Ordinance 2002-58 October 8, 2002
2003 a 002855
STATE OF ILLINOIS ) Filed for Record in
KENDALL COUNTY, ILLINOIS
ss. PAUL ANDERSON
COUNTY OF KENDALL ) 01-28-2003 At 02:16 FPM.
ORDINANCE 19. 00
ORDINANCE NO. 2002--a%
ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2002- FOR
AMG HOMES,INC.
AN ILLINOIS CORPORATION
(KYLYN'S RIDGE SUBDIVISION)
NOW COMES, AMG HOMES, INC., an Illinois Corporation, the Owner of 100% and
Developer of KYLYN'S RIDGE SUBDIVISION 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, AMG HOMES, INC., wishes to provide additional security to the UNITED
CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the
Kylyn's Ridge 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 Kylyn's Ridge
-lo be- r(,-w(-deLA
Homeowners' Associations w°+ii eadA moat ?ia�- providing for repair and maintenance of
monuments, signage, landscaping, other common area maintenance responsibilities, and
administrative expenses for said Development; and
1
to be- 0ecscde.i
WHEREAS, the Declaration of Covenants and Restrictions of record - wih ecck Final Mat
have provided a primary duty with the Homeowners' Association of the Kylyn's Ridge
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 Kylyn's Ridge
Subdivision and if the Homeowners' Association of the Kylyn's Ridge Subdivision does not
satisfactorily, in the opinion of the United City of Yorkville, maintain those items above listed up
to a safe and passable standard for the residents of said Kylyn's Ridge 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 United City of Yorkville; 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 Kylyn's Ridge Subdivision
covering all platted lots within said SUBDIVISION, known as "Kylyn's Ridge Subdivision".
That the area designated for coverage by said Special Service Area is as set out in the
attached Exhibit"A"to this Ordinance.
2
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 Kylyn's Ridge 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 ILCS 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 Kylyn's Ridge 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
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 Kylyn's Ridge Subdivision.
3
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
MIKE ANDERSON 4— JOSEPH BESCO
VALERIE BURR 11 PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
'APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
�' - day of ��' , A.D. 20al----
MAYOR
PASS by the City Council of the United City of Yorkville,Kendall County, Illinois this
l day of , A.D. 20_4._
Attest:
CITY ERK
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
4
EXHIBIT A
LEGAL DESCRIPTION:
THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE'THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00
DEGREES 39 MINUTES 04 SECONDS 1 FEET TO THE POINT OF BEGINNING;
SECTION 19, A DISTANCE
THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE
OF 1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS
EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD;
THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE
CENTERLINE OF FAXON ROAD,A DISTANCE OF 275.00 FEET; THENCE-
SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00
FEET; S WEST A
THENCE NORTH 80 DEGREES 27 MINUTES 23 SECOND.
DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37
SECONDS EAST, A DISTANCE NORTH DEGREES 27OMHINUTES 23SCONDS WEST
FAXON ROAD; THENCE N H
ALONG SAID ROAD CENTERLINE, A DISTANCE OF 351.94 FEET; THENCE
NORTH 80 DEGREES 15 MINUTES 53 SECONDS F EST, LONG THENCE
CENTERLINE OF FAXON ROAD, A DISTANCE O
NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD
CENTERLINE, A DISTANCE OF 332.13 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST,A DISTANCE OF 698.12 FEET; THENCE SOUTH
90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE
OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS
EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL,
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
AREA: 69.82 ACRES (INCLUDES AREA IN ROAD)
October 8, 2002
STATE OF ILLINOIS ) 200300002854
Filed for Record in
SS. KENDALL COUNTY, ILLINOIS
COUNTY OF KENDALL ) PAUL ANDERSON
01-28-12003 At 02: 16 pm.
CONSENT 18.UU
KYLYN'S RIDGE SUBDIVISION
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
NOW COMES, AMG HOMES, INC., the Owner of 100% of the real property, and the
Developer of the real property of Kylyn's Ridge Subdivision who do hereby irrevocably consent and
agree to the creation of a Special Tax Service Tax Area pursuant to 35 ILCS 200/27-5(2000)et. seq.
and do further waive notice of all right to hearings and publications thereof.
The undersigned further waive notice and consent to imposition of said Special Tax Service
Area as a back-up funding mechanism for said improvements and maintenance on the real property
described in the attached Exhibit"A".
This waiver and consents shall be binding upon Owners and their successors, heirs, and
assigns.
OWNER/DEVELOPER:
AMG HOMES, INC.
BY:_
Prepared by:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street Attest:
Yorkville, Illinois 60560
630.553.9500
-1-
EXHIBIT A
LEGAL DESCRIPTION:
THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE'THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00
DEGREES 39 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID
SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE
OF 1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS
EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD;
THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE
CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; TI•IENCE
SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00
FEET; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST A
DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37
SECONDS EAST, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF
FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST
ALONG SAID ROAD CENTERLINE., A DISTANCE OF 351.94 FEET; THENCE
NORTH 80 DEGREES 15 MINUTES D WEST,6583 FEET; THENCE
CENTERLINE OF FAXON ROAD, A ISTANCE O
NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD
CENTERLINE, A DISTANCE OF 332.13 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST,A DISTANCE OF 698.12 FEET; THENCE SOUTH
90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE
OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS
EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL.
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
AREA: 69.82 ACRES (INCLUDES AREA IN ROAD)