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T41-06 (2) .4-,t-"Rb•to , (Zp_,u2,,,rd 1111NONNIENIN , . l • - . . 1: --CE'''.1> ! COu - • 2007K012455 Sandy Wegman SANDY WEGMAN Kane County Recorder RECORDER - KANE COUNTY. IL 719 S Batavia Ave., Bldg C RECORDED: I/29/2007 10:35 AM Geneva, IL 60134 REC FEE: 44.00 630-232-5935 PAGES: 23 Recording Cover Pale, This page added.for the purpose of affixing Recording Information. . Deed - T Other Of c ,cam UCC Ft Plat Remarks ` ' 1 1 1 1.4 • j VS114( 20 r• 1-< 1 7340 * State of Illinois ) SAND County of Kane) ss RECORDER - SANE EOUNTYY,,r IL City of Elgin ) RECORDED 11/ 2006 1:45 PM R' FEE: @0 PAGES: 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. T41-06 AN ORDINANCE ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#13) 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 November 8, 2006. 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 November 17, 2006. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court lgin, IL 60120 POOR ORiGf Elgin, IL 60120 Recorder Not Resp orxirle Fort rr•rt+.!c+rr.a * Re-Recorded to include legal description Elgin and Providing for a Public Hearing and Other Related Procedures," that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 2006, 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 August 4, 2006, 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 August 23, 2006 at 7:44 pm. 2 • Ordinance No.T41-06 AN ORDINANCE ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#13) 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 C to this ordinance be established as the Tall Oaks 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. T31-06, entitled "An Ordinance Proposing the Establishment of the Tall Oaks Subdivision Special Service Area in the City of Section 3. Establishment of the Special Service Area. The Tall Oaks 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 Tall Oaks Subdivision Special Service Area consists of approximately 195 acres in the City of Elgin. An accurate map of the Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks Subdivision Special Service Area in an amount not to exceed an annual rate of .400 [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 Tall Oaks Subdivision Special Service Area 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 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 Tall Oaks Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $96,000.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. 3 Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 ,...t -i- -- . y• i',.•'. II* -" . • . ' '.4 - --- - -- !-aft*: 11, edgkie ing, . •-'.". '. -1.- A -. _. .--.--- ..,• . - - - ,t- ek,„frog*,,,e„,, 4,-,•A- '' " .,-- ' , ' - ' . - /',..,„-,2- Certificate of Publication in • • COneUrierNeVVS - istio-t3:-.-.. s4'',..t.'- if ; •1',..1, ..,;., ''-q.. 4:4:y 0''ii.`rtei-*•M-..iii,:i",',-,4:1-.,,,,. ,;:jff.::(4s1,';V:,,", -,•,!•,,,;1.4,J,Aiii..6„ '' '' . -. . El'..r '-'11"."'-' bc;41';11 '- 1?e''''..j Ailtiii iYi' ;;"l' 4''';'‘''''' 'j''.'''''''...1• •' STATE OF ILLINOIS ./-. cri •-• ;!'"X'''.1'1 by$f i COUNTY OF KANE ' --,''''''.• '• ' "' ' ':'4,'' ''' '','` ''i r 2t,',... ,'4.n'-".'-'•fiz.'• •.'• `1•( ''':A 4 P- ' . . the I ""' 'thel***extsC"ettIMI4A"m4is'ittaelitle'""' FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY o&Pora. .-, l'ii". .;,•,-.',".,- -4-`)""'. "."'."- i,:`''''..K'4" ' ‘''''''', '""•'; -.•.-• .:• ' " That it is a corporation duly organized and existing under the laws of the State of Illinois; AU ..‘'-;;: .'affe4*-' ". 'Zky'" --''•'°•;•;. --,_•., the Q Te., ;t*, Ail,0 Alikan '. ,,h2tHil----'neciasergioe-''1.21-thEt.-18titEr..."-•May''' '...t...."4lle- . )...;7;4.. -'- ', : ,-.- That it is the publisher of The Courier News,a secular daily newspaper published m the City :the*tibleevY ailbctin, for.' -estahS' ' 'It--,.*h"the S.-----"Service' Axe is*vide servi'i cert.'. Itt<hnl the iPerattolt,i' num' te"i of Elgin, in Kane County, Illinois, and of general circulation in said City, County and State; and in DO*.rePair'rehabilitatim ICJ ment'ant1rec°""ciwn•of any site,..'. °-,*Ixag, e ' S'' . ... McHenry County and portions of Cook and DuPage Counties,and m cities in Kane County;and that 'wile' mini'''.pub°"4". • ','..". •., 1ii:*,::,'4.''* .ifi.`,. r,r_,,,,,-. , ,• ,"...„.., •,. it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"-Ill. Revised 4 -• an'ecalthemwi' ts.th-andlicwith. '''ill' '''''''IC`':::" 1:-.'''' ' ''';-''''.1' kelkii)A, ' "-.:7 ; ;I:Z64,4• ' ' 'f, 1 Statutes,Chap. 100,Sections 1,5 and 10. to seMees generally provided be City o ljthtJ. 41,..4- .‘;',,,-. 'i, ,: :iv'. ,.tobeijeard „ That a notice of which the annexed is a true copy has been regularly published in said '....,„ ..,, Icr,.. *vitt: . . ... s,".. ' •-,Irmidere4-'Ili.' ric,,in• •, - ' - -'711.-4-4111,0t, ,•'''. , newspaper e2.1- time(s) — each for of 0400rar. 4.... .,-' ^ - -'*tlitt thb4' '' 4,4444•', ' '1'.;-, '. - Ill"Wilrirt ' - ' ba nill ftioiotferifelOdifildime from arid ,:.'',,.. .!,, •O .. ,,ftT,-• - '- •-• . ., toist ----____ ,• ,•-estabhstnegthe'.-•• '' . . I'• 01240 . ...,..... "6""lidi successive ;that the i be levied - m .”— e ' ,.-• . . kpirises zoon-I et seq).The tax levies are Entebied tovoodssea,-ed'1"7'7,,d*--,' '1''p , . u.la----- ... ..r any.... ,- ..., :iiiit Aerv3c...- s descnbed above.The City of first publication of said notice was on the ‘...) — day of/ 1.A- 416.7- ,20 .0.4' .,,..• - •4'4 _iti to the mettithom lite. ' ....iittke'Attthilithee establishing the Spesial ceA ______ 81441wv-' 14414- and are Ps-vtds,b!the' and the last publication thereof was on the ---- day of , 20 A, LEigthremiL'ih,„--'''-.4-jia- ._,-.%Armpit- ti , , --..: ,-.!,,,,,.' -Pmpmettyr-----Pec--eras----7„6,_ that the face of type in which each publication of said notice was printed was the same as the body ---aticktesponffi -me.corLbe__ ___---i;aAthi.-- l' ''' ,Ii. , 7 ,,t114, 1, 4k,,--'"';fails'y tomaintano,ts sp:Ikup.' - -lepalrAeq,071acomeaortyPa4 of type used in the classified advertising in the newspaper in which said publication was made; for the imPfflavernents c'esenbeet*P°Te ''l' --,.., ',1...-"',-,•'4 ,,,2.':.-1 4.- ' t1. .-._... ,., .- ,...:lipts-- .'`, ,;.,. .- .• .g,'.4.'.";,-r,2 ','!"•city'' ,:..ii.'r .'C'•ir. .'.."44fra.t:‘ ' ''''''''''''''''' • •`"'''• '''' ',-"r: minutes.-si .1".-4-.1..1,,,,,,,e,,,. That said The Courier News has been regularly published in said City, County and State •-• ...:'‘ ' ' *'11Veei ' ZIU4 4-,:' ''' 'IL, 15, .•. for at least one year prior to the first publication of said notice. a petition robieL4Mg naiesiabtisIunent.of the Vio' '' 'it: SeAai In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has tbe I . es le"4"DePe'w14(5196)(4ej- ''': "' *126,4-illetv..-:* &rico. : ,.-Ki?k P-016,-, executed this Certificate of ublication by its Officer or Agent thereunto duly authorized this ".".-74' Area,is Sedysith the ttobf&ntt, '.'crd ,: •-,. .: -'.. ...„-ii-4s-74-4. • • ) dirrig-. truing reisardsg lbr,.j• ,;tv.,. _ ' ...,,. - 4.:..,, .,.. tk.*-,• - day of. 1.ti-4 7- , 20 04, .. , be estatdished nor any tea ld,tled or imposed. .,, , t i r.,.', •• 7 '•-...'-,•"' gori.,-,40 tvig FOX V LEY PUBLICATII S '''. 4-idtwn\;f7X,,,%•71';',17/.,'.r.„ , .03,:,1,1..i-44419yig.r4t / ' '"'''',Iwo Y Ofilt -L.',, -Av.p-a- ••':, _ : . -, :,,, ‘,., :,-.,,-..11,I.,,.. . ' t....4,,,,..,, = ., :.,:,-, ,.,... -Js' -s`*• = ', ,' .. z. , 1. „.. c ,-,-. i B 41Prie • . ., . It I --• ' • - , ;'t• 3„..i!- ,''' \•'.;i'01-i11,41,4 . . . On-g /. 4 1° ifd--- ,t,..,t,:i,,•,..147 - ••ILz',,4'k; - ,./r i,-,• -.- ',0'i.' itzle41 ._,fig, f--. • ''4'.'-1-`-1'; i *;.•(tw4% 14'1'''', Printer• ' Fee$1lesa•Re). Paid , 20 1 4" ' 2 4 '':") 4, • ,,,,,',,N, „ ,,, ...4.4•-•,„110".