GOLFVIEW HILLS HOMES ASSOCIATION AMENDED. Effective March 1, Pursuant to the authority granted to the owners

Transcription

1 GOLFVIEW HILLS HOMES ASSOCIATION PROTECTIVE COVENANTS AS AMENDED Effective March 1, 1995 Pursuant to the authority granted to the owners of the lots legally described in the Protective Covenants heretofore recorded in the Office of the Recorder of Deeds, of DuPage County, Illinois as documents , , , , , , , , R and R to change or modify said covenants, or anyone thereof, in whole or in part, by a majority ballot vote during January and February, 1995, BE IT HEREBY RESOLVED, by a majority of the owners of said lots, all of whose signatures appear on Group Exhibit ~A" attached hereto, that all of said Protective Covenants shall be and hereby are amended by deleting the same (January 1, 1985 issue) in their entirety and substituting in lieu thereof the following: -1- (Recorded December 28, 1995 in the Office of the Recorder of Deeds of DuPage County, Illinois, as Document No. R ). MSWORD:cov95a.doc( )

2 GOLFVIEW HILLS HOMES ASSOCIATION PROTECTIVE COVENANTS AS AMENDED EFFECTIVE MARCH 1, 1995 TABLE OF CONTENTS PREAMBLE Declaration and Record of Owners 3 Association Documents 6 ARTICLE ONE Section 1. Purposes 8 Section 2. Duration 8 Section 3. Authority and Control 8 Section 4. Enforcement 8 ARTICLE TWO Section 1. Plan Approval 9 Section 2. Use Restriction 9 Section 3. Minimum Construction Cost 9 Section 4. Location of Buildings 9 Section 5. Minimum Lot Area 10 Section 6. Easements 10 Section 7. Prohibited Uses 10 Section 8. Tree Removal 10 Section 9. Accessory Uses 10 Section 10. Anima1s 10 Section 11. Waste Management 11 Section 12. Signs 11 Section 13. Maintenance of Sight Lines 11 Section 14. Driveways 11 Section 15. Fences - 12 Section 16. Maintenance of Front and Side Yards.. 12 Section 17. Equipment Sheds 12 ARTICLE THREE Witness and Signatures 12-2-

3 PROTECTIVE COVENANTS AS AMENDED EFFECTIVE MARCH 1, 1995 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS RELATING TO GEORGE F. NIXON AND CO'S. GOLFVIEW HILLS SUBDIVISION, ADDITIONS ONE THROUGH SIX, THEREOF AND PORTIONS OF HALL'S AND HINSDALE HEIGHTS SUBDIVISION, AND McGINN'S ADDITION THIS DECLARATION is made and entered into by the owners of record (hereinafter "Owners") of the lots or parcels of property legally described herein. PREAMBLE WITNESSETH: WHEREAS, the Owners are the record owners of the lots and parcels of real estate sometimes hereinafter referred to as "Golfview Hills" and described as follows: ORIGINAL SUBDIVISION LOTS SIX ( 6) TO NINETEEN (19) INCLUS IVE, IN GEORGE F. NIXON AND CO'S. GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. FIRST ADDITION LOTS ONE (1) TO TWENTY-FOUR (24) INCLUSIVE, IN GEORGE F. NIXON AND CO'S. FIRST ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. -3-

4 SECOND ADDITION LOTS ONE (1) TO TWENTY-SIX (26) INCLUSIVE IN GEORGE F. NIXON AND CO'S. SECOND ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS. THIRD ADDITION LOTS 1 TO 25 INCLUSIVE IN GEORGE F. NIXON AND CO'S. THIRD ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS. FOURTH ADDITION LOTS 1 TO 23 INCLUSIVE IN GEORGE F. NIXON AND CO'S. FOURTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DOC. NO FILED JANUARY 4, 1954, IN DU PAGE COUNTY, ILLINOIS. FIFTH ADDITION LOTS 1 TO 31. INCLUSIVE IN GEORGE F. NIXON AND CO.' S FIFTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DOC. NO FILED JANUARY 4, 1954, IN DU PAGE COUNTY, ILLINOIS. SIXTH ADDITION (PARTIAL A),': ",:. ALL OF LOTS 1 TO 35, BOTH INCLUSIVE, ALL OF LOTS 123 TO 130, BOTH INCLUSIVE, ALL OF LOTS 161 TO 164 (Wiseman Park), BOTH INCLUSIVE, AND ALSO ALL OF LOTS 105 (Zimmerman. Par'k) AND 106 (Jackson Park Peninsula), IN GEORGE F. NIXON AND COMPANY'S SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11,.. EAST OF... THE.THIRD... PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ~ILLINOIS~ ACCORDING TO THE SUBDIVISION PLAT RECORDED AS DOCUMENT # ON.JUNE 24,.1954 IN THE RE CORDER'S OFFICE OF DU.PAGE COUNTY, ILLINOIS. ALSO, GOLFVIEW LAKE (Referred to as PIN # 09-14~ ). -4-

5 SIXTH ADDITION (PARTIAL B),. LOTS THIRTY-SIX (36) TO ONE HUNDRED FOuR (104), BOTH INCLUSIVE, AND LOTS ONE HUNDRED SEVEN (107) TO LOT ONE HUNDRED TWENTY-TWO (122), BOTH INCLUSIVE, AND LOTS ONE HUNDRED THIRTY-ONE (131) TO ONE HUNDRED SIXTY (160), BOTH INCLUSIVE, IN GEORGE F. NIXON AND CO' $.. SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP,38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS, ACCORDING TO THE SUBDIVISION PLAT RECORDED AS DOCUMENT # RECORDED ON JUNE 24, 1954 IN THE RECORDER'S OFFICE OF DU PAGE COUNTY, ILLINOIS. PORTIONS OF HALL'S SUBDIVISION THE EAST FEET OF LOTS 2 AND 4 (North Golfview Lake Shore and Dike, PIN #s and 003) IN HALL'S SUBDIVISION; AND LOTS 8 THROUGH 11, LOTS 12 THROUGH 16 AND LOTS 17 THROUGH 24 (PIN #S , 005 and 007, all north of Golfview Lake) IN THE RE-SUBDIVISION OF LOT 1 OF HALL'S SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST, 24, 1874 AS DOCUMENT IN DU PAGE COUNTY, ILLINOIS; AND PORTIONS OF McGINN'S ADDITION THE FOLLOWING FIVE (5) PROPERTIES (West of Jackson Street). IN McGINN'S ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT IN THE RECORDER'S OFFICE OF DU PAGE COUNTY, ILLINOIS, ARE HEREINAFTER ATTACHED TO AND REFERRED TO AS PART OF GOLFVIEW HILLS: A. LOTS 1 THROUGH 11 (known as South Prairie, PIN # ); B.' LOTS 12, 13, 14, 35, 36 AND HALF OF LOTS 15 AND 34 (known as 6S344 Jackson st., PIN #s and 003); C. LOTS 16, 17, 18, 31, 32, 33 AND HALF OF LOTS 15 AND 34 (known as 6S356 Jackson st., PIN # ); D. LOTS 22, 23, 24, 25, 26 AND 27 (known as 6S282 Jackson st., PIN # ); E. LOTS 47 AND 48 (West of South Prairie, PIN # 09~ ). PORTIONS OF HINSDALE HEIGHTS SUBDIVISION " ". :~... "...' ".. -:.'.' -.: \..."..- :.'.' ': ".. "".. ~'..... _.LOTS 1 THROUGH"12'(North Jackson Park, PIN 'K' ob2 through 013) 'AND LOTS 13 THROUGH 24 (North Prairie, PIN # ) IN THE HINSDALE HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT'65412 IN THE RECORDER'S OFFICE OF DU. PAGE COUNTY, ILLINOIS. -5-

6 WHEREAS, on September 11, 1952, the then owner of the properties in the Original Subdivision, as above described, executed a document entitled "Protective Covenants", which document was recorded in the Office of the Recorder of Deeds, DuPage County, Illinois, on November 24, 1952, as document ; and WHEREAS, all of the property described in the Original Subdivision was made subject to said Protective Covenants; and WHEREAS, on various dates on or subsequent to September 11, 1952, the then Owners of the properties above described and designated as the 1st through the 6th Additions, inclusive, executed identical Protective Covenants, thereby subjecting their respective properties to said covenants; and. WHEREAS,. on September 28, 1966, the owners of the property above described and designated as Portions of Hall's Subdivision, executed a Declaration which effectively subjected said property to all of the restrictions, covenants, reservations, easements, liens and charges contained in the other Protective Covenants hereinabove referred to; and WHEREAS, all of said Protective Covenants were recorded in the Office of the Recorder of Deeds, DuPage County, Illinois on the following dates and identified by the following document numbers: Properties COVENANTS Document Date Covenants Doc. No. ORIGINAL SUBDIVISION November 24, 1952 Document # ST ADDITION March 18, 1953 Document # ND ADDITION August 21, 1953 Document # RD ADDITION August 21,.1953 Document # TH ADDITION March 30, 1954 Document # TH ADDITION March 30, 1954 Document # TH ADDITION (Partial A) October 15, 1954 Document # TH ADDITION (Partial B) June 23, 1955 Document # Portions of Hall's Sept. 29, 1966 Document # R Subdivision 1985 General Revision October... 8, 1985 Document #R and..., -6-

7 WHEREAS, the first paragraph of Article One of each of said Protective Covenants reads as follows: : "These covenants are run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1985, at which time said covenants shall be, automatically extended for successive periods of ten years unless by majority vote of the then owners of the lots hereinafter legally described, it is agreed to change or modify said covenants, or anyone thereof, in whole or in part."; and WHEREAS, by executing and causing to be recorded identical Protective Covenants, the then owners of the lands described therein evidenced their desires and intentions to join in a single plan for the collective protection and development of all of said properties comprising Golfview hills; and WHEREAS, in accordance with said Protective Covenants, Golfview Hills has been developed as a residential community of single family, detached residences; and WHEREAS, i tis the desire and intention of the Owners to confirm for their own benefit and for the benefit of all future owners and occupants of Golfview Hills, or any part thereof, the subjection of all the real property in Golfview Hills to the restrictions, covenants, reservations, easements, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said property and. for each Owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel thereof, and shall apply to and bind.the successors in interest and any Owner thereof. NOW, THEREFORE, Owners hereby declare that the real property hereinabove described is, and shall be held, transferred, occupied, sold and conveyed subject to the following covenants, conditions, easements, restrictions, reservations, charges and liens which shall run with the real property, be binding on all parties having any right, title or interest therein, their heirs, successors and.. assigns and shall inure to the benefit of each.owner thereof. _.': ~J -. '. -.;.,'-:.. ". :, ~'.,:.'

8 ARTICLE ONE Section 1. Purposes: The real property described herein is subjected to the covenants, restrictions, conditions, easements, reservations, liens and charges hereby declared to insure the most appropriate development and improvement of each building site thereof; to protect the owners of the buildings erected thereon against such improper use of surrounding building sites as will depreciate the value of their property; to guard against the erection 'of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to prevent haphazard and inharmonious improvements of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement of said property and thereby to enhance the values of investments made by owners of building sites therein and buildings erected thereon. Section 2. Duration: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until March 1, 2005, at which time said covenants shall be automatically extended for successive periods of ten years unless by majority vote of the then owners of the lots hereinabove legally described, it is agreed to amend or modify said covenants, or anyone thereof, in whole or in part. Section 3. Authority and Control: The Golfview Hills Homes Association (hereinafter "Association"), a not-for-profit corporation, previously organized pursuant to the provisions of all of the Protective Covenants referred to in the Preamble above set forth~ its successors or assigns, shall exercise control of all properties in Golfview Hills with respect to conformance with the restrictions and covenants herein created and shall adopt such rules and regulations for the enforcement thereof as it shall deem necessary and prudent. In furtherance of said authority, it is empowered to make such variations of the terms of these covenants as it shall deem to be in the best interests of the Association. No open violation of the covenants shall be deemed to release any of the parties from their obligations under these covenants by reason of said violation. Section 4. Enforcement: If the parties hereto, or any of 'them, or their heirs, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the,association or any person or persons pwning any real property situated in Golfview Hills to prosecute any proceedings at law or "in equity against the person or persons violating or attempting to ",c(viblate any such covenant and either to prevent him or them' from so :,,:,doing or" to recover damages or other dues for such violation or to 'compel him or them to replace, or restore any grades for drainage ':or, enforce any of these covenants and restrictions herein "'contained. -8- l-j

9 ARTICLE TWO The owners acknowledge that prior to January 1, 1985, certain exceptions were made to some of the restrictions set forth in the Protective Covenants heretofore described. However, said owners hereby agree that henceforth, unless otherwise permitted by the Association, the covenants, restrictions, conditions, easements,," reservations, liens and charges hereinafter set forth shall be enforced against all property subject thereto. Section 1. Plan Approval: No building, fence or equipment shed shall be erected, placed or altered on any premises in Golfview Hills until the plans therefor have been approved in writing by the Association as to conformity and harmony of external design with existing ~tructures in Golfview Hills. Section 2. Use Restriction: Except as may be authorized by the Association, no lot shall be used except for residential purposes and no building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed one story in height and a private garage for not more than two cars. Section 3. Minimum Construction Cost: No dwelling shall be constructed on any lot at a cost of less than Fifty Thousand Dollars ($50,000.00) based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one story open porches and garages, shall be not less than 800 square feet for the one story dwelling. Section 4. Location of Buildings: No building shall be 'located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat of subdivision wherein such lot is located. In any event, no building, shall be located nearer than 27 feet to the front lot line on any street, (except for lots on Madison street and 55th street, where the front building line is 35 feet). No building, except as hereinafter set north, shall be located nearer than 10 feet to any interior side lot line. No 'detached garage or 'other detached accessory buildings, shall be located nearer than 50,feet from the front building line, nor nearer than 3 feet from any rinterior side lot line, nor nearer than 3 feet from any easement /,line.' For the purpose of these covenants, eaves, steps and open ::;:porches shall not be considered 'as a part of a building, provided,,\'f??}however~ that this shall not 'be construed to permit any portion of»<;:ra building on a lot to encroach upon another lot. -9-

10 Section 5. ~nimum Lot Area: No dwelling shall be erected or placed on any lot having a land area less than 10,800 square feet. Section 6. Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear eight feet of each lot. Section 7. Prohibited Uses: No unlawful, noxious or offensive activity shall,be carried on upon any lot, nor shall anything be done thereon, either willfully or negligently, which may be or become an annoyance or nuisance to other owners or occupants. Section 8. Tree Removal: No owner or occupant of any lot shall permit or allow to remain therein or thereon any dead, or substantially dead, tree, or tree determined by the Association, by means of laboratory analysis, to be infected with the fungus known as Dutch Elm disease, or with any other diseases which are liable to spread to other trees or plants and shall remove and properly dispose of the same within thirty (30) days of receipt by such owner or occupant of a written request from the Association so to do; provided that any such diseased tree, while undergoing a regular course of treatment designed to eliminate or eradicate such disease and while application of said treatment is under the direction of a tree expert licensed by the state Department of Registration and Education shall be exempt from the provisions of this Section. Failure of such owner or occupant to comply with said request within the time permitted shall be deemed a grant of authority from the owner or occupant to the Association to cause the removal and disposition of any such trees and within sixty (60) days of removal and disposition of the same by the Association, it shall cause a lien to be filed in the Office of the Recorder of Deeds of DuPage County against such lot in the amount of money representing the cost and expense incurred in removing and disposing of any such tree. Section 9. Accessory Uses: Except as may be authorized by the Association, no free-standing shed, shack, lean-to or other accessory structure, whether intended for temporary or permanent use, shall be constructed or maintained on any lot, nor shall any structure of a temporary character, trailer, basement, tent, shack,. garage, barn or other outbuilding be used on any lot at any time as a residence, either temporarily or permanently....~. ". Section 10. Animals: No animals, rabbits, livestock, fowl or poultry of any kind' shall be raised,' bred or kept on any lot, except that dogs, cats or other household pets may be kept, subject to. rules and regulations adopted by the Association, provided they are'ilot kept, bredo:r: 'maintained for any commercial purpose.,' :...".. :.... " :.. ~": -. ~.;..... "::'10~' '... ". ~.

11 Section 11. Waste Management: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Refuse receptacles to be emptied or removed by commercial scavengers may be placed at the curb only after 5:00 o'clock p.m. on the day prior to the day assigned for pickup and all empty containers must be removed by 10:00 o'clock p.m. on the day of pickup. In addition, the Association is authorized to adopt such rules and regulations concerning the removal or storage of trash as are not inconsistent herewith. Section 12. Signs: No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square 'foot, one sign of not more than five square feet advertising the property is for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. An Owner attempting to sell a property may locate additional advertising signs at the entrance rights-of-way and corner rights-of-way of Golfview Hills only during the duration of an active realtor open house or a public open house, at the end of which the signs shall be removed. Section 13. Maintenance of Sight-Lines: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or, in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line Wlth the edge or a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines... '... ' Section 14. Drive-Ways: Subsequent to January 1, 1985, all. new or replacement driveways shall be constructed of concrete, brick or asphalt, and shall conform to the grade of the existing ground. Except as may be authorized by the Association, no drive may extend closer than eighteen (18) inches to the side lot line. No vehicles may be parked on any part of a lot except that part designated for driveways and/or garages. Those parts of lots. designated for driveways and garages shall not be used for parking of any vehicles until and unless the driveways or garage approaches are completed...;..':.. ::' :';'~'.....:.,.:..,.. ":' '. ~ '.'.-.:... ' ~ -11":'. """',

12 Section 15. Fences: No fence or wall shall be permitted to extend nearer to any street than the minimum building set-back line, and in the case of a corner building, set-back lines on both streets must be observed; provided, however, that a hedge or mass planting shall be permitted within the lot lines of each building site, provided that any such hedge or mass planting at any street intersection, shall no~ be of a height to obstruct tr?l-ffic vision or constitute a traffic hazard. In addition, the Association is authorized to adopt such rules and regulations concerning the erection and,construction of fences as are not inconsistent herewith. Section 16. Maintenance of Front and Side Yards: Unless otherwise permitted by the Association, no inoperable, abandoned or unlicensed motor vehicles, nor any trailers, boats, motor homes, recreational vehicles; portable signs, solar panels, saucer-type satellite antennae or similar structures or vehicles shall be located, stored, constructed, maintained or allowed to remain on any lot nearer to the front lot line or nearer to the side street line than the minimum building set-back lines shown on the recorded plat of subdivision wherein such lot is located. Section 17. Equipment Sheds: In general, the DuPage County rules regarding the placement and construction of sheds shall apply except as further stipulated herein. Section 1 of this Article Two shall apply to Equipment Sheds. There shall be no more than one independent, free-standing, single-story shed on each property. Lean-to sheds are not permitted. The maximum size shall be 120 square feet in floor area. Sheds shall be constructed on platforms of wood or concrete (poured or blocks) set in gravel. Erection on turf or dirt is not permitted. In addition, the Association is authorized to adopt such rules and regulations concerning the placement, erection and construction of equipment sheds as are not inconsistent herewith. ARTICLE THREE The owners, or owners of each lot to which these covenants apply, shall be entitied, collectively, to one membership in the Association and to participate in the operation of the Association in accordance with the By-Laws of said Association. IN WITNESS WHEREOF, the undersigned, as Owners, have caused these presents to.beexecuted and made effective at Golfview Hills, DuPage County,,Il:!..inois,... this 1st day of March, (See Group. Exhibit. "A" attachedhe:r;eto, consisting of the ballots that were properly voted upon during January and February, 1995.) -12-