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S-1242 - 09/09/2008 - SPECIAL SERVICE AREA - Ordinances Supporting Documents• AGENDA ITEM Regular Board of Trustees Meeting of September 9, 2008 IT13M 9,11. 1) I II .'ll SUBJECT: I -88 /Tuscan Woods Noise Wall Ordinance Establishing Special Service Area Number 2 FROM: Dale L. Durfey, Jr., P.E., Village Engineer BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion for Passage of Ordinance S -1242, An Ordinance Establishing Special Service Area Number 2 in the Village of Oak Brook, Illinois. Background/History: On January 8, 2008, the Village Board conducted a Public Hearing on the proposed creation of Special Service Area Number 2 and levy of special taxes therefore for Tuscan Woods and Yorkshire Woods in the Village of Oak Brook. I am attaching David Niemeyer's memo of 1/8/08 for reference. The Intergovernmental Agreement between the Village and the Tollway should be approved by the Tollway Board on Monday, September 8, 2008. The Agreement between the Village and the developer of the Tuscan Woods Subdivision has been finalized. Both agreements are on this September 9th Village Board agenda for action. The noise wall length has been shortened due to one parcel (lot 7) not granting the necessary easement. The noise wall now just includes lots 1 -6 in the Tuscan Woods Subdivision and the Special Service Area has decreased accordingly. Village Attorney Sterk has drafted the attached Ordinance. Recommendation: That the Village Board approve the Ordinance. I -88 tuscan woods noise wall SSA ord pbt doc Jy. 1} 7AW�,��r'_ I MAW ' AGENDA ITEM Regular Board of Trustees Meeting of January 8, 2008 SUBJECT: Tuscan Woods Sound Wall FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: N/A y f Background/History: Attached is a Notice for the hearing on the proposed Tuscan Woods Special Service Area (SSA). As you may remember, the purpose of this SSA is to help fund the future maintenance and/or removal of a noise wall to be placed near the Tuscan Woods subdivision and I -88. This SSA is being requested by the Tuscan Woods developer who is sharing the cost of the soundwall with the Tollway. The Village has already had an informal meeting with some of the residents about this proposed SSA. As was discussed at this meeting, the Village can levy a property tax of up to 20 cents per annum of assessed value if the Special Service Area is approved. However, this SSA is considered a "dormant SSA ". That is, the Village does not intend to levy this amount until future maintenance or removal of the wall is desired. The noise wall is expected to last 20 to 30 years. In order to trigger this levy, the Village would need to adopt a tax levy ordinance setting this rate. At this hearing, all property owners have a right to be heard and submit written objections. Opponents of the Special Service Area may veto it by filing a petition signed by 51 of the electors and by 51 percent of the property owners of record on the area within 60 days following the final adjournment of the hearing. If the Special Service Area is not defeated by petition, the Village must then adopt the ordinance actually establishing the Special Service Area. The Village is also in the process of finalizing agreements with the Tollway and the developer in regards to the soundwall. The Tollway will only enter into an agreement with the Village and is yyM Last saved by Default J \Agenda Items \Tuscan Woods SSA - 1 -8 -08 doc T .. ,- J 1 /A l^ r%r%O '1 All n114 making the Village responsible for designing, constructing and maintaining the noise wall. The agreement with the developer will transfer all of the Village's responsibilities in the agreement with the Tollway to the developer. Recommendation: Last saved by Default J \Agenda Items \Tuscan Woods SSA - 1 -8 -08 doc ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees pursuant to Ordinance No. 2007 - FIN- SSA -S -1213 at a public hearing held on January 8, 2008, and WHEREAS, said public hearing was held by the President and Board of Trustees pursuant to a notice duly published on December 21, 2007, in the Daily Herald, a newspaper of general circulation in the Village of Oak Brook ( "Village "), at least fifteen (15) days prior to the hearing and pursuant to notice by mail 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 Said notice, a copy of which is attached as Exhibit A, was given by depositing said notice in the United States mail not less than ten (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 said property The notices conformed in all respects to the requirements of the Special Service Area Tax Law; and WHEREAS, at the public hearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area for the purpose of providing for the maintenance and repair of a Noise Barrier (the "Project ") and on the question of an annual tax for the special municipal services, as set forth in the notice All questions that were raised by the public at the hearing regarding the formation of the special service area, the special municipal services, the Project and the annual tax were answered and no one requested that the President and Board of Trustees not proceed immediately, and WHEREAS, it is in the public interest and in the interest of the property described in Section 2 that the special service area, as hereinafter described, be established; and WHEREAS, said area is compact, contiguous and located in the Village, and WHEREAS, it is in the best interests of the special service area that the furnishing of the special municipal services proposed and the Project be considered for the common interests therein, and WHEREAS, the proposed municipal services are unique and in addition to the municipal services generally provided to the Village as a whole, and WHEREAS, no petition signed by at least 51% of the electors residing within the special service area and by at least 51 % of the owners of record of the land included within the boundaries of the special service area was filed with the Village Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows, Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Village