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HomeMy WebLinkAboutT03-09 2009KO20332 State of Illinois ) SANDY WEGMAN County of Kane) ss RECORDER - KANE COUNTY, IL, City of Elgin ) RECORDED: 1/18,/200912i54 PM REC FEE: 41.00 PAGES: 22 Recording Information CERTIFICATE OF CITY CLERK 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. T3-09 AN ORDINANCE ESTABLISHING THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #24) 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 March 4, 2009. 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 March 11, 2009. (SEAL) City Clerk This instrument prepared b Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk CAI City of Elgin 150 Dexter Court • 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Ordinance No.T3-09 • AN ORDINANCE ESTABLISHING THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #24) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(1) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Cedar Grove 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. T38-08, entitled "An Ordinance Proposing the Establishment of the Cedar Grove Subdivision Special Service Area in the City of • Elgin; Illinois and Providing for a Public Hearing and Other Related Procedures," that • Resolution having been duly passed on November 19, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on December 17, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the "Hearing'); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before November 26, 2008, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service • Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on December 17, 2008 at 8:00 pm. • • Section 3. Establishment of the Special Service Area. The Cedar Grove 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 Cedar Grove Subdivision Special Service Area consists of approximately 53 acres located at the southeast corner of the Bowes Road/Corron Road intersection in the City of Elgin. An accurate map of the Cedar Grove 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 Cedar Grove Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Cedar Grove 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 Cedar Grove 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 Cedar Grove 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 Cedar Grove Subdivision Special Service Area in an amount not to exceed an annual rate of 1.438 [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 Cedar Grove Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Cedar Grove Home Owners' Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Cedar Grove Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $103,115.00 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. • • 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. E Schock, Mayor Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: March 6, 2009 Attest: . Diane Robertson, City Jerk • Exhibit A Cedar Grove That Part of the North Half of Sections 25 and 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Southeast Corner of the Northeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Assumed Bearing, Along the South Line of Said Northeast Quarter, 935.80 Feet to the Centerline of Corron Road; Thence Northerly Along Said Centerline, Along a Curve Concave Westerly, Having a Radius of 1682.19 Feet and a Chord Bearing of North 05 Degrees 14 Minutes 48 Seconds East, an Arc Length of 