HomeMy WebLinkAboutT25-10 (3) Ordinance No. T25-10
AN ORDINANCE AMENDING ORDINANCE NO. T28-08
BEING AN ORDINANCE ESTABLISHING THE AMENDED HIGHLAND WOODS
SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (SSA #18), PROVIDING
FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF
PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA, TO CORRECT A
SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN, AND TO
PROVIDE FOR THE INCLUSION OF NEIGHBORHOOD "J"
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, on October 25,2006,the City Council of the City of Elgin adopted Ordinance
No.T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special
Service Area of Elgin, Illinois (SSA#18)providing for the levy of taxes for the purpose of paying
the cost of providing special services in and for such area and was thereafter recorded with the Kane
County Recorder on December 28, 2006 as Document No. 2006K140483; and
WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener's error in the legal
description set forth therein pursuant to Ordinance No.T28-08 and was thereafter recorded with the
Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and
WHEREAS,it is the intention of the City of Elgin to amend Ordinance T28-08 to create two
separate and discrete special service areas for the Highland Woods Subdivision and the Foy Property,
hereinafter referred to as the Sandy Creek Estates Subdivision; and
WHEREAS,it is the intention of the developer of the Highland Woods Subdivision to amend
the boundaries of the subdivision with the addition of a neighborhood, that neighborhood being
additionally described as "Neighborhood J" and made a part of Exhibit A, and as depicted on the
map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this
ordinance; and
WHEREAS,it has been discovered that the legal description set forth in Ordinance T28-08 in
Exhibit A thereof contains a scrivener's error; and
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WHEREAS,it is the intention of the City Council of the City of Elgin for the Special Service
Area for the Highland Woods Subdivision to follow the subdivision boundaries of the Highland
Woods Subdivision and it is necessary and desirable to amend Ordinance T28-08 to include the
additional territory within the subdivision and to correct the scrivener's error in the legal description
in Exhibit A thereto, and as depicted on the map labeled Exhibit B, both exhibits being attached to
and incorporated by reference into this ordinance; and
WHEREAS,the amended Highland Woods Subdivision Special Service Area(SSA#18)is
compact and contiguous and entirely located within the boundaries of the City; and
WHEREAS, the amended 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 amendment to the Special Service Area was proposed by the City Council of
the City of Elgin pursuant to Ordinance No.T20-10,entitled"An Ordinance Proposing The amended
Highland Woods Special Service Area(SSA#18)In The City Of Elgin,Illinois And Providing For A
Public Hearing And Other Related Procedures,"that ordinance having been duly passed on March
31, 2010, and was considered at a public hearing held by the City Council of the City of Elgin on
April 28,2010,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 C; and
WHEREAS,the notice of the Hearing was also provided by mail,said notice being deposited
in the U.S. Mail on or before April 8, 2010, 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 D. 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 amended Special Service
Area that the amended Special Service Area be established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
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 April 28,
2010 at 7:40 p.m.
Section 3. That Ordinance No. T28-08 amending the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin,Illinois,(SSA#18)and providing for the levy of taxes for
the purpose of paying the costs of providing special services in and for such area be and is hereby
amended to create two separate and discrete special service areas for the Highland Woods
Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates Subdivision.
Section 4. Establishment of the amended Special Service Area. The amended Highland
Woods Subdivision Special Service Area(SSA#18)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 A, which is
attached to and incorporated into this ordinance by reference. The amended Highland Woods
Subdivision Special Service Area (SSA #18) consists of approximately 577 acres lying west of
Coombs Road and north of U.S. Route 20 in the City of Elgin. An accurate map of the amended
Highland Woods Subdivision Special Service Area(SSA#18) is attached to and made part of this
ordinance as Exhibit B.
Section 5. Purpose for Establishing the amended Special Service Area. The purpose for
establishing the amended Highland Woods Subdivision Special Service Area (SSA #18) is to
provide services including the operation, maintenance, repair, rehabilitation, replacement and
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reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other
stormwater facility; costs of design, engineering and other consulting services, surveying and
permits,public liability insurance,and all administrative,legal and other costs or expenses incurred
in connection therewith and with the administration of the amended Highland Woods Subdivision
Special Service Area (SSA #18), 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
amended Highland Woods Subdivision Special Service Area (SSA #18) 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 6. Tax Levy. The cost of the services described in Section 5 of this ordinance shall
be paid by the levy of a direct ad valorem tax upon all taxable property within the amended Highland
Woods Subdivision Special Service Area(SSA#18) 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 amended Highland Woods Subdivision Special Service Area(SSA#18)in an amount
not to exceed an annual rate of 0.517 [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 amended Highland
Woods Subdivision Special Service Area(SSA#18)shall remain abeyant and shall take effect only
in the event the Home Owner's Association fails to maintain, repair, replace or pay for the
improvements described in Section 5 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 amended Highland Woods Subdivision Special Service Area (SSA #18) and
initially thereafter,the tax levies are intended to produce approximately$342,600.00 annually for the
cost of the services described in Section 5 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 5 of this
ordinance as said services become necessary and are provided by the City.
Section 7. 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 8. That all ordinances or parts or ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 9. This ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
e- I:OCI■ce-A-0141
Ed Schock, Mayor
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Presented: July 14, 2010
Passed: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
Diane Robertson, City lerk
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Exhibit A
Legal Description for the Highland Woods Subdivision Special Service Area of Elgin,
Illinois (SSA#18)
PARCEL A: THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST
QUARTER, 8.23 AND A HALF CHAINS NORTH OF THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 11, THENCE ALONG THE SECTION LINE
11.76 AND A HALF CHAINS; THENCE WEST PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 11.1 CHAINS; THENCE SOUTH 29 DEGREES 10 MINUTES WEST 5.47
CHAINS TO A POINT IN THE CENTER OF THE HIGHWAY; THENCE SOUTH 51
DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 4 CHAINS; THENCE
SOUTH 64 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 9.78 CHAINS;
THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT 9
RODS TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH ALONG THE
SECTION LINE 4 AND A HALF RODS TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART OF THE
NORTHEAST QUARTER AND NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2;
flak THENCE NORTH ALONG SECTION LINE 15.12 CHAINS; THENCE WEST PARALLEL
WITH SOUTH LINE OF SAID SECTION, 28.36 CHAINS; THENCE SOUTH 8 DEGREES
EAST 15.27 CHAINS TO A POINT ON THE SOUTH LINE OF SAID SECTION, 6.05
CHAINS WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 2; THENCE WEST ALONG SAID SOUTH
LINE 17.65 CHAINS TO A POINT IN THE CENTER OF THE ROAD; THENCE SOUTH 17
AND A QUARTER DEGREES EAST ALONG THE CENTER OF SAID ROAD 2.55
CHAINS; THENCE SOUTH 47 DEGREES EAST ALONG THE CENTER OF SAID ROAD
8.60 CHAINS; THENCE SOUTH 55 DEGREES EAST ALONG THE CENTER OF THE SAID
ROAD 6.40 CHAINS; THENCE SOUTH 67 DEGREES EAST ALONG THE CENTER OF
SAID ROAD, 5.87 CHAINS; THENCE SOUTH 56 AND THREE QUARTERS DEGREES
EAST ALONG THE CENTER OF SAID ROAD, 7.17 CHAINS TO A POINT IN THE WEST
LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
11, AFORESAID 1.53 CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF;
THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID ROAD TO ITS
INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 43 AND ONE HALF
DEGREES EAST, 6.25 CHAINS; THENCE NORTH 29 DEGREES EAST 5.47 CHAINS TO
A POINT IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 11; THENCE EAST 11.10 CHAINS TO THE EAST LINE OF
SECTION 11; THENCE NORTH 20 CHAINS TO THE NORTHEAST CORNER OF SAID
SECTION 11 AND THE POINT OF BEGINNING (EXCEPT THAT PART OF THE NORTH
HALF OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
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ek PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE
EAST ALONG THE NORTH LINE OF SAID SECTION 805.2 FEET TO THE CENTER LINE
OF THE DITCH OF THE PLATO RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48
DEGREES 25 MINUTES WEST 819 FEET TO THE CENTER LINE OF THE PUBLIC
HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF A 3
DEGREES 11 MINUTES CURVE TO THE RIGHT 686.9 FEET TO THE NORTH LINE OF
SAID SECTION; THENCE EAST ALONG SAID NORTH LINE 223.6 FEET TO THE POINT
OF BEGINNING), IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
AND ALSO EXCEPT: THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00
DEGREES 07 MINUTES 24 SECONDS EAST, 1324.65 FEET ALONG THE EAST LINE OF
SAID SECTION 11; THENCE SOUTH 89 DEGREES 18 MINUTES 17 SECONDS WEST,
732.60 FEET; THENCE SOUTH 28 DEGREES 54 MINUTES 35 SECONDS WEST, 361.02
FEET TO THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER DEED 982345;
THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS WEST ALONG SAID
DESCRIBED CENTERLINE, 69.34 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 388.75 FEET; THENCE NORTH
45 DEGREES 22 MINUTES 03 SECONDS WEST, 560.00 FEET; THENCE SOUTH 34
DEGREES 55 MINUTES 02 SECONDS WEST, 398.03 FEET TO THE AFOREMENTIONED
DESCRIBED CENTERLINE (THE FOLLOWING THREE COURSES ARE ALONG SAID
DESCRIBED CENTERLINE); THENCE SOUTH 56 DEGREES 45 MINUTES 00 SECONDS
EAST, 48.65 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 34 SECONDS EAST,
157.13 FEET; THENCE SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354.61
FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS.
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP OF PLATO, KANE
COUNTY, ILLINOIS.
THAT PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE WEST ALONG THE
NORTH LINE OF SAID QUARTER 554.8 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1497.32 FEET
TO THE CENTER LINE OF STATE ROAD; THENCE NORTHWESTERLY ALONG THE
CENTER LINE OF SAID STATE ROAD 376.31 FEET; THENCE NORTHEASTERLY AT
RIGHT ANGLES TO SAID CENTER LINE 215.0 FEET; THENCE NORTHWESTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE 336.80 FEET; THENCE
SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 215.0 FEET
TO THE CENTER LINE OF SAID STATE ROAD; THENCE NORTHWESTERLY ALONG
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SAID CENTER LINE TO THE WEST LINE OF SAID SECTION 12; THENCE NORTH
ALONG SAID WEST LINE 12.32 CHAINS TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
NORTHWEST QUARTER 781 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS.
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE NORTH 0 DEGREES 44 MINUTES 16 SECONDS EAST ALONG THE WEST
LINE OF SAID QUARTER SECTION 1004 FEET; THENCE SOUTH 89 DEGREES 38
MINUTES 10 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER
SECTION 1323.63 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 16 SECONDS WEST
PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1004 FEET TO THE
SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89 DEGREES 38
MINUTES 10 SECONDS WEST ALONG SAID SOUTH LINE 1323.63 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL B: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
(Pk COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1004.0 FEET FOR
THE POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE PARALLEL WITH
THE SOUTH LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 33
MINUTES 23 SECONDS FROM THE PROLONGATION OF THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) 1323.63 FEET; THENCE
SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST LINE FORMING AN
ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED
COURSE (MEASURED COUNTER CLOCKWISE THEREFROM) 1004.0 FEET TO A
POINT ON SAID SOUTH LINE THAT IS 1323.63 FEET EASTERLY OF SAID
SOUTHWEST CORNER; THENCE EASTERLY ALONG SAID SOUTH LINE FORMING
AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) 1335.34 FEET TO THE SOUTHEAST
CORNER OF SAID QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF
SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 52 MINUTES 49 SECONDS
WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM)
1792.75 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA, CHICAGO AND
EASTERN RAILROAD (FORMERLY KNOWN AS THE CHICAGO, MILWAUKEE AND
ST. PAUL RAILROAD); THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY
FORMING AN ANGLE OF 103 DEGREES 46 FEET 54 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 2713.15 FEET TO THE
SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN
ANGLE OF 76 DEGREES 46 MINUTES 54 SECONDS FROM THE LAST DESCRIBED
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COURSE (MEASURED CLOCKWISE THEREFROM) 1429.65 FEET TO THE POINT OF
BEGINNING IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
PARCEL C: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1 AND THAT
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 252.92
FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES,
32 SECONDS EAST 757.33 FEET; THENCE NORTH 12 DEGREES, 28 MINUTES, 20
SECONDS EAST 1055.2 FEET; THENCE NORTH 29 DEGREES, 45 MINUTES, 00
SECONDS EAST 687.83 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD;
THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 1; THENCE SOUTHERLY ALONG SAID EAST
LINE AND THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 12 TO THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTHWESTERLY
TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER THAT IS 735.24
FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE NORTH ALONG SAID WEST LINE 1650 FEET TO THE POINT OF BEGINNING
(EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE
NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 712.5 FEET;
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98 DEGREES,
50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED LINE 965.2 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING SOUTHEASTERLY ALONG THE LAST DESCRIBED LINE 791 FEET;
THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 81 DEGREES,
08 MINUTES, 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST
DESCRIBED LINE 405.1 FEET TO SAID CENTER LINE OF HIGHLAND AVENUE ROAD;
THENCE NORTHWESTERLY ALONG SAID CENTER LINE 655.8 FEET; THENCE
SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT
THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 712.50 FEET; THENCE
SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 98 DEGREES 50
MINUTES, 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 1756.20 FEET TO THE SOUTHEASTERLY
CORNER OF DOCUMENT NO. 1515428 FOR THE POINT OF BEGINNING; THENCE
SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF 21 DEGREES, 44
MINUTES 26 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 330.92 FEET; THENCE NORTHEASTERLY,
ALONG A LINE THAT FORMS AN ANGLE OF 102 DEGREES 52 MINUTES 26 SECONDS
TO THE LEFT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE,
PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A
DISTANCE OF 405.10 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD;
THENCE NORTHWESTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 330.92
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FEET TO THE NORTHEASTERLY CORNER OF AFORESAID DOCUMENT NO. 1515428;
THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID
DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE POINT OF
BEGINNING), (EXCEPT THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED
PER DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
NEIGHBORHOOD "J": THAT PART OF THE SOUTHWEST QUARTER OF SECTION I
AND THAT PART OF THE EAST HALF OF SECTION 2, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF HIGHLAND WOODS-
NEIGHBORHOOD "0" RECORDED JUNE 14. 2006 AS DOCUMENT 2006K063823;
THENCE NORTH 08 DEGREES 44 MINUTES 13 SECONDS WEST (BEARINGS
ASSUMED FOR DESCRIPTION PURPOSES ONLY), 1996.21 FEET TO THE SOUTHERLY
BOUNDARY LINE OF PROPERTY CONVEYED TO THE CHICAGO, MILWAUKEE, ST.
PAUL AND PACIFIC RAILROAD PER DOCUMENT NO. 93'9 (THE FOLLOWING THREE
COURSES ARE ALONG SAID SOUTHERLY LINE); THENCE SOUTH 68 DEGREES 54
MINUTES 52 SECONDS EAST, 78.54 FEET; THENCE EASTERLY, TANGENT TO THE
LAST DESCRIBED COURSE, 609.24 FEET ALONG A CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 5845.65 FEET, THE CHORD OF SAID CURVE
BEARING SOUTH 71 DEGREES 54 MINUTES 01 SECONDS EAST; THENCE NORTH 15
DEGREES 06 MINUTES 51 SECONDS EAST, 66.00 FEET TO THE SOUTHERLY RIGHT-
OF-WAY LINE OF THE CHICAGO MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
AS DEDICATED PER DOCUMENT NO. 3679 (THE FOLLOWING TWO COURSES ARE
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE); THENCE EASTERLY, 184.71 FEET
ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 5779.65 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 75 DEGREES 48 MINUTES 05
SECONDS EAST; THENCE SOUTH 76 DEGREES 43 MINUTES 01 SECONDS EAST
TANGENT TO THE LAST DESCRIBED COURSE, 1357.63 FEET TO THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 00 DEGREES 03
MINUTES 59 SECONDS WEST ALONG SAID EAST LINE, 677.62 FEET; THENCE
SOUTH 76 DEGREES 42 MINUTES 05 SECONDS EAST, 772.03 FEET TO THE
WESTERLY BOUNDARY OF HIGHLAND WOODS-NEIGHBORHOOD "H" RECORDED
ON NOVEMBER I. 2006 AS DOCUMENT 2006K120185 (THE FOLLOWING TWO
COURSES ARE ALONG SAID WESTERLY BOUNDARY); THENCE SOUTHWESTERLY,
416.54 FEET ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 683.00 FEET. THE CHORD OF SAID CURVE BEARING SOUTH 33 DEGREES 04
MINUTES 19 SECONDS WEST; THENCE SOUTH 15. DEGREES 36 MINUTES 02
SECONDS WEST, 390.39 FEET TO THE NORTHERLY BOUNDARY OF HIGHLAND
WOODS-NEIGHBORHOOD "K" RECORDED FEBRUARY 23. 2007 AS DOCUMENT
2007K021467 (THE FOLLOWING FOUR COURSES ARE ALONG SAID NORTHERLY
BOUNDARY LINE); THENCE NORTH 74 DEGREES 23 MINUTES 58 SECONDS WEST,
309.57 FEET; THENCE NORTH 82 DEGREES 38 MINUTES 19 SECONDS WEST, I 14.22
5
FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS WEST, 994.81 FEET;
THENCE NORTH 55 DEGREES 41 MINUTES 58 SECONDS WEST 71.31 FEET TO THE
NORTHERLY LINE OF THE AFOREMENTIONED HIGHLAND WOODS -
NEIGHBORHOOD "0" THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS WEST
ALONG SAID NORTHERLY LINE, 823.23 FEET TO THE POINT OF BEGINNING, IN
KANE COUNTY, ILLINOIS.
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EXHIBIT C
NOTICE OF HEARING
CITY OF ELGIN
HIGHLAND WOODS SUBDIVISION
AMENDED SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on April 28, 2010, at 7:00 p.m. in the City
Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be
held by the City Council of the City of Elgin to consider the establishment of an amended
Special Service Area consisting of territory legally described in Exhibit A which is
attached to and incorporated by reference into this notice.
The approximate location of the proposed Amended Special Service Area is 910
Coombs Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the
location of the proposed Amended Special Service Area is attached to and incorporated
by reference into this notice as Exhibit B.
All interested persons affected by the proposed establishment of the Amended
Special Service Area will be provided with an opportunity to be heard on that issue and
may object to the establishment of the Amended Special Service Area and the tax levy
affecting that Amended Special Service Area.
The purpose for establishing the Amended Special Service Area is to provide
services including the operation, maintenance, repair, rehabilitation, replacement and
reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or
other stormwater facility; costs of design, engineering and other consulting services,
surveying and permits, public liability insurance, and all administrative, legal and other
costs or expenses incurred in connection therewith and with the administration of the
Amended Special Service Area, including the repayment of any loan or debt incurred for
the provision of such services. All the described services described are unique and in
addition to services generally provided by the City of Elgin.
At the hearing, all persons affected will be provided with an opportunity to be
heard. At the hearing, a tax levy for the Special Service will be considered. The proposed
annual tax levy for the Amended Special Service Area is in an amount not to exceed an
annual rate of 0.517 of the equalized assessed value of the property within the proposed
Amended Special Service Area and the tax will be levied for an indefinite period of time
from and after the date of the ordinance establishing the Amended Special Service Area.
These taxes shall be in addition to all other taxes permitted by law and shall be levied
pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax
levies are intended to produce approximately $342,600.00 annually for the cost of the
services described above. The City of Elgin, however, may annually levy up to the
maximum rate specified in the ordinance establishing the Amended Special Service Area
for the cost of the services described above as said services become necessary and are
provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied
hereunder and the proposed Amended Special Service Area shall remain abeyant and
[Type text]
shall take effect only in the event the homeowners' or other property owner association
responsible for the property within the proposed Amended Special Service Area fails to
maintain, repair, replace or pay for the improvements described above and/or any related
costs for those improvements, so as to require the City of Elgin to assume those
responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to
another date without further notice other than a motion to be entered upon the minutes of
its meeting fixing the time and place of its adjournment.
If a petition objecting to the establishment of the proposed Amended Special
Service Area, the tax levy, or the imposition of a tax for the provision of special services
to the proposed Amended Special Service Area that has been signed by at least fifty-one
percent (51%) of the electors residing within the proposed Amended Special Service
Area, and by at least fifty-one percent (51%) of the owners of record of the land included
within the boundaries of the proposed Amended Special Service Area, is filed with the
City of Elgin City Clerk within sixty (60) days following the final adjournment of the
public hearing regarding the establishment of the proposed Amended Special Service
Area, no such Amended Special Service Area may be established nor any tax levied or
imposed.
Dated this 5th Day of April , 2010.
s/ Diane Robertson
Diane Robertson,
CITY CLERK
r
' EXHIBIT D
April 8,2010
TO: The Property Owners within the Highland Woods Subdivision
RE: Second Amendment to the Stormwater Maintenance Special Service Area for
Highland Woods Subdivision (SSA#18)
Dear Property Owner:
Attached is a Notice of Hearing informing you that a public hearing will be held at the City
Council Meeting on April 28, 2010, to consider a second amendment of the stormwater
maintenance special service area(SSA)for your subdivision.
A "back-up" special service area for stormwater management facilities in the Highland Woods
Subdivision/Sandy Creek Estates Subdivision (Foy Property) was established on October 25,
2006, pursuant to Ordinance No. T38-06. The special service area was created as one area
encompassing both subdivisions. On July 23, 2008, the SSA was amended to correct a
scrivener's error in the legal description of the areas that were subject to the provisions of the
SSA,pursuant to Ordinance No. T28-08.
The second amendment to the SSA proposes the following:
i. Creation of separate and discrete special service areas for the Highland Woods
Subdivision and the Sandy Creek Estates Subdivision (Foy Property)
respectively. The boundary of each special service area will follow the boundary
of the platted subdivision.
ii. Inclusion of an additional neighborhood—Neighborhood"J" within the Highland
Woods Subdivision that will be subject to the provisions of the SSA.
iii. Correction of a scrivener's error in the legal description to include areas that
were inadvertently omitted from the already established special service area for
Highland Woods Subdivision.
Please note that the proposed second amendment to the SSA will not change the annual tax levy
rate of 0.517 that was originally established in 2006. The tax rate was established to pay for the
City's estimated costs for providing services to maintain the required stormwater management
improvements and is collected only if and when it is necessary for the City to maintain the
Special Service Area.
During the Public Hearing on April 28, 2010, all interested persons affected by the amended
Special Service Area will be provided with an opportunity to speak. The Public Hearing Notice
provides more detailed information on the "back-up" storm water management special service
area,and also explains your right to petition against the amended Special Service Area.
Please do not hesitate to contact me at 847-931-5943 or at saher_s @cityofelgin.org if you have
any questions concerning the establishment of the stormwater maintenance special service area
for your subdivision.
•
April 8,2010
Page 2
Sincerely,
Sarosh Saher, Senior Planner
Community Development Department
C