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HomeMy WebLinkAboutT1-09 (2) THIS ORDINANCE WAS TABLED AT FEBRUARY 11, 2009 COUNCIL MEETING Ordinance No.T1-09 AN ORDINANCE ESTABLISHING THE CASTLE CREEK SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #22) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(1) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Castle Creek Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the "Special Service Area"); and WHEREAS, the Special Service Area is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T36-08, entitled "An Ordinance Proposing the Establishment of the Castle Creek Subdivision Special Service Area in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures," that Resolution having been duly passed on November 5, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on December 3, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the "Hearing"); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before November 12, 2008, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was 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 Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS, the Notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. 2 Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on December 3, 2008 at 9:00 pm. Section 3. Establishment of the Special Service Area. The Castle Creek Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The Castle Creek Subdivision Special Service Area consists of approximately 34.134 acres located on the southeast side of Villa Street (State Route 20) and Lambert Lane in the City of Elgin. An accurate map of the Castle Creek Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Castle Creek Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Castle Creek Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Castle Creek Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Castle Creek Subdivision Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Castle Creek Subdivision Special Service Area in an amount not to exceed an annual rate of 2.181 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Castle Creek Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Castle Creek Home Owners' Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Castle Creek Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $89,620.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. 3 Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. TABLED Ed Schock, Mayor Presented: February 11, 2009 Passed: TABLED Omnibus Vote: Yeas: 5 Nays: 0 Recorded: TABLED Published: TABLED Attest: TABLED Diane Robertson, City Clerk 4 NOTICE OF HEARING CITY OF ELGIN CASTLE CREEK SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 3, 2008, at 7:00 p.m. in the City Coun- cil Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consist- ing of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 1801 Villa Street in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establish- ment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of de- sign, engineering and other consulting services, surveying and permits,public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service Area will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 2.181 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establish- ing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code(35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $89,620.00 annually for the cost of the ser- vices described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services de- scribed above as said services become necessary and are provided by the City of Elgin. Notwith- standing the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other prop- erty owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without 1 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 objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Ser- vice Area has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent(51%)of the owners of record of the land included within the boundaries of the proposed Special Service Area, and is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Ser- vice Area may be established nor any tax levied or imposed. Dated this 12th Day of November, 2008. Diane Robertson CITY CLERK Exhibit A Castle Creek Parts of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Parcel 1 : That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line Hereafter Referred to as Line "A" and Which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line that is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet to the Point of Beginning; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 128.71 