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HomeMy WebLinkAboutOrdinances - ORD-05-1272 - 10/17/2005 - ESTABLISH SSA #4A LAKEWOOD RDC, , 01.f_) , , ORDINANCE NO. QRD-96-1272 An Ordinance Ratifying the Establishment ofSpecial Service Area No. 4A in the City of McHenry and to Levy Taxesfor the Purpose of Paying the Cost ofProviding Sanitary Sewer Service to the Residents ofLakewood Subdivision and Repealing Ordinance 03-1156 WHEREAS, the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Law'% provides the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties; and WHEREAS, the Mayor and Aldermen (the "Corporate Authoritiee� ofthe City ofMcHenry, McHenry County, Illinois, found that it was in the public interest that Special Service Area Number 4A be established and formed to provide special municipal services to real property commonly known as Lakewood Subdivision, as depicted on Exhibit A, attached hereto and made a part hereof, within the City of McHenry, and legally described as follows (the "Area): (Property Index Numbers ["PWI 09-22-451-028, -029 and -030) Yhe Westerly 294. Ofeet (measured along the northerly andsoutherly lines thereqJ) ofthatpart ofthe Southeast Quarter ofSection 22, Township 45 North, Range 8 East ofthe Third Principal Meridian, described as beginning at the Southeast corner of the private park in Lakewood Subdivision (document No. 48171) in the Southeast corner ofsaid Section 22 which is adjacent to Lot I in said Subdivision; thence North 79 degrees, 05 minutes East, 381.8feet, more or less, to a point in the Westerly right of way line of the Chicago and Northwestern Railway, which is 804.3 feet Northwesterly from the intersection of said Westerly right of way line with the South line of the Southeast Quarter ofsaid Section 22; thence Northwesterly along said Westerly right of way line, 119.8feet; thence South 79 degrees West, 392.5 feet to a point which is North 16 degrees, 05 minutes East, 119.4feelfrom the corner of beginning; thence South 16 degrees, 05 minutes West, 119.4feet to the corner of beginning, in McHenry County, Illinois. Together with: (PIN 09-22-451-044) Beginning at a point on the Southeasterly corner of the private park which adjoins Lot I of Lakewood Subdivision being a subdivision of the said Southeast % ofsaid Section 22 according to the plat thereof recorded July 1Z 1920 as Document 48171, in Book 4, cfPlats Page 17; thence Northwesterly along the Easterly line ofsaidpark to the most Northerly part ofsaidpark- thence Easterly along the South line of the premises conveyed by Kenneth C. Petersen to Brand Ice Company by Quit Claim Deed recorded in McHenry County, Illinois as Document No. 526174 a distance of 25feet to the most Easterly corner ofsaidpremises conveyed to Brand Ice Company; thence South on a straight line a distance of 119.4 feet to the Point of Beginning in McHenry Special Service Area No. 4A Ratification, Page I County, Illinois. Together with: (PIN 09-22-451-039) The private park as shown on the Plat of Lakewood Subdivision, according to the Plat thereof recordedJuly 12, 1920 as Documen f No. 48171, in Book 4 qfPlats, page 17 in the Recorder's Office of McHenry County, Illinois, and which private park lies East ofand which adjoins Lot I in said Subdivision, and which park runsfrom the water's edge qfMcCullom Lake to the North line ofsaid driveway, and which park is 30feet wide at its most Southerly point, in McHenry County, Illinois. together with: (PINS 09-22-451-026, -025, -024,-023, -022, -021, -020,-019,-018, -017, -048, -047, -003, -004, -005, -006, -007, -008, -009, -011, -012, -013, -014 and -015) Lots I through 23, inclusive, in Lakewood Subdivision, being a Subdivision ofpart ofthe Southeast Quarter ofSection 2Z Township 45 North, Range 8 East ofthe ThirdPrincipal Meridian, according to the Plat thereofrecorded July 12, 1920 as Document No. 48171, in Book 4 qfPlats, page 17, in McHenry County, Illinois. Together with: (PIN 09-22-452-034) Thatpart of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian, bounded by a line described asfollows: Commencing at the Southeast corner of the part East of and adjoining Lot 1 in Lakewood Subdivision, being a Subdivision ofpart of the Southeast Quarter ofsaid