous of having the Premises included in the proposed TIF District.
7. The City will undertake to provide all filings and notices required to be given under
Section 7-1-1 et seq. of the Illinois Municipal Code (Illinois Compiled Statues, 65 ILCS 24.4-et.
seq.).
IT IS AGREED AS FOLLOWS:
1. The Owner agrees to petition the City for annexation of the Premises to the City.
The City agrees to annex the Premises. Upon such annexation, the City and Owner agee to the
following:
A. The City agrees that it will not charge Owner any greater fees for the use of
City water and sewer than it charges any other similar business or industry.
B. The City shall permit the Owner to connect to the City's water and sanitary
sewer system, but shall not require such connection for any undeveloped
portion of the Premises. In the event all or a portion of the Premises requires
potable water and/or septic services, the Owner shall be required to connect to
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the City's water system pursuant to City Ordinance 1794 and Section 8-19-4
of the Municipal Code for that portion of the Premises.
C. The City agrees to attempt to create a Tax Increment Financing
Redevelopment Area (TIF District) and adopt a Tax Increment
Redevelopment Plan and Projects pursuant to the Illinois "Tax Increment
Allocation Redevelopment Act" (65 ILCS 5/11-74.4 et. seq., the "Act"), that
shall include the Premises.
i. For the life of the Annexation Agreement, the City agrees it
shall not exclude any portion of the Premises from the
redevelopment project area without the Owner's prior consent.
ii. As documented by the Illinois Geological Survey, the Premises
is characterized by unused and abandoned underground coal
mine shafts, thereby qualifying the premises as a"blighted
area" pursuant to Section 5/11-74.4-3(a)(3)(a). Pursuant to
Section 5/11-74.4-3(~ of the Act, costs relating to the
remediation of said blighting conditions are regarded as TIF
eligible project costs.
D. The City agrees that in the event the TIF District is not established or does not
include all of the Premises described in Exhibit A, the Premises shall be
disconnected from the City at no cost to the Owner.
E. The City agrees to rebate to the Owner one hundred percent (100%) of the
increased real estate taxes generated by the City's levy for a period of twenty
(20) years from the effective date of the annexation of the Owner's premises,
through tax year 2031 payable 2032 or the end of the TIF District, whichever
occurs first. This rebate shall be calculated annually by multiplying the
equalized assessed value of the undeveloped Premises by the City's levy for
annual tax year in which the rebate is being calculated. In the event the
Owner accepts TIF benefits for eligible project costs generated from any of its
property, connects with City water or sanitary sewer services for any purpose,
or sells or transfers title of the Premises for any purpose other than
agricultural use, then this rebate shall cease for that portion of the Premises.
i. The City shall pay annual real estate tax rebates referenced
above to the Owner within 30 days of receiving from the
Owner a written request accompanied by photocopies of the
paid ~ real estate tax bill(s) for the applicable portion(s) of the
Premises.
F. The Owner is the sole landowner of property adjacent to the Preinises
(currently parcel identification numbers: 09-08-33-100-003 and 09-08-28-
300-013) that is not included in the proposed TIF District and is not annexed
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to the City. Upon approval of a TIF Pre-Development Agreement, the City
shall at the request of the Owner, agree to annex said property and shall make
a good faith effort to amend the TIF District at no cost to the owner to include
said unannexed property, if permitted by the TIF Act, the Municipal Code and
any other applicable statutes.
G. The City agrees to allow the Owner to continue to use the Premises for
agricultural purposes and agrees that any zoning changes shall apply only to a
developed portion of the Premises and shall not prohibit the remaining
undeveloped portions from being used for agriculture purposes.
H. If any portion of the Premises is not developed by the Owner within the time
period of this Annexation Agreement (20-years from the effective date of the
annexation of the Owner's premises, through tax year 2031 payable 2032 or
the end of the TIF District, whichever occurs first), then the City agrees that
the Owner may disconnect the undeveloped portion of the Premises from the
City at no expense to the Owner.
L All notices, demands, requests, consents, approvals or other instruments
required or permitted by this Agreement shall be in writing and shall be
executed by the Party or an officer, agent or attorney of the Party, and shall be
deeined to have been effective as of the date of actual delivery, if delivered
personally, or as of the third (3rd) day from and including the date of posting,
if mailed by registered or certified mail, return receipt requested, with postage
prepaid addressed as follows:
To City:
Canton City Clerk with copy to: Jacob & Klein, Ltd
2N. Main Street 1701 Clearwater Ave.