of Oak Brook Special Service Area No 2 Established Pursuant to the provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 2 of 7 Special Service Area Tax Law, 35 ILCS 200/27 -5, et seq , a special service area to be known and designated as "Village of Oak Brook Special Service Area No 2" is hereby established and shall consist of the territory described on Exhibit B and depicted on Exhibit C Section 3 Purpose of Area: Village of Oak Brook Special Service Area No 2 is established to provide special municipal services consisting of the Project Annual taxes at a rate not to exceed 0 20 percent per annum may be levied against the assessed value of the taxable property in the Village Of Oak Brook Special Service Area No. 2 in order to pay for the cost of the Project Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Section 5 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law Ayes Nays Absent- APPROVED THIS 9th day of September, 2008 John W Craig Village President PASSED THIS 9th day of September, 2008 ATTEST Charlotte K Pruss Village Clerk 0 F Oq�\ � 1 0 0 A o _ H G � A � 9CF -� �OUNTV Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 6052' )-4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 S-- 2-y0"U October 17, 2008 Inland Real Estate Development LLC Attention: Tuscan Woods LLC 2901 Butterfield Road Oak Brook, IL 60523 Re: Recorded Document on September 30, 2008: ORDINANCE 2008 - SSA - EX3- S- 1242/R2008- 146945 14, 16, 18, 20, 19 AND 17 Tuscan Court Oak Brook, IL 60523 Dear Sirs: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, 9 L-'Z. 04� Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files /RECDOC /2008 - RECLTR -ORD 2008 - SSA - EX3 -S- 1242- rNLAND REAL ESTATE DEV LLC - TUSCAN WOODS LLC - 14,16,18,20,19 &17 TUSCAN CT FRED BUCHOLZ DUPAGE COUNTY RECORDER SEP.30,2008 3:40 PM OTHER 06 -24- 105 -017 009 PAGES R2008- 146945 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address /es 14, 16, 18, 20,19 AND 17 TUSCAN COURT (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin /s Number_ 06 -24- 105 -017, 06 -24- 105 -018, 06 -24- 105 -019, 06 -24- 105 -020, 06 -24- 105 -021 AND 06 -24- 105 -022 Name & Address of Applicant- VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD, OAK BROOK, IL 60523 Name & Address of Responsible INLAND REAL ESTATE DEVELOPMENT LLC- TUSCAN WOODS LLC Party to Receive Copy of 2901 BUTTERFIELD ROAD Recorded Document and Billing- OAK BROOK, IL 60523 G/L Account # to be Charged 10 -1365 Prepared By Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged- N/A Return To Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees pursuant to Ordinance No 2007 - FIN- SSA -S -1213 at a public hearing held on January 8, 2008, and WHEREAS, said public hearing was held by the President and Board of Trustees pursuant to a notice duly published on December 21, 2007, in the Daily Herald, a newspaper of general circulation in the Village of Oak Brook ( "Village "), at least fifteen (15) days prior to the hearing and pursuant to notice by mail 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. Said notice, a copy of which is attached as Exhibit A, was given by depositing said notice in the United States mail not less than ten (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 said property. The notices conformed in all respects to the requirements of the Special Service Area Tax Law; and WHEREAS, at the public hearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area for the purpose of providing for the maintenance and repair of a Noise Barrier (the "Project ") and on the question of an annual tax for the special municipal services, as set forth in the notice All questions that were raised by the public at the hearing regarding the formation of the special service area, the special municipal services, the Project and the annual tax were answered and no one requested that the President and Board of Trustees not proceed immediately; and WHEREAS, it is in the public interest and in the interest of the property described in Section 2 that the special service area, as hereinafter described, be established, and WHEREAS, said area is compact, contiguous and located in the Village, and WHEREAS, it is in the best interests of the special service area that the furnishing of the special municipal services proposed and the Project be considered for the common interests therein, and WHEREAS, the proposed municipal services are unique and in addition to the municipal services generally provided to the Village as a whole, and WHEREAS, no petition signed by at least 51% of the electors residing within the special service area and by at least 51 % of the owners of record of the land included within the boundaries of the special service area was filed with the Village Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Village of Oak Brook Special Service Area No 2 Established Pursuant to the provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 2 of 7 Special Service Area Tax Law, 35 ILCS 200/27 -5, et seq., a special service area to be known and designated as "Village of Oak Brook Special Service Area No 2" is hereby established and shall consist of the territory described on Exhibit B and depicted on Exhibit C Section 3- Purpose of Area. Village of Oak Brook Special Service Area No 2 is established to provide special municipal services consisting of the Project. Annual taxes at a rate not to exceed 0 20 percent per annum may be levied against the assessed value of the taxable property in the Village Of Oak Brook Special Service Area No. 2 in order to pay for the cost of the Project Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 9th day of September, 1 /' a1' W Craig age President PASSED THIS 9th day of September, 2008 Ayes- Trustees Carson, Kennedy, Manofsky, Saived, Sanford and Wolin Nays None Absent None F. b j•'1rf�'{ r p�♦ ATTEST Charlotte K Pruss Village Clerk Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 3 of 7 EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION OF SPECIAL SERVICE AREA NUMBER 2 AND LEVY OF SPECIAL TAXES THEREFORE FOR TUSCAN