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HomeMy WebLinkAboutT40-06 (2) �^ ^ . ,c{p , ./V_X_Or d 11111111111111111101 1 'cove 2007K012454 Sandy Wegman SANDY WEGMAN IL Kane County Recorder RECORDER - KANE COUNTI - 719 S Batavia Ave, Bldg C RECORDED: 1/29/2007 10:35 AM • Geneva, IL 60134 REC FEE: 40.00 630-232-5935 PACES. 19 Recording Cover Pale • This page added.for the purpose of affixing Recording Information. H Deed XOther Order G42.)2, ��0--0b UCC Plat • Remarks1 % \i\r / ')\-ii} . t • l' k.c0A &a 1 Vi . P00r4 O1 lG1NAL . Recorder Not Ac;dvorl'b4e For Reproductions U 1v 20 '- 6K 27339 * State of Illinois) SAN • WEGMAN County of Kane) ss RECORDE' - KA COUNTY, IL City of Elgin ) ETH, ►31: 1111//21 06 1:45 PM RECPAGES: 8 CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. T40-06 AN ORDINANCE ESTABLISHING THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#12) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA passed by the Elgin City Council at its legally convened meeting held on November 8, 2006. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this November 17, 2006. ine—c-te's1-" City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation CounselElgin City Clerk City of Elgin r),,, 150 Dexter Court 150 Dexter Court Elgin, IL 60120 POOR ORIGINAL Elgin, IL 60120 Room*Not R eponsk * RE-RECORDED TO INCLUDE LEGAL DESCRIPTION For%prodkCnes Ordinance No.T40-06 AN ORDINANCE ESTABLISHING THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#12) 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 C to this ordinance be established as the Bowes Creek Country Club 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. T30-06, entitled "An Ordinance Proposing the Establishment of the Bowes Creek Country Club Subdivision Special Service Area • in the City of Elgin and Providing for a Public Hearing and Other Related Procedures," that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 2006, 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 August 4, 2006, 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. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on August 23, 2006 at 7:44 pm. 2 Section 3. Establishment of the Special Service Area. The Bowes Creek Country Club 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 Bowes Creek Country Club Subdivision Special Service Area consists of approximately 604.0 acres in the City of Elgin. An accurate map of the Bowes Creek Country Club 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 Tyler Creek Plaza Resubdivision No.1 Subdivision 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 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 Bowes Creek Country Club 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 Bowes Creek Country Club 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 Bowes Creek Country Club 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 Bowes Creek Country Club Subdivision Special Service Area in an amount not to exceed an annual rate of .475 [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 Bowes Creek Country Club Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Home Owner's 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 Bowes Creek Country Club Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately$289,500.00 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. 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. 3 • 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. s/Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 NOTICE OF HEARING .,:,,.,:_ ,, ;< v CITY OF ELGIN The • BOWES CREEK COUNTRY CLUB SUBDIVISION COeurierNews SPECIAL SERVICES AREA Certificate of Publication in NOTICE IS HEREBY GIVEN that on August 23,2006,at 7:00 p.m.in the City Council Chambers of Elgin STATE OF ILLINOIS City Hall,150 Dexter Court,Elgin,lllinois,a hearing will be held by the City Council of the City of Elgin to con- sider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is COUNTY OF KANE attached to and incorporated by reference into this notice. FOX VALLEY PUBLICATIONS, DOES HEREBY CERTIFY: The approximate location of the proposed Special Service Area is 3600 Bowes Road in the City of Elgin,Kane County,Illinois.An accurate map depicting the location of the proposed Special Service Area is attached to and That it is a corporation duly organized and existing under the laws of the State of Illinois; incorporated by reference into this notice as Exhibit B. That it is the publisher of The Courier News,a secular daily newspaper published in the City All interested persons affected by the proposed establishment of the Special Service Area will be provided of Elgin, in Kane County, Illinois, and of general circulation in said City, County and State; and in with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that the tax levy affecting that Special Service Area. it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"—Ill. Revised The purpose for establishing the Special Service