HomeMy WebLinkAboutOrdinances - ORD-07-1363 - 01/29/2007 - ESTABLISH SSA #9 PATRIOT ESTATESORDINANCE NO. ORD-07-1363
AN ORDINANCE ESTABLISHING
THE CITY OF MCHENRY, MCHENRY COUNTY, H.LINOIS
SPECIAL SERVICE AREA #9
WHEREAS, special service areas are established pursuant to Part (6) of Section 7 of
Article VII 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," 35ILCS 200/27-35, 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 within the corporate limits
of the City of McHenry, McHenry County, Illinois (the "City"); and
WHEREAS, Cunat, Inc., (the "Developer") will develop land called the Patriot Estates
Subdivision, which has been annexed to the City, which subdivision is located at:
THE EAST SIDE OF CRYSTAL LAKE ROAD, SOUTH OF BULL VALLEY 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
WHEREAS, the Developer will develop single-family homes, duplexes, townhomes,
common areas, entry treatments and signage, landscaping, fencing and other amenities as set forth
in the Annexation Agreement and the Declaration of Covenants, Conditions, Easements and
Restrictions for the Patriot Estates Homeowners' Association ("Declaration"); and
WHEREAS, the Declaration establishes that the Homeowners' Association
("Association") is responsible for the cost and expense of maintaining the Common Areas, entry
treatments and signage, landscaping, and fencing in accordance with the approved Landscape
Plan; and
WHEREAS, future costs of maintenance 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 benefit specially 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 the City that the Area be adopted; and
WHEREAS, the cost of providing the Services will be an amount determined by the City
Council to adequately pay for the expenses associated with the maintenance work to be done; 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, at a rate not to exceed that necessary
to adequately pay for the expenses associated with the maintenance work to be done, per 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
2
WHEREAS, an ordinance setting the time and date for a public hearing concerning the
establishment of SSA #9 was adopted by the City Council on September 11, 2006; and
WHEREAS, after notice duly published and mailed to taxpayers of record, the City
Council held a public hearing on November 20, 2006 concerning the establishment of SSA #9;
and
WHEREAS, the certificate of publication of the notice and an affidavit of mailing of the
notice are attached to this ordinance as Exhibits `B" 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 #9 and there were no objections to the
establishment of SSA #9, nor did the City receive any written objection to the adoption of SSA
3i9
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 that it is in the best interest of the public at
large, the City of McHenry, and the taxpayers of record in proposed SSA #9 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 #9 is hereby established and shall consist of the territory described in
Exhibit A.
SECTION 4: The City of McHenry Special Service Area #9 is established to provide for
a backup method of payment to provide for the maintenance of the Common 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 Special Service Area #9 is provided for
3
in an Annexation Agreement adopted by the City on March 7, 2005. Pursuant to that Annexation
Agreement, the City of McHenry Special Service Area #9 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 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 that necessary to adequately pay for the expenses associated
with the maintenance work to be done, per the 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.
SECTION 5: This Ordinance shall be in full force and effect as of March 30, 2007.
PASSED THIS 29TH DAY OF JANUARY
2007.
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
APPROVED THIS29TH DAY OF JANUARY , 2007
ATTEST:
YOR
41
4
Exhibit A — 1
Legal Description of the SUBJECT PROPERTY
PARCEL A:
THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11
MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 4, 1294.30 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05
SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF
BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A
LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 1294.74 FEET; THENCE SOUTH 89
DEGREES 00 MINUTES 54 SECONDS WEST ALONG ALINE 100.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,
752.89 FEET TO A POINT ALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL
LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG
SAID RIGHT OF WAY LINE, 1805.79 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 47
SECONDS EAST, 896.71 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 353.30 FEET, SAID
ARC HAVING A CHORD BEARING OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51
MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING,
CONTAINING 41.049 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS.
PARCEL B:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 4,100.01 FEET FOR THE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES
51 MINUTES 14 SECONDS EAST, 700:35 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN
ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 86
DEGREES 08 MINUTES 45 SECONDS EAST AND A CHORD LENGTH OF 270.15 FEET;
THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST, 207.57 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00
lof 3
Yh; b- -t- A -a-
Legal Description of the SUBJECT PROPERTY, cont.
FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF
SOUTH 72 DEGREES 50 MINUTES 27 SECONDS EAST AND A CHORD LENGTH OF 181.55
FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 190.34 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 186.30 FEET; THENCE SOUTH 01 DEGREES 50
MINUTES 18 SECONDS EAST, 66.29 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN
ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79
DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH OF 41.09 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET,
AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 84
DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST, 668.49 FEET TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTH LINE,1223.53
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST, 100.01 FEET TO
THE PLACE OF BEGINNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN
McHENRY COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS
WEST ALONG THE SOUTH LINE OF THE SOUTHEAST.QUARTER OF SAID SECTION 4,
70.77 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST, 668.49 FEET;
THENCE WESTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY
WITH A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING
A CHORD BEARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A
CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17
SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS
WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50
MINUTES 18 SECONDS WEST, 66.29 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 11
SECONDS WEST, 301.56 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 28 SECONDS
EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89
DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 494.20
FEET; THENCE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE
2of 3
C-Ykt b;+- A-3
Legal Description of the SUBJECT PROPERTY, Cont.
NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 3,1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF
THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29
DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,1337.83
FEET; THENCE SOUTHERLY ALONG THE SAID RIGHT OF WAY LINE, SAID LINE BEING
A CURVE CONCAVE EASTERLY WITH A RADIUS OF 5617.53 FEET, AN ARC LENGTH OF
180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17
MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 180.93 FEET, TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 18 MINUTES 05 SECONDS
WEST ALONG THE SAID SOUTH LINE, 306.06 FEET TO THE PLACE OF BEGINNING,
CONTAINING 27.879 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS.
3of 3
II
0
CD
Q
CD
cn
N
O
O
CA
w
CD
_
s=
Q
CD
3
w
_
Q
w
C�
w
r
N
CD
_
O
CD
)(hI bI't b
O
CD
CD
Q
cn
C
nc
co
i
F
ID
_
CD
v
iv
CD
w
Cn
0-
CD
_
CD
Q
cy
CD
CD
3
_
Q
0
_
Q
0
_
Cn
^O
l
^=r
W
CD
O
O
A�
O
CU
i
CD
0
CD
m
S
CD
Q
w
CD
Cn
O
CA
_
Q
Al
Cn
CD
0`
_
ch
c
a
CD
0
CD
Iz
S
w
CD
W
0.
_
CD
N
CD
'l
N
C
a'
CD
Q
N
Q
_
VD
0
O
CD
`t
Q
CD
Q
3
�
(n
v,
CD
C/)
m
n
O
N
CD
CD
Z
Z
CD
.+
o
CD
3
or
CD
<
CD
Q
m
m
cr
CD
m
<
—3
n
m
co
_u,
0
C�
rn
u,
o
CD
rn
cm
i
m
D
D
>
o
m
3
SD
Q
(0
CD
l<
0
i11
_
Q
G7
_
CD
m
co
c
w
c
0-
CD
Q
_
CD
g
Q^
l /
y
N
r
W
X,
CD
N
Q
w
Cn
CD
n
C_
CD
cn
iD
_
cn
O
CD
0
cC
CD
_
CD
a�
0
S.
Q:
0
_
CD
0
O
C
_
Cn
O
n
2
CD
_
�� �y�o .7o7dymo?m'Z�w cx 3p�yW;:&ClW sj4�y'�cyyyc���cn(S(pp�Oo�o�ryyA`°��'�cS
ND N OOfn �O)yN70�O� N�� »(�701V �N�7�p]�N� tO_-- cD ,L"OLn �-�, 5' OyAQ000 �Oy=Fy
CD@ g' �m7pfD���.nC7YyNHF°om3opmp�aoyna� ofQggymao�ioOrnowy`°cAex�am�mmwomam 3�7�m��
Ny f0 �Sp y(O N<0`G JN�N(n777n wN... y _• N 7Z° '� 7CnO �f0 S3 mN N'70-y pm y�^O7 CD
ON v °'y ��'D7 °fRm�m33`�oCNAOy CnOyO(CD Op SOD(T=O W(o MM� CD CD 0�Cn g�yd°-��N7 NyD)��N
S W -wg O.F y a(n S dfO_ 7 .�U) yAC 0aor-M y0 w`G 7 NO Qt`G ^!JN 70 ° O ew 5m m 0 W 0
° m_ric�yoa �o�������m0 4�`� A° o�oF° ocVnai.s° mmno�� ya�W'"- UD0)6'iCL
CO-C, m
Np� N y =r mO Wy .tpp NWCLO IpZ NC3 �O. �w9 y ,OW... fn° y Cn-^ O
S ° Som �5 ��-� 3�7 �o y°m ° atp v am��m°D�vD ='O�cCDomo2r=O0Z-mmo Or,
�� y ��ym�3m�Fm�yaowID .:,cD5A�N�j�oamCM---- CDwC`°FF.N�7NZ-0Sa_=0=T C05yq
n 0 ==Maou-(p-lT, IOD0F : n_���afJ�g� mm°'o��my°'m�n0^�.°w �7j°d_�p°fD O'a'aommci-4
N O (p 7 I 7t°m 760 °`yG �W y , N 7 y NOyQCtyii NO_y aCa fy/I AC." �'w ZOfJ �m?0 oin-y+m 8I;R
o �`°30����dm°7�-�' m�oo��oa w m�yp A y 3m�Qoo7woyNS°o y �*.3.ao"oD
0- CD CD099C (AOfypyny y7CDNSyC777�ZyDI�CD ��Of'1+`<Sjt�C��.G'm7t0fOS�NdA�Sm�Q-~fOGy?ja7Cn _
O. fn 7Qjy a3W Vy CD OCO
(77(n=5 m ozw N==-0 CNC G DO (DC1C G 0O y fn Cnm a; --DCD A0 CD(0� 0 yQO�y j,10.
