Loading...
Ordinance 2000-18 .i ed for Record in i:UJLh\iY, ILL.INUIS PIRUL 01 ;�R ON STATE OF ILLINOIS ?{ 2§t2 �`=�+ am. C{RDiN 1 UO ss. COUNTY OF KENDALL ) ORDINANCE NO. 2000- /8 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2000- FOR HEARTLAND SUBDIVISION NOW COMES,RICHARD MARKER ASSOCIATES,INC.,"OWNER"ofHEARTLAND 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, RICHARD MARKER ASSOCIATES, INC., OWNER, wishes to provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the HEARTLAND 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 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 HEARTLAND 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 HEARTLAND SUBDIVISION and if the Homeowners Association of the HEARTLAND 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 HEARTLAND 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: SECTION I That a Special Tax Service Area is created for the above-stated purposes in the HEARTLAND SUBDIVISION covering all platted lots within said SUBDIVISION, known as -2- + f "HEARTLAND 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 Heartland 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 HEARTLAND 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 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. -3- y 1 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 HEARTLAND 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. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD av ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this LAay of , A.D. 20_L. f � l- MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this �/ty of , A.D. 20 . Attest: CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- LEGAL DESCRIPTION WHAT PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 45 IN FOX RIVER GARDENS SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53912;THENCE NORTH 20 DEGREES 10 MINUTES 33 SECONDS EAST ALONG THE WESTERLY LINE OF SAID FOX RIVER GARDENS SUBDIVISION,A DISTANCE OF 1131.36 FEET TO THE SOUTHEASTERLY CORNER OF WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID WACKERLIN'S SECOND SUBDIVISION,A DISTANCE OF 984.29 FEET TO THE SOUTHEASTERLY CORNER OF LOT 3 IN SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 18 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHERLY LINE OF TUMA ROAD,DEDICATED BY PLAT OF SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID TUMA ROAD,A DISTANCE OF 66.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 3;THENCE SOUTH 18 DEGREES 00 MINUTES 44 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST,A DISTANCE OF 509.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID WACKERLIN'S SECOND SUBDIVISION; THENCE SOUTH 49 DEGREES 20 MINUTES 16 SECONDS WEST,A DISTANCE OF 482.43 FEET;THENCE NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST,A DISTANCE OF 507.28 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE,A DISTANCE OF 6.16 FEET TO THE SOUTHERLY LINE OF U.S.ROUTE 34 AS OCCUPIED;THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1480.00 FEET, SUBTENDING A CHORD BEARING SOUTH 73 DEGREES 38 MINUTES 06 SECONDS WEST,AN ARC DISTANCE OF 563.53 FEET;THENCE SOUTH 00 DEGREES 33 MINUTES 12 SECONDS EAST, A DISTANCE OF 322.37 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES ?2 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 82.37 FEET TO THE )UTHWESTERLY CORNER OF LOT 1 IN NELLIE BRANDT SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 21, 1972 AS DOCUMENT R72-2786;THENCE SOUTH 43 DEGREES 22 MINUTES 54 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID SUBDIVISION,A DISTANCE OF 228.55 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST,A DISTANCE OF 191.67 FEET; THENCE SOUTH 63 DEGREES 25 MINUTES 55 SECONDS WEST,A DISTANCE OF 59.09 FEET;THENCE SOUTH 45 DEGREES 05 MINUTES 09 SECONDS WEST,A DISTANCE OF 198.33 FEET;THENCE SOUTH 46 DEGREES 01 MINUTE 28 SECONDS WEST,A DISTANCE OF 104.90 FEET;THENCE SOUTH 76 DEGREES 58 MINUTES 10 SECONDS WEST,A DISTANCE OF 342.07 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES 22 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 68.12 FEET;THENCE SOUTH 04 DEGREES 31 MINUTES 30 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 604.92 FEET;THENCE SOUTH 81 DEGREES 05 MINUTES 30 SECONDS EAST,A DISTANCE OF 1655.09 FEET; THENCE NORTH 05 DEGREES 17 MINUTES 55 SECONDS EAST,A DISTANCE OF 741.35 FEET;THENCE SOUTH 76 DEGREES 21 MINUTES 36 SECONDS EAST,A DISTANCE OF 1427.19 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PART OF