AMENDED RESTRICTIONS AND PROTECTIVE COVENANTS FOR MARKSBOROUGH,

Transcription

1 AMENDED RESTRICTIONS AND PROTECTIVE COVENANTS FOR MARKSBOROUGH, a Subdivision of Part of Sections 22, 23, and 26, in Township 12 North, Range 8 East of the Third Principal Meridian, Coles County, Illinois WE, THE UNDERSIGNED, being the owners of legal title of record of at least a majority of the owners of MARKSBOROUGH Subdivision, as more fully described above, and pursuant to paragraph 28 of the Owner's Certificate and Dedication dated April 17,1974, and recorded on May 21, 1974, at Plat Book 5, page 13, in the Recorder's Office at Charleston, Coles County, Illinois, DO HEREBY AGREE AND DO HEREBY AMEND said restrictions and protective covenants as contained in said Owner's Certificate and Dedication, by the adoption of this document which shall, from the date of recording hereof, be the lawful, binding and enforceable RESTRICTIONS AND PROTECTIVE COVENANTS of the said subdivision. Said Restrictions and Protective Covenants, as amended, are as follows: This subdivision is laid out and this plat is made, executed and delivered subject to the following amended restrictions and amended protective covenants which shall run with the land: 1. Allowable Structures: No structure or building shall be erected, altered, or placed upon any lot in the subdivision other than a single-family dwelling not to exceed two and onehalf stories in height above ground level, and other accessory buildings incidental to residential use of the premises as may be permitted in the provisions hereinafter described in paragraph 5 designated as "Permissible Buildings." No commercial or business activities of any type, nature or kind shall be carried on or permitted within or upon any lot in the subdivision. 2. Building Locations: No structure or building shall be located on any lot nearer than 35 feet to any street right of way line. No part of a building or structure shall be located nearer to a side lot line than a distance of 15 feet. The minimum rear yard shall be 20% of the depth of the

2 lot. In the event a lot is contiguous to more than one street, the architectural control committee shall determine the real lot line and promptly notify the owner of such determination. No replatting or subdividing of any lot or joining of 2 lots for 1 building site shall be allowed without the written consent of the architectural control committee. All buildings and structures on a building site shall not cover in total more than 30% of the building site. 3. Architectural Control Committee: (a) Committee Membership: The architectural control committee shall be composed of five (5) members. In the event of the death or resignation of any member of the committee prior to the expiration of his term, the remaining members shall by majority vote designate a successor. The owners of record of each lot shall, by majority vote, elect the members of the committee. Reasonable notice of the meeting at which such vote shall occur shall be given the owners of record of each lot. The terms of the members of the committee so elected shall be for staggered terms of 1, 2 and 3 years and a subsequent election shall be held annually, with reasonable notice thereof given to each owner of record, to replace the member of the committee whose term is thereupon expiring. (b) Powers: It is the purpose of the architectural control committee to promote the residential development of Marksborough and to enhance the property values therein; therefore, the architectural control committee shall have the right and power to approve or deny plans and specifications submitted as herein required, with due consideration given to the purposes for which the committee is created. No member of the architectural control committee having an ownership interest or other financial interest in the property or improvement before the committee for consideration shall be allowed to vote upon the approval or denial of plans and specifications submitted in accordance with the provisions contained herein. The architectural control committee shall have the power to increase the number of its members by a vote of two-thirds of the persons at any time and from time to time comprising the committee, and shall in conjunction therewith establish the terms of each such additional members. The committee shall have the power to reduce side-yard and rear-yard set back requirements by not more than 20% of the side or rear yard otherwise required hereby and to reduce or increase the minimum dwelling size requirements as hereinafter required where the size, shape, quality and location of the lot and structure to be built thereon warrants such variance in the opinion of the committee. The committee shall have the following powers, rights and privileges in addition to those hereinabove provided: (i). Building Plans: No Building, dwelling, fence or other structure or excavation, including accessory buildings, shall be erected, constructed, altered or maintained upon, under or above or moved upon any part of the subdivision, unless the plans and specifications thereof, showing the proposed construction, nature, kind, shape, height, approximate building elevations, the location of each structure upon the lot and any other facts or matters requested by the committee, shall have been submitted and approved by the architectural control committee and until a copy of such plans and specification as finally approved by the committee is deposited as permanent record with the committee. The architectural control committee shall have the right to require that all building plans must be pre-approved by a qualified professional as designated by the committee for the purpose of verifying that all relevant building codes are being met. (ii). The architectural control committee shall upon request and upon satisfactory completion of the improvements in accordance with the plan and specifications so submitted, issue its certificate of completion and compliance. If the committee fails to approve or reject any