Section 22, as per the Plat thereofrecorded July 12, 1920 as Document No. 48171; thence Southerly along a line drawn at right angles to the Northerly line ofthe driveway as shown on said Plat, being also the Southerly line of Lots I through 6 and said park in said Subdivision, a distance of 20. Ofeetfor a place of beginning of the tract of land to be described thence continuing Southerly along said line drawn at right angles a distance of 195.0feet; thence Westerlyparallel with the Northerly line ofsaiddfiveway a distance qf204.44feef to an intersection with a line described as bearing South 20 degrees 31 minutes East and drawnfrom apoint on the Southerly line ofLot 4 in said Lakewood Subdivision which is equidistancefrorn the Southeasterly and Southwesterly corners ofsaidLot 4; thenceNortherly along the last describedlinea distance of 135. 00feet; thence Easterly parallel with the Northerly line of said driveway a distance of 24.12 feet; thence North 19 degrees 39 minutes West a distance qf60.00feet to theSoutherly boundary of theplatted driveway; thence Easterly along the Southerly line ofsaid driveway a distance of 180.32 feet to theplace of beginning, in McHenry County, Illinois. Together with: (southerly part of PIN 09-22-452-017) That part of the Southeast Quarter of Section 2Z Township 45 North, Range 8 East of the Third Principal Meridian, described nsfollows: Beginning at apoint which is 99.4feet Westfrom apoint which is South 0 degrees, 28 minutes West, 80feetfrom the Southeast corner ofLot 9 in Lakewood Special Service Area No. 4A Ratification, Page 2 Subdivision in Section 22 aforesaid, according to the plat thereof recorded July 12, 1920 as Document No. 48171, in Book 4 of Plats, page 17; thence South 50.Ofeet; thence South, 83 degrees, 06 minutes West 99.9 feet; thence North 0 degrees 28 minutes West, 120.52 feet, more or less, to a point on the Southerly line ofa 20foot driveway as recorded in Lakewood Subdivision; thence North 68 degrees, 26 minutes East, 4.02 feet to the angle point in said driveway; thence East on the South line of the aforementioned driveway, 96.15 feet; thence Southerly 60 feet to the place of beginning, in McHenry County, Illinois. Together with: (northerly part of PIN 09-22-452-017 and PINs 09-451-046 and -016) That part of the Southeast Quarter of Section 22, Township 45 North, Range 8, East of the Third Principal Meridian described as follows: Beginning at the Southwest corner ofLot 10 in Lakewood Subdivision according to the plat thereofrecorded July 12, 1920 as Document No. 48171, in Book 4 of Plats, Page 17 and running thence Northerly 150 feet, more or less, along the West line of said Lot 10 and the West line ofsaid Lot 10 extended, to the Shore ofMcCullom Lake; thence Westerly along the Shore ofMcCullom Lake to an intersection with an extension ofthe Easterly line ofLot I in said Lakewood Subdivision; thence Southeasterly along said last described line to the Southeasterly corner of said Lot 11, also being a point on the Northerly line of the driveway as shown on said Lakewood Subdivision; thence Easterly along the Northerly line ofsaid driveway, a distance of 50 feet, more or less, to an angle point; thence continuing along the Northerly line of said driveway, a distance of 100 feet, more or less, to the Point of Beginning, in McHenry County, Illinois. Together with: (PINs 09-22-451-037 and -038) That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner ofLot 8 of Lakewood Subdivision, being a Subdivision ofpart ofthe said Southeast Quarter, according to the plat thereof recorded July I2, 1920 as Document 48171; thence Westerly along the Westerly extension ofsaid Lot 8, a distance of 30 feet to the Southeast corner ofLot 9 in said Lakewood Subdivision; thence Northerly along the Easterly line ofsaid Lot 9 to the waters edge ofMcCullom Lake; thence Easterly along said waters edge to the Northwesterly corner of said Lot 8; thence Southerly along the Westerly line of said Lot 8, to the place of beginning, in McHenry County, Illinois. WHEREAS, the purpose of the special municipal services to the Area is to extend the City sanitary system into the Area, connect the homes to the City sanitary sewer system and pay all the required capital