TUMA ROAD LYING NORTHERLY OF AND COINCIDENT WITH LOT 3 IN WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050. TOGETHER WITH: THAT PART OF U.S.ROUTE 34 LYING NORTHWESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND. TOGETHER WITH: THAT PART OF MCHUGH ROAD LYING NORTHERLY AND WESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND EXCEPT ANY PART THEREOF PREVIOUSLY ANNEXED. i20()!i i0(6o8G Filed for Record it KENDALL C[)UNJI-r, ILLINOIS PAUL ANDERSON Revised August 17, 2001 ;, i-._,i_ < i At CONSLNT ia.w STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) HEARTLAND SUBDIVISION CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA NOW COMES,OAK BROOK BANK,AS TRUSTEE UNDER TRUST#3175,the Owner of 100%of the real property,and RICHARD MARKER ASSOCIATES,INC.,the Developer of the real property of Heartland Subdivision who do 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 waive notice and consent 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 Owners and their successors, heirs, and assigns. -1- Wh Awhu"rt M 01(G1,0N4 by VK "C" BANX, ne DOTOrAly VA WW4 as T-veae, 98 B r3 OWNER: DEVELOPER: OAK BROOK BANK, A TRUSTEE RICHARD MARKER ASSOCIATES, INC. UNDER T i IST 31 BY BY: Richa"ark r,,, id t Attest: Attest: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -2- r ' LEGAL DESCRIPTION i'HAT PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 45 IN FOX RIVER GARDENS SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53912;THENCE NORTH 20 DEGREES 10 MINUTES 33 SECONDS EAST ALONG THE WESTERLY LINE OF SAID FOX RIVER GARDENS SUBDIVISION,A DISTANCE OF 1131.36 FEET TO THE SOUTHEASTERLY CORNER OF WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID WACKERLIN'S SECOND SUBDIVISION,A DISTANCE OF 984.29 FEET TO THE SOUTHEASTERLY CORNER OF LOT 3 IN SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 18 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHERLY LINE OF TUMA ROAD,DEDICATED BY PLAT OF SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID TUMA ROAD,A DISTANCE OF 66.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 3;THENCE SOUTH 18 DEGREES 00 MINUTES 44 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST,A DISTANCE OF 509.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID WACKERLIN'S SECOND SUBDIVISION; THENCE SOUTH 49 DEGREES 20 MINUTES 16 SECONDS WEST,A DISTANCE OF 482.43 FEET;THENCE NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST,A DISTANCE OF 507.28 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE,A DISTANCE OF 6.16 FEET TO THE SOUTHERLY LINE OF U.S.ROUTE 34 AS OCCUPIED;THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1480.00 FEET, SUBTENDING A CHORD BEARING SOUTH 73 DEGREES 38 MINUTES 06 SECONDS WEST,AN ARC DISTANCE OF 563.53 FEET;THENCE SOUTH 00 DEGREES 33 MINUTES 12 SECONDS EAST, A DISTANCE OF 322.37 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES 22 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 82.37 FEET TO THE -)UTHWESTERLY CORNER OF LOT 1 IN NELLIE BRANDT SUBDIVISION,ACCORDING TO THE PLAT THEREOF _.ECORDED JUNE 21, 1972 AS DOCUMENT R72-2786;THENCE SOUTH 43 DEGREES 22 MINUTES 54 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID SUBDIVISION,A DISTANCE OF 228.55 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST,A DISTANCE OF 191.67 FEET; THENCE SOUTH 63 DEGREES 25 MINUTES 55 SECONDS WEST,A DISTANCE OF 59.09 FEET;THENCE SOUTH 45 DEGREES 05 MINUTES 09 SECONDS WEST,A DISTANCE OF 198.33 FEET;THENCE SOUTH 46 DEGREES O1 MINUTE 28 SECONDS WEST,A DISTANCE OF 104.90 FEET;THENCE SOUTH 76 DEGREES 58 MINUTES 10 SECONDS WEST,A DISTANCE OF 342.07 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES 22 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 68.12 FEET;THENCE SOUTH 04 DEGREES 31 MINUTES 30 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 604.92 FEET;THENCE SOUTH 81 DEGREES 05 MINUTES 30 SECONDS EAST,A DISTANCE OF 1655.09 FEET;THENCE NORTH 05 DEGREES 17 MINUTES 55 SECONDS EAST,A DISTANCE OF 741.35 FEET;THENCE SOUTH 76 DEGREES 21 MINUTES 36 SECONDS EAST,A DISTANCE OF 1427.19 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PART OF TUMA ROAD LYING NORTHERLY OF AND COINCIDENT WITH LOT 3 IN WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050. TOGETHER WITH: THAT PART OF U.S.ROUTE 34 LYING NORTHWESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND. TOGETHER WITH: THAT PART OF MCHUGH ROAD LYING NORTHERLY AND WESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND EXCEPT ANY PART THEREOF PREVIOUSLY ANNEXED.