3 plan or matter requiring its approval within 30 days after the plans or specifications have been submitted, or in the event no suit to enjoin construction has been commenced prior to the completion date of the improvement, approval shall be conclusively presumed and the related covenant shall be deemed to have been fully complied with. (iii). Right of Inspection: During any construction or alteration required to be approved by the architectural control committee, any member of the said committee or any agent of the committee shall have the right to enter upon and inspect during reasonable hours any building embraced within said subdivision for the purpose of ascertaining whether or not provisions herein set forth have been or are being fully complied with and shall not be deemed guilty of trespass by reason thereof. (iv). Waiver of Liability: The approval by the committee of any plans and specifications or any other matter requiring its approval as herein provided, shall not be deemed to be a waiver by the committee of its right to withhold approval as to similar or other structures, features or plans when subsequently submitted for approval in connection with the same or other building site. Neither the committee, nor any member thereof shall be in any way responsible or liable for any loss or damage or for any error or defect which may or may not be shown on any plans or specifications or any building or structure or work done in accordance with the plans and specifications as submitted, whether or not the same has been approved by the committee or any member thereof. (v). Constructive evidence of Action by Architectural Control Committee: Any title company or person certifying, guaranteeing or insuring title to any building site or improvements thereon, or any lot or parcel in the subdivision or any existing or proposed lien thereon or interest therein, shall be fully justified in relying upon the contents of the certificate signed by any member of the architectural control committee showing completion and compliance, and such certificate shall fully protect any purchaser or encumbrancer in good faith in acting thereon. (vi). Structural Alterations: No Dwelling or building in the subdivision, after its initial certificate of completion and compliance is issued, shall be structurally altered in such a way as to materially change the exterior appearance of the structure unless the committee shall, prior to such alteration, approve written plans therefor submitted by the owner of the property. The committee upon approving such written plans for alteration shall issue its supplemental certificate of compliance at the time such alterations are completed in accord with the plans theretofore approved. 4. Dwelling Quality and Size: It is the intention and purpose of these covenants to insure that all dwellings, shall be of a quality of design, workmanship and materials, approved by the architectural control committee, as shall enhance and preserve property values within the subdivision. All dwellings shall therefore be constructed in accordance with the applicable governmental building codes and with more restrictive standards as may be required by the architectural control committee. No dwelling shall be constructed in excess of two and one-half stories above ground level. All dwellings shall have, at a minimum, an attached two-car garage, and at a maximum, an attached four-car garage. The ground floor area of each dwelling, exclusive of attached garages, carports, screened porches, open terraces and breezeways, shall be (a) for one story dwellings, not less than 1800 square feet of heated living area, and (b) for dwellings of more than one story, not less than 1200 square feet of heated living area, in which case the total heated living area in the dwelling shall be not less than 2000 square feet. The aforesaid minimum areas may be altered as hereinabove provided by the architectural control

4 committee. 5. Permissible Buildings: All buildings erected on any building site shall be constructed of materials of good quality suitably adapted for use in the construction of residences and no old building or buildings shall be placed on or moved upon said premises. Detached accessory or storage buildings shall be constructed of materials of the same quality and of similar color as that of the principal dwelling and shall be subject to the same requirements as otherwise provided herein for the approval of plans and specifications by the architectural control committee as those requirements as to the principal dwelling on each lot. No detached accessory or storage building shall be located nearer to any street right of way line than the principal dwelling. Accessory buildings shall not be erected, constructed or maintained prior to the erection or construction of a dwelling. The foregoing provision shall not apply to temporary buildings or structures erected by builders in connection with the construction of any dwelling or accessory building and which are promptly removed upon completion of such dwelling or accessory building. 6. Diligence during Construction: The construction of any dwelling or other building shall be prosecuted diligently and continuously from the time of commencement until the exterior construction shall be fully completed and the interior construction substantially completed and no such building or structure shall be occupied until a certificate of completion and compliance shall have been issued by the architectural control committee. All materials and equipment placed upon a lot during construction of a dwelling or other building shall be confined to the lot on which the construction is under way and shall be stored or covered as may be necessary to preserve a clean and neat appearance in the subdivision at all times when no actual work in being performed. 7. Temporary Structures: No structure of a temporary character, including trailers, mobile homes, motor homes, basements, tents, shacks, garages, barns or other accessory buildings, shall be used on or adjacent to any lot as a residence, either temporarily or permanently. 8. Driveways: Access driveways and other paved areas for vehicular use on a lot shall have a base of compacted gravel, crushed stone or other approved base material and shall have a wearing surface of concrete, asphalt or oil and rock. Plans and specifications for such access driveways shall be submitted to the architectural control committee as a part of the plans and specifications for structures, as hereinabove provided, and shall be subject to approval by the said committee. No dwelling constructed upon any lot shall be occupied prior to the time such access driveway shall have been constructed in accord with the plans and specifications therefor approved by the said committee. 9. Off-Street Parking: Each property owner shall provide either a garage or carport on the property having a vehicular capacity equal to the number of automobiles in use at any time and from time to time by the owner or residents of the property. The owner of the property shall furthermore provide enclosed garage space for the storage of any and all trucks, trailer, boats, boat trailers and motor homes, or other recreational vehicles, which they or the residents of the property may at any time or from time to time have or maintain upon or adjacent to the property. 10. Post Lantern: Each lot owner shall, not later than the time of occupancy of the dwelling, install and maintain an electric or gas post lantern in front of the dwelling. The lantern shall be situated not less than five feet and not more than seven feet from ground level at any point adjacent to the pole. The lantern shall be an electric or gas model having a mean lumens

