HomeMy WebLinkAboutT3-09 •
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2009K020332
State of Illinois) SANDY WEGMAN
County of Kane) ss RECORDER- KANE COUN'T'Y. IL.
City of Elgin ) RECORDED: 1/18/2009 12 14 PM
REC FEE: 4; 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.
64 ,l, vt-
(SEAL) � ..o.
City Clerk
This instrument prepared b .` ` '! Return to:
William A. Cogley Diane Robertson
•Corporation Counsel ;;i �<. Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
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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
rElgin 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.
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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.
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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 �..•0 F <C
Omnibus Vote: Yeas: 5 Nays: 0 ' '•�' �ti `_
Recorded: March 5, 2009
Published: March 6, 2009 '`-n ry
te
Attest:
Diane Robertson, City lerk
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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
F 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.
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A Exhibit B
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"* o 600 1200 Feet T. 41N.
Cedar Grove
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SSA District
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•. .•.....'... -•• NOTICEIT:REARING :
!(0 E;SUBDIVISION•
.. :. '. CEffAR G. V
< .,•:•.••••• - LSEAVICESARFJf
NOTICE IS'HEREBt.DIVENthat bn'.Decernher:l7,2008;•at 7:00.pmPnCtlhe�City:Council Chambers:at Elgin•Cry Hall,150 Dexter Court,Elgin,lllindis.a hearing will ire j
r hod bythi C–ity Dri-uheit.of the Citydt Efgin to cansiderttle establishment•dfa 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 prepersed Special Service Areas 901 Carron Road in the city of Elgin Kane County,Iilinais.An accurate may depicting the location of
the proposed SpeciaiServiceArea.is attached to and ihcsrpdiated tyneitorif ride rita this notice as'Exhibit B.. ..••....
All interested persons attested bythe Proposed ostablishrnent of the Special Service Area will be provided:.wirti'an opportunity to be heard on that issue and may;object
to.the establistinient of the Special Service Area avid the tax levy affecting that Special:SerVice Area
The purpose for estabtshingtheSpeciial Service Area;is to prelvide services including the operation,maintenance,repair,rehabititalloh,replacement and reconstruction
of any sde;nrnoff storage area,drainage way,ditch,swale;,utorm sewer,or other storrnwater facility;costs of design,engineering and other censuhing.services,surveying
and permits,pudic liability irisgraice;•and all adininislrative,legal and:othe•'costs or expenses incurred.in connection,therevrhh and with the administration of the Special:
••Servica Area,Mettler nil the repayment of any loaner debt Incurred.faiths provisionofsuchservlees.All thedescribedservicesdescribed.areuniquear...dinadditiontoservices
generally provided by the City at Elgin.•• ,::;..:":.:_••••.`. ... •• .
At the hearing,.all•persons:affected will be'.previded,Milian•oppartunity to be heard,At ihe.hearinp,a tax levy for the Special Service Area will.be considered;The
proposed animal tax levy for-the Spe,c'ial:'Serrice Aida'is in an amount not to exceed an dnnrial rate-of:1.438 of The equafrzed assessed value of the propertywithin.Ltie
''proposed Siiecial,SOrgice Area`aoil the tax wdhbelevied for an indefnileperbd of time'.troin and:after.the dafe.othe ordirtagce estatilishipg,the Special Service Area These
• taxes shalt'be;m•addition tar all other taxes permMe'd.bylaw•aitd sha4 be levied pursuant to theprovis ohs of the Property Tax Code(35,ILCS 2001.1-1 it sag}.The tax levies
1. are late-tided to produce approximately 5103,115,p0 annually for the cost ot.the seroiies described ahove..The City of Elgin,however,may annually levy up to the maximum
rate 5pecdredlnthe ordinarace.establistdng.ttie Speciak Service Area Air the cost oFthe;serviced•describes)above as'said services necoma necessary and are provided•ply--the
Cityflt:Elyin.Notwithstanding the fpregoirig faxesShall not be levied hereunder and the proposed Special Service Area shelf remain abeyant and shall take effect only in the
' event thehoti+eowners'-or other properly owner association responsible for the property within the proposed Special Service Area fails to maintain,repair,replace or pay for
tire+mproue penis described above and/dr any related costs for those impiovemerds,so as to requirelhe City•of Elgin to assume those responsibilities.The hearing may,he
.adiourreif by the•CityCOtnicil of the C.iitj of.Etgin teenother:date:without further notice:other than a motion iota entered upon the minutes of its meeting 6xngtha:time and
place,el its a diou,.. .„ , . . :..: :: :. ,•t tis eenn
' ;: ;� .Itapetd'an:oblechrtgtoUie.astaolishmentoflheprgposod$peelafServiceArea,fhe tax levy,o vibe;mposiEiortofataxfor the provisionof.specialservicasiothepreposed
Special Service Arealias been signed.by at least Jiffy-dire percent(5.1%}of the electors resin ng within:the proposed•Special Service Area and by at least fifty one percent
r. (51 7/4 of tine:owrrers te:•record of the land irrcluded.within.the boierdariessit ihe.proposed.Special Service Area,and is filed with the City of.Elgin City Clerk Within sixty,:(60t
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it Miley/log thetinal adf oaremerd ot.the public hearing regarding the establishment nf:the proposed Special Service Area,no such.Special•Seance Area maybe estab;ished
• nor any tas levied or imposed
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Dated this 26tir flay of fJoverbet,•2008.,.
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Diane Robertson ' '..;.. . • -.
CIiY.CLERIC'.::•• .
EidrifiltA •
CedacErore -
. itiatPart ufthe Notfh.Half of Sections 25'and:26,Toweship4f•North,.Range 7:East of the.Third Principal Meridian;Described as Follows:Beginning at the Southeast Corner t`,
of the,NortheastQiirter.of SaidSecton 26;Thenco•Sooth 88:De.grees 26 Minutes 05Seconds West,Assumed Bearing:Along the South Line of Said Northeast Quarter.
• 935:80.Fae[.tolhe,Cerrlerline.ofCartonRaaA;lfieoceMcttherlyAlargSaidCernetliiie,::AlcrgaCurveCOhcaveWesterly;tlavingaRadius.oi1602.t9f'eatandaChord';Bearing
of Aorth 05 Degrees 14•Minutes 4BSeconds*.an Arc;Length.af 43506 feet•to a Point ef Tangerrcy;.Thence North 02 Degrees 09 Minutes 45 Seconds West,•Along Said•.
Centerhne,Tangent to tfreilastpeseiibed Cure,tf2266 feettefhe Centerline of howes-Road;ThenceSoutheasteily Along Said Centedine of Bowes Road,•Along a Curve•Concave Sooltredy,Having a Radius bf 2292.01T and a EhxXd peening et 9a rh66 Degrees 48 Minutes 37 Seconds East,anArc i.ength'et 59.99 Feet to a Point Of Tangency;
r Thence South.66 Degrees,03 Minutes Da Secands,Fast llan9Seid•Centerline,Tangent to'the Last Described Curve,14.77 Feet to a Point of Curve;Thence•Continuing Along:
Said Centerlines Along.a Curve Concave Northery,Ho'rr a'Radius•of716213 feet,.and•a Chord'Healing of South'68 Degrees 29 Minutes 08 Seconds East,ari Arc t rigth of
606.26'Feetto a Paint of Tangency,Thence South 70 Degrees 54 Minutes 38 Secondsfast;Along Said Centerline;Tangerrtto the Leif Described Curve,•739.71 Feet;to the
hiss
Nerihwostedy Cramer Of a Tract ot:Land Conveyed to Michael A.Dimiceli and Cheryl A Dimiceli by:Deed ffecordedas Document 91K2i809;Thence South •713cgrees SS r
.:Miriules:..V.Seconds.West,Along tire tflesterlyilneol Said fimiceliTriad:215.57 Feet to"the Souttawest:Cerner•ot.Saie Dimiceli•Tract;Thence South 70 Degrees.42 Minutes:
'.92 Seconds East.Along'the Schee Linenf Said Dimiceli tract:198.40 Feetlethe:Southeast Corner etsafd Dimiceli Tract;Thence North 18 Degrees 36 Mirnites'28•Sneonds
.-East,Along the Easterly Live•or Said.Dimiceli Trent;181.81_Feettothe.Nerthwes3 Corner of Lot•9inMary-Alien:s.plat ofEast•Plato;:Said•Poin Being on.tire:SouthedyLine
at Said:Bowes Road;.Thence:South 70 Degrees'54 M nute5,07 Seconds East Along Said:Southerly Lrre of Bowes Road,497.34 Feet fothe Northeast Corner of tot 3.in Said
: Mary Men's Plat of East Plato;Thence South 19 Degrees 38 MmuteS 28 Seconds West Along the Easterly Line of Said..Lot3,148.53 Feet to the Southeast Canter oi.Said Lot
3;Thence Saudi 70 Degrees 54 Minutes 07 Seconds fast,Abed the Southerly Line of Said Mary Alleus Piet 346.13 Feet to the East Line'of the West Half et•xhe Northwest
.Quarter of Said.Section25:.Thence Sorth 00 Degrees 52 Minuted 49.Seconds'East,Along the Eastlirie of Said West flail,486.90 Feat'to he:Sautheast:COrner of Said•West
• Haft:thence SAi1ih.BB Degrees 33 Minutes 23 Seconds'„Jest;Along the South L+Tie o.,the Northwest'tl i.....,f Said Sestina 25..1327,36 Feet to ttie Place of:08ginning,n
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Plato•-•..ship,Kane County,lilinois.;....'.'
Exfiititt B
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, Publish:Nov 29,2008
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FOX VALLEY PUBLICATIONS
Certificates of Publication
State of Illinois—County of ❑Cook g Kane [(Lake El 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. 1874,
P728 Sec 1,EFF.July 1, 1874,Amended By Laws 1959,P1494,EFF.July 17, 1959.Formerly
III.Rev. Stat. 1991,CH100,P1..
Note: Legal Notice appeared in the following checked positions.
PUBLICATION DATE(S): //,/ e
/-7L-4--2,g/C/
/
Daily Papers
❑ The Beacon News 12 The Courier News
❑ The Herald News ❑ The News Sun
❑ The Naperville Sun
Weekly Papers
❑ Batavia Sun
❑ Bolingbrook Sun
❑ Downers Grove Sun
❑ Fax Valley Villages Sun
❑ Geneva Sun
❑ Glen Ellyn Sun
❑ Homer Township/Lockport/Lemont Sun
❑ Lincoln Way Sun
❑ Lisle Sun
❑ Plainfield Sun
❑ St. Charles Sun
❑ Wheaton Sun
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IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certificate
to be signed and its official seal affixed at Glenview,Illinois
By
OFFICIAL SEAL
PATRICIA E. DREAS
NOTARY PUBLIC,STATE OF ILLINOIS
John G.Bieschke
MY COMMISSION EXPIRES 8.18-2011
Legal Advertising Manager (Official Title)
Subscribed and :••orn t. .-fore me this � J Day of f. A.D. r) (70(1:-
) C70J_
By: 055j ,(
Notary Public
' NO
iltCE OF HEARING.
r CITY OF ELGIN,. "
_, ._... .:. .. ...:.: ;:::.i:CEDAR G,ROVE.S.UBOIYlSION,.......r:..;:.:'.. :..:i�..• :..:.',' '
: SPECUILSEHVICE•' n i•r .:-NOT'
OTICE iS HEREBY GIVENIhaton December 17,'21308,.at7 00 P.-m ai the Cliy Councd Chambers of Elgin City Hall,150 Dexter Court,Elgin,Illinois,a tearing will be.
hold by tti City Count".of me.City gfFJgir...........o ent/:der the es,.-atshment of,a Speraat Service Area consisting of territory legally described in Exhibd A which Is attached to and
rnem-poi by reference into this ropes ;
The apprmcmateaocahon of•the proposed Special Service Area a 901 Corron Road irithe City of Elgin Kane County Illrnols An accurate map depicting the location of
the proposed Speed Service Area is attached to and incorporated by reference into this notice"as'E dilbd B .,
.> All interested.persons.affectedby the proposed establishmegt of the SpecialSe via Area will be:prot4ded with en opportunity to be heard on that issue and mayobject
to the Wishmerirot the Special Service Area and the tart levy aryect rig that Special Service Area "
purpose for estaolishingthe Special,Sernce Area.Is to provide services including the operation mamLnance repair,rehabihtaiion,'repfacerrienlond reconstruction
et•arty.site ruri ff sf orage area;drainage vray ditch;sv�ale,;stomr seweor other.atermwater:facllitr costs-of design engiriearinQ and pther'consufting services•survey rig
and permits,pubNC Ilabdity:lnsi anc0.aaa agadmrnrstrative;tegal and oilier rostsor expenses;iricurred kr connection therewith and with.the administration yt the Special
I Service Area,mcludmp the repayment of any ban or debt Incurred fur ttiie prowl ion et such services:All the described services described are unique and rn addition to services
pane altyprovidedl>y dvi Guy a`Elgin :
At tiie hearing,all persons alluded will bu provided.with an oppertun ty to be heard:At the'hearing a tax.levy for the Special Service Area will be considered.The
proposed:annual tax tot ihe'Special Service Araa'ts In an arnoiaitnot to azcae°an,annual.rate-ot 1 438 of.ttie:equalize d assessed value ot.ute property within:the
pioposed•Special Service Area and the tax will be tev,ed for•an indefinite pedpd of lima from aadettertheitlate of the.ordlnance:estabistiing the Special Service Area These•. ...
r- rsuari 10 the provisfoni:gt the.f?rop. ..: •Code(-. "•200/i
ny-1,y set.The tax im es•..'lutes shall be 0:8 ditwn to alt pthcr.faxes pamti,oci by Ww and'shall be tevfed pu::•;...t.:...... ..: ....;;Otzr,,. c''u,•to the maximum I•sic Intended to produce approximately$103,115 R annually.for ttre cost of Qte services described above The City of Elgin;:however,may ahnually'l cry up
.to
an,the ordinance establishing the Special Seryice.Nea far the cost.o(Shesennces described ahove.as satdseq±icesbecome necessary and;are prmtided by:the•Cfty of Elgin Not-witistanding theioregoing taxes shall nat.be levied hereunder ao l th4 proposed"roiks�erv¢e Area shall remain abeyant and shall take effect only irrihe;
iyent the horneowners':on other property ...owner,a ssoclati6rr responslhle fot7te property Within the propose}Spec(al Service Area tailstdmaintain,repair,replace or pay tec.
• Rho imptovemerita described ahov-eandlor any reldie.d costs for tftose•Improvements;sa a0 tarequrre Itie City pt;Elgin to assume those responsrbilIties:The hearing maybe
adjourned by iheCity Council othee City of Elgin to another date without lumber notice other than a 0 at c n to be entered upoailte minutes of its;meeUUg Tixlnp file time and
place of "adjournment
{tittatlfmn cbng(otheestablishmentattheproposedSpecaaI;5ervlceAreazhetaxlow ortheenposibunefata(tortheproviuiohpf.speciatoervlcestotheproposed
Spo.1'..# rvxx Area:has been sighed by at least fifty-acre peicenq 1*n1 Ate efectcrs t eIdin within the proposed Speptal,Service Area•and by at.least fifty-one percent
tij51%)cflhe miners f!*...: of the land included•wdtm the bougdanes;3t the prmppsad•Special Service Area,and billed with the City of Elgin Cdy Clerk within.sixteene. ).
11ayo fotlowing the boat dloummeht of the pubic hearing`regardipgtheestabllsbment'at the➢reposed Special Sennce Alen eiosuch S-.%--- Service Areamay be established
noreny.ax bvied oilmposed =
L0afedts$26th Day of November,2008
I Mane Robertson
CtTv CLERK
EihlhltA -
Ceear l,tarn d '
]hatfartaltilc NuAh Hmr of Sections 25 and26 Township 41 'T-NbtBt Range 7 Eat atthe 3hird Prin.iF i f teridian Described=as FoYows.Begkininq`at the Souttleast Gorier
ai:the.Ngrlheast:Duarter of$ald'.Srctian 2fi;'.Thertce.Soeth`68 Degrees 2fi Migt{tes.OSSeconds West Assumed Bearing Along the South Line of Sal.d Northeast Quarter.•635.0 Feette rho Donterhne of Corron Road;Thence Northerly Along Said..CeoterlIne,Along a Curve Concave Westerly 11aving•a•Radius or 1682.19 Feet and a Chord Bearing
1. noth of 435.06Feet<tn a Poo$of Ta•'nn tin f'151fegreest'd Mna of;tae Seconds East an Arc Le Tangency;T(lernx..ri(nrth 02,Degrees 09 MI ut9s 45 Seconds West;Alodq Sold
_Cedl!rfrle Tangent to the Last Described Cure 8122 66 Feet to the t,enterkna ol`Bowes head Thence Southeasterly7lbe8 Said Centerine of.Bowes Road;Along a Curve
r CoheaOeSoutherlyHatfjrtgaRad iu's;o12292.01;Feet and a CordBeanh4hfSouth$B0etig eS 48Mrhbtes37SecbrtdsEas4,a nArcLengthof59.99Feetfo'aPolntofTangency:
• Thedce South b6 Degrees 03 Minutes."3/1".5 econds East,Along Said Centebine Tangerine the 1astDescnbed Cuge 1 4 77 feet to a Pointof Curve;Thence Contirturng Along
`,'Sa(t G;erkna Atoneacurve caveNartheifyitavinpa;Radhlsq(JR�20.1P6atandaG1,0- garinggj9GuthEd egrees29Minutes08,lb d,de ve,;7an�iteLergth:of
• If6`,26;foet bra`PofnCof Tangency,:Thence Spoth 70 Degrees 541Wntiils 38 Seconds East;.butte Said Genterk:de Tangent td the J,ast Described Curve 739.71 Feet to the
;., .5- . D o. mint 61K21899i Thence South;17 42.Mi s 55.
"t'rrttLwes i'nv Comer of a Traci of Land conveyed to Michaer A f)im ce-and Cheryl t Dl e-ei y eed Recorded as Dpru
rw
rtlpb�JOSegorigsWestAloneifia. Lieferfit laeofSald'DlmitfellTract 215.57feet)atheSauthi ,ef7Cornerof$ofd>?rmrcel(Tract;j,4gi..oueh70"Degr4es4iMinutes
a0;SeQoa sEast, torglltdSoutheilyLuteo SaktOtmicek,Yfact,�9840FeattarhnSoa COrner-r ii dpgnlcaft act,TtienceNorth BDegrees36,Mlnutss28Seconds.
;1 one the:Easterlly Line of Satd•Otmiceb Tract 181.81-Feette the NorthWest{Co fiterof Lot'P in Ma i jt len'o Plat o1.1:4::tato�Saie.Nott Being'oft the Southerry Line.
of Said.Bptvee Road;.Thence south`7QDegiees 54 Minutes 07 Secondsfast AlongSad Southerly LIne`oE.Bowes Read,497,34 Feettq the NoriheaoLCOrner 9t Lo13•in'Said
4AaryAliensFlatciEasfPlato;;1 ence.Sett:e19Degrees38Minutes28:SecondfWestAIo 4theEasterlyLi(teofSa1ci;Lat t4853 eeltotheSoutfeastCornerat$aidLot
t enCe Soutti 7t)Deprees`54 Minutes 07 Seconds East;'Along tltrf Soot iedy}ln`e'otSaid'Adary Anent:Mat 3'+{ '13 Feel toffee East Line of the West ifalf M the Northwest•
Quarter of Said Set pin'25 Thence South 00 Degrees 52.Mintites 49.Secnn¢s East;Along tie East line of SaId West Half,486 90 feet fo the.Southeast:Corner of Said West.
Halt TtIepca 5OUt 68•Dpgrees,331ylinutes 23 SEc0nds West.AIDgg the South Line of the NorthWest Quartet of Sa d Srd 25 1327,35 Feef5o the Place of Beginning,.ln
Pleta;Yowrzsh:�+Carta r:'n inty,8frnas Y
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•: Publish:Nov 29,2008
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
further notice other than a motion to be entered upon the minutes of its meeting fixing the time
and place of its adjournment.
If a petition objecting to the establishment of the proposed Special Service Area, the tax
levy, or the imposition of a tax for the provision of special services to the proposed Special Ser-
vice Area has been signed by at least fifty-one percent (51%) of the electors residing within the
proposed Special Service Area, and by at least fifty-one percent(51%) of the owners of record of
the land included within the boundaries of the proposed Special Service Area, and is filed with
the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public
hearing regarding the establishment of the proposed Special Service Area, no such Special Ser-
vice Area may be established nor any tax levied or imposed.
Dated this 26th Day of November, 2008.
Diane Robertson
CITY CLERK
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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 B
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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
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.
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Exhibit D
300 0 600 1200 Feet
T. 41N. Cedar Grove
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