Ordinance 2000-57 100012505
ed for Record in
htNDALL COUNTY, ILLINOIS
PAUL ANDERSON
October 11, 2000 07-1E-2001 At 09:09 am.
ORDER 19. 00
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
ORDINANCE 2000- �
AN ORDINANCE ESTABLISHING SPECIAL
TAX SERVICE AREA NUMBER 2000 �(J FOR
CANNONBALL ESTATES SUBDIVISION
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 2000-6� for Cannonball Estates
Subdivision",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 Cannonball Estates Subdivision,
as well as any other common areas designated in the Declaration of Covenants and Restrictions dated
and Final Plats of the Cannonball Estates Subdivision,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 property values within the
Cannonball Estates Subdivision as described in the attached Exhibit"A".
-2-
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.
PAUL JAMES DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURR ROSE SPEARS fW
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
2�&day of A.D. 20;;) .
4C 4-1
MAYOR
-3-
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
any of , A.D. 2C�.
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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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.
01`507
Fi, - for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
07-16-2001 At 09:09 AM.
STATE OF ILLINOIS ) CONSENT 18. 00
) SS.
COUNTY OF KENDALL )
CANNONBALL ESTATES SUBDIVISION
CONSENT TO CREATION OF SPECIAL SERVICE TAX AREA
NOW COMES,ALAN DALE FARMS&DEVELOPMENT CORPORATION,the Owner
of 100%of the real property of Cannonball Estates Subdivision 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 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 Owner and its successors,heirs,and assigns.
ALAN DALE FARMS &DEVELOPMENT
CORPORATION
BY: Zan
Signed and sworn to before me
Prepared by:
2000 Law Offices of Daniel J. Kramer
1107A S. Bridge St.
tLISA t Yorkville, IL 60560
( , 630.55 3.9500
1
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.