5 rating of 7,000. The lantern shall be illuminated during the hours of darkness and shall be maintained at all times by the owner in proper operating condition. 11. Mail Boxes: Each lot owner shall install and maintain a mail and newspaper receptacle of a uniform design and at locations to be approved and designated by the architectural control committee. 12. Fences: No fences or fenced enclosures shall be constructed upon, in or within the area bounded by the front set-back line as hereinabove established and the public street on which the dwelling faces unless such construction is approved, in writing, prior to commencement to such construction, by the architectural control committee. 13. Signs: No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than 1 square foot or one sign of not more than 5 square feet advertising the property for sale or rent, or signs used by a builder or the subdivider to advertise the property during construction and sale thereof. 14. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot and no oil wells, tanks, tunnels, mineral excavations or shafts shall be constructed, permitted or maintained upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. No person may strip, excavate or otherwise remove soil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of building on such premises. 15. Livestock, Horses and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that no more than two dogs, cats or other common household pets over 4 months of age may be kept provided they are not being kept, bred, or maintained for any commercial purposes; provided, however, that the owners or occupants of Lots 20, 21, 22, 23 and 24 may own, keep and maintain, not for commercial or breeding purposes, but for their own recreational use, not more than four horses or ponies upon each of the said lots. In connection with the foregoing proviso, the owner of lots 20, 21, 22, 23, and 24, may, subject to approval of the architectural control committee as hereinafter provided, construct and maintain one barn having a ground floor area not to exceed 800 feet upon each of the said lots. Prior to commencement of construction of any such barn, the plans and specifications therefor, showing the location of the barn upon the lot, the construction, nature, kind, shape, height, material and building elevations thereof shall be submitted to the architectural control committee which shall, within 30 days thereafter, approve or deny the request for a construction permit. The granting or denial of such approval and the procedure to obtain such approval shall comply in all respects with paragraph (3) (b) of these restrictions and protective covenants. The architectural control committee may at any time and from time to time after it shall have issued its certificate of completion and compliance for any such barn, upon reasonable notice to the owner of the lot on which the barn is situated, direct any and all reasonable maintenance or repair thereof and if such maintenance or repair as so directed shall not have been performed in full within 60 days thereafter, the committee may direct the owner of the lot to remove the barn. No horses or ponies may be maintained or kept upon any premises prior to the time a residential structure therein is occupied and until suitable and proper barn facilities as approved by the architectural control committee shall be in place and a certificate of completion and