Canton, Illinois 61520 Bloomington, Illinois 61704
To Owner:
William L. Estes and Chester L. Estes
13 Waterfall Drive Box 276-202
Austin, Texas 78738 E. Hubert St.
Ashkum, Illinois 60911
This Agreement is declared to be enforceable by the parties for a period of twenty (20)
years from the date of the passage of the annexation ordinance contemplated by this Agreement.
This Agreement is further binding upon the present Owner, its heirs, successors or
assigns and upon the City and its designated corporate authorities and its successors in office.
The rights and obligations of the Owner under this Agreement shall be fully assignable by means
of written notice to the City. The City shall not unreasonably withhold its consent provided that
the assignment relates only to any portion of the Premises sold or transferred and zoned for
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agricultural use. No such assignment shall be deemed to release the Owner or assignee of its
obligations to the City under this Agreement unless the specific consent of the City to release the
Owner's obligations is first obtained in writing.
Upon expiration of the term of this Ageement, this Agreement may be amended to
extend the term of this Agreement, but only by mutual consent of the Parties.
[The balance of this page is intentionally blank.J
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CITY OF C , LLINOIS OWNE . .
By. /
Mayor Willi . stes
Dated: ~ /2 Dated: ~ ~
ATT
By:
City erk Chester L. Estes
Dated: Dated:
H:ACANTON\CANTON 2 RT9-Chest~mt St\Annecations\Anneaation Aereement Estes Final Clean Draft 013012.docx
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CITY OF CANTON INOIS OWNER:
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By:
Ma or William L. Estes
Dated: / Dated:
ATTES •
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By: C~. ~l~~R~, -
erk Chester L. Estes
Dated: Dated: ~~~r- ~ l
H:\CANTON\CANTON 2 RT9-Chestnut SNAnne~ations\Annexatiou A¢rce~ucnt Estes Final Clean Draft 013012.docx
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EXHIBIT A
WILLIAM L. ESTES AND CHESTER L. PREMISES
LEGAL DESCRIPTION:
09-08-28-300-025:
A part of the Southwest Quarter of Section 28, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, further described as follows:
Commencing at the southeast corner of the Southwest Quarter of said Section 28;
thence in a westerly direction, along the south line of said Southwest Quarter, 330 feet to
the southwest corner of a 1 acre parcel described in Warranty Deed recorded as document
#03-30578 in the Fulton County Recorders Office, and being the Point of Beginning of
the area to be annexed.
From the point of beginning thence northerly, parallel to the east line of said Southwest
Quarter 496 feet to a point in the south line of a parcel described in Warranty Deed
recorded in book 1365 page 199-200 (Doc. #95-70930) Fulton County Recorders Office;
thence westerly along the south line of said parcel to the southwest corner of said parcel;
thence northerly, parallel to the east line of said Southwest Quarter, 1222.73 feet; thence
northwesterly to a point in the south line of Parcel 1 as described in Warranty Deed
recorded as document #02-18045 Fulton County Recorders Office said point being 42.42
feet westerly of the southwest corner of the Canton Moose Lodge property; thence
westerly along the south line of Parcel 1 to the southwest corner of said Parcel 1; thence
northerly along the west line of said Parcel 1 to the southeast corner of a parcel described
in Warranty Deed recorded as document #03-28166 Fulton County Recorders Office;
thence westerly along the south line of said parcel to the southwest corner of said parcel;
thence northerly along the west line of said parcel to a point in the south Right-of-Way
line of Illinois State Route 9; thence westerly along the south ROW line of said Route 9
to the northeast corner of a parcel designated as Tract 3 as described in Warranty Deed
recorded as document #OS-47472 Fulton County Recorders Office; thence southerly
along the east line of said Tract 3 and the east line of a parcel described in Warranty Deed
recorded in book 1394 pages 204-206 (Doc. #96-74151) Fulton County Recorders Office
to the southeast corner of said parcel, said point being in the south line of said Southwest
Quarter; thence easterly along the south line of said Southwest Quarter to the Point of
Beginning
09-08-28-300-027:
SECT: 28, TWP: 07, REINGE: 04 PT NE SW
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PETITION FOR ANNEXATION
TO: Planning & Zoning Commission,
Mayor and City Council of the
City of Canton, Fulton County, Illinois
The Petitioners, William L. Estes and Chester L. Estes, respectfully states under oath:
l. Petitioners are the sole owner of record of the following legally described land (Tract),
PIN Nos. 09-08-28-300-025 and 09-08-28-300-027, bounded by Illinois Route 9 on the North:
09-08-28-300-025:
A part of the Southwest Quarter of Section 28, Township 7 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, illinois, further described as follows:
Commencing at the southeast corner of the Southwest Quarter of said Section 28;
thence in a westerly direction, along the south line of said Southwest Quarter, 330 feet to
the southwest corner of a 1 acre parcel described in Warranty Deed recorded as document
#03-30578 in the Fulton County Recorders Office, and being the Point of Beginning of
the area to be annexed.
From the point of beginning thence northerly, parallel to the east line of said Southwest
Quarter 496 feet to a point in the south line of a parcei described in Warranty Deed
recorded in book 1365 page 199-200 (Doc. #95-70930) Fulton County Recorders Office;
thence westerly along the south line of said parcel to the southwest corner of said parcel;
thence northerly, parallel to the east line of said Southwest Quarter, 1222.73 feet; thence
northwesterly to a point in the south line of Parcel 1 as described in Warranty Deed
recorded as document #02-18045 Fulton County Recorders Office said point being 42.42
feet westerly of the southwest corner of the Canton Moose Lodge property; thence
westerly along the south line of Parcel 1 to the southwest corner of said Parcel 1; thence
northerly along the west line of said Parcel 1 to the southeast corner of a parcel described
in Warranty Deed recorded as document #03-28166 Fulton County Recorders Office;
thence westerly along the south line of said parcel to the southwest corner of said parcel;
thence northerly along the west line of said parcel to a point in the south Right-of-Way
line of Illinois State Route 9; thence westerly along the south ROW line of said Route 9
to the northeast corner of a parcel designated as Tract 3 as described in Warranty Deed
recarded as document #OS-47472 Fulton County Recorders Office; thence southerly
along the east line of said Tract 3 and the east line of a parcel described in Warranty Deed
recorded in book 1394 pages 204-206 (Doc. #96-74151) Fulton County Recorders Office
to the southeast corner of said parcel, said point being in the south line of said Southwest
Quarter; thence easterly along the south line of said Southwest Quarter to the Point of
Beginning.
09-08-28-300-027:
SECT: 28, TWP: 07, RANGE: 04 PT NE SW
2. The Tract is not situated within the limits of any municipality but is contiguous to the
City of Canton.
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3. There are no electors residing in the Tract.
4. The foregoing statements of fact are true to the best of Petitioners' knowledge and
information.
Petitioners respectfully request:
A. That the above-described Tract be annexed to the City of Canton by ordinance of the
Mayor and City Council of the City of Canton, pursuant to Section 7-1-8 of the Illinois
Municipal Code, as amended.
B. That the above-described Tract be zoned AG-1, Agriculture.
C. That such other action be taken as set forth in the Annexation Agreement.
[The balance of this page is intentionally left blank.J
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Fe.brue..r
Dated this day of3~y, 12.
Owner:
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By
William L. es
ATTEST:
I o-f-a-?' i~ u,b I~~C
Title
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SU RIBED l~I~D SWORN T(,~~Y~ LIS/? MARIE SPENCER
ef r'me this day 2 2. MY Comml~bn Expina
Mwch 14, Z012
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a-1c (.n- ~1C~
Notary Public
By
Chester. L. Estes
ATTEST:
Title
SUBSCRIBED AND SWORN TO
before me this day of January, 2012.
Notary Public
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Dated this day of January, 2012.
Owner:
By
William L. Estes
ATTEST:
Title
SUBSCRIBED AND SWORN TO
before me this day of January, 2012.
Notary Public
By ~.~~1.~-L-~,e~,,~ ~ , .
Chester. L. Estes
ATTEST:
` L~c~^~ ~Cc S~~
Tltle ~ ' ~~Ci~ aS~.
SUBSCRIBED AND SWORN TO
before me this da of Janua 2012. NOTARY PUBIJC, STATE OF IWNOIS
y n'~ MY COMMISSION IXPIRES 7/03/2014
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Notary ublic
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