Ordinance 2001-33 Revised May 17, 2001 200100018795
Filed for Record in
STATE OF ILLINOIS ) PAUL KENDALL ILLINOIS
) ss. 10-09-2001 At 02:27 FPM.
ORDINANCE 20.00
COUNTY OF KENDALL )
ORDINANCE NO. 2001--33
ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2001- !� FOR
FOX RIVER ESTATES SUBDIVISION
NOW COMES, PHILLIP E. KNIERIM and WINDHAM DEVELOPMENT CO.,
"OWNERS"of FOX RIVER ESTATES 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,PHILLIP E. KNIERIM and WINDHAM DEVELOPMENT CO., OWNERS,
wish to provide additional security to the UNITED CITY OF YORKVILLE for purposes of
guaranteeing unique and special municipal services to the FOX RIVER ESTATES 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
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repair and maintenance of monuments, signage, landscaping, other common area maintenance
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 FOX RIVER
ESTATES 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 FOX RIVER
ESTATES SUBDIVISION and if the Homeowners Association of the FOX RIVER ESTATES
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 FOX RIVER ESTATES 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 FOX RIVER
ESTATES SUBDIVISION covering all platted lots within said SUBDIVISION, known as "FOX
RIVER ESTATES 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 Fox River Estates 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 FOX RIVER ESTATES 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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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 FOX RIVER ESTATES 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
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
7a
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
2 )y of , A.D. 200,-)
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
, ay of , A.D. 20
Attest
Y CLE
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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LEGAL DESCRIPTION
THAT PART OF THE EAST 1/20F SECTION 31 AND PART OF THE WEST '/2 OF SECTION 32,
OWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
1 OLLOWS: 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
TET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
JINE, 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 %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: 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
TINE, TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
,LINOIS.