development and sewer connection fees which constitutes the special municipal services (collectively, the "Special Services") to be provided in Special Service Area No. 4A; and WHEREAS, the term of the proposed Special Service Area is for 20 years, with each of the 25 improved parcels of real estate in the area referenced by property identification numbers (PINs) on the Special Service Area 4A Tax Roll, attached hereto as Exhibit B, paying an annual tax of not to Special Service Area No. 4A Ratification, Page 3 exceed $723.41 to cover the cost of the Special Services; and follow: WHEREAS, the PINS located within the Area and benefiting from the Special Services 09-22-451-003 09-22-451-007 09-22-451-012 09-22-451-016 09-22-451-024 09-22451-029 09-22-452-034 09-22-451-004 09-22-451-008 09-22-451-013 09-22-451-017 09-22-451-025 09-22-451-030 09-22-451-005 09-22-451-009 09-22-451-014 09-22-451-021 09-22-451-026 09-22-451-046 09-22-451-006 09-22-451-011 09-22-451-015 09-22-451-023 09-22-451-028 09-22-452-017 WHEREAS, the Corporate Authorities found that the Area is compact and contiguous and constitutes a separate and distinct subdivision of the City; that the Area will benefit specially from the Special Services to be provided; that the Special Services are in addition to municipal services provided to the City as a whole; and it is therefore in the best interests of the City that the levy for special taxes against said Area for the Special Services be provided; and WHEREAS, a public hearing was held on the 17'h day of October, 2005, at 7:30 p.m. in the McHenry Municipal Building, 333 South Green Street, McHenry, Illinois, to consider the creation and establishment of Special Service Area No. 4A of the City; and WHEREAS, at the public hearing the Corporate Authorities considered an annual levy not to exceed $723.41 for 20 years on the 25 improved parcels of real estate in the Area referenced byPINs on Exhibit B. The taxes shall be levied beginning January 1, 2006 to finance the Special Services, shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Law; and WHEREAS, notic c f the public hearing was published at least once not less than 15 days prior to the public bean in one or more newspapers of general circulation in the City, specifically, the Northwest Heralds addition, notice by mailing was given by depositing said notice in the United States mail addressed to the 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 proposed Special Service Area No. 4A. Said notice was mailed not less than 10 days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of the Area; and WHEREAS, all persons affected by the proposed formation of the City of McHenry Special Service Area No. 4A were given an opportunity to be heard regarding the proposed formation of and the boundaries of the Special Service Area No. 4A and were given the right to object to the Special Service Area No. 4A Ratification, Page 4 formation and establishment of the proposed special service area and the levy of taxes affecting the Area within 60 days from the adjournment of said public hearing. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Incorporation of Recitals. The recitals and findings set forth above are hereby incorporated into this Ordinance by this reference as if fully set forth herein. All defined terms herein shall have the same meaning and definition as those defined terms set forth in the recitals. SECTION 2: Establishment of Special Service Area. That Special Service Areallo. 4A is hereby established consisting of the Area as legally described in the recitals of this Ordinance and depicted on Exhibit A. The term of the Special Service Area shall be 20 years, commencing January 1, 2006. SECTION 3: Levy of Taxes. The provision of the Special Services to the Area shall be financed by the levy of an annual tax not to exceed $723.41 on each of the 25 improved parcels of real estate according to the tax roll attached hereto as Exhibit B. SECTION 4: County Filines. The City Attorney is directed to file a certified copy of this Ordinance with the McHenry County Recorder of Deeds no later than 60 days after the date of its adoption and thereafter with the McHenry County Clerk. SECTION 5: Severability. 