Ordinance 2000-21 Revised May 4, 2000
STATE OF ILLINOIS ) t
ss.
COUNTY OF KENDALL
ORDINANCE NO. 2000- .4
ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2000- FOR
SUNFLOWER ESTATES SUBDIVISION PHASE 2
NOW COMES,AMERICAN NATIONAL BANK&TRUST COMPANY OF CHICAGO
AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 26, 1991 KNOWN AS TRUST
#114442-05,"OWNER"of SUNFLOWER ESTATES SUBDIVISION PHASE 2,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,AMERICAN NATIONAL BANK&TRUST COMPANY OF CHICAGO AS
TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 26, 1991 KNOWN AS TRUST
#114442-05, OWNER, wishes to provide additional security to the UNITED CITY OF
YORKVILLE for purposes of guaranteeing unique and special municipal services to the
SUNFLOWER ESTATES SUBDIVISION PHASE 2 and to provide a back-Lip 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
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WHEREAS, the owner.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
WHEREAS, the Declaration of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners Association of the SUNFLOWER
ESTATES SUBDIVISION PHASE 2 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 SUNFLOWER
ESTATES SUBDIVISION PHASE 2 and if the Homeowners Association of the SUNFLOWER
ESTATES SUBDIVISION PHASE 2 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 SUNFLOWER ESTATES SUBDIVISION
PHASE 2 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 UT,TITED 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
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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
SUNFLOWER ESTATES SUBDIVISION PHASE 2 covering all platted lots within said
SUBDIVISION, known as "SUNFLOWER ESTATES SUBDIVISION PHASE 2".
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 Sunflower Estates Homeowners Association
Phase 2 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 SUNFLOWER ESTATES SUBDIVISION PHASE
2 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.
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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 SUNFLOWER ESTATES SUBDIVISION
PHASE 2; 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 Vi
VALERIE BURD ROSE SPEARS
LARRY KUT THOMAS SOWINSKI
(� APPROVED by me,aP
ayor of the United City of Yorkville,Kendall County,Illinois,this
Ji�ay of !? , A.D. 20 .
MAYOR
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-PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
r
day of , A.D. 20CJ .
Attest:
CITY CLERK
Prepared by and return to:
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 South Half of Section 5, Township 36 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois; thence South 14'10'22" East along the
West line of said Phase 1 extended 842.49 feet; thence North 87°56'25" East 760.86 feet; thence
South 02°03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius
of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route
No. 71; thence South 03°17'01" East along a line radial to said northerly right-of-way line 65.0
feet to the center line of said Illinois State Route No. 71; thence easterly along said center line
107.98 feet; thence North 02°03'35" West 511.60 feet; thence North 87°56'25" East 341.81 feet;
thence North 02°03'35" West 150.0 feet; thence North 87°56'25" East 30.0 feet; thence North
02°03'35" West 66.0 feet; thence South 87°56'25" West 35.62 feet; thence North 01'44'07"
West 170.28 feet; thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0
feet, thence South 87°56'25" West 66.0 feet; thence South 02°03'35" East 50.27 feet; thence
South 87°56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast
corner of Lot 83 of said Sunflower Estates; thence South 88°39'12" West along the South line of
Lot 83, 152.28 feet to the Southwest corner thereof, thence South 01°20'48" East 30.0 feet;
thence South 88'39'12" West 66.0 feet; thence North 01°20'48" West 38.63 feet to the Southeast
corner of Lot 67 of said Sunflower Estates; thence South 88°39'12" West along the South line of
said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest
corner of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet
which is radial to a line drawn South 78°45'40" West from the last described point, an arc
distance of 38.01 feet; thence South 85°43'10" West 66.0 feet; thence northerly along a
concentric curve to the left, having a radius of 247.0 feet, an arc distance of 30.0 feet; thence
South 78°45'40" West 148.24 feet; thence South 00°24'56" East 146.93 feet; thence South
89'35'04" West 182.89 feet to the point of beginning in the United City of Yorkville, Kendall
County, Illinois.
STATE OF ILLINOIS
—jv;
)ss.
COUNTY OF KENDALL
SUNFLOWER ESTATES SUBDIVISION PHASE 2
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
STATE OF ILLINOIS ) April 26, 2000
) SS. Revised May 4, 2000
COUNTY OF KENDALL )
SUNFLOWER ESTATES SUBDIVISION PHASE 2
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
LaSalle an ationa Association,
NOW AN NATIONAL BANK&TRUST COMPANY OF CHICAGO
AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 26, 1991 KNOWN AS TRUST
#114442-05,the Owner of 100%of the real property of Sunflower Estates Subdivision Phase 2 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.
LaSalle 9an4-,National Association,
AMERICAN NATIONAL BANK & TRUST
COMPANY OF CHICAGO AS TRUSTEE UNDER
TRUST AGREEMENT DATED AUGUST 26, 199 i
KNOWN AS TRUST#114442-05
BY:
t�ro�
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
T
Yorkville, Illinois 60560 r r, ,•�:::ch
h
630.553.9500 C. in
-1-
i
LEGAL DESCRIPTION
That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois; thence South 14'10'22" East along the
West line of said Phase 1 extended 842.49 feet; thence North 87°56'25" East 760.86 feet; thence
South 02°03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius
of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route
No. 71; thence South 03'17'01" East along a line radial to said northerly right-of-way line 65.0
feet to the center line of said Illinois State Route No. 71; thence easterly along said center line
107.98 feet; thence North 02°03'35" West 511.60 feet; thence North 87°56'25" East 341.81 feet;
thence North 02°03'35" West 150.0 feet; thence North 87°56'25" East 30.0 feet; thence North
02°03'35" West 66.0 feet; thence South 87°56'25" West 35.62 feet; thence North 01'44'07"
West 170.28 feet; thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0
feet, thence South 87°56'25" West 66.0 feet; thence South 02°03'35" East 50.27 feet; thence
South 87°56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast
corner of Lot 83 of said Sunflower Estates; thence South 88°39'12" West along the South line of
Lot 83, 152.28 feet to the Southwest corner thereof; thence South 01°20'48" East 30.0 feet;
thence South 88'39'12" West 66.0 feet; thence North 01°20'48" West 38.63 feet to the Southeast
corner of Lot 67 of said Sunflower Estates; thence South 88'39'12" West along the South line of
said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest
corner of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet
which is radial to a line drawn South 78°45'40" West from the last described point, an arc
distance of 38.01 feet; thence South 85'43'10" West 66.0 feet; thence northerly along a
concentric curve to the left, having a radius of 247.0 feet, an arc distance of 30.0 feet; thence
South 78°45'40" West 148.24 feet; thence South 00°24'56" East 146.93 feet; thence South
89°35'04" West 182.89 feet to the point of beginning in the United City of Yorkville, Kendall
County, Illinois.