Area is provide services including the operation,mainte- Statutes,Chap. 100,Sections 1,5 and 10. nance,repair,rehabilitation,replacement and reconstruction of any site runoff storage area,drainage way,ditch, swale,storm sewer,or other stormwater facility;costs of design,engineering and other consulting services,sur- veying and permits,public liability insurance,and all administrative,legal and other costs or expenses incurred in That a notice of which the annexed is a true copy has been regularly published in said 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 newspaper QIt,9 time(s) each for to services generally provided by the City of Elgin. successive ; that the At the heating,all persons affected will be provided with an opportunity to be heard.At the hearing;a tax levy for the Special Service will be considered.The proposed annual tax levy for the Special Service Area is in an first publication of said notice was on the N day of. . L( .l t 1,5.7—. . . . , 20 e Co amount not to exceed an annual rate of 0.475 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 ordi- and the last publication thereof was on the day of , 20 — nance establishing 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 that the face of type in which each publication of said notice was printed was the same as the body intended to produce approximately$289,500.00 annually for the cost of the services described above.The City of of type used in the classified advertising in the newspaper in which said publication was made; 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 described above as said services become necessary and are provided by the City of Elgin.Notwithstanding the foregoing,taxes shall not be levied hereunder and the proposed Special Service That said The Courier News has been regularly published in said City, County and State Area shall remain abeyant and shall take effect only in the event the homeowners'or other property owner associ- for at least one year prior to the first publication of said notice. anon 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 In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time executed this Certificate of ublication by its Officer or Agent thereunto duly authorized this and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area,the tax levy,or the imposi- day Of. Cts T 20 0 tion of a tax for the provision of special services to the proposed Special Service Area that has been signed by at FOX V 1I EY PUBLICATIONS 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 r Service Area,is tiled with the City of Elgin City Clerk within sixty(60)days following the final adjournment of B - -. ��� - the public hearing regarding the establishment of the proposed Special Service Area,no such Special Service Area may be established nor any tax levied or imposed. Dated this 4th Day of August,2006. Printer's Fee $JQt.( 7 l. Paid , 20 Delo nn_ _ � um. CITY CLERK No 2/3 Folio Ole s' Exhibit A ( 'O (o Bowes Creek Country Club Parcel 1:That part of the east half of section 25,township 41 north,range 7 east of the third principal meridian, 0 FICIAL SEAL • descr`ud as follows:Commencing at a found iron rod at the northeast corner of the southeast quarter of said sec- BONNIE G. BRAUN lion 25;thence south 00°09'35"east,along the east line of said southeast quarter,a distance of 16.24 feet to the NOTARY PUBLIC,STATE OF ILLINOIS southerly line of Bowes Road for a point of beginning;thence continuing south 00°09'35"east along said east line My Commission Expires April 6,2010 of said section 25,a distance of 553.01 feet to the northerly line of the Illinois gulf and central railroad per deed dated December 8,1886 and recorded as document number 9508;the following two courses are along said norther- ly line; 1)therce northwesterly along a curve concave southerly having a chord bearing of north 72°21'29"west and a radius of 5831.65 fret,for an arc length of 201.82 feet to a point of tangency;2)thence north 73°20'58"west a distance of 0909 feet to*southerly line of said Bowes Road;the following three coteries Am alone said a aaaaa�a v /�v W/ r. ..rte♦ � ,� " Delonna Mecum CITY CLERK ��� No 7/3 Folio Exhibit A H, c�t) &I Bowes Creek Country Club del Parcel l:That part of the east half of section 25,township 41 north,range 7 east of the third principal meridian, described as follows:Commencing at a found iron rod at the northeast corner of the southeast quarter of said sec- tion 25;thence south 00°09'35"east,along the east line of said southeast quarter,a distance of 16.24 feet to the southerly line of Bowes Road for a point of beginning;thence continuing south 00°09'35"east along said east line of said section 25,a distance of 553.01 feet to the northerly line of the Illinois gulf and central railroad per deed dated December 8,1886 and recorded as document number 9508;the following two courses are along said norther- ly line;I)thence northwesterly along a curve concave southerly having a