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O-79-05 10/12/2005i If RI is Doc #: 0629839036 Fee: $82.50 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Reoorder of Deeds Date: 10/25/2006 01:29 PM Pg: 1 of 30 ORDINANCE NO. V 7, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 1315T STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12's DAY OF OCTOBER, 2005 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS 12"' DAY OF OCTOBER, 2005 MAIL TO: VILLAGE OF LEMONT 418 MAIN STREET LEMONT, IL 60439 ORDINANCE No. 4L1 % 1 ' o AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 131ST STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12m DAY OF OCTOBER, 2005 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS 12"' DAY OF OCTOBER, 2005 ORDINANCE No. 0 - 99-06- Q6- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 68 ACRE PARCEL LOCATED AT THE NORTH SIDE OF 131ST STREET, APPROXIMATELY 1300 FEET WEST OF BELL ROAD, LEMONT, ILLINOIS (HOMEWERKS) WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein; and WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS, on this 12'h day of October, 2005. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Johni Attest: AYES NAYS ABSTAIN ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 12th day of October, 2005 VILLAGE OF LEMONT ANNEXATION AGREEMENT Glens of Connemara HomeWerks - Lemont, LLC HomeWerks Development Company ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Final Plat Approval IV Required Improvements V Dedication and Construction of Streets, Sidewalks, Miscellaneous VI Easements and Utilities VII Notification Requirements - Utility Facilities VIII Contributions and Annexation Fees IX Utility Construction Participation and Recapture X Development Codes and Ordinances and General Matters XI Development Standards XII Model Homes XIII Subdivision Entrance Signage XIV Approval of Plans XV Notice of Violations XVI Maintenance Guarantee XVII Damage to Public Improvements XVIII Binding Effect and Term and Covenants Running with the Land XIX Notices XX Certificates of Occupancy XXI Reimbursement to Village XXII Warranties and Representations XXIII Continuity of Obligations XXIV No Waiver or Relinquishment of Right to Enforce Agreement XXV Village Approval or Direction XXVI Singular and Plural XXVII Section Headings and Subheadings XXVIII Recording XXIX Authorization to Execute XXX Amendment XXXI Counterparts XXXII Curing Default XXXIII Conflicts Between the Text and Exhibits XXXIV Severability XXXV Definition of the Village XXXVI Execution of this Agreement ii EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property C Plat of Subdivision D Site Plan / Engineering Plan E Tree Preservation Plan F Landscape Plan G Glens of Connemara Declaration of Covenants, Conditions and Restrictions H Recapture Area Map, 131st street sanitary relief sewer and offsite water main extension I Engineer Opinion of Probable Cost iii ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of October, 2005, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and HomeWerks - Lemont, LLC (hereinafter referred to as "OWNER "); and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY ", the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and, WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the VILLAGE would extend its water and sewer systems to serve the TERRITORY and other property; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: 1 I ANNEXATION 1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of this agreement, 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as R-4 PUD Single Family Detached Residence District. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been conducted upon proper notice, and no further action need be taken by the OWNERS to cause the TERRITORY to be zoned as a R -4 PUD Single Family Detached Residence District once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with the Plat of Subdivision and Site Plan and Engineering Plan, attached hereto and incorporated herein as Exhibits "C" and "D ", with the following variations from the Lemont Zoning Ordinance and Subdivision Regulations: 1. The maximum depth of storm water storage above normal water level within wet detention basin shall be six (6) feet for detention basins A & C rather tan 4' (Subdivision regulation 7.02 -A.10 2. Single Family Residential side yard setback shall be 10' rather than 15' (Zoning Code Sec. VII E 7 a 2 b). 3. Entrance monument as shown on landscape plan. 2. The TERRITORY shall be developed in accordance with the Plat of Subdivision, prepared by CM Lovoie, dated 8- 05 -05; and in substantial conformance with: Simplified Engineering Plan prepared by CM Lovoie, dated 08 -08 -05 Final Engineering Plans prepared by CM Lovoie, dated 08 -31 -05 (not yet approved by Village) 2 Final Engineering — Mass Grading and Erosion Control only prepared by CM Lovie dated 09 -06 -05 Tree preservation Plan (Tree Location Map) prepared by CM Lovoie, dated 02 -01 -04 Landscape Plan prepared by Ives /By Ryan Group, Inc. Glens of Connemara Declaration of Covenant, Conditions and Restrictions Meltzer, Purtill & Stele, LLC 3. Building Permits. Within 30 days after receipt of an application by OWNERS for a building permit for construction of any buildings, or other improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit specifying the basis of said denial by reference to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement, which the subject construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days after satisfaction by the OWNER of the specified conditions. Any stop order issued by the VILLAGE directing work stoppage on any building or other improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code allegedly violated by the OWNER and shall give the OWNER 30 days in which to cure or diligently commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. Such order shall be limited to the building or structure where such alleged violation is located, and shall not apply to stop construction of any other building or structure properly under permit. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. 4. The VILLAGE agrees to sign the OWNER'S completed MWRDGC permit application, provided it complies with approved engineering, with in 10 business days of receipt by the VILLAGE of an acceptable and complete permit application. The VILLAGE agrees to sign or as applicable be permittee in relation to such other governmental approvals as may be required to develop the property in conformance with the Subdivision and Engineering plans, including off -site work. The Village agrees to construct and be permittee for sanitary sewer work from the property boundary to the point of connection with the MWRDGC interceptor and to construct and be permittee for a water system extension from existing Lemont water system to the property. The Village's agreement to construct said Public Improvements is subject to the Owner depositing funds or Letter of Credit and/or Order of Court sufficient to satisfy the Village that there are adequate funds necessary to construct, improve and complete Public Improvements. The determination of sufficient funds shall be based upon the Village's cost estimate, which shall be made in a reasonable manor, plus 15 %. 3 5. The VILLAGE and the OWNER restate and agree to the provisions of VILLAGE Resolution R -28 -04 Approving Preliminary Plat of Subdivision, except as to items 10 and 12, related to sanitary sewer routing, as the Village agrees to obtain the route for and construct the off -site sewer and water system extension to serve the property, per section IV (1,2) of this Agreement. Village Staff recommends approval of the annexation, zoning upon annexation to R -4 PUD, final planned development and preliminary and final plat of subdivision for the Glens of Connemara with the following conditions: 1) School, park, library and fire protection district donations shall be required as a condition of annexation and plat approval. 2) The bicycle path (10 foot width) shall be extended north to a point just east of the north boundary of the subject property. The Plan Commission encourages the Park District to use the cash contribution in part to extend the bike path system to 123rd Street (McCarthy Road). 3) As acknowledged by the project engineer's letter, a "no access" restriction should be noted on the 131st Street frontage of the final plat. 4) The lift station pump house should be designed to Village standard specifications. 5) Provide homeowners association documents including, but not limited to, plans for ownership and maintenance of storm water detention areas and landscape outlots on the two short cul -de- sacs. (Village will maintain dry basins.)(At Village request a back —up SSA shall be established to provide for wet basin maintenance). 6) A minimum of 50 percent of the exterior of dwellings shall be brick by restrictive covenant. 7) A maximum of 50 percent of the dwellings shall have a "front loaded" (garage opening on front elevation) garage design and the remainder shall be "side- loaded" (garage opening on a side elevation). 8) Public utility and drainage easements shall be wider as necessary on lots where underground piping or emergency overflow routes are planned. 9) Prior to final plat approval, documentation of lease, easement or license agreements between the petitioner and Com Ed for bike path, storm detention, street crossing and utility crossing purposes should be submitted for review. 10) Provide a traffic study (or addendum to a previous traffic study, if applicable) for Village review. 11) A tree preservation plan that illustrates trees to be preserved, removed, or transplanted is required. 12) The landscape plan should specify that the off -street parking near model home lots 2 & 3 is temporary and provide a detail of its replacement by landscaping. 13) Final plans should be revised in response to review comments by the Acting Village Engineer. 14) The Developer shall obtain an agreement with the Lemont Park District to accept the park and bike path donations. 15) Minimum interior side yards of ten feet are acceptable in consideration of the bicycle path system provided as an open space amenity in the subdivision. 4 6. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, the current requirement of Lemont as to lot dimension, lot area, yard, setback and home size and dimension restrictions (if any) shall continue to be applicable to the property; and no use permitted under the R -4 PUD at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R -4 PUD and permitting single family development. III FINAL PLAT APPROVAL The Village accepts and approves the Final Plat of Subdivision, attached as exhibit C hereto. In relation to the Final Plat approval, the OWNER shall: 1. Provide enhanced rear lot line landscape screening on lots 9 through 14. Such screening shall include at least two 5' evergreens per lot. 2. Provide notice to purchasers of lots a Statement of Awareness for buyers of dwellings to acknowledge the location of the gas pipeline generating facility east of lots 9 -14. 3. A traffic calming method shall be included in the final engineering at the ComEd ROW crossings. 4. Dedication of road right -of -way, measuring fifty (50) feet from the roadway centerline, shall be required along 131st Street. IV REQUIRED IMPROVEMENTS 1. Water Supply. OWNER shall construct and install at their expense all necessary on- site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. The Village agrees to use its best effort to construct and complete the water line(s) for service to the TERRITORY, by Fall 2006. Such 5 water lines to be constructed substantially as shown in exhibit H. The promise of the VILLAGE is contingent upon satisfaction of conditions set forth in Article II, (4). 