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Ordinance 2000-56 2d for Record in {itrvDALL COUNTY, ILLINOIS PAUL ANDERSON October 11, 2000 07-16-2001 At 09:09 AM. ORDER 20. 00 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE NO. 2000---5--6 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2000-C -3 OR CANNONBALL ESTATES SUBDIVISION NOW COMES,ALAN DALE FARMS&DEVELOPMENT CORPORATION,"OWNER" of CANNONBALL 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, ALAN DALE FARMS & DEVELOPMENT CORPORATION, OWNER, wishes to provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the CANNONBALL 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 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 -1- r 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 CANNONBALL 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 CANNONBALL ESTATES SUBDIVISION and if the Homeowners Association of the CANNONBALL 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 CANNONBALL 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: -2- SECTION I That a Special Tax Service Area is created for the above-stated purposes in the CANNONBALL ESTATES SUBDIVISION covering all platted lots within said SUBDIVISION, known as "CANNONBALL 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 Cannonball 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 CANNONBALL 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. -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 CANNONBALL 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 DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS v LARRY KOT THOMAS SOWINSKI -4- APPROV b me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 20 4�,. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this i ay of ;A.D. 20 dJ. Attes �P CITY CLE Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -5- LEGAL DESCRIPTION Commencing at the Northwest corner of Oak Knolls Subdivision; thence North 22°13'29" East along the center line of Cut-Off Road, 746.59 feet(this point hereinafter referred to as point A); thence North 63'17'14" West, 441.97 feet; thence North 29'57'14" West, 65.90 feet; thence North 08°46'46" East, 138.82 feet for a point of beginning; thence North 82°38'28" West along a line which extended intersects the West line of the Southwest Quarter of said Section 20, 147.18 feet southerly of the Northwest corner of said Southwest Quarter, 773.17 feet to a point which is 1885.72 feet, as measured along said extended line, easterly of said West line; thence North 04°21'17" East, 1549.95 feet to the center line of Faxon Road; thence South 80°35'51" East along said center line, 1928.17 feet to the center line of Cut-Off Road; thence South 26°48'57" West along said Cut-Off Road center line, 1563.73 feet to a point which is 356.10 feet, as measured along said center line, northerly of point A aforesaid; thence North 83'07'22" West, 551.70 feet to the point of beginning in Bristol Township, Kendall County, Illinois, and containing 56.607 acres.