HomeMy WebLinkAboutResolution #4078 RESOLUTION NO. 4078
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND DOUGLAS AND TARA SHORE.
WHEREAS, the Canton City Council 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 19th day of August,2014, upon a roll call vote as follows:
AYES: Aldermen Ellis, Justin Nelson, Lovell, Hale, West, Putrich, Pickel,Jim
Nelson
NAYS: None
ABSENT: None
APPROVED:
Jeff•ey . F ' , Mayor
Att t:
D avley- ock, � e--�--
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PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and Douglas and Tara Shore, 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 owner of a certain residential lot located in Canton,
Fulton County, Illinois, said lot being more particularly described as follows:
All that part of Lots numbered 1, 2, and 38, in Dal-Bar subdivision of a part of the
Southeast Quarter of Section 19, Township 7 North, Range 5, East of the Fourth Principal
Meridian, situated in Orion Township, Fulton County, Illinois, described as follows, to wit:
Beginning at the Southwest corner of Lot 38 aforesaid, running thence North 90
feet, thence East 112 feet, thence South 90 feet, thence West 112 feet to the point of
beginning.
Which falls within the following described tract of land:
A part of the Southeast Quarter of Section 19, Township 7 North, Range 5, East of
the Fourth Principal Meridian, situated in the County of Fulton and the State of Illinois,
described as follows: 90 feet North and South by 112 feet East and West of the Southwest
corner of the following described parcel of land:
Commencing at a stone located 1368.3 feet South 60 degrees West of a point being
1141 feet South of a point 1726 feet North 89 degrees 19 minutes East of a stone at the
center of Section 19, Town and Range aforesaid, from said stake, thence North 60 degrees
East for a distance of 200 feet, thence South to a point being parallel to a point 162 '/: feet
South of said stake, thence West to a point 162 '/Z feet South of said stke, thence North 162
'/Z feet to the point of beginning, containing in al less than one acre of land.
PIN Number: 10-09-19-402-002
Common Address: 24668 E. Barker Drive, Canton, Illinois
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; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and conditions
heretofore and hereinafter set out, the City and Landowners for themselves, 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 for residential purposes only
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 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
attorney's fees to the City of Canton necessary to accomplish the extension and furnishing of
water as 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 hereby covenant and agree for
themselves, their heirs, successors, administrator, 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 far
the parcel or parcels hereinabove described and proceed through normal procedural channels to
have 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 the 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 assigns and
successors in title of the parties hereto.
DATED: This day of 2014.
,
Douglas Shore Tara Shore
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 Douglas and Tara Shore, 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 Notary Seal this day of , 2014.
Notary Public
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
By: — ��
Jef�rey�Fr , ayor
Attest: sl
iana Pav ey-R , rty Clerk
STATE OF ILLINOIS, )
) SS.
COUNTY OF FULTON )
BEFORE me this day, a Notary Public, in and far the County in the State aforesaid,
personally appeared Jeffrey A. Fritz, personally known to me to be the Mayor of the City of
Canton, Illinois and Diana Pavley-Rock, 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 day of 20
,
Notary Public
Prepared by and Return To:
CITY OF CANTON
2 N. Main Street
Canton, IL 61520
309-647-0065
� �
r � .
i �� i �ai
JA?fES I. HELSON
COUNTY CLERIi 8 RECGRI►ER
FULTOH CQUHTY, IL
RECaRDED DH
�8/21/�01�! iQ►:3E.:2�A?!
}�E� FEE: 61.00
PAGES: 5
***���***�*��r��**��r***����**���**�**�***�****�*�*�*��*����**��*��r*�*�***�*****
PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereinafter referred to as "City" and Douglas and Tara Shore: husband
and wife, their heirs, administrators, executors, assigns and successors in title, hereinafter
collectively referred to as "Landowners", collectively representing that they are a11 (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:
All that part of Lots numbered 1, 2, and 38, in Dal-Bar subdivision of a part of the
Southeast Quarter of Section 19, Township 7 North, Range 5, East of the Fourth Principal
Meridian,situated in Orion Township,Fulton County,Illinois,described as follows, to wit:
Beginning at the Southwest corner of Lot 38 aforesaid, running thence North 90
feet, thence East 112 feet, thence South 90 feet, thence West 112 feet to the point of
beginning.
Which falls within the following described tract of land:
A part of the Southeast Quarter of Section 19, Township 7 North, Range 5, East of
the Fourth Principal Meridian, situated in the County of Fulton and the State of Illinois,
described as follows: 90 feet North and South by 112 feet East and West of the Southwest
corner of the following described parcel of land:
Commencing at a stone located 1368.3 feet South 60 degrees West of a point being
1141 feet South of a point 1726 feet North 89 degrees 19 minutes East of a stone at the
center of Section 19, Town and Range aforesaid, from said stake, thence North 60 degrees
!
East for a distance of 200 feet, thence South to a point being parallel to a point 162 '/: feet
South of said stake, thence West to a point 162 '/Z feet South of said stke, thence North 162
'/:feet to the point of beginning, containing in al less than one acre of land.
PIN Number: 10-09-19-402-002
Common Address: 24668 E. Barker Drive, Canton,Illinois
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 aze, at the present time, easily extendible to
their real estate; and,
WHEREAS, Landowners aze not yet contiguous to the City of Canton and, under the
Sta.tutes of the State of Illinois, could not annex to the City of Canton in order to obtain said
services at the present time; and,
NOW THEREFORE, in consideration of the mutual covenants, payments and conditions
heretofore and hereinafter set out, the City and Landowners for themselves, 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 for residential purposes only
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 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
attorney's fees to the City of Canton necessary to accomplish the extension and fiunishing of
water as 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 hereby covenant and agree for
themselves, their heirs, successors, administrator, executors, assigns and subsequent holders of
title to any part or a11 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 far 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 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
esta.te 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 a11 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. T'he City may elect to refuse to furnish or sell further water to Landowners, ar
their successors in title who are in violation of the 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 sha11 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 assigns and
successors in title of the parties hereto.
DATED: This�day of _, 2014.
bct� � � �,�,
Douglas Shore ' a Shor��
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 Douglas and Tara Shore; 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 Notary Sea1 this�day of ,2014.
OFFICIAL SEAL �+���1—
CAROL E KOHLER Notary Public
NOTARY PUBLIC-STATE OF ILLIN0IS
MY COMMISSION EXPIRES:10IO2/14
CITY OF CANTON, ILLINOIS, an Illinois
Municipal Corporation,
,. BY� �.,� � �
'� J f A. tz, Mayor
I j`
Attest: �
Diana P ley- oc , ity C erk
.
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 Jeffrey A. Fritz, personally known to me to be the Mayor of the City of
Canton, Illinois and Diana Pavley-Rock, 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 Sea1 this�day of 20�,
,
d
,
Notary Pu lic
Prepared by and Return To: �
CITY OF CANTON OFFICIAL SEAL
2 N. Main Street CAROL E KOHLER
Canton, IL 61520 NOTARY PUBLIC-STATE OF ILLiN01S
MY COMMISSION EXPIRES:10102114
309-647-0065