2. Sanitary and Storm Sewers. OWNER shall construct and install at their expense all necessary on -site sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. OWNER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap -on fees required by the Village shall not be waived. All detention areas and storm sewers shall be owned and maintained by the OWNER, with right of access by the VILLAGE for emergency maintenance purposes. The Village agrees to use its best effort to construct and complete the sanitary sewer line(s) for service to the TERRITORY, by Fall 2006. Such sewer system to be constructed substantially as shown on Exhibit H. The promise of the VILLAGE is contingent upon satisfaction of conditions set forth in Article II, (4). 3. Detention Areas. OWNER agrees to construct four (4) detention basins in accordance with the VILLAGE standards with the exception of the maximum depth, which shall be 6 feet of storm water storage above normal water level in basins B and C. Only basin B and C shall be wet. OWNER shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide a sufficient credit to pay the taxes on the detention areas until a government exemption has been granted to the VILLAGE (or if applicable an HOA $1 assessment has been obtained). Detention areas may be deeded over to the VILLAGE upon completion of all public improvements except the surface course, street trees and sidewalk. OWNER agrees to maintain areas through the maintenance period. 4. Open Space. OWNER will convey approximately 2.291 acres, as shown on the Plat of Subdivision set forth as Exhibit "C ", to the Lemont Park District. OWNER, as illustrated in Exhibit "C" , shall construct bike path on ComEd ROW, with the Village or the Park District as licensee, the location and width of said path shall be approved with the Final Engineering Plans. Owner shall provide Title Insurance in the amount of the current market value, pay all real estate taxes, and provide a sufficient credit to pay the taxes on the open space areas until a government exemption has been granted to the Park District (or if applicable an HOA $1 assessment has been paid). 6 5. All public improvements, which shall be completed within two years after commencement of construction, shall be inspected by the VILLAGE upon completion and if they are found to be in compliance with the requirements of the VILLAGE'S Code and in accordance with the final engineering plans they shall thereupon, without unreasonable delay, be accepted by the VILLAGE as described in this Agreement. The OWNER shall request acceptance in writing and shall provide the VILLAGE with a bill of sale for the public improvements to be conveyed and a maintenance guarantee in the form of a letter of credit in an amount of ten percent of the original amount of the letter of credit. Said maintenance guarantee shall be available to the VILLAGE for a period of two (2) years after the effective date of acceptance of the public improvements. V DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Streets. All streets shall be constructed in accordance with the Final Engineering plans approved by the VILLAGE. Also, OWNER shall be required to keep all public streets adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned at least once a week. 2. Dedications. No further dedication of right -of -way is required provided that a 50 -foot wide right -of -way as measured from the center line of 131S` Street Road has been dedicated previously. 3. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of the commencement of construction in the TERRITORY. A Parkway Tree Plan and data sheet shall be included in the Final Landscaping Plan, which shall be submitted to the Community Development Department and consulting Village Arborist for review prior to final plat approval. This plan shall specify the number of street trees and the type of street trees assigned to each lot. 7 4. Construction Hours. The Owner shall be responsible for strict observation of the construction hours regulations of the VILLAGE on behalf of all persons and companies engaged in construction activity by Owner within the DEVELOPMENT related to the installation of public improvement. It is agreed that the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to enforce its construction hour's regulations. The penalty for construction hours violations shall be imposed against only the lot where the violation is found to have occurred. 5. Maintenance. The OWNER shall be responsible for maintenance of the streets, including any damage incidental to the construction of dwellings in the subdivision by other contractors, their subcontractors or suppliers, until acceptance by VILLAGE. 6. Design and Standards. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. 7. Debris. OWNER shall be required to keep all streets within and adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned regularly. Define. 8. Dedications. The dedication of 50' of ROW is required for 131st Street where it abuts the TERRITORY. 9. Street Lights. OWNER shall be required to install streetlights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 10. Sidewalks. OWNER shall be required to construct sidewalks in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 11. Sidewalks and Street Trees. The cost of any sidewalks and street trees to be installed on public ROW shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of the commencement of construction in the TERRITORY. A Parkway Tree Plan and data sheet 8 shall be included in the Final Landscaping Plan, which shall be submitted to the Community Development Department and consulting Village Arborist for review prior to final plat approval. This plan shall specify the number of street trees and the type of street trees assigned to each lot. VI EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all necessary easements within the TERRITORY for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, subject to the provisions of the Subdivision Control Ordinance, which may serve not only the TERRITORY, but other TERRITORY in the general area, if requested by the VILLAGE in the future. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER' option, upon approval of the respective utility company. The VILLAGE shall provide water and sewer service to the property line as provided herein, subject to provisions of Section II, paragraph 4 of this agreement. The VILLAGE shall obtain all required easements or ROW dedication for such work. VII NOTIFICATION REQUIREMENTS - UTILITY FACILITIES OWNER and OWNER'S assigns agree to notify all persons contracting for purchase of lots of the location of the electric power lines and crossing the site, and the purchasers of lots 9 -14 will be notified of the gas pipeline facilities east of the site and the noise associated with this adjacent use. 9 VIII CONTRIBUTIONS AND ANNEXATION FEES 1. The OWNER shall make land and/or cash contributions prior to recording of the final plat, unless specified. If a final development plan or Plat of Subdivision is filed within one (1) year of the effective date of this Agreement, the required contributions shall be as follows: Land Donation Cash Donation Library Donation $22,930 LFPD Donation $41,720 ($298 per lot) Park Donation 2.29 $268,000 School Donation Elementary (K- 8) $204,541.94 High School (9 -12) $92,326.96 Village of Lemont Annexation Fee Tap on — Water and Sewer* Water Contribution Fee* Total *See Paragraph 3 of this Article $35,000 ($250 per lot) $700,000 ($5,000 per lot at time of issuing building permit)) $140,000 ($1,000 per lot at time of issuing building permit) $1,504,518.90 plus 2.29 acres of land $664,518.90 payable upon recording of final plat $840,000 payable at time of building permits 2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of the Agreement, the afore said contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time such final plan of Plat is submitted to the VILLAGE. 3. All of the fees referred to above will be paid upon recording of the Final Plat of Subdivision except that the water contribution fee shall be paid in One Thousand Dollar ($1,000.00) increments and the water and sewer tap on fee, paid in Five Thousand Dollar increments ($5,000.00), will be paid at the time of issuance of a Building Permit on each individual lot. 4. Contributions Agreement. OWNER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate 10 governmental interests of the VILLAGE, including, but not limited t, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. IX UTILITY CONSTRUCTION PARTICIPATION AND RECAPTURE The OWNER and the VILLAGE shall enter a RECAPTURE AGREEMENT as provided by 65 ILCS 5/9 -5 -1 or such other applicable law in relation to the Owner funding the Village construction of regional water and sewer system replacement, improvement and extension to serve the TERRITORY and other property inside and outside the VILLAGE. Such agreement shall provide for the Village to impose and collect a fee from owners of property proposed to be served by the system prior to VILLAGE issuance of building permits or plats of subdivision which entail estimated expected connection to such system. No permit nor connection shall be permitted by the Village in the absence of payment of such recapture fee. The VILLAGE shall reimburse OWNER upon Village approval of connection to such system(s) of the proportionate cost of such facilities. The agreement shall describe the areas reasonably expected to benefit from such facilities, and shall specify the proportion of the cost of such facilities primarily for the benefit of the various properties. Maps of the proposed water and sewer system replacement, improvement and extension and of areas proposed to be served and reasonably expected to benefit from the availability of such systems and by such utility system extension are attached as exhibit H. An engineers estimate approved by VILLAGE of the estimated cost of the components of the system, and the allocation of the cost of the various components to the various areas to be served is attached as exhibit I and entitles "Preliminary Engineering, engineers opinion is probably cost ". X DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS. The development of the TERRITORY annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued. Planning and engineering designs and standards shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. 11 No occupancy permit shall be issued for any for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by OWNER may be commenced at any time after OWNER has delivered to VILLAGE an irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of 115% of the OWNER Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the OWNER for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used for time - sensitive payment purposes. The VILLAGE agrees to promptly reduce the letter of credit upon request by OWNER and verification of the completion of components of the Work by the VILLAGE engineer. The VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. The OWNER shall not be entitled to obtain any building permits, except for site development and for Model Homes as provided for in Article XII, and one temporary development sign permit as provided in the temporary sign regulations of the VILLAGE Zoning Ordinance but shall not be entitled to construct any model units, sales and/or rental offices or any other appurtenant facilities unless and until the proper letter of credit or cash deposit has been made to the VILLAGE in accordance with the Subdivision Regulations of the VILLAGE. The letter of credit or cash deposit shall specifically include an amount to cover the cost of street trees and sidewalks as required by the Subdivision Regulations and this Agreement. THE VILLAGE AGREES TO ISSUE SITE DEVELOPMENT PERMIT(S) AT THE REQUEST OF OWNER ONCE ENGINEERING HAS BEEN APPROVED, EVEN IF THE PLAT OF SUBDIVISION HAS NOT THEN BEEN FINALLY APPROVED AND RECORDED. SUCH PERMIT, IF GRANTED SHALL BE GRANTED AT THE OWNERS'S RISK AND THAT THE OWNER ACKNOWLEDGES THAT ENGINEERING FINAL PLAT APPROVAL AND OTHER CