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ANNEXATION AGREEMENT <br /> The Annexation Agreement (the Agreement) is made and entered into this <br /> day of , 2009, by and between Douglas R. and Kelly J. Nichols, (the <br /> Owner), and the City of Decatur, a municipal corporation organized and existing under <br /> and by virtue of the laws of the State of Illinois (the City) by and through its Mayor and <br /> City Council (collectively, the Corporate Authorities). <br /> RECITALS <br /> A. Douglas R. and Kelly J. Nichols are the owners of record of two (2) <br /> parcels of adjoining real estate — Nichols I (currently known as Lot 40 of Greenlake <br /> Forest Second Addition) which is currently located in the Decatur City limits (hereinafter <br /> referred to as Nichols I) and the property which is not within the corporate limits of the <br /> City (hereinafter referred to as Nichols II and legally described in Exhibit "A"); said Lots <br /> are described in the Plat marked Exhibit "B" attached hereto and made a part of this <br /> Agreement. <br /> B. Nichols Tract II constitutes territory which is contiguous to and may be <br /> annexed to the City, as provided under Section 7 of the Illinois Municipal Code, Illinois <br /> Compiled Statutes, Ch. 24, §7-1-1, et. seq. <br /> C. The Owner desires to have Nichols II annexed to the City, upon the terms <br /> and conditions provided herein. <br /> D. The Corporate Authorities, after due and careful consideration, have <br /> concluded that the annexation of the Subject Property to the City would further the <br /> orderly growth of the City, enable the City to control the development of the Subject <br /> Property, and serve the best interests of the City. <br /> E. Any fire protection district, library district and other entity or person entitled <br /> to notice prior to annexation of the Subject Property to the City has been given notice <br /> thereof by the City; the respective districts have not objected to the annexation <br /> propos�d by this Agreement. <br /> NOW, THEREFORE, in consideration of the premises and the mutual covenants <br /> and agreements herein contained, and in reliance on the ordinances of the City in effect <br /> as of the date hereof, the parties hereto hereby agree as follows: <br /> 1. STATUTORY AUTHORITY. The parties hereto enter into this Agreement <br /> pursuant to and in accordance with the provisions of Illinois Compiled Statutes Chapter <br /> 65 § 5/11-15.1 et. seq. and the Code of Ordinances of the City of Decatur. <br /> 2. ANNEXATION. (a) The Owner has filed with the City Clerk a Petition for <br /> Annexation of the Subject Property to the City conditioned upon the terms and <br /> provisions of this Agreement, which Petition has been prepared, executed and filed in <br /> accordance with the Illinois Compiled Statute and the City of Decatur Code of <br /> Ordinances and other requirements of the City. A copy of said Petition is attached <br /> hereto as Exhibit C and made a part hereof. The Owner has paid all fees and deposits <br /> required for such annexation. <br /> 1 <br />