Feet; Thence South 36 Degrees 35 Minutes 45 Seconds West, 228.93 Feet; Thence South 63 Degrees 52 Minutes 14 Seconds West, 401 .92 Feet to the Easterly Line of Parcel Two of the Spaulding Property as Described in a Deed Recorded April 28, 1980 as Document No. 25437947; Thence North 06 Degrees 29 Minutes 55 Seconds West Along Said Easterly Line, 1222.99 Feet to the Northeast Corner of Said Parcel Two of the Spaulding Property; Thence North 88 Degrees 33 Minutes 58 Seconds East Parallel With the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, 833.96 Feet (Deed Being 829.49 Feet); Thence North 89 Degrees 46 Minutes 58 Seconds East Along a Line that Forms an Angle of 89 Degrees 34 Minutes 17 Seconds to the Right with the Prolongation of the Last Described Course, 9.83 Feet to the Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 230.46 Feet; Thence South 00 Degrees 11 Minutes 53 Seconds West, 116.65 Feet; Thence South 71 Degrees 24 Minutes 31 Seconds East, 79.04 Feet; Thence North 00 Degrees 11 Minutes 53 Seconds East, 112.11 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 179.89 Feet; Thence South 14 Degrees 43 Minutes 36 Seconds West, 77.60 Feet; Thence South 75 Degrees 16 Minutes 24 Seconds East, 25.00 Feet; Thence North 14 Degrees 43 Minutes 36 Seconds East, 74.56 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 83.11 Feet to Aforesaid Line "A"; Thence South 00 Degrees 16 Minutes 37 Seconds East Along Said Line "A", 1224.31 Feet to the Point of Beginning, in Cook County, Illinois. Parcel 2: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Meridian, Described as Follows: Commencing at the Northeast Corner of Said Northeast Quarter of Section 29; Thence South 00 Degrees 14 Minutes 25 Seconds West Along the East Line of Said Northeast Quarter of Section 29, a Distance of 554.40 Feet to the Center Line of Old Illinois Highway Route No. 5; Thence North 86 Degrees 09 Minutes 08 Seconds West(North 84 Degrees 30 Minutes West— Deed) Along Said Center Line, a Distance of 657.36 Feet; Thence South 00 Degrees 23 Minutes 57 Seconds West, a Distance of 2173.38 Feet (2173.38 Feet — Deed) to a Point on the South Line of Said Northeast Quarter of Section 29 that is 655.38 Feet East of the Southwest Corner of the East Half of Said Northeast Quarter; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter, a Distance of 759.13 Feet (762.8 Feet — Deed) to a Point 1214.00 Feet East of the Southwest Corner of Said Northeast Quarter of Section 29;Thence North 06 Degrees 29 Minutes 55 Seconds West, 1590.00 Feet to a Point 1033.00 Feet East of the West Line of Said Northeast Quarter of Section 29 for the Point of Beginning; Thence North 88 Degrees 33 Minutes 58 Seconds East, Parallel with the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, a Distance of 807.85 Feet to the Southerly Right of Way Line of Old Illinois Highway Route No. 5 as Established from Sheet 2 of 3 of a Strip Map for Route 5 Obtained from the Illinois Transportation Department of Transportation; Thence North 68 Degrees 45 Minutes 22 Seconds West Along Said Southerly Right of Way Line, a Distance of 12.59 Feet; Thence South 73 Degrees 26 Minutes 34 Seconds West, a Distance of 11 .60 Feet; Thence South 54 Degrees 06 Minutes 49 Seconds West, a Distance of 22.36 Feet; Thence South 27 Degrees 32 Minutes 55 Seconds West, a Distance of 581 .89 Feet to a Point of Curvature; Thence Southerly Along a Curve Concave to the East having a Radius of 502.22 Feet an Arc Distance of 298.44 Feet to the Point of Beginning, the Chord of Said Curve having a Length of 294.06 Feet and a Bearing of South 10 Degrees 31 Minutes 30 Seconds West, in Cook County, Illinois. Parcel 3: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line That is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet to the Point of Beginning; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 110.01 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 275.40 Feet; Thence North 47 Degrees 03 Minutes 32 Seconds East, 110.00 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 38.93 Feet to the East Line of Land Conveyed to LaSalle National Bank Trust No. 109701 by Document No. 89496203; Thence North 00 Degrees 23 Minutes 57 Seconds East Along Said East Line, 87.93 Feet; Thence North 42 Degrees 37 Minutes 47 Seconds West, 209.99 Feet to the Point of Beginning, in Cook County, Illinois. 1 A Exhibit B N 1000 0 1000 Feet T. 41 N. 