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HomeMy WebLinkAboutT28-08 (2) 111111 H State of Illinois ) County of Kane) ss c..--20081-‹0 E,4 B 2 City of Elgin ) SANDY WEGMAN kEC:OhD£k - KANE COUNTY, IL ..Li.{ice 3;06 fY CERTIFICATE OF CITY CLERK } ` i I, Diane Robertson, 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. T28-08 AN ORDINANCE AMENDING ORDINANCE NO. T38-06 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA passed by the Elgin City Council at its legally convened meeting held on July 23, 2008. 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 August 5, 2008. , o!- t ci o City lerk `n (SEA fr)o \� This instrument prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk 01,..,/ City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 k Ordinance No. T28-08 AN ORDINANCE AMENDING ORDINANCE NO. T38-06 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS,on October 25,2006,the City Council of the City of Elgin adopted Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin, Illinois (#SSA 18) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area; and WHEREAS,Ordinance No.T38-06 was thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and WHEREAS,it has been discovered that the legal description set forth in Ordinance T3 8-06 in Exhibit A thereof contains a scrivener's error; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the Highland Woods/Foy Property Subdivision to follow the subdivision boundaries of the Highland Woods/Foy Property Subdivision and it is necessary and desirable to amend Ordinance T38-06 to correct the scrivener's error in the legal description in Exhibit A thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. T38-06 establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin,Illinois,(#SSA 18)and providing for the levy of taxes for the purpose of paying the costs of providing special services in and for such area be and is hereby amended by amending and substituting the legal description set forth in Exhibit A thereto with the legal description as set forth in Exhibit A-1 attached hereto. Section 2. 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 3. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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: July 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: Attest: s/Diane Robertson Diane Robertson, City Clerk T Exhibit A-1 - Legal Description for the Highland Woods Subdivision Special Service Area of Elgin, Illinois (#SSA 18) PARCEL A: THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, 8.23 AND A HALF CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 11, THENCE ALONG THE SECTION LINE 11.76 AND A HALF CHAINS; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 11.1 CHAINS; THENCE SOUTH 29 DEGREES 10 MINUTES WEST 5.47 CHAINS TO A POINT IN THE CENTER OF THE HIGHWAY; THENCE SOUTH 51 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 4 CHAINS; THENCE SOUTH 64 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 9.78 CHAINS; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT 9 RODS TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH ALONG THE SECTION LINE 4 AND A HALF RODS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART OF THE NORTHEAST QUARTER AND NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH ALONG SECTION LINE 15.12 CHAINS; THENCE WEST PARALLEL WITH SOUTH LINE OF SAID SECTION, 28.36 CHAINS; THENCE SOUTH 8 DEGREES EAST 15.27 CHAINS TO A POINT ON THE SOUTH LINE OF SAID SECTION, 6.05 CHAINS WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE WEST ALONG SAID SOUTH LINE 17.65 CHAINS TO A POINT IN THE CENTER OF THE ROAD; THENCE SOUTH 17 AND A QUARTER DEGREES EAST ALONG THE CENTER OF SAID ROAD 2.55 CHAINS; THENCE SOUTH 47 DEGREES EAST ALONG THE CENTER OF SAID ROAD 8.60 CHAINS; THENCE SOUTH 55 DEGREES EAST ALONG THE CENTER OF THE SAID ROAD 6.40 CHAINS; THENCE SOUTH 67 DEGREES EAST ALONG THE CENTER OF SAID ROAD, 5.87 CHAINS; THENCE SOUTH 56 AND THREE QUARTERS DEGREES EAST ALONG THE CENTER OF SAID ROAD, 7.17 CHAINS TO A POINT IN THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, AFORESAID 1 .53 CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID ROAD TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 43 AND ONE HALF DEGREES EAST, 6.25 CHAINS; THENCE NORTH 29 DEGREES EAST 5.47 CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11; THENCE EAST 11.10 CHAINS TO THE EAST LINE OF SECTION 11; THENCE NORTH 20 CHAINS TO THE NORTHEAST CORNER OF SAID SECTION 11 AND THE POINT OF BEGINNING (EXCEPT THAT PART OF THE NORTH HALF OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 805.2 FEET TO THE CENTER LINE OF THE DITCH OF THE PLATO RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48 DEGREES 25 MINUTES WEST 819 FEET TO THE CENTER LINE OF THE PUBLIC HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF A 3 DEGREES 11 MINUTES CURVE TO THE RIGHT 686.9 FEET TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE 223.6 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. AND ALSO EXCEPT: THAT PART OF SECTION 11 , TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST, 1324.65 FEET ALONG THE EAST LINE OF SAID SECTION 11; THENCE SOUTH 89 DEGREES 18 MINUTES 17 SECONDS WEST, 732.60 FEET; THENCE SOUTH 28 DEGREES 54 MINUTES 35 SECONDS WEST, 361.02 FEET TO THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER DEED 982345; THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS WEST ALONG SAID DESCRIBED CENTERLINE, 69.