HomeMy WebLinkAboutOrdinances - 22-69 - 11/21/2022 - SSA #3Mail to:
McHenry City Clerk
333 S Green St
McHenry, IL 60050
miohnson@cityofmchenry.or
Prepared By:
McHenry City Clerk
333 S Green St
McHenry, IL 60050
COVER SHEET
Ordinance 22-69
0 3 9 61— 1 fi
Tx-402.3650
JOSEPH J. TIRIO
CLERK AND RECORDER
MCHENRY COUNTY, IL
2022R0039223
11/22/2022 01:52:39 PM PAGES: 16
GIs FEE 24.00
RECORDING FEE 11.00
AUTOMATION FEE 8.00
An Ordinance Clarifying the Boundaries of the City of McHenry, McHenry
County, Illinois Special Service Area #3
Passed November 21, 2022
z
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
I
1
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-69
An Ordinance Clarifying the Boundaries of the City of McHenry,
McHenry County, Illinois Special Service Area #3
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County _
State of Illinois
November 21, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 22°d day of November 2022
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
ORDINANCE NO. 22-69
An Ordin�rrace Clar fying the Boundaries of
the City of. McHenry, McHenry County, Illinois
Special Service Area 93
WHEREAS,,the City of McHenry, McHenry County, Illinois (the "City"), is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution ofthe State of Illinois,
and the passage of this Ordinance constitutes an exercise of the City's home rule powers and
functions as granted in the Constitution of the State of Illinois;
WHEREAS, the City established Special, Service Area #3 for the Shamrock Faims
Subdivision in the City of McHenry ("SSA#3") pursuantto Ordinance No. ORD-03-1161 passedby
the McHenry City Council on May 12, 2003 (the "SSA Ordinance"), which SSA Ordinance was
recorded with the McHenry County Recorder on October 28, 2003 as Instrument No.
2003R0148196;
WHEREAS, Section 3 of the SSA Ordinance states SSA#3 consists of "the territory
described in Exhibit A" to the SSA Ordinance, which Exhibit A includes Exhibit A-1 (a written legal
description) _and Exhibit A-2 (a map depicting the boundary of SSA#3);
WHEREAS, a discrepancy exists between Exhibit A-1 and Exhibit A-2 to the SSA
Ordinance whereby Exhibit A-1 includes more property than depicted on Exhibit A-2;
WHEREAS, the City desires to clarify that Exhibit A-2 to the SSA Ordinance accurately
depicts the boundaries of SSA#3;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCI-IENRY, McHenry County, Illinois, as follows:
Clarification of the Boundaries of SSA#3
SECTION 1: Exhibit A-2 of the SSA Ordinance accurately depicts the boundaries of SSA#3.
SECTION 2: That any maps, j ournals and other records of the City inconsistent with Exhibit
A-2 of the SSA Ordinance be changed accordingly.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall n6t affect, impair, invalidate or -nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
SECTION S: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye: Santi, Glab, McClatchey, Harding, Strach, Devine, Miller
Voting Nay:
Absent:_--
'. Abstain:
APPROVED: -
Mayor Wayne Jett
:EST:
City Jerk Trisha Ramel
"Pasdi1-21-22
Approved: - -
r
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
CERTIFICATION
I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified
Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am
the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City
of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 215t day of November, 2022, the foregoing ordinance entitled An
Ordinance Clarifying the Boundaries of the City of McHenry, McHenry County, Illinois, Special
Service Area #3, was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. 22-69, including the Ordinance and a cover sheet
thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the 2nd day of August 2022, and will continue for at least 10 days thereafter. Copies of such
Ordinance are also available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
Given under my hand and seal this 22nd day of November, 2022.