WOODS AND YORKSHIRE WOODS IN THE VILLAGE OF OAK BROOK PUBLIC NOTICE IS HEREBY GIVEN that on January 8, 2008 at 7 00 p.m. a public hearing will be held by the President and Board of Trustees of the Village of Oak Brook, at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois 60523 to consider forming a Special Service Area consisting of the following legally described territory: LOTS 1, 2, 3, 4, 5, 6, AND 7 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS PINS- 06 -24 -105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24- 105 -020 06 -24- 105 -021 06 -24- 105 -022 06 -24- 105 -023 LOTS 1, 2, 3 AND 5 IN YORKSHIRE WOODS, BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED ON DECEMBER 11, 1947 AS DOCUMENT NO 535991, IN DUPAGE COUNTY, ILLINOIS. PINS 06 -24- 302 -002 06 -24- 302 -003 06 -24- 106 -002 06 -24- 105 -003 LOT 7 AND 8 (EXCEPT THAT PART OF LOT 8 LYING NORTHWEST OF A STRAIGHT LINE WHICH INTERSECTS THE NORTH LINE OF SAID LOT 8, 60 0 FEET EAST OF THE NORTHWEST CORNER THEREOF, MEASURED ALONG SAID NORTHERLY LOT LINE, AND INTERSECTS THE WEST LINE OF SAID LOT 8, 251 8 FEET SOUTH OF THE NORTHWEST CORNER THEREOF), ALL IN YORKSHIRE WOODS, A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED AS DOCUMENT 535991, IN DUPAGE COUNTY, ILLINOIS PIN 06 -24 -106 -001 Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 4 of 7 The area consists of approximately 8 acres, more or less, and is bounded by the West bound lanes of 1 -88 on the South, Harger Road on the North, the on -ramp for the 1 -88 West bound lanes on the East and approximately 316 feet West of Yorkshire Woods on the West All persons affected by the proposed formation of the Village of Oak Brook Special Service Area No 2 will be given an opportunity to be heard at the public hearing regarding the formation of and the boundaries of the proposed Special Service Area and may object to the formation of the Special Service Area and the levy of special taxes against the Special Service Area, including owners of the Special Service Area and electors residing within the Special Service Area The purpose of the formation of the proposed Village of Oak Brook Special Service Area No. 2 in general is to provide special municipal services to the Special Service Area, specifically the maintenance and repair of a Noise Barrier However, under no circumstances shall the provision of such Special Services by the Village, its agents, employees, consultants or contractors, in the Village's sole discretion without the obligation to do so, constitute an acceptance of or assumption of responsibility for any personal property or real property within the Area by the Village A special service area tax will be considered at the public hearing, to be levied annually when required to provide for the maintenance and repair of the Noise Barrier and not exceed a rate of 0 20 per cent per annum of assessed value, as equalized, to be levied against the real, taxable property included within the proposed Special Service Area. At the public hearing, all interested persons affected by the formation of the proposed Special Service Area, including all persons owning taxable real estate therein and electors, will be given an opportunity to be heard The public hearing may be adjourned without further notice to another date. If a petition signed by at least fifty -one percent (51 %) of the electors residing within the Special Service Area and by at least fifty -one percent (51 %) of the owners of record of the land included within the Special Service Area is filed with the Village of Oak Brook's Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the creatiorr of the Special Service Area, or the levy or imposition of a tax, no such Special Service Area may be created or tax levied or imposed Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 5 of 7 EXHIBIT B LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5 AND 6 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS PINS. 06 -24- 105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24- 105 -020 06 -24- 105 -021 06 -24- 105 -022 • umAmw now A r /llwel f1/ Jwll N M-FlUET 4jVII RfSTAT D P.IAT o Z4-105-007 ` A:Ja:+v At/.u•avnr 0 & -z4- 105.005 O� ANee�O ♦ia+e.t7a wet M1►ralr W..• �rrl.t.r1 r.r.rW %NOW ly V-4eydRt CW r o-A TIIS'G'�4N MOODS SUBDIVISION �� ; � �:Mt. SWACU PORd/MV /YNOlf'N AS ~`TM"o•` ""'"`°'r' kt•MOTOt YORK 111)?f CISAr OP OAX BROOK Y'""` wt °""`" " " "'` a" ` Iiuw aMet DUNK Ilr►D Arrllol taro AWMW M av •1r /omT MW aw• Ma O"A XL W f3J ISI.o dwMeo% aMp aK %hark liL W43 Mee �mraiyor allvlwr K lorita� ar ,Dent au4w wr jar raw mr w aorx a m," amrr r+rra NEW ! w. #'s Sic Asscr+TVW �wel -LD-�� Owa4-165 -009 - Tlill4 -a ti (a SPECIAL SERVICE AREA OZ PLAT 82003- 340360 / AUC • 28. 2+x03 1 135 AM cwfir W= of _ f to e . � 1 lO 1• `7 \ MI Weld �fO !r. .rrs u.e, t.rWat ''� 1L• �ll Deft+ ra 1rf1 A r .ti n r.{, uw nr.oa I i ..� _ 00 LA -W awn" jw r e.e.f rpm r 4 �_.•+a rut, t.r true• w. w��+',a w— .7 r [a Now" armtWgomr aoaONa him sm MML ►w a.-as r u as tae 6 to a eewr as tra mn fk rda/ A4 eo om ua N wWw ■ orm La r Y rr4 melm Y mss. ■ r.ft rrt R Wa l K w e.oa 1 j -,dmw" Mar r ` r tar nrr Weal Lot S raotr�.FM truao..omr ' 0� -54 -1 QJ -GZ' Or 5, CamoduLm Cr= Ma Alma f p 1 \ \ w nt M MOM— JDrD ! r m.ee.n% ��` aa+. �..