HomeMy WebLinkAboutResolution #4080 RESOLUTION NO. 4080
A RESOLUTION APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE
CITY OF CANTON AND ANGELA HOLTHAUS.
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 2nd day of September, 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:
Jeffrey A. Fritz, ayor
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D ana Pavley- ock, City Clerk
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COUlfi1TY ICLERK S��RECARDEFt
FULTGA C�UNTY, IL
08/19E2014ED10�30:'
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REC FEE; 61.0Q1
PAGES: 5
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PRE-ANNEXATION
THIS AGREEMENT, made by and between the CITY OF CANTON, ILLINOIS, a
municipal corporation, hereina�ter referred to as "City" and Angela Holthaus, her heirs,
administrators, executors, assigns and successors in title, hereinafter collectively referred to as
"Landowner", collectively representing that she is all (100%) of the owners of the following
described real property,
WITNESSETH:
WHEREAS, Landowner is the owner of a certain residential lot located in Canton,
Fulton County,Illinois,said lot being more particularly described as follows:
A part of the Northweat Quarter of Section 2$, Township 7 North, Range 4 Est of
the Fourth Principal Meridian, Fulton County, Illinois, more particularly describes as
follows:
Commencing at a mag nail found at the southeast corner of said Northwest Quarter
of Section 28; t6ence South 89 degrees 45 minutes 28 seconds Weat (Bearinga refer to the
Illinois Coordinate System, West Zone, NAD 1983), a distance of 150.00 feet along the
south line of said Northwest Quarter of Section 28 to the Point of Beginning of the parcel to
be described:
From said Point of Beginning: thence south 89 degrees 45 minutes 28 seconds Wegt,
continuing along eaid south line a distance of 265.63 feet to the point, said being South 00
degreea 04 minutes 40 secoads East, a diatance of 27.75 feet from an iron rod found; thence
North 00 degrees 04 minutea 40 seconds West, a distunce of 468.08 to a iron rod set; thence
North 89 degreea 59 minutea 10 seconds West, a diatance of 107.14 feet to a iron rod set;
thence North 20 degrees 04 minutes 28 seconds East,a distance of 293.81 feet; thence North
89 degrees 45 minutea 16 seconds East,a diatance of 283.78 feet;thence South 00 degreea 51
minutes 51 aeconds West, a distance of 744.24 feet to the point of beginning, conts�ining
5,000 acres more or less.
PIN Number: 09-08-28-100-013
Common Address: 1007 Old West Locust Street, Canton, Illinois
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by Landowner;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, Landowner desires 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, Landowner is 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 Landowner for herself, assigns and
successors in title,do hereby agree as follows:
1. CITY'S WATER: The City hereby agrees to allow Landowner 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 Landowner once the tap and necessary hookups are completed.
2. DOUBLE RATE: Landowner agrees 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: Landowner agrees to pay any and all installation expense, tap fees
and attorney's fees to the City of Canton necessary to accomplish the extension and fumishing of
water as hereinabove set out. Landowner also agrees 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 Landowner hereby covenant and agree for
herself, her 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, Landowner, individually, and
for her successors in title, hereby covenant and agree that she 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 covenants herein
made by Landowner for her 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 sha11 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 Landowner, or her
successors in title who aze 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 temunate in its entirety and Landowner, and her 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 a11 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, sha11 cause this agreement to be recorded with the Recorder
of Deeds of Fulton County, Illinois. Landowner sha11 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.
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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 Angela Holthaus, personally known to me to be the same person who executed the
foregoing agreement and that she acknowledged that she executed and delivered said agi�eement
as her free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this�day of� ,2014.
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OFF CII AL SEAL �f ,
CAR
OL E KOHLER Notary Public ���
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10102114
CITY OF CANTON,ILLINOIS,an Illinois
Municipal Corporation,
`..-, By: ` I�,�iiJ'�/)
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) e y A. ,Mayor
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Attest: �
iana Pa y-Rock,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 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 Carrton, 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.
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GIVEN under my hand and Notarial Se�l this�day of��—'20�.
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���G��'� Notary Public
CAROL E KOHIER
NOTARY PUBLIC-STATE OF 0..LINOtS
MY COI�uNSSl0�1 EXPIRES 10102l14
Prepared by and Retum To:
CITY OF CANTON
2 N.Main Street
Canton,IL 61 S20
309-647-0065