••• , • s . . . . . . ,,: ,-‘,.,w...;„.o 4 i 4', elk . I " ' ' ' it ''t' ' ''',•‘:,--.1-'144.41471`"-',c• '• ." - • .:'e, ...11na.part of the, , , .L,,, .,, ',, „•raogiTh,g4k. ,,- ,, ,, Noie . Folio '-..:•.-. Meridian,.deacubed. , , ,.,1/2,4b-thinaddiejdtr,pref. • ''''. : ;onabd'Apiiidsnortk,.. ,,,0 main' wait, WVeet '• ' li #. af 0 6,1-0 .. no of tbe north la of said' , ,•,p of Plato,Kane County, • • •• . S IAL SEAL 4BONNIE G. BRAUN • .s',,avit:-• ,riraf 414,,,.. 4.',1' .44.4,,, i, 4-:.',-..-4:.",, ..,,,,. :,..4:ri:0f1 snaairdth• . .''.,-.1.i..P.." ',4, ,,, "fo.r--44-skaninftgra,,, '.4. . , '•,,,,1- •; . .,. , ,., ... south- .4..- ,,,-• :,,,..J.,,y„.. , IpsviK:TgTYmPliisi!3itc;InCE,STATExpiresAp0FriliL6,LINO201173 '' ''',- ''' , :• -dirti ,..-'-' /1;••-,r ' , ' lia-Ft i :-If.,,-7,' ,, ,.,--. ,imam .., .f:.=1 N^ " 4:',',.••I • nieridian,described as follows:be • r •vuv . . ....- g�miitg at the southeast comer of the nort4 1R of the northeast 1/4 of Section 13;thence north slang the ration line 503 feet;thence south 89 degrees 50 minutes west,1385.9 feet (�� A966:4,6 to -t;enter line of the highway;thence southerly along said center line to the south line of the north 1/2 of said n i t14;thence east along the south line to the point of beginning,in the township of Plato,Kane County, s.." -IL Two:That part of the northwest fractional quarter of Section 18,Township 41 north,Range 8 east of the • ,cipal Meridian,described as follows:commencing at the northwest corner of said section 18;thence east alo+ ,e north•Sine bf said section 662.64 feet to the center of that state toad;thence south 64 degrees 05 minutes ens .ng said line 112.86 feet to a point hereinafter referred to as point"a";thence South 64 degrees 05 „ , _s east along said center line to a point 30.36 feet westerly,measured along Said center line,from the east line of•t,northw t fractional quarter for the point of beginning;thence north 64 degrees 05 minutes west along said cen-linen) d_ponit u a";thence south 25 degrees 55 minutes west 366.96 feet;thence north 64 degrees 05 min- u fest 1 et,thence north 73res 15 minutes west to a point which is north 81 degrees 44 minutes east ' r 13 , - fro- *Paint In the quarter section 186.93 feet southerly of the southerly line of the Plato thence Sopdi$1 degreed. , west 153 feet to the west line of said'quarter section;thence south along i • 'West litre tett point 29 of the northwest corner of said section 18;thence south 48 degrees east i fast to a line drawn south k�minutes west from the point of beginning;thence north 25 degrees ' •g east 2219 feet to the point of;•heginning,in the township Of Egin,'Kane county,Illinois. t!beg , part of sear. f 3,township 41 north,range 7 east and that part of section 18,township 41 north, i' ieridian,described as follows:beginning at the northeast corner of the southeast 114"/ s y"1"i ` ,- f ',59 chains to the northwest corner of the southwest fractional quarter of section 18, a "". 'fenge:--'-i' of.the third principal meridian;thence east on the north line of said quarter 11.95 ./....;;;I'. the{ 48 degrees east 3.62 chains to a granite stone;thence south 47 degrees west to_intersect the i :i+, 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof;thence r:r' ,+ 04rs(tas1 said east line;thence north 60 degrees west 21.19 chains;thence south 38 degrees i coins;thence north 57 degrees west 3.29 chains;thence south 43 degrees 15 minutes west 10 chains and • 114S 1044p45,12.chains east of the west line of said last named quarter section;thence north 85 degrees west 1* ., t aft -of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 v ,.thered4theitte wiethe degrees 15 minutes east 43 chains a• +• ' the Cast 1/2 of the Northeast 1/4 of said section 13;thence south 7.40 1potli Mr totter of said east 1/2;thence east 20.5 chains to the point of beginning(except that part of ihe060tl11/2 of r 13,township 41 north,range 7 east of the third principal meridian described as follows:commerteittg at the -.`coiner of lot 50 of Montague Forest unit no.4;thence north 12 degrees 51 minutes 15 seconds east along esterly line of said lot,55 feet westerly to an angle in said westerly line for the point of beginning;thence 314 degrees 02 minutes west 1083.7 feel to the center line of the Elgin-Plato road;thence southwesterly along , Aril*10.52 feet to the northwest corner of Montague forest unit no.1;thence south 84 degrees 02 min- ''along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest,unit no.4;thence north •12 - `a1 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning;and also except 4 'of die`soiitheast 1/4 of section 13,township 41 north,range 7 east of the third principal meridian described is ::coking at the northwest corner of lot 3,Montague Forest,Unit No., 1,recorded as document 1 t'549;thence westerly along the northerly lice extended of said unit no.1,50.23 feet to the center lice of Russell ::;thence northeasterly along said center line,being a curve to the right having a radius of 3015.71 feet,377.58 along said'center line,tangent to the last described curve at the last described point 692.9 'the+"` " • .- testy along said center line,being a curve to the left having a radius of 15,775 feet, ' tan•.-,t to &'bed coup 105:teet for a point of beginning;thence continuing northeasterly along a con- til /on of the r 'bed curve 190.0 feet;thence southeasterly along a line forming an angle of 77 degrees 10'. "les 00 r, -i,a line, r .•ent to the last described curve at the last described point,as measured- .`,,.r;,'.8.0 feet ' -thwesterl al a line forming an an a of 79 de 40 minutes"00 � `''�' there Y �B g• 81 8� with tha described :eisection counter-clockwise therefrom,225.0 feet;thence northwesterly t. al a line ford'j�•an angle of 23 minutes 14 seconds with the last described course,as measured • -clockwise therefrom,233,80`feet to the point of beginning),in Plato Township,Kane county,Illinois. i:. ' Four.That part of the northwest 1/4 of section 18,township.41 north,range 8 east ofthe third principal described as follows:beginning at the southwest corner of the northwest 1/4 of said section;thence north • "'ant` "44.to a point that is 29 chains south of the northwest corner of said section;thence south 48 degrees east to 'i : ton the quarter section line 47.82 rods east of the point of beginning;thence west to the point of beginning, Iii'' township of-Elgin,Kane county,Illinois. 'Five:The southeast post 1/4 of the northeast 1/4 of section 13,township 41 north,range 7 east of the third - • nteridian(exq t a piece in the northwest corner thereof 20 rods square),all in the township of PIaOo,'Kane:, ty,Illinois. '''nu-71tatpart of the southeast 1/4 of section 13,township 41 north,range 7 east of the third principal mend- ,ipo,`, .•as follows:commencing at the northeast corner of the southeast 1/4 of section 13;thence north 1.59 • , 'to'teAerthwest corner of the southwest fractional quarter of section 18,township 41 north,range 8 east of the ,,Principal meridian;thence east on the north line of said quarter 11.95 chains;thence south 48 degrees east 3.6 `char*to granite stone;thence south 47 degrees west to intersect the east line of the southeast 1/4 of said sec- t:14,,, at-a-point 15.42 chains south of the northeast corner thereof;thence on the same course 70 links past said • thence north 60 degrees west 21.19 chains;thence south 38 degrees west 10 chains along the west lines Of s•fugue Forest units five and four for the point of beginning;thence north 57 degrees west 3.29 chains;thence a1u 3 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no.4; ,: Y easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said onit$i.4;thence northeasterly along said westerly line 130 feet to the point of beginning,in the Township of Plato, Kane County,Illinois(property commonly known as 101 Russell Road). i . ,A Exhibit B M Tar Osa s ' rtei••4Ctt: T.41 K 7,41 k - u 7 . . 