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All newspapers meet Illinois Compiled Statue requirements for publication of Notices per Chapter 715 ILCS 5/0.01 et seq.R.S.1874,P728 Sec 1,EFF.July 1, 1874.Amended By Laws 1959,PI494,and EFF.luly 17,1959.Formerly 11 Rev.Stat.1991, Cl1100,Pl.. Note: Legal Notice appeared in the following checked positions. PUBLICATION DATE(S): ////-// El The Beacon News ®The Courier News ❑The Herald News El The News Sun ❑The Naperville Sun Weekly Papers ❑Batavia Sun ❑Bolingbrook Sun ❑Downers Grove Sun ❑Fox Valley Villages Sun ❑Geneva Sun El Glen Ellyn Sun ❑Homer Township/Lockport/Lemont Sun ❑Lincoln Way Sun ❑Lisle Sun ❑Plainfield Sun ❑St.Charles Sun ❑Wheaton Sun IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certificate to be signed and its official seal affixed at Aurora,Illinois By OFFICIAL SEAL / ^` �' KIAIERY S FRANZEN v// NOTARY AMC-STATE OF LUMPS 11Y CO PASSION EXPtRES:10r1M2 John G.Bieschke Legal Advertising Manager(Official Title) Subscribed and sworn to before me 's > Day of l71- k D.ea/Z72,,- /3y: 7J,IIy I� o. Yub i rfeJ �. a a Ie n! A 1t X a a p r -1a- i t y� ���� � V =�#� n J= = e vk a = o i p li1T aid 5 1 4yJ y;...latiro° s yz Q= viii Js= 1! nigga �� D3t -S �_ >SnJi si riglpItJ 51is n J�K r 8 i ° E + K. � ■aeg ■ n is Q6u 7��t rd. a ��g 5 f � sx �i! s �- = r S � � g � ��� ��♦♦♦♦ j �I �~ � � It�arn � ! � ,,�,,,���� Sdasr�f ! � za .1 � 13 {!! a 4 �`� a :;d ?!_ ibliii rziliN r = �ri5 _ H ritliP li 7!= iiY igil [!iiPPli id `11111/' e =; i i n 1 =� r r :iso i 3 Y�o(]�y{I. 3l 1C�`7�wil uy�if ;Ti 12 11 q 4 �y`"I��ll�=8 `y n N.'`.1-1g 7a .1.1- i� ? °it�I 1I4 1is y RY R �=1� i� f � � ,meQ. 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The approximate location of the proposed Special Service Area is 1801 Villa Street in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establish- ment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of de- sign, engineering and other consulting services, surveying and permits,public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service Area will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 2.181 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establish- ing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code(35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $89,620.00 annually for the cost of the ser- vices described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services de- scribed above as said services become necessary and are provided by the City of Elgin.Notwith- standing the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other prop- erty owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date 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 objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Ser- vice Area has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent(51%)of the owners of record of the land included within the boundaries of the proposed Special Service Area, and is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Ser- vice Area may be established nor any tax levied or imposed. Dated this 12th Day of November, 2008. Diane Robertson CITY CLERK Exhibit A Castle Creek Parts of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Parcel 1 : That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line Hereafter Referred to as Line "A" and Which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line that is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet to the Point of Beginning; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 128.71 Feet; Thence South 36 Degrees 35 Minutes 45 Seconds West, 228.93 Feet; Thence South 63 Degrees 52 Minutes 14 Seconds West, 401 .92 Feet to the Easterly Line of Parcel Two of the Spaulding Property as Described in a Deed Recorded April 28, 1980 as Document No. 25437947; Thence North 06 Degrees 29 Minutes 55 Seconds West Along Said Easterly Line, 1222.99 Feet to the Northeast Corner of Said Parcel Two of the Spaulding Property; Thence North 88 Degrees 33 Minutes 58 Seconds East Parallel With the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, 833.96 Feet (Deed Being 829.49 Feet); Thence North 89 Degrees 46 Minutes 58 Seconds East Along a Line that Forms an Angle of 89 Degrees 34 Minutes 17 Seconds to the Right with the Prolongation of the Last Described Course, 9.83 Feet to the Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 230.46 Feet; Thence South 00 Degrees 11 Minutes 53 Seconds West, 116.65 Feet; Thence South 71 Degrees 24 Minutes 31 Seconds East, 79.04 Feet; Thence North 00 Degrees 11 Minutes 53 Seconds East, 112.11 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 179.89 Feet; Thence South 14 Degrees 43 Minutes 36 Seconds West, 77.60 Feet; Thence South 75 Degrees 16 Minutes 24 Seconds East, 25.00 Feet; Thence North 14 Degrees 43 Minutes 36 Seconds East, 74.56 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 83.11 Feet to Aforesaid Line "A"; Thence South 00 Degrees 16 Minutes 