HomeMy WebLinkAboutResolution #3502RESOLUTION NO. 3502
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF CANTON AND PETER M. FRANCISKOVICH AND
SALLIE A. FRANCISKOVICH
WHEREAS, Legal and Ordinance Committee 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 18th day of January, 2000, upon a roll call vote as follows:
AYES: Aldern~ may, Shores, Meade, Nidiffer, Phillips, Sarff,
Hartford, Molleck,
NAYS: None.
ABSENT: None
APPROVED: ~~
Donald E. Edwards, Mayor
Attest:
,`
Nancy White City Clerk.
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corporation, hereinafter referred to as "City" and PETER M.
FRANCISKOVICH and SALLIE A. FRANCISKOVICH, husband and wife, their heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred
to as "Landowners", collectively representing that he is all (100%) of the owners of the
following described real property,
WITNESSETH:
WHEREAS, Landowners are the owner of a certain residential lot located in
Canton, Fulton County, Illinois, said lot being more particularly described as follows:
(See Exhibit "A" hereto attached)
Common Address: 24587 E. Upper Lake Road, Canton, Illinois 61520
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 are 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;
NOW, THEREFORE, in consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out, the CITY and Landowners for themselves,
their heirs, administrators, executors, 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 fiirnish water to the real estate 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 of prevailing rate inside the City of Canton for water used and consumed by
Landowners, their heirs, successors, executors and assigns, said rate being computed 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: Landowners agree to pay any and all installation expense,
tap fees and attorneys fees to the City of Canton necessary to accomplish the extension
and furnishing of water as hereinabove set out. Landowners agree, at their sole expense,
to extend a standard one inch line from the point of tap with the CITY'S water main onto
the real estate 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 foregoing extension of
and fiunishings of water service to the lot owned by Landowners, Landowners hereby
covenant and agree for themselves, their heirs, successors, administrators, 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
pazcels hereinabove described and proceed through normal procedural channels to have
the above described real estate, annexed to the City of Canton, Illinois. The foregoing
covenants herein made by Landowners 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 pazagraph.
5. TERM: This agreement, and the covenant, contained in the foregoing
pazagraph, 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 Landowners,
or their successors in title who are in violation of this 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
"double" water rate, hereinabove provided, shall terminate in its 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 heirs,
successors, executors, strators, signs and successors in title of the parties hereto.
DATED: This ~~ day of , 2000.
~..
.~
eter M. Franciskovich, Landowner
Sallie A. Franciskovich, Landowner
CITY OF CANTON, ILLINOIS, an Illinois
municipal corporation,
By: o> :~
Donald E. Edwards, Mayor
Attest: ~~
Nancy Whit ,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, p
personally appeared Peter M. Franciskovich and Sallie A. Franciskovich, husband and
wife, personally known to me to be the same persons who executed the foregoing
agreement and 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 a~ day of ~~ , 2000.
Notary Public.
_ __ S,'"~~'i"~,, H~ _
STATE OF ILLINOIS, ) N07'ARYPUBLICSTATEOFR,I,AJOIS
) SS. MY 0~14II1,[ISSIOIV EXP. MAR 6
COUNTY OF FULTON. )
BEFORE me this day, a Notary Public, in and for the County in the State aforesaid, p
personally appeared Donald E. Edwards, personally known to me to be the Mayor of the
City of Canton, Illinois and Nancy Whites, 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 a~ day of 2000.
Public.
t'~~~~C~ '~, SEAL
`'~je ' >I F :1EIVSELER
NO'S ....