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 388.75 FEET; THENCE NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 560.00 FEET; THENCE SOUTH 34 DEGREES 55 MINUTES 02 SECONDS WEST, 398.03 FEET TO THE AFOREMENTIONED DESCRIBED CENTERLINE (THE FOLLOWING THREE COURSES ARE ALONG SAID DESCRIBED CENTERLINE); THENCE SOUTH 56 DEGREES 45 MINUTES 00 SECONDS EAST, 48.65 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 34 SECONDS EAST, 157.13 FEET; THENCE SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354.61 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER 554.8 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1497.32 FEET TO THE CENTER LINE OF STATE ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE ROAD 376.31 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 215.0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 336.80 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 215.0 FEET TO THE CENTER LINE OF SAID STATE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO THE WEST LINE OF SAID SECTION 12; THENCE NORTH ALONG SAID WEST LINE 12.32 CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER 781 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES 44 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION 1004 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION 1323.63 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 16 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1004 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89 DEGREES 38 MINUTES 10 SECONDS WEST ALONG SAID SOUTH LINE 1323.63 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PARCEL B: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1004.0 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1323.63 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED COUNTER CLOCKWISE THEREFROM) 1004.0 FEET TO A POINT ON SAID SOUTH LINE THAT IS 1323.63 FEET EASTERLY OF SAID SOUTHWEST CORNER; THENCE EASTERLY ALONG SAID SOUTH LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1335.34 FEET TO THE SOUTHEAST CORNER OF SAID QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 52 MINUTES 49 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1792.75 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA, CHICAGO AND EASTERN RAILROAD (FORMERLY KNOWN AS THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD); THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY FORMING AN ANGLE OF 103 DEGREES 46 FEET 54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 2713.15 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE OF 76 DEGREES 46 MINUTES 54 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1429.65 FEET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL C: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 252.92 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES, 32 SECONDS EAST 757.33 FEET; THENCE NORTH 12 DEGREES, 28 MINUTES, 20 SECONDS EAST 1055.2 FEET; THENCE NORTH 29 DEGREES, 45 MINUTES, 00 SECONDS EAST 687.83 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 12 TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER THAT IS 735.24 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE 1650 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 712.5 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98 DEGREES, 50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 965.2 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE LAST DESCRIBED LINE 791 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 81 DEGREES, 08 MINUTES, 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 405.1 FEET TO SAID CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 655.8 FEET; THENCE SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 712.50 FEET; THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 98 DEGREES 50 MINUTES, 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 1756.20 FEET TO THE SOUTHEASTERLY CORNER OF DOCUMENT NO. 1515428 FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 21 DEGREES, 44 MINUTES 26 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 330.92 FEET; THENCE NORTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 102 DEGREES 52 MINUTES 26 SECONDS TO THE LEFT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 330.92 FEET TO THE NORTHEASTERLY CORNER OF AFORESAID DOCUMENT NO. 1515428; THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE POINT OF BEGINNING), (EXCEPT THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED PER DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. Exhibit A-1 - Legal Description for the Foy Property Subdivision Special Service Area of Elgin, Illinois (#SSA 18) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST 6.70 CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH 64 DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD 17.50 CHAINS; THENCE NORTH 21 DEGREES EAST 41.68 CHAINS; THENCE SOUTH 80 3/4THS DEGREES EAST 11.41 CHAINS TO THE EAST LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13.01 CHAINS TO A POINT 3.24 CHAINS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 83 DEGREES WEST 20.16 CHAINS TO THE WEST LINE OF THE EAST HALF OF SAID SOUTH EAST QUARTER OF SECTION 7; THENCE SOUTH ALONG SAID WEST LINE 12.04 CHAINS TO A POINT 6.65 CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE SOUTH 43 1/4 DEGREES WEST 9.12 CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7 AFORESAID, 6.22 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER, 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21.25 CHAINS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOW DESCRIBED TRACT, THAT PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 55 MINUTES 18 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID QUARTER-QUARTER , 1319.05 FEET TO THE EAST LINE OF SAID QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08 MINUTES 39 SECONDS EAST ALONG SAID EAST LINE, 400.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST, 161.14 FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 29 SECONDS EAST, 345.44 FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 1240.00 FEET; THENCE SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507.30 FEET; THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET; THENCE NORTH 20 DEGREES 41 MINUTES 33 SECONDS EAST, 814.12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42 MINUTES 13 SECONDS EAST, 359.04 FEET ALONG SAID SOUTH LINE; THENCE NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601.76 FEET TO THE AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485.77 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. . A . N 1000 0 1000 Feet Hihgland Woods/Foy Property 3., 35 3 • T. 41N. ni 7 T. 41N. ,sP p RR Ir 2 #4.• Tk ' 6 _yr- Aver .z4+-04 A.44.14-YAr A 4.240- • '' f ar��re-ird AR-p ��,�/ / , 4 r ;�i4.�/� Territory of Highland Woods �� ' SSA District A/ mpl K Lli 010 • Ili d /.I rri„ I/ N. csa o ...41,40,4.4, ;4 . Li W 7 // 11 12 3 �I �' ji� Territory of Foy Property / ) SSA District -44"11111Millor ' LfrA AIM - . . • :. - --.rie- or fa,ilw. ,tr ...a i i %I* J W y ,Mv a 4► Z,2 A - t 14 13 h.' A ii,i p / i * V>Th II. % r 4I # 4 ♦ April 5, 2010 TO: Diane Robertson,City Clerk FROM: Sarosh Saher, Senior Planner 7-OtC>IAAA/ RE: Public Hearing Notices for a 2nd Amendment a Special Service Areas(SSAs)for I. Highland Woods Subdivision (SSA#18) RIRMININIPMINNIMMONEMOMMOINOWNIMW At the last City Council meeting on March 31, 2010, ordinances providing for public hearings for the second amendment to the SSAs for Highland Woods Subdivision ad Sandy Creek Estates Subdivision (Foy Property) were approved. The public hearings are scheduled for April 28, 2010. I have attached copies of the public notices and their attachments. The attached notices need to be published in the Courier News on a date no later than April 12, 2010. I will also provide electronic copies of the notices and their attachments. Please let me know if you have any questions. NOTICE OF HEARING CITY OF ELGIN HIGHLAND WOODS SUBDIVISION AMENDED SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 28, 2010, 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 an amended 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 Amended Special Service Area is 910 Coombs Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Amended 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 Amended Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Amended Special Service Area and the tax levy affecting that Amended Special Service Area. The purpose for establishing the Amended 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 Amended 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 Amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed Amended 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 Amended 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 $342,600.00 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 Amended 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 Amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other property owner association responsible for the property within the proposed Amended 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 Amended Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Amended Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Amended 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 Amended 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 