•w ' y t i` r r `�Ofa vc v t+t asral tp r eraei l�l► -u EXHIBIT C, Qw SHEET 1 of 2 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 7of7 I, Charlotte K Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois, and that as such Clerk, I do have charge of and custody of the books and records of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of Ordinance 2008 - SSA -EX3 -S -1242, "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and Board of Trustees of the Village of Oak Brook, Illinois on September 9, 2008 IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Oak Brook, DuPage and Cook Counties, Illinois this 9th day of September, 2008 �� •' tea $ �' :ir �- 3p 7; Charlotte K. Pruss s �I Village Clerk Village of Oak Brook, Illinois C®UN -T ,eo. STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on September 9, 2008 , the corporate authorities of the above municipality passed and approved ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 30th day of September, 2008 Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties Illinois ��ldfldTY ,e Page 1 of 2 Rose Kane From: David Niemeyer Sent: Tuesday, September 16, 2008 5:50 PM To: Rose Kane Subject: FW: IGA between the ISTHA and the Village of Oak Brook Do you do this or if not who does? - - - -- Original Message---- - From: Mark H. Sterk Sent: Friday, September 12, 2008 4:09 PM To: David Niemeyer Subject: RE: IGA between the ISTHA and the Village of Oak Brook Dave, Please remember that the SSA ordinanc m - - - -- Original Message---- - From: David Niemeyer [mailto:DNiemeyer @oak- brook.org] Sent: Monday, September 08, 2008 6:14 PM To: John W. Craig; Trustees Cc: Mark Sterk Subject: FW: IGA between the ISTHA and the Village of Oak Brook fyi - - - -- Original Message---- - From: Casaccio, Tony [ mailto :casaccio @inlandgroup.com] Sent: Monday, September 08, 2008 2:45 PM To: David Niemeyer; Dale Durfey Cc: rzucchero @getipass.com; cmcatee @getipass.com Subject: IGA between the ISTHA and the Village of Oak Brook Gentlemen I just got a call from Caahlen McAtee at the ISTHA informing me that the IGA referenced above has been passed by the Board at the ISTHA. I would like to thank everyone for their cooperation and efforts in bringing this matter to a successful completion. Thank you, Best regards, Anthony A. Casaccio President Inland Real Estate Development, LLC 9/17/2008 2901 Butterfield Road Oak Brook, Illinois 60523 Ph: 630.218.8000 Casaccio(aD_inlandgroup.com The Inland logo is a trademark being used under license. 9/17/2008 Page 2 of 2 Message Linda Andrys From: Linda Andrys Sent: Friday, October 17, 2008 2:26 PM To: Rose Kane Subject: Filing with the DuPage County Clerk's O ice /S- 1242/SSA Page 1 of 1 Hi Rose, Did you ever send a certified copy of our S -1242 that was recorded on 9 -30 -08 as R2008- 146945 to the DuPage County Clerk's Office to the attention of Dave McKenzie via Certified Mail /Return Receipt Requested? This filing has to be done for tax purposes within a time frame after passage of ordinance. You had said that you did have Dave's address from the last letter that had to be sent to him at DuPage County Clerk's Office -Plat Dept. Can you send me a copy of this letter so I can close my file? Thanks! LA Linda Andrys Records Management Clerk/Freedom of Information Officer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 (630) 368 -5056/ Fax: (630) 368 -5042 Email: landrys @oak -brook org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message m error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village." 10/17/2008 Message Linda Andrys From: Rose Kane Sent: Monday, October 20, 2008 8:35 PM To: Linda Andrys Page 1 of 1 Linda, it's on Charlotte's desk for signature & will go out tomorrow. Thanks for reminding me -- I certainly can't keep all the balls in the air w/o all the help from you & Rachel, so I do appreciate the nudges. Rose - - - -- Original Message---- - From: Linda Andrys Sent: Friday, October 17, 2008 2:26 PM To: Rose Kane Subject: Filing with the DuPage County Clerk's Office /S- 1242/SSA Hi Rose, Did you ever send a certified copy of our S -1242 that was recorded on 9 -30 -08 as R2008- 146945 to the DuPage County Clerk's Office to the attention of Dave McKenzie via Certified Mail /Return Receipt Requested? This filing has to be done for tax purposes within a time frame after passage of ordinance. You had said that you did have Dave's address from the last letter that had to be sent to him at DuPage County Clerk's Office -Plat Dept. Can you send me a copy of this letter so I can close my file? Thanks! LA Linda Andrys Records Management Clerk/Freedom of Information Officer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 (630) 368 -5056/ Fax: (630) 368 -5042 Email: landrys @oak - brook.org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village. " 10/21/2008 t z f`- a �. fU ro m Q [T' m® Q- a o L Cl Cl �- O LO O F- L Ln ® ni Ln O N ® O i w Cc trj :gin `o ;U i F 5 z6ti2 ( l \ ro m Q a o L LO L n1 N O N -0 LO O 0. •O E M L � 0 m C 0 LL O N U T c� c c cn D p Q O N � oU� 0 QU L - N m >In 0 0) o O Z Co fa m m cm cc tL LL m LL �_ m 0 U i • r m¢ � • 0 -a U (rC rE �E mE a) � t ° a o `tm cr o C yo CD Fp :'j) C ,m � w Cc trj :gin `o ;U i z6ti2 6Lkh TOOO Oz52 soot Q o L LO L n1 N O N -0 LO O 0. •O E M L � 0 m C 0 LL O N U T c� c c cn D p Q O N � oU� 0 QU L - N m 0 0) o O Z Co Y a c co L m 5 p O • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits 1 Article Addressed to C-0 ,t I jJ Lf �}j Tlclltu A. Signature ❑ Agent X ❑ Addressee B Received by ( Printed Name) C. Date of Delivery D is delivery address different from item 19 ❑ Yes if YES, enter delivery address below ❑ No 3 Service Type Certified Mail ❑ Express Mail ❑ Registered -1b1, Return Receipt for Merchandise ❑ Insured Mail ❑ C O D 4 Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number 7005 2570 0001 4999 2497 (Transfer from service label) - -- PS Form 3811, February 2004 Domestic Return Receipt 102595-02- nn_1540 • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1 Article Addressed to V C- L..o fjr/ )1 A. Sig? 40%4 HA O Agent X ❑ Addressee B YWO R 11 bDate of Delivery b,73pj � )C4 --7 ? -G� D Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below- ❑ No 3. Service Type '4 Certified Mail ❑ Express Mail ❑ Registered Ila Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7005 2570 0001 4999 2497 (Transfer from service label) PS Form 3811 , February 2004 Domestic Return Receipt —__T _ _ 102595 -02 -M-1540 F 0 a � A � 4 H G r A ' 9 � COUNT`� Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak- brook.org Administration 630.368.5000 FAX 630.368 5045 Community Development 630.368.5101 FAX 630.368.5128 (Engineering Department 630.368 5130 FAX 630.368.5128 Fire Department 630.368 5200 FAX 630.368.5250 ]Police Department 630.368.8700 FAX 630 368.8739 Public Works Department 630.368.5270 FAX 630.368.5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630.368.7700 FAX 630 