14I"~ ~ ~ ,. " >~ATEOFII,LiH~
-~~~zv~(P.MAR
12/15/99 WED 08:53 FA% 309 633 3955 CEFCU 1ST bITG (~J003
LEGAL AESCRIPTION
Tract I: All that part of the Northeast quarter of Section 19,
Tovrtship 7 North, Range 5 East of the Fourth Principal
Meridian, Fulton county, Illinois, being further described as
follows:
9eginning at. the Southwest corner of said Northeast Quarter
marked by an existing'conczete marker; thence East 79.0o feet
along the South line of-said Northeast Quarter to an izon pin;
thence North 1 degree 38 minutes East, 15.65 feet to an iron
pia on the South line of a public township roadway; thence
North a5 degrees 09 minutes West, 80.00 feet to an izon pin on
the West line of said Northeast Quarter; thence South 1 degree
17 minutes west,l59.48 feet to the Point of Beginning;
WHICri FALLS WITHIN T.~ FOLLOWING DESCRTB$D TRACT OF LA~'7:
A strip of land in the Southwest corner of the Southwest
Quarter of the Northeast Quarter of Section z9, Township 9
North, Range 5 East of the Fourth Principal Meridian, more
particularly described sa follows, to-~-it: ~Commencir_g at a
stone set net the Southwest corner of the Northeast Quarter of
said Section 19, thence East along the Quarter Section line 160
feet, thence North to the South line of the public highway,
thence Westerly along the South line of said public highway to
the West line of said Quarter Section, thence South on the
Quarter Section Tine to the place of beginni:~g, situated in the
^ownship of oricn, Fulton County, Illinois.
Subject to all covenants, conditiorss, easements and
restrictions of record and those agreements and reservations
contained is a certain Warranty Desd dated September 10, 197~i,
and recorded in volume alo, Page 711 of the Land Records of
Fultan County, Illinois.
Tract II: All that part of the Northeast Quarter of Section
19, Township 7 North, Range 5 Eaat of the Fourth Principal
Meridian, Fulton County, Illinois, being further described as
follows:
Commencing at the Southwest Come= of said Northeast Quarter
marked by an ex~.sting concrete marker; thence East 79.0o feet
along the South line of said Northeast Quarter to an iron pin
being the AC7'L7AL POINT OF BEGINNING; thence coritiriui.zig East
81.00 feet to an iron pin; thence North I degree i7 minutes
vast, 145.8 feet to an iror. pia on the South lirie of a public
township roadway; thence North 85 degrees 09 minutes West,
80.18 feet to arz iron .pin; thence South 1 degree 38 minutes
~~~
12/15/99 WED 08:53 FA% 309 833 3955 CEFCU 1ST MTG f~jOOd
600K I ~~ ~FNGE I ~ 4
Legal Description (con't):
West, I5Z,65 feet to the Point of 8eginniAg;
which falls within the following described tract of land:
A strip of land in the Southwest corner of the Southwest
Quarter of the Northeast Quarter of Section 19, Township 7
North, Range 5 East of the Fourth Principal Meridian, more
particularly described as follows, to-wit: Commencing at a
scone set at the Southwest corner of the Northeast Quarter of
said Section 19, thence East along the Quarter Section line 160
feet, thence North to the South line of a public highway,
thence Westerly along the South line of said public highway to
tre West Iine'of said Quarter Section,'thence South on the
Quarter Section line to the place of beginning, situated in the
Township of Orion, Fulton County, Illinois.
Tract III: A strip of land in the Southwest corner of tre
Southwest Quarter of the Northeast Quarter of Section 19,
Township 7 North, Range 5 East of the Fourth Principal
Meridian, Wore particularly described as follows: commencing
at a stone set at the Southwest corner of the Northeast Quarter
of said Section 19, thence East along the Quarter section lire
160 feet, same beir_g the place of beginning of tract to be
conveyed, thence East along said Quarter Section line SZ feet,
thence North to the South line of a public highway, thence in a
Westerly direction on the South line of the highway to a point
directly North of the place of beginning, thence South to the
place of beginnirg, in Fulton County, Illinois.
?ERMANEN? Zh7iEX NUMBER: 10-09-19.200-002
PERMANENT SNDEX NUMBER: Ia-o9-19-200-003
DEZMANENT INDEX NCTMSER: IO-09-19-200-004
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