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Ordinance 2001-46 j Y 0100016939 leed for Record in ENDALL COUNTY ILLINOIS PAUL ANDERSON ' 09-12-2001 At 02:37 PM. November 7, 2000 ORDINANCE 19.00 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) ORDINANCE 2001- Lkkc,_ AN ORDINANCE ESTABLISHING SPECIAL TAX SERVICE AREA NUMBER 2001- G3 FOR Fox HIGHLANDS SUBDIVISION.PHASE I 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. SECTION 2: Findings. A. The question of the establishment of the Special Tax Service Area hereinafter -1- 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- 03 for Fox Highlands Subdivision,Phase I", 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 Highlands Subdivision, Phase I, as well as any other common areas designated in the Declaration of Covenants and Restrictions dated and Final Plats of the Fox Highlands Subdivision, Phase I 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 necessary for public safety and is in the best interest of maintaining real -2- property values within the Fox Highlands Subdivision,Phase I 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. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA PROVED by me,as ayor of the United City of Yorkville,Kendall County,Illinois,this-77, 2j day of , A.D. 204. MAYOR -3- Exhibit "A" LEGAL DESCRIPTION This is to certify that I, Phillip D. Young, an Illinois Professional Land Surveyor and an officer of Phillip D. Young and Associates, Inc., have surveyed, subdivided and platted that part of the Southwest Quarter of Section 4 and that part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northeast Corner of"Walnut Ridge, Kendall Township, Kendall County, Illinois", being also the point of intersection of the centerline of Illinois State Route No. 71 and a westerly line of"Oak Hill Farm" as shown on a plat recorded in Plat Book 5 at Page 16 and now in Cabinet of Plats at Slot 303; thence South 13'10'12" East, along the easterly line of said"Walnut Ridge" and said westerly line of"Oak Hill Farm", 831.39 feet to an angle point in said westerly line; thence South 53'33'06" East, along the southwesterly line of"Oak Hill Farm", 789.95 feet to an angle point in said southwesterly line; thence South 76°53'04" East, along the southwesterly line of said"Oak Hill Farm", 550.23 feet to the westerly line of the abandoned right-of-way of the Fox and Illinois Union Railway Company; thence northerly, along said westerly right-of-way line, 1774.24 feet to the centerline of Illinois State Route No. 71; thence South 72°02'59" West, along said centerline, 480.0 feet; thence South 17°57'01" East, 507.66 feet; thence South 72°02'59" West, 1 98.0 feet; thence North 17'57'01" West, 127.90 feet; thence North 13'1 F28" West, 132.38 feet; thence North 15°44'30" West, 58.32 feet; thence North 16°39'39" West 139.59 feet to the southerly line of Illinois State Route No. 71; thence North 17°57'01" West, 50.0 feet to said centerline of Illinois State Route No. 71; thence westerly, along said centerline, 489.95 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 34.170 acres, more or less, as shown by the plat hereon drawn which is a correct representation of said survey and subdivision. All distances are in feet and decimal parts thereof. All distances shown on curved lines are true arc distances. I further certify that the above described property is is within the corporate limits of the United City of the Village of Yorkville which has adapted an official plan, and that no part of the above described property is located within a special flood hazard area as identified on Federal Emergency Management Agency Flood Insurance Rate Map Community Panel 170341-0075C with an effective date of July 19, 1982. 200100016938 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON November 7, 2000 09-12-2001 At 02:37 ppM. CONSENT 18.00 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) FOX HIGHLANDS SUBDIVISION,PHASE I CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA NOW COMES, FRONTIER LAND GROUP, L.L.C., the Owner of 100% of the real property of Fox Highlands Subdivision, Phase I who does hereby irrevocably consent and agree to the creation of a Special Tax Service Tax Area pursuant to 35 ILCS 200/27-5 (1998)et. seq. and do further waive notice of all right to hearings and publications thereof. The undersigned further waives notice and consents 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 Owner and its successors,heirs,and assigns. FRONTIER LAND GROUP, L.L.C., an Illinois Limited Liability Company BY: C. Managing Partner Signed and sworn to before me Prepared by: IJ ` ���� !, 2000 Law Offices of Daniel J. Kramer 1107A S. Bridge St. t Yorkville, IL 60560 Notary Public 630.553.9500 [" OFFICI =ILLINLOis -1 LISA G. NOTARY PUBLIC,Y COMMISSION LEGAL DESCRIPTION This is to certify that I, Phillip D. Young, an Illinois Professional Land Surveyor and an officer of Phillip D. Young and Associates, Inc., have surveyed, subdivided and platted that part of the Southwest Quarter of Section 4 and that part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northeast Corner of"Walnut Ridge, Kendall Township, Kendall County, Illinois", being also the point of intersection of the centerline of Illinois State Route No. 71 and a westerly line of"Oak Hill Farm" as shown on a plat recorded in Plat Book 5 at Page 16 and now in Cabinet of Plats at Slot 303; thence South 13'10'12" East, along the easterly line of said"Walnut Ridge" and said westerly line of"Oak Hill Farm", 831.39 feet to an angle point in said westerly line; thence South 53'33'06" East, along the southwesterly line of"Oak Hill Farm", 789.95 feet to an angle point in said southwesterly line; thence South 76°53'04" East, along the southwesterly line of said"Oak Hill Farm", 550.23 feet to the westerly line of the abandoned right-of-way of the Fox and Illinois Union Railway Company; thence northerly, along said westerly right-of-way line, 1774.24 feet to the centerline of Illinois State Route No. 71; thence South 72°02'59" West, along said centerline, 480.0 feet; thence South 17°57'01" East, 507.66 feet; thence South 72°02'59" West, 198.0 feet; thence North 17°57'01" West, 127.90 feet; thence North 13'11'28" West, 132.38 feet; thence North 15'44'30" West, 58.32 feet; thence North 16°39'39" West 139.59 feet to the southerly line of Illinois State Route No. 71; thence North 17°57'01" West, 50.0 feet to said centerline of Illinois State Route No. 71; thence westerly, along said centerline, 489.95 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 34.170 acres, more or less, as shown by the plat hereon drawn which is a correct representation of said survey and subdivision. All distances are in feet and decimal parts thereof. All distances shown on curved lines are true arc distances. I further certify that the above described property is is within the corporate limits of the United City of the Village of Yorkville which has adapted an official plan, and that no part of the above described property is located within a special flood hazard area as identified on Federal Emergency Management Agency Flood Insurance Rate Map Community Panel 170341-0075C with an effective date of July 19, 1982.