Ordinance 2001-17 Revised April 26, 2001
STATE OF ILLINOIS )
) ss. 2001000 18791
Filed for Record in
COUNTY OF KENDALL ) KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
10-09-2001 At 02:27 FPM.
ORDINANCE 20.00
ORDINANCE NO. 2001- 1
of -eey"
ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2001- FOR
PRAIRIE GARDENS SUBDIVISION
NOW COMES, ROBERT M. LOFTUS and ILDEFONSA LOFTUS, "OWNERS" of
PRAIRIE GARDENS SUBDIVISION, and the UNITED CITY OF YORKVILLE herein after
referred to as"CITY'who agree to create a back-up Special Tax Service Area upon the following
terms and conditions:
WHEREAS, ROBERT M. LOFTUS and ILDEFONSA LOFTUS, OWNERS, wish to
provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing
unique and special municipal services to the PRAIRIE GARDENS SUBDIVISION and to provide
a back-up mechanism for subdivision signage,common areas and detention within the subdivision
in the event the Homeowners Association or Developers thereof fail to maintain those features;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 providing for
repair and maintenance of monuments, signage, landscaping, other common area maintenance
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responsibilities, 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 PRAIRIE
GARDENS 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 PRAIRIE
GARDENS SUBDIVISION and if the Homeowners Association of the PRAIRIE GARDENS
SUBDIVISION does not satisfactorily, in the opinion of the City Administration of the UNITED
CITY OF YORKVILLE, maintain those items above listed up to a safe and passable standard for
the residents of said PRAIRIE GARDENS 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 et. seq.provides for the creation of Special Tax
Service Area for the provision of municipal services 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 Special Tax Service Area; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE AS FOLLOWS:
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SECTION I
That a Special Tax Service Area is created for the above-stated purposes in the-PRAIRIE
GARDENS SUBDIVISION covering all platted lots within said SUBDIVISION, known as
"PRAIRIE GARDENS SUBDIVISION".
That the area designated for coverage by said Special Tax Service Area is as set out in the
attached Exhibit"A"to this Ordinance.
SECTION II
That said Special Tax 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 Prairie Gardens 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 Tax
Service Area Tax Act, 35 ILCS 200\27-5 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 PRAIRIE GARDENS SUBDIVISION only in the
event that the Homeowners Association of said Subdivision or Developer 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
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1Qcated 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 PRAIRIE GARDENS SUBDIVISION;but in no
event shall said assessment exceed$.50 per$100.00 of equalized assessed valuation.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
PAUL JAMES MARTY MUNNS A,
RICHARD STICKA MIKE ANDERSON
VALERIE BURD � ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
4-kday of A.D. 20 ,�) .
MAYOR
-4-
PASSED by the City.Council of the United City of Yorkville,Kendall County,Illinois this
da Y of \� , A.D. 206.
Attest: hJI1P,771< ;K-
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-5-
1 ' 1
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89 040'05" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE
NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG
SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE,
1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01'44'07" EAST,
ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88°52'07" WEST, 1645.43
FEET TO AN OLD CLAIM LINE; THENCE NORTH 11'59'56" EAST, ALONG SAID
CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88-52'07" WEST FROM THE
POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT
OF BEGINNING (EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE
EASTERLY 805.59 FEET, AS MEASURED ALONG THE EAST AND NORTH LINES, AND
EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF
ILLINOIS) IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
CONTAINING 24.20 ACRES
cv01 i X0018790
Filed for Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
10-09-2001 At 02:27 ppia.
)ss. CONSENT 18.00
COUNTY OF KENDALL )
PRAIRIE GARDEN SUBDIVISION
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
Prepared by:
Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
(630) 553-0088
Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
(630) 553-9500
PREPARED BY:
Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
(630) 553-0088
PRAIRIE GARDEN .SUBDIVISION
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
Now comes S & K DEVELOPMENT, LLC, an Illinois Limited Liability
Company, the Owner of 100% of all of the rights, title and interest in and to the real
estate commonly known as Prairie Garden Subdivision and do hereby irrevocably
consent and agree to the creation of a Special Service Tax Area pursuant to 35 ILCS
200/27-5 (1998) et. seq. and do further waive all notice of all rights to hearings and
publications incident to the creation of a Special Service Tax Area.
The undersigned further waives all notice and consents to the imposition of said
Special Service Tax Area as a back-up funding mechanism for improvements and
maintenance on and to the real estate, all of which is described on Exhibit "A" attached
hereto and made a part hereof.
This waiver and consent shall be a covenant running with the real estate and shall
be binding upon the current owner or owners thereof and all successors and assigns.
S & K DEVELOPMENT, LLC, an
Illinois Limited Liability Company,
BY&*p erim, Member
Richard Stanciu, Member
G:AShared\Real Estate\Prairie Garden.Consent.doc
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89 040'05" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE
NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG
SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE,
1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01'44'07" EAST,
ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88°52'07" WEST, 1645.43
FEET TO AN OLD CLAIM LINE; THENCE NORTH 11'59'56" EAST, ALONG SAID
CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88°52'07" WEST FROM THE
POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT
OF BEGINNING (EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE
EASTERLY 805.59 FEET, AS MEASURED ALONG THE EAST AND NORTH LINES, AND
EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF
ILLINOIS) IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
CONTAINING 24.20 ACRES