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 not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 6: Repealer. In the event that no objection is filed within 60 days from the passage of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, including but not limited to Ordinance 03-1156, an ordinance adopting a special service area in the City of McHenry, Illinois and the levy oftaxes forthe purposes of paying the cost of providing sanitary sewer service to the residents of Lakewood Subdivision. SECTION 7: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form, which is hereby authorized, as provided by law. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON. Voting Nay: NONE Special Service Area No. 4A Ratification, Page 5 Absent: NONE Abstain: NONE APPROVED: ayor Susan E. Low (SEAL) ATTEST: (i Ci, Clerk Janice O. Jones BY Ka hleen M. Kunzer, Deputy Clerk Passed: OCTOBER 17, 2005 Prepared by: David W. McArdle, City Attorney Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, U, 60014 815/459-2050 pjh. McHenry.OrdLM4ARatify.ord Special Service Area No. 4A Ratification, Page 6 Special Service Area 4A Tax Roll Description of the special services to be provided: Extension of the City of McHenry sanitary sewer system into the Lakewood Subdivision, McHenry, Illinois (identified as the "Area" in the Ordinance to which this Tax Roll is attached), to connect the homes in the Area to the sanitary sewer system and pay all the required capital development and sewer connection fees (collectively, the "Special Services'). Explanation of the method of spreading the special tax: Commencing January 1, 2006, an annual levy in the amounts referenced below on each improved parcel of real estate identified by property identification number below in the Area for 20 years to finance the Special Services. Said tax is in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Law. List of parcels of land and assessment of levy: Property Identification Number P Assessment 09-22-451-003 $723.41 09-22-451-004 $723.41 09-22-451-005 $723.41 09-22-451-006 $689.91 09-22-451-007 $689.91 09-22-451-008 $723.41 09-22-451-009 $689.91 09-22-451-011 $723.41 09-22-451-012 $689.91 09-22-451-013 $723.41 09-22-451-014 $689.91 09-22-451-015 $689.91 09-22-451-016 $689.91 09-22-451-017 $723.41 09-22-451-021 $723.41 09-22-451-024 $723.41 09-22-451-025 $689.91 09-22-451-026 $689.91 09-22-451-028 $542.85 09-22451-029 $723.41 09-22451-030 $542.85 09-22-451-046 $723.41 09-22-452-017 $723.41 09-22-452-034 $689.91 pR • aA-LlS*- -V*C1 147A-)•41 Exhibit B to Ordinance No. , Ratifying the Establishment of Special Service Area 4A � § \ro Fy§ibi* C § [ [ _ \ } $ CL | \ \ / / \ 0 R C ■ � j } ('� » - CD c \ k k 7 \ rCDr } \ \cQr ca- } ( � CA " g E 03 CD \ D ) [ CD \ ' / • k ] �»a■�; g,� �,q p;r �® a9i� »p■,:ate g City of MCHenry 333 South Green Street McHenry, Illinois 60050-5495 Mayor's Office (815) 363-2108 Fax (815) 363-2119 www.ci.rnchenry.il.us Administration (815)363-2100 CERTIFICATION Fax (815) 363-2119 Construction and 1, Marcia M. Geraghty, Executive Assistant in and for the City of McHenry, Neighborhood Services (815) 363-2170 Fax (815) 363-2173 Illinois, do hereby certify that the attached document is a true and correct copy of the Finance Department (815) 363-2100 McHenry City Ordinance No. ORD-05-1272, providing for the Establishment of Fax (815) 363-2119 Special Service Area 94A for the purpose of paying the cost of providing sanitary sewer Parks and Recreation (815) (815) 363-3186 363 Fax (81service to the residents of Lakewood Subdivision. Said ordinance was passed and 3-31 Police Non -Emergency approved at a regular City Council Meeting held on the 17A day of October, 2005 and (815) 363-2200 Fax (815) 363-2149 was signed by the Mayor on October 17, 2005. Public Works (815) 363-2186 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Fax (815) 363-2214 corporate seal of the City of McHenry, Illinois this 12tb day of December, 2012. Mayor Susan E. Low City Clerk Janice C. Jones (SEAL) I�; '1l,,_ [L�j Lill iz J Treasurer Marcia M. Geraghty, Executive Assistant Steven C. Murgatroyd City of McHenry, Illinois Aldermen WARD 1 Victor A. Stan WARD 2 Andrew A. Gtab WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon