HomeMy WebLinkAboutResolution #3531
RESOLUTION NO. 3531
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT
BETWEEN THE CITY OF CANTON AND DAVID L. GILLAM AND
KIMBERLY M. GILLAM
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:
I. 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 aze 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 ~~ day of August, 2000, upon a roll call vote as follows:
AYES• ~-~ Mays Shores, Nidiffer, Phillips, Sarff, Hartford,
• Molleck.
NAYS: None •
ABSENT: ~~ Meade
APPROVED• ~~~
Donald E. Edwards, Mayor
Attest:
1 ~ '
Y ALL _
ancy White City Jerk.
THIS AGREEMENT, made by and between the CITY OF CANTON,
ILLINOIS, a municipal corporation, hereinafter referred to as "City" and DAVID L.
GILLAM and KIMBERLYT M. GILLAM, husband and wife, 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 more particularly described as follows:
(See Exhibit A hereto attached)
Common Address:
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 furnish 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 furnishings 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
parcels 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 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 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, administrators, assigns and successors in title of the parties hereto.
DATED: This ~ day of
CITY OF CANTON, ILLINOIS, an Illinois
municipal corporation,
By:
Donald E. Edwards, Mayor
Attest: ''
N cy 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,
personally appeared David L. Gillam and Kimberly M. Gillam, 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 ~ day of .c , 2000.
otary Public.
STATE OF ILLINOIS, )
SS.
OF'F'ICIAL SEAL
SL~SAI~I B HENSELER
NOTARY PUBLIC STATE OF ILtdIVO$
MY aDIbIIbIISSION EXP. MAR
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~~Poses t ein set fo h.
GIVEN under my hand and Notarial Seal this ~""~ day of , 2000
Notary Public.
O1;FYC1pL SEAL
SUSigi~ B HENSELER
N07'ARY PUBLIC STATE OF
~`~MMISSION EXP. MAR~OLS
FUND OWNER FORM
Schedule A - Continued
Policy No.: 2324186
Legal Description (con't
thence 111.87 feet along an arc to the right whose radius is
70.49 feet and whose chord bears North 46 degrees 50 minutes 21
seconds West a distance of 100.50 feet to the West line of said
township road; thence along said West line bearing North 1
degree 22 minutes 33 seconds West a distance of 833.07 feet to
the South right-of-way line of County Highway 27; thence along
said South right-of-way line 567.13 feet along an arc to the
left whose radius is 1259.40 feet and whose chord bears North
60 degrees 51 minutes 43 seconds East a distance of 562.35
feet; thence bearing 87 degrees 19 minutes 05 seconds East a
distance of 794.00 feet to the point of beginning, containing
33.342 acres; INCLUDING
A tract of ground bounded as follows: Beginning at a point on
the line dividing the Southeast and the Southwest Quarters of
said Section 30, 10 chains and 6 links North of the Southeast
corner of the Southwest Quarter of Said Section 30; thence West
1 chain and 50 links; thence North 1 chain and 50 links; thence
East 1 chain and 50 links; thence South 1 chain and 50 links to
the place of beginning; said tract of ground being reserved, in
accordance with the last will and testament of Jonas Rawalt,
deceased, as a family burying ground,
together with all and singular the hereditaments and
appurtenances thereunto belonging or in any wise appertaining,
and all the estate, right, title, interest, claim and demand
whatsoever, at law or in equity, which the said deceased had at
the time of his death or which the said grantor now has in and
to the said premises, TO HAVE AND TO HOLD the same unto the
said grantees as fully and effectually, to all intents and
purposes in law, as said grantor might, could, or ought to sell
and convey the same by virtue of the said last will and
testament above referred to.
Excepting Lot One (1) in Strode Subdivision, described as
follows: A part of the Southeast Quarter of the Southwest
Quarter of Section 30 in Township Seven (7) North, Range Five
(5) East of the Fouth Principal Meridian, Fulton County,
Illinois, described as follows and bearings are for descriptive
purposes only: Commencing at the Center of said Section 30
marked by a Stone; thence bearing South 0 degrees 43 minutes 32
seconds East, a distance of 1322.80 feet to an existing Fence
Corner and the ACTUAL POINT OF BEGINNING; thence along said
existing fence bearing South 0 degrees 52 minutes 44 seconds
East, a distance of 136.04 feet; thence bearing South 51
degrees 27 minutes 58 seconds West, a distance of 592.16 feet;
thence bearing North 41 degrees 22 minutes 11 seconds West, a
~ r .