�WF W]'��Ny N O -W(o �QC CD�y I") LR (o 3CDW(o8� N(ApC AON M- N�p NO�n�p(n�O
y Ut 00 C) C S Cp_O- y y A ytO ~a n'N 4�D�m (D SNm(7n
CD �"� ^��CDSUT 7mC)y mom -M omCm y- W m°'�co _3 �m n(n `Dy om 30m �D'
��o_ f7���qm,� 'y g.mOa fOO,cg O $ �Cn�ma(n-A�mm�-7
m t.. °w�"3 S. cio wrEDD OR mNy-�Nt) 'v2 �O�ppF� IV
c � `spa
N y_.. 4 W (,J N,Q, a5,O S y (Dy_ (D 0cD RL,m n[�7(D A1°7N N ?D�� y �NA��?T" CD
O
CD
a
Iz
A)
a�
3
CD
c
cr
CD
0
CD
Z
O
C�
CD
0
CD
SD
Q
C_
O
3
_
c
_
cQ
Q
O
CD
CD
cr
l<
m Zy CIF cnN
y 3 1 Z O-z
00"-NO
�.oCDXE:Qmm n Z
Q�m=-CD- sx o
3 0.ErKm C0 � mm-m
>nm =, CD m SOOO
Q�»�`� 7 xj C)O-"'a
oozy?fin- me
D c Z �a-o°OOw m-m
_to
w M ZriD
° -nC> QCD CZ m
� cf) 0 ; � O
m2m'���Z mm G)
3.yo0dw3D" u�"
`2 W CD
i
C
w
r_
n
Z
O
m
Exhibit C
Affidavit of Mailing
The undersigned, being first duly sworn, on oath deposes and states that Notice of
Public Hearing for Special Service Area #9 in the City of McHenry was served by
depositing in the United States Mail the Notice addressed to the persons identified in
Exhibit 1 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 Area. The Notice was mailed not less
than ten days prior to the time set for the Hearing.
Signed: `V
rint Name: S G Z2 c
Filed by:
Cunat Inc
5400 West Elm Street
McHenry IL 60050
Subscribed and Sworn to before me this
) tN day of M ardG
200#_.
ary Public
---------------
OFFICIAL SEAL
(seal) LOREEN A. O'BRIEN
NOTARY FUULIC STATE OF ILLINOIS
MY COMMISSION EXPIRES 6.29.2009
Exhibit 1
Mailing Service List:
(List all parties to which notification was mailed here)
Heritage Pointe Estates, LLC
5400 W. Elm Street, Suite 110
McHenry, IL 60050
NOTICE OF PUBLIC HEARING
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER 9
NOTICE IS HEREBY GIVEN that on November 20, 2006 at 7:30 o'clock P.M. at the City
Hall, 333 S. Green Street, McHenry, Illinois 60050, a hearing will be held by the Mayor and City
Council of the City of McHenry, McHenry County, Illinois, to consider the establishment of Special
Service Area Number 9 of said City consisting of the territory legally described in Exhibit A.
The Area is the above -described real estate, which is generally located:
THE EAST SIDE OF CRYSTAL LAKE ROAD AND IMMEDIATELY SOUTH OF THE
CHURCH OF THE HOLY APOSTLES IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
An accurate map of said territory is on file in the office of the City Clerk of said City and is
available for public inspection.
The purpose of the establishment of said Special Service Area Number 9 is to provide a
backup method of financing special services to said Special Service Area, including all costs of
operation, upkeep, maintenance, repair, replacement, alteration, safekeeping and improvement of
the Community Areas, and the Landscaping in accordance with the Landscape Plan the event the
Association fails to maintain said areas. All of said services to be in and for said Backup Special
Service Area.
At the hearing, there will be considered the Levy from time to time, as determined by the
Mayor and City Council, of an annual tax for providing such special services in Special Service
Area Number 9, in an amount to be determined.
All interested persons affected by the establishment of said Special Service Area Number
9 and the levy of said tax, including all owners of real estate located within said Special Service
Area, will be given an opportunity to be heard at said hearing regarding the establishment of said
backup Special Service Area and the levy of said tax and an opportunity to file objections to the
establishment of said Backup Special Service Area and the levy of said tax and the amount
thereof.
At said public hearing, any interested persons affected by said proposed Backup Special
Service Area may file with the City Clerk of said City written objections to and may be heard orally
in respect to any issues embodied in this notice. The Mayor and City Council of said City shall
hear and determine all protests and objections at said hearing, and said hearing may be
adjourned to another date without further notice other than a motion to be entered upon the
minutes fixing the time and place of its adjournment.
If a petition signed by at least 51 % of the electors residing within said Backup Special
Service Area and by at least 51 % of the owners of record of the land included within the
boundaries of said Backup Special Service Area is filed with the City Clerk of said City within 60
days following the final adjournment of said public hearing objecting to the creation of said
Backup Special Service Area, the levy or imposition of a tax for the provision of special services
to said Backup Special Service Area, or to a proposed increase in the tax rate, no such Backup
Special Service Area may be created, or tax may be levied or imposed nor rate increased.
By order of the Mayor and City Council of the City of McHenry, McHenry County, Illinois.
Dated this day of 2006.
/s/
City Clerk, City of McHenry
McHenry County, Illinois
Legal Description of Property
EXHIBIT "A"
THAT PART OF THE SOUTH HALF OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89
DEGREES 11 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30 FEET; THENCE
NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 4, 100.01 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES
36 SECONDS WEST ALONG A LINE 100.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 4, 1294.74 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 54
SECONDS WEST ALONG A LINE 100.00 FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,
804.15 FEET TO A POINT ALONG THE CENTERLINE OF CRYSTAL LAKE
ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 49 SECONDS EAST
ALONG SAID CENTERLINE, 1896.85 FEET; THENCE SOUTH 51 DEGREES
54 MINUTES 05 SECONDS EAST, 986.19 FEET;THENCE SOUTH 06
DEGREES 53 MINUTES 38 SECONDS EAST, 49.49 FEET; THENCE SOUTH
51 DEGREES, 54 MINUTES 05 SECONDS EAST 986.19 FEET; THENCE
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF
550.00 FEET, AN ARC LENGTH OF 458.34 FEET, SAID ARC HAVING A
CHORD BEARING OF SOUTH 75 DEGREES 46 MINUTES 29 SECONDS
EAST AND A CHORD LENGTH OF 445.19 FEET; THENCE NORTH 80
DEGREES 21 MIINUTES 06 SECONDS EAST 317.18 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A
RADIUS OF 793.80 FEET, AN ARC LENGTH OF 253.50 FEET, SAID ARC
HAVING A CHORD BEARING OF NORTH 89 DEGREES 30 MINUTES 01
SECONDS EAST AND A CHORD LENGTH OF 252.42 FEET; THENCE NORTH
17 DEGREES 12 MINUTES 51 SECONDS WEST, 273.32 FEET; THENCE
NORTH 00 DEGREES 02 MINUTES 28 SECONDS EAST, 249.32 FEET TO A
POINT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89
DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 4,494.20 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 40
SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, 1034.92
FEET TO A POINTALONG THE WESTERLY RIGHT OF WAY LINE OF THE
CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTH
29 DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF
WAY LINE, 1337.76 FEET; THENCE SOUTHERLY ALONG THE SAID RIGHT
OF WAY LINE, SAID LINE BEING A CURVE CONCAVE EASTERLY WITH A
RADIUS OF 5617.53 FEET, AN ARC LENGTH OF 180.94 FEET, SAID ARC
HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17 MINUTES 00
SECONDS WEST AND A CHORD LENGTH OF 180.93 FEET, TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 89
DEGREES 18 MINUTES 05 SECONDS WEST ALONG THE SAID SOUTH
LINE, 306.06 FEET TO THE PLACE OF BEGINNING, ALL IN MCHENRY
COUNTY, ILLINOIS.
CONTAINING 91.731 ACRES MORE OR LESS.