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HomeMy WebLinkAboutResolution #3457RESOLUTION NO. 3457 A RESOLUTION APPROVING APRE-ANNEXATION AGREEMENT RFTWFFN ~ .iTY Qti_C'ANTElN Awn Rii.i.Y ('n[1K ANi) RARRAI~ COOK 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 Canton1 and, WHEREAS, the Canton City Council has made a similar determination. NOW} THEREFOREYBE IT RESOLVED HY THE CITY CL2iIlYCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby ftndsth~ 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_MayQr and City Clerk are hereby directed to execute and deliver the same on behalf of the City of Canton. 3. That this_Iiesolution_shall be in_fulLforce_and effectimmediat~ly 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 eauncil o£the City of Canton,_Fulton_Caunt-y,Illinois at a regular meeting this 6th day of April , 19 99 upon a roll call vote as follows: AYES: Aldermen Molleck, Phillips, Sarff, Meade, Nidiffer, May. NAYS: None. ABSENT: Aldermen. Hartford, May. APPRQ~VED: Bald-E. Edv~ards; l~~ye~ Attest: .~ ~ a~ Cif EI~I~- THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a municipal corporation,_ hereinafter referred to as "City" and BILLY COOK and BARBARA COOK, husband and wife, their heirs, administrators, executors, assigns and successors in title, hereina$er collectively- referred ta, 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, Illinois1. said lot being- more particularly- described as follows: Lots 9 and 10 in Venovich Estates Subdivision, a Subdivision of part of the Northeast (quarter of Section 291. Township 7 North, Ba,nge 5- East of the Fourth Principal Meridian, according to the plat thereof recorded in Plat Book 7, Page 8 as Document 76-4770~_situated in_FultorLCaunty, Illinois. Common Address: 25972 North Venovich Road, Canton, II. 61520 ~~E~RE.AS, there is an_ existix~watet ma.in_located adjacent and contiguous to the real estate owned by Landowners; and, WHF.RF,A~ said. water main belongs to and- is- filled wit1L water o~rned and furnished by the CITY; and, WHEREAS. tha 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 o£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, ~VHFRF A ~,. Landowners are not yet contiguous to the- City_o~Canton_andr under the Statutes of the State of Illinois, could not annex to the City of Canton in order to obtain. said services. atthe present time; NQV~= THERE.FORE,_ in_ consideration o£ the mutual covenants, payments and conditions heretofore and.. hereinafter set out, the CITY and- Landowners for. themseLvesr their heirs, administrators1 executors,. assigns and successors in title, do hereby agree as follows: 1. CITY'S WATER: The CITY hereby agrees to allow Landowners to tai 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 anct consumed by Landowners, their heirs, successors, executors and assigns, said rate being computed by using the standard charge- then. prevailing_for water irL the City ofi Cantonr Illinois, and multiplying that prevailing charge per unit of water by two. 3. INSTALLATION:. Landowners agree to pay any- and- a1L installation expense, tap fees and attorneys fees to the City of Canton necessary to accomplish the extension and_filrnishin~ Qf 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 opt. Landowners also agree tQ 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 fore~ning_ extension of and furnishings of water service to the lot owned by Landowners, Landowners hereby covenant and agree for. themselves) their heirsx successors,- administratorsr executors, assigns and subsequent holders of title to any part or all of the foregoing described real estate1 that within-sixty (6Q~ days after being__given_writterLnatiee by tho City of Canton, Illinois, that the real estate, hereinabove described, has become contiguous to the City of Can^_ton, sathat said real estate is capable of being- nn .xedto 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- Gity 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 intitle1 shall be deemed. a covenant which_shalL run vyithancLbind the_real estate hereinabove described for the term set out in the following paragraph. 5. TERM: This. agreement,. and the- covenantx 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 alLsuucessors in title until an annexation ordinance is adopted by the City of Canton, or the successor in interest of the City of Canton= ~nnPxing 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 remaini g part of the premises which. i~ nQt annexed to the City of Canton. 6, DEEA[.IL'L In. the. event. an .annexation petition i s_ not. filed- withirL 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 fiirnish or self further water. to Landowners, or their successors in title who are in violation of this covenant. 7. RATE: In_ the- event the. property becomes contig_uaus 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 C~.nton_ 8. RELEASE: Upon the annexation of the premises hereinZ or a part thereof, the covenants running with the land as hereinabove set out shall be deemed released, null and void as_ to that gQdion_ ~ all. of the real estate actually _annexed, upon the filingof the annexation ordinance and/or plat of the annexed territory with the Fulton County Recorder. of Deeds as p~vided_hy the Illinois Compiled Statutes. 9. RECORDING: The City Clerk, upon the adoption of this agreement or the ratification_ of this agreement by_ the City Councilz 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 therefor 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 padies hereto. DATED: This ~ day of , 19~_. Billy-~eel~ n,~ Berra-Eesl~;- Landeu~~-- CITY OF CANTON, ILLINOIS, an Illinois municipal corporation, By: Donald E. Edwards, Mayor Attest: 3~-~ ~ Gity-C STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) BEFORE me this day= a Notary Public1 in and for the County in the State aforesaid, personally appeared Billy Cook and Barbara Cook, husband and wife, personally known to me to be the same person_ who executed the foreg=oing_ agreement and that they acknowledged that they executed and delivered said agreement as their free and voluntary act for the. uses. and purposes therein_setforth. GIVEN under my hand and Notarial Seal this 8~' day of , 19 9~ "'R~~ STATE OF ILLINOIS, ) SUSAN B HENSELER NOTARY PUBLIC STATE OF ILLII~TOIS S S • MY COMMISSION EXP. MAR 6,2000 COUNTY OF FULTON. ) BEFORE me this day, a Notary Public1 in and for the County irL thu State aforesaid, p personally appeared Donald E. Edwards, personally known to me to be the Mayor of the City of Canton,.. Illinois. and Nancy WhitesT personally known tQ me to be the. City Clerk of the City of Canton, personally known to me to be the same persons who executed the foreg_oing_ag_reement 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 Seat. this g''~ day of 19~. ~~~~ ~ ~ ~ Neta~-guhli~ O I .IAL SEAS SUSAN B HENSELER NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP. MAR 6