Member No. OMC
0060 1278913 SIGNATURE OF ATTORNEY
FUND OWNER FORM
Schedule A - Continued
Policy No.: 2324186
3. Legal Description:
A part of the Southwest Quarter of Section 30, Township 7
North, Range 5 East of the Fourth Principal Meridian, Fulton
County, Illinois, described as follows, and bearings are for
descriptive purposes only:
Commencing at the center of said Section 30, marked by a stone;
thence bearing South 0 degrees 43 minutes 32 seconds East a
distance of 1322.80 feet to an existing fence corner; thence
along said existing fence bearing South 0 degrees 52 minutes 44
seconds East a distance of 1298.24 feet to the North line of
the Atchison, Topeka and Santa Fe Railway Company property;
thence along said North line bearing South 86 degrees 12
minutes 34 seconds West a distance of 169.47 feet to the actual
point of beginning; thence continuing along said North line
bearing North 88 degrees 08 minutes 39 seconds West a distance
of 203.61 feet; thence bearing North 0 degrees 52 minutes 44
seconds West a distance of 273.90 feet to an iron pin; thence
bearing North 89 degrees 07 minutes 16 seconds East a distance
of 203.38 feet to an iron pin; thence bearing South 0 degrees
52 minutes 44 seconds East a distance of 283.62 feet to the
point of beginning, containing 1.302 acres, SUBJECT to the
rights, if any, of the public for roadway purposes along the
South side of the above-described tract; ALSO
Commencing at the center of said Section 30, marked by a stone;
thence bearing South 0 degrees 43 minutes 32 seconds East a
distance of 1322.80 feet to an existing fence corner and the
actual point of beginning; thence along said existing fence
bearing South 0 degrees 52 minutes 44 seconds East a distance
of 1298.24 feet to the North line of a Township road; thence
along said North line bearing South 86 degrees 12 minutes 34
seconds West a distance of 169.47 feet; thence bearing North 0
degrees 52 minutes 44 seconds West a distance of 283.62 feet to
an iron pin; thence bearing South 89 degrees 07 minutes 16
seconds West a distance of 203.38 feet to an iron pin; thence
bearing South 0 degrees 52 minutes 44 seconds East a distance
of 273.90 feet to said North line; thence along said North line
for the next six courses bearing South 89 degrees 26 minutes 34
seconds West a distance of 134.95 feet; thence 167.78 feet
along an arc to the right whose radius is 458.73 feet and whose
chord bears North 80 degrees 04 minutes 45 seconds West a
distance of 166.84 feet; thence bearing North 69 degrees 36
minutes 05 seconds West a distance of 132.11 feet; thence
170.59 feet along an arc to the left whose radius is 430.54
feet and whose chord bears North 80 degrees 57 minutes 10
seconds West a distance of 169.48 feet; thence bearing South 87
degrees 41 minutes 45 seconds West a distance of 248.03 feet;
A
Member No. OMC
0060 1278913 SIGNATURE OF ATTORNEY
FUND OWNER FORM
Schedule A - Continued
Policy No.: 2324186
Legal Description (con't
distance of 571.20 feet to the Southeasterly Right-of-Way line
of Fulton County Highway 27; thence along said Southeasterly
Right-of-Way line 60.01 feet along a curve to the Left whose
Radius is 1259.40-feet and whose chord bears North 49 degrees
19 minutes 34 seconds East, a distance of 60.00 feet; thence
bearing North 87 degrees 19 minutes 05 seconds East, a distance
of 794.00 feet to the Point of Beginning; containing 5.525
acres.
Also excepting 0.80 acres, more or less, described as follows:
a part of the Southeast Quarter of the Southwest Quarter of
Section 30, Township 7 North, Range 5 East of the Fourth
Principal Meridian, more particularly described as follows:
From a stone at the center of Section 30, Township and Range
aforesaid, running thence South 582.0 feet, thence South 48
degrees 32 minutes West 1147.9 feet, thence West 68.0 feet to
the point of beginning. From the point of beginning, running
thence Southwestwardly on a curve to the right having a radius
of 1179.40 feet for a distance of 403.50 feet, thence North 0
degrees 28 minutes West 169.6 feet, thence East 360.0 feet to
the point of beginning.
Member No. OMC
0060 1278913 SIGNATURE OF TTORNEY