Amended Special Service Area, no such Amended Special Service Area may be established nor any tax levied or imposed. Dated this 5th Day of April , 2010. s/ Diane Robertson Diane Robertson, CITY CLERK Exhibit A Legal Description for the Highland Woods Subdivision Special Service Area of Elgin, Illinois (SSA#18) PARCEL A: THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, 8.23 AND A HALF CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 11, THENCE ALONG THE SECTION LINE 11.76 AND A HALF CHAINS; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 11.1 CHAINS; THENCE SOUTH 29 DEGREES 10 MINUTES WEST 5.47 CHAINS TO A POINT IN THE CENTER OF THE HIGHWAY; THENCE SOUTH 51 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 4 CHAINS; THENCE SOUTH 64 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 9.78 CHAINS; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT 9 RODS TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH ALONG THE SECTION LINE 4 AND A HALF RODS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART OF THE NORTHEAST QUARTER AND NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH ALONG SECTION LINE 15.12 CHAINS; THENCE WEST PARALLEL WITH SOUTH LINE OF SAID SECTION, 28.36 CHAINS; THENCE SOUTH 8 DEGREES EAST 15.27 CHAINS TO A POINT ON THE SOUTH LINE OF SAID SECTION, 6.05 CHAINS WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE WEST ALONG SAID SOUTH LINE 17.65 CHAINS TO A POINT IN THE CENTER OF THE ROAD; THENCE SOUTH 17 AND A QUARTER DEGREES EAST ALONG THE CENTER OF SAID ROAD 2.55 CHAINS; THENCE SOUTH 47 DEGREES EAST ALONG THE CENTER OF SAID ROAD 8.60 CHAINS; THENCE SOUTH 55 DEGREES EAST ALONG THE CENTER OF THE SAID ROAD 6.40 CHAINS; THENCE SOUTH 67 DEGREES EAST ALONG THE CENTER OF SAID ROAD, 5.87 CHAINS; THENCE SOUTH 56 AND THREE QUARTERS DEGREES EAST ALONG THE CENTER OF SAID ROAD, 7.17 CHAINS TO A POINT IN THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, AFORESAID 1.53 CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID ROAD TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 43 AND ONE HALF DEGREES EAST, 6.25 CHAINS; THENCE NORTH 29 DEGREES EAST 5.47 CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11; THENCE EAST 11.10 CHAINS TO THE EAST LINE OF SECTION 11; THENCE NORTH 20 CHAINS TO THE NORTHEAST CORNER OF SAID SECTION 11 AND THE POINT OF BEGINNING (EXCEPT THAT PART OF THE NORTH HALF OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 805.2 FEET TO THE CENTER LINE OF THE DITCH OF THE PLATO RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48 DEGREES 25 MINUTES WEST 819 FEET TO THE CENTER LINE OF THE PUBLIC HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF A 3 DEGREES 11 MINUTES CURVE TO THE RIGHT 686.9 FEET TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE 223.6 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. AND ALSO EXCEPT: THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST, 1324.65 FEET ALONG THE EAST LINE OF SAID SECTION 11; THENCE SOUTH 89 DEGREES 18 MINUTES 17 SECONDS WEST, 732.60 FEET; THENCE SOUTH 28 DEGREES 54 MINUTES 35 SECONDS WEST, 361.02 FEET TO THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER DEED 982345; THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS WEST ALONG SAID DESCRIBED CENTERLINE, 69.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 388.75 FEET; THENCE NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 560.00 FEET; THENCE SOUTH 34 DEGREES 55 MINUTES 02 SECONDS WEST, 398.03 FEET TO THE AFOREMENTIONED DESCRIBED CENTERLINE (THE FOLLOWING THREE COURSES ARE ALONG SAID DESCRIBED CENTERLINE); THENCE SOUTH 56 DEGREES 45 MINUTES 00 SECONDS EAST, 48.65 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 34 SECONDS EAST, 157.13 FEET; THENCE SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354.61 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER 554.8 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1497.32 FEET TO THE CENTER LINE OF STATE ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE ROAD 376.31 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 215.0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 336.80 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 215.0 FEET TO THE CENTER LINE OF SAID STATE ROAD; THENCE NORTHWESTERLY ALONG 2 SAID CENTER LINE TO THE WEST LINE OF SAID SECTION 12; THENCE NORTH ALONG SAID WEST LINE 12.32 CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER 781 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES 44 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION 1004 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION 1323.63 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 16 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1004 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89 DEGREES 38 MINUTES 10 SECONDS WEST ALONG SAID SOUTH LINE 1323.63 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PARCEL B: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1004.0 