Monte Johnso , Deputy City Clerk
City of McHenry
McHenry County, Illinois
(seal)
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
3!SCHENRY COUNTY RECORDER
PHYLLIS K. WALTERS
Cityof McHenry ao0aRIZI 1 Aq-a 19rz:o
10/26/2003 03:e0PM
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STAMP FEE
333 South Green Street
McHenry, Illinois 60050.5642 -
(815) 363-2100 FAX: (815) 363-2119
C E R T 1FI C.A,T10Na
I, Janice C_.IJones j City Clerk in and for the City of
McHenry, Illinois, and keeper of the,ofiicial records, files, and
seal thereo£,.do hereby certify that the attached document is a
true and correct copy of City -of McHenry ordinance no. Ord-03
1161, establishing Special Service Area ##3 for shamrock Farms
Subdivision in the City of McHenry. Said ordinance was passed and
approved by the McHenry Cit)t Council on May 1.2, 2003, and was
signed by the Mayor on May 12, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand qnd 4ffixed
'the corporate seal of the City of McHenry, Illinois this 28t'' day
l p 04. tS#tober, 2003.
Xani C.• ones, C ty erk
tg. oft e Cit of McH nry, 11inois
,,�;ribcument prepared by and Mail o:
Office of the City Clerk
City of McHenry
333 S Green St
McHenry, Iz 60050 �J
815-363-2100
03-09"8--3982-
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
` ORDINANCE NO, nRn_na..i i tii.
'AN ORDINANCE ESTABLISHING '
THE CITY OF NICHENRY, NICHENRY COUNTY, ILLINOiS
SPECIAL SI:RVECE AREA #3
WHEREAS, special service areas are established pursuant to Part (6) of Section,
7 of Article Vil of the 1970 Constitution of the State of Illinois, which provides: -
Counties and municipalities which are not,home rule units shall have only powers
granted to them by law and the powers ... (6) to levy or Impose additional taxes
'upon areas within their boundaries :in the manner provided by law for the
provision of special services to those areas and for the payment -of debt incurred
in order to provide those special services; and
WHEREAS, special service areas are established pursuant to the provisions of
the "Special Service Area Tax Law," 351LCS 200I27-36, as amended, and pursuant to
the Revenue Act of 1939 of the State of Illinois, as amended; and
WHEREAS, adoption of the area hereinafter described as a back up special
service area Is in the public interest (the "Area"); and
WHEREAS, the Area is compact and contiguous and Is totally withiri the
corporate limits of the City, of McHenry, McHenry County, 1111nois (the "City"); and
WHEREAS, Kimball Hill Homes, an Illinois Corporation (the "Developer") will
develop land called Shamrock Farms Subdivision, which has .been annexed`to the City,
which subdivision is located:
THE NORTH AND SOUTH SIDES OF DRAPER. ROAD; WEST OF CURRAN
ROAD, AND INCLUDING ACREAGE LOCATED ON THE EAST SIDE OF
CURRAN ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the property is legally described in .Exhibit A attached hereto and
Incorporated by reference; and T
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
i
WHEREAS, the Developer will develop single family homes, common areas;
entry treatments and signage, landscaping, fencing and other amenitles as set forth in
the Annexation Agreement and the Declaration of Covenants, Conditions, Easements
and Restrictions for Shamrock Farm Homeowners' Association,("Declaration"); and.
WHEREAS, the Declaration establishes that the Homeowners' Association
("Association") Is responsible for -the cost :and expense of maintaining the Common
Arees, entry treatments and signage, landscaping, and fencing in accordance with the.
approved Landscape Plan; and
WHEREAS, future costs of maintenarice_of the Common Areas,, entry treatments
and signage, landscaping, and fencing in accordance with the Landscaping Plan are
special services which may lawfully be paid from additional taxes upon the Area; and
WHEREAS, the City intends that'a portion of the Taxes (as hereinafter defined)
be set aside as a reserve fund as a backup method of financing for the purpose of
renewing, replacing, rehabilitating, reconfiguring, and Improving the Common Areas,
entry treatments and signage, landscaping, and fencing in accordance with the
Landscaping Plan, in the event the Association fails to maintain said areas; and
WHEREAS, the Area will benefitspecially from the municipal services to be
provided (the "Services"), and the Services are unique and in addition to municipal
services provided to .the City as a whole and it is, therefore, in the best interest of. Vie
City that the Area be adopted; and
WHEREAS, it is hereby estimated. that the cost of providing ,the Services will be,
not less than $t 5,000 per year; and
WHEREAS it is in the public interest that taxes be levied by the City at a rate or
amount sufficient to provide revenues required for the -purpose of paying the cost of
providing the Services (the "Taxes"); and
WHEREAS, an -annual tax shall be levied upon all taxable property within the
Area from time to time, as determined by the Mayor and City Council, .in an amount not
2 03--098--3984.
