Ordinance 2006-025 I i
ORDINANCE NO. 2006-25
AN ORDINANCE ESTABLISHING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2005 -108
(AUTUMN CREEK)
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY; ILLINOIS, AS FOLLOWS:
Section 1. Authoritv. The United City of Yorkville (the "City ") is authorized,
pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to
the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27 -5 et sew,._ (the
"Act "), to establish special service areas for the provision of special services in portions of the
City and to levy or impose a special tax and to issue bonds for the provision of such special
services.
Section 2. Findines.
(a) The question of establishment of the area hereinafter described as a special
service area (the "Area ") was considered by the City Council of the City pursuant to "An
Ordinance Proposing the Establishment of Special Service Area Number 2005 -108 In the United
City of Yorkville and Providing for Other Procedures in Connection Therewith," being
Ordinance No. 2005 -100, adopted on December 27, 2005. The establishment of the Area was
considered at a public hearing commenced January 24, 2006. Said hearing was held pursuant to
notice duly published in The Beacon News. a newspaper of general circulation within the City,
on January 9, 2006, which was at least fifteen (15) days prior to the hearing, and the Kendall
Countv Resister on January 12, 2006 and also pursuant to notice by mail addressed to the person
or persons in whose name the general taxes for the last preceding year were paid on each lot,
block, tract or parcel of land lying within the Area. Said notice by mail was given by depositing
said notice in the United States mail not less than ten (10) days prior to the date set for the public
hearing. In the event taxes for the last preceding year were not paid, said notice was sent to the
person last listed on the tax rolls prior to that year as the owner of said property. A certificate of
publication of notice and evidence of mailing of notice are attached to this Ordinance as Exhibit
A and Exhibit B, respectively. Said notices conform in all respects to the requirements of the
Act and City Ordinance.
(b) A public hearing on the questions set forth in said notices was commenced
on January 24, 2006, and finally adjourned on January 24, 2006. All interested persons were
given an opportunity to be heard on the question of the issuance of bonds to finance a part of the
cost of new construction of special services including, but not limited to, engineering, soil testing
and appurtenant work, mass grading and demolition, storm water management facilities, storm
drainage systems and storm sewers, site clearing and tree removal, public water facilities,
sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting,
traffic controls, sidewalks, bicycle paths, park improvements and related street improvements,
and equipment and materials necessary for the maintenance thereof, landscaping, wetland
mitigation and tree installation, costs for land and easement acquisition relating to any of the
CHI2_591982.4
i
foregoing improvements, required tap -on fees and related fees for water or sanitary sewer
services and other eligible costs (collectively, the "Improvements "), on the question of the
conditions for participating in the Area as more particularly set forth herein, and on the question
of the retirement of said bonds as due from time to time by a levy of a tax on taxable real
property within the Area.
(c) After considering the data as presented to the City Council of the City and
at the public hearing, the City Council of the City finds that it is in the best interests of the City
and of the residents and property owners of the United City of Yorkville Special Service Area
Number 2005 -108 that said special service area, as hereinafter described, be established.
(d) There are no electors residing within the Area. All owners of record of all
taxable property lying within the Area have agreed to consent to the creation of the Area and the
manner of levying a special tax as herein described by executing the Declaration of Consent and
Waiver attached as Exhibit C hereto, and by this reference made a part hereof.
(e) Said special service area is compact and contiguous as required by the
Act.
(f) An annual special tax based upon a special tax roll levied against each lot
and each parcel of real property in the Area as herein described does not exceed the tax rate or
method proposed in the notice of public hearing referred to herein and such special tax, taking
into account the direct and indirect special service benefits to current and future owners of
property within the Area, bears a rational relationship between the amount of tax levied against
each lot, block, tract and parcel of land in the Area and the special service benefit conferred.
(g) It is in the best interests of the City that the Area be created for the
financing of the Improvements within the Area, that the Improvements be financed by the sale of
one or more series of bonds, and that taxes be levied on Taxable Property within the Area to
retire the bonds and to cover costs and expenses connected with the financing of the
Improvements within the Area and the administration of the Area.
(h) It is in the best interests of the United City of Yorkville Special Service
Area Number 2005 -108 that the furnishing of the Improvements proposed be considered for the
common interests of said Area and that said special service area will benefit specially from the
Improvements.
Section 3. United City of Yorkville Special Service Area Number 2005 -108
Established. A Special Service Area Number 2005 -108 to be known and designated as "United
City of Yorkville Special Service Area Number 2005 -108" is hereby established and shall
consist of the contiguous territory legally described and containing the permanent tax index
numbers set forth in Exhibit D hereto, and outlined on the map of a portion of the City attached
as Exhibit E hereto, which description and map are by this reference incorporated herein and
made a part hereof.
Section 4. Purpose of Area. United City of Yorkville Special Service Area Number
2005 -108 is established to provide special services to the Area, consisting of the Improvements,
which are in addition to services provided in the City generally. United City of Yorkville
CHI2_591982.4
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Special Service Area Number 2005 -108 is also created so that one or more series of bonds may
be issued for the purposes aforesaid, payable from taxes levied on real property in the Area in
accordance with the special tax roll established by this Ordinance. Principal of and interest on
such bonds, together with administrative costs relating to the bonds, the collection of the taxes
and the administration of the Area shall be paid by the taxes to be levied in accordance with the
special tax roll described below. Such taxes shall be levied in addition to all other City taxes so
levied, provided no bonds, other than refunding bonds, shall be issued in excess of the principal
amount of $15,500,000 or at an interest rate to exceed the greater of nine percent (9 %) per
annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average
municipal bond yields as published in the most recent edition of The Bond Buyer, published in
New York, New York, at the time the contract is made for the sale of said bonds and said bonds
shall mature within thirty (30) years from their date.
i
Section 5. Soecial Tax Roll for Bond Retirement. In lieu of an ad valorem tax to be
levied and extended for the payment of principal of and interest on any bonds issued on behalf of
the Area, a special tax roll shall be established for levying and extending taxes for the payment
of principal of and interest on and administrative expenses incurred in connection with any bonds
issued for the purposes set forth in Section 4 hereof and the administration and maintenance of
the Area. The manner of imposition of the taxes and description of the special tax roll shall be as
set forth in the United City of Yorkville Special Service Area Number 2005 -108 Special Tax
Roll and Report (such Report together with all exhibits thereto is hereinafter referred to as the
"Special Tax Report ") prepared by David Taussig & Associates, Inc. on behalf of the City
attached hereto as Exhibit F. incorporated herein and made a part hereof. The Special Tax
Report may be. amended by Ordinance of the City and, to the extent permitted by the Act and
subject to the limitations of the Act, may be amended without further notice to owners of
property within the Area provided any such amendment shall not be in violation of any other
agreements of the City. There is hereby delegated to the Mayor the authority to make any
necessary modifications to the Special Tax Report to increase or decrease the estimated cost of
public improvements to be funded by the Special Service Area among the various line items set
forth in Table I included in Section IV.B of the Special Tax Report, provided the total
authorized amount of public improvement costs to be funded by the Special Service Area shall
not be increased. Any such modification shall be approved by the Mayor in a Written
Determination executed by the Mayor and filed with the Recorder of Deeds of Kendall County
without the necessity of any Ordinance amending this Ordinance or approving such
modification.
Section 6. Supersede Conflicting Ordinance. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 7. Effective Date. This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
CHI2_591982.4
-3-
PASSED by the City Council of the City this day of , 2006.
Voting Aye (list names):
Voting Nay (list names):
Abstaining (list names):
Absent (list names):
! City C rk
SIGNED by the Mayor this day of , 2006.
Mayor
ATTEST:
I
y Clem
Published in pamphlet form , 2006.
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CHI2_591982.4
-4-
Exhibit A
To
Establishing Ordinance
Publisher's Certificate
CHI2_591982.4
NOTICE OF NEAAMG BEU NINti; I HtIW t 511111 H 52 DEGREES 08 MINUTES
UNITED CITY OFYOpKYRLIE 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38
SPECIAL SERVICE AREA NUMBER 2005.108 DEGREES 06 MINUTES 00 SECONDS WEST, 1,800.88
AUTUMN CREEK FEET TO THE CENTER LINE OF KENNEDY ROAD;
NOTICE IS HEREBY GIVEN that on January 24, 2006 at 7:00 THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
p.m. at the Yorkville City Hall, 800 Game Farm Road, Ybrkvfite, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTH-
Illinois, a hearing will be held by the United City of Yorkville 10 WESTERLY OF, AS MEASURED ALONG SAID CENTER
consider forming a special service area, to be called - United LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE
City of Yorkville Special Service Area Number 2005.108 SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MIN -
AW% 0' Creek; consisting of the terilory leg Iy described in UTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE
Exhibit 1 to Ibis Notice. The permanent tax number of DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS
each parcel bcaled within the proposed special service area EAST DEGREES 5 POINT TOF BEGINNING; 7 C WEST 7
The approximate s OUrH
is napped in such ree l lO this the Notice. depicted FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWN.
street bcation a th area generally dhtp'
on the map d a portion of the City, which map is attached as SHIP, KENDALL COUNTY, ILLINOIS.
Exhibil 2 to this Notice. PARCEL 2:
The general purpose of the formation of the Untied City of THAT PART OF THE SOUTH HALF OF SECTION 15 AND
Yorkville Special Service Area Number 2005.108 Autumn THAT PART OF THE NORTH HALF OF SECTION 22, TOWN•
Creek is to provide for new contrition of special municipal SHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PFI NCI -
services to the area which may include: engineering, sot test- PAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING
ing and appurtenant work, mass grading and demolition, AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
storm water management facilities, storm drainage systems SUBDIVISION. AS PER THE PLAT THEREOF FILED FOR
and storm sewers, site deamy and tree removal, public water RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT
Facilities, sanitary sewer Facilities, erosion control measures, PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY
roads, streets, curbs, gutters, street lighting, traffic controls, ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVI•
sidewalks, bicycle paths and related street Improvements, SION 198&0 FEET TO THE NORTHEASTERLY CORNEA
park improvements and equipnnerht and materials necessary OF SAID SUBDIVISION: THENCE NORTHWESTERLY
for the maintenance thered, landscaping, wetland m'digation ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13
and bee installation, costs for lard and easement acqui itions MINUTES 25 SECONDS MEASURED COUNTER- CLOCK•
relating to any of the foregoing improvements, required tap-on WISE FROM THE LAST DESCRIBED COURSE, A DIS-
and related fees for water or sanitary sewer services and other TANCE OF 695.02 FEET TO AN EXISTING IRON PIPE
eligible costs, STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE
There w41 soal be considered at the hearing the lolfowtng FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MIN -
atemative methods of financing Improvements within the pro- UTES 28 SECONDS WITH THE LAST DESCRIBED
POW special service area: (n) the levy of a tax by the City in COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS)
the proposed special service area, sufficient to produce rev- TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE
enues a pro„ide special municipal services to the proposed SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE
special service area; the maxi um rate of such taxes 10 be OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124
extended in arty year within the proposed special service area DEGREES 23 MINUTES 38 SECONDS WITH THE LAST
which shall not exceed the amount necessary to produce a DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO
maxirnum annual tax " d $1,700,000 In accordance with AN EXISTING IRON PIPE STAKE ON THE CENTER LINE
the special tax rot referred to bekiK and (i) the issuancce of OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTH.
special lax bards in one or more series, In an aggregate pan- EASTERLY FROM THE POINT OF BEGINNING, AS MFA-
cipal amount riot to exceed E15,500,000 at an interest rate of SURED ALONG SAID CENTER LINE: THENCE SOUTH -
rat to exceed the greater of nine percent (9%) per annum or WESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO
125 %d the rate for the most mcenl date shown In the 20 G.O. THE POINT OF BEGINNING, IN THE TOWNSHIP OF KRIS -
Bonds Index of average municipal bond yields as published in TOL KENDALL COUNTY, ILLINOIS.
the most recent edition o f The Bond Buyer, published in New PARCEL T.
York New York, at the time the contract is made for the sale of THAT PART OF THE NORTH HALF OF SECTION 22,
tla bonds, and to mature within thirty (30) years from the dale TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
of ta'e Issuance. The bands, t issued, L ye be retired by the PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
levy d an amual lax eslafAisheerl pursuant to a special lax rot BEGINNING AT THE SOUTHEASTERLY CORNER OF
to pay the interest on such bads as 8 falls due and to d's- BRISTOL LAKE SUBDIVISION AS PER THE PLAT THERE-
char 1e the principal thereof at maturity and to pay the costs of OF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
adrtwhk,ration and maintenance of the special service area, BOOK 10 AT PAGE 58 ON MAY 10, 1982; THENCE NORTH•
said tax to be levied upon all taxable property within the pro- EASTERLY ALONG THE CENTER LINE OF KENNEDY
posed special service area. II Bonds are issued, the City shall ROAD. WHICH MAKES AN ANGLE OF 88 DEGREES 58
be responsible for the maintenance of the spectral services MINUTES 47 SECONDS WITH THE NORTHEASTERLY
after the maturity of the Bads LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE
At the hearing, all interested persons affected by the formation THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
of such special service area, it"rhg al persons owning tax- SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCU-
able real estate therein, may file miltm objections 10 and be PATION FORMING AN INTERIOR ANGLE OF 94 DEGREES
heard orally regarding the formation of and One boundaries of 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED
hie special service area, the issuance of bonds and the levy of COURSE, A DISTANCE OF 1228.39 FEET: THENCE
taxes aflecling the area. The hearing may be adiourned by the SOUTHWESTERLY PARALLEL WT H THE AFORESAID
City Council wit1W further notice other than a motion to he CENTER LINE OF KENNEDY ROAD, 134857; THENCE
entered upon the m'nutes of its meeting fang the time and NORTHWESTERLY ALONG A LINE FORMING AN INTERI-
place of its adpurnment. OR ANGLE OF Be DEGREES 37 MINUTES 37 SECONDS
If a petition signed by al least 51 %of the electors residing with- WITH THE LAST DESCRIBED COURSE A DISTANCE OF
in the Unted City of Yorkvhlie Special Service Area Number 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY
2005 -108 Autumn Creek and by at least 51 %of the owners of LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS
record of the land included within the bo daiies of the United 0.46 FEET SOUTHWESTERLY FROM THE POINT OF
City of Yorkville Special service Area Number 2005.108 BEGINNING; THENCE NORTHEASTERLY ALONG SAID
Artinn Creek is fled with the City perk of the United City of SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF
Yorkville within 60 days following the final adoummert of the BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
public hearing objecting to the creation of the special service COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT
area, the Issuance of bonds for the provision of special servic- LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED
es to the area or the levy of Woes affecting the area, no such RECORDED AS DOCUMENT NUMBER R115.5973,
area may be created and m such bonds may be issued or DESCRIBED AS FOLLOWS: THAT PART OF THE NORTH -
taxes levied or imposed. WEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH,
RANGE 7, FAST OF THE THIRD PRINCIPAL MERIDIAN
Exhibit 1 to Notice DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH -
Legal Description of Property EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION;
PARCELI: THENCE NORTHEASTERLY ALONG THE CENTER LINE
THAT PART OF THE WEST HALF OF SECTION 22, TOWN- OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEAST-
SHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCI- ERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
PAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENC- COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT
ING AT AN EXISTING IRON PIPE STAKE SAIDTO BE OVER RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
THE ORIGINAL LOCATION OF A STONE IN THE CENTER 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF
LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUS - LAND CONVEYED TO HERBERT L RUCKS BY A WAR -
LY DESCRIBED AS BEING 23.05 CHAINS WEST AND RANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149
NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
FROM THE SOUTHEAST CORNER OF SAID SECTION 22; EASTERLY LINE TO A POINT ON SAID CENTER LINE
THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT
WEST, ALONG A LINE FORMING AN ANGLE OF 93 OF BEGINNING;THENCE NORTHEASTERLY ALONG SAID
DEGREES 23 MINUTES 07 SECONDS WITH THE CEN- CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING,
TERUNE OF U.S. ROUTE 34, MEASURED FROM NORTI+ IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS).
FAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF PARCEL 4:
THAT PART OF SECTION 22. TOWNSHIP 37 NORTH, ANGLE WTTH THE LAST DESCRIBED COURSE OF o4
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEETTO AN
DESCRIBED AS FOLLOWS: COMMENCING AT THE EXISTING IRON PIPE STAKE SAID TO BE OVER THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVI. ORIGINAL LOCATION OF A STONE IN THE CENTER LINE
SION AS PER THE PLAT THEREOF FILED FOR RECORD OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PRE -
AS DOCUMENT 137M IN PLAT BOOK 10 AT PAGE 58 ON VIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST
MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE AND THENCE NORTH 35 DEGREES 30 MINUTES WEST
CENTER LINE OF KENNEDY ROAD WHICH MAKES AN 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID
ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES
THE NORTHEASTERLY LINE OF SAID SUBDIVISION, WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST
1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN
EXISTING LINE OF OCCUPATION FORMING AN INTERIOR SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE
ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH OF SAID ROUTE NO. 34 FROM THE POINT OF BEGIN -
THE LAST DESCRIBED COURSE, A DISTANCE OF NING; THENCE NORTHEASTERLY ALONG SAID PARAL-
1228.39 FEET: THENCE SOUTHWESTERLY PARALLEL LEL LINE FORMING AN INTERIOR ANGLE OF 86
WITH THE AFORESAID CENTER LINE OF KENNEDY DEGREES 36 MINUTES 53 SECONDS WITH THE LAST
ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; DESCRIBED COURSE 230124 FEET TO THE POINT OF
THENCE NORTHEASTERLY ALONG THE LAST BEGINNING, IN THE TOWNSHIP OF BRISTOL. KENDALL
DESCRIBED COURSE 1348.57 FEET TO THE PENULTI- COUNTY, IWNOIS.
MATE DESCRIBED POINT; THENCE SOUTHEASTERLY EXCEPTING THEREFROM THE FOLLOWING DESCRIBEC+
ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 PARCEL
DEGREES 54 MINUTES 43 SECONDS WITH THE LAST THATPARTOFTHE SOUTH HALF OF SECTION 22,TOWN-
DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; SHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCI-
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN PAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCG
INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SEC- ING AT THE SOUTHEAST. CORNER OF LOT 27, IN BRIS-
ONDS WITH THE LAST DESCRIBED COURSE (BEING A TOL LAKE SUBDIVISION, ACCORDING TD THE PLAT'
LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. THEREOF RECORDED AS DOCUMENT 137733 IN PLAT'
HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; BOOK 10, AT PAGE % ON MAY 10,1962; THENCE SOUTH
THENCE NORTHWESTERLY ALONG A LINE DRAWN 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00
NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT FEET TO THE CENTERLINE OF KENNEDY ROAD;
ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH THENCE NORTH 55 DEGREES 00 MINUTES 21 SECONDS
IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER EAST 299.54 FEET AS MEASURED ALONG SAID CEW
OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR TERUNE; THENCE SOUTH 34 DEGREES 59 MINUTES 39
ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH SECONDS EAST 287.11 FEET; THENCE SOUTH 5r i
THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET :
FEET, THENCE NORTHEASTERLY ALONG A LINE FORM- THENCE SOUTH 33 DEGREES 37 MINUTES 35 SECONDC ;
ING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES EAST 1,329.42 FEET; THENCE SOUTH 47 DEGREES 27'
44 SECONDS WITH THE LAST DESCRIBED COURSE MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE'
877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE POINT OF BEGINNING: THENCE SOUTH 34 DEGREES 46
FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 42 SECONDS EAST 65.00 FEET; THENCE
MINUTES 34 SECONDS WITH THE LAST DESCRIBED SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST
COURSE, A DISTANCE OF 39238 TO THE POINT OF 238.32 FEET; THENCE SOUTH 34 DEGREES 46 MINUTES
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL 42 SECONDS EAST 588.35 FEET TO THE NORTHERLY
COUNTY, ILLINOIS. RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT
PARCEL 5: DATED APRIL 13, 19M AND RECORDED APRIL 18, 1923
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, IN BOOK 76, PAGE 82, AND BY GRANT DATED APRIL 7,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, 1923 AND RECORDED APRIL 18, 1923 IN DEED
DESCRIBED AS FOLLOWS: COMMENCING AT THE RECORDED IN BOOK 76, PAGE 3W; THENCE SOUTH 55
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDM-. DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET
SION AS PER THE PLAT THEREOF FILED FOR RECORD AS MEASURED ALONG SAID RIGHT OF WAY LINE;
AS DOCUMENT 137733 IN PLAT 800K 10, PAGE 58 ON THENCE NORTH 38 DEGREES 09 MINUTES 48SECONDS .
MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE WEST 891.55 FEET, THENCE NORTH 55 DEGREES 13 !
CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE MINUTES 34. SECONDS EAST 1,080.56 FEET TO THE
OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE POINT OF BEGINNING, ALL IN KENDALL COUMY, ILU-
NORTHEASTERLY LINE OF SAID SUBDIVISION, MEA- NOIS -
SURED CLOCKWISE THEREFROM, A DISTANCE OF PINS:
1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD Parcel 1: 02.22- 176-004
EXISTING LINE OF OCCUPATION FORMING AN INTERIOR Parcel 2: 02.22. 127.001 and 02 -15- 378.001 I
ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH Parcel 3: 02 -22. 251-002
THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE Parcel 4: 02.22. 251-002
POINT OF BEGINNING; THENCE SOUTHEASTERLY Parcel 5: 02 -22. 400.001
ALONG THE PROLONGATION OF THE LAST DESCRIBED
COURSE 114251 FEET TO THE CENTER LINE OF U.S. E>vubA 2 to Notice
HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY Map of Proposed Special Service Area
ALONG SAID CENTER LINE FORMING AN INTERIOR
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Public Notice Exhibit I to Notice
Legal Description of Property
NOTICE OF HEARING OAACEL I:
UNITED CITY OF YORKVILLE THAT PART OF THE WEST HALF OF SECTION 22,
SPECIAL SERVICE AREA NUMBER 2005 -108 AUTUMN CREEK TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
NOTICE IS HEREBY GIVEN that on January 24,2006 at 7:00 P.m. PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE
hearing will be held by the United City of Yorkville to consider forming OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER
a special service area, to be called 'United City of Yorkville Special LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY
Service Area Number 2005 -108 Autumn Creek' consisting of the DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35
territory legally described in Exhibit I to this Notice. The permanent DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE
tax index number of each parcel located within the proposed special SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH
service area is included in such Exhibit I to this Notice. 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE
The approximate street location is the area generally depicted on FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07
the reap of a portion of the City, which map is attached as Exhibit 2 to SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34,
this Notice. MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60
The general purpose of the formation of the United City of Yorkville FEET FOR POINT OF BEGINNING; THENCE SOUTH 52
Special Service Area Number 2005.108 Autumn Creek is to provide DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET;
for new construction of special municipal services to the area which THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS
may include: engineering, soil testing and appurtenant work, mass WEST, 1,803.88 FEET'TO THE CENTER LINE OF KENNEDY
grading and demolition, storm water management facilities, storm ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
drainage systems and storm sewers, site clearing, erosion control LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET
measures, roads, streets, curbs, gutters, street lighting, traffic SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER
controls, sidewalks, bicycle paths and related street improvements, LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE
park improvements and equipment and materials necessary for the SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40
maintenance thereof, landscaping, wetland mitigation and tree SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52
installation, costs for land and easement acquisitions relating to any of DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT
the foregoing improvements, required tap -on and related fees for OF BEGINNING: THENCE SOUTH 52 DEGREES 45 MINUTES 17
water or sanitary sewer services and other eligible costs. SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING,
There will also be considered at the hearing the following IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
alternative methods of financing improvements within the proposed PARCEL 2:
special service area: (1) the levy of a tax by the City in the proposed THAT PART OF THE SOUTH HALF OF SECTION 15 AND
special service area, sufficient to produce revenues to provide special THAT PART OF THE NORTH HALF OF SECTION 22,
municipal services to the proposed special service area; the TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
maximum rate of such taxes to be extended in any year within the PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
proposed special service area which shall not exceed the amount AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
necessary to produce a maximum annual tax levy of $1,700,000 in SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR
accordance with the special tax roll referred to below, and (ii) the RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58
issuance of special tax bonds in one or more series, in an aggregate ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE
principal amount not to exceed $15,500,000 at an interest rate of not to NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO
exceed the greater of nine percent (9 %) per annum or 125% of the THE NORTHEASTERLY CORNER OF SAID SUBDIVISION;
rate for the most recent date shown in the 20 G.O. Bonds Index of THENCE NORTHWESTERLY ALONG A LINE MAKING AN
average municipal bond yields as published in the most recent edition ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS
of The Bond Buyer, published in New York, New York, at the time the MEASURED COUNTER - CLOCKWISE FROM THE LAST
contract is made for the sale of the bonds, and to mature within thirty DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN
(30) years from the date of their issuance. The bonds, if issued, shall EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN
be refired by the levy of an annual tax established pursuant to a OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58
special tax roll to pay the interest on such bonds as it falls due and to DEGREES 15 MINUTES 28 SECONDS WITH THE LAST
discharge the principal thereof at maturity, and to pay the costs of DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68
administration and maintenance of the special service area, said tax CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED:
to be levied upon all taxable property within the proposed special THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED
service area. If Bonds are issued, the City shall be responsible for the LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124
maintenance of the special services after the maturity of the Bonds. DEGREES 23 MINUTES 38 SECONDS WITH THE LAST
At the hearing, all interested persons affected by the formation of DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN
such special service area, including all persons owning taxable real EXISTING IRON PIPE STAKE ON THE CENTERLINE OF
estate therein, may file written objections to and be heard orally KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY
regarding the formation of and the boundaries of the special service FROM THE POINT OF BEGINNING, AS MEASURED ALONG
areas, the issuance of bonds and the levy of taxes affecting the area. SAID CENTER THENCE SOUTHWESTERLY ALONG SAID
The hearing may be adjourned by the City Council without further CENTER LINE 1213.59 FEET TO THE BEGINNING. IN THE
notice other than a motion to be entered upon the minutes of its TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
meeting fixing the time and place of its adjournment. PARCEL 3:
If a petition signed by at least 51 %of the electors residing within the THAT PART OF THE NORTH HALF OF SECTION 22,
United City of Yorkville Special Service Area Number 2005 -108 TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
Autumn Creek and by at least 51 % of the owners of record of the land PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
included within the boundaries of the United City of Yorkville Special AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
Service Area Number 2005 -108 Autumn Creek is filed with the City SUBDIVISION AS PER THE PLAT THEREOF FILED FOR
Clerk of the United City of Yorkville within 60 days following the final RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58
adjournment of the public hearing objecting to the creation of the ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
special service area, the issuance of bonds for the provision of special CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE
services to the area or the levy of taxes affecting the area, no such OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE
area may be created and no such bonds may be issued or taxes NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
levied or imposed. CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET;
RECORD
Thursday, Jan. 12, 2006
THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF
OCCUPATION FORMING AN INTERIOR ANGLE OF 94
DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE
SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER
LINE OF KENNEDY ROAD, 1348.57 THENCE NORTHWESTERLY
ALONG A LINE FORMING AN INTERIOR ANGLE OF 88
DEGREES 37 MINUTES 37 SECONDS WITH THE LAST
DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A
POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE
SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM
THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT
OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND
CONVEYED TO KENNETH D. DOTY, JR,, IN DEED RECORDED
AS DOCUMENT NUMBER R85 -5973, DESCRIBED AS
FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL
LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD, 299.54 FEET, THENCE
SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 287.11 FEET; THENCE
SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE
OF A TRACT OF LAND CONVEYED TO HERBERT L RUCKS BY
A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149
ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS
0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46
FEET TO THE POINT OF BEGINNING. IN BRISTOL TOWNSHIP,
KENDALL COUNTY, ILLINOIS).
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH. RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEASTERLY
CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT
THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN
PLAT BOOK 10 AT PAGE 58 ON MAY 10,.1962; THENCE
NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY
ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES
47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID
SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A
DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN
OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR
ANGLE OF 94 DEGREES 64 MINUTES 43 SECONDS WITH THE
LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET;
THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID
CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE
POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG
THE LAST DESCRIBED COURSE 1348.57 FEET TO THE
PENULTIMATE DESCRIBED POINT; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE
LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN
INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS
WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN
PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE
34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY
ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES
WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID
SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE
SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE
FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES
07 SECONDS WITH THE LAST DESCRIBED COURSE) A
DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY
ALONG A LINE FORMING AN INTERIOR ANGLE OF 92
DEGREES 15 MINUTES 44 SECONDS WITH THE LAST
aonftiedon na dpage
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Thursday, Jan. 12, 2006
PUBLIC NOTICE
ham pv.tt s page
DESCRIBED COURSE 877.73 FEET, THENCE
NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS WITH THE
LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS.
PARCELS
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS; COMMENCING AT THE SOUTHEASTERLY
CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT
THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN
PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE
NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY
ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID
SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A
DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN
OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR
ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE
LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTHEASTERLY ALONG THE
PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51
FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34;
THENCE SOUTHWESTERLY ALONG SAID CENTER LINE
FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED
COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0
FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER
THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE
OF THE ORIGINAL BRISTOL AND OSWEGO ROAD
PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND
THENCE, NORTH 35 DEGREES 30 MINUTES WEST 11.02
CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION
22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG
A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23
MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE
1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL
WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE
POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG
SAID PARALLEL LINE FQRMING AN INTERIOR ANGLE OF 86
DEGREES 36 MINUTES 53 SECONDS WITH THE LAST
DESCRIBED COURSE 2301.24 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS. EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED PARCEL. THAT PART OF THE
SOUTH HALF OF SECTION 22, TOWNSHIP 37 NORTH. RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
LOT 27, IN BRISTOL LAKE SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED AS DOCUMENT 137733 IN PLAT
BOOK 10, AT PAGE 58, ON MAY 10. 1962; THENCE SOUTH 33
DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE
CENTERLINE, OF KENNEDY ROAD; THENCE NORTH 55
DEGREES 00 MINUTES 21 SECONDS EAST 299.54 FEET AS
MEASURED ALONG SAID CENTERLINE: THENCE SOUTH 34
DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET;
THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS
WEST 306.92 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES
35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47
DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO
THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 46
MINUTES 42 SECONDS EAST 65.00 FEET; THENCE SOUTH 27
DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET;
THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST
588.35 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF
U.S. ROUTE 34 PER GRANT DATED APRIL 13, 1923 AND
RECORDED APRIL 18,1923 IN BOOK 76, PAGE 82, AND BY
GRANT DATED RECORDED APRIL 7, 1923 AND RECORDED
APRIL 18, 1923 IN DEED RECORDED IN BOOK 76, PAGE 30;
THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS
WEST 997.93 FEET AS MEASURED ALONG SAID RIGHT OF
WAY LINE; THENCE NORTH 38 DEGREES 09.MINUTES 48
SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES
13 MINUTES 34 SECONDS EAST 1,080.56 FEET TO THE POINT
OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
PINS:
Parcel 1: 02 -22- 176-004
Parcel 2: 02- 22- 127-001 and 02 -15. 376-001
Parcel 3: 02-22- 251 -002
Parcel 4: 02-22-251.002
Parcel 5: 02 -22- 400.001
KCR -2 -1t
I
I
II I
I
CERTIFICATE
OF PUBL I CRTI ON
I, Jeffery A. Farren, do hereby certify that I am the publisher of
the Kendall County Record, a weekly secular newspaper of
general circulation, regularly published in the City of Yorkville,
in the County of Kendall and the State of Illinois; and I hereby
further certify that the notice a copy of which is attached
hereto, in the matter of
Public Notice - United City of Yorkville Special Service Area
number 2005 -108 Autumn Creek
was published once each week for 1 successive weeks in said
Newspaper, the first insertion being on the 12th day of January
2006, and the last insertion being on the 12th day of January
2006, and we further certify that the said Kendall County
Record was regularly published continuously for more than six
months in the City of Yorkville in said County, next preceding
the first publication of said notice, and that we are duly
authorized to make proof of matters published in the said
Kendall County Record.
I
Given under my hand and seal at Yorkville, Illinois this
12th day of January 2006
'... ......................
Publisher
The Kendall County Record is a newspaper as defined in Act -
Chapter 100, Sections 1 and 5, Illinois Revised Statues.
Exhibit B
To
Establishing Ordinance
Evidence of Mailing
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NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2005 -108 AUTUMN CREEK
NOTICE IS HEREBY GIVEN that on January 24, 2006 at 7:00 p.m. at the Yorkville
City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of
Yorkville to consider forming a special service area, to be called "United City of Yorkville
Special Service Area Number 2005 -108 Autumn Creek," consisting of the territory legally
described in Exhibit 1 to this Notice. The permanent tax index number of each parcel located
within the proposed special service area is included in such Exhibit 1 to this Notice. j
The approximate street location is the area generally depicted on the map of a portion of
the City, which map is attached as Exhibit 2 to this Notice.
The general purpose of the formation of the United City of Yorkville Special Service
Area Number 2005 -108 Autumn Creek is to provide for new construction of special municipal
services .to the area which may include: engineering, soil testing and appurtenant work, mass
grading and demolition, storm water management facilities, storm drainage systems and storm
sewers, site clearing and tree removal, public water facilities; sanitary sewer facilities, erosion
control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, bicycle
paths and related street improvements, park improvements and equipment and materials
necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation,
costs for land and easement acquisitions relating to any of the foregoing improvements, required
tap -on and related fees for water or sanitary sewer services and other eligible costs.
There will also be considered at the hearing the following alternative methods of
financing improvements within the proposed special service area: (i) the levy of a tax by the
City in the proposed special service area, sufficient to produce revenues to provide special
municipal services to the proposed special service area; the maximum rate of such taxes to be
extended in any year within the proposed special service area which shall not exceed the amount
necessary to produce a maximum annual tax levy of $1,700,000 in accordance with the special
tax roll'referred to below, and (ii) the issuance of special tax bonds in one or more series, in an
aggregate principal amount not to exceed $15,500,000 at an interest rate of not to exceed the
greater of nine percent (9 %) per annum or 125% of the rate for the most recent date shown in the
20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of
The Bond Buyer, published in New York, New York, at the time the contract is made for the sale
of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if
issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to
pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity
and to pay the costs of administration and maintenance of the special service area, said tax to.be
levied upon all taxable property within the proposed special service area. If Bonds are issued,
the City shall be responsible for the maintenance of the special services after the maturity of the
Bonds.
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'[1 FOLEY FOLEY & LARDNER UP
ATTORNEYS AT LAW
321 NORTH CLARK STREET
CHICAGO, IL 60610 -4764
312.832.4500 TEL
January 9, 2006 312.832.4700 FAX
www.foley.com
WRITER'S DIRECT LINE
312.832.4533
Ibilas®foley.com EMAIL
CLIENT /MATTER NUMBER
026079.0106
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Pulte Homes
2250 Point Boulevard, Suite 401
Elgin, Illinois 60123
Attention: David Carrier and Matthew Cudney
Re: United City of Yorkville, Kendall County, Illinois
Special Service Area Number 2005 -108 Special Tax Bonds,
Series 2006 (Autumn Creek Project)
Dear Gentlemen:
Enclosed please find the Notice of Hearing for the United City of Yorkville,
Kendall County, Illinois Special Service Area Number 2005 -108 Special Tax Bonds, Series 2006
(Autumn Creek Project) to be published in The Beacon News on January 9, 2006 and in the
Kendall Countv Record on January 12, 2006. This notice is being delivered to you as owner of
record of property to be included in the proposed special service area.
Very truly yours,
Laura L. Bilas
LLD /par
Enclosures
BOSTON JACKSONVILLE NEW YORK SAN DIEGO /DEL MAR TAMPA
BRUSSELS LOS ANGELES ORLANDO SAN FRANCISCO TOKYO
CHICAGO MADISON SACRAMENTO SILICON VALLEY WASHINGTON, D.C.
DETROIT MILWAUKEE SAN DIEGO TALLAHASSEE WEST PALM BEACH
CH12_606950.1
r
E_. FO L EY FOLEY i LARDNER LLP
ATTORNEYS AT LAW
321 NORTH CLARK STREET
CHICAGO, IL 60610••4764
312.832.4500 TEL
January 9, 2006 312.832.4700 FAX
www.foley.com
WRITER'S DIRECT LINE
312.832.4533
Ibllas &oley.eom EMAIL
CLIENT /MATTER NUMBER
026079.0106
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Richard J. Theidel
7200 South Madison Street
Willowbrook, Illinois 60527
Re: United City of Yorkville, Kendall County, Illinois
Special Service Area Number 2005 -108 Special Tax Bonds, -
Series 2006 (Autumn Creek Project)
Dear Mr. Theidel:
Enclosed please find the Notice of Hearing for the United City of Yorkville,
Kendall County, Illinois Special Service Area Number 2005 -108 Special Tax Bonds, Series 2006
(Autumn Creek Project) to be published in The Beacon News on January 9, 2006 and in the
Kendall Countv Record on January 12, 2006. This notice is being delivered to you as the last
person or persons in whose name the general taxes for the last preceding year were paid on each
property lying within the proposed special service area, all as required by the Special Service
Area Tax Law, 35ILCS 200/27 -30.
Very truly yours,
Laura L. Bilas
LLD /par
Enclosures
BOSTON JACKSONVILLE NEW YORK SAN DIEGO /DEL MAR TAMPA
BRUSSELS LOS ANGELES ORLANDO SAN FRANCISCO TOKYO
CHICAGO MADISON SACRAMENTO SILICON VALLEY WASHINGTON, D.C.
DETROIT MILWAUKEE SAN DIEGO TALLAHASSEE WEST PALM BEACH
CHI2 592864.1
U.S. Postal Service
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(Domestic A7, Only; No Insurance Coverage P r o vided)
U
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Return Receipt Fee Here
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dorsement Required)
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3 Total Postage $ Fees
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Street, Apf. N • or O box " ° "" °'-"
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C OMPLETE • • MPLETE THIS SECTION ON D ELIVERY
■ Complete.kems 1y Q and 3. Also complete A. Received by (Please Print Clearly) - B. Date of Delivery
Item 4 if Restritited Delivery is desired. _ la -13
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PS Form 381 July 1999 Domestic Return Receipt 102595.00- M•0952
i
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2005 -108 AUTUMN CREEK
NOTICE IS HEREBY GIVEN that on January 24, 2006 at 7:00 p.m. at the Yorkville
City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of
Yorkville to consider forming a special service area, to be called "United City of Yorkville
Special Service Area Number. 2005 -108 Autumn Creek," consisting of the territory legally
described in Exhibit 1 to this Notice. The permanent tax index number of each parcel located
within the proposed special service area is included in such Exhibit 1 to this Notice.
The approximate street location is the area generally depicted on the map of a portion of
the City, which map is attached as Exhibit 2 to this Notice.
The general purpose of the formation of the United City of Yorkville Special Service
Area Number 2005 -108 Autumn Creek is to provide for new construction of special municipal
services to the area which may include: engineering, soil testing and appurtenant-work, mass
grading and demolition, storm water management facilities, storm drainage systems and storm
sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion
control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, bicycle
paths and related street improvements, park improvements and equipment and materials
necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation,
costs for land and easement acquisitions relating to any of the foregoing improvements, required
tap -on and related fees for water or sanitary sewer services and other eligible costs.
There will also be considered at the hearing the following alternative methods of
financing improvements within the proposed special service area: (i) the levy of a tax by the
City in the proposed special service area, sufficient to produce revenues to provide special
municipal services to the proposed special service area; the maximum rate of such taxes to be
extended in any year within the proposed special service area which shall not exceed the amount
necessary to produce a maximum annual tax levy of $1,700,000 in accordance with the special
tax roll referred to below, and (ii) the issuance of special tax bonds in one or more series, in an
aggregate principal amount not to exceed $15,500,000 at an interest rate of not to exceed the
greater of nine percent (9 %) per annum or 125% of the rate for the most recent date shown in the
20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of
The Bond Buyer, published in New York, New York, at the time the contract is made for the sale
of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if
issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to
pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity
and to pay the costs of administration and maintenance of the special service area, said tax to be
levied upon all taxable property within the proposed special service area. If Bonds are issued,
the City shall be responsible for the maintenance of the special services after the maturity of the
Bonds.
CHI2 591858.3
At the hearing, all interested persons affected by the formation of such special service
area, including all persons owning taxable real estate therein, may file written objections to and
be heard orally regarding the formation of and the boundaries of the special service area, the
issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the
City Council without further notice other than a motion to be-entered upon the minutes of its
meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the United City of
Yorkville Special Service Area Number 2005 -108 Autumn Creek and by at least 51% of the
owners of record of the land included within the boundaries of the United City of Yorkville
Special Service Area Number 2005 -108 Autumn Creek is filed with the City Clerk of the United
City of Yorkville within 60 days following the final adjournment of the public hearing objecting
to the creation of the special service area, the issuance of bonds for the provision of special
services to the area or the levy of taxes affecting the area, no such area may be created and no
such bonds may be issued or taxes levied or imposed.
i
2
CHI2 591858.3
Exhibit 1 to Notice
Legal Description of Property
i
PARCEL 1:
THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER
THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL
AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS, BEING 23.05 CHAINS WEST
AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES . 00
SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES
07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM
NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE
SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET;. THENCE NORTH
38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE
OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS
MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER_ OF
BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 .MINUTES 40
SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES
17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES
45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF
THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT
THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58
ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE
OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID
SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF
180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER - CLOCKWISE FROM
THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING
IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN
INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS. WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS) TO AN IRON
PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD
ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124
DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A
DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER
LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE
CHI2 591858.3
POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT
137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY
ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88
DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID
SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59
FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION
FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH
THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE
SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY
ROAD, 1348.57; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED
COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE
OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY
FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM
THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS
DOCUMENT NUMBER R85 -5973, DESCRIBED AS FOLLOWS: THAT PART OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE
NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET;
THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND
CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST
1, 1966 IN. BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET
SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS).
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE
2
CHI2 591858.3
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A
DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE
AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE
1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES
54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF
1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED
COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S.
HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY
ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE
SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR
ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED
COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A A LINE
FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH
THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A
LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS
WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 5:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY .CORNER . OF BRISTOL LAKE SUBDIVISION AS PER THE
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10,
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,
2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG
THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE
CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG
SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED
COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING
IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE
CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY
3
CH12 591858.3
I
DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30
MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION
22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN
INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST
DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY
PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING
AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST
DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL
LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE
SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE
CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21
SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE
SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH
55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33
DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47
DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 34 DEGREES 46 MINUTES 42 -SECONDS EAST 65.00
FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET;
THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT DATED APRIL 13,
1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82, AND BY GRANT DATED
APRIL 7, 1923 AND RECORDED APRIL 18, 1923 IN DEED RECORDED IN BOOK 76,
PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET
AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09
MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13
MINUTES 34 SECONDS EAST 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN
KENDALL COUNTY, ILLINOIS.
PINS:
Parcel 1: 02 -22 -176 -004
Parcel 2: 02 -22 -127 -001 and 02 -15- 376 -001
Parcel 3: 02 -22- 251 -002
Parcel 4: 02- 22- 251 -002
Parcel 5: 02- 22-400 -001
4
CHI2 •591858.3
i
' I
At the hearing, all interested persons affected by the formation of such .special service
area, including all persons owning taxable real estate therein, may file written objections to and
be heard orally regarding the formation of and the boundaries of the special service area, the
issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the
City Council without further notice other than a motion to be- entered upon the minutes of its
meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the United City of
Yorkville Special Service Area Number 2005 -108 Autumn Creek and by at least 51% of the
owners of record of the land included within the boundaries of the United City of Yorkville
Special Service Area Number 2005 -108 Autumn Creek is filed with the City Clerk of the United
City of Yorkville within 60 days following the final adjournment of the public hearing objecting
to the creation of the special service area, the issuance of bonds for the provision of special
services to the area or the levy of taxes affecting the area, no such area may be created and no
such bonds may be issued or taxes levied or imposed.
� I
I
2
CHI2 591858.3
I
Exhibit 1 to Notice
Leval Description of Property
PARCEL 1:
THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER
THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL
AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST
AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00
SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93,DEGREES 23 MINUTES
07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM
NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE
SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH
38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE
OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS
MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF
BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40
SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES
17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES
45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF
THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT
THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58
ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE
OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID
SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF
180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER - CLOCKWISE FROM
THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING
IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN
INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS) TO AN IRON
PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD
ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124
DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A
DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER
LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE
CHI2 591858.3
POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT
137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY
ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88
DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID
SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59
FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION
FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH
THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE
SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY
ROAD, 1348.57; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED
COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE
OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY
FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM
THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS
DOCUMENT NUMBER R85 -5973, DESCRIBED AS FOLLOWS: THAT PART OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDMSION; THENCE
NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET;
THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND
CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST
1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET
SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS).
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE
2
CHI2 591858.3
I
i
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED.- COURSE, A
DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE
AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE '
1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES
54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF
1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED
COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S.
HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY
ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE
SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR
ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED
COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE
FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH
THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A
LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS
WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 5:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10,
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58. MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,
2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG
THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE
CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG
SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED
COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING
IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE
CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY
3
CHI2 591858.3
DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30
MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION
22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN
INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST
DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY
PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING
AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST
DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS..
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL
LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE
SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE
CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21
SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE
SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH
55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33
DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47
DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH-34 DEGREES 46 MINUTES 42 EAST 65.00
FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET;
THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET-TO THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT DATED APRIL 13,
1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82, AND BY GRANT DATED
APRIL 7, 1923 AND RECORDED APRIL 18, 1923 IN DEED RECORDED IN BOOK 76,
PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET
AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09
MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13
MINUTES 34 SECONDS EAST 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN
KENDALL COUNTY, ILLINOIS.
PINS:
Parcel 1: 02 -22 -176 -004
Parcel 2: 02 -22- 127 -001 and 02 -15- 376 -001
Parcel 3: 02- 22- 251 -002
Parcel 4: 02- 22- 251 -002
Parcel 5 : 02- 22-400 -001
4
CHI2 591858.3
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This Document was
prepared by and after
recording return to:
Laura L. Bilas, Esq.
FOLEY & LARDNER LLP
321 N. Clark Street
Suite 2800
Chicago, IL 60610 (The Above Space for Recorder's Use Only)
DECLARATION OF CONSENT AND WAIVER TO
CREATION OF SPECIAL SERVICE AREA AND IMPOSITION
OF SPECIAL SERVICE AREA TAX PURSUANT THERETO
THIS DECLARATION (the "Declaration ") is made this day of April, 2006, by
Pulte Home Corporation, a Michigan corporation (the "Declarant ").
RECITALS:
A. The Declarant owns fee simple title to certain parcels of real estate located within
Kendall County, State of Illinois, legally described on Exhibit A attached hereto and made a part
hereof (the "Property ");
The Property is coterminous with an area (the "Special Service Area ") that is or will be
benefited by certain special services, including, but not limited to engineering, soil testing and
appurtenant work, mass grading and demolition, storm water management facilities, storm
drainage systems and storm sewers, site clearing and tree removal, public water facilities,
sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting,
sidewalks, bicycle paths, and related street improvements, park improvements and equipment
and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree
installation, costs for land and easement acquisition relating to any of the foregoing
improvements, required tap on fees and related fees for water or sanitary sewer services and
other eligible costs, as described in Table 1 in the Special Tax Report (as hereinafter defined)
attached hereto as Exhibit B and made a part hereof (the "Special Services ");
B. In order to pay for all or part of the costs of the Special Services, the City Council
of the City, adopted Ordinance No. 2006- on March 28, 2006 (the "Establishing
Ordinance "), which designated the area within the Special Service Area (including the
Property) as a special service area pursuant to Article VII, Section 7 of the Illinois Constitution
and the Illinois Special Service Area Tax Law, 35 ILCS 200/27 -5, et seq. (the "SSA Law "), and
authorized the levy of special service area taxes upon the taxable real property within the Special
CHI2_591982.4
Exhibit C- Page 1
Service Area (which taxable real property is included within the Property) in the manner more
specifically identified below;
C. Pursuant to the Establishing Ordinance and the Special Tax Report, the Property
is subject to the obligation to pay Special Service Area Taxes not to exceed a maximum annual
special tax on the Property of $1,602,516 subject, however, to the mandatory prepayment
provisions set forth in the Special Tax Report; and
D. The Declarant, as the owner of all of the Property, and in consideration of the
direct and indirect benefits the Special Services will confer on the Property, desires to submit the
Property to the provisions of this Declaration.
NOW, THEREFORE, the Declarant hereby declares that the Property is, and shall be
held, transferred, sold, conveyed and occupied, subject to the covenants, conditions and
restrictions hereinafter set forth.
ARTICLE 1
DEFINITIONS
When used in this Declaration, the following words and terms shall have the following
meanings:
"Bond Ordinance" shall mean the ordinance of the City authorizing the issuance of
bonds to finance the costs of the Special Services.
"City" shall mean the United City of Yorkville, Illinois.
"Declarant" shall mean and refer to Pulte Home Corporation and its grantees, successors
and assigns. Any such grantees, successors and assignees of the Declarant shall be deemed the
same as the Declarant and shall be subject to the obligations imposed upon and the agreements,
consents and waivers made by the Declarant as provided in this Declaration.
"Mortgage" shall mean either a Mortgage or Deed of Trust creating a lien against a
portion of the Property given to secure an obligation of the Owner of such portion of the
Property.
"Owner" shall mean and refer to the record owner, whether one or more persons, of fee
simple title to any Parcel or other portion of the Property, including contract purchasers and
sellers, but excluding those persons having such interest merely as security for the performance
of an obligation unless such person takes title pursuant to the exercise of such security,
whereupon such person would become an Owner. The term "Owner" shall include the Declarant
to the extent the Declarant owns any portion of the Property or any Parcel and also includes the
interest of the Declarant as contract seller of any Parcel or other portion of the Property.
"Parcel" shall mean a lot or parcel within the Property shown on a cadastral map with a
parcel identification number assigned by the office of the Kendall County Assessor or other
authorized county official.
CHI2_591982.4
Exhibit C- Page 2
i
"Person" or "Persons" shall mean all natural individuals, corporations, partnerships,
limited liability companies, trustees or other legal entities capable of holding title to real
property.
"Property" shall mean and refer to the real property legally described on Exhibit A
attached hereto and made a part hereof.
"Special Service Area" shall mean and refer to "United City of Yorkville Special
Service Area Number 2005 - 108," which is the special service area created by the Establishing
Ordinance; is legally described in Exhibit A. and is comprised of the Property.
"Special Service Area Tax" shall mean and refer to that tax levied pursuant to the
Establishing Ordinance and the Bond Ordinance.
"Special Tax Report" shall mean and refer to the "United City of Yorkville Special
Service Area Number 2005 -108 Special Tax Roll and Report" attached hereto as Exhibit B and
made a part hereof, which is Exhibit F to the Establishing Ordinance.
ARTICLE 2
2.1 The above Recitals are incorporated into and made a part of this Agreement as
though they were fully set forth in this Article 2.
2.2 In furtherance of the development of the Property:
(a) The Declarant desires for the City to accomplish the financing
contemplated by the Establishing Ordinance in order to provide funds for the construction of the
Special Services; and
(b) By the imposition of the covenants, conditions and restrictions set forth
herein and the reservation of certain powers as herein contained, the Declarant intends to
facilitate the financing of the Special Services by the City through the establishment of the
Special Service Area pursuant to the Establishing Ordinance and the issuance of municipal bonds
pursuant to the Bond Ordinance and thereby enhance and protect the value of the Development.
2.3 The Declarant and its grantees, successors and assigns covenant and agree that the
Declarant and every other person who is the seller under any contract for the sale of any Parcel
or any other portion of the Property shall include in such contract for sale the provisions set forth
in Exhibit C attached to this Declaration. In the event such provision is inadvertently omitted
from the express terms of any contract for sale, this Declaration and the provisions set forth in
Exhibit C shall be deemed implied terms of such contract.
ARTICLE 3
3.1 The Special Tax Report attached hereto as Exhibit B and made a part hereof sets
forth the provisions for apportioning and imposing the Special Service Area Tax on the Property.
Certain capitalized terms used in this Article 3 and not otherwise defined herein have the
CHI2_591982.4
Exhibit C- Page 3
1
meanings ascribed to such terms in the Special Tax Report. Pursuant to the Bond Ordinance, the
Special Service Area Tax will be levied in the Special Service Area each calendar year from
2007 through 2034 and will be collected each calendar year from 2008 through 2035.
3.2 Special taxes levied pursuant to the Special Service Area Act must bear a rational
relationship to the benefit which each property receives from the Special Services. The benefit
received by each property is estimated to be a function of the improvements serving such
property and the relative use of the improvements compared to other property within the area of
benefit.
3.3 Subject to the mandatory prepayment provisions set forth in Section VI.G of the
Special Tax Report, the Maximum Parcel Special Taxes for levy year 2007 is $1,072,600.
Maximum Special Taxes escalate annually at 1.5 percent through levy year 2034.
3.4 Subject to the mandatory prepayment provisions set forth in Section VI.G of the
Special Tax Report, the aggregate Maximum Parcel Special Taxes that can be levied by the City
for all Parcels in any calendar year are $1,602,516 as set forth in the Special Tax Roll.
3.5 The Special Tax Report explains the method of apportioning the Special Service
Area Tax to the Property in such a manner that there is a rational relationship between the
amount of the Special Service Area Tax levied against each Parcel or other portion of the
Property and the special service benefit rendered by the Special Service Area to each such Parcel
or other portion of the Property.
ARTICLE 4
4.1 To further the general purposes herein expressed, the Declarant, its grantees,
successors and assigns, hereby declare that the Property at all times is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions set
forth in this Declaration.
4.2 The Declarant hereby acknowledges and agrees that the Special Service Area Tax
authorized by the Establishing Ordinance, which has been levied and will be collected on a
yearly basis, gives rise to a lien on each Parcel or other portion of the Property that, if not paid as
and when required, may result eventually in a foreclosure of the lien and sale of such Parcel or
other portion of the Property to the extent the Special Service Area Tax for any such Parcel or
other portion of the Property is not paid as and when due in order to satisfy the Special Service
Area Tax.
The Declarant, as title holder or contract purchaser of all of the Property: (i) hereby
expressly consents to the adoption of the Establishing Ordinance and the Bond Ordinance and
the establishment of the Special Service Area (including the Property) as a special service area
under the terms of the SSA Law subject to the Special Service Area Tax to pay for the Special
Services and related costs; (ii) hereby waives the 60 day objection period to the establishment of
the Special Service Area set forth in Section 27 -55 of the SSA Law; and (iii) hereby expressly
acknowledges that the Establishing Ordinance was in all respects adopted in conformity with the
requirements of the SSA Law and all other legal requirements. The Declarant, its grantees,
CHI2_591982.4
Exhibit C- Page 4
successors and assigns and for all grantees, successors and assigns of any of its grantees,
successors and assigns, hereby waives for itself and for all such grantees, successors and assigns,
all objections of any variety to the validity of the Establishing Ordinance and the Bond
Ordinance and the Special Service Area Tax established under the Establishing Ordinance and
the Bond Ordinance including, without limitation, any objection to the advertisements, notices,
hearings or actions provided or taken in connection with the adoption of the Establishing
Ordinance and the Bond Ordinance or otherwise, the designation of the Property as a Special
Service Area pursuant to the SSA Law and the findings in the Establishing Ordinance and the
Bond Ordinance that the Special Services confer a special service benefit on the Property and
each of the Parcels, that the Special Services are of the type that may be financed under the SSA
Law, and that the formula for apportioning the Special Service Area Tax set forth in the Special
Tax Report is rational in light of the special service benefit conferred upon the Property and each
of the Parcels, all as set forth in the Special Tax Report and the Special Tax Report.
ARTICLE 5
5.1 The covenants, conditions and restrictions of this Declaration shall run with the
land, and shall inure to the benefit of and be enforceable by the City, the Declarant, the Owner of
any Parcel or other portion of the Property, and each of their respective grantees, successors and
assignees for a term of thirty (30) years from the date this Declaration is recorded in the Office of
the Recorder of Deeds of Kendall County, Illinois; provided, however, that such covenants,
conditions and restrictions may be terminated in their entirety at any time by recording in the
Office of the Recorder of Deeds of Kendall County, Illinois, an agreement to that effect executed
by the City and the owners of all of the Property, which agreement shall provide that such
covenants, conditions and restrictions shall terminate as of a date set forth in such agreement and
recorded in the Office of the Recorder of Deeds of Kendall County, Illinois.
5.2 If and to the extent that any of the covenants, conditions or restrictions contained
in this Declaration would otherwise be unlawful or void for violation of (a) the rule against
perpetuities, (b) the rule restricting restraints on alienation, or (c) any other applicable statute or
common law rule analogous thereto or otherwise imposing limitations upon the time during
which such covenants, conditions or restrictions may be valid, then such covenants, conditions
and restrictions shall continue and endure only until the expiration of twenty -one (21) years after
the death of the last to survive of the class of persons consisting of all of the lawful descendants
of Joseph P. Kennedy, former ambassador of the United States of America, living at the date of
this Declaration.
5.3 Each grantee, successor and assign of each Declarant by taking title to a Parcel or
any other portion of the Property and each purchaser under any contract for a deed of
conveyance pursuant to which such grantee will take title to a Parcel or any other portion of the
Property, hereby is deemed to accept such title subject to all covenants, conditions and
restrictions of this Declaration and the jurisdiction, rights and powers created and reserved by
this Declaration, and all rights and impositions and obligations hereby imposed, including
without limitation, the Special Service Area Tax levied pursuant to the Establishing Ordinance
and Bond Ordinance, all of which shall be deemed and taken to be covenants running with the
land, and which shall bind any person having at any time any interest or estate in such land, and
shall inure to the benefit of such person in like manner as though the provisions of this
CHI2_591982.4
Exhibit C- Page 5
Declaration were recited and stipulated at length in each and every deed of conveyance, or in any
Mortgage, and the rights described in this Section 5.3 or described in any other part of this
Declaration shall be sufficient to create and reserve such rights to the respective grantees,
mortgagees and trustees of such Parcel or any portion thereof or any other portion of the Property
as fully and completely as though such rights were recited fully and set forth in their entirety in
any such documents.
5.4 The provisions of this Declaration shall be liberally construed to effectuate the
purposes of the Special Service Area and the imposition and collection of the Special Service
Area Tax, all as provided in the Establishing Ordinance and the Bond Ordinance.
5.5 The singular shall include the plural wherever this Declaration so requires. If a
court of competent jurisdiction shall hold invalid or unenforceable any part of this Declaration,
such holding shall not impair, invalidate or otherwise affect the remainder of this Declaration
which shall remain in full force and effect.
CHI2_591982.4
Exhibit C- Page 6
IN WITNESS WHEREOF, the Declarant has caused its name to be signed to this
Declaration, all as of the day and year first above written.
PULTE HOME CORPORATION
By:
Name:
Title:
[SEAL]
Attest:
I
Name:
Title:
I
CHI2 591982.4
Exhibit C- Page 7
STATE OF ILLINOIS )
) ss.
COUNTY OF )
I, , a Notary Public in and for such County and State
aforesaid do hereby certify that and ,
personally known to me to be the and of Pulte
Home Corporation, a Michigan corporation, whose names are subscribed to the foregoing
Declaration, appeared before me this day in person and severally acknowledged that as such
officers they signed and delivered the foregoing Declaration as officers of Pulte Home
i
Corporation, as their free and voluntary act, and as the free and voluntary act and deed of such
, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2006.
Notary Public
Commission expires , 20_
CHI2_591982.4
Exhibit C- Page 8
Exhibit A
to
Declaration of Consent
Legal Description of the Property and
United Citv of Yorkville Special Service Area Number 2005 -108
CHI2_591982.4
I
Exhibit B
to
Declaration of Consent
[Special Tax Report]
CHI2_591982.4
Exhibit C
to
Declaration of Consent
Sale Contract Provisions
Special Service Area and Special Service Area Tax Information
I
r
CHI2_591982.4
Exhibit D
To
Establishing Ordinance
Legal Description
CHI2_591982.4
I
EXHIBIT D
Lesal Descrintion
PARCEL 1:
THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER
THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL
AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST
AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00
SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES
07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM
NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE
SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH
38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE
OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS
MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF
BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40
SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES
17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES
45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF
THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT
THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58
ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE
OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID
SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF
180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER- CLOCKWISE FROM
THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING
IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN
INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS) TO AN IRON
PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD
ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124
DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A
DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER
LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE
1
POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE
SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT
137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY
ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88
DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID
SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59
FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION
FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH
THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE
SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY
ROAD, 1348.57; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED
COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE
OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY
FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID
SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM
THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS
DOCUMENT NUMBER R85 -5973, DESCRIBED AS FOLLOWS: THAT PART OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE
NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET;
THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND
CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST
1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET
SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS).
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
2
THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A
DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE
AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE
1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES
54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF
1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR
ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH � THE LAST DESCRIBED
COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S.
HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY
ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE
SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR
ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED
COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE
FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH
THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A
LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS
WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PARCEL 5:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE
PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10,
PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE
OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47
SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED
CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY
ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE
OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE,
2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG
THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE
CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG
SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED
COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING
3
IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE
CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY
DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30
MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION
22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN
INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST
DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY
PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING
AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST
DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37
NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL
LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE
SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE
CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21
SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE
SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH
55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33
DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47
DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 65.00
FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET;
THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT DATED APRIL 13,
1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82, AND BY GRANT DATED
APRIL 7, 1923 AND RECORDED APRIL 18, 1923 IN DEED RECORDED IN BOOK 76,
PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET
AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09
MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13
MINUTES 34 SECONDS EAST 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN
KENDALL COUNTY, ILLINOIS.
PINS:
Parcel 1: 02 -22 -176 -004
Parcel 2: 02 -22 -127 -001 and 02 -15- 376 -001
Parcel 3: 02 -22- 251 -002
Parcel 4: 02 -22- 251 -002
Parcel 5: 02 -22- 400 -001
4
I
Exhibit E
to
Establishing Ordinance
Map of Special Service Area Number 2005 -108
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Exhibit F
To
Establishing Ordinance
Special Tax Report
I I
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CHI2 591982.4
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NO. 2005-108
SPECIAL TAX ROLL AND REPORT
MARCH 28, 2006
Prepared for Prepared by
UNITED CITY OF YORKVILLE DAVID TAUSSIG & ASSOCIATES, INC.
800 Game Farm Road 1301 Dove Street, Suite 600
Yorkville, IL 60560 Newport Beach, CA 92660
(630) 553 -7575 (949) 955 -1500
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NO. 2005 -108
(AUTUMN CREEK
SPECIAL TAX ROLL AND REPORT
TABLE OF CONTENTS
Section Page
I . INTRODUCTION ................................................................................................ ............................... I
II. DEFINITIONS .................................................................................................... ..........I.................... I
III. SPECIAL SERVICE AREA DESCRI PTION .......................................................... ............................... 4
A. BOUNDARIES OF SSA No. 2005- 108 ........... .............................4. ........ ............................... 4
B . ANTICIPATED LAND USES .................................................................... ............................... 4
IV . SPECIAL SERVICES .......................................................................................... ............................... 4
A. GENERAL DESCRIPTION ....................................................................... ............................... 4
B . ESTIMATED COSTS ............................................................................... ............................... 5
C. ALLOCATION ......................................................................................... ..............................5
D. ALTERNATIVES, MODIFICATIONS, AND /OR SUBSTITUTIONS ............. ............................... 15
V . BOND ASSUMPTIONS ...................................................................................... ............................... 15
VI . MAXIMUM PARCEL SPECIAL TAX ................................................................ ............................... 16
A . DETERMINATION ................................................................................ ............................... 16
B . APPLICATION ..................................................................................... ............................... 17
C. ESCALATION ...................................................................................... ............................... 18
D . TERM .................................................................................................... .............................18
E. SPECIAL TAX ROLL AMENDMENT ..................................................... ............................... 18
F. OPTIONAL PREPAYMENT .................................................................... ............................... 18
G. MANDATORY PREPAYMENT ............................................................... ............................... 19
VII ABATEMENT AND COLLECTION .................................................................... ............................... 19
A . ABATEMENT ......................................................................................... .............................19
B. COLLECTION PROCESS ......................................................................... .............................19
C. ADMINISTRATIVE REVIEW ................................................................. ............................... 20
VIII. AMENDMENTS .................................................................................................. .............................20
List of Exhibits
Exhibit A — Special Tax Roll
Exhibit B — Prepayment of the Maximum Parcel Special Tax
i
I. INTRODUCTION
Pursuant to the provisions of the Act and in accordance with the 'Establishing
Ordinance" being Ordinance No. passed by the City Council of the United
City of Yorkville, County of Kendall, State of Illinois, on March 28, 2006 in connection
with the proceedings for Special Service Area Number 2005 -108 (hereinafter referred to
as "SSA No. 2005 - 108 "), this Special Tax Roll and Report of SSA No. 2005 -108 (the
"Report ") is herewith submitted and made part of the Establishing Ordinance.
II. DEFINITIONS
The terms used herein shall have the following meanings:
"Act" means the Special Service Area Tax Act, being 35 ILCS 200/27 -5 et seq., as
amended. i
"Administrative Expenses" means the following actual or reasonably estimated costs
permitted in accordance with the Act and directly related to the administration of SSA
No. 2005 -108 and the Bonds as determined by the City or its designee including, but not
limited to, the following: the costs of computing the Special Taxes and of preparing the
amended Special Tax Roll (whether by the City or designee thereof or both); the costs of
collecting the Special Taxes (whether by the City, the County, or otherwise); the costs of
remitting the Special Taxes to the fiscal agent and /or trustee for any Bonds; the costs of
the fiscal agent and /or trustee (including its legal counsel) in the discharge of the duties
required of it under the Bond Indenture; the costs of the City or designee in computing
the amount of rebatable arbitrage, if any; the costs of the City or designee in complying
with the disclosure requirements of applicable federal and state securities laws and of the
Act, including, but not limited to, public inquiries regarding the Special Taxes; the costs
of the City or designee in applying for and maintaining ratings of the Bonds; the costs
associated with the release of funds from any escrow account or funds held pursuant to
the Bond Indenture; and any termination payments owed by the City in connection with
any guaranteed investment contract, forward purchase agreement, or other investment of
funds held under the Bond Indenture. Administrative Expenses shall also include
amounts advanced by the City for any administrative purpose of SSA No. 2005 -108
including the costs of computing Special Tax Bond Prepayment amounts, recording of
lien satisfaction or other notices related to a Special Tax Bond Prepayment or Mandatory
Special Tax Prepayment, discharge or satisfaction of Special Taxes; the administrative
costs associated with upgrading the software utilized by Kendall County relating to the
Special Tax; and the costs of commencing and pursuing to completion any foreclosure
action arising from and pursuing the collection of delinquent Special Taxes and the
reasonable fees of legal counsel to the City incurred in connection with all of the
foregoing.
"Bond Indenture" means the trust indenture and any supplemental indentures between
the City and the trustee named therein authorizing the issuance of the Bonds.
Special Tax Roll and Report Page I
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
"Bonds" means any bonds or other debt, including refunding bonds, whether in one or
more series, issued by the City and secured by the Maximum Parcel Special Tax for SSA
No. 2005 -108, the proceeds of which will be used to finance inter alia, all or a portion of
the public improvements authorized pursuant to the Establishing Ordinance.
"Calendar Year" means the twelve -month period starting January 1 and ending
December 31.
"City" means the United City of Yorkville, County of Kendall, State of Illinois.
"Consultant" means the designee of the City responsible for determining the Special
Taxes and assisting the City and the County in providing for the collection of the Special
Taxes, continuing disclosure, and any other administrative efforts related to SSA No.
2005 -105.
"Council" means the City Council of the United City of Yorkville, having jurisdiction
over SSA No. 2005 -108.
"County" means the County of Kendall, State of Illinois.
"Dwelling Unit" or "DU" means a residential dwelling unit.
"Final Plat" means a final plat of subdivision approved by the City and recorded with
the County which creates individual single- family home lots and /or townhome lots.
"Mandatory Special Tax Prepayment" means the Special Tax Bond Prepayment
required pursuant to Section VI.G herein and calculated pursuant to Exhibit B herein.
"Maximum Parcel Special Tax" means the maximum special tax, determined in
accordance with Section VI that can be collected by the City in any Calendar Year on any
Parcel.
"Maximum Parcel Special Taxes" means the amount determined by multiplying the
actual or anticipated number of Single - family Property Dwelling Units and Townhome
Property Dwelling Units, in accordance with Section VI.B, by the applicable Maximum
Parcel Special Tax.
"Parcel" means a lot, parcel, and /or other interest in real property within the boundaries
of SSA No. 2005 -108 to which a permanent index number ( "PIN ") is assigned as
determined from a PIN Map or the County assessment roll.
"Partial Special Tax Bond Prepayment" means that amount required to partially
prepay the Maximum Parcel Special Tax computed pursuant to Exhibit B herein.
Special Tax Roll and Report Page 2
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
I
"PIN Map" means an official map of the Kendall County Mapping Department or other
authorized County official designating lots, parcels, and/or other interests in real property
by permanent index number.
i
"Preliminary Plat" means the preliminary subdivision plat for SSA No. 2005 -108
approved by the City.
"Residential Property" means all Parcels within the boundaries of SSA No. 2005 -108
on which Dwelling Units have been, may be, or are anticipated to be constructed as
determined from the Preliminary Plat or applicable Final Plat.
"School District" means the Yorkville Community Unit School District 115.
"School Property" means the property within the boundaries of SSA No. 2005 -108 on
which a proposed elementary school has been, may be, or is anticipated to be constructed
as determined from the Preliminary Plat or any Final Plat.
"Single- family Property" means all Parcels within the boundaries of SSA No. 2005 -108
on which single - family Dwelling Units have been, may be, or are anticipated to be
constructed as determined from the applicable Preliminary Plat, Final Plat, or other
document approved by the City as determined by the Consultant.
"Special Tax" means the special tax to be extended in each Calendar Year on each
Parcel.
"Special Tax Bond Prepayment" means that amount required to prepay the Maximum
Parcel Special Tax computed pursuant to Exhibit B herein in order to fully release the
lien of the Maximum Parcel Special Tax.
"Special Tax Requirement" means that amount determined by the City or its designee
as required in any Calendar Year to pay: (1) the Administrative Expenses, (2) debt
service on any Bonds, (3) reasonably anticipated delinquent Special Taxes, (4) any
amount required to replenish any reserve fund established in connection with such Bonds,
(5) the costs of credit enhancement and fees for instruments that serve as the basis of a
reserve fund in lieu of cash related to any such Bonds, and less (6) available funds as
directed under the Bond Indenture.
"Special Tax Roll" means the Special Tax Roll included herein as Exhibit A, as may be
amended pursuant to Section VI.E.
"Townhome Property" means all Parcels within the boundaries of SSA No. 2005 -108
on which townhome Dwelling Units have been, may be, or are anticipated to be
constructed as determined from the applicable Preliminary Plat, Final Plat, or other
document approved by the City as determined by the Consultant.
Special Tax Roll and Report Page 3
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
III. SPECIAL SERVICE AREA DESCRIPTION
A. BOUNDARIES OF SSA No. 2005 -108
SSA No. 2005 -108 consists of approximately two hundred sixty -five (265) acres
and is generally located northwest of State Route 34 and southeast of the Bristol
Lake Subdivision. A legal description is attached as Exhibit D of the Establishing
Ordinance.
B. ANTICIPATED LAND USES
SSA No. 2005 -108 is anticipated to consist of three hundred and seventeen (317)
single - family Dwelling Units (i.e., single- family homes), and two hundred fifty -
eight (258) townhome Dwelling Units, and an elementary school.
IV. SPECIAL SERVICES
SSA No. 2005 -108 has been established to finance certain special services conferring
special benefit thereto and which are in addition to the municipal services provided to the
City as a whole. A general description, estimated cost, and allocation of these special
services are set forth below.
A. GENERAL DESCRIPTION
1. ELIGIBLE IMPROVEMENTS
The special services that are eligible to be financed by SSA No. 2005 -108
consist of certain public improvements with appurtenances and
appurtenant work in connection therewith necessary to serve SSA No.
2005 -108 (hereinafter referred to as the "Eligible Improvements "). The
Eligible Improvements are generally described as follows: the acquisition,
construction and installation of public improvements including, but not
limited to:
• City owned sanitary sewer facilities, water facilities, road facilities,
storm sewer facilities, public parks and park improvements,
including, but not limited to, engineering, surveying, soil testing
and appurtenant work, mass grading and demolition, storm water
management facilities, storm drainage systems and storm sewers,
site clearing and tree removal, public water facilities, sanitary
sewer facilities, erosion control measures, roads, streets, curbs,
gutters, street lighting, traffic controls, sidewalks, paths and related
street improvements, and equipment and materials necessary for
the maintenance thereof, landscaping, wetland mitigation, public
park improvements and tree installation, costs for land and
easement acquisitions or dedications relating to any of the
Special Tax Roll and Report Page 4
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
foregoing improvements, required tap -on and related fees for water
or sanitary sewer services and other eligible costs.
2. SSA FUNDED IMPROVEMENTS
i
SSA No. 2005 -108 is anticipated to fund the cost associated with the
following improvements (subject to alternatives, modifications, and /or
substitutions as described in Section IV.D below):
• SSA No. 2005 -108 is anticipated to fund certain on -site and off -
site public facilities and the road impact fees associated with the
construction of Kennedy Road, subject to the alternatives,
modifications, and /or substitutions as described in Section IV. D
below.
B. ESTIMATED COSTS
The estimated costs for the Eligible Improvements and the amounts anticipated to
be financed by SSA No. 2005 -108 are presented in Table 1 below. The costs
anticipated to be financed by SSA No. 2005 -108 do not include any costs
allocated to the School Property. Therefore, the School Property will be exempt
from the Special Tax.
TABLE 1
ESTIMATED COSTS FOR ELIGIBLE.-IMPROVEMENTS',
ELIGIBLE
IMPROVEMENTS
ALLOCABLE TO SSA No. 2005-108
PUBLIC RESIDENTIAL FUNDED
IMPROVEMENT . GRAND TOTAL PROPERTY IMPROVEMENTS
Sanitary Sewer $2,606,012 $2,390,549 $2,188,042
Water $2,049,445 $1,879,998 $1,670,537
Roads $8,057,199 $7,030,449 $4,780,282
Storm Sewer $3,634,117 $3,383,772 $2,964,624
Grand Total $16,346,773 _ $14,684,768 _ _ $11,603,485
C. ALLOCATION
Special taxes levied pursuant to the Act must bear a rational relationship between
the amount of the special tax levied against each Parcel within SSA No. 2005 -108
and the special service benefit rendered. Therefore, the public improvements
anticipated to be financed by SSA No. 2005 -108 as shown in Table 1 have been
allocated in accordance with the benefit rendered to the property therein, with
benefit estimated to be a function of (i) the service or benefit area for said
improvements and (ii) the relative capacity for said improvements reserved for or
Special Tax Roll and Report Page S
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
used by properties within the benefit area. A discussion of the relevant benefit
area(s) and measures of public facilities usage is detailed below.
1. BENEFIT AREA
The eligible public improvements are designed with the intent to
specifically service SSA No. 2005 -108 and the School Property, and
therefore the benefit area includes only such property. Each land use type
is allocated a share of each public facility type in accordance with the
public facility usage factors described below.
2. PUBLIC FACILITY USAGE
Once the benefit area has been established, the special services may be
allocated among the various properties within such area in accordance
with use. As is discussed in the following sections, commonly accepted
measures for public facility usage indicate that the benefit conferred by the
Eligible Improvements applies uniformly by land use type.
a. SANITARY SEWER AND WATER USAGE
The primary determinant of sanitary sewer and water usage is the
applicable population equivalent, or P.E. Household population is
the criteria commonly used to project sewer and water service
demand. Wastewater Engineering, Third Edition indicates that
residential wastewater flow rates are typically determined on the
basis of population density and the average per capita contribution
of wastewater. The Illinois Environmental Protection Agency's
criteria for water storage and distribution systems assume an
everyday use equal to 50 gallons per day per person. In addition,
an emergency capacity is set at 50 gallons per day per person. This
equates to 350 gallons per day for each single - family home given
the applicable IEPA P.E. factor of 3.5 for single- family homes.
The IEPA does not publish P.E. factors for townhome Dwelling
Units. However, IEPA indicates that the published P.E. factors for
apartments may be used to estimate P.E. for townhomes. P.E.
factors for apartments range from 1.5 to 3.0 depending upon
bedroom count. As each townhome Dwelling Unit is anticipated to
have two or three bedrooms, the P.E. factor of 3.0 for two to three -
bedroom apartments is used.
Sewer and water demand for public schools is a function of the
estimated number of students and employees. The School District
indicates the proposed elementary school to have a capacity of
approximately 650 students and 30 employees. Applying the IEPA
Special Tax Roll and Report Page 6
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
standards of 0.25 gallons per student and employee per day yields
a total P.E. of 170.00 for the proposed elementary school.
b. ROAD USAGE
Road usage is typically computed on the basis of anticipated trip
generation. The Institute of Traffic Engineers publication Trip
Generation Seventh Edition, indicates average weekday trips per
single - family detached home and townhome Dwelling Unit of 9.57
and 5.86, respectively.
The average weekday trips associated with an elementary school
are typically expressed per student and are estimated by Trip
Generation Sixth Edition at 1.02 per elementary school student.
i
C. STORM SEWER USAGE
Storm sewer facilities are sized based upon estimated storm flows
which vary with the size of the tributary drainage area, slope, soil
type, antecedent runoff condition, and impervious ground cover. In
its "Urban Hydrology for Small Watersheds: TR -55" (the "TR -55
Manual "), the United States Department of Agriculture indicates
average "runoff curve numbers" for purposes of measuring storm
flows or runoff. The runoff curve equation estimates storm runoff
given a particular volume of rainfall. The runoff curve numbers for
fully developed urban areas indicated in the TR -55 Manual vary
by land use type, impervious area, and hydrologic soil group.
Assuming generally uniform antecedent runoff and hydrologic soil
conditions, storm flows will tend to vary with land use and the
associated impervious area.
Impervious ground coverage factors for residential development
vary by development density or the number of dwelling units per
gross acre, with gross acreage being exclusive of open space. The
TR -55 Manual estimates impervious ground area at approximately
30.00% for development densities of 3 units to an acre, 38.00% for
development densities of 4 units to an acre, and 65.00% for
development densities of 8 or greater units to an acre. Generally,
the greater the density the more impervious area per acre. The
gross densities for the single - family homes and townhomes are
approximately three to an acre and eight to an acre, respectively.
The TR -55 Manual does not contain impervious ground areas for
elementary schools. The impervious ground coverage factors for
the School Property have been provided by the School District and
are based on design plans for existing school facilities.
Special Tax Roll and Report Page 7
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
Tables 2 — 4 on the following pages show these public improvement usage
factors and their equivalency (i.e., the relationship of these factors among
the different land uses within SSA No. 2005 -108).
Special Tax Roll and Report Page 8
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
TABLE2 — --
SEWER AND WATER USAGE FACTORS
P.E. AND EQUIVALENT UNrrS
COUNT
Total
Dwelling Equivalent Equivalent
Land Use Units Students Employees P.E. Total P.E. Unit' Units'
(1) Single - Family Property (DU) 317 NA NA 3.5 1,109.50 1.00 317.00
(2) Townhome Property (DU) 258 NA NA 3.0 774.00 0.86 221.88
School Property 48.57 48.57
(3) (Per Student) NA 650 NA 0.25 162.50
(4) (Per Employee) NA NA 30 0.25 7.50
Grand Tota1 575 650 30 NA 2,053.50 NA 587.45 j
[1] P.E. factor multiplied by applicable number of dwelling units, students, employees. I
[2] Equivalent units for land uses 1 and 2 computed by dividing P.E. factor for each land use by P.E. factor for single - family land use. Equivalent units for 3 and 4 computed
by dividing total P.E. by P.E. factor for single- family land use.
[3] Equivalent unit factor multiplied by applicable number of dwelling units or schools, as applicable.
[4] Calculations may vary slightly due to rounding.
Special Tax Roll and Report Page 9
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
TABLE 3 — -
ROAD USAGE FACTORS
TRIPS AND EQUIVALENT UNITS
COUNT
Average Total Total
Dwelling Weekday Weekday Equivalent Equivalent
Land Use Units Students Employees Trip Factor Trips' Unie Units 3,4 i
(1) Single - Family Property (DU) 317 NA NA 9.57 3,033.69 1.00 317.00
(2) Townhome Property (DU) 258 NA NA 5.86 1,511.88 0.61 157.38
School Property 69.28 69.28
(3) (Per Student) NA 650 NA 1.02 663.00
(4) (Per Employee) NA NA 30 NA 0.00
Grand Tota1 575 650 30 NA 5,208.57 NA 543.66
[1] Average weekday trip factor multiplied by applicable number of dwelling units, students, or employees. a
[2] Equivalent units for land uses I and 2 computed by dividing average weekday trip factor for each land use by average weekday trip factor for a single - family home.
Equivalent units for 3 and 4 computed by dividing total average weekday trips by average weekday trip factor for a single - family home.
[3] Equivalent unit factor multiplied by applicable number of dwelling units or schools, as applicable.
[4] Calculations may vary slightly due to rounding.
Special Tax Roll and Report Page 10
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
TABLE 4
STORM SEWER MANAGEMENT FACTORS
IMPERVIOUS AREA AND EQUIVALENT UN - TS
I
COUNT Impervious Area
Total
Dwelling Lot Size Per Coverage Per DU / Equivalent Equivalent i
Land Use Units DU / Site Acres Factor Site Total Unie units 3,4
(1) Single - Family Property (DU) 317 18,789 NA 30% 5,637 1,786,929 1.00 317.00
(2) Townhome Property (DU) 258 5,648 NA 65% 3,671 947,118 0.65 167.70
(3) School Property NA NA 16.0 29% 202,118 202,118 35.86 35.86
Grand Total 575 NA 16.0 NA NA 2,936,165 NA 520.56
[1] Impervious area per dwelling unit for land uses 1 and 2 computed by multiplying coverage factor by lot size.
[2] Equivalent units for land uses 1 and 2 computed by dividing impervious area for each land use by impervious area for single - family land use. Equivalent units for land
use 3 computed by dividing total impervious area by impervious area for the typical single - family home.
[3] Equivalent unit factor multiplied by applicable number of dwelling units or schools, as applicable.
[4] Calculations may vary slightly due to rounding.
Special Tax Roll and Report Page 11
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
3. ALLOCATED COSTS
The Eligible Improvements must be allocated in accordance with the
appropriate usage factors discussed above. For example, sanitary sewer
and water facilities are allocated on a P.E. basis. Road facilities are
allocated in proportion to estimated trip generation and storm sewer
facilities are allocated on impervious area. As shown in Tables 5 — 8, the
allocated cost per equivalent unit is computed by dividing the estimated
improvement costs shown in Table 1 by the applicable equivalent units for
Single- family Property, Townhome Property, and School Property. The
total allocated costs for each land use type is computed by multiplying the
allocated cost per equivalent unit by the, applicable equivalent units. A
summary of the allocated costs is presented in Table 9.
The portion of the Eligible Improvements to be financed with bond
proceeds is shown in Table 10. All Eligible Improvements that are not
financed through SSA No. 2005 -108 (which include all Eligible
Improvements allocated to the School Property) will be funded by the
developer and are categorized as "Developer's Equity."
TABLES --- °- --
SANITARY SEWER COST ALLOCATION
(A) (B) (C)
Equivalent Allocated
Land Use Units Cost
(1) Single - Family Property (DU) 317.00 $1,406,257
(2) Townhome Property (DU) 221.88 $984,291'
(3) School Property (per site) 48.57 $215,463
(4) Grand Total 587.45 $2,606,012
From Table 2
$2,606,012/B4'B I
$2,606,012/B4'B2
$2,606,012/B4'B2
S Amounts may vary due to rounding.
I
Special Tax Roll and Report Page 12
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United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
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TABLE 6
WATER COST ALLOCATION
(A) (13) (C)
Equivalent Allocated
Land Use Units' Cost
(1) Single - Family Property (DU) 317.00 $1,105,922
(2) Townhome Property (DU) 221.88 $774,076'
(3) School Property (per site) 48.57 $169,447
(4) Grand Total 587,45 $2,049,445
'From Table 2
a $2,049,445/134 *131
5 $2,049,445/134 *132
$2,049,445/134 *133
- 'Amounts may vary d to rounding.
TABLE 7
RO COST ALLOC
Equivalent Allocated
Land Use Units Cost
(1) Single - Family Property (DU) 317.00 $4,698,032
(2) Townhome Property (DU) 157.38 $2,332,417'
(3) School Property (per site) 69.28 $1,026,750
(4) Grand Total 543.66 $8,057,199
From — � — — Table 3 —
Z
$8,057,1991134* 13 1
$8,057,19984 *B2
$8,057,199/134 *133
5 Amounts may vary due to rounding.
Special Tax Roll and Report Page 13
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
TABLE 8
STORM SEWER COST ALLOCATION
(A) (B) (C)
Equivalent Cost
Land Use Units' Per Unit
(1) Single- Family Property (DU) 317.00 $2,213,030
(2) Townhome Property (DU) 167.70 $1,170,742'
(3) School Property (per site) 35.86 $250,345'
(4) Grand Total 520.56 $3,634,117
From Table 4
_ $3,634,11784 *BI
' $3,634,1 1784 *B2
' $3,634,11784 *133
5 Amounts may vary due to rounding.
TABLE 9
ALLOCATED COSTS B LAND USE
SINGLE- FAMILY TOWNHOME SCHOOL
PUBLIC IMPROVEMENT GRAND TOTAL PROPERTY PROPERTY PROPERTY
Sanitary Sewer $2,606,012 $1,406,257 $984,291 $215,463
Water $2,049,445 $1,105,922 $774,076 $169,447
Roads $8,057,199 $4,698,032 $2,332,417 $1,026,750
Storm Sewer $3,634,117 $2,213,030 $1,170,742 $250,345
Grand Total $16,346,773 $9,423,242 $5,261,526 $1,662,005
Amounts may vary due to rounding.
Special Tax Roll and Report Page 14
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
TABLE 10
FUNDING OF ELIGIBLE PUBLIC IMPROVEMENTS
SSA No. 2005 -108
TOTAL FOR SINGLE -
GRAND SSA NO. FAMILY TOWNHOME DEVELOPERS
PUBLIC IMPROVEMENT' TOTAL 2005 -108 PROPERTY PROPERTY EQUITY
Sanitary Sewer $2,606,012 $2,188,042 $1,203,750 $984,291 $417,970
Water $2,049,445 $1,670,537 $896,461 $774,076 $378,908
Roads $8,057,199 $4,780,282 $2,964,574 $1,815,708 $3,276,916
Storm Sewer $3,634,117 $2,964,624 $1,793,883 $1,170,742 $669,492
GRAND TOTAL $16,346,773 $11,603,485 $6,858,668 $4,744,817 $4,743,288
NUMBER OF DUS NA 575 317 258 NA
TOTAL COST/DU NA NA $21,636.18 $18,390.76 NA
Amounts may vary due to rounding.
D. ALTERNATIVES, MODIFICATIONS, AND /OR SUBSTITUTIONS
The description of the Eligible Improvements, as set forth herein, is general in
nature. The final description, specifications, location, and costs of improvements
and facilities will be determined upon the preparation of final plans and
specifications and completion of the improvements. The final plans may show
substitutes, in lieu or modifications to the Eligible Improvements in order to
accomplish the works of improvements, and any substitution, increase, or
decrease to the amount of public improvements financed shall not be a change or
modification in the proceedings as long as (i) the allocation of the Eligible
Improvement costs actually funded by SSA No. 2005 -108, using the preceding
methodology, is uniform within Single - family Property and Townhome Property
and (ii) such allocation results in the same ratio of funded Eligible Improvements
between the land use types, as established in Section VI.A below.
V. BOND ASSUMPTIONS
It is anticipated that certain of the Eligible Improvements will be financed through the
issuance of a single series of bonds. Total authorized bonded indebtedness is
$15,500,000. Bonds in the approximate amount of $15,000,000 are anticipated to be
issued in April 2006. Issuance costs are estimated to be approximately three and one -half
percent (3.5 %) of the principal amount of the bonds. The bond issue will include a
reserve fund of approximately nine and one -half percent (9.5 %) of the original principal
amount of the bonds and approximately twenty-three (23) months of capitalized interest.
The term of the bonds is estimated at 30 years, with principal amortized over a period of
approximately 28 years. Annual debt service payments will increase approximately one
and one half percent (1.5 %) annually.
Special Tax Roll and Report Page 15
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
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The final sizing of the bonds may be modified as appropriate to meet the objectives of the
financing and prevailing bond market conditions. These modifications may include, but
are not limited to, changes in the following:
• Bond timing, phasing, and /or escrows;
• Capitalized interest period;
• Principal amortization (i.e., bond term and annual debt service payment);
• Reserve fund size and form; and
• Coupon rates.
Therefore, the actual bonded indebtedness, and consequently the amount of Eligible
Improvements financed by SSA No. 2005 -108, may increase or decrease depending upon
these variables.
VI. MAXIMUM PARCEL SPECIAL TAX
As mentioned previously, no Eligible Improvements for the School Property will be
financed by SSA No. 2005 -108. Therefore, these properties will not be subject to the
Maximum Parcel Special Tax. The discussion that follows applies only to the remaining
Residential Property.
A. DETERMINATION
When multiple land uses are anticipated, the Maximum Parcel Special Tax is a
function of the (i) relative amounts of the Eligible Improvement costs funded for
such land uses by SSA No. 2005 -108 and (ii) the Maximum Parcel Special Taxes
required to fund the Special Tax Requirement. In order to measure the relative
difference in public improvement costs for each land use type, Equivalent
Dwelling Unit ( "EDU ") factors have been calculated. A Single- family Property
Dwelling Unit is deemed the typical residential unit and is assigned an EDU
factor of 1.00. The EDU factor for Townhome Property Dwelling Units is equal
to the ratio of the funded Eligible Improvements for each land use category to the
funded Eligible Improvements for Single- family Property Dwelling Units. EDUs
are shown in Table 11 below.
TABLE 11
EDU FACTORS
EDU DWELLING
COST/UNIT FACTOR UNITS EDUs
Single- family Property Dwelling Unit $21,636.18 1.00 317 units 317.00
Townhome Property Dwelling Unit $18,390.76 0.85 258 units 219.30
Total 575 units 536.30
Special Tax Roll and Report Page 16
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
I
The Maximum Parcel Special Tax is derived from the Maximum Parcel Special
Taxes which are equal to the sum of the estimated (i) maximum annual interest
and principal payments on the Bonds, net of projected earnings on the reserve
fund, (ii) contingency for delinquent Special Taxes, and (iii) estimated
Administrative Expenses. The derivation of the Maximum Parcel Special Tax is
shown in Table 12 below.
TABLE 12
MAXIMUM PARCEL SPECIAL TAX
(LEVIED CALENDAR YEAR 2007 / COLLECTED CALENDAR YEAR 2008)
PER DWELLING UNIT
SINGLE -
FAMILY TOWNHOME
TOTAL PROPERTY PROPERTY
Maximum Parcel Special Taxes $1,072,600 $634,000 $438,600
Number of EDUs 536.30 317.00 219.30
Maximum Parcel Special Tax / EDU*
(Maximum Parcel Special Taxes / Number of EDUs) $2,000 NA NA
' l
EDU Factor NA 1.00 0.85
Maximum Parcel Special Tax / DU*
(Maximum Parcel Special Tax / EDU x EDU Factor) NA $2,000 $1,700
*Amounts have been rounded to the nearest dollar.
The Maximum Parcel Special Tax per EDU is computed by dividing the
Maximum Parcel Special Taxes by the number of EDUs. Multiplying this amount
by the applicable EDU factor yields the Maximum Parcel Special Tax for Single -
family Property and Townhome Property. Therefore, the Maximum Parcel
Special Taxes are weighted in proportion to the allocation of funded Eligible
Improvements as shown in Section IV.C, and consequently the amount of the
Maximum Parcel Special Tax bears a rational relationship to the benefit that the
special services render to each Parcel within SSA No. 2005 -108 as required
pursuant to the Act.
B. APPLICATION
Prior to the recordation of a Final Plat, the Maximum Parcel Special Tax for a
Parcel of Residential Property shall be calculated by multiplying the number of
expected Dwelling Units of Single - family Property or Townhome Property for
such Parcel, as determined from the Preliminary Plat in effect as of September 30
preceding the Calendar Year for which the Special Tax is being extended, by the
applicable Maximum Parcel Special Tax.
Special Tax Roll and Report Page 17
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
III
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Subsequent to the recordation of the Final Plat, the Maximum Parcel Special Tax
for a Parcel of Residential Property shall be calculated by multiplying the number
of Dwelling Units of Single - family Property and Townhome Property which may
be constructed on such Parcel, by the applicable Maximum Parcel Special Tax
determined pursuant to Table 12, as increased in accordance with Section VI.0
below.
C. ESCALATION
The Maximum Parcel Special Tax that has been levied escalates one and one half
percent (1.5 %) annually through and including Calendar Year 2034, rounded to
the nearest dollar. Note, that while the annual increase in the Maximum Parcel
Special Tax is limited to one and one half percent (1.5 %), which is consistent with
the anticipated graduated payment schedule for interest and principal on the
Bonds, the percentage annual change in the Special Tax may be greater depending
upon actual Special Tax receipts, capitalized interest, investment earnings, and
Administrative Expenses.
D. TERM
The Maximum Parcel Special Tax shall not be levied after Calendar Year 2034
(to be collected in Calendar Year 2035).
E. SPECIAL TAX ROLL AMENDMENT
Each Calendar Year, in conjunction with the abatement ordinance adopted by the
City, the City shall amend the Special Tax Roll to reflect the Maximum Parcel
Special Tax applicable to any new Parcels established by the County. The
amended Special Tax Roll shall be recorded with the County.
F. OPTIONAL PREPAYMENT
The Maximum Parcel Special Tax for any Parcel may be prepaid and the
obligation of the Parcel to pay the Maximum Parcel Special Tax permanently
satisfied pursuant to Section A of Exhibit B attached hereto, provided that a
prepayment may be made only if there are no delinquent Special Taxes with
respect to such Parcel at the time of prepayment. The Maximum Parcel Special
Tax may also be prepaid in part, provided that proceeds for any such prepayment
are sufficient to permit the redemption of Bonds in such amounts and maturities
deemed necessary by the Consultant and in accordance with the Bond Indenture.
An owner of a Parcel intending to prepay the Maximum Parcel Special Tax, either
partially or in full, shall provide the City with written notice of intent to prepay.
Within 30 days of receipt of such written notice, the City or its designee shall
notify such owner of the amount of the Special Tax Bond Prepayment or the
Partial Special Tax Bond Prepayment, as applicable, for such Parcel and the date
through which such amount shall be valid.
Special Tax Roll and Report Page 18
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
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G. MANDATORY PREPAYMENT
If at any time the Consultant determines that there has been or will be a reduction
in the Maximum Parcel Special Taxes as a result of an amendment to a
Preliminary Plat or Final Plat, or other event which reduces the Maximum Parcel
Special Taxes such that the annual debt service coverage ratio is less than one
hundred ten percent (110 %), then a Mandatory Special Tax Prepayment shall be
calculated pursuant to Section B of Exhibit B attached hereto. Each year's annual
debt service coverage ratio shall be determined by dividing (i) such year's reduced
Maximum Parcel Special Taxes by (ii) the sum of the corresponding annual
interest and principal payment on the Bonds plus estimated Administrative
Expenses and less estimated earnings on the Reserve Fund (as such term is
defined in the Bond Indenture). As required under the Bond Indenture, the City
may adopt a supplemental ordinance to provide for the levy of the Mandatory
Special Tax Prepayment.
Please refer to Section VII.B below for details on the collection procedure of the
Mandatory Special Tax Prepayment.
VII. ABATEMENT AND COLLECTION
A. ABATEMENT
On or before the last Tuesday of December of each Calendar Year, commencing
with Calendar Year 2007 and for each following Calendar Year, the Council or its
designee shall determine the Special Tax Requirement and the special taxes
authorized by the ordinance providing for the issuance of the Bonds shall be
abated to the extent the amounts so levied exceed the Special Tax Requirement.
The Maximum Parcel Special Tax applicable to each Parcel shall be abated in
equal percentages until the Special Taxes remaining equals the Special Tax
Requirement. Abated in equal percentages means that the amount abated for each
Parcel, computed as a percentage of its applicable Maximum Parcel Special Tax,
is the same.
B. COLLECTION PROCESS
With the exception of the Mandatory Special Tax Prepayment, the Special Tax
will be billed and collected by the County in the same manner and at the same
time as general ad valorem property taxes. The lien and foreclosure remedies
provided for in Article 9 of the Illinois Municipal Code shall apply upon the
nonpayment of the Special Tax. The Council may provide for other means of
collecting the Special Tax, if necessary to meet the financial obligations of SSA
No. 2005 -108.
The Mandatory Special Tax Prepayment shall be due prior to any development
approval, subdivision of land, conveyance, or other action that results in a
Special Tax Rolland Report Page 19
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
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reduction in the Maximum Parcel Special Taxes such that the annual debt service
coverage ratio is less than one hundred ten percent (110 %). The Mandatory
Special Tax Prepayment shall be levied against the property on which the
reduction has or will occur. The Mandatory Special Tax Prepayment shall have
the same sale and lien priorities as are provided for regular property taxes. A
Mandatory Special Tax Prepayment shall not reduce the Maximum Parcel Special
Tax for any Parcel.
C. ADMINISTRATIVE REVIEW
Any owner of a Parcel claiming that a calculation error has been made in the
amount of the Special Tax applicable to such Parcel for any Calendar Year may
send a written notice describing the error to the Consultant not later than thirty
(30) days after having paid the Special Tax which is alleged to be in error. The
Consultant shall promptly review the notice, and if necessary, meet with the
property owner, consider written and oral evidence regarding the alleged error,
and decide whether, in fact, such an error occurred. If the Consultant determines
that an error did in fact occur and the Special Tax should be modified or changed
in favor of the property owner, an adjustment shall be made in the amount of the
Special Tax applicable to such Parcel in the next Calendar Year. Cash refunds
shall only be made in the final Calendar Year for the Special Tax. The decision of
the Consultant regarding any error in respect to the Special Tax shall be final.
VIII. AMENDMENTS
This Report may be amended by ordinance of the City and, to the maximum extent
permitted by the Act, such amendments may be made without further notice under the
Act and without notice to owners of property within SSA No. 2005 -108 in order to (i)
clarify or correct minor inconsistencies in the matters set forth herein, (ii) provide for
lawful procedures for the collection and enforcement of the Special Tax so as to assure
the efficient collection of the Special Tax for the benefit of the owners of the Bonds, (iii)
otherwise improve the ability of the City to fulfill its obligations to levy, extend, and
collect the Special Tax and to make it available for the payment of the Bonds and
Administrative Expenses, and (iv) make any change deemed necessary or advisable by
the City, provided such change is not detrimental to the owners of property subject to the
Maximum Parcel Special Tax. No such amendment shall be approved by the Council if it
violates any other agreement binding upon the City and unless and until it has (i) found
and determined that the amendment is necessary and appropriate and does not materially
adversely affect the rights of the owners of the Bonds or the City has obtained the consent
of one hundred percent (100.00 %) of the owners of the Bonds and (ii) received an
opinion of a nationally recognized bond counsel to the effect that the amendment does
not violate the Act, and is authorized pursuant to the terms of the Bond Indenture and this
Report.
K: \CLIENTS2 \Yorkvi11e \District Formation \SSA 2005 -108 (Pulte)\SSA Report\Autumn Creek SSA Report 4.doc
Special Tax Roll and Report Page 20
United City of Yorkville Special Service Area No. 2005 -108 March 28, 2006
EXHIBIT A
SPECIAL TAX ROLL
AUTUMN CREEK
UNITED CITY OF YORKVILLE SSA NO. 2005-108
SPECIAL TAX ROLL
CALENDAR YEAR 2007 THROUGH CALENDAR YEAR 2034
Permanent Index Number
Levied Maximum Parcel Special 02- 15-376 -001 02 -22- 127 -001 02 -22- 176 -004 02 -22- 251 -002 02 -22 -400 -012
Calendar Tax Per Dwelling Unit SFD THM 5F Q THM SFD THM SFQ THM SFD THM GRAND
Year SFQ THM 28 0 47 0 74 0 102 212 66 46 TOTAL
2007 $2,000.00 $1,700.00 $56,000.00 $0.00 $94,000.00 $0.00 $148,000.00 $0.00 $204,000.00 $360,400.00 $132,000.00 $78,200.00 $1,072,600.00
2008 $2,030.00 $1,726.00 $56,840.00 $0.00 $95,410.00 $0.00 $150,220.00 $0.00 $207,060.00 $365,912.00 $133,980.00 $79,396.00 $1,088,818.00
2009 $2,060.00 $1,752.00 $57,680.00 $0.00 $96,820.00 $0.00 $152,440.00 $0.00 $210,120.00 $371,424.00 $135,960.00 $80,592.00 $1,105,036.00
2010 $2,091.00 $1,778.00 $58,548.00 $0.00 $98,277.00 $0.00 $154,734.00 $0.00 $213,282.00 $376,936.00 $138,006.00 $81,788.00 $1,121,571.00
2011 $2,122.00 $1,805.00 $59,416.00 $0.00 $99,734.00 $0.00 $157,028.00 $0.00 $216,444.00 $382,660.00 $140,052.00 $83,030.00 $1,138,364.00
2012 $2,154.00 $1,832.00 $60,312.00 $0.00 $101,238.00 $0.00 $159,396.00 $0.00 $219,708.00 $388,384.00 $142,164.00 $84,272.00 $1,155,474.00
2013 $2,186.00 $1,859.00 $61,208.00 $0.00 $102,742.00 $0.00 $161,764.00 $0.00 $222,972.00 $394,108.00 $144,276.00 $85,514.00 $1,172,584.00
2014 $2,219.00 $1,887.00 $62,132.00 $0.00 $104,293.00 $0.00 $164,206.00 $0.00 $226,338.00 $400,044.00 $146,454.00 $86,802.00 $1,190,269.00
2015 $2,252.00 $1,915.00 $63,056.00 $0.00 $105,844.00 $0.00 $166,648.00 $0.00 $229,704.00 $405,980.00 $148,632.00 $88,090.00 $1,207,954.00
2016 $2,286.00 $1,944.00 $64,008.00 $0.00 $107,442.00 $0.00 $169,164.00 $0.00 $233,172.00 $412,128.00 $150,876.00 $89,424.00 $1,226,214.00
2017 $2,320.00 $1,973.00 $64,960.00 $0.00 $109,040.00 $0.00 $171,680.00 $0.00 $236,640.00 $418,276.00 $153,120.00 $90,758.00 $1,244,474.00
2018 $2,355.00 $2,003.00 $65,940.00 $0.00 $110,685.00 $0.00 $174,270.00 $0.00 $240,210.00 $424,636.00 $155,430.00 $92,138.00 $1,263,309.00
2019 $2,390.00 $2,033.00 $66,920.00 $0.00 $112,330.00 $0.00 $176,860.00 $0.00 $243,780.00 $430,996.00 $157,740.00 $93,518.00 $1,282,144.00
2020 $2,426.00 $2,063.00 $67,928.00 $0.00 $114,022.00 $0.00 $179,524.00 $0.00 $247,452.00 $437,356.00 $160,116.00 $94,898.00 $1,301,296.00
2021 $2,462.00 $2,094.00 $68,936.00 $0.00 $115,714.00 $0.00 $182,188.00 $0.00 $251,124.00 $443,928.00 $162,492.00 $96,324.00 $1,320,706.00
2022 $2,499.00 $2,125.00 $69,972.00 $0.00 $117,453.00 $0.00 $184,926.00 $0.00 $254,898.00 $450,500.00 $164,934.00 $97,750.00 $1,340,433.00
2023 $2,536.00 $2,157.00 $71,008.00 $0.00 $119,192.00 $0.00 $187,664.00 $0.00 $258,672.00 $457,284.00 $167,376.00 $99,222.00 $1,360,418.00
2024 $2,574.00 $2,189.00 $72,072.00 $0.00 $120,978.00 $0.00 $190,476.00 $0.00 $262,548.00 $464,068.00 $169,884.00 $100,694.00 $1,380,720.00
2025 $2,613.00 $2,222.00 $73,164.00 $0.00 $122,811.00 $0.00 $193,362.00 $0.00 $266,526.00 $471,064.00 $172,458.00 $102,212.00 $1,401,597.00
2026 $2,652.00 $2,255.00 $74,256.00 $0.00 $124,644.00 $0.00 $196,248.00 $0.00 $270,504.00 $478,060.00 $175,032.00 $103,730.00 $1,422,474.00
2027 $2,692.00 $2,289.00 $75,376.00 $0.00 $126,524.00 $0.00 $199,208.00 $0.00 $274,584.00 $485,268.00 $177,672.00 $105,294.00 $1,443,926.00
2028 $2,732.00 $2,323.00 $76,496.00 $0.00 $128,404.00 $0.00 $202,168.00 $0.00 $278,664.00 $492,476.00 $180,312.00 $106,858.00 $1,465,378.00
2029 $2,773.00 $2,358.00 $77,644.00 $0.00 $130,331.00 $0.00 $205,202.00 $0.00 $282,846.00 $499,896.00 $183,018.00 $108,468.00 $1,487,405.00
2030 $2,815.00 $2,393.00 $78,820.00 $0.00 $132,305.00 $0.00 $208,310.00 $0.00 $287,130.00 $507,316.00 $185,790.00 $110,078.00 $1,509,749.00
2031 $2,857.00 $2,429.00 $79,996.00 $0.00 $134,279.00 $0.00 $211,418.00 $0.00 $291,414.00 $514,948.00 $188,562.00 $111,734.00 $1,532,351.00
2032 $2,900.00 $2,465.00 $81,200.00 $0.00 $136,300.00 $0.00 $214,600.00 $0.00 $295,800.00 $522,580.00 $191,400.00 $113,390.00 $1,555,270.00
2033 $2,944.00 $2,502.00 $82,432.00 $0.00 $138,368.00 $0.00 $217,856.00 $0.00 $300,288.00 $530,424.00 $194,304.00 $115,092.00 $1,578,764.00
2034 $2,988.00 $2,540.00 $83,664.00 $0.00 $140,436.00 $0.00 $221,112.00 $0.00 $304,776.00 $538,480.00 $197,208.00 $116,840.00 $1,602,516.00
EXHIBIT B
PREPAYMENT OF THE
MAXIMUM PARCEL SPECIAL TAX
i
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NO. 2005-108
PREPAYMENT FORMULA
All capitalized terms not defined in this Exhibit B shall have the meaning given to such terms in
the Report.
A. OPTIONAL PREPAYMENT OF THE MAXIMUM PARCEL SPECIAL TAX
Pursuant to Section VI.F of the Report, the Maximum Parcel Special Tax may be prepaid
and permanently satisfied under the conditions set forth therein. The Special Tax Bond
Prepayment for a Parcel means an amount equal to (a) the sum of (1) Principal, (2)
Premium, (3) Defeasance, and (4) Fees and (b) minus (1) the Reserve Fund Credit and (2)
the Capitalized Interest Credit, where the terms "Principal," "Premium," " Defeasance,"
"Fees," "Reserve Fund Credit," and "Capitalized Interest Credit" have the following
meanings:
"Principal" means the principal amount of Bonds to be redeemed and equals the
quotient derived by dividing (a) the then current Maximum Parcel Special Tax for
the Parcel intending to prepay by (b) the corresponding Maximum Parcel Special
Taxes for SSA No. 2005 -108, (and excluding from (b) that portion of the
Maximum Parcel Special Tax for any Parcel(s) that has been prepaid), and
multiplying the quotient by the principal amount of outstanding Bonds less any
principal which has been prepaid but not yet applied toward the redemption of
Bonds.
"Premium" means an amount equal to the Principal multiplied by the applicable
redemption premium, if any, for any Bonds so redeemed with the proceeds of any
such prepayment. Any applicable redemption premium shall be as set forth in the
Bond Indenture.
" Defeasance" means the amount needed to pay interest on the Principal to be
redeemed until the earliest redemption date for the outstanding Bonds less any
Special Taxes heretofore paid for such Parcel and available to pay interest on the
redemption date for the Bonds.
"Fees" equal the expenses of SSA No. 2005 -108 associated with the Special Tax
Bond Prepayment as calculated by the City or its designee and include, but are not
limited to, the costs of computing the Special Tax Bond Prepayment, the costs of
redeeming the Bonds, and the costs of recording and publishing any notices to
evidence the Special Tax Bond Prepayment and the redemption of Bonds.
"Reserve Fund Credit" shall equal the lesser of the Reserve Fund Requirement
(as such term is defined in the Bond Indenture) and the balance in the Reserve
Fund (as such term is defined in the Bond Indenture) multiplied by the quotient
used to calculate Principal.
B -1
"Capitalized Interest Credit" shall equal the reduction in interest payable on the
Bonds due to the redemption of Principal from the Special Tax Bond Prepayment
from the redemption date for the Bonds redeemed from the Special Tax Bond
Prepayment to the end of the capitalized interest period, as determined by the
Consultant. No capitalized interest credit is given if the redemption date for the
Bonds redeemed from the Special Tax Bond Prepayment is after the capitalized
interest period.
The amount of any Partial Special Tax Bond Prepayment shall be computed pursuant to
the preceding prepayment formula substituting the portion of the Maximum Parcel
Special Tax to be prepaid for the Maximum Parcel Special Tax when computing
Principal. The amount of any Special Tax Bond Prepayment or Partial Special Tax Bond
Prepayment computed pursuant to this Section A shall not exceed the Bonds plus any
Premium, Defeasance, and Fees as such terms are defined herein;
The sum of the amounts calculated above shall be paid to the City, deposited with the
trustee, and used to pay and redeem Bonds in accordance with the Bond Indenture and to
pay the Fees associated with the Special Tax Bond Prepayment. Upon the payment of the
Special Tax Bond Prepayment amount to the City, the obligation to pay the portion of the
Maximum Parcel Special Tax which is prepaid for such Parcel shall be deemed to be
permanently satisfied, such portion of the Maximum Parcel Special Tax shall not be
collected thereafter from such Parcel, and in the event the entire Maximum Parcel Special
Tax is prepaid the trustee shall cause a satisfaction of special tax lien for such Parcel to
be recorded within 30 working days of receipt of the Special Tax Bond Prepayment.
B. MANDATORY PREPAYMENT OF THE MAXIMUM PARCEL SPECIAL TAX
Any Mandatory Special Tax Prepayment required pursuant to Section VI.G of the Special
Tax Roll and Report of SSA No. 2005 -108 will be calculated using the prepayment
formula described in Section A above with the following modifications:
The difference between the special taxes required for 110% debt service
coverage and the amount to which the Maximum Parcel Special Taxes
have been reduced shall serve as the numerator when computing Principal;
and
No Reserve Fund Credit or Capitalized Interest Credit shall be given.
The amount of any Mandatory Special Tax Prepayment shall not exceed the Bonds plus
any Premium, Defeasance, and Fees as such terms are defined in Section A above.
B -2