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1323.63 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED COUNTER CLOCKWISE THEREFROM) 1004.0 FEET TO A POINT ON SAID SOUTH LINE THAT IS 1323.63 FEET EASTERLY OF SAID SOUTHWEST CORNER; THENCE EASTERLY ALONG SAID SOUTH LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1335.34 FEET TO THE SOUTHEAST CORNER OF SAID QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 52 MINUTES 49 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1792.75 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA, CHICAGO AND EASTERN RAILROAD (FORMERLY KNOWN AS THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD); THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY FORMING AN ANGLE OF 103 DEGREES 46 FEET 54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 2713.15 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE OF 76 DEGREES 46 MINUTES 54 SECONDS FROM THE LAST DESCRIBED 3 COURSE (MEASURED CLOCKWISE THEREFROM) 1429.65 FEET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL C: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 252.92 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES, 32 SECONDS EAST 757.33 FEET; THENCE NORTH 12 DEGREES, 28 MINUTES, 20 SECONDS EAST 1055.2 FEET; THENCE NORTH 29 DEGREES, 45 MINUTES, 00 SECONDS EAST 687.83 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 12 TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER THAT IS 735.24 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE 1650 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 712.5 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98 DEGREES, 50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 965.2 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE LAST DESCRIBED LINE 791 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 81 DEGREES, 08 MINUTES, 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 405.1 FEET TO SAID CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 655.8 FEET; THENCE SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 712.50 FEET; THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 98 DEGREES 50 MINUTES, 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 1756.20 FEET TO THE SOUTHEASTERLY CORNER OF DOCUMENT NO. 1515428 FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 21 DEGREES, 44 MINUTES 26 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 330.92 FEET; THENCE NORTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 102 DEGREES 52 MINUTES 26 SECONDS TO THE LEFT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 330.92 4 FEET TO THE NORTHEASTERLY CORNER OF AFORESAID DOCUMENT NO. 1515428; THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE POINT OF BEGINNING), (EXCEPT THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED PER DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. NEIGHBORHOOD "J": THAT PART OF THE SOUTHWEST QUARTER OF SECTION I AND THAT PART OF THE EAST HALF OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF HIGHLAND WOODS- NEIGHBORHOOD "0" RECORDED JUNE 14. 2006 AS DOCUMENT 2006K063823; THENCE NORTH 08 DEGREES 44 MINUTES 13 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 1996.21 FEET TO THE SOUTHERLY BOUNDARY LINE OF PROPERTY CONVEYED TO THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD PER DOCUMENT NO. 93'9 (THE FOLLOWING THREE COURSES ARE ALONG SAID SOUTHERLY LINE); THENCE SOUTH 68 DEGREES 54 MINUTES 52 SECONDS EAST, 78.54 FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 609.24 FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 5845.65 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 71 DEGREES 54 MINUTES 01 SECONDS EAST; THENCE NORTH 15 DEGREES 06 MINUTES 51 SECONDS EAST, 66.00 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF THE CHICAGO MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AS DEDICATED PER DOCUMENT NO. 3679 (THE FOLLOWING TWO COURSES ARE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE); THENCE EASTERLY, 184.71 FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 5779.65 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 75 DEGREES 48 MINUTES 05 SECONDS EAST; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST TANGENT TO THE LAST DESCRIBED COURSE, 1357.63 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 00 DEGREES 03 MINUTES 59 SECONDS WEST ALONG SAID EAST LINE, 677.62 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES 05 SECONDS EAST, 772.03 FEET TO .THE WESTERLY BOUNDARY OF HIGHLAND WOODS-NEIGHBORHOOD "H" RECORDED ON NOVEMBER I. 2006 AS DOCUMENT 2006K120185 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY BOUNDARY); THENCE SOUTHWESTERLY, 416.54 FEET ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 683.00 FEET. THE CHORD OF SAID CURVE BEARING SOUTH 33 DEGREES 04 MINUTES 19 SECONDS WEST; THENCE SOUTH 15. DEGREES 36 MINUTES 02 SECONDS WEST, 390.39 FEET TO THE NORTHERLY BOUNDARY OF HIGHLAND WOODS-NEIGHBORHOOD "K" RECORDED FEBRUARY 23. 2007 AS DOCUMENT 2007K021467 (THE FOLLOWING FOUR COURSES ARE ALONG SAID NORTHERLY BOUNDARY LINE); THENCE NORTH 74 DEGREES 23 MINUTES 58 SECONDS WEST, 309.57 FEET; THENCE NORTH 82 DEGREES 38 MINUTES 19 SECONDS WEST, I 14.22 5 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS WEST, 994.81 FEET; THENCE NORTH 55 DEGREES 41 MINUTES 58 SECONDS WEST 71.31 FEET TO THE NORTHERLY LINE OF THE AFOREMENTIONED HIGHLAND WOODS - NEIGHBORHOOD "0" THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS WEST ALONG SAID NORTHERLY LINE, 823.23 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. 6 LA Exhibit B N 1000 0 1000 Feet Highland Woods 3d 35 3. .._\---A 1 T. 41 N. T.T. 41N. Sp•PRR i-------- / \ LLi V , 1oC /WILL '' Ablillibik b - 1gig Territory of Highland Woods JSSA District i I/ 1 1. 111 � 12 Lal.."*"'''''...... 7 —MMIWir cl JUi , ---'''"-Q,. , ._*.coZ 14 134114 REQUEST FOR LEGAL X OPINION DOCUMENT OTHER TO: William A. Cogley, Corporation Counsel FROM: Janice Ward, Senior Planner DATE: March 7. 2007 GENERAL SUBJECT: Special Service Areas(SSA's)for Stormwater Management Facilities The SSA's for four (4) developments (Edgewater, West Ridge Community Church,Tall Oaks and Highland Woods/Foy) have been executed and recorded with inaccurate legal descriptions. The inaccuracies, identified by the Kane County GIS Technologies Department, have resulted in properties (parcels) being either inappropriately included or excluded from the SSA. Exhibits of three developments have been attached to illustrate problem areas. Additionally, the Kane County Assessor's office is requesting a letter, from the City,stating that Elgin's intention was for the SSA's to follow subdivision boundaries. We are requesting your legal opinion as to the procedure that should be followed to process needed changes to the executed SSA's and the appropriate response to the Assessor's request. If you have additional questions regarding the maps and areas in question, please contact Steve Damolaris at extension 6017. Thanks for your assistance. Returned for following: RECEIVED: ROUTE TO: RESPONSE DUE: HIGHLAND WOODS / FOY PROPERTY SUBDIVISION SPECIAL SERVICES AREA SSA DISTRICT MAP FOR HIGHLAND WOODS / FOY PROPERTY SUBDIVISION Exhibit D Exhibit D N 1000 0 1000 2000 Feet Highland Woods/Foy Property T. 42 N. mg ) r iiiiiiii. -Th 3 , 35 3. r I W N. a T. 41 N. 1-Y T. 41N. 6k. ,e,a / u-+--1< 6 W 2 00 ii v c4 r Atita ii TA _� i Territory of SSA District (Highland Woods) // 12 7 %� ego s 3 Territory of SSA Districtin (Foy Property) ph\._ ftkftio _ 4,-,Al _ , 1 , , c., ! , I US, o zi 42 a' v 1 14 13 1* 18cf •+ I • 0 _1 ' n i State of Illinois) County of Kane) ss City of Elgin ) 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. T38-06 AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#18) 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 October 25, 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 December 27, 2006. ntGul,--- City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk Ok- City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 5v 037-44b0 4111 II 11111 0 111 1110 11111 311 111 111 11111 't4 14PeCO'VO' aocasK 1 40,48 - Sandy Wegman SANDY WEGFIAN RECORDER - KANE COUNTY. IL Kane County Recorder 719 S Batavia Ave, Bldg C RECORDED: 12/28/2006 4:03 PM REC FEE: 1@5 Geneva, IL 60134 P4GES: 38 630-232-5935 Recording Cover Pau. This page added for the purpose of affixing Recording Information. Deed 414, )ther 4. Li UCC Plat Remarks 0)0.rE ."'" City of Elgin ,,, \i' � '► Ed School( Council Members Juan Figueroa Robert Gilliam David J. ?Captain Brenda Rodgers Thomas K.Sandor John Walters City Manager January 19, 2007 Olutemi Folacin Ms. Susan Ericson Tax Extension Office Kane County Clerk's Office P.O. Box 71 Geneva, IL 60134 Re: Highland Woods/Foy Property Special Service Area#18 (Ordinance T38-06) Dear Susan: I am enclosing a certified copy of Ordinance No. T38-06, entitled"An Ordinance Establishing The Highland Woods/Foy Property Special Service Area Of Elgin, Illinois (SSA#18) 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 October 25, 2006, and the ordinance was recorded by the Kane County Recorder on December 28, 2006, as Document No. 2006K140483. 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, /11.12-cA'"'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 ,0,1. / A U Ur .11W Po III o T . iiiim i• . / V 111 1 * * )/ o. .______- i x ._ 4, F L------' / allikk . ' 1 if 1 in i 1..r - - 111141111 ' .4 '.4 % 04' 4 , --- i 'VIM g Ar iitioa. I /0 *ftilit* % izystili ••*# * / //• / * 14\_ : - W 4471 ft.*t it : 4 ald i___ 04 limipoupr April 5, 2010 TO: Diane Robertson, City Clerk FROM: Sarosh Saher, Senior Planner V RE: Public Hearing Notices for a 2"d Amendment to the Special Service Areas (SSAs) for Highland Woods Subdivision (SSA#18) ii. Sandy Creek Estates Subdivision (Foy Property) (SSA#26) At the last City Council meeting on March 31, 2010, ordinances providing for public hearings for the second amendment to the SSAs for Highland Woods Subdivision ad Sandy Creek Estates Subdivision (Foy Property) were approved. The public hearings are scheduled for April 28, 2010. I have attached copies of the public notices and their attachments. The attached notices need to be published in the Courier News on a date no later than April 12, 2010. I will also provide electronic copies of the notices and their attachments. Please let me know if you have any questions. NOTICE OF HEARING CITY OF ELGIN SANDY CREEK ESTATES SUBDIVISION (FOY PROPERTY) AMENDED SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 28, 2010, 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 an amended 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 Amended Special Service Area is 3350 U.S. Route 20 in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Amended 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 Amended Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Amended Special Service Area and the tax levy affecting that Amended Special Service Area. The purpose for establishing the Amended 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 Amended 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 Amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed Amended 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 Amended 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 $36,300.00 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 Amended 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 Amended Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other property owner association responsible for the property within the proposed Amended 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 Amended Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Amended Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Amended 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 Amended 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 Amended Special Service Area, no such Amended Special Service Area may be established nor any tax levied or imposed. Dated this 5th Day of April , 2010. s/_Diane Robertson Diane Robertson, CITY CLERK Exhibit A Legal Description for the Sandy Creek Estates Subdivision (Foy Property) Special Service Area of Elgin, Illinois (SSA#26) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST 6.70 CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH 64 DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD 17.50 CHAINS; THENCE NORTH 21 DEGREES EAST 41.68 CHAINS; THENCE SOUTH 80 3/4THS DEGREES EAST 11.41 CHAINS TO THE EAST LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13.01 CHAINS TO A POINT 3.24 CHAINS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 83 DEGREES WEST 20.16 CHAINS TO THE WEST LINE OF THE EAST HALF OF SAID SOUTH EAST QUARTER OF SECTION 7; THENCE SOUTH ALONG SAID WEST LINE 12.04 CHAINS TO A POINT 6.65 CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE SOUTH 43 1/4 DEGREES WEST 9.12 CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7 AFORESAID, 6.22 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER, 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21.25 CHAINS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOW DESCRIBED TRACT, THAT PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 55 MINUTES 18 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID QUARTER-QUARTER , 1319.05 FEET TO THE EAST LINE OF SAID QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08 MINUTES 39 SECONDS EAST ALONG SAID EAST LINE, 400.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST, 161.14 FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 29 SECONDS EAST, 345.44 FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 1240.00 FEET; THENCE SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507.30 FEET; THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET; THENCE NORTH 20 DEGREES 41 MINUTES 33 SECONDS EAST, 814.12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42 MINUTES 13 SECONDS EAST, 359.04 FEET ALONG SAID SOUTH LINE; THENCE NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601.76 FEET TO THE AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485.77 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. 2 A Exhibit B N 1000 0 1000 Feet Sandy Creek Estates (Foy Property) T. 41 N. T. 41 N. 41111111 - lb . 6 5 oqit., IP T � - _ % ____S ______ -____________L__ -.. Territory of Sandy Creek Estates 1%.• (Foy Property) Ci SSA District / 12 7 8 I n O 3 o co ----. - ea PI LINK Rn _411" i jj1r 0 ( J ..J Lu • r \ cc A 0 , , , cc 4 13 :, # . `o' OP 0 ‘,IIIPIP •it,le .vill 1 r I I KANE COUNTY CLERK TAX EXTENSION DEPARTMENT FILING RECEIPT 630/232-5965 DATE: A n„ lUlh a UNIT OF GOVERNMENT: C IQr PERSON FILING: Receipt of the following named item(s)is hereby acknowledged: C�cc\ rwcP ESQ\ 1\RC\ E\SrSSI-) i 143-0 - Cc-)1 \1-1.3 c_ \0\\ JD-kV coJ Acs <if_ 418--. By: fA DEPUTY CLERK KANE COUNTY