435.06 Feet, to a Point of Tangency; Thence North 02 Degrees 09 Minutes 45 Seconds West, Along Said Centerline, Tangent to the Last Described Curve, 1122.66 Feet to the Centerline of Bowes Road; Thence Southeasterly Along Said Centerline of Bowes Road,Along a Curve Concave Southerly, Having a Radius of 2292.01 Feet and a Chord Bearing of South 66 Degrees 48 Minutes 37 Seconds East, an Arc Length of 59.99 Feet to a Point of Tangency; Thence South 66 Degrees 03 Minutes 38 Seconds East, Along . Said Centerline, Tangent to the Last Described Curve, 14.77 Feet to a Point of Curve; Thence Continuing Along Said Centerline, Along a Curve Concave Northerly, Having a Radius of 7162.03 Feet and a Chord Bearing of South 68 Degrees 29 Minutes 08 Seconds East, an Arc Length of 606.26 Feet to a Point of Tangency; Thence South 70 Degrees 54 Minutes 38 Seconds East, Along Said Centerline, Tangent to the Last Described Curve, 739.71 Feet to the Northwesterly Corner of a Tract of Land Conveyed to Michael A. Dimiceli and Cheryl A. Dimiceli by Deed Recorded as Document 91 K21899; Thence South 17 Degrees 55 Minutes 10 Seconds West, Along the Westerly Line of Said Dimiceli Tract, 215.57 Feet to the Southwest Corner of Said Dimiceli Tract; Thence South 70 Degrees 42 Minutes 02 Seconds East, Along the Southerly Line of Said Dimiceli Tract, 198.40 Feet to the Southeast Corner of Said Dimiceli Tract; Thence North 18 Degrees 36 Minutes 28 Seconds East, Along the Easterly Line of Said Dimiceli Tract, 181.81 Feet to the Northwest Corner of Lot 9 in Mary Allen's Plat of East Plato, Said Point Being on the Southerly Line of Said Bowes Road; Thence South 70 Degrees 54 Minutes 07 Seconds East Along Said Southerly Line of Bowes Road, 497.34 Feet to the Northeast Corner of Lot 3 in Said Mary Allen's Plat of East Plato; Thence South 19 Degrees 38 Minutes 28 Seconds West, Along the Easterly Line of Said Lot 3, 148.53 Feet to the Southeast Corner of Said Lot 3; Thence South 70 Degrees 54 Minutes 07 Seconds East, Along the Southerly Line of Said Mary Allen's Plat, 346.13 Feet to the East Line of the West Half of the Northwest Quarter of Said Section 25: Thence South 00 Degrees 52 Minutes • 49 Seconds East, Along the East Line of Said West Half, 486.90 Feet to the Southeast Corner of Said West Half; Thence South 88 Degrees 33 Minutes 23 Seconds West, Along the South Line of the Northwest Quarter of Said Section 25, 1327.36 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. • • Exhibit 6 N o soo 1200 Feet T. 41 N. Cedar Grove 23 24 i\TF C, m y A I"' B°��SR ° Territory to SSA District u.i ti 26 o a r 35 36 -P, y z ° C®AR GROYESD801VIStON > - �. 1 � �, r"• � �, � �SP;CIfIL SERVICF� NOTICE tS HEREBYGtUEt7that an Decetrf�er tl 2008 t l OD psrr nth Q[y Gouncd CMu�hers of rtgm CAy Halt 150 Ue#er Court Elym 1Wndrs akeanng n� 6e,i hHd bike CrtyCoungd of tke Gtyfli dgrnto ccrtsrderiheestabTishmen[o aSpecwl5ery ce A[ea cogsrsttng oLterr jr ory�egatP�dea�ed�n Exfirhit A xhrchis att achedio and • a im posted by re oregc¢rrs dehcP tie agproxrlrtate torahan at the Droposed Sp¢aat Servuu A(ea rs90,1,of an Roadan the'= 6VElgn Kane founry Iilmats An accurate map deprdmgtfre bcatron of. NepraposedSpeaa�Se�LCeALea rzattach d to and tnccrpor'atedby refen:'rcem'o fff_rs ngkce as Exfub�t B Al urlerested p rsons af{ectedbfdre proposed estafrlrshrr!errt of ihe5peaaTSeR ce ea rrdl tie provided wrtn an oppa timry to beheardon that issue andmay-0bject