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''''' At. ..,,,, .• ,..1 .. . .. ., , . _ . .. . . -Am el : ..........,minsomminotmoias • ._. , • • .;,...-...,..,:c„:„.t4. , -.....,.....,,,tr., .., ..1. . .,.... ; . .. • , , H,..(44-74,..,..........., -16,...,,,....--- ,,,.,,.., .... -, l'AL..........,....., - • • I • Y ; TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE OF HEARING: MAILING Exhibit B • NOTICE OF HEARING CITY OF ELGIN TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on August 23, 2006, 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 101 Russell 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 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 will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.400 of the equal- ized 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$96,000.00 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 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 re- cord 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 4th Day of August,2006. Delonna Mecum CITY CLERK Exhibit A Tall Oaks Parcel One: That part of the north 1/2 of the northeast 1/4 of section 13, township 41 north, range 7 East of the third principal meridian, described as follows: beginning at the southeast corner of the north 1/2 of the northeast 1/4 of said Section 13; thence north along the section line 503 feet; thence south 89 degrees 50 minutes west, 1385.9 feet to the center line of the highway; thence southerly along said center line to the south line of the north 1/2 of said northeast 1/4; thence east along the south line to the point of beginning, in the township of Plato, Kane County, Illinois. Parcel Two: That part of the northwest fractional quarter of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the northwest corner of said section 18; thence east along the north line of said section 662.64 feet to the center of that state road; thence south 64 degrees 05 minutes east along said center line 112.86 feet to a point hereinafter referred to as point "a"; thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly, measured along said center line, from the east line of said northwest fractional quarter for the point of beginning; thence north 64 degrees 05 minutes west along said center line to said point "a"; thence south 25 degrees 55 minutes west 366.96 feet; thence north 64 degrees 05 minutes west 112.86 feet; thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 153 feet from a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Road; thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section; thence south along said west line to a point 29 chains south of the northwest corner of said section 18; thence south 48 degrees east 781.66 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning; thence north 25 degrees 13 minutes east 2219 feet to the point of beginning, in the township Of Egin, Kane county, Illinois. Parcel Three: That part of section 13, township 41 north, range 7 east and that part of section 18, township 41 north, range 8 east of the third principal meridian, described as follows: beginning at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to a granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 10 chains and 71 links to a stake 5.12 chains east of the west line of said last named quarter section; thence north 85 degrees west 17.12 chains to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 chains north of the southwest corner thereof; thence north 49 degrees 15 minutes east 43 chains along said Russell's east line to the west line of the east 1/2 of the Northeast 1/4 of said section 13; thence south 7.40 chains to the southwest corner of said east 1/2; thence east 20.5 chains to the point of beginning (except that part of the South 1/2 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the southwest corner of lot 50 of Montague Forest unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along the westerly line of said lot, 55 feet westerly to an angle in said westerly line for the point of beginning; thence north 84 degrees 02 minutes west 1083.7 feet to the center line of the Elgin-Plato road; thence southwesterly along said center line 30.62 feet to the northwest corner of Montague forest unit no. 1; thence south 84 degrees 02 minutes east along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest, unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning; and also except that part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the northwest corner of lot 3, Montague Forest, Unit No., 1, recorded as document 1054549; thence westerly along the northerly line extended of said unit no. 1, 50.23 feet to the center line of Russell Road; thence northeasterly along said center line, being a curve to the right having a radius of 3015.71 feet, 377.58 feet; thence northeasterly along said center line, tangent to the last described curve at the last described point 692.9 feet; thence continuing northeasterly along said center line, being a curve to the left having a radius of 15,775 feet, tangent to the last described course 105 feet for a point of beginning; thence continuing northeasterly along a continuation of the last described curve 190.0 feet; thence southeasterly along a line forming an angle of 77 degrees 10 minutes 00 seconds with a line drawn tangent to the last described curve at the last described point, as measured clockwise therefrom, 228.0 feet; thence southwesterly along a line forming an angle of 79 degrees 40 minutes 00 seconds with the last described course, as measured counter- clockwise therefrom, 225.0 feet; thence northwesterly along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course, as measured counter-clockwise therefrom, 233.80 feet to the point of beginning), in Plato Township, Kane county, Illinois. Parcel Four: That part of the northwest 1/4 of section 18, township 41 north, range 8 east of the third principal meridian described as follows: beginning at the southwest corner of the northwest 1/4 of said section; thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section; thence south 48 degrees east to a point on the quarter section line 47.82 rods east of the point of beginning; thence west to the point of beginning, in the township of Elgin, Kane county, Illinois. Parcel Five: The southeast 1/4 of the northeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian (except a piece in the northwest corner thereof 20 rods square), all in the township of Plato, Kane County, Illinois. Parcel Six: That part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains along the west lines of Montague Forest units five and four for the point of beginning; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no. 4; thence easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit no. 4; thence northeasterly along said westerly line 130 feet to the point of beginning, in the Township of Plato, Kane County, Illinois (property commonly known as 101 Russell Road). Z\ Exhibit B N 800 o 600 1200 IF Tall Oaks T. 41 N. T. 41 N. 7 12 r /e 411/ - .„, ,s �, w � TerritoryfoFir :,�`� SSA District OC'� ► /7/Yr-44.ApP 18 ,,, ! / tall .''r A, .; Ai/s/ . ,,,,AL1 AAA,tritArgiair 441F pre myr 101.11111111 41aili 24 Ai 9 i • TALL OAKS SUBDIVISION SPECIAL SERVICES AREA LEGAL DESCRIPTION FOR TALL OAKS SUBDIVISION Exhibit C Tall Oaks Parcel One: That part of the north 1/2 of the northeast 1/4 of section 13, township 41 north, range 7 East of the third principal meridian, described as follows: beginning at the southeast corner of the north 1/2 of the northeast 1/4 of said Section 13; thence north along the section line 503 feet; thence south 89 degrees 50 minutes west, 1385.9 feet to the center line of the highway; thence southerly along said center line to the south line of the north 1/2 of said northeast 1/4; thence east along the south line to the point of beginning, in the township of Plato, Kane County, Illinois. Parcel Two: That part of the northwest fractional quarter of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the northwest corner of said section 18; thence east along the north line of said section 662.64 feet to the center of that state road; thence south 64 degrees 05 minutes east along said center line 112.86 feet to a point hereinafter referred to as point "a"; thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly, measured along said center line, from the east line of said northwest fractional quarter for the point of beginning; thence north 64 degrees 05 minutes west along said center line to said point "a"; thence south 25 degrees 55 minutes west 366.96 feet; thence north 64 degrees 05 minutes west 112.86 feet; thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 153 feet from a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Road; thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section; thence south along said west line to a point 29 chains south of the northwest corner of said section 18; thence south 48 degrees east 781.66 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning; thence north 25 degrees 13 minutes east 2219 feet to the point of beginning, in the township Of Egin, Kane county, Illinois. Parcel Three: That part of section 13, township 41 north, range 7 east and that part of section 18, township 41 north, range 8 east of the third principal meridian, described as follows: beginning at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to a granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 10 chains and 71 links to a stake 5.12 chains east of the west line of said last named quarter section; thence north 85 degrees west 17.12 chains to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 chains north of the southwest corner thereof; thence north 49 degrees 15 minutes east 43 chains along said Russell's east line to the west line of the east 1/2 of the Northeast 1/4 of said section 13; thence south 7.40 chains to the southwest corner of said east 1/2; thence east 20.5 chains to the point of beginning (except that part of the South 1/2 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the southwest corner of lot 50 of Montague Forest unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along the westerly line of said lot, 55 feet westerly to an angle in said westerly line for the point of beginning; thence north 84 degrees 02 minutes west 1083.7 feet to the center line of the Elgin-Plato road; thence southwesterly along said center line 30.62 feet to the northwest corner of Montague forest unit no. 1; thence south 84 degrees 02 minutes east along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest, unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning; and also except that part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the northwest corner of lot 3, Montague Forest, Unit No., 1, recorded as document 1054549; thence westerly along the northerly line extended of said unit no. 1, 50.23 feet to the center line of Russell Road; thence northeasterly along said center line, being a curve to the right having a radius of 3015.71 feet, 377.58 feet; thence northeasterly along said center line, tangent to the last described curve at the last described point 692.9 feet; thence continuing northeasterly along said center line, being a curve to the left having a radius of 15,775 feet, tangent to the last described course 105 feet for a point of beginning; thence continuing northeasterly along a continuation of the last described curve 190.0 feet; thence southeasterly along a line forming an angle of 77 degrees 10 minutes 00 seconds with a line drawn tangent to the last described curve at the last described point, as measured clockwise therefrom, 228.0 feet; thence southwesterly along a line forming an angle of 79 degrees 40 minutes 00 seconds with the last described course, as measured counter- clockwise therefrom, 225.0 feet; thence northwesterly along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course, as measured counter-clockwise therefrom, 233.80 feet to the point of beginning), in Plato Township, Kane county, Illinois. Parcel Four: That part of the northwest 1/4 of section 18, township 41 north, range 8 east of the third principal meridian described as follows: beginning at the southwest corner of the northwest 1/4 of said section; thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section; thence south 48 degrees east to a point on the quarter section line 47.82 rods east of the point of beginning; thence west to the point of beginning, in the township of Elgin, Kane county, Illinois. Parcel Five: The southeast 1/4 of the northeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian (except a piece in the northwest corner thereof 20 rods square), all in the township of Plato, Kane County, Illinois. Parcel Six: That part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains along the west lines of Montague Forest units five and four for the point of beginning; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no. 4; thence easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit no. 4; thence northeasterly along said westerly line 130 feet to the point of beginning, in the Township of Plato, Kane County, Illinois (property commonly known as 101 Russell Road). TALL OAKS SUBDIVISION SPECIAL SERVICES AREA SSA DISTRICT MAP FOR TALL OAKS SUBDIVISION Exhibit D . . ' Exhibit D N Tall Oaks 600 0 600 1200 Feet T. 41 N. T. 41 N. 12 7 :. , . — 11*I Territory of �� ,id(0/ W SSA District g co )1 wr / 172 �" 18 13 - / SA 'I" OA. , Aii: NI __ III -.., i .... / , AO 9 'A,\ 24 A 1 REQUEST FOR LEGAL X OPINION DOCUMENT OTHER TO: William A. Cogley, Corporation Counsel FROM: Janice Ward, Senior Planner DATE: March 7, 2007 GENERAL SUBJECT: Special Service Areas(SSA's)for Stormwater Management Facilities The SSA's for four(4)developments (Edgewater, West Ridge Community Church, Tall Oaks and Highland Woods/Foy) have been executed and recorded with inaccurate legal descriptions. The inaccuracies, identified by the Kane County GIS Technologies Department, have resulted in properties (parcels) being either inappropriately included or excluded from the SSA. Exhibits of three developments have been attached to illustrate problem areas. Additionally,the Kane County Assessor's office is requesting a letter,from the City,stating that Elgin's intention was for the SSA's to follow subdivision boundaries. We are requesting your legal opinion as to the procedure that should be followed to process needed changes to the executed SSA's and the appropriate response to the Assessor's request. If you have additional questions regarding the maps and areas in question, please contact Steve Damolaris at extension 6017. Thanks for your assistance. Returned for following: RECEIVED: ROUTE TO: RESPONSE DUE: si cri N41' City of Elgin Mayor sk Ed Schodc r' . • Council Members 4'1111)10' Juan Figueroa Robert Gilliam David J.Kaptain Brenda Rodgers Thomas K.Sandor John Walters City Manager December 13, 2006 Olutemi Folarin Ms. Susan Ericson Tax Extension Office .Kane County Clerk's Office • P.O. Box 71 Geneva, IL 60134 Re: Tall Oaks Subdivision Special Service Area#13 (Ordinance T41-06) Dear Susan: . • I am enclosing a certified copy of Ordinance No. T41-06, entitled "An Ordinance Establishing The Tall Oaks Subdivision Special Service Area Of Elgin, Illinois (SSA #13) And Providing For The Levy Of Taxes For The Purpose Of Paying The Cost Of Providing Special Services In And For Such Area." Said ordinance was passed by the Elgin City Council on November 8, 2006, and the ordinance was recorded by the Kane County Recorder on November 21, 2006, as Document No. 2006K127340. Pursuant to your request, two copies of the locater map regarding the special service area are enclosed. Please contact me if you have questions or need anything additional. Sincerely, ityvc_c_tx,v, Dolonna "Loni"Mecum, CMC City Clerk 847/931-5661 Enclosure 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org C: Printed on recycled paper 11111111111111111111 S. I 2006K 127340 2006K127340 * State of Illinois ) County of Kane) ss REC R ER- KA ECOUNTY, I L City of Elgin ) RECORDED: 11/21/2886 1:45 PM REC FEE: 38.88 PAGES: 9 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. T41-06 AN ORDINANCE ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#13) 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 November 8, 2006. hi 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 November 17, 2006. WeEk Pte-C-a4.^ City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation CounselElgin City Clerk City of Elgin 150 Dexter Court t 150 Dexter Court lgin, IL 60120 POOR ORIGINAL. Rs El 'n, IL 60120 �rcf�cNct rxib Fi 1; For FiOnre,d,,c+tr'rR * Re-Recorded to include legal description w Ordinance No.T41-06 AN ORDINANCE ESTABLISHING THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#13) 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 C to this ordinance be established as the Tall Oaks 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. T31-06, entitled "An Ordinance Proposing the Establishment of the Tall Oaks Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Related Procedures," that ordinance having been duly passed on July 26, 2006, and was considered at a public hearing held by the City Council of the City of Elgin on August 23, 2006, 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 August 4, 2006, 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 August 23, 2006 at 7:44 pm. 2 Section 3. Establishment of the Special Service Area. The Tall Oaks 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 Tall Oaks Subdivision Special Service Area consists of approximately 195 acres in the City of Elgin. An accurate map of the Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks 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 Tall Oaks Subdivision Special Service Area in an amount not to exceed an annual rate of .400 [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 Tall Oaks Subdivision Special Service Area 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 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 Tall Oaks Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $96,000.00 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. s/Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Passed: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 9, 2006 Published: November 10, 2006 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 t t l+ "4. ¢1 -1V C'N 4 iiEAR t�€#fit s ain# 4# .. i _ a-, r , CITY OF ELCIN"'""� ,_,,,, ; ,. ...,' The • TALL OAKS SUBDIVISION SPECIAL,SERVICES AREA Certificate of Publication in CourierNews 4n,i NOTICE IS HEREBY GIVEN that on August 23,2006,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 con-. STATE OF ILLINOIS sider the establishment of a Special Service krea consisting of territory legally described in Exhibit A which isl' attached to and incorporated by reference into this notice. ��x COUNTY OF KANE 'The approximate location of the proposed Special Service Area is 101'Russell Road in the City of Elgin,KaiJ County,Illinois.An accurate map depicting the location of the proposed Special Service Area is attached to and FOX VALLEY PUBLICATIONS, DOES HEREBY CERTIFY: 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 That it is a corporation duly organized and existing under the laws of the State of Illinois; 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. That it is the publisher of The Courier News,a secular daily newspaper published in the City The purpose for establishing the Special Service Area is provide services including the operation,mainte- of Elgin, in Kane County, Illinois, and of general circulation in said City, County and State; and in nance;repair,rehabilitation,replacement and reconstruction of any site runoff storage area,drainage way,ditch, McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that swale,storm sewer,or other stormwater facility;.costs of design,engineering and,other consulting services, „ sur- veying and permits,public liability insurance,and all administrative,legal and other costs or expenses incurred in it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"—Ill. Revised connection therewith and with the administration of the Special Service Area,including the repayment of any loan Statutes,Chap. 100,Sections 1,5 and 10. 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 That a notice of which the annexed is a true copy has been regularly published in said for illfe Special Service will be considered.The proposed annual tax levy for the Special.Service Area is in an , ameunt not to exceed an annual rate of 0.400 of the equalized assessed value of the property within the proposed newspaper Q./` time(s) each for Sp+i8l Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordi- _ natice establishing the Special Service Area.These taxes shall be in addition to all other taxes permitted by law and successive ; that the shall be levied pursuant to the provisions of the Property Tax Code(35 ILCS 200/1-1 et seq).The tax levies are t�2� intended to produce approximately$96,000.00 annually for the cost of the services described above.The City of first publication of said notice was on the V day of . . ?.f<C6.! , 20 .o.4 E1g1( 'however,may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services desetibed above as.said services become necessary and are provided by the �— '�— Cit3tof Elgin.Notwithstanding the foregoing,taxes shall not be levied hereunder and the proposed Special Service and the last publication thereof was on the day of , 20 Area shall remain abeyant and shall take effect only in the event the homeowners'or other property owner associ- that the face of type in which each publication of said notice was printed was the same as the body anon responsible for the property within the proposed Special Service Area fails to maintain,repair,replace or pay of type used in the classified advertising in the newspaper in which said publication was made; 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,td anoohar date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time That said The Courier News has been regularly published in said City, County and State andiplaceof its adjournment. . for at least one year prior to the first publication of said notice. :.If a petition objecting to the establishment of the proposed Special Service Area;the tax levy,or the impost-1 tion of a tax for the provision of special services to the proposed Special.Service Area that has been signed by at leastfifty-one percent(51%)of the electors residing within the proposed Special Service Area,and by at least fiftyr.,, In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has onaptrcent(51%)of the owners of record of the land included within the boundaries of the proposed Speciale executed this Certificate of ublication by its Officer or Agent thereunto duly authorized this Service Area,is filed with the City of Elgin City Clerk within sixty(60)days following the final adjournment of (PI� CC 7 /P ,, thetoblie hearing regarding the establishment of the proposed Special Service Area,no such Special Service Area day of. . / u4 , 20 O` ma be established nor any tax levied or imposed. ,Dat4t d this 4th Day of August,2006. FOX V LEY PUBLICATI A S Delbnna Mecum • B '�• Cr1'Y CLERK i . . Q ,9-may. . d/,4-,-. . . . . . Exhibit A /�/ Tall Oaks r Printer's Fee $,tTDol..oZO. Paid , 20 Par`e1..One:That part of the north 1/2 of the northeast 1/4 of section 13,township 41 north,range 7 East of the third /a Folio . . �� prirtctpal meridian,described as follows:beginning at the southeast corner of the north U2 of the northeast 1/4 of No s--- saki Section 13;thence north along the section line 503 feet;thence south 89 degrees 50 minutes west,1385.9 feet / '//' .9O �/O to the center line of the highway;thence southerly along said center line to the south line of the north 1/2 of said (�-/� 7 (J norgpst 1/4;thence east along the south line to the point of beginning,in the township of Plato,Kane County, nhaois. - • . IAL SEAL 74, ' BONNIE G. BRAUN Parcel Two:That part of the northwest fractional quarter of Section 18,Township 41 north,Range 8 eastof the Thi., rincipal Meridian,described as follows:commencing at the northwest corner of said section 18;thence east. NOTARY PUBLIC,STATE OF ILLINOIS ` aloryahe north line of said section 662.64 feet to the center of that state road;thence south 64 degrees 05 minutes I My Commission Expires April 6,2010 -. eastalong said center line 112.86 feet.to a point hereinafter referrell to as point"a";thence South 64 degrees 05 minhtes east?long said center line to a point 30.36 feet westerly,measured along said center line,from the east line of skid northwest fractional quarter for the point of beginning;thence north 64 degrees 05 minutes west along said Io ParreLOne:That part of the north 1/2 of the northeast1/4of section13,township41norm,range i nasi or use uuru / priikipal meridian,described as follows:beginning at the southeast corner of the north 1/2 of the northeast 1/4 of NO �� rum, . . ....1..•r sai Section 13;thence north along the section line 503 feet;thence south 89 degrees 50 minutes west,1385.9 feet • /d* Aye) /(Y�6,8.0to the center line of the highway;thence southerly along said center line to the south line of the north 1/2 of said (�C, en noreast 1/4;thence east along the south line to the point of beginning,in the township of Plato,Kane County, Illidois. t Parcel Two:That part of the northwest fractional quarter of Section 18,Township 41 north,Range 8 east of the Thiq'rincipal Meridian,described as follows:commencing at the northwest corner of said section 18;thence east alot the north line of said section 662.64 feet to the center of that state road;thence south 64 degrees 05 minutes east along said center line 112.86 feet,to a point hereinafter referred to as point"a";thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly,measured along said center line,from the east line of sf113 northwest fractional quarter for the point of beginning;thence north 64 degrees 05 minutes west along said center line to said point"a";thence south 25 degrees 55 minutes west 366.96 feet;thence north 64 degrees 05 min- ute west 112.86 feet;thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 15 feet front a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Rood;thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section;thence south along said westline to a point 29 chains south of the northwest corner of said section 18;thence south 48 degrees east 781166 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning;thence north 25 degrees 13 minutes east 2219 feet to the point of beginning,in the township Of Egin,Kane county,Illinois. i • Parcel Three:That part of section 13,township 41 north,range 7 east and that part of section 18,township 41 north, ran4e 8 east of the third principal meridian,described as follows:beginning at the northeast corner of the southeast 1/4 pf section 13;thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, tohip 41'north,range 8 east of the third principal meridian;thence east on the north line of said quarter 11.95 I c ;thence south 48 degrees east 3.62 chains to a granite stone;thence south 47.degrees west to_intersect the 1 east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof;thence on t ieesame course 70_links past said east line;thence north 60 degrees west 21.19 chains;thence south 38 degrees wesL10 chains;thence north 57 degrees west 3.29 chains;thence south 43 degrees 15 minutes west 10 chains and ' 71 14s to a stake 5.12"chains east of the west line of said last named quarter section;thence north 85 degrees west 17. haters to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 theagli agrnec ihereof;thence north 49 degrees 15 mimura east 43 chains along said Russell's eastlet0 the west line of the east 1/2 of the Northeast 1/4 of said section 13;thence south 7.40 chains to the south- west corner of said east 1/2;thence east 20.5 chains to the point of beginning(except that part of the South 1/2 of section 13,township 41 north,range 7 east of the third principal meridian described as follows:commencing at the • southwest corner of lot 50 of Montague Forest unit no.4;thence north 12 degrees 51 minutes 15 seconds east along the flies"tterly line of said lot,55 feet westerly to an angle in said westerly line for the point of beginning;thence ln 334 degrees 02 minutes west 1083.7 feel to the center line of the Elgin-Plato road;thence southwesterly along sai centerline 30.62 feet to the northwest corner of Montague forest unit no.1;thence south 84 degrees 02 min- east along said north line 1098.37 feet to the westerly line of lot 50 in Montague foiest,unit no.4;thence north 12 grecs 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning;and also except art of the southeast 1/4 of section 13,township 41 north,range 7 east of the third principal meridian described asws:commencing at the northwest corner of lot 3,Montague Forest,Unit Na., 1,recorded as document 10 549;thence westerly along the northerly line extended of said unit no.1,50.23 feet to the center line of Russell !, Ro thence northeasterly along said center line,being a curve to the right having a radius of 3015.71 feet,377.58 O feet:thence northeasterly along said center line,tangent to the last described curve at the last described point 692.9 feet,thence continuing northeasterly along said center line,being a curve to the left having a radius of 15,775 feet, tantnt to the last described course 105 feet for a point of beginning;thence continuing northeasterly along a con- tinuation of the last described curve 190.0 feet;thence southeasterly along a line forming an angle of 77 degrees 10 mies 00 seconds with a line drawn tangent to the last described curve at the last described point,as measured cloIwise therefrom,228.0 feet;thence southwesterly along a line fonning angle of 79 degrees 40 minutes 00 i 1 seconds with the last described course;as measured counter-clockwise therefrom,225.0 feet;thence northwesterly . along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course,as measured cotlhter-clockwise therefrom,233.80 feet to the point of beginning),in Plato Township,Kane county,Illinois. Parcel Four:That part of the northwest 1/4 of section 18,township 41 north,range 8 east of the third principal meridian described as follows:beginning at the southwest corner of the northwest 1/4 of said section;thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section;thence south 48 degrees east to a paint on the quarter section line 47.82 rods east of the point of beginning;thence west to the point of beginning, in the township of Elgin,Kane county,Illinois. i Parcel Five:The southeast 1/4 of the northeast 1/4 of section 13,township 41 north,range 7 east of the third prin- cipti meridian(except a piece in the northwest corner thereof 20 rods square),all in the township of Plato,Kane. . County,Illinois. - ParcebSix:That part of the southeast 1/4 of section 13,township 41 north,range 7 east of the third principal merid- ian,tdescribed as follows:commencing at the northeast corner of the southeast 1/4 of section 13;thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18,township 41 north,range 8 east of the third principal meridian;thence east on the north line of said quarter 11.95 chains;thence south 48 degrees east 3.62 chains to granite Stone;thence south 47 degrees west to intersect the east line of the southeast 1/4 of said sec- - tion'13 at a point 15.42 chains south of the northeast corner thereof;thence on the same course 70 links past said I .t e;thence north 60 degrees west 21.19 chains;thence South 38 degrees west 10 chains along the west lines L.of Itague Forest units five and four for the point of beginning;thence north 57 degrees west 3.29 chains;thence sou d3 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no.4; thettteeasterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit tie.4;thence northeasterly along said westerly line 130 feet to the point of beginning,in the Township of Plato, Kane County,Illinois(property commonly known as 101 Russell Road). • • l J�, Exhibit B Tea Oa*a ._ �x.. 1 t • .._ . ....,...,......„„„.,,,, .‘ . . • - . , ,4- . - 1 AP---:. 2 1 i Aril 40e1W , . • . r ,, ,.. , ... ,.. -.••. - r i '.,.-.:c.:,..;:•,, ' ' \...,,,,,,,f i 'NI 4 -1-- , • , 17 . . . t 1441 ' ' ''' i r .7. 5, -, 1 -i . 11'1;14i...h. .......11,-.e. 1.....ao.o.sawN.....iirawors10.. • TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE OF HEARING: MAILING Exhibit B NOTICE OF HEARING CITY OF ELGIN TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on August 23, 2006, 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 101 Russell 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 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 will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.400 of the equal- ized 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$96,000.00 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 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 re- cord 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 4th Day of August,2006. Delonna Mecum CITY CLERK Exhibit A Tall Oaks Parcel One: That part of the north 1/2 of the northeast 1/4 of section 13, township 41 north, range 7 East of the third principal meridian, described as follows: beginning at the southeast corner of the north 1/2 of the northeast 1/4 of said Section 13; thence north along the section line 503 feet; thence south 89 degrees 50 minutes west, 1385.9 feet to the center line of the highway; thence southerly along said center line to the south line of the north 1/2 of said northeast 1/4; thence east along the south line to the point of beginning, in the township of Plato, Kane County, Illinois. Parcel Two: That part of the northwest fractional quarter of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the northwest corner of said section 18; thence east along the north line of said section 662.64 feet to the center of that state road; thence south 64 degrees 05 minutes east along said center line 112.86 feet to a point hereinafter referred to as point "a"; thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly, measured along said center line, from the east line of said northwest fractional quarter for the point of beginning; thence north 64 degrees 05 minutes west along said center line to said point "a"; thence south 25 degrees 55 minutes west 366.96 feet; thence north 64 degrees 05 minutes west 112.86 feet; thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 153 feet from a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Road; thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section; thence south along said west line to a point 29 chains south of the northwest corner of said section 18; thence south 48 degrees east 781.66 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning; thence north 25 degrees 13 minutes east 2219 feet to the point of beginning, in the township Of Egin, Kane county, Illinois. Parcel Three: That part of section 13, township 41 north, range 7 east and that part of section 18, township 41 north, range 8 east of the third principal meridian, described as follows: beginning at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to a granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 10 chains and 71 links to a stake 5.12 chains east of the west line of said last named quarter section; thence north 85 degrees west 17.12 chains to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 chains north of the southwest corner thereof; thence north 49 degrees 15 minutes east 43 chains along said Russell's east line to the west line of the east 1/2 of the Northeast 1/4 of said section 13; thence south 7.40 chains to the southwest corner of said east 1/2; thence east 20.5 chains to the point of beginning (except that part of the South 1/2 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the southwest corner of lot 50 of Montague Forest unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along the westerly line of said lot, 55 feet westerly to an angle in said westerly line for the point of beginning; thence north 84 degrees 02 minutes west 1083.7 feet to the center line of the Elgin-Plato road; thence southwesterly along said center line 30.62 feet to the northwest corner of Montague forest unit no. 1; thence south 84 degrees 02 minutes east along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest, unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning; and also except that part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the northwest corner of lot 3, Montague Forest, Unit No., 1, recorded as document 1054549; thence westerly along the northerly line extended of said unit no. 1, 50.23 feet to the center line of Russell Road; thence northeasterly along said center line, being a curve to the right having a radius of 3015.71 feet, 377.58 feet; thence northeasterly along said center line, tangent to the last described curve at the last described point 692.9 feet; thence continuing northeasterly along said center line, being a curve to the left having a radius of 15,775 feet, tangent to the last described course 105 feet for a point of beginning; thence continuing northeasterly along a continuation of the last described curve 190.0 feet; thence southeasterly along a line forming an angle of 77 degrees 10 minutes 00 seconds with a line drawn tangent to the last described curve at the last described point, as measured clockwise therefrom, 228.0 feet; thence southwesterly along a line forming an angle of 79 degrees 40 minutes 00 seconds with the last described course, as measured counter- clockwise therefrom, 225.0 feet; thence northwesterly along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course, as measured counter-clockwise therefrom, 233.80 feet to the point of beginning), in Plato Township, Kane county, Illinois. Parcel Four: That part of the northwest 1/4 of section 18, township 41 north, range 8 east of the third principal meridian described as follows: beginning at the southwest corner of the northwest 1/4 of said section; thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section; thence south 48 degrees east to a point on the quarter section line 47.82 rods east of the point of beginning; thence west to the point of beginning, in the township of Elgin, Kane county, Illinois. Parcel Five: The southeast 1/4 of the northeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian (except a piece in the northwest corner thereof 20 rods square), all in the township of Plato, Kane County, Illinois. Parcel Six: That part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains along the west lines of Montague Forest units five and four for the point of beginning; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no. 4; thence easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit no. 4; thence northeasterly along said westerly line 130 feet to the point of beginning, in the Township of Plato, Kane County, Illinois (property commonly known as 101 Russell Road). Exhibit B • . N Oaks 0 000 1200 Fiat TallOaks -- T. 41 N. T. 41 N. 12 7 ri„ ,400. . .„ . ,. , it, 40' Territory to co .•tp �e SSA District t o� 13 / ..4404474% :// 18 .11 ; ,, /SIM ' ler 4/IIIW ...40Ar , 1 Ammo.•••••••••••••.••••••• Illill Al 411 Ilk 24 9 D TALL OAKS SUBDIVISION SPECIAL SERVICES AREA LEGAL DESCRIPTION FOR TALL OAKS SUBDIVISION Exhibit C Tall Oaks Parcel One: That part of the north 1/2 of the northeast 1/4 of section 13, township 41 north, range 7 East of the third principal meridian, described as follows: beginning at the southeast corner of the north 1/2 of the northeast 1/4 of said Section 13; thence north along the section line 503 feet; thence south 89 degrees 50 minutes west, 1385.9 feet to the center line of the highway; thence southerly along said center line to the south line of the north 1/2 of said northeast 1/4; thence east along the south line to the point of beginning, in the township of Plato, Kane County, Illinois. Parcel Two: That part of the northwest fractional quarter of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the northwest corner of said section 18; thence east along the north line of said section 662.64 feet to the center of that state road; thence south 64 degrees 05 minutes east along said center line 112.86 feet to a point hereinafter referred to as point "a"; thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly, measured along said center line, from the east line of said northwest fractional quarter for the point of beginning; thence north 64 degrees 05 minutes west along said center line to said point "a"; thence south 25 degrees 55 minutes west 366.96 feet; thence north 64 degrees 05 minutes west 112.86 feet; thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 153 feet from a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Road; thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section; thence south along said west line to a point 29 chains south of the northwest corner of said section 18; thence south 48 degrees east 781.66 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning; thence north 25 degrees 13 minutes east 2219 feet to the point of beginning, in the township Of Egin, Kane county, Illinois. Parcel Three: That part of section 13, township 41 north, range 7 east and that part of section 18, township 41 north, range 8 east of the third principal meridian, described as follows: beginning at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to a granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 10 chains and 71 links to a stake 5.12 chains east of the west line of said last named quarter section; thence north 85 degrees west 17.12 chains to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 chains north of the southwest corner thereof; thence north 49 degrees 15 minutes east 43 chains along said Russell's east line to the west line of the east 1/2 of the Northeast 1/4 of said section 13; thence south 7.40 chains to the southwest corner of said east 1/2; thence east 20.5 chains to the point of beginning (except that part of the South 1/2 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the southwest corner of lot 50 of Montague Forest unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along the westerly line of said lot, 55 feet westerly to an angle in said westerly line for the point of beginning; thence north 84 degrees 02 minutes west 1083.7 feet to the center line of the Elgin-Plato road; thence southwesterly along said center line 30.62 feet to the northwest corner of Montague forest unit no. 1; thence south 84 degrees 02 minutes east along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest, unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning; and also except that part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the northwest corner of lot 3, Montague Forest, Unit No., 1, recorded as document 1054549; thence westerly along the northerly line extended of said unit no. 1, 50.23 feet to the center line of Russell Road; thence northeasterly along said center line, being a curve to the right having a radius of 3015.71 feet, 377.58 feet; thence northeasterly along said center line, tangent to the last described curve at the last described point 692.9 feet; thence continuing northeasterly along said center line, being a curve to the left having a radius of 15,775 feet, tangent to the last described course 105 feet for a point of beginning; thence continuing northeasterly along a continuation of the last described curve 190.0 feet; thence southeasterly along a line forming an angle of 77 degrees 10 minutes 00 seconds with a line drawn tangent to the last described curve at the last described point, as measured clockwise therefrom, 228.0 feet; thence southwesterly along a line forming an angle of 79 degrees 40 minutes 00 seconds with the last described course, as measured counter- clockwise therefrom, 225.0 feet; thence northwesterly along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course, as measured counter-clockwise therefrom, 233.80 feet to the point of beginning), in Plato Township, Kane county, Illinois. Parcel Four: That part of the northwest 1/4 of section 18, township 41 north, range 8 east of the third principal meridian described as follows: beginning at the southwest corner of the northwest 1/4 of said section; thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section; thence south 48 degrees east to a point on the quarter section line 47.82 rods east of the point of beginning; thence west to the point of beginning, in the township of Elgin, Kane county, Illinois. Parcel Five: The southeast 1/4 of the northeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian (except a piece in the northwest corner thereof 20 rods square), all in the township of Plato, Kane County, Illinois. Parcel Six: That part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains along the west lines of Montague Forest units five and four for the point of beginning; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no. 4; thence easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit no. 4; thence northeasterly along said westerly line 130 feet to the point of beginning, in the Township of Plato, Kane County, Illinois (property commonly known as 101 Russell Road). TALL OAKS SUBDIVISION SPECIAL SERVICES AREA SSA DISTRICT MAP FOR TALL OAKS SUBDIVISION Exhibit D 4 . A . Exhibit D N Tall Oaks 600 0 600 1200 Feet T. 41 N. T. 41 N. I 12 Territory of SSA District ' ' 4, LU IT r 11 i ), fr 7 , ci �/ 18 JA 'RIr� 4•Ap--A4 ?if 4' . 44P OIN , r id 1 24 7_7 1 ` C