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Ordinance 2001-47 200100016940 November 7, 2000 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) 09-12-2001 At 02:37 FM. ss. ORDER `0.00 COUNTY OF KENDALL ) ORDINANCE NO. 2001-`'l"1 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2001- FOR FOX HIGHLANDS SUBDIVISION,PHASE I NOW COMES, FRONTIER LAND GROUP, L.L.C., "OWNER" of FOX HIGHLANDS SUBDIVISION, PHASE I 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, FRONTIER LAND GROUP, L.L.C., OWNER,wishes to provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the FOX HIGHLANDS SUBDIVISION,PHASE I 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 owner of 100% of the subject real property hereinafter described in the attached Exhibit "A" has entered into a Declaration of Covenant and Restrictions providing for repair and maintenance of monuments, signage, landscaping, other common area maintenance responsibilities, and administrative expenses for said Development; and -1- WHEREAS, the Declaration of Covenants and Restrictions of record dated have provided a primary duty with the Homeowners Association of the FOX HIGHLANDS SUBDIVISION, PHASE I 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 HIGHLANDS SUBDIVISION, PHASE I and if the Homeowners Association of the FOX HIGHLANDS SUBDIVISION,PHASE I 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 HIGHLANDS SUBDIVISION,PHASE I 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: -2- SECTION I That a Special Tax Service Area is created for the above-stated purposes in the FOX HIGHLANDS SUBDIVISION, PHASE I covering all platted lots within said SUBDIVISION, known as "FOX HIGHLANDS SUBDIVISION, PHASE I". 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 Highlands 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 HIGHLANDS SUBDIVISION,PHASE I 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. -3- 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 FOX HIGHLANDS SUBDIVISION,PHASE I; 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. MIKE ANDERSON A JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA PROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this ay of Lla t, ,A.D. 204. MAYOR -4- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20V4. Attest. I CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -5- 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, 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.