Ordinance 2004-58 2i1151-111 A17i14
E i T ed f or Recor d i n
KENDALL cnUNT`r r ILL.INOT3
STATE OF ILLINOIS ) F'AUL ANDERSON
06-17-2ii05 At 02:iii pm.
ss. ORDINANC.E 29.01-1
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2004-a 0�-,'FOR
CONIFER GROUP,LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
(THE VILLAS AT THE PRESERVE SUBDIVISION)
NOW COMES,CONIFER GROUP,LLC,an Illinois Limited Liability Company,the Owner
of 100% real property, and BURNSIDE CONSTRUCTION COMPANY, the Developer of THE
VILLAS AT THE PRESERVE SUBDIVISOIN and the UNITED CITY OF YORKVILLE herein
after referred to as"CITY"who agree to create a Special Service area upon the following terms and
conditions:
WHEREAS,CONIFER GROUP,LLC,wishes to provide additional security to the UNITED
CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to The
Villas at the Preserve Subdivision; and
WHEREAS, the owners of 100% of the subject real property hereinafter described in the
attached Exhibit"A"have entered into a Declaration of Covenant and Restrictions for The Villas at
the Preserve Homeowners' Association dated providing for repair and
maintenance of monuments,signage,landscaping,other common area maintenance responsibilities,
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and administrative expenses for said Development; and
WHEREAS, the Declaration of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners'Association of The Villas
at the Preserve Subdivision to have maintenance and repair responsibility for the above specified
purposes; and
WHEREAS, the CITY is desirous of providing a back-up mechanism providing for the
payment of any cost of maintenance and repair of the above-described purposes as well as any
common elements, and subdivision entrance monumentation and signage to The Villas at the
Preserve Subdivision and if the Homeowners'Association of The Villas at the Preserve Subdivision
does not satisfactorily,in the opinion of the CITY,maintain those items above listed up to a safe and
passable standard for the residents of The Villas at the Preserve Subdivision that a mechanism be
established in order to provide that services are provided,which shall not become a tax burden on the
general citizenry of the CITY; and
WHEREAS, pursuant to 35 ILCS 200\27-5 (2002) et. seq. provides for the creation of
Special Service Area for the provision of municipal responsibility to be assessed to a given area to
finance those maintenance and improvements to the specifically designated area,providing unique
and special services contained in said Service Area; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE AS FOLLOWS:
SECTION I
That a Special Service Area is created for tax purposes in The Villas at the Preserve
Subdivision covering all platted lots within said SUBDIVISION, known as "The Villas at the
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Preserve Subdivision".
That the area designated for coverage by said Special Service Area is as set out in the
attached Exhibit"A"to this Ordinance.
SECTION II
That said Special Service Area is being created as a secondary source of financing to provide
for any maintenance and repair of landscaping, subdivision entrance monumentation, and signage
within common areas not carried out by The Villas at the Preserve Homeowners'Association as well
as the associated administrative expenses incurred by the CITY.
SECTION III
That prior to the imposition of any levy of taxes pursuant to an act creating a Special Service
Area Tax Act, 35 lLCS 200\27-5 (2002) et seq., a hearing shall be held in accordance with said
Statute providing for the amount of taxes to be levied,the purposes for which said taxes are levied,
and the necessity of levying said tax against The Villas at the Preserve Subdivision only in the event
that the Homeowners' Association of said Subdivision does not maintain the above specified
improvements, as well as common areas, subdivision entrance monumentation and signage of said
Subdivision in a safe and passable manner.
SECTION IV
That any tax so levied shall be levied based on the assessed value of each of the taxable units
located within said Subdivision. Notification of said levy shall be given in accordance with said
Statute above cited in conformance with Illinois Compiled Statutes as to each individual dwelling
unit owner on any platted lot in said Subdivision.
SECTION V
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The UNITED CITY OF YORKVILLE shall have power to issue Bonds pursuant to said
Special Service Area Tax Act to complete said work and to levy repayment on an annual real estate
tax bill basis against each dwelling unit within The Villas at the Preserve Subdivision.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
WANDA OHARE \/ JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT 4— MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of j-'t" , A.D. 20 0
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
2(p day of 0(jp1t.-- , A.D. 20_c/ .
Atte
CIT CLERK
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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,r- J00Z '13:17 Gold-Fax Message Page 417
CHICAGO TTTLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000498916 AU
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, AND THAT PART OF THE NORTHEAST 1/4
OF-SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN
BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON
SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48
DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE SOUTHERLY, ALONG THE LAST DESCRIBED COURSE,
967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF LOT, 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT,
882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESERVED IN A WARRANTY DEED
FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN
BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONVEYED TO GEORGE W. HARRIS BY
WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES
19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM),
1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG
SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS
T LPOAi.
'AP PAGE A2 SS 05/23/02 12:46:03
STATE OF ILLINOIS )
3S.
COUNTY OF SAL )
THE VnJ AS AT TRX PREURVE SUBDMSION
GU=To CjtzATj0M OF jMIAL SjjL3M TAR AltR�►
NOW C010S. CONIFER GROUP. LLC, the Owner of I 00%of the real property, and
BLIMIDE CONSTRUCITON COUTANY,the Developer of tho meal pmperiy of The VElas al ft
Pteaetve Subdivision who do hereby in mmibly consent and agree to the cmeatim of a Special Tax
Service Tax Ares pur =t to 35 ILCS 200127-5 (2002) et. sal.and do furdw waive notice of all
right to hearings and publications tbaeo f
The underigmed further waive notice and omsmA to imposition of said Special Tex Service
Area as a beak-up fending medumiem ibr said improvemente and maintensmce on be real propem►
described in the attached Exhibit"A'•
This waiver and comeents shalt be binding upon Owners and theft successors, heixs, and
asaigr►s.
1
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OWNM DBVEMPEEL.
CONEM GROUP,LLC BURNSME CONSTRUCTION COWANY
By: By_ '
Attest: _
Prepared by.
Law Offices of Daoiel L Krmmor
1107A S.Bridge Street
Yorkvn*Illinois 60560
630.5S39500
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967.69 PIES TO TRZ 2t I TSCRLY LZRX Or SAID LOT 8l TEZX= 3 OVl'MUST392LY ALOW TJM
BOLT LXXX OF LCM, B AM TRX NC2 M=? LIM OF LOTS 31 Am 10 OF RAla PLAT,
$82.6,1 rZZT TO T2ta sumnLY i.ISe OP & 10 Acri T2i=r 399S2t2m m IS A 1tA2l2tAwy 273aD
now B ILls Am T a7u= DYxit, 9m!3mm An V=,-To CLtslt3m Uyim mm 3tzc z m xx
800E 30 iT PAM 549 DN:MARCB 23, 1870, AND T83Z CCNVZ-r= TO O2a$GZ V. SAUDIS ST
TAMtA= DS= 82CCOA lD••Z2t DOOt 32 AT PAU 90 ON Z=ZMXX 3, u70l 'III I
NORTH LLY ALCIN SAID•EASTERLY LIES, V=CB 70043 AN ARMS OF 62 DZWMS Z3'UVWn
19 SZCO=a UXTA Tul i.ABT D12SCRIan CovN5X [t!RtRt182ZSD =031&rb7t C>LDCl 222 Tom],
1545.30' 2'S2T W SAID CSWng LIM OF II.LI2tDI9 i2C11'M NO. 71l 1'ECWZ ZASTBRLY MAW
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4AP PA6$ b2 58 03/230po2 12:46:03
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