368.7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Dak Brook, IL 60523 -4602 630.368.6400 FAX 630.368.6419 October 20, 2008 Mr. Dave McKenzie Via Certified Mail Plats Department DuPage County Clerk Tracking #7005 2570 0001 4999 2497 421 North County Farm Road Wheaton, Illinois 60187 Re: Village of Oak Brook Special Service Area 2 Ordinance 2008 - SSA -EX3 -S -1242 Recorded Document No. R2008- 146945 (9/30/08) Dear Mr. McKenzie: Per requirements of the Illinois State Statutes, enclosed please find a certified /recorded copy of the above noted document for filing. Please return a file- stamped copy of this document (also enclosed) in the envelope provided at your convenience. Should you have any questions, please do not hesitate to contact Linda Andrys at (630) 368 -5056. Thank you for your time and consideration in this matter. Sincerely, L� Charlotte K. Pruss Village Clerk CKP /rak enclosures ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees pursuant to Ordinance No. 2007 - FIN- SSA -S -1213 at a public hearing held on January 8, 2008; and WHEREAS, said public hearing was held by the President and Board of Trustees pursuant to a notice duly published on December 21, 2007, in the Daily Herald, a newspaper of general circulation in the Village of Oak Brook ( "Village "), at least fifteen (15) days prior to the hearing and pursuant to notice by mail 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. Said notice, a copy of which is attached as Exhibit A, was given by depositing said notice in the United States mail not less than ten (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 said property. The notices conformed in all respects to the requirements of the Special Service Area Tax Law; and WHEREAS, at the public hearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area for the purpose of providing for the maintenance and repair of a Noise Barrier (the "Project ") and on the question of an annual tax for the special municipal services, as set forth in the notice. All questions that were raised by the public at the hearing regarding the formation of the special service area, the special municipal services, the Project and the annual tax were answered and no one requested that the President and Board of Trustees not proceed immediately; and WHEREAS, it is in the public interest and in the interest of the property described in Section 2 that the special service area, as hereinafter described, be established; and WHEREAS, said area is compact, contiguous and located in the Village; and WHEREAS, it is in the best interests of the special service area that the furnishing of the special municipal services proposed and the Project be considered for the common interests therein; and WHEREAS, the proposed municipal services are unique and in addition to the municipal services generally provided to the Village as a whole; and WHEREAS, no petition signed by at least 51% of the electors residing within the special service area and by at least 51 % of the owners of record of the land included within the boundaries of the special service area was filed with the Village Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Village of Oak Brook Special Service Area No. 2 Established. Pursuant to the provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 2 of 7 Special Service Area Tax Law, 35 ILCS 200/27 -5, et seq., a special service area to be known and designated as "Village of Oak Brook Special Service Area No. 2" is hereby established and shall consist of the territory described on Exhibit B and depicted on Exhibit C. Section 3: Purpose of Area: Village of Oak Brook Special Service Area No. 2 is established to provide special municipal services consisting of the Project. Annual taxes at a rate not to exceed 0.20 percent per annum may be levied against the assessed value of the taxable property in the Village Of Oak Brook Special Service Area No. 2 in order to pay for the cost of the Project. Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 9th day of September, 2 ' a,n W. Craig age President PASSED THIS 9th day of September, 2008. Ayes: Trustees Carson, Kennedy Manofsky, Saiyed, Sanford and Wolin Nays: Non Absent k ATTEST Charlotte K. Pruss Village Clerk Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 3 of 7 EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION OF SPECIAL SERVICE AREA NUMBER 2 AND LEVY OF SPECIAL TAXES THEREFORE FOR TUSCAN WOODS AND YORKSHIRE WOODS IN THE VILLAGE OF OAK BROOK PUBLIC NOTICE IS HEREBY GIVEN that on January 8, 2008 at 7:00 p.m. a public hearing will be held by the President and Board of Trustees of the Village of Oak Brook, at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois 60523 to consider forming a Special Service Area consisting of the following legally described territory: LOTS 1, 2, 3, 4, 5, 6, AND 7 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS. PINS: 06 -24- 105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24- 105 -020 06 -24- 105 -021 06 -24- 105 -022 06 -24- 105 -023 LOTS 1, 2, 3 AND 5 IN YORKSHIRE WOODS, BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED ON DECEMBER 11, 1947 AS DOCUMENT NO. 535991, IN DUPAGE COUNTY, ILLINOIS. PINS: 06 -24- 302 -002 06 -24- 302 -003 06 -24- 106 -002 06 -24 -105 -003 LOT 7 AND 8 (EXCEPT THAT PART OF LOT 8 LYING NORTHWEST OF A STRAIGHT LINE WHICH INTERSECTS THE NORTH LINE OF SAID LOT 8, 60.0 FEET EAST OF THE NORTHWEST CORNER THEREOF, MEASURED ALONG SAID NORTHERLY LOT LINE, AND INTERSECTS THE WEST LINE OF SAID LOT 8, 251.8 FEET SOUTH OF THE NORTHWEST CORNER THEREOF), ALL IN YORKSHIRE WOODS, A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED AS DOCUMENT 535991, IN DUPAGE COUNTY, ILLINOIS. PIN: 06 -24 -106 -001 Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 4 of 7 The area consists of approximately 8 acres, more or less, and is bounded by the West bound lanes of 1 -88 on the South, Harger Road on the North, the on -ramp for the 1 -88 West bound lanes on the East and approximately 316 feet West of Yorkshire Woods on the West. All persons affected by the proposed formation of the Village of Oak Brook Special Service