fa the estihhslu'itentofihaSp¢uafSaonrwAreaand EeTmlery2lfedutgl¢atSpac�iServxeArea G v T putpos¢lorestaa tsfi eSp¢ctal Sen dudmg the operatwn,4m.a-nte-na"pcll�e repa rrehandnaHoq re9iacementand teconstrL cttop ; of ayy s?e runoff storage area�drzuizgs+yay dihh sierra seNer orpther uo�rmmter�aerkty c`osis at tlestgn engmeermg andtheF dansumg ser rites surlayi�g l antl perry its pubpelraMbty msura i an3 alt ad nlmst[atrve lq.iA and'oit er costs or expenses mcu`rr'�rn cannedton tker¢+vt[hand'wuh he adnanGCUaDO'n o6the�peaai;' ServrceArea�nctudmgG npaymartfofanyloauocd�btmcdrredtortk prdvrsanofsuctiservkes All'fh descnbedserwcesdes_cnbedaregnpe'-,?dmadAibontaser<rces e raiPlpro�rd¢dUj�theGty°yaFEtgm'��' --��"�� .--� �� -,� � r Ai Je hearing a1Cpe[so'1s a'`fededtvdl ha prsnded wi0t an opporiumry o<herd/tt their anrrg.a ta�c levy-(or the$p¢aal Sernee-Area wiJkecorwdered The: prcposed annoal lax levy for he Spacial Sennce Areatrs+n an amounf noE3o exceeC an xnnuai rate pt 1438 aCthe egUafrzed assessed yadi¢of the prgp rty mlturt Lhe: pwposedBpecral Service Area and4he tax wd€b¢:Ievred fo a mdefimte perind of Fnrtehdrmard a'terfte da e�ot he r rdrnarce estahgshtpg the Specei Service Area Jt!ese'. taxes shal114 rn adduoa to all ter to es permrtfed by at lr a d sjrag be ternedpursuanFtco�he 0.rovarons at1h�Property Tax.Code(35�LCS 20011 7 et seq}The tax lev_es arer[R gded to produreapprq amateF}5103 tlo ti(lannttzilyfgr the tmst nEthe serv'a described aba e TnaCrtj tit F1q n h64ever, annualty `;— to ttre manmum. ratesp q IiRfi the ordmar¢e estaljlrstung th Spea6%rice Area foq tiecastohthe sarvicestlesccined zhm as:sald semces:tiecom�neces ry and are proVrded by.the; ry Elgin Piot wrthstanding Ct�foiegmng fames sf allrtot a ievredheaunder dnd tit p oposed SpeG�3aI 5¢ry ce Area sl it remzrn eyantand sf alttafu eff¢d onlym the, e nt[rte tattteoxvierS orntf [prpperty4wnu assadabo respopt blefgq• propgrry hfn tke proposed Speifal Service Area falls to mamialn repair replace of pay fdr tTi_ffiogemenis des abed above:and/ar airy rektedzcosfs fnrvthose rmyEOVemerds sods to regUUe the C{ty-0f:Eigin to assurtta rhos aesponsbtltt es The hearhtg may be; zdrou nafib;lhaG fyCculaFb the Cny'af*Elgin to-anotk¢rdate wdhoGLfgAher goUc otheF ttraq.a matron tabe•enteLeduport.tkanmutesaf-ns maetlng g;tfia5me.and pkceadla rnme'nC' ^L 1 �"� 1' - IfapetdwnahtPCtngtottleestablrstnnentpflkeproDOSedpecfai SemceArea thetaxlevyorth�mposirottdf.ataxlorJt pransronafspecralservxestothepmposzd S�Service Areah�as�b.ei�rgged 6yat ieasf tiffy-0rra.eercenf{519}af�[ry�e�efectars Lesl�a v�Thin the proDined Specrai Sernce Ar a and by�least 1dty-ono percent.. Sty?oflhe mvnersot reco[doCtEc land inc(udedvrdkm the uormdartes of the proposed SpecraLSennce Area and sfiled wtth;itte Cmi of Elgm Cnyp ifcwrtharsody{60}: dasfcloerrgthetrgaEad�oortmcilofthepuhlrcneanngregafdingtheestabl�hmertattheproposedSpeaalServrceArea noslchSpactaP:SeivtceAreamaybeesahhshed; artjttax ewed or rmirosed c iMMM-- > am ��c z x 29 �'?