Ordinance 2001-32 200100018794
Filed for Record in
Revised May 17, 2001 KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
10-09-2001 At 02:27 PM.
STATE OF ILLINOIS ) ORDINANCE 19. 00
) SS.
COUNTY OF KENDALL )
ORDINANCE 2001-
AN ORDINANCE ESTABLISHING SPECIAL
TAX SERVICE AREA NUMBER 2001- 0,� FOR
FOX RIVER ESTATES SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Authority to Establish Special Service Area.
Special Service Areas are established pursuant to Article VII, Section 7,of the Constitution
of the State of Illinois, in force July 1, 1971, which provides:
"Counties and municipalities which are not home-rule units shall have only powers granted
to them by law and the powers...(6)to levy or impose additional taxes upon areas within their
boundaries in the manner provided by law for the provision of special services to those areas
and for the payment of debt incurred in order to provide those special services."
and are established pursuant to the provisions of an Act to provide the manner of levying or
imposing taxes for the provision of special services to areas within the boundaries of home-rule
units and non-home-rule municipalities and counties and pursuant to the Revenue Act of 1939.
-1-
SECTION 2: Findings.
A. The question of the establishment of the Special Tax Service Area hereinafter
described as a Special Tax Service Area is considered by the City Council pursuant to an Ordinance
entitled "Enabling Ordinance to Create Special Service Area 2001-0A for Fox River Estates
Subdivision",in the United City of Yorkville,and pursuant to a waiver and consent to the imposition
of a Special Tax Service Area executed by the owner of 100%interest in said subdivision,without
the necessity of any public hearing, or period for objection pursuant to 35 ILCS 200/27-5 (1998).
B. The special tax shall be levied and shall be assessed as follows on all of the real
property included in the special service area:
A maximum of (percent of assessed valuation), i.e.; $.50 per $100.00 of equalized assessed
valuation. Said assessments may be made at any time by City Ordinance for an indefinite period of
time; or for a time determined in said Ordinance after all required public hearings. At the hearing,
all persons affected will be given an opportunity to be heard. The assessment made at said hearing
will only be for the purpose of accomplishing extraordinary and unique repairs and maintenance as
set out above in said subdivision. It is necessary to provide a back-up method to insure that
monuments, signage, and landscaping within the common areas of Fox River Estates Subdivision,
as well as any other common areas designated in the Declaration of Covenants and Restrictions dated
and Final Plats of the Fox River Estates Subdivision, to the Recorder
of the United City of Yorkville a source of funding in the event said Homeowner's Association fails
to maintain and repair said facilities in a safe and useable condition as is determined by the City
Council of the United City of Yorkville. The United City of Yorkville shall further be reimbursed
for any administrative costs incurred if any assessment is necessary to be made. This program is
-2-
necessary for public safety and is in the best interest of maintaining real property values within the
Fox River Estates Subdivision as described in the attached Exhibit"A".
C. Prior to the assessments being made for any part of the work done listed above, the
United City of Yorkville shall give the persons affected advance notice of a Public Hearing as per
Illinois Compiled Statutes governing Special Tax Service Areas to be held so that input may be had
as to said assessment
SECTION 3: This Special Tax Services Area shall run for an indefinite period of time.
SECTION 4: All Ordinances or parts of Ordinances in conflict with these provisions are
repealed.
SECTION 5: This Ordinance shall become effective from and after its passage, approval,
and publication in pamphlet form in the manner prescribed by law.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS -
LARRY KOT JOSEPH BESCO y
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
-� day of In , A.D. 20
MAYOR
-3-
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
' day of , A.D. 20/'/.
Attest-
CL9RK(
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-4-
LEGAL DESCRIPTION
THAT PART OF THE EAST %2 OF SECTION 31 AND PART OF THE WEST %2 OF SECTION 32,
)WNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
,tOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17
DEGREES 33 MINUTES 21 SECONDS EAST 1340.92 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 17
DEGREES 32 MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20
SECONDS EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15
MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO,
BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE NORTH 17 DEGREES 54 MINUTES
50 SECONDS WEST 1580.48 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY BANK TO A POINT NORTH 17 DEGREES 33 MINUTES 21
SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 33 MINUTES 21
SECONDS EAST 1459.68 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART OF THE EAST
%2 OF SECTION 31 AND PART OF THE WEST /20F SECTION 32, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 31; THENCE EAST ALONG THE QUARTER SECTION LINE 1397.34
FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS EAST TO THE SOUTHERLY RIGHT
OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES 40 SECONDS EAST 1144.42
SET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
,INE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET;
THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10
FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF
WAY LINE OF SAID CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING; AND
ALSO EXCEPT THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
COMPANY), IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
THAT PART OF THE EAST /20F SECTION 31 AND PART OF THE WEST /20F SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS
EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD COMPANY, FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32
MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS
EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST
2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO, BURLINGTON AND
QUINCY RAILROAD COMPANY; THENCE SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY
" INE, TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
�LINOIS.
200100018793
Filed for Record in
STATE OF ILLINOIS ) KENDAANDERSNTY, ILLINOIS
AUL)ss. 10-09-2001 At 02:27 PM.
COUNTY OF KENDALL ) CONSENT 18.00
RIVER'S EDGE SUBDIVISION
F/N/A FOX RIVER ESTATES 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
jW ,
PREPARED BY:
Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
(630) 553-0088
RIVER'S EDGE SUBDIVISION
F/NIA FOX RI VER ES TA TES S UBDI VISION
CONSENT TO CREA TION OF SPECIAL SER VICE 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 River's Edge Subdivision, f/n/a Fox River Estate Subdivision
and do hereby irrevocably consent and agree to the creation of a Special Service Tax
Area pursuant to 35 ILLS 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 fillip E. {nierim, Member
Richard Stanciu, Member
G:\Shared\Real Estate\River's Edge. Consent.doc
LEGAL DESCRIPTION
THAT PART OF THE EAST %2 OF SECTION 31 AND PART OF THE WEST I/2 OF SECTION 32,
DWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
rOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17
DEGREES 33 MINUTES 21 SECONDS EAST 1340.92 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 17
DEGREES 32 MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20
SECONDS EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15
MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO,
BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE NORTH 17 DEGREES 54 MINUTES
50 SECONDS WEST 1580.48 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY BANK TO A POINT NORTH 17 DEGREES 33 MINUTES 21
SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 33 MINUTES 21
SECONDS EAST 1459.68 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART OF THE EAST
%2 OF SECTION 31 AND PART OF THE WEST %2 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 31; THENCE EAST ALONG THE QUARTER SECTION LINE 1397.34
FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS EAST TO THE SOUTHERLY RIGHT
OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES 40 SECONDS EAST 1144.42
"EET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
,,INE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET;
THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10
FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF
WAY LINE OF SAID CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING; AND
ALSO EXCEPT THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
COMPANY), IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
THAT PART OF THE EAST 1/20F SECTION 31 AND PART OF THE WEST %2 OF SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS
EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD COMPANY, FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32
MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS
EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST
2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO, BURLINGTON AND
QUINCY RAILROAD COMPANY; THENCE SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY
T TNE, TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
,LINOIS.