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
to exceed 0,085% of the value as equalized. or assessed by the Department of Revenue .
of all taxable property in the Area, In addition to all other taxes permitted by law; and
WHEREAS, an ordinance setting, the time and date -.for a public hearing
concerning the establishment of SSA #3 was adopted by the City Council, on February
2003; and.
WHEREAS, after notice duly published and mailed to taxpayers of record, the
.City Council held a public hearing,on March 3, 2003 concerning the establishment of
SSA,#3; and
WHEREAS, the certificate of publication ofthe notice and an affidavit of malling
Of the notice are attached to this ordinance as Exhibits NB" and "C"; and
WHEREAS, all interested persons were given an opportunity at the public .
hearing to speak on the question of the creation of the SSA 43 and there werd no
objections to.the establishment ofS$A#3, nor did the City receive any written objection
to the adoption of SSA #3 J
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ,ILLINOiS, AS FOLLOWS
SECTION 1: The foregoing recitals are incorporated herein by reference.
SECTION 2: After considering all the matters as presented at the public hearing,
the Mayor and City Council of the City of McHenry finds, it is in the best interest of
the public at large, the City of McHenry, and the taxpayers of record in proposed SSA #3
that this backup SSA, as previously described; be established.
SECTION 3: �A Special Service Area to be known and designated as City of
McHenry Special Service Area #3 Is hereby established and shall consist of the territory
described in Exhibit A.' i
3
03098-398.5
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
SECTION 4: The City of -McHenry' Special. Service Area #3 is established to
i
provide for a backup method of payment to provide for the maintenance of the Common
i
Areas, entry treatments and signage, landscaping, and fencing in accordance with the
Landscaping Plan in the event the, Association fails to, do so. The establishment of j
Special Service Area #3 is provided for in an Annexation Agreement adopted by the City
on .July 2, 2001. Pursuant to that Annexation Agreement, the City of McHenry Special. .
Service Area #3 is created for the purpose of creating a reserve fund as a backup
method of financing for the purpose of renewing; replacing, rehabilitating, reconfiguring,
and improving the Common Areas, entry treatments and signage, landscaping, and
• i
fencing in accordance with the Landscaping Plan. An annual tax shall be levied upon all
taxable property within the Area from time to time, as determined by the Mayor and City
Council, in an amount not to exceed 0.086% of Its value as equalized or assessed by the
Department of Revenue of all taxable property in the Areas, In addition to all other taxes
permitted by law.
I
SECTION 5: This Ordinance shall be in full force and effect as of MAY 12, 2003•
PASSED THIS 12TH DAY OF MAY
i
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE F
1
ABSENT: NONE
1
APPROVED THIS ,�,:rjj�DAY OF MAY2003 �
6D
MAYOR
ATTEST. l
CI CL K -
4
03�098�398� "
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
Exhibit A--1
Legal Descrltian of the SUBJECT PROPERTY
PARCEL 1: The Northwest Quarter of the Northwest Quarter of Section 33, Township 45 -
North, Flange 8 East of the Third Principai Meridian (excepting therefrom the North 380.0
feet of the West 573.16 feet): Also of the Northeast Quarter of the Northwest Quarter of
said Section 33, (excepting. therefrom the East30 acres thereof): Also of the Southwest
Quarter of the Northwest Quarter of said Section 33 (excepting therefrom the South 30
acres thereof): Also of the North Half of Section 32, Township 45 North, Range 8 East of
the Third Principal Meridian (excepting therefrom the North 100 acres thereof: Also
excepting therefrom that part thereof conveyed by William A. Saylor and wife, to Prank
Grasser by Warranty Deed dated March 1, 1909 and recorded In the Recorder's Office of
McHenry County, Illinois, in Book 127 of Deeds, page 452: Also of the West Half of the
Southeast Quarter of said Section 32: Also ofthe Northeast Quarter of the Southeast
Quarter of said Section 32: Also of the North 528,0 feet of the East 1650.0 feet of the
Southwest Quarter of said Section 32, all in McHenry County, Illinois.
PARCEL 11: That part of the Southeast Quarter of.Section,31 and of that part of the
southwest Quarter of Section $2, all in Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the Southeast Corner of the
Southeast Quarter of Section 31 and running thence West on the South line thereof, for a
distance of 21.12 feet to a point; thence North parallel to the East line thereof for a distance
of 531.29 feet to a point; thence East at the right angles to the last described line, at the last
described point, for a distance of 265.52 feet to a point; thence. Northwesterly on a line
formirng an angle of 94 degrees 43 minutes $0 seconds to the leftwith a prolongation of the
last described line, at the last described point, for a distance of 352.64 feet to a point in the
centerline of a public highway running in a Northeasterly and a Southwesterly direction and
commonly known as draper Road; thence Northeasterly on the centerline of said road, fora
distance of 2155.05 feet. to a point on a line drawn 528 feet South of and parallel to the
North line of the Southwest Quarter of 8ectlon 32; thence East on. said parallel line for a
distance of 660.88 feet to a point on the East line of the Southwest Quarter of Section 32;
thence South on the East line thereof, for a distance of 2107.03 feet to the Southeast
Comer thereof, thence Weston the South line of the Southwest Quarter of said Section 32,
for a distance of 2840.61 feet to the place of beginning, in McHenry County, Illinois.
PARCEL. Ill, The Northwest Quarter of Section 5 (excepting the South 65 acres of said
Northwest Quarter, also except the West 706.44 feet of the South 450.00 feet of the North
1200.0 feet of said Northwest Quarter) in Township 44 North, Rang_ e 8 East of the Third
Principal Meridianjn' McHenry County, Illinois.
i
03-098-3987
McHenry County Recorder JOSEPH J. TIRIO # 2Q22R0039223
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McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
AFFIDAVIT of COMPLIANCE
WITH PIJI)LIC NOTICE REQUIREAII NT.S
The undarsigned, being first duly sworn, on axth deposes and states that all public
notice requirements have been Met in connectlon with the Special ServICO Area for
Sharnreck Forms subdlvislon,
Ftiact by;
Saoft Vigor "
Kimball Hill Homes
5999 Now Wilke lid,. Bldg. 5
ttoltfn9 Meadows, IL 60008
For approval oh,
SPa I I ServiGs Area for Shamrock farms Subdivision
Scott Vlger
Kimball Hill Homes
5999 New Wilke Rd:, Bldg. 6
Rolling Meadows, IL 600g4
Subscribed and sworn to
before me lhis e day
83--498-3990
McHenryCounty Recorder JOSEPH J. TRIO # 2022R0039223
lu�piManhard
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SHAMROCK FARMS
®j � � Y � �r Y
�'a' �. _] `, ®{'d 5 O 6'q,' w G i� �, ��
MCHENRY, ILLINOIS
SPECIAL SERVICE AREA
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223
Rental Housing Support Program (RHSP)
State Surcharge Exemption Declaration
Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support
Program State surcharge for the recordation of any real estate -related document unless the entity
recording the document is any State agency, any unit of local government or any school district.
RBy checking this box and affixing my signature below, I hereby claim that the entity recording
this document is a State agency, a unit of local government or a school district and thus claiming
to be exempt from the Rental Housing Support Program State surcharge.
(i�A
Name of State agency, unit
ill �e� S
government or school district recording this document (Please Print)'
/ " ,Ae .4. \-7( y,
Name of person presenting this declaration (Please Print)
q•
Signature of person
tnls aeciaration
RHSP Exemption Declaration Form 20170327-1.docx
/6 /-? /;7 2
Date
McHenry County Recorder JOSEPH J. TIRIO # 2022R0039223