��, CITY-CLERK � �x �� ` Cedar4GME T M� TftatPartnfth�NOrtlt�Haha Secrtons2oant�2f-7axn5��4LNortft Range-7 i�astnfiheTkudPrmapalMend�ari DescnbedasF011ovrs BegmNngatthe-SoutkeastCa[ner. T5. ofhe Neriheast fluader of SaidSecUon 26 ikertce Soutar 88'Degrses Z6 IYmutes fb Seconds West'Assumed:8eanng Alotfp""the Soufflne of Sara ptartheast Quarter 93580Fea[tofhaCerrte�nealC nRaadh�epceNartheJUangSardCenter Iris Alo a CurleCoacaveWesteAy Fla+ogaficdarofiG87i9ieetand_aCwrdBearmg` atoYoM-05 Degreesa9 A1urrY=s 48Seconds Easit�nAfc�t rtgih-0f435 U6eeE t0.a Pdmt of Tangeief Thence Nortta02 Regrew 03 Mmules 45 Seconds Wes4 among Sari: EeYnterlma Taggenfto h Hest hed GULVe,lt�9o'f et3alhe CenterG rte o Boa R d i%nce Southeasterly AI g SardLentedrrte of Bowes RaaB Akng a Coiye ,Concave:Soudtedy F(av7ng a i?adrtr;tifi22920f FZet atd a Ctroid Beanpg-0South66 Degrees 48 Mmu}es 375econGs East an A clength of 59:99 Feet oa;Parri atTargency Thence Soutt�66 Degrees 03 Mmutes38 Seconds EuSard Centedine 7angeat-taihe Last Described Curve 1477 Feet Eaa Point of Carve Then Garumnng Aionq • SadGerigdiRe Along a Cun a Concave fdortfi rry Havm�a Radius of 7162 03Feet ard:a Gbord Roar gg of SouOS o8 Degrees 29PAinut�08:Serx4ndsFast an AmiprtgJiati Yo0626 FeetTa a Paint ot�,ng ncy7hence SOrr 70 Degrees54 Admutes 38 SPcerds Eas Alanp Said Centedine TangertfioJke Last Desenbed G W4.731 tq tai Nortlavester<y Comer m a Trail ot'tand Gon jed4o3drehaet A Dinilcelra d hery(.A Drmrcey f�y0 a ftewrded as D cameo[9 rK21899~�benccSaui 17Degrges 55 4'uw�s16 Seconds�Ylesf�[ang �a WesierlylldentSard Rim ceh Trail Zi5S7�eeC[o Southyiest Corn=2 of Sard Rrtn ceG Tadt lhenea SoutR70Degrees:42 Nnoutes. Q2S¢conds East A(ong the Soutke�y Ltneof$attlArm cell l`ract 198 40 Fe�`t iotke Soutkeast Camernf:Sab QrmiceliTracf Tt�enc Nort(11 B Regress 36 N{nutes28 Secprids> East Along the Easte�y Lme oYSardbrm ceh;Tra 18t$1 Feet to the Pkrthwest Corher of Lot 9 utPAary Allens Pint of EastPlato Sard Po nt Beutg on Die SouthertyLu a atSardBdv2sROad Thence SotttiONO 9.1 inUtesO?SecondsFast'Along:SartfSouthedYUrieofHmrxsFidad 49734f a fatheNortheast£o;re ottot3inSard< MaryAiten s Plat pf East Pfam ihonce Sodth 9 Degrees 38 MuM 28 Seconds Wes(AIAg the East!?w-e fli EW:1 t48 53 Feet to iha Gifi astcamer al Sard lot: 3 Thence SauM!70 f)egteer54 Minutes 07 Secerrds East Along tke Smrtherrytme aFSud 0.Aary Alle i s Pkt 346 t3 Feet o f stjjpgUtkyVisi tialf of the No tliwest; Qua a of Said Seth 2a%Wn' ro&h 00 Ueg�ees SZ MmMes 49 Sewnds Fast Afagg the EastLtoe of Said H/a&Hai�486 90 feet to Ike Sau�keast4 ninerof SardWes( MA" Along ttie Sw?Rtitte of'ihe Norttiwes Queer o1 Said Sechon 25=1327 3fi Feet to-ftrePlace of B gmmrig m_ PlatgTowrrsMp Klo C�urmy fln a-MM N— ' ..' M r �c "� M,RON gg :0- r 6_ r r G r 1 3d_ J Publ sh:Note 29.2003 FOX VALLEY PUBLICATIONS Certificates of Publication State of Illinois—County of ❑Cook 9 Kane ❑Lake ❑McHenry ❑DuPage ❑Will ❑DeKalb Suburban Chicago Newspapers,does hereby certify it has published the attached advertisements in the following secular newspapers. All newspapers meet Illinois Compiled Statue requirements for publication of Notices per Chapter 715 ILCS 5/0.01 et seq.R.S. 1 874, P728 Sec 1,EFF.July 1, 1874.Amended By Laws 1959,P I 494,EFF.July 17, 1959.Formerly Ill.Rev. Stat. 1991,CH 100,P1_. Note: Legal Notice appeared in the following checked positions. PUBLICATION DATE(S): //Z-d 5 Daily Papers ❑ The Beacon News The Courier News ❑ The Herald News ❑The News Sun ❑ The Naperville Sun Weekly Papers ❑ Batavia Sun ❑ Bolingbrook Sun ❑ Downers Grove Sun ❑ Fox Valley Villages Sun ❑ Geneva Sun ❑ Glen Ellyn Sun ❑ Homer Township/Lockpart/Lemont Sun ❑ Lincoln Way Sun ❑ Lisle Sun ❑ Plainfield Sun ❑ St. Charles Sun ❑ Wheaton Sun IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certificate to be signed and its official seal affixed at Glenview,Illinois By ' OFFICI SEAL DREAS PURL IC, ATE OF IL LINT OIS BSION PIRES 8•i8-2011 John G.Bieschke Legal Advertising Manager (Official Title) Subscribed and orn fore me this �Day of /< . A D. C� By: • Notary Public s�-�--�-''.F z-,�"°"`f. -� �-s"M-.."'