37 Seconds East Along Said Line"A", 1224.31 Feet to the Point of Beginning, in Cook County, Illinois. Parcel 2: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Meridian, Described as Follows: Commencing at the Northeast Corner of Said Northeast Quarter of Section 29; Thence South 00 Degrees 14 Minutes 25 Seconds West Along the East Line of Said Northeast Quarter of Section 29, a Distance of 554.40 Feet to the Center Line of Old Illinois Highway Route No. 5; Thence North 86 Degrees 09 Minutes 08 Seconds West(North 84 Degrees 30 Minutes West— Deed)Along Said Center Line, a Distance of 657.36 Feet; Thence South 00 Degrees 23 Minutes 57 Seconds West, a Distance of 2173.38 Feet(2173.38 Feet — Deed) to a Point on the South Line of Said Northeast Quarter of Section 29 that is 655.38 Feet East of the Southwest Corner of the East Half of Said Northeast Quarter; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter, a Distance of 759.13 Feet (762.8 Feet — Deed) to a Point 1214.00 Feet East of the Southwest Corner of Said Northeast Quarter of Section 29;Thence North 06 Degrees 29 Minutes 55 Seconds West, 1590.00 Feet to a Point 1033.00 Feet East of the West Line of Said Northeast Quarter of Section 29 for the Point of Beginning; Thence North 88 Degrees 33 Minutes 58 Seconds East, Parallel with the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, a Distance of 807.85 Feet to the Southerly Right of Way Line of Old Illinois Highway Route No. 5 as Established from Sheet 2 of 3 of a Strip Map for Route 5 Obtained from the Illinois Transportation Department of Transportation; Thence North 68 Degrees 45 Minutes 22 Seconds West Along Said Southerly Right of Way Line, a Distance of 12.59 Feet; Thence South 73 Degrees 26 Minutes 34 Seconds West, a Distance of 11.60 Feet; Thence South 54 Degrees 06 Minutes 49 Seconds West, a Distance of 22.36 Feet; Thence South 27 Degrees 32 Minutes 55 Seconds West, a Distance of 581.89 Feet to a Point of Curvature; Thence Southerly Along a Curve Concave to the East having a Radius of 502.22 Feet an Arc Distance of 298.44 Feet to the Point of Beginning, the Chord of Said Curve having a Length of 294.06 Feet and a Bearing of South 10 Degrees 31 Minutes 30 Seconds West, in Cook County, Illinois. Parcel 3: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line That is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet to the Point of Beginning; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 110.01 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 275.40 Feet; Thence North 47 Degrees 03 Minutes 32 Seconds East, 110.00 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 38.93 Feet to the East Line of Land Conveyed to LaSalle National Bank Trust No. 109701 by Document No. 89496203; Thence North 00 Degrees 23 Minutes 57 Seconds East Along Said East Line, 87.93 Feet; Thence North 42 Degrees 37 Minutes 47 Seconds West, 209.99 Feet to the Point of Beginning, in Cook County, Illinois. Q Exhibit B N 1000 0 1000 Feet T. 41 N. Castle Creek I Ili __.__-- ,_ ipl likoor , • 21 0 lirr --L1111‘44,...„„ li' O. trial. - bik 11 ' ' �+ 1 Territory of IT SSA District 04 i� o iw_______J - -J 29 z 28 - -1 ..44( 11 III a Mdor 1.1 —� maw, 111 in I I t- r, i4 — 3 1 Legal Description SSA#22 Castle Creek EXHIBIT C Exhibit C Castle Creek Parts of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Parcel 1: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line Hereafter Referred to as Line "A" and Which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line that is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet to the Point of Beginning; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 128.71 Feet; Thence South 36 Degrees 35 Minutes 45 Seconds West, 228.93 Feet; Thence South 63 Degrees 52 Minutes 14 Seconds West, 401 .92 Feet to the Easterly Line of Parcel Two of the Spaulding Property as Described in a Deed Recorded April 28, 1980 as Document No. 25437947; Thence North 06 Degrees 29 Minutes 55 Seconds West Along Said Easterly Line, 1222.99 Feet to the Northeast Corner of Said Parcel Two of the Spaulding Property; Thence North 88 Degrees 33 Minutes 58 Seconds East Parallel With the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, 833.96 Feet (Deed Being 829.49 Feet); Thence North 89 Degrees 46 Minutes 58 Seconds East Along a Line that Forms an Angle of 89 Degrees 34 Minutes 17 Seconds to the Right with the Prolongation of the Last Described Course, 9.83 Feet to the Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 230.46 Feet; Thence South 00 Degrees 11 Minutes 53 Seconds West, 116.65 Feet; Thence South 71 Degrees 24 Minutes 31 Seconds East, 79.04 Feet; Thence North 00 Degrees 11 Minutes 53 