chord bearing of north 72°21'29"west and a radius of 5831.65 feet,for an arc length of 201.82 feet to a point of tangency;2)thence north 73°20'58"west a distance of 1504.99 feet to the southerly line of said Bowes Road;the following three courses are along said southerly line;1)thence easterly along a curve concave northerly having a chord bearing of north 89°35'53"east 1 and a radius of 1735.02 feet,for an arc length of 127.95 feet to a point of tangency;2)thence north 87°29'08"east, 'r a distance of 299.01 feet; thence easterly along a curve concave southerly having a chord bearing of north 87°47'15"east and a radius of 114559.00 feet,for an arc length of 1206.93 feet to the point of beginning,also including that part of Bowes road lying perpendicular to the south line of Bowes Road as described above,all in Kane County lllinois containing 13.01 acres of land more or less. Parcel 2:Those parts of the south half of section 25,the north half of section 36 and the northeast quarter of sec- tion 35 all in township 41 north,range 7 east of the third principal meridian,described as follows:Commencing at a found iron rod at the northeast corner of the southeast quarter of said section 25;thence south 00°09'35"east, along the east line of said southeast quarter,a distance of 770.34 feet to a point of intersection with the south line of the Illinois gulf and central railroad per deed recorded December 8,1886 as document number 9508 for a point of beginning;thence continuing south 00°09'35"east along said east line,a distance of 1869.01 feet to a found iron rod at the northeast corner of the northeast quarter of said section 36;thence south 00°18'36"east along the east line of said northeast quarter,a distance of 2656.69 feet to a found iron rod at the southeast corner of said northeast quarter;thence south 88°31'19"west along the south line of the north half of said section 36,a distance of 5335.16 feet to a found iron rod at the southwest corner of the northwest quarter of said section 36;thence south 88°09'53" west along the south line of the northeast quarter of said section 35,a distance of 1679.35 feet to a found iron rod; thence north 00°27'05"west,a distance of 877.10 feet to a found iron rod;thence north 84°29'44"west,a distance of 30.16 feet to a line 300.00 feet southeasterly of and parallel with the centerline of Corron Road as monumented and occupied;thence northeasterly along a curve concave northwesterly having a chord bearing of north 30°21'17" • east and a radius of 4901.00 feet,for an arc length of 624.57 feet to the south line of Sturbridge,according to the plat of subdivision thereof recorded September 16, 1978 as document number 1479286;thence south 83°40'33" east along the south line of said subdivision,1425.81 feet to a found concrete monument at the southeast corner of said subdivision being also a point on the west line of the northwest quarter of said section 36;thence north 00°48'45"east along said west line,1450.58 feet to a found iron rod at northwest corner of the northwest quarter of said section 36;thence north 88031'25"east along the north line of said northwest quarter,a distance of 1320.77 feet to the west line of the east half of the southwest quarter of said section 25;thence north 00°46'42"west along said west line,a distance of 2645.67 feet to the north line of said southwest quarter;thence north 88°37'18"east along said north line,a distance of 1308.56 feet to the southerly line of a parcel conveyed to Commonwealth Edison Company per deed recorded march 16,1978 as document number 1448597;thence along the boundary of said par- cel for the following three courses; 1)thence south 71°58'14"east,a distance of 220.82 feet;2)thence south 73°20'58"east,a distance of 772.87 feet;3)thence north 00°04'47"west,a distance of 108.60 feet to the south line of the aforesaid Illinois Gulf and Central Railroad;the following two courses are along the south line of said rail- road;1)thence south 73°20'58"east,a distance of 1550.94 feet to a tangent curve;2)thence easterly along a curve concave southerly,having a radius of 5641.65 feet for an arc length of 260.03 feet to the point of beginning,all in Kane County Illinois containing 592.07 acres of land more or less(property commonly known as 3600 Bowes `Road). • Exhibit B ,000 ° WOO 1000 ,.., Bowes Creek Country Club ® T.41 N. 23inon* 24 de> INN 26 30 i co r.n*o to v/ = f-" SSA Distr//ict�. / //,%: /'/ BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA NOTICE OF HEARING: MAILING Exhibit B NOTICE OF HEARING CITY OF ELGIN BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on August 23, 2006, at 7:00 p.m. in the City Council 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 consisting 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 3600 Bowes Road in the City of Elgin, Kane 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 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 will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.475 