6 compliance therefor shall have been duly issued. Household pets, if maintained or kept outside, shall be confined to an enclosed area located upon the lot of the owner. The location, plans and specifications of such enclosed area shall be approved in advance of construction, by the architectural control committee. 16. Water and Sewerage Systems: Subject to the following provisions regarding connection to public or private water and sewerage systems, individual water wells and sewage disposal systems shall be installed and maintained on each lot or combination of lots on which a single residence is situated. Such systems shall be subject to and conform with all State, Federal and Local Legal Requirements. Prior to commencing construction of any such water or sewerage system, the owners of each lot shall submit plans and specifications therefor, including the location thereof to the architectural control committee, which shall have the power to grant or deny approval for construction thereof with due consideration given to the utilization and enjoyment of the subject lot and each and every other lot adjacent or contiguous thereto, and to the preservation and protection of the commons areas. 17. Sewer and Water Service Facilities: Each lot owner shall be obliged to connect to and accept service from public or private sewer and/or water systems as and when such systems, or one of them, shall become available to and within the subdivision. 18. Public Easements: Easements for installation and maintenance of underground utilities and drainage facilities are reserved as noted on the plat. No building or outside facility within the subdivision shall be supplied with utility service lines above the surface of the ground. Each lot owner shall grant a written easement for such underground service upon request of the interested utility. No structures, walls or fences shall be placed or permitted to remain within the platted easements which may damage or interfere with the installation, operation or maintenance of the utility services. All utilities serving this subdivision and all connections made thereto shall be located beneath the surface of the ground, excepting therefrom transformer installations and service pedestals. Such required above ground appurtenances to the underground utility system shall be located within 6 feet of the side lot lines. 19. Private Easements for Water Purposes: Each lot owner is hereby granted a perpetual easement upon and over the rear set back areas, as hereinabove prescribed, on the lot or lots adjoining and contiguous to his lot for the purpose of entering thereupon, conducting drilling operation, construction and maintaining a good and sufficient private water supply system for his own purpose, provided that no such entering upon or drilling shall be initiated or maintained until and unless the architectural control committee shall determine that such action is reasonably required and necessary and, in such event, the location of the well or wells to be drilled and maintained for such purposes shall be designated by said committee and all equipment, appurtenances and appliances installed in connection therewith shall be placed to the extent possible underground and shall be located and maintained solely at the cost of the lot owner utilizing water service therefrom. 20. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. No rubbish, trash, or other wastes shall be kept except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and stored inside a garage or other building, or below ground, so as to not be visible from other properties within the subdivision. Debris and waste material, including but not limited to, brush piles, cut or fallen tree limbs and the like, shall be burned or removed from the lot within thirty (30) days of accumulation thereof or the

7 architectural control committee shall have the right to have same removed at the lot owner's expense. 21. Nuisances: No noxious or offensive activities shall be carried on or upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Weeds and grass on all lots, shall be cut before such weeds and grass reach an average height of twelve (12) inches. If the lot owner fails to do so, the architectural control committee may cause such weeds and grass to be cut in accordance with the foregoing schedule at the lot owner's expense, and a lien may be filed against the property for the actual cost of such weed and grass mowing. Such liens may be perfected and may be collected in accord with and under the provisions of" An act to revise the law in relation to mechanics' liens and to provide penalties for the violation thereof, approved May 18, 1903, as amended. Each lot owner shall keep his lot clear of debris and waste material so as to preserve a neat and clean appearance in the subdivision. 22. Television Antennae: If underground television and radio antennae, through a community television antenna system, shall hereafter become generally available to and within the subdivision, all outside antennae for such purpose, whether or not attached to a building or structure, shall be removed by the lot owner and at his cost within one year after such underground antennae service shall become available. 23. Maintenance of Parkway: The owner of each lot shall be responsible for the maintenance of the parkway located between his lot line and the edge of the public street on which the said lot shall face. 24. Public Notice of Noise Potential: Public notice is hereby given of the proximity of Coles County Memorial Airport lying to the North of the lands hereby platted, which said proximity may under certain operational conditions impose undesirable noise levels upon the persons owning, occupying or otherwise using the promises hereby platted. 25. Dedication of Streets and Public Rights of Way: There is hereby granted and dedicated for the use of the public as streets and drives all of the streets and drives shown on the plat and each of the said streets and drives shall be hereafter known by the respective names designated thereon. There is, however, reserved unto the subdividers, their successors and assigns, permanent easements as set forth above, across, under and over all such streets and drives for the installation and maintenance of storm drains, sanitary sewers, tile, water and gas mains, electric and telephone lines. Other than to obtain utility services, including publicly owned water and sewerage systems, to the dwelling, no lot owner shall at any time in the future use any part of the streets and drives for the purpose of running any sewer, or part thereof, or sanitary tiles on, under or across said streets or drives without the written permission of the architectural control committee. The operation of motor vehicles is expressly prohibited in the Wallops, on the dam, and on private property within the subdivision without the express permission of the property owner. 26. Marksborough Homeowners Association: The commons areas shown and described on the plat as Lake Windermere, Marks Pond and the Wallops are hereby granted, given, dedicated and conveyed to Marksborough Homeowners Association, a not-for-profit corporation organized and existing under the laws of the State of Illinois, subject to a reservation of utility and drainage easements as shown. Each lot owner shall automatically be and become a member of the said association at the time of recording of a proper conveyance thereof, and each lot owner agrees to accept membership in the Association and to abide by and be bound by the