Area No. 2 will be given an opportunity to be heard at the public hearing regarding the formation of and the boundaries of the proposed Special Service Area and may object to the formation of the Special Service Area and the levy of special taxes against the Special Service Area, including owners of the Special Service Area and electors residing within the Special Service Area. The purpose of the formation of the proposed Village of Oak Brook Special Service Area No. 2 in general is to provide special municipal services to the Special Service Area, specifically the maintenance and repair of a Noise Barrier. However, under no circumstances shall the provision of such Special Services by the Village, its agents, employees, consultants or contractors, in the Village's sole discretion without the obligation to do so, constitute an acceptance of or assumption of responsibility for any personal property or real property within the Area by the Village. A special service area tax will be considered at the,- public hearing, to be levied annually when required to provide for the maintenance and repair of the Noise Barrier and not exceed a rate of 0.20 per cent per annum of assessed value, as equalized, to be levied against the real, taxable property included within the proposed Special Service Area. At the public hearing, all interested persons affected by the formation of the proposed Special Service Area, including all persons owning taxable real estate therein and electors, will be given an opportunity to be heard. The public hearing may be adjourned without further notice to another date. If a petition signed by at least fifty -one percent (51%) of the electors residing within the Special Service Area and by at least fifty -one percent (51%) of the owners of record of the land included within the Special Service Area is filed with the Village of Oak Brook's Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the creation of the Special Service Area, or the levy or imposition of a tax, no such Special Service Area may be created or tax levied or imposed. Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 5 of 7 EXHIBIT B LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5 AND 6 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS PINS: 06 -24- 105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24- 105 -020 06 -24- 105 -021 06 -24- 105 -022 AEW" JW&Mt ac Um AWY�mw (Awwj xo Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 -- -- — Page 0 01 7 � o j4fffjV �f0 4 0 RfYT,4T-f -8 Pl f T P.1. N z4 05 0 07 OF 0 (o- 24•!05.008 /wroa O ♦ tiaanar•p Hwr N Ira W •a..M A. "..:4 raa"aaW "a/rrd•a 1jt.eaaaJA9titjd M orw%A_K FORJVZRLY AINON'N 14S faffMAO +e "antftm alt ReTwrq� rat YOW.fff" GLLTN OF OAff 9R00L' M" G � w` at.^b " """ •` .4 .%b ILo alw •.rrc RdtL Isao ei�aat+.aelt sawE ansa �w s®r ®aaa xrtoa K aw v x aas Am r m.-AMN R xL 1.85a3 NCW Grwiala l o f s iwx � Z L &M Z3 wrl✓aenumm ArAKKF =Mr uoa %cc Rffsotan-{ ) aw ;4- 165 -009 gaol- ib -M•�1 -845 TYAt; -o1(r SPEC /AL SERVICE AREA �� ✓ ts;e t / / CRlYlllt: ,•� ,tom 1 61.141 roar l � { , ' aa��* �vvor ice_ 1 mum mm� TV M roa uuw" 1aOL1916t % �•�/ i ,0,0* ` 1G . 095-24- r 05 -47ao Port/ aaa Iran +o as KY a 1.1 atn ✓ POT J PAL nar 1� T \ • / ,"��p�I rw�so' j y mwwj# H OAZ / t 06 - 24- r D5 -D r 8 a' PLAT 82003- 340360 AUG ,26.2003 11135 AM `V ollol MrLora-om r Nwca.n"rxr vs wo was �i.arnar._ \ / 9~ r �� / IY3i�hnu�aosrl 06-24-7975-017 S L— ;• .vnr( u +Ilex u a ,fie Amor Ammmw LAW* AW art r avwr \ y tar on JO ' NCT INCtIJDiD it tM.-M. ",, tma, M t„a, I 0 nt `'ud mrw* uxrar w.+ -nn. 1 saw d I 24j24 _ —. — _. f. —r -�-• .�..._. _ . 24 mlm t+t Cr x aantst 1/1 a •tw 1. -7a-11 .+ I I 1 1 EXHIBIT C, iulai � tw.wwvm► w.r as r r ro .war use . ai wan+ .P� tM Ia,M ar K am an a up • um a Patio mn w Ilorom no iro..gn tae 1 -/ salve ■ 1".20 as s w I-M 7 { �:a w�um�•o...arwua.xs..l.va .. „ / ,a1 -J`�eoa-- ,ry17J10 SHED l of C - ar.lmlw "' STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 7 of 7 I, Charlotte K. Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois, and that as such Clerk, I do have charge of and custody of the books and records of the Village of Oak Brook, DuPage and Cook Counties, Illinois. DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of Ordinance 2008 - SSA -EX3 -S -1242, "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and Board of Trustees of the Village of Oak Brook, Illinois on September 9, 2008. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Oak Brook, DuPage and Cook Counties, Illinois this 9th day of September, 2008. iii NT`d , Charlotte K. Pruss Village Clerk Village of Oak Brook, Illinois Message z Linda Andrys From: Linda Andrys Sent: Wednesday, October 22, 2008 9:14 AM To: Dave Zima Subject: FW: Recording & Copy Fees of $35.50 for S- 1242 - Correct Billing Directions Page 1 of 2 Hi Dave, See emails below to confirm the correct billing directions for preparing the invoice for the Recording /Copy fees for S -1242 as noted below in previous emails. Thanks! LA Linda Andrys Records Management Clerk/Freedom of Information Officer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 (630) 368 -5056/ Fax: (630) 368 -5042 Email: landrys @oak - brook.org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village. " - - - -- Original Message---- - From: Dale Durfey Sent: Tuesday, October 21, 2008 4:23 PM To: Linda Andrys Cc: David Niemeyer; Dave Zima Subject: RE: Recording & Copy Fees of $35.50 for S -1242- Correct Billing Directions Yes, bill them. We will then get Mark Sterk's bill and invoice also Dale L. Durfey, Jr., P.E. Village Engineer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368- 5130 /Fax (630) 368 -5128 Email: ddurfey_ @oak- brook.org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village." - - - -- Original Message---- - From: Linda Andrys Sent: Tuesday, October 21, 2008 12:00 PM 10/22/2008 Message Page 2 of 2 To: Dale Durfey Cc: David Niemeyer; Dave Zima Subject: Recording & Copy Fees of $35.50 for S- 1242 - Correct Billing Directions Dale, received your voice mail regarding the associated fees from the (Engineering Dept., Mgr.'s Office & Atty. Sterk) in relation to the project/ S -1242 establishing Special Service Area Number 2 in the Village of Oak Brook. After hearing your message, it is my understanding then that the Recording /Copy Fees bill should be prepared by Dave Zima as a separate invoice for $35.50 and sent to the Inland Real Estate Development LLC- Tuscan Woods LLC at 2901 Butterfield Road, Oak Brook, IL 60523. Please confirm that this direction is correct. Thanks! LA Linda Andrys Records Management Clerk/Freedom of Information Officer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 (630) 368 -5056/ Fax: (630) 368 -5042 Email: landrys @oak - brook.org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village. " 10/22/2008 Linda Andrys From: Dave Zima To: Linda Andrys Sent: Wednesday, October 22, 2008 9:27 AM Subject: Read: FW: Recording & Copy Fees of $35.50 for S- 1242 - Correct Billing Directions Your message To: Dave Zima Subject: FW: Recording & Copy Fees of $35.50 for S- 1242 - Correct Billing Directions Sent: 10/22/2008 9:14 AM was read on 10/22/2008 9:27 AM. A.C; 00 0 0 C, 0 O O 0 cD 0 0 0 7- M/ co 0 0 0 CD C) > 0 I i V OCT 2 2 2000 ,4,14� ®uPng® County Clerk FRED BUCHOLZ OIIPFGE COUNTY RECORDER SEP.30,2008 3:40 PM OTHER 06 -14- 105 -01] 009 PAGES N2008- 146945 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address /es 14,16,18, 20,19 AND 17 TUSCAN COURT (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK IL 60523 Pin /s Number 06 -24- 105 -017, 06 -24- 105 -018, 06 -24- 105 -019, 06 -24- 105 -020, 06 -24- 105 -021 AND 06 -24- 105 -022 Name & Address of Applicant: VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD, OAK BROOK, IL 60523 Name & Address of Responsible INLAND REAL ESTATE DEVELOPMENT LLC- TUSCAN WOODS LLC Party to Receive Copy of 2901 BUTTERFIELD ROAD Recorded Document and Billing: OAK BROOK IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: MW Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2008 - SSA -EX3 -S -1242 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees pursuant to Ordinance No. 2007 - FIN- SSA -S -1213 at a public hearing held on January 8, 2008; and WHEREAS, said public hearing was held by the President and Board of Trustees pursuant to a notice duly published on December 21, 2007, in the Daily Herald, a newspaper of general circulation in the Village of Oak Brook ( "Village "), at least fifteen (15) days prior to the hearing and pursuant to notice by mail 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. Said notice, a copy of which is attached as Exhibit A, was given by depositing said notice in the United States mail not less than ten (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 said property. The notices conformed in all respects to the requirements of the Special Service Area Tax Law; and WHEREAS, at the public hearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area for the purpose of providing for the maintenance and repair of a Noise Barrier (the "Project ") and on the question of an annual tax for the special municipal services, as set forth in the notice. All questions that were raised by the public at the hearing regarding the formation of the special service area, the special municipal services, the Project and the annual tax were answered and no one requested that the President and Board of Trustees not proceed immediately; and WHEREAS, it is in the public interest and in the interest of the property described in Section 2 that the special service area, as hereinafter described, be established; and WHEREAS, said area is compact, contiguous and located in the Village; and WHEREAS, it is in the best interests of the special service area that the furnishing of the special municipal services proposed and the Project be considered for the common interests therein; and WHEREAS, the proposed municipal services are unique and in addition to the municipal services generally provided to the Village as a whole; and WHEREAS, no petition signed by at least 51 % of the electors residing within the special service area and by at least-51 % of the owners of record of the land included within the boundaries of the special service area was filed with the Village Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing preambles are restated and incorporated herein by reference as though fully set forth here-in. Section 2: The Village of Oak Brook Special Service Area No. 2 Established Pursuant to the provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 2of7 Special Service Area Tax Law, 35 ILCS 200/27 -5, et seq., a special service area to be known and designated as "Village of Oak Brook Special Service Area No. 2" is hereby established and shall consist of the territory described on Exhibit B and depicted on Exhibit C. Section 3: Purpose of Area: Village of Oak Brook Special Service Area No. 2 is .established to provide special municipal services consisting of the Project. Annual taxes at a rate not to exceed 0.20 percent per annum may be levied against the assessed value of the taxable property in the Village Of Oak Brook Special Service Area No. 2 in order to pay for the cost of the Project. Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 9th day of September, 2 ;ali W. Craig lage President PASSED THIS 9th day of September, 2008. Ayes: Trustees Carson, Kennedy, Manofsky, Saived, Sanford and Wolin Nays: None Absent: None =� �'.? ✓' ATTEST Charlotte K. Pruss Village Clerk Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 3 of 7 EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION OF SPECIAL SERVICE AREA NUMBER 2 AND LEVY OF SPECIAL TAXES THEREFORE FOR TUSCAN WOODS AND YORKSHIRE WOODS IN THE VILLAGE OF OAK BROOK PUBLIC NOTICE IS HEREBY GIVEN that on January 8, 2008 at 7:00 p.m. a public hearing will be held by the President and Board of Trustees of the Village of Oak Brook, at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois 60523 to consider forming a Special Service Area consisting of the following legally described territory: LOTS 1, 2, 3, 4, 5, 6, AND 7 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS. PINS: 06 -24- 