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HomeMy WebLinkAboutT4-09 (2) 20CD9V<020331 State of Illinois) SANDY WEGMAN RECORDER - KANE COUNTY, IL County of Kane) ss Ci Elgin RECORDED: 3/18/21149 12:54 PM City of g ) REC FEE: 58.E PAGES: 29 Recording Information CERTIFICATE OF CITY CLERK I Diane Robertson, DO HEREBY CERTIFY that I am the dulyqualified CityClerk 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. T4-09 AN ORDINANCE ESTABLISHING THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#25) 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) 1...O-F &-i.' ..Li k LQL).. _ *: ".,:. L` <1. City Clerk '^, Return to: This instrument prepared b :� �N. '`'�% 4.�`'� �, William A. Cogley :lc \.j;i <' Diane Robertson Co oration Counsel \<,%). 0'' Elgin CityClerk ' Corporation 'v -' g City of Elgin ' '''''r»'`_`'.^ 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Ordinance No.T4-09 AN ORDINANCE ESTABLISHING THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#25) 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 Stonebrook Unit 1 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. T40-08, entitled "An Ordinance Proposing the Establishment of the Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area consists of approximately 62 acres located south of Bowes Road and west of Corron Road in the City of Elgin. An accurate map of the Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area in an amount not to exceed an annual rate of 1.653 [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 Stonebrook Unit 1 Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $62,736.00 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. Ed Schock, Mayor Presented: March 4, 2009 " ;O F Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 0" Recorded: March 5, 2009 �; . .'� �'_ Published: March 6, 2009 .�, IQ;�-�a Attest: Diane Robertson, City erk Exhibit A Stonebrook Unit 1 That Part of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Northwest Corner of the East Half of the Southeast Quarter of Said Section 26; Thence South 01 Degrees 06 Minutes 24 Seconds East, (Assumed Bearing), Along the West Line of Said East Half, 976.78 Feet; Thence North 88 Degrees 53 Minutes 36 Seconds East at Right Angles to the Last Described Course, 64.35 Feet to the Centerline of Said Corron Road; Thence Southerly, Along Said Centerline of Corron Road having a Radius of 1790.73 Feet and a Chord Bearing of South 07 Degrees 38 Minutes 41 Seconds West, an Arc Length of 141.41 Feet; Thence North 84 Degrees 37 Minutes 03 Seconds West, 60.00 Feet; Thence North 37 Degrees 56 Minutes 44 Seconds West, 71.81 Feet; Thence North 82 Degrees 02 Minutes 52 Seconds West, 25.81 Feet to a Point of Curve: Thence Westerly Along a Curve Concave to the South, Tangent to the Last Described Course, having a Radius of 717.00 Feet and a Chord Bearing of North 85 Degrees 35 Minutes 49 Seconds West, an Arc Length of 88.83 Feet: Thence South 01 Degrees 47 Minutes 03 Seconds East, 41.23 Feet; Thence South 88 Degrees 12 Minutes 57 Seconds West, 66.00 Feet;Thence North 01 Degrees 47 Minutes 03 Seconds West, 41.23 Feet; Thence Westerly, Along a Curve Concave Southerly, having a Radius of 717.00 Feet and a Chord Bearing of South 80 Degrees 55 Minutes 39 Seconds West, an Arc Length of 116.39 Feet to a Point of Tangency;Thence South 76 Degrees 16 Minutes 38 Seconds West, Tangent to the Last Described Curve, 92.26 Feet; Thence North 13 Degrees 43 Minutes 22 Seconds West, 66 Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 35.30 Feet;Thence North 13 Degrees 43 Minutes 22 Seconds West, 135.00 Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 139.11 Feet, Thence North 11 Degrees 18 Minutes 50 Seconds West, 757.76 Feet; Thence South 78 Degrees 41 Minutes 10 Seconds West, 201.00 Feet; Thence North 11 Degrees 18 Minutes 50 Seconds West, 6.01 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds West, 158.32 Feet; Thence North 80 Degrees 18 Minutes 34 Seconds West, 175.66;Thence South 73 Degrees 05 Minutes 55 Seconds West, 66.00 Feet; Thence North 16 Degrees 54 Minutes 05 Seconds West, 51.12 Feet; Thence North 72 Degrees 46 Minutes 07 Seconds West, 146.99 Feet; Thence North 85 Degrees 48 Minutes 09 Seconds West, 103.99 Feet; Thence South 75 Degrees 50 Minutes 01 Seconds West, 107.92 Feet; Thence South 21 Degrees 26 Minutes 31 Seconds East, 9.08 Feet; Thence South 68 Degrees 33 Minutes 29 Seconds West, 66.00 Feet; Thence South 48 Degrees 11 Minutes 52 Seconds West, 99.86 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West,405.01 Feet; Thence North 44 Degrees 16 Minutes 18 Seconds West, 135.00 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 54.30 Feet;Thence North 45 Degrees 04 Minutes 52 Seconds West, 66 Feet; Thence North 44 Degrees 31 Minutes 42 Seconds West, 135.00 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 89.54 Feet; Thence Westerly Along a Curve Concave to the South having a Radius of 442.00 Feet and a Chord Bearing of North 86 Degrees 11 Minutes 37 Seconds West, an Arc Length of 79.47 Feet to a Point of Tangency; Thence South 88 Degrees 38 Minutes 54 Seconds West, Tangent to the Last Described Curve, 184.93 Feet to the West Line of the Northeast Quarter of the Southwest Quarter of Said Section 26; Thence North 01 Degrees 21 Minutes 06 Seconds West, Along Said West Line, 66.00 Feet; Thence North 88 Degrees 38 Minutes 54 Seconds East, 184.93 Feet to a Point of Curve; Thence Easterly Along a Curve Concave to the South Tangent to the Last Described Course, having a Radius of 508.00 Feet and a Chord Bearing of South 88 Degrees 57 Minutes 15 Seconds East, an Arc Length of 42.50 Feet; Thence North 00 Degrees 16 Minutes 53 Seconds West, 135.23 Feet; Thence South 87 Degrees 20 Minutes 22 Seconds East, 69.31 Feet; Thence South 75 Degree 02 Minutes 07 Seconds East, 105.65 Feet; Thence South 68 Degrees 33 Minutes 57 Seconds East, 36.34 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 208.44 Feet; Thence North 15 Degrees 38 Minutes 13 Seconds East, 92.22 Feet; Thence North 11 Degrees 27 Minutes 30 Seconds East, 73.57 Feet; Thence North 43 Degrees 17 Minutes 21 Seconds East, 114.68 Feet; Thence North 61 Degrees 23 Minutes 54 Seconds East, 77.78 Feet; Thence North 62 Degrees 23 Minutes 50 Seconds East, 95.55 Feet; Thence North 67 Degrees 10 Minutes 31 Seconds East, 63.28 Feet; Thence North 89 Degrees 00 Minutes 52 Seconds East, 126.56 Feet; Thence South 69 Degrees 08 Minutes 47 Seconds East; 126.56 Feet; Thence North 18 Degrees 50 Minutes 15 Seconds East, 124.98 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, 51.87 Feet;Thence North 67 Degrees 11 Minutes 05 Seconds East, 193.34 Feet; Thence South 80 Degrees 16 Minutes 34 Seconds East, 71.38 Feet;Thence South 81 Degrees 42 Minutes 22 Seconds East, 55.00 Feet; Thence North 83 Degrees 12 Minutes 49 Seconds East,48.65 Feet; Thence North 75 Degrees 59 Minutes 05 Seconds East, 117.93 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, 306.17 Feet to the South Line of Parcel A in Saddlebrook Unit 3, Recorded February 18, 2004 as Document 2004K019665;Thence North 88 Degrees 45 Minutes 14 Seconds East, Along Said South Line, 381.81 Feet to an Angle Point in Said South Line; Thence North 54 Degrees 45 Minutes 24 Seconds East, Along Said South Line, 300.00 Feet to the Northwest Corner of Lot 8 in Unit No. 1 Saddlebrook, Plato Township, Kane County, Illinois; Thence South 38 Degrees 04 Minutes 22 Seconds East Along a Southwesterly Line of Said Saddlebrook, 340.00 Feet (Measure = 340.05 Feet) to an Angle in Said Southwesterly Line; Thence South 43 Degrees 30 Minutes 48 Seconds East, Along a Southwesterly Line of Said Saddlebrook, 341.92 Feet (Measure = 342.08 Feet) to an Angle in Said Southwesterly Line; Thence South 78 Degrees 02 Minutes 45 Seconds East, Along a Southerly Line of Said Saddlebrook, 252.76 Feet (Measure = 252.83 Feet) to an Angle in Said Southerly Line; Said Point Being 40.00 Feet Westerly, (Measured at Right Angles Thereto), of the Centerline of Corron Road; Thence North 87 Degrees 50 Minutes 15 Seconds East, 40.00 Feet to the Centerline of Corron Road; Thence South 02 Degrees 09 Minutes 45 Seconds East, Along Said Centerline, 45.43 Feet to a Point of Curve; Thence Continuing Along Said Centerline Southwesterly Along a Curve Concave Westerly, Tangent to the Last Described Course, having a Radius of 1682.19 Feet and a Chord Bearing of South 05 Degrees 14 Minutes 48 Seconds West, an Arc Length of 435.06 Feet to the North Line of the Southeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Along Said North Line, 389.75 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. A Exhibit B N 1000 0 1000 Feet T. 41 N. Stonebrook Unit 1 i Il 23 24 , cy 1 illra :•,, :, . .,. . ii -.: Territory to1 SSA District ........ . 11111% Aili.,,. ., „ IR.1,,,,, r, J ti 26 4401/* ci .. All I. moll ill _____........r arigli 3• 36 I i -y'a.' .i'r v r•---... ',..' �_ NOT10E OF NEARING 1 - e_ 't r. .. .MG 3v.T:_. ...' CITY OF ELGIN • - `'` > - STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY OVEN that on December i7,2008,at7-O0'p.m.in the City Council Chambers,gi Elgin City Halt 150 De der Cour;Elgin,Illinois.a hearing'Atli be held by:he Cry Council of the City of El;in to consider the establishment ofaSpecelStlyfceArea algoftetitOeyegale�esisrbedrgExNMkwhiclisattached toandrncor rafedbyrefetenaerrfothrsnbtxi'. The apprdkima1@'(oaao a71 Drdpased`SP -5erveAreais`I000 Carton-'Road)n the City of EE rt ni 5`ounty'a)8rWr5 AndcWrale map depicting the location of tha proposed Special Service Area is attached to andiinco`rperatedtby. reference ado tliis nobs TtS " ? Allrrl•erested�rs ns�afededliy8ieptaposedestablshmentoftheShecialserviceArearri@bepa Idedwdhanopportunityto,beheardonthatissueandmayob;ecttotheestablishment"oftheSpecialSernceAreaandthetaxlevyaffectrill that Sheers Service Area • • • • • • The ptosetarestabhsdkgthe Special-Service Area in to provide services includng the operation maintenance,repair,rehaalltation,replacement and reconstruction of any Site runoff storage area,Drainage way,ditch Swale,slam sewer, or otter stannwater faal'tr_erists of design;•engineenngand other'consulting services stIrveyfng and permits public-ltatiildy assurance,and all adttiirrrsiratve:terptand other costs or expenses Incurred n connection therawtth and w.tigik Udmudstrabdn-of heSpedal.ervsoglliea Iricturhnptheiepayment.ofanyloanordebLanptgedfartheprovrsfottotsucti'Samson Aittfiedescribedservicesdescrthedar@.un(g4@andira-addswotosirvlcesgeneralypral(eedbythe.Caminitlgin.. Al-- heath!g aY persons affected iSt be provvded wiNtan opportunity ea be heatat At the.heanng a ia?_r fe y forth.Special Service Area will be conasd er 'R hgpdse3 annuat(Eart�evyfor fhe.Special Service Ayes bi&r an amount riot fneceedlnannuatrat$offG53difthcequalizedassesse4Valueofthe'proparyTOOTrtUwpr0jiosed.SpecialSerysCdAreaandthetaxw lbeleviedforanin. •....fepe ndoftIniefroman ttltddateoftheorditanceils66fishitip:iheSpeaal ServrceAeea;.Ihesetaxesghalt-.be3rtaddNtontoalotfbr�taxespermittedbylarrattshapbOiii4edpursuanttothepruvisionsnfthePrdpertytaxCoded3&liC5200ft.&.etseq}.:Thetaxle arb1nt@n1edtoyroduceapproxinrat liiia 736.00 .ae04-ie �tlr Fact(resdaalbe7labove.TheCdyolElgm'however,may ann•uallyfevyoptothemndmumratespecifiedartheoodirtaneeeetablishingtheSpeaaEServiceAreatutth F. ..,.ihaseiwtesdescnbedaboveassaidservices became anif rrece9¢ery ary�ravidcd.sits�gtyOfBprn;2fotrntlrstaridNQtheforegofngtaxessltaY'not.@tev1edlie[e�radirandthepropoeed5pesass�rv(cekreasl�remairtabeyantands�allfa&e@(fecrag�ymth6evetrttri0rneowriersaotha: ynipatyowrlera to• n' Sponsor.for2heproper1ywafaotheproposedSpecial Service Areafalls to:fnaintain repair replace or.pay.tirctheenprovemetitsdescrl'bedabove andlar any related costs fa th�se.improvement ee.ast•brequiredie: ••CEdyQf�FJgla}It;tt wild. Setegpanglb toes:]1ttehesnp¢laaybedd(qurnq$by theCtyCouneftbftheCityofEllprttoanottioidatevethos>sfudliernoticeapsesNtanabtotiontotieentoyedupontheminutesatb ret bug tigtristiiis@andpicot; of its ar[ootOrgelrf _ .. Ifapefh(ggo faS.:4- rrjshhnentofth,}tpegposed,SpscrlS6*eArethefatrjevy;opts.impOSlUq otAtalffoptheprovisronotspecialsertrcesta.theprotosedSpecialSericeAreahasbe nsiggeQbyat tdy-onepercent- (51yJpt8thej'or rg;Idj1urt?h. rgposedSpe �'Artta andjlgat flttlf+fleyetcenf{5t%)oftttHpWrter p1.recgedpfthe:bedbrCluded fdrttheboundaresofthepropose6SpeciaL.ServceAr,andIsllbd.wlthttreCdyot. Elgip Cyq kith{n #jt{QQl daysfollAvdng'Ihe IInal.ai our rnetd iffitt::1.1).uhfiaeanng tegardiirg the ectal leehipentq ttie prep spedat_.$ervlce.ilrea no such 5pecial5ervrceAreY jr be est�.iished nor arytaxlevied a lmprsed s- Datedi ali,k 0a..,:a emGeG 20oB -. y 4hmte41erfson:' CITY CLERK' .. •^;;.., _ ���-Z,; - EzhibltA Sieaebrnel[Uati t : .. 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East726c5FiFee •ihe•dC SOorpr60Flepreesoo*11,1,547Seconds 12656 Feet.TeeneNorth18Decrees5UMK1rd,, 5SendEas1s124SBFhG y ``North900epieesDOMinutestQSemnds.Cact,5187Poe;Thencehoth67DegreesJt118rtutes115 ee a EasC� 4 711dt eSoW6 rde16MFnutes345sands:East,71at3FeeCThenceSauiJ81Degieesd2lAldi$es22Sa ids-4 ifast.55ODFeet;-Thrace,Northp4tOkt'12MbWtes4SSeconds East, 48.65FeeCTfenceNorth75d rees59Mjnutes05Seeon East.tt 'Fetrt-fitenceAoth00RegrewOgMinutesOo ddsEast:30&17feettofhe;SouUotln.Of� :gariglAihSaduilobroolr,Unit3.RecnrdedfAG,2nryt8-2O04aspocument2004KD19665:Thence,NorfhBB egrees45NinOfes1iS FaotAlongSaidSouthLine38TdtFeettoanl+nglepar SatdSouthLine;TltenceNdrtti�r4Degrees:I hos Minutes 24 Secondsfast,Along Sari1SOUth Une:36u:0o Feet to thin Northwest Comer of Lot B a111rit Na I Saddlebrtidly ptafoTOrmStlip Xsnetornty,IMei Thence South 38 Degrees 04 M1,utes22Seiondsfiact Along aS.nuthwesteiy j ;ine al-Said Secibrogk,34p.00 Feet(Measure-340.05•Feel)•to tha Nt7e in Said Sauer of Lorfytrrre-Theric.Sphgf 43:f roes30 Mlnutes483Seconds la �(fong a SODUsvtesterly Lbsegf'Said Saddlebrook,34b.92Fee(F Sire 342.08. Eee4t0 ardsae n SattrrresteryLine;'ThercoSouth78Degrees02Minutes.45SeegndsOustAlongaSoetheiry341:sardSaddfebeoO 253.75Feet(Measuro 252.83.Feet)toarPn leirrSatil?$otdhery aie SaidPpintBeing4OOq_I fiat_iNesterly.(Measure r AZpbfhrtplasll{ereto),of the CenterYpe of:.Cnrrois Road TharettNd ffp 87 Degrees SO Minutes f5 Sei ordsfasfw 108DFeetto.the Centerline of Corton Roxh 6ience Sougf 02 Daprees09;Mites 45 Seconds East.:1 UoilgSdIdCeoteilne4r93FeMto OietoFC9rve;ThenceCdnUnu1o8AtongSai Gerated4re5Wt8rwesferlyAibngaCunveI3ertes..W4stert/ianOenEiodieLast 0 ncrbed.Cr iisefaemgaRadius off682.19FentatdaCti'ordBeanngofSoulle i b5 Deptnes 14 Minttf@e48Spyonlfs(( aDArc Leng h of 435.06 Feet to the North tide of the Sdut.east Quarter of Said Section 26:Srience South 98Degrees 26 Minutes OS Seconds West Mang Said North Line,389.75Fee.to the Place of Bedanulp31PlaoT�Kaaetotln lr throats. AEx€irTsit 8 v t j Y\ I fiur 7 I `\ � s Iii`Tershery to -{"„ f i tSSA District '�� ( i r _ rte . 1 I! /F 28 ., �' `'. l '` ' v'!4ush'YW 2.vin -r FOX VALLEY PUBLICATIONS Certificates of Publication State of Illinois—County of ❑Cook RI 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. 1874, P728 Sec 1,EFF.July 1, 1874.Amended By Laws 1959,P1494,EFF.July 17, 1959.Formerly Ill.Rev. Stat. 1991,CH100,P1.. Note: Legal Notice appeared in the following checked positions. PUBLICATION DATE(S): //� Ve J / t2�. Daily Papers ❑ The Beacon News NIThe 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/Lockport/Lemont Sun ❑ Lincoln Way Sun ❑ Lisle Sun ❑ Plainfield Sun [1 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 C3FFICtAL SEAL 4(5;-,'1,4669 1,,; . � PAI'ROCIAI E. DREAS NOTARY Pll9LIC,STATE OF ILLINOIS tN+Y GQ�tMISsi0N EXPIRES 8.184011 John G.Bieschke Legal Advertising Manager (Official Title) --Day Subscribed and sw • .efore me this / —Day of aC �. A D. OZ)d By: fiff tf / 411° Notary Public • NOTICE OF HEARING CITY OF ELGIN STONEBROOK UNIT 1 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 Elein to consider the establishment of a Special Service Area consisting of territory legatly 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 1000 Corron Road in the City of Elgin,Kane County,Ilenois.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 vi`rith an opportunity to be heard on that issue and may object to the establishment 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 at any site runoff storage area,drainage way,ditch,swale,storm sewer, or other stormwater facility;costs ol 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 Special Service Area,including the repayment of any loaner debt incurred for the provision al such services.All the described services described are unique and in addition to services generally provided by the City of Elgin. Al 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 1.653 of the equalized assessed value of the properly within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area.These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Properly Tax Code(35 1LCS 200/11 of see).The tax levies are intended to produce approximately 662,736.00 annually f or 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 tor the cost°flee services described above as said services become necessary and are provided by the City of Elgin.Notwithstanding the foregoing,taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall lake effect only in the event the homeownersor other property 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 stun for the provision of special services to the proposed Special Service 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 filly-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(tie proposed Special Service Area,no such Special Service Area may be established nor any tax levied or imposed. Dated this 26th Day of November,2008 • • Diane Robertson . CITY CLERK • Exhibit A Stenebrook Unit 1 That Part of Section 26,Township 41 North,Range 7,East of the Third Principal Meridian,Described as Follows: Beginning at the Northwest Corner of the East Half of the Southeast Quarter of Said Section 26;Thence South 01 Degrees 06 Minutes 24 Seconds East,(Assumed Bearing),Along the West Line of Said East Half,976.78 Feet Thence North 88 Degrees 53 Minutes 36 Seconds East at Right Angles to the Last Described Course,64.35 Feet lathe Centerene of Said Corson Road;Thence Southerly,Along Said Centerline of Corron Road having a Radius of 1790.73 Feet and a Chard Bearing of South 07 Degrees 38 Minutes 41 Seconds West,an Arc Length of 141;41 Feet;Thence North 84 Degrees 37 Mingles 03 Seconds West,60.00 Feet;Thence North 37 Degrees 56 Minutes 44 Seconds West,71.81 Feet Thence North 82 Degrees 02 Minutes 52 Seconds West.25.81 Feet to a Point of Curve:Thence Westerly Along a Curve Concavelo the South,Tangent to the Last Described Course,having a Radius of 717.00 Feet and a Chord Bearing of North 85 Degrees 35 Minutes 49 Seconds West,an Arc Length of 81.3.83 Feet Thence South 01 Degrees 47 Minutes 03 Seconds East,41.23 Feet;Thence South 88 Degrees 12 Minute§57 Seconds West,66.00 Feet;Trance North Cl Degrees 47 Minutes 03 Seconds West 41.23 Feet Thence Westerly,Along a Curve Concave Southerly,having a Radius of 717.00 Feet and a Chord Bearing of South 80 Degrees 55 Minutes 39 Seconds West,an Arc Length of 116.39 Feet to a Point of Tangency;Thence South 76 Degrees 16 Minutes 38 Seconds West,Tangent to the Last Described Curve,9226 feet;Thence North 13 Degrees 43 Minutes 22 Seconds West,66 Feet;Thence South 76 Degrees 16 Minutes 38 Seconds West,35.30 Feet,Thence North 13 Degrees 43 Minutes 22 Seconds West,135.00 Feet;Thence South 76 Degrees 16 Minutes 38 Seconds West,139.11 Feet Thence North 11 Degrees 18 Minutes 50 Seconds West,757.76 Feet;Thence South 78 Degrees 41 Minutes 10 Seconds West,201.00 Feet Thence North 11 Degrees 18 Minutes 50 Seconds West,6.01 Feet Thence North 90 Degrees 00 Minutes 00 Seconds West,158.32 Feet;Thence North 80 Degrees 18 Minutes 34 Seconds West,175.66;Thence South 73 Degrees 05 Minutee' 55 Secods West,66.00 Feet;Thence North 16 Degrees 54 Minutes 05 Seconds West,51.12 Feet;Thence North 72 Degrees 46 Minutes 07 Seconds West,146.99 Feet;Thence North 85 Degrees 48 Minutes 09 Seconds West,103.99 Feet;Thence South 75 Degrees 50 Minutes 01 Seconds West 107.92 Feet Thence South 21 Degrees 26 Minutes 31 Seconds East,9.08 Feet;Thence South 68 Degrees 33 Minutes 29 Seconds West,66.00 Feet;Thence South 48 Degrees 11 Minutes 52 Seconds West,99.86 Feet Thence South 45 Degrees 43 Minikes 42 Seconds West,405.01 Feet;Thence North 44 Degrees 16 Minutes 18 Secopds West,135.00 Feet Thence South 45 Degrees 43 Minutes 42 Seconds West,54.36 Feet Thence North 45 I. Degrees 04 Minutes 52 Seconds West,66 Feet;Thence North 44 Degrees 31 Minutes 42 Seconds West,135.00 Feet;Theece North 45 Degrees 43 Minutes 42 Seconds East,89.54 Feet;Thence Westerly Along a Curve Concave to the South having l a Radius of 442.00 Feet and a Chord Bearing of North 86 Degrees 11 Minutes 37 Seconds West,an Arc.Length of 79.47 Feel to a Point of Tangency;Thence South 88 Degrees 38 Minutes 54 Seconds West,Tangent to the last Described Curve,1 184.93 Feet lathe West Line of the Northeast Quarter of the Southwest Charter of Said Section 26;Thence North 01 Degrees 21 Minutes 06 Seconds West,Along Said West Line,66.00 Feet Thence North 88 Degrees 38 Minutes 54 Seconds East, 184.93 Feet to a Point of Curve;Thence Easterly Along a CurviConcave to the South Tangent to the Last Described Course,having a Radius of 508.00 Feet and a Chord Bearing of South 88 Degrees 57 Minutes 15 Seconds East.an Arc Length of 42.50 Feet Thence North 00 Degrees 16 Minutes 53 Seconds West,135.23 Feet;Thence South 87 Degrees 20 Minutes 22 Seconds East.69.31 Feet,Thence South 75 Degree 02 Minutes 07 Seconds East,105.65 Feet Thence Smith 68 Degrees 33 Minutes 57 Seconds East,36.34 Feet;Thence North 45 Degrees 43 Minutes 42 Seconds East,208.44 Feet;Thence North 15 Degrees 38 Minutes 13 Seconds East,92.22 Feet;Thence North 11 Degrees 27 Minutes 30 Seconds East.73.57 Feet Thence North 43 Degrees 17 Minutes 21 Seconds East,114.68 Feet;Thence North 61 Degrees 23 Minutes 54 Seconds East,77.78 Feet Thence North 62 Degrees 23 Minutes 50 Seconds East,95.55 Feet Thence North 67 Degrees 10 Minutes 31 Seconds East,63.28 Feet;Theece North 89 Degrees 00 Minutes 52 Seconds East,126.56 Feet,Thence South 69 Degrees 08 Minute.s 47 Seconds East 126.56 Feet;Thence North 18 Degrees 50 Minutes 15 Seconds East,124.98 Feet Thence North 90 Degrees 00 Minutes GO Seconds East,51.87 Feet;Thence North 67 Degrees 11 Minutes 05 Seconds East,193.34 Feet;Thence South 80 Degrees 16 Minutes 34 Seconds East 71.38 Feet;Thence South 81 Degrees 42 Minutes 22 Seconds East,55.00 Feet Thence North 83 Degrees 12 Minutes 49 Seconds East,48.65 Feet Thence North 75 Degrees 59 Minutes 115 Seconds East,117.63 Feat;Thence North DO Degrees DO Minutes 00 Seconds East,306.17 Feet to the South tine of Purse i Alt Saddlebrook Unit 3,Recorded February 18,2004 as Document 20134K019665;Thence North 88 Degrees 45 Minutes 14 Seconds East,Along Said South Line,381.81 Feet lean Angle Point in Said South Line;Thence North 54 Degrees 45 Minutes 24 Seconds East,Along Said South Line.300.00 Feet to the Northwest Corner of Lot 8 in Unit No.1 Saddlebrook,Plato Township,Kane County,Illinois;Thence South 38 Degrees 04 Minutes 22 Seconds East Along a Southwesterly Line of Said Saddlebrook,340.00 Feet(Measure=340.05 Feet)to an Angle in Said Southwesterly Line;Thence South 43 Degrees 30 Minutes 48 Seconds East,Along a Southwesterly tine of Said Saddlebrook,341.92 Feet(Measure.342.08 Feet)toss Angle in Said Southwesterly Line;Thence South 78 Degrees 02 Minutes 45 Seconds East,Along a Southerly Line of Said Saddlebrook,252.76 Feet(Measure.252.83 Feet)to an Angle In Said Southerly Line;Said Point Being 40.00 Feet Westerly.(Measured at Right Angles Thereto),attire Centerline of Carron Road;Thence North 87 Degrees 50 Minutes 15 Seconds East,40.00 Feet to the Centerline of Corron Road;Thence South 02 Degrees 09 Minutes 45 Seconds East,, A1041c Said Centerline,45.43 Feet tea Point of Curve;Thence Continuing Along Said Centerline Southwesterly Along a Curve Concave Westerly,Tangent to the Last Described Course,having a Radius o11682.19 Feet and a Chord Bearing of South 05 Degrees 14 Minutes 48 Seconds West,an Arc Length 01 435.06 Feet to the North Line of the Southeast Quarter of Said Section 26;Thence South 88 Degrees 26 Minutes 05 Seconds West,Along Said North Line.389.75 Feet to the Place of 1 Begioning,in Plato Township,Kane County,Illinois. A Exhibit B . . 41 ft Menoboalclint 1 424 inlaTerrItery to SSA Districit corA "Ozoo0,-"A.;14 an • _I Publish:NO.7tl 9008 Notice of Hearing Sent by Mail SSA#25 Stonebrook Unit 1 EXHIBIT B NOTICE OF HEARING CITY OF ELGIN STONEBROOK UNIT 1 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 1000 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 1.653 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 $62,736.00 annually for the cost of the ser- vices described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services de- scribed above as said services become necessary and are provided by the City of Elgin. Notwith- standing the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other prop- erty owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Ser- vice Area has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent(51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, and is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Ser- vice Area may be established nor any tax levied or imposed. Dated this 26th Day of November, 2008. Diane Robertson CITY CLERK Exhibit A Stonebrook Unit 1 That Part of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Northwest Corner of the East Half of the Southeast Quarter of Said Section 26; Thence South 01 Degrees 06 Minutes 24 Seconds East, (Assumed Bearing), Along the West Line of Said East Half, 976.78 Feet; Thence North 88 Degrees 53 Minutes 36 Seconds East at Right Angles to the Last Described Course, 64.35 Feet to the Centerline of Said Corron Road; Thence Southerly, Along Said Centerline of Corron Road having a Radius of 1790.73 Feet and a Chord Bearing of South 07 Degrees 38 Minutes 41 Seconds West, an Arc Length of 141.41 Feet; Thence North 84 Degrees 37 Minutes 03 Seconds West, 60.00 Feet; Thence North 37 Degrees 56 Minutes 44 Seconds West, 71.81 Feet; Thence North 82 Degrees 02 Minutes 52 Seconds West, 25.81 Feet to a Point of Curve: Thence Westerly Along a Curve Concave to the South, Tangent to the Last Described Course, having a Radius of 717.00 Feet and a Chord Bearing of North 85 Degrees 35 Minutes 49 Seconds West, an Arc Length of 88.83 Feet: Thence South 01 Degrees 47 Minutes 03 Seconds East, 41 .23 Feet; Thence South 88 Degrees 12 Minutes 57 Seconds West, 66.00 Feet; Thence North 01 Degrees 47 Minutes 03 Seconds West, 41.23 Feet; Thence Westerly, Along a Curve Concave Southerly, having a Radius of 717.00 Feet and a Chord Bearing of South 80 Degrees 55 Minutes 39 Seconds West, an Arc Length of 116.39 Feet to a Point of Tangency; Thence South 76 Degrees 16 Minutes 38 Seconds West, Tangent to the Last Described Curve, 92.26 Feet; Thence North 13 Degrees 43 Minutes 22 Seconds West, 66 Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 35.30 Feet;Thence North 13 Degrees 43 Minutes 22 Seconds West, 135.00 Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 139.11 Feet, Thence North 11 Degrees 18 Minutes 50 Seconds West, 757.76 Feet; Thence South 78 Degrees 41 Minutes 10 Seconds West, 201.00 Feet; Thence North 11 Degrees 18 Minutes 50 Seconds West, 6.01 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds West, 158.32 Feet; Thence North 80 Degrees 18 Minutes 34 Seconds West, 175.66; Thence South 73 Degrees 05 Minutes 55 Seconds West, 66.00 Feet; Thence North 16 Degrees 54 Minutes 05 Seconds West, 51.12 Feet; Thence North 72 Degrees 46 Minutes 07 Seconds West, 146.99 Feet; Thence North 85 Degrees 48 Minutes 09 Seconds West, 103.99 Feet; Thence South 75 Degrees 50 Minutes 01 Seconds West, 107.92 Feet; Thence South 21 Degrees 26 Minutes 31 Seconds East, 9.08 Feet; Thence South 68 Degrees 33 Minutes 29 Seconds West, 66.00 Feet; Thence South 48 Degrees 11 Minutes 52 Seconds West, 99.86 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 405.01 Feet; Thence North 44 Degrees 16 Minutes 18 Seconds West, 135.00 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 54.30 Feet; Thence North 45 Degrees 04 Minutes 52 Seconds West, 66 Feet; Thence North 44 Degrees 31 Minutes 42 Seconds West, 135.00 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 89.54 Feet; Thence Westerly Along a Curve Concave to the South having a Radius of 442.00 Feet and a Chord Bearing of North 86 Degrees 11 Minutes 37 Seconds West, an Arc Length of 79.47 Feet to a Point of Tangency; Thence South 88 Degrees 38 Minutes 54 Seconds West, Tangent to the Last Described Curve, 184.93 Feet to the West Line of the Northeast Quarter of the Southwest Quarter of Said Section 26; Thence North 01 Degrees 21 Minutes 06 Seconds West, Along Said West Line, 66.00 Feet; Thence North 88 Degrees 38 Minutes 54 Seconds East, 184.93 Feet to a Point of Curve; Thence Easterly Along a Curve Concave to the South Tangent to the Last Described Course, having a Radius of 508.00 Feet and a Chord Bearing of South 88 Degrees 57 Minutes 15 Seconds East, an Arc Length of 42.50 Feet; Thence North 00 Degrees 16 Minutes 53 Seconds West, 135.23 Feet; Thence South 87 Degrees 20 Minutes 22 Seconds East, 69.31 Feet; Thence South 75 Degree 02 Minutes 07 Seconds East, 105.65 Feet; Thence South 68 Degrees 33 Minutes 57 Seconds East, 36.34 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 208.44 Feet; Thence North 15 Degrees 38 Minutes 13 Seconds East, 92.22 Feet; Thence North 11 Degrees 27 Minutes 30 Seconds East, 73.57 Feet; Thence North 43 Degrees 17 Minutes 21 Seconds East, 114.68 Feet; Thence North 61 Degrees 23 Minutes 54 Seconds East, 77.78 Feet; Thence North 62 Degrees 23 Minutes 50 Seconds East, 95.55 Feet; Thence North 67 Degrees 10 Minutes 31 Seconds East, 63.28 Feet;Thence North 89 Degrees 00 Minutes 52 Seconds East, 126.56 Feet; Thence South 69 Degrees 08 Minutes 47 Seconds East; 126.56 Feet; Thence North 18 Degrees 50 Minutes 15 Seconds East, 124.98 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, 51.87 Feet;Thence North 67 Degrees 11 Minutes 05 Seconds East, 193.34 Feet; Thence South 80 Degrees 16 Minutes 34 Seconds East, 71.38 Feet; Thence South 81 Degrees 42 Minutes 22 Seconds East, 55.00 Feet; Thence North 83 Degrees 12 Minutes 49 Seconds East,48.65 Feet; Thence North 75 Degrees 59 Minutes 05 Seconds East, 117.93 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, 306.17 Feet to the South Line of Parcel A in Saddlebrook Unit 3, Recorded February 18, 2004 as Document 2004K019665;Thence North 88 Degrees 45 Minutes 14 Seconds East, Along Said South Line, 381.81 Feet to an Angle Point in Said South Line; Thence North 54 Degrees 45 Minutes 24 Seconds East,Along Said South Line, 300.00 Feet to the Northwest Corner of Lot 8 in Unit No. 1 Saddlebrook, Plato Township, Kane County, Illinois;Thence South 38 Degrees 04 Minutes 22 Seconds East Along a Southwesterly Line of Said Saddlebrook, 340.00 Feet (Measure = 340.05 Feet) to an Angle in Said Southwesterly Line; Thence South 43 Degrees 30 Minutes 48 Seconds East, Along a Southwesterly Line of Said Saddlebrook, 341.92 Feet (Measure = 342.08 Feet) to an Angle in Said Southwesterly Line; Thence South 78 Degrees 02 Minutes 45 Seconds East, Along a Southerly Line of Said Saddlebrook, 252.76 Feet (Measure = 252.83 Feet) to an Angle in Said Southerly Line; Said Point Being 40.00 Feet Westerly, (Measured at Right Angles Thereto), of the Centerline of Corron Road; Thence North 87 Degrees 50 Minutes 15 Seconds East, 40.00 Feet to the Centerline of Corron Road; Thence South 02 Degrees 09 Minutes 45 Seconds East, Along Said Centerline, 45.43 Feet to a Point of Curve; Thence Continuing Along Said Centerline Southwesterly Along a Curve Concave Westerly, Tangent to the Last Described Course, having a Radius of 1682.19 Feet and a Chord Bearing of South 05 Degrees 14 Minutes 48 Seconds West, an Arc Length of 435.06 Feet to the North Line of the Southeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Along Said North Line, 389.75 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. • • Exhibit B 1000 0 1000 Feet T. 41N. Stonebrook Unit 1 11111111 23 24 ■ Z Territory to SSA District r 11141% _J ti 26 I� NZ Rn N 3e 36 Legal Description SSA#25 Stonebrook Unit 1 EXHIBIT C Exhibit C Stonebrook Unit 1 That Part of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, Described as Follows: Beginning at the Northwest Corner of the East Half of the Southeast Quarter of Said Section 26; Thence South 01 Degrees 06 Minutes 24 Seconds East, (Assumed Bearing), Along the West Line of Said East Half, 976.78 Feet; Thence North 88 Degrees 53 Minutes 36 Seconds East at Right Angles to the Last Described Course, 64.35 Feet to the Centerline of Said Corron Road; Thence Southerly, Along Said Centerline of Corron Road having a Radius of 1790.73 Feet and a Chord Bearing of South 07 Degrees 38 Minutes 41 Seconds West, an Arc Length of 141 .41 Feet; Thence North 84 Degrees 37 Minutes 03 Seconds West, 60.00 Feet; Thence North 37 Degrees 56 Minutes 44 Seconds West, 71.81 Feet; Thence North 82 Degrees 02 Minutes 52 Seconds West, 25.81 Feet to a Point of Curve: Thence Westerly Along a Curve Concave to the South, Tangent to the Last Described Course, having a Radius of 717.00 Feet and a Chord Bearing of North 85 Degrees 35 Minutes 49 Seconds West, an Arc Length of 88.83 Feet: Thence South 01 Degrees 47 Minutes 03 Seconds East, 41.23 Feet; Thence South 88 Degrees 12 Minutes 57 Seconds West, 66.00 Feet;Thence North 01 Degrees 47 Minutes 03 Seconds West, 41.23 Feet; Thence Westerly, Along a Curve Concave Southerly, having a Radius of 717.00 Feet and a Chord Bearing of South 80 Degrees 55 Minutes 39 Seconds West, an Arc Length of 116.39 Feet to a Point of Tangency; Thence South 76 Degrees 16 Minutes 38 Seconds West, Tangent to the Last Described Curve, 92.26 Feet; Thence North 13 Degrees 43 Minutes 22 Seconds West, 66 Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 35.30 Feet;Thence North 13 Degrees 43 Minutes 22 Seconds West, 135.00 Feet;Thence South 76 Degrees 16 Minutes 38 Seconds West, 139.11 Feet, Thence North 11 Degrees 18 Minutes 50 Seconds West, 757.76 Feet; Thence South 78 Degrees 41 Minutes 10 Seconds West, 201.00 Feet; Thence North 11 Degrees 18 Minutes 50 Seconds West, 6.01 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds West, 158.32 Feet; Thence North 80 Degrees 18 Minutes 34 Seconds West, 175.66; Thence South 73 Degrees 05 Minutes 55 Seconds West, 66.00 Feet; Thence North 16 Degrees 54 Minutes 05 Seconds West, 51.12 Feet; Thence North 72 Degrees 46 Minutes 07 Seconds West, 146.99 Feet; Thence North 85 Degrees 48 Minutes 09 Seconds West, 103.99 Feet; Thence South 75 Degrees 50 Minutes 01 Seconds West, 107.92 Feet; Thence South 21 Degrees 26 Minutes 31 Seconds East, 9.08 Feet; Thence South 68 Degrees 33 Minutes 29 Seconds West, 66.00 Feet; Thence South 48 Degrees 11 Minutes 52 Seconds West, 99.86 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 405.01 Feet; Thence North 44 Degrees 16 Minutes 18 Seconds West, 135.00 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 54.30 Feet; Thence North 45 Degrees 04 Minutes 52 Seconds West, 66 Feet; Thence North 44 Degrees 31 Minutes 42 Seconds West, 135.00 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 89.54 Feet; Thence Westerly Along a Curve Concave to the South having a Radius of 442.00 Feet and a Chord Bearing of North 86 Degrees 11 Minutes 37 Seconds West, an Arc Length of 79.47 Feet to a Point of Tangency; Thence South 88 Degrees 38 Minutes 54 Seconds West, Tangent to the Last Described Curve, 184.93 Feet to the West Line of the Northeast Quarter of the Southwest Quarter of Said Section 26; Thence North 01 Degrees 21 Minutes 06 Seconds West, Along Said West Line, 66.00 Feet; Thence North 88 Degrees 38 Minutes 54 Seconds East, 184.93 Feet to a Point of Curve; Thence Easterly Along a Curve Concave to the South Tangent to the Last Described Course, having a Radius of 508.00 Feet and a Chord Bearing of South 88 Degrees 57 Minutes 15 Seconds East, an Arc Length of 42.50 Feet; Thence North 00 Degrees 16 Minutes 53 Seconds West, 135.23 Feet; Thence South 87 Degrees 20 Minutes 22 Seconds East, 69.31 Feet; Thence South 75 Degree 02 Minutes 07 Seconds East, 105.65 Feet; Thence South 68 Degrees 33 Minutes 57 Seconds East, 36.34 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 208.44 Feet; Thence North 15 Degrees 38 Minutes 13 Seconds East, 92.22 Feet; Thence North 11 Degrees 27 Minutes 30 Seconds East, 73.57 Feet; Thence North 43 Degrees 17 Minutes 21 Seconds East, 114.68 Feet; Thence North 61 Degrees 23 Minutes 54 Seconds East, 77.78 Feet; Thence North 62 Degrees 23 Minutes 50 Seconds East, 95.55 Feet; Thence North 67 Degrees 10 Minutes 31 Seconds East, 63.28 Feet; Thence North 89 Degrees 00 Minutes 52 Seconds East, 126.56 Feet; Thence South 69 Degrees 08 Minutes 47 Seconds East; 126.56 Feet; Thence North 18 Degrees 50 Minutes 15 Seconds East, 124.98 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, 51.87 Feet;Thence North 67 Degrees 11 Minutes 05 Seconds East, 193.34 Feet; Thence South 80 Degrees 16 Minutes 34 Seconds East, 71.38 Feet; Thence South 81 Degrees 42 Minutes 22 Seconds East, 55.00 Feet; Thence North 83 Degrees 12 Minutes 49 Seconds East, 48.65 Feet; Thence North 75 Degrees 59 Minutes 05 Seconds East, 117.93 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, 306.17 Feet to the South Line of Parcel A in Saddlebrook Unit 3, Recorded February 18, 2004 as Document 2004K019665;Thence North 88 Degrees 45 Minutes 14 Seconds East, Along Said South Line, 381.81 Feet to an Angle Point in Said South Line; Thence North 54 Degrees 45 Minutes 24 Seconds East, Along Said South Line, 300.00 Feet to the Northwest Corner of Lot 8 in Unit No. 1 Saddlebrook, Plato Township, Kane County, Illinois; Thence South 38 Degrees 04 Minutes 22 Seconds East Along a Southwesterly Line of Said Saddlebrook, 340.00 Feet (Measure = 340.05 Feet) to an Angle in Said Southwesterly Line; Thence South 43 Degrees 30 Minutes 48 Seconds East, Along a Southwesterly Line of Said Saddlebrook, 341.92 Feet (Measure = 342.08 Feet) to an Angle in Said Southwesterly Line; Thence South 78 Degrees 02 Minutes 45 Seconds East, Along a Southerly Line of Said Saddlebrook, 252.76 Feet (Measure = 252.83 Feet) to an Angle in Said Southerly Line; Said Point Being 40.00 Feet Westerly, (Measured at Right Angles Thereto), of the Centerline of Corron Road; Thence North 87 Degrees 50 Minutes 15 Seconds East, 40.00 Feet to the Centerline of Corron Road; Thence South 02 Degrees 09 Minutes 45 Seconds East, Along Said Centerline, 45.43 Feet to a Point of Curve; Thence Continuing Along Said Centerline Southwesterly Along a Curve Concave Westerly, Tangent to the Last Described Course, having a Radius of 1682.19 Feet and a Chord Bearing of South 05 Degrees 14 Minutes 48 Seconds West, an Arc Length of 435.06 Feet to the North Line of the Southeast Quarter of Said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Along Said North Line, 389.75 Feet to the Place of Beginning, in Plato Township, Kane County, Illinois. Location Map SSA#25 Stonebrook Unit 1 EXHIBIT D /, Exhibit D 1000 0 1000 Feet pFliiimi T. 41N. Stonebr-ook Unit 1 1 7 / _ _____.s--- / 23 24 / --___C N. w N ,--f Territory to ` r - SS�4District A - 1\ L , • /-4z--,2-0„ W 26 - w / o i----- \,..,C/ I LENZRE) _____--71-- /7--- r'-- it 1 / / ( 7 7 36 1 Ordinance No.Txx-09 AN ORDINANCE ESTABLISHING THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#25) 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 Stonebrook Unit 1 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. T40-08, entitled "An Ordinance Proposing the Establishment of the Stonebrook Unit 1 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. 2 Section 3. Establishment of the Special Service Area. The Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area consists of approximately 62 acres located south of Bowes Road and west of Corron Road in the City of Elgin. An accurate map of the Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area in an amount not to exceed an annual rate of 1.653 [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 Stonebrook Unit 1 Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Stonebrook Unit 1 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 Stonebrook Unit 1 Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $62,736.00 annually for the cost of the services described in Section 4 of this ordinance. The City,however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. 3 • Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. • Ed Schock, Mayor Presented: February 25, 2009 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Diane Robertson, City Clerk 4