^3' ��t' HDTIGE,OF HFAflINGx ,�+�'. e- -,�;� .-.,.�s_::o,`- •� �`"" �i-�''�`�-� ��x u- ��-* '"sff �s,-��. c CITYOFECGIN�3 � �r �.- �-r�-,•+• �•'� ...� r f- ��Y���� �� �„•�� �r�'CEDARGROVESGODIVISIOHf� a�a� �� .� � � � �, ��SPfC1A�LSERVI�C�SARfA�� � Mr �..�� + NOT10ElS HEREBy'GIVEN that oh DePllalber 17 2008 at 7 0 p m b City CounuF C�iambers of a➢�Cdy 259 Dente[Court Elgm gllmo,s hsaa}ng vnA¢e held by El@ Cary:Cauncd of3h bC�hmemni�a Speaat Service Areaconsls610'atd?rniory leg tl descrbed cxhlbd A Uhich M ched toand_ mmrparted�y er Terence ui o the notices ti� , _�lteapprmama Roca+on of U+e proposedSpea Srnce Atea+s 96Coxrro�Roa d{n the City of Qgu�Kanz Coanty gtlmots aaotate maP dapctu+g ihe brztmn of the proposed Speaat Sernce Area a attached to and uicorpnrated byre¢roues uN�this twbc�eas Exi lid 8 ivtteresf ns affected by ihe proposed estabT,shme lt- the Spea_KSerna Area Ynllbe pra]ded vnth an oppart mry to be heard on OW+slue and,may obl=ct, roTtleastalu +menYOf itu Special Service Area andthe:rax levy apmbng tl Special Sernce Area ' -X s a _ f ' 9t+e pure to esta�UShilng the Special Serv+ceA Ea(s to piov�de sety as fncludmg the°peratro.. tarot nonce repa,rraha5i5iat,pn repiacemen[andTeconsirOChop ct e,ry deiunotGstoR9 iainage fray t ifih.stival�stoJrriseryet ror other ormwafeffaiibt,�coss Me gn eng+imertng and AtheGSOCksulhnp services surveying 'S--�x^o. ar 'mac .a' 'u ta., a�ndapnits pdD6c ifabil,tyansu once at'di zit a mm>S�taWe regal and ocher cosfsur�tpenses incu[red fn connection tfietew+th and vnth the admmatrabnn of ihe Spec�4 Servlae7uea m l`udmg the repoyntent of arty i�nor deb[mcurre�lor tpeprov+slan of such sernces All thedescr+bedservlces describedare unique.and In add+hon to semces genata'yyrovldPd by ltteCiry a Etgm � ' 4 s s 7h flearmg at persmis aaffected vnl ba provided w th an np rntyAy pe heard A a hearng a tax levy torLieSpecgf Servcee Area vnli be_CO Tha. bposad amuatax ievy tw Tie Speaaf Sbrnaraa,sin an arno gnat to exceed(an4nnua€rataFof Y43��oi ihe eq d assessed value a11he praperi wittpn the pposed Sp aal.SeMcea and the taxes ffi fev ed 4oamdefin{te pedod vttine from and afterthe date of the ofdlitance EstabSst mg Itce Special Samce Nee These 'N�shag-0e n addtron to alhnthettaxes pemptted b h+i and stiallbe tzaed pursuan to 1ho pTotinsior+sot'trye 2ropertyTax Code{35 ACS 2�ilt]rtsegi The-tax�evirs, are li+[ended to pra�uce�pptoz+mately StD31. 00 annum ty 1 r{1 the cost et tice�ernces described above Tt a Gty of Elgin Aowever-may annuali Uup to theme 7mT speced7n U+e ordinance esyabUshtng{he Syecfa�Service/troy to ihe services Aesct3ed above a d seitncebecome cessry and to prml�ded by p+ Gdy`,of Qgm1a wdhstandmg thaioregburg� s shalltiot he ievred hefeurtderall ihe propose 5peaalSev+ce Area�sliall remamaheyant and shall take effect onry n he , or a nu ihe hpmeowrlervm other ptopeAy owner assocfabdn reSpuA bTe o[' the prpperry thin ire y�opos ec{aFSery ce Area faro mamtarm rep�a,r raplac or�pay toe i{etmpmveman�fiesta+he abovaand/pY�iry telate4�caxstsfio�fitfios�eprove s sows tv_requ iheCttyot Qgx to assn neethhps�Oie ponsib+Nbes�he ltrann➢+naY'be? joumad byfheCry CaunGtafShe Clty a}E{g n to anothecdate vidhdut furher notice otherihaR a muhon fp MAN edropon ihe mmuEes ofits meepngfodR➢me uma and: I!a„ 5 ) I s'Z-'�' °�x�'s” .. -,- rF-x�"tea•-.� .aw,,..,z.-`^- Z•' .` � ceof adournme t °- > �' ' {fa�tabtt0na ecbn➢ Dee�abltshmentottheprc Sec `i etaxle ozheanp_slb�unatatax or`thepronslohpfspeaai irvic�smtheproppsed. a Specw�Sannce A�aa tasbee s pned Dy tleast tdty 6ne percent 5t�)of h+e egors residin�tthit�theprapased Spec l� Afea Iim by at least htiy-one percent. niif)ernmarsrecordaf theland uiduded wdhua>he hounder(s�f$taroposed SpeaatSarwce Araa amt isifed w th the Cdy of Qgq+Cdy UYerk+wtdm six �if1) days iot�owing ihefmal adlaltitryent of rite puhgc hearing tegardmgthe�slablishment of theproposed Spec,zl Service grea nosuch Spec,at Service Ar artiay be¢stab shed: yam-- e - € +R7'any aulev edar9mposed .mss E x x� rs '� �- `` T't�r S .n (Yafediht 26th Day of November 2008 _ww Utane Robedson Y� , 5 e .TTY IN- S..z-�:�'- '� L- "'. ,.•'> `5 -.. t r ' '0. Y z `t .�ay?Y`.. ..�7� �"' .t'. _- .-# 35 �'-r` -z. E (bR A - F a s lar.hzTPa offfieNorthf:Seel€ons25and26�Townsfnp42NDrlfi Range?Eastottii�e3find#rut��aeHd,anbesc+itsFA Bows BeglHningatthaSoutryeasrCom F' aTShe North st t]uaneJ 915ald Sectwn 26 3hence�So ith 88[hpree5 26��1�OS��arM`s Wes4�umed Bea�A g the South Line.ol�Northeast Duaner. 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Star d en s Pfa nT Ea51M,': Bnce Sodtp j lwqggq Se S a Tat • t u w� A-0 v� 'S�hence South 70 Degrees 54 Mmu...tes 07`Sacopds East,Along th65tau�ter�t�Ine o�SaFd NI; Alfen's Pla[,34G�'l�3 Feel t�ttia East ti f I he West lfiatf of ihe Northwest_ ilga?rtLuSa+d Sedfon 25�i+ence MOW 52;M+n�tes 49 Seconds EastAtongttie�ast Lme of Satd WeSt}1ay486 90feef to the Soutf+easst Garner ofd IS Na1�3fie ice So7tih BS IIegrees 30 hdlnufes 23 S @co�ids�West,plogg tWSouhiute nl the tvarl3t}°iasLOuarte{ofSaSfSadton 25 t327�6 FeetYo ih P�rsot fiegmmng��ry a�:,.,. .,.=.re c r?,� .o•=...' r,- .�•r.y, - r3s. ^�'d UT PI tta Tow i$1 1Ca a£aunty HOnos � "��.,-�'�>�� •�?,�'' - �� n 1"� ��^mar „"��-,��_� MPN ���w�������-���:��^�-� �,o-k-�€�������-rte--" �^-�Eld►ib�'8��� ���"� �..c �,-s� �•f y+�,+' ".-';k -z''-ar-4 �,, -a•- ,�`° --''�F+�. ", c2ss�„ s- ''e, -_ rte--r-s,-�`` �gy�.v -t+�a.' '.�"Y. � �"-'�v�.-r�4.^`'•�`CJ--L.�'1^• Fy -SS C• �Y'-v.�� - 9 , s- ter-• -F <w- �. t 'T a. 4 ;f Tom.- z t �,.� S 'ate'-.. ? ,.�• ,� �• r x..s+ y .>",Tli'> 3.5' -�w- �.�+- .�S°�•3'S' �'� �">_,�y-x '�.�„ �.-_rs SsrAtaryM 3':=�^� ::f �• ����- t�.. . �"? °u .r'-°-c - '" C �_..r-•w r-�,..�. y-err- ' .•*c`'-..fix.�r^c' ...r ,£- '4`�ec,'i 4�`<.a'+x.�f>- ..a :� c�".'�",r'i� � :: _ r.�C,�ty .3.-:'2 r 5,.. 'B^z*S` • �--yy^`�` .^ a"3.r- ` �,.., "�^" T _- "_ �i,-+�r _ ' r�..'-:� '-�F;_r�s��,,.s..-�..- n..�'�-rs:>� -�•�� _ PUdIiSh:Nav 29.2008 I • Notice of Hearing Sent by Mail SSA#24 Cedar Grove EXHIBIT B NOTICE OF HEARING CITY OF ELGIN CEDAR GROVE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 17, 2008, 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 901 Corron 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 to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch.. Swale, storm sewer, or other stormwater facility; costs of de- sign, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service Area will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.438 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establish- ing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $103,115.00 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 I • further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy; or the imposition of a tax for the provision of special services to the proposed Special Ser- vice Area has been signed by at least fifty-one percent (5 1%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (5 1%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, and is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Ser- vice Area may be established nor any tax levied or imposed. Dated this 26`h Day of November, 2008. Diane Robertson CITY CLERK • i Exhibit A Cedar Grove That Part of the North Half of Sections 25 and 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Southeast Corner of the Northeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Assumed Bearing, Along the South Line of Said Northeast Quarter, 935.80 Feet to the Centerline of Corron Road; Thence Northerly Along Said Centerline, Along a Curve Concave Westerly, Having a Radius of 1682.19 Feet and a Chord Bearing of North 05 Degrees 14 Minutes 48 Seconds East, an Arc Length of 435.06 Feet, to a Point of Tangency; Thence North 02 Degrees 09 Minutes 45 Seconds West, Along Said Centerline, Tangent to the Last Described Curve, 1122.66 Feet to the Centerline of Bowes Road; Thence Southeasterly Along Said Centerline of Bowes Road,Along a Curve Concave Southerly, Having a Radius of 2292.01 Feet and a Chord Bearing of South 66 Degrees 48 Minutes 37 Seconds East, an Arc Length of 59.99 Feet to a Point of Tangency; Thence South 66 Degrees 03 Minutes 38 Seconds East, Along • Said Centerline, Tangent to the Last Described Curve, 14.77 Feet to a Point of Curve; Thence Continuing Along Said Centerline, Along a Curve Concave Northerly, Having a Radius of 7162.03 Feet and a Chord Bearing of South 68 Degrees 29 Minutes 08 Seconds East, an Arc Length of 606.26 Feet to a Point of Tangency; Thence South 70 Degrees 54 Minutes 38 Seconds East, Along Said Centerline, Tangent to the Last Described Curve, 739.71 Feet to the Northwesterly Corner of a Tract of Land Conveyed to Michael A. Dimiceli and Cheryl A. Dimiceli by Deed Recorded as Document 91 K21899; Thence South 17 Degrees 55 Minutes 10 Seconds West, Along the Westerly Line of Said Dimiceli Tract, 215.57 Feet to the Southwest Corner of Said Dimiceli Tract; Thence South 70 Degrees 42 Minutes 02 Seconds East, Along the Southerly Line of Said Dimiceli Tract, 198.40 Feet to the Southeast Corner of Said Dimiceli Tract; Thence North 18 Degrees 36 Minutes 28 Seconds East, Along the Easterly Line of Said Dimiceli Tract, 181.81 Feet to the Northwest Corner of Lot 9 in Mary Allen's Plat of East Plato, Said Point Being on the Southerly Line of Said Bowes Road; Thence South 70 Degrees 54 Minutes 07 Seconds East Along Said Southerly Line of Bowes Road, 497.34 Feet to the Northeast Corner of Lot 3 in Said Mary Allen's Plat of East Plato; Thence South 19 Degrees 38 Minutes 28 Seconds West, Along the Easterly Line of Said Lot 3, 148.53 Feet to the Southeast Corner of Said Lot 3; Thence South 70 Degrees 54 Minutes 07 Seconds East, Along the Southerly Line of Said Mary Allen's Plat, 346.13 Feet to the East Line of the West Half of the Northwest Quarter of Said Section 25: Thence South 00 Degrees 52 Minutes • 49 Seconds East, Along the East Line of Said West Half, 486.90 Feet to the Southeast Corner of Said West Half; Thence South 88 Degrees 33 Minutes S23 Seconds