8 rules and regulations lawfully propounded by the Association and maintain membership therein so long as his lot ownership is retained of record. All actions of the association shall be taken in accord with the statutes of the State of Illinois duly adopted and in effect from time to time with reference to not-for-profit corporations organized and existing under the laws of the State of Illinois, subject only to the provisions of this paragraph. The said common areas constitute private property and are intended solely for the use of Marksborough Homeowner's Association members, relatives residing in the household of Association members and the guests of Association members, provided that the guest(s) is accompanied by an Association member. No personal property shall be kept, maintained, stored or otherwise be allowed to remain overnight in any of said common areas. Personal property left overnight in the said common areas may be seized and destroyed without further notice to the owner thereof. The association shall have the power to assess each lot owner for annual dues to the association. The amount of such assessment from annual dues shall not exceed the sum of $100 annually for each lot in the subdivision, unless the owners of 60% of the lots within the subdivision shall approve a higher maximum assessment. The owners of the lots numbered 6 through 17, inclusive, and 44 through 52, inclusive, may and shall upon majority vote of the members of the said association, be assessed for dues at an annual rate of 125% of the assessment made upon the owner of each other lot within the subdivision, which said assessment may exceed the maximum hereinabove provided. Any assessment not paid within thirty (30) days after its due date shall be deemed in default and shall bear interest from the due date at the rate of fifteen (15%) per annum, or a minimum late charge of five dollars ($5.00) per lot, whichever is greater. The assessment herein permitted to be made by the association shall be determined by computing the sum required to provide the following services to and within the commons areas: (a) Insurance against public liability and, to the extent reasonably necessary, against loss by casualty to improvements, if any, constructed upon the commons and owned by the association; (b) Maintenance and repair work reasonably required to and upon the commons and its improvements, including identification monuments within the subdivision, if any, in order to preserve the value of the commons, the recreational benefits therefrom and the general property values of the lots situated within the subdivision; (c) Street lighting service, if any; (d) Reasonable and customary expenses as approved by the Association Board of Directors; (e) The construction, financing and maintenance of capital improvements upon and within the commons areas, provided that no such initial capital expenditures shall be made except upon an affirmative vote of 60% of the owners of lots situated within the subdivision. All assessments made by the association, as herein provided, may be and at the election of the association shall be perfected as a lien upon the premises within the subdivision by the party upon whom the assessment is made. Such liens may be perfected and liquidated in accord with, "An act to revise the laws in relation to Mechanics' Liens and to provide penalties for the violation thereof," approved May 18,1903, as amended. In addition thereto, the association may sue for and collect all such assessments by direct action at law against the owner of the lot at the time the assessment is duly made. 27. Waiver: The failure of the architectural control committee, any building site owner

9 or the present owner of the subdivision, or of Marksborough Homeowners Association, to enforce any of the restrictions, conditions, covenants, reservations, liens or charges to which the property or any part thereof is subjected shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation, lien or charge. 28. Term of the Covenants: These amended covenants are to run with the land and shall be binding upon all parties and all persons under whom they shall claim for a period of 10 years from the date of the covenants are recorded, after which time the covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the subdivision shall have been recorded, agreeing to change the covenants in whole or in part. 29. Enforcement: Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain the violation or to recover damages. In the event that the association, the architectural control committee, any building site owner or present owner of the subdivision shall give written notice to a lot owner of a violation of any provision contained herein, the alleged violating owner shall have thirty (30) days from the date of said notice to correct or cease the violation, except as may be otherwise provided herein. The Association shall have the right to assess a reasonable monetary penalty against the violating owner in the event that a violation of any provision contained herein continues for more than thirty (30) days after notice is given to correct or cease the violation. Reasonable attorneys' fees and cost incurred in the enforcement of these covenants, including attorney's fees and costs incurred in the collection of assessments, shall be assessed against said owner and included in any claim for lien or judgment otherwise provided for herein. 30. Construction: If it shall at any time be held that any of the foregoing restrictions, conditions, covenants, reservations, liens or charges herein provided, or any part thereof, is invalid or for any reason becomes unenforceable, no other restriction, condition, covenant, reservation, lien or charge, or any part thereof, shall be thereby affected or impaired. IN WITNESS WHEREOF, the Undersigned have signed this document agreeing to the amended covenants and restrictions herein contained and further agreeing that the date of recording of this document shall be the effective date hereof /20/ :35P FILED Betty Coffrin - Coles County Clerk & Recorder