105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24 -105 -020 06 -24- 105 -021 06 -24- 105 -022 06 -24- 105 -023 LOTS 1, 2,3 AND 5 IN YORKSHIRE WOODS, BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED ON DECEMBER 11, 1947 AS DOCUMENT NO. 535991, IN DUPAGE COUNTY, ILLINOIS. PINS: 06 -24- 302 -002 06 -24- 302 -003 06 -24- 106 -002 06 -24- 105 -003 LOT 7 AND 8 (EXCEPT THAT PART OF LOT 8 LYING NORTHWEST OF A STRAIGHT LINE WHICH INTERSECTS THE NORTH LINE OF SAID LOT 8, 60.0 FEET EAST OF THE NORTHWEST CORNER THEREOF, MEASURED ALONG SAID NORTHERLY LOT LINE, AND INTERSECTS THE WEST LINE OF SAID LOT 8, 251.8 FEET SOUTH OF THE NORTHWEST CORNER THEREOF), ALL IN YORKSHIRE WOODS, A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED AS DOCUMENT 535991, IN DUPAGE COUNTY, ILLINOIS. PIN: 06 -24 -106 -001 Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 4of7 The area consists of approximately 8 acres, more or less, and is bounded by the West bound lanes of 1 -88 on the South, Harger Road on the North, the on -ramp for the 1 -88 West bound lanes on the East and approximately 316 feet West of Yorkshire Woods on the West. All persons affected by the proposed formation of the Village of Oak Brook Special Service Area No. 2 will be given an opportunity to be heard at the public hearing regarding the formation of and the boundaries of the proposed Special Service Area and may object to the formation of the Special Service Area and the levy of special taxes against the Special Service Area, including owners of the Special Service Area and electors residing within the Special Service Area. The purpose of the formation of the proposed Village of Oak Brook Special Service Area No. 2 in general is to provide special municipal services to the Special Service Area, specifically the maintenance and repair of a Noise Barrier. However, under no circumstances shall the provision of such Special Services by the Village, its agents, employees, consultants or contractors, in the Village's sole discretion without the obligation to do so, constitute an acceptance of or assumption of responsibility for any personal property or real property within the Area by the Village. A special service area tax will be considered at the public hearing, to be levied annually when required to provide for the maintenance and repair of the Noise Barrier and not exceed a rate of 0.20 per cent per annum of assessed value, as equalized, to be levied against the real, taxable property included within the proposed Special Service Area. At the public hearing, all interested persons affected by the formation of the proposed Special Service Area, including all persons owning taxable real estate therein and electors, will be given an opportunity to be heard. The public hearing may be adjourned without further notice to another date. If a petition signed by at least fifty -one percent (51 %) of the electors residing within the Special Service Area and by at least fifty -one percent (51 %) of the owners of record of the land included within the Special Service Area is filed with the Village of Oak Brook's Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the creation of the Special Service Area, or the levy or imposition of a tax, no such Special Service Area may be created or tax levied or imposed. Ordinance 2008- SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 5 of 7 EXHIBIT B LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5 AND 6 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS PINS: 06 -24- 105 -017 06 -24- 105 -018 06 -24- 105 -019 06 -24- 105 -020 06 -24- 105 -021 06 -24- 105 -022 r y • ;;z'.`° um =,�� . 4ff-EN TO ,4ND .EST 4TED PZ�4T R ►. nc � i� 105 007 oeo•z4- (05.005 /��►+O' Jr:/o ®iar A-"MID VUlurinwarwl•.a 01r . r 1t...a ♦rr4t1� J! PA-Aaw araaY•a y- •a yl C r[ JW a0 OAKS".rt TUSG�IN XOODS SUB.DIVISlON irwi Am. � 06 -24 -105 -0 I Z, FORA&RU BIOXAr IS fu "Ool.moit"m Sl1 kl"Aunm mar aear uaurQ N YORATh7Rh' OLM OF OAK BROW ;,Q *„�BR ; `�;,� � nlnramr rare srtora.t ~ Ar 0=m rmv Ano-� OYC E, A XL 4$54 loo dac U.V.173- W a tears � saavcw aJe Er K rarer a ,alrrY "W l% urr ce Jw raw RE =W Arlo fJl IN al6r amn; ruaM Rssoeunonl NEW E lw- *1 •s -a4- SEE ,2001- 611 -�1-� 06 165-009 T�R4-at(r SPECIAL SERVICE AREA AZ PLAT 82003- 340360 j AUC,28.2003 AM X1135 I a Its 4 l 0 as11 �' of R�Po / / 00 wr tlr aLaNO wnaa ala ..ar t•E,o t �' —'�-�� ',1'''. `, j ns -s a- I as -vao row ow own A ■ at a as we raaal / t / J! irwi Am. � 06 -24 -105 -0 I Z, "C mar aear uaurQ N r ow ovfaac+n 1 1 w � aaan � ®. um vama� Mme aea ae �.e n ate. v �m.00 .�r�em��,• r Irsv .. � i ri aw• ao•w r r •a�r� . r+cN.J=1rea Lit v Its w—aasEamEraaat ►roam • 1M *."or K Lamm ORE ®1.101 m. 1 M YOadY A11E 1mm dRfl 176 IJ 0004 a WAKIM as V Y mast wn a �1 us M a0al.� ti {r0 R ��a mmv afimwj taor M`� r �} �' � � F'b }•-��- DeS -�4- lOS•pZ 7 A i ww► a- `�ewa ror + � .ar r� ao n► -al+a� / 9 m.saatal m ue own u l711m u aa� attflaer 0r✓arr an .a -p"m ,.l Dd -S4 -1 OS -Q2a A r• a 7 4 �• ero 1242{` C \\ `gym t# a sa laresl 1/1 a SOW Isla - i� STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION Ordinance 2008 - SSA -EX3 -S -1242 Establishing Special Service Area 2 Page 7 of 7 I, Charlotte K. Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois, and that as such Clerk, I do have charge of and custody of the books and records of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of Ordinance 2008 - SSA -EX3 -S -1242, "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and Board of Trustees of the Village of Oak Brook, Illinois on September 9, 2008. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village of Oak Brook, DuPage and Cook Counties, Illinois this 9th day of September, 2008. �?!N � e CCU NT'I � f I' Charlotte K. Pruss Village Clerk Village of Oak Brook, Illinois ,e O STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on September 9, 2008 , the corporate authorities of the above municipality passed and approved ORDINANCE 2008 - SSA- EX3 -S- 1242.. AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 30th day of September, 2008. `vp C Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois