Ordinance 2005-003 240500012263
Filed For Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
05 -03 -2005 At 09:27 an.
)ss. ORDINANCE 31.00
COUNTY OF KENDALL )
ORDINANCE NO. 2005- D
ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2005 FOR
MENARD. INC-
A WISCONSIN CORPORATION
(PRAIRIE MEADOWS SUBDIVISION)
NOW COMES, MENARD, INC., a Wisconsin Corporation, the Owner and Developer of
100% real property except for Lots 12, 13, 14, 15, and 88, and AMG HOMES, INC., an Illinois
Corporation, the Owner of Lots 12, 13,14,15, and 88 of the PRAIRIE MEADOWS SUBDIVISION
and the UNITED CITY OF YORKVILLE herein after referred to as "CITY" who agree to create a
Special Service area upon the following terms and conditions:
WHEREAS, MENARD, INC., wishes to provide additional security to the UNITED CITY
OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the Prairie
Meadows Subdivision; and
WHEREAS, the owner of 100% of the subject real property hereinafter described in the
attached Exhibit "A" has entered into a Declaration of Covenant and Restrictions for the Prairie
Meadows Homeowners' Association dated ((4 ( l7q providing for repair and
maintenance of monuments, signage, landscaping, other common area maintenance responsibilities,
I �
and administrative expenses for said Development; and
WHEREAS, the Declaration of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners' Association of the Prairie
Meadows Subdivision to have maintenance and repair responsibility for the above specified
purposes; and
WHEREAS, the CITY is desirous of providing a back -up mechanism providing for the
payment of any cost of maintenance and repair of the above - described purposes as well as any
common elements, and subdivision entrance monumentation and signage to the Prairie Meadows
Subdivision and if the Homeowners' Association of the Prairie Meadows Subdivision does not
satisfactorily, in the opinion of the CITY, maintain those items above listed up to a safe and passable
standard for the residents of the Prairie Meadows Subdivision that a mechanism be established in
order to provide that services are provided, which shall not become a tax burden on the general
citizenry of the CITY; and
WHEREAS, pursuant to 35 ILCS 200\27 -5 (2002) et. seq. provides for the creation of
Special Service Area for the provision of municipal responsibility to be assessed to a given area to
finance those maintenance and improvements to the specifically designated area, providing unique
and special services contained in said Service Area; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE AS FOLLOWS:
SECTION I
That a Special Service Area is created for tax purposes in the Prairie Meadows Subdivision
covering all platted lots within said SUBDIVISION, known as "Prairie Meadows Subdivision ".
2
That the area designated for coverage by said Special Service Area is as set out in the
attached Exhibit "A" to this Ordinance.
SECTION II
That said Special Service Area is being created as a secondary source of financing to provide
for any maintenance and repair of landscaping, subdivision entrance monumentation, and signage
within common areas not carried out by the Prairie Meadows Homeowners' Association as well as
the associated administrative expenses incurred by the CITY.
SECTION III
That prior to the imposition of any levy of taxes pursuant to an act creating a Special Service
Area Tax Act, 35 ILCS 200\27 -5 (2002) et seq., a hearing shall be held in accordance with said
Statute providing for the amount of taxes to be levied, the purposes for which said taxes are levied,
and the necessity of levying said tax against the Prairie Meadows Subdivision only in the event that
the Homeowners= Association of said Subdivision does not maintain the above specified
improvements, as well as common areas, subdivision entrance monumentation and signage of said
Subdivision in a safe and passable manner.
SECTION IV
That any tax so levied shall be levied based on the assessed value of each of the taxable units
located within said Subdivision. Notification of said levy shall be given in accordance with said
Statute above cited in conformance with Illinois Compiled Statutes as to each individual dwelling
unit owner on any platted lot in said Subdivision.
SECTION V
The UNITED CITY OF YORKVILLE shall have power to issue Bonds pursuant to said
3
Special Service Area Tax Act to complete said work and to levy repayment on an annual real estate
{ tax bill basis against each dwelling unit within the Prairie Meadows Subdivision.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS G RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of ., A.D. 20
J
1
ZA�
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of �a'� -��-� `'� , A.D. 20_QL
a
Attest:
ITY CLE
Prepared by & Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
� 4
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
I
PRAIRIE MEADOWS SUBDIVISION
CONSENT TO CREATION OF SPECIAL SERVICE TAx AREA
NOW COMES, MENARD, INC., a Wisconsin Corporation, the Owner and Developer of
100% of the real property except for Lots 12, 13, 14, 15, and 88, and AMG HOMES, INC., an
Illinois Corporation, the Owner of Lots 12, 13, 14, 15, and 88 of the real property of Prairie
Meadows Subdivision who do hereby irrevocably consent and agree to the creation of a Special Tax
Service Tax Area pursuant to 35 ILCS 200/27 -5 (2002) et. seq. and do further waive notice of all
right to hearings and publications thereof.
The undersigned further waive notice and consent to imposition of said Special Tax Service
Area as a back -up funding mechanism for said improvements and maintenance on the real property
described in the attached Exhibit "A ".
This waiver and consents shall be binding upon Owner and its successors, heirs, and assigns.
1
OWNER and DEVELOPER: OWNER of Lots 12, 13, 14, 15, and 88:
MENARD, INC., AMG HOMES, INC.,
a Wisconsin Corporation an Illinois Corporation
B y : By:
Attest: A r _.,�j �v Attest:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street_
Yorkville, Illinois 60560
630.553.9500
2
EXHIBIT A
FULL LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF SECTION 21 AND 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 OF THE ORIGINAL BRISTOL AND
OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST
AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS
FROM THE SOUTHEAST CORNER.OF SAID SECTION 22; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23
MINUTES 07 SECONDS WITH THE CENTER LINE OF U.S. ROUTE 34,
MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07
MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED
CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG
A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS
WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE
HEREINAFTER REFERRED TO AS "LINE A "; THENCE SOUTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35
SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN
ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER - CLOCKWISE THEREFROM,
2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE
EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96
DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE,
MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57
FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO
THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN
ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER - CLOCKWISE THEREFROM,
507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH
FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE
LAST DESCRIBED COURSE, MEASURED COUNTER - CLOCKWISE
THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE
SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED
1295.68 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PART OF LOT 3
OF MENARDS COMMERCIAL COMMONS, BEING A SUBDIVISION OF PART OF
SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19
MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3,
1445.56 FEET; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST,
715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST,
36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 SECONDS WEST,
1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST,
103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST,
91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST,
453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST,
14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST,
596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49
DEGREES 50 MINUTES 06 SECONDS EAST, ALONG AN EASTERLY LINE OF
SAID LOT 3, 711.52 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE
NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 1964.59 FEET TO THE
POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
{