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RECORDERWEGMAN
KANE COUNTY, IL
Sandy Wegrnan RECORDED ON
Kane County Recorder 10/28/2005 03:56PM
719 S Batavia Ave,Bldg C REC FEE: 34.00
PAGES: 13
• Geneva, IL 60134 .
630-232-5935
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Recording Cover Page
This page added for the purpose of affixing Recording Information.
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Ordinance No. T25-05
AN ORDINANCE
ESTABLISHING THE SHADOW HILL SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#9)
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 Shadow Hill 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. T2-05, entitled "A Ordinance Proposing
the Establishment of the Shadow Hill Subdivision Special Service Area in the City of Elgin and
Providing for a Public Hearing and Other Procedures Relating to the Establishment of a Special
Service Area," that Resolution having been duly passed on March 23, 2005, and was considered
at a public hearing held by the City Council of the City of Elgin on April 27, 2005 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 B; 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 13, 2005 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 C. 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 April 27,
2005 at 8:12 pm.
2 �.�
Section 3. Establishment of the Special Service Area. The Shadow Hill 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 Shadow Hill Subdivision Special Service Area consists of
approximately 240 acres lying east of Nesler Road and north and south of Water Road in the
City of Elgin. An accurate map of the Shadow Hill 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 Shadow Hill Subdivision 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 Shadow Hill 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 Shadow Hill 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 Shadow
Hill 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 Shadow Hill Subdivision Special Service Area in an amount not to exceed an annual rate of
.55 (fifty-five one hundredths percent)(.55 percent, being 55 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 Shadow Hill Subdivision Special
Service Area shall remain abeyant and shall take effect only in the event the Shadow Hill Home
Owner's 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 Shadow Hill
Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce
approximately $50,050.00 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 I
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.
s/Ed Schock
Ed Schock, Mayor
Presented: July 13, 2005
Passed: July 13, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 14, 2005
Published: July 15, 2005
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
4
EXHIBIT A
LEGAL DESCRIPTION FOR SHADOW HILL SUBDIVISION
RECORD DESCRIPTION PARCEL 1
THAT PART OF SECTION 19 AND 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, AND THAT PART TO THE EAST HALF OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH EAST QUARTER OF
SAID SECTION 24, THENCE NORTH ALONG THE QUARTER SECTION LINE 4.75
CHAINS; THENCE NORTH 41 DEGREES EAST 99.92 CHAINS TO THE
SOUTHWEST CORNER OF THE PARCEL OF LAND CONVEYED TO FRED YURS
BY DEED DATED MARCH 17, 1873 AND RECORDED JANUARY 11, 1875 IN BOOK
158, PAGE 13 AS DOCUMENT 7279; THENCE SOUTH 48 1/2 DEGREES EAST 12.08
CHAINS; THENCE SOUTH 35 DEGREES WEST 51.30 CHAINS TO THE CENTER OF
THE PUBLIC HIGHWAY; THENCE SOUTH 73 DEGREES EAST ALONG THE
CENTER OF SAID ROAD 1.39 CHAINS TO THE NORTHWEST CORNER OF LANDS
CONVEYED TO CHARLES F. YURS BY DEED DATED MAY 28, 1904 AND
RECORDED JUNE 6, 1904 IN BOOK 440, PAGE 59 AS DOCUMENT 69407; THENCE
SOUTH 2 DEGREES WEST ALONG THE WEST LINE OF SAID LANDS 31.15
CHAINS TO THE SOUTH LINE OF SECTION 24 AFORESAID EXTENDED EAST;
THENCE WEST ALONG SAID EXTENDED SOUTH LINE 4.43 CHAINS TO THE
SOUTHEAST CORNER OF SAID SECTION 24; THENCE WEST ALONG THE SOUTH
LINE OF SECTION 24, 40.14 CHAINS TO THE POINT OF BEGINNING, IN THE
TOWNSHIPS OF ELGIN AND PLATO IN KANE COUNTY, ILLINOIS.
DESCRIPTION SURVEYED PARCEL 1
THAT PART OF SECTIONS 19 AND 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 24, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF SAID SECTION 24; THENCE NORTH 01 DEGREES 00 MINUTES 28
SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES), 313.50
FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH
40 DEGREES 31 MINUTES 24 SECONDS EAST, 2844.84 FEET TO A POINT IN
WATER ROAD; THENCE NORTH 40 DEGREES 32 MINUTES 50 SECONDS EAST,
3859.48 FEET TO THE SOUTH LINE OF PARCEL 1 OF GLENN CHRIST AND
KATHRYN CHRIST TRACT AS PER PLAT OF SURVEY PREPARED BY C.B.B.
ENGINEERING, DATED JANUARY 30, 2003; THENCE SOUTH 48 DEGREES 39
MINUTES 04 SECONDS EAST, 798.19 FEET ALONG THE SOUTH LINE OF SAID
PARCEL 1 TO THE WEST LINE OF PARCEL 2 AS SET FORTH ON SAID PLAT OF
SURVEY; THENCE SOUTH 35 DEGREES 28 MINUTES 07 SECONDS WEST,
3369.30 FEET ALONG SAID WESTERLY LINE TO A POINT IN WATER ROAD AT
5 �i
THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTH 73 DEGREES
37 MINUTES 53 SECONDS EAST, 63.15 FEET ALONG THE SOUTH LINE OF SAID
PARCEL 2 TO A POINT IN WATER ROAD AT THE NORTHWEST CORNER OF
PARCEL 3 AS SET FORTH ON SAID PLAT OF SURVEY; THENCE SOUTH 03
DEGREES 16 MINUTES 06 SECONDS WEST, 2077.51 FEET ALONG THE WEST
LINE OF SAID PARCEL 3 TO THE NORTH LINE OF CATATOGA II SUBDIVISION,
RECORDED JANUARY 7, 1974 AS DOCUMENT 1286530; THENCE SOUTH 89
DEGREES 38 MINUTES 16 SECONDS WEST, 263.07 FEET ALONG SAID NORTH
LINE TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 24, BEING THE NORTHERLY MOST COMMON CORNER OF SAID
CATATOGA II SUBDIVISION AND CATATOGA III SUBDIVISION, RECORDED
MARCH 13, 1980 AS DOCUMENT 1538177; THENCE SOUTH 89 DEGREES 03
MINUTES 54 SECONDS WEST, 2675.47 FEET ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER, BEING COINCIDENT WITH THE NORTH LINE OF SAID
CATATOGA III SUBDIVISION TO THE POINT OF BEGINNING, IN KANE COUNTY
ILLINOIS.
DESCRIPTION RECORD PARCEL 2
THAT PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE
EAST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF NESLER ROAD
WITH THE CENTER LINE OF WATER ROAD; THENCE NORTH 43 DEGREES 17
MINUTES 18 SECONDS EAST ALONG THE CENTER LINE OF NESLER ROAD,
1399.19 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 8121.32 FEET, AN ARC DISTANCE
OF 262.37 FEET TO A POINT OF TANGENCY; THENCE NORTH 41 DEGREES 26
MINUTES 14 SECONDS EAST ALONG SAID CENTER LINE BEING TANGENT TO
THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 527.96 FEET;
THENCE SOUTH 48 DEGREES 31 MINUTES 57 SECONDS EAST 902.10 FEET;
THENCE SOUTH 41 DEGREES 28 MINUTES 03 SECONDS WEST 1780.55 FEET TO
THE CENTER LINE OF WATER ROAD; THENCE NORTH 71 DEGREES 46 MINUTES
40 SECONDS WEST ALONG SAID CENTER LINE 1034.35 TO THE POINT OF
BEGINNING, IN THE TOWNSHIPS OF PLATO AND ELGIN, IN KANE COUNTY,
ILLINOIS.
6 7
EXHIBIT C
NOTICE OF HEARING
CITY OF ELGIN
SHADOW HILL SUBDIVISION SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on April 27, 2005, 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 3625
and 3650 Water 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 establishment of the Special Service Area and the tax
levy affecting that Special Service Area.
The purpose for establishing the Special Service Area is 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 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 Special Service Area is in an amount not to
exceed an annual rate of .554 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 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 Property Tax Code
(35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately
$146,000 annually for the cost of the services described above. The City of Elgin,
however, may annually levy up to the maximum rate specified in the ordinance
establishing the Special Service Area for the cost of the services described above
as said services become necessary and are provided by the City of Elgin.
8
Notwithstanding 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 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 a tax for the provision of special services
to the proposed Special Service Area that 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, 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 Service Area may be established nor any
tax levied or imposed.
Dated this of , 2005.
CITY CLERK
10
9
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EXHIBIT 8
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EVIIBIT b
State of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. T25-05
AN ORDINANCE
ESTABLISHING THE SHADOW HILL SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#9)
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 July 13, 2005.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this August 10, 2005.
City lerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk C ��
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120 3`.k
Elgin, IL 60120
1 )
KANE COUNTY CLERK
TAX EXTENSION DEPARTMENT
FILING RECEIPT
630/232-5965
DATE: O L!f ' 4C� 1 ,Doc5
UNIT OF GOVERNMENT: C\
PERSON FILING: I r tTrics,),\c`r\
Receipt of the'following named item(s)is hereby acknowledged:
Pfn‘ren 13c.C\ 3SP in
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By:
Lt\ 11‘.4ip
DEP II- CLERK KANE COUNTY
yOFEC
N,'V City of ElginC PY Mayor
4,°,1 Ed Schock
"4'1111)0'‘ Council Members
Juan Figueroa
Robert Gilliam
David J. Kaptain
Brenda Rodgers
Thomas K.Sandor
John Walters
City Manager
December 14, 2005 Olufemi Folarin
Ms. Mazur Ahmad
Kane County GIS Department
719 South Batavia Avenue
Geneva, IL 60134
Re: Shadow Hill Subdivision Special Service Area#9 (Ordinance T25-05)
Dear Mazur:
I am enclosing a Locator Map with individual lots shown regarding the above special service
area. The area outlined in red is the territory annexed to the City of Elgin by Annexation
Ordinance No. S23-04 recorded on September 29, 2004, as Document No. 2004K128155. I am
enclosing a copy of that ordinance together with an excerpted portion of the Plat of Annexation
which depicts Parcel 2. The seven lots in question are in Parcel 2.
Steve Damolaris, City of Elgin GIS Planner(847/931-6017), entered the seven PIN numbers you
gave me yesterday and they are clearly within the territory annexed to the City of Elgin. He
believes these PIN numbers are relatively new.
If you have any questions or need further documentation,please contact Steve at the above
number.
Thank you for your patience.
Sincerely;
Dolonna"Loni"Mecum, CMC
847/931-5661
Enclosures
c: Steve Damolaris, GIS Planner
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
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