of the equal- ized 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 establishing 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 $289,500.00 annually for the cost of the services 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 described above as said services become necessary and are provided by the City of Elgin. Not- withstanding 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 that 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 re- cord of the land included within the boundaries of the proposed Special Service Area, 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 Service Area may be established nor any tax levied or imposed. Dated this 4th Day of August,2006. Delonna Mecum CITY CLERK Exhibit A Bowes Creek Country Club Parcel 1: That part of the east half of section 25, township 41 north, range 7 east of the third principal meridian, described as follows: Commencing at a found iron rod at the northeast corner of the southeast quarter of said section 25; thence south 00°09'35" east, along the east line of said southeast quarter, a distance of 16.24 feet to the southerly line of Bowes Road for a point of beginning; thence continuing south 00°09'35" east along said east line of said section 25, a distance of 553.01 feet to the northerly line of the Illinois gulf and central railroad per deed dated December 8, 1886 and recorded as document number 9508; the following two courses are along said northerly line; 1) thence northwesterly along a curve concave southerly having a chord bearing of north 72°21'29" west and a radius of 5831.65 feet, for an arc length of 201.82 feet to a point of tangency; 2) thence north 73°20'58" west a distance of 1504.99 feet to the southerly line of said Bowes Road; the following three courses are along said southerly line; 1) thence easterly along a curve concave northerly having a chord bearing of north 89°35'53" east and a radius of 1735.02 feet, for an arc length of 127.95 feet to a point of tangency; 2) thence north 87°29'08" east, a distance of 299.01 feet; thence easterly along a curve concave southerly having a chord bearing of north 87°47'15" east and a radius of 114559.00 feet, for an arc length of 1206.93 feet to the point of beginning, also including that part of Bowes road lying perpendicular to the south line of Bowes Road as described above, all in Kane County Illinois containing 13.01 acres of land more or less. Parcel 2: Those parts of the south half of section 25, the north half of section 36 and the northeast quarter of section 35 all in township 41 north, range 7 east of the third principal meridian, described as follows: Commencing at a found iron rod at the northeast corner of the southeast quarter of said section 25; thence south 00°09'35" east, along the east line of said southeast quarter, a distance of 770.34 feet to a point of intersection with the south line of the Illinois gulf and central railroad per deed recorded December 8, 1886 as document number 9508 for a point of beginning; thence continuing south 00°09'35" east along said east line, a distance of 1869.01 feet to a found iron rod at the northeast corner of the northeast quarter of said section 36; thence south 00°18'36" east along the east line of said northeast quarter, a distance of 2656.69 feet to a found iron rod at the southeast corner of said northeast quarter; thence south 88°31'19" west along the south line of the north half of said section 36, a distance of 5335.16 feet to a found iron rod at the southwest corner of the northwest quarter of said section 36; thence south 88°09'53" west along the south line of the northeast quarter of said section 35, a distance of 1679.35 feet to a found iron rod; thence north 00°27'05" west, a distance of 877.10 feet to a found iron rod; thence north 84°29'44" west, a distance of 30.16 feet to a line 300.00 feet southeasterly of and parallel with the centerline of Corron Road as monumented and occupied; thence northeasterly along a curve concave northwesterly having a chord bearing of north 30°21'17" east and a radius of 4901.00 feet, for an arc length of 624.57 feet to the south line of Sturbridge, according to the plat of subdivision thereof recorded September 16, 1978 as document number 1479286; thence south 83°40'33" east along the south line of said subdivision, 1425.81 feet to a found concrete monument at the southeast corner of said subdivision being also a point on the west line of the northwest quarter of said section 36; thence north 00°48'45" east along said west line, 1450.58 feet to a found iron rod at northwest corner of the northwest quarter of said section 36; thence north 88°31'25" east along the north line of said northwest quarter, a distance of 1320.77 feet to the west line of the east half of the southwest quarter of said section 25; thence north 00°46'42" west along said west line, a distance of 2645.67 feet to the north line of said southwest quarter; thence north 88°37'18" east along said north line, a distance of 1308.56 feet to the southerly line of a parcel conveyed to Commonwealth Edison Company per deed recorded march 16, 1978 as document number 1448597; thence along the boundary of said parcel for the following three courses; 1) thence south 71°58'14" east, a distance of 220.82 feet; 2) thence south 73°20'58" east, a distance of 772.87 feet; 3) thence north 00°04'47" west, a distance of 108.60 feet to the south line of the aforesaid Illinois Gulf and Central Railroad; the following two courses are along the south line of said railroad; 1) thence south 73°20'58" east, a distance of 1550.94 feet to a tangent curve; 2) thence easterly along a curve concave southerly, having a radius of 5641.65 feet for an arc length of 260.03 feet to the point of beginning, all in Kane County Illinois containing 592.07 acres of land more or less (property commonly known as 3600 Bowes Road). QExhibit B N 1000 0 1000 2000 F.., Bowes Creek Country Club T. 41 N. OS II IA 23 24 O.. 41 il iiii[kkilvilli" 40411 r 1-010 41,1 440 ...A. n26 � ,ib-- is /pi rc Tertttoryro Nu Frrld SSA Dlstrk grop. , A iiiiii .... it Florfii8 BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA LEGAL DESCRIPTION FOR BOWES CREEK COUNTRY CLUB SUBDIVISION Exhibit C Bowes Creek Country Club Parcel 1: That part of the east half of section 25, township 41 north, range 7 east of the third principal meridian, described as follows: Commencing at a found iron rod at the northeast corner of the southeast quarter of said section 25; thence south 00°09'35" east, along the east line of said southeast quarter, a distance of 16.24 feet to the southerly line of Bowes Road for a point of beginning; thence continuing south 00°09'35" east along said east line of said section 25, a distance of 553.01 feet to the northerly line of the Illinois gulf and central railroad per deed dated December 8, 1886 and recorded as document number 9508; the following two courses are along said northerly line; 1) thence northwesterly along a curve concave southerly having a chord bearing of north 72°21'29" west and a radius of 5831.65 feet, for an arc length of 201.82 feet to a point of tangency; 2) thence north 73°20'58" west a distance of 1504.99 feet to the southerly line of said Bowes Road; the following three courses are along said southerly line; 1) thence easterly along a curve concave northerly having a chord bearing of north 89°35'53" east and a radius of 1735.02 feet, for an arc length of 127.95 feet to a point of tangency; 2) thence north 87°29'08" east, a distance of 299.01 feet; thence easterly along a curve concave southerly having a chord bearing of north 87°47'15" east and a radius of 114559.00 feet, for an arc length of 1206.93 feet to the point of beginning, also including that part of Bowes road lying perpendicular to the south line of Bowes Road as described above, all in Kane County Illinois containing 13.01 acres of land more or less. Parcel 2: Those parts of the south half of section 25, the north half of section 36 and the northeast quarter of section 35 all in township 41 north, range 7 east of the third principal meridian, described as follows: Commencing at a found iron rod at the northeast corner of the southeast quarter of said section 25; thence south 00°09'35" east, along the east line of said southeast quarter, a distance of 770.34 feet to a point of intersection with the south line of the Illinois gulf and central railroad per deed recorded December 8, 1886 as document number 9508 for a point of beginning; thence continuing south 00°09'35" east along said east line, a distance of 1869.01 feet to a found iron rod at the northeast corner of the northeast quarter of said section 36; thence south 00°18'36" east along the east line of said northeast quarter, a distance of 2656.69 feet to a found iron rod at the southeast corner of said northeast quarter; thence south 88°31'19" west along the south line of the north half of said section 36, a distance of 5335.16 feet to a found iron rod at the southwest corner of the northwest quarter of said section 36; thence south 88°09'53" west along the south line of the northeast quarter of said section 35, a distance of 1679.35 feet to a found iron rod; thence north 00°27'05" west, a distance of 877.10 feet to a found iron rod; thence north 84°29'44" west, a distance of 30.16 feet to a line 300.00 feet southeasterly of and parallel with the centerline of Corron Road as monumented and occupied; thence northeasterly along a curve concave northwesterly having a chord bearing of north 30°21'17" east and a radius of 4901.00 feet, for an arc length of 624.57 feet to the south line of Sturbridge, according to the plat of subdivision thereof recorded September 16, 1978 as document number 1479286; thence south 83°40'33" east along the south line of said subdivision, 1425.81 feet to a found concrete monument at the southeast corner of said subdivision being also a point on the west line of the northwest quarter of said section 36; thence north 00°48'45" east along said west line, 1450.58 feet to a found iron rod at northwest corner of the northwest quarter of said section 36; thence north 88°31'25" east along the north line of said northwest quarter, a distance of 1320.77 feet to the west line of the east half of the southwest quarter of said section 25; thence north 00°46'42" west along said west line, a distance of 2645.67 feet to the north line of said southwest quarter; thence north 88°37'18" east along said north line, a distance of 1308.56 feet to the southerly line of a parcel conveyed to Commonwealth Edison Company per deed recorded march 16, 1978 as document number 1448597; thence along the boundary of said parcel for the following three courses; 1) thence south 71°58'14" east, a distance of 220.82 feet; 2) thence south 73°20'58" east, a distance of 772.87 feet; 3) thence north 00°04'47" west, a distance of 108.60 feet to the south line of the aforesaid Illinois Gulf and Central Railroad; the following two courses are along the south line of said railroad; 1) thence south 73°20'58" east, a distance of 1550.94 feet to a tangent curve; 2) thence easterly along a curve concave southerly, having a radius of 5641.65 feet for an arc length of 260.03 feet to the point of beginning, all in Kane County Illinois containing 592.07 acres of land more or less (property commonly known as 3600 Bowes Road). BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICES AREA SSA DISTRICT MAP FOR BOWES CREEK COUNTRY CLUB SUBDIVISION Exhibit D ZA Exhibit D N 1000 0 1000 2000 Feet Bowes Creek Country Club T. 41 N. ---( 23 24 40 9 --__ __ , ‘Tp NO z i. L 26 o Z w CO Ci Territory ofLA SSA District . - Hop. tel 5 -1 IcDon• ' --i L___, in 0 _ H ( r-- \. ) 61 it‘ y OF ftC, § City of Elgin Mayor � 1 9 ti � " Ed Schock Council Members Juan Figueroa Robert Gilliam David J.?Captain Brenda Rodgers Thomas K.Sander John Walters City Manager February 16, 2007 Olutemi tri" Ms. Susan Ericson Tax Extension Office Kane County Clerk's Office P.O. Box 71 Geneva, IL 60134 Re: Re-recording of Bowes Creek Country Club Subdivision Special Service Area#12 (Ordinance T40-06) Dear Susan: I am enclosing a certified copy of Ordinance No. T40-06, entitled"An Ordinance Establishing The Bowes Creek Country Club Subdivision Special Service Area Of Elgin, Illinois (SSA#12) And Providing For The Levy Of Taxes For The Purpose Of Paying The Cost Of Providing Special Services In And For Such Area." Said ordinance was passed by the Elgin City Council on November 8, 2006, and the ordinance was re-recorded by the Kane County Recorder on January 29, 2007, as Document No. 2007K012454, which was re-recorded due to the legal description of said ordinance being omitted in the initial recording. Please contact me if you have questions or need anything additional. Sincerely, Jennifer Quinton Deputy City Clerk 847/931-5660 Enclosure 150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org ® Printed on recycled paper City of Elgin Mayor Ed Schock 0, Council Members Juan Figueroa Robert Gilliam David J.Kaptain Brenda Rodgers Thomas K.Sandor John Walters City Manager December 13, 2006 Olufemi Folarin Ms. Susan Ericson Tax Extension Office Kane County Clerk's Office P.O. Box 71 Geneva, IL 60134 Re: Bowes Creek Country Club Subdivision Special Service Area#12 (Ordinance T40-06) Dear Susan: I am enclosing a certified copy of Ordinance No. T40-06, entitled "An Ordinance Establishing The Bowes Creek Country Club Subdivision Special Service Area Of Elgin, Illinois (SSA#12) And Providing For The Levy Of Taxes For The Purpose Of Paying The Cost Of Providing Special Services In And For Such Area." Said ordinance was passed by the Elgin City Council on November 8, 2006, and the ordinance was recorded by the Kane County Recorder on November 21, 2006, as Document No. 2006K127339. Pursuant to your request, two copies of the locater map regarding the special service area are enclosed. Please contact me if you have questions or need anything additional. Sincerely, ZerKt, Dolonna "Loni"Mecum, CMC City Clerk 847/931-5661 Enclosure 150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org ® Printed on recycled paper 11111111111111111111111111111 111 2006K127339 2006K127339 * State of Illinois ) RECORDER YKKAW GMANIL County of Kane) ss City of Elgin ) REC 11/21/2006 FEE: 1:45 PM REPAGES: 8 CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. T40-06 AN ORDINANCE ESTABLISHING THE BOWES CREEK COUNTRY CLUB SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#12) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA passed by the Elgin City Council at its legally convened meeting held on November 8, 2006. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this November 17, 2006. 64-L4-42 City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin C) 150 Dexter Court 150 Dexter Court Elgin, IL 60120 POOR ORIGINAL Elgin, IL 60120 R.rda Not Re6pcne * RE-RECORDED TO INCLUDE LEGAL DESCRIPTION For ;v"MR_ns