West, Along the South Line of the Northwest Quarter of Said Section 25, 1327.36 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. • Exhibit B N 0 600 1200 Feet T. 41 N. Cedar Grove 23 24 m A r aawFSR ° Territory to SSA District ui T 26 2 Ira 0 o e a a 0 U i • r 35 36 Legal Description SSA#24 Cedar Grove EXHIBIT C Exhibit C Cedar Grove That Part of the North Half of Sections 25 and 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Southeast Corner of the Northeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Assumed Bearing, Along the South Line of Said Northeast Quarter, 935.80 Feet to the Centerline of Corron Road; Thence Northerly Along Said Centerline, Along a Curve Concave Westerly, Having a Radius of 1682.19 Feet and a Chord Bearing of North 05 Degrees 14 Minutes 48 Seconds East, an Arc Length of 435.06 Feet, to a Point of Tangency; Thence North 02 Degrees 09 Minutes 45 Seconds West, Along Said Centerline, Tangent to the Last Described Curve, 1122.66 Feet to the Centerline of Bowes Road; Thence Southeasterly Along Said Centerline of Bowes Road,Along a Curve Concave Southerly, Having a Radius of 2292.01 Feet and a Chord Bearing of South 66 Degrees 48 Minutes 37 Seconds East, an Arc Length of 59.99 Feet to a Point of Tangency; Thence South 66 Degrees 03 Minutes 38 Seconds East, Along • Said Centerline, Tangent to the Last Described Curve, 14.77 Feet to a Point of Curve; Thence Continuing Along Said Centerline, Along a Curve Concave Northerly, Having a Radius of 7162.03 Feet and a Chord Bearing of South 68 Degrees 29 Minutes 08 Seconds East, an Arc Length of 606.26 Feet to a Point of Tangency; Thence South 70 Degrees 54 Minutes 38 Seconds East, Along Said Centerline, Tangent to the Last Described Curve, 739.71 Feet to the Northwesterly Corner of a Tract of Land Conveyed to Michael A. Dimiceli and Cheryl A. Dimiceli by Deed Recorded as Document 91 K21899; Thence South 17 Degrees 55 Minutes 10 Seconds West, Along the Westerly Line of Said Dimiceli Tract, 215.57 Feet to the Southwest Corner of Said Dimiceli Tract; Thence South 70 Degrees 42 Minutes 02 Seconds East, Along the Southerly Line of Said Dimiceli Tract, 198.40 Feet to the Southeast Corner of Said Dimiceli Tract; Thence North 18 Degrees 36 Minutes 28 Seconds East, Along the Easterly Line of Said Dimiceli Tract, 181.81 Feet to the Northwest Corner of Lot 9 in Mary Allen's Plat of East Plato, Said Point Being on the Southerly Line of Said Bowes Road; Thence South 70 Degrees 54 Minutes 07 Seconds East Along Said Southerly Line of Bowes Road, 497.34 Feet to the Northeast Corner of Lot 3 in Said Mary Allen's Plat of East Plato; Thence South 19 Degrees 38 Minutes 28 Seconds West, Along the Easterly Line of Said Lot 3, 148.53 Feet to the Southeast Corner of Said Lot 3; Thence South 70 Degrees 54 Minutes 07 Seconds East, Along the Southerly Line of Said Mary Allen's Plat, 346.13 Feet to the East Line of the West Half of the Northwest Quarter of Said Section 25: Thence South 00 Degrees 52 Minutes 49 Seconds East, Along the East Line of Said West Half, 486.90 Feet to the Southeast Corner of Said West Half; Thence South 88 Degrees 33 Minutes S23 Seconds West, Along the South Line of the Northwest Quarter of Said Section 25, 1327.36 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. i Location Map SSA#24 Cedar Grove EXHIBIT D t Exhibit D 600 _ 0 600 1200 Feet T. 41 N. Cedar Grove 23 24 Territory to SSA District W r� 26 Q 36