Seconds East, 112.11 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 179.89 Feet; Thence South 14 Degrees 43 Minutes 36 Seconds West, 77.60 Feet; Thence South 75 Degrees 16 Minutes 24 Seconds East, 25.00 Feet; Thence North 14 Degrees 43 Minutes 36 Seconds East, 74.56 Feet to Said Center Line of Old Illinois Highway Route Number 5; Thence South 68 Degrees 20 Minutes 29 Seconds East Along Said Center Line, 83.11 Feet to Aforesaid Line "A"; Thence South 00 Degrees 16 Minutes 37 Seconds East Along Said Line "A", 1224.31 Feet to the Point of Beginning, in Cook County, Illinois. Parcel 2: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Meridian, Described as Follows: Commencing at the Northeast Corner of Said Northeast Quarter of Section 29; Thence South 00 Degrees 14 Minutes 25 Seconds West Along the East Line of Said Northeast Quarter of Section 29, a Distance of 554.40 Feet to the Center Line of Old Illinois Highway Route No. 5; Thence North 86 Degrees 09 Minutes 08 Seconds West(North 84 Degrees 30 Minutes West— Deed) Along Said Center Line, a Distance of 657.36 Feet; Thence South 00 Degrees 23 Minutes 57 Seconds West, a Distance of 2173.38 Feet (2173.38 Feet — Deed) to a Point on the South Line of Said Northeast Quarter of Section 29 that is 655.38 Feet East of the Southwest Corner of the East Half of Said Northeast Quarter; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter, a Distance of 759.13 Feet (762.8 Feet — Deed) to a Point 1214.00 Feet East of the Southwest Corner of Said Northeast Quarter of Section 29;Thence North 06 Degrees 29 Minutes 55 Seconds West, 1590.00 Feet to a Point 1033.00 Feet East of the West Line of Said Northeast Quarter of Section 29 for the Point of Beginning; Thence North 88 Degrees 33 Minutes 58 Seconds East, Parallel with the South Line of Said Northeast Quarter of Section 29, a Distance of 360.94 Feet; Thence North 00 Degrees 12 Minutes 41 Seconds East Along a Line that Forms an Angle of 88 Degrees 21 Minutes 17 Seconds to the Left with the Prolongation of the Last Described Course, a Distance of 807.85 Feet to the Southerly Right of Way Line of Old Illinois Highway Route No. 5 as Established from Sheet 2 of 3 of a Strip Map for Route 5 Obtained from the Illinois Transportation Department of Transportation; Thence North 68 Degrees 45 Minutes 22 Seconds West Along Said Southerly Right of Way Line, a Distance of 12.59 Feet; Thence South 73 Degrees 26 Minutes 34 Seconds West, a Distance of 11 .60 Feet; Thence South 54 Degrees 06 Minutes 49 Seconds West, a Distance of 22.36 Feet; Thence South 27 Degrees 32 Minutes 55 Seconds West, a Distance of 581 .89 Feet to a Point of Curvature; Thence Southerly Along a Curve Concave to the East having a Radius of 502.22 Feet an Arc Distance of 298.44 Feet to the Point of Beginning, the Chord of Said Curve having a Length of 294.06 Feet and a Bearing of South 10 Degrees 31 Minutes 30 Seconds West, in Cook County, Illinois. Parcel 3: That Part of the Northeast Quarter of Section 29, Township 41 North, Range 9 East of the Third Principal Meridian, Described as Follows: Commencing at the Southeast Corner of Said Northeast Quarter of Section 29; Thence South 88 Degrees 33 Minutes 58 Seconds West Along the South Line of Said Northeast Quarter of Section 29, a Distance of 660.00 Feet; Thence North 00 Degrees 16 Minutes 37 Seconds West Along a Line which Intersects the Center Line of U.S. Route No. 20 per Plat of Dedication of S.B.I. Route 5 Recorded November 17, 1932 in Book 301 of Plats, Pages 18 and 19 at a Point on Said Center Line That is 680.02 Feet West of, as Measured Perpendicular to, the East Line of Said Northeast Quarter of Section 29, a Distance of 958.31 Feet; Thence South 41 Degrees 30 Minutes 53 Seconds West, 204.30 Feet to the Point of Beginning; Thence South 81 Degrees 32 Minutes 36 Seconds West, 72.52 Feet; Thence South 46 Degrees 42 Minutes 47 Seconds West, 110.01 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 275.40 Feet; Thence North 47 Degrees 03 Minutes 32 Seconds East, 110.00 Feet; Thence South 42 Degrees 37 Minutes 47 Seconds East, 38.93 Feet to the East Line of Land Conveyed to LaSalle National Bank Trust No. 109701 by Document No. 89496203; Thence North 00 Degrees 23 Minutes 57 Seconds East Along Said East Line, 87.93 Feet; Thence North 42 Degrees 37 Minutes 47 Seconds West, 209.99 Feet to the Point of Beginning, in Cook County, Illinois. Location Map SSA#22 Castle Creek EXHIBIT D Q Exhibit D N 1000 0 1000 Feet T. 41N. Castle Creek 1 D 7 I /- -----) Ido iii in! rck,k . ill •• 21 ` ` j ip I -bilrat AO 7111,/ Territory of pp SSA District ir 11 1. i 10mo. A14. 1 LOL I;. L 29 28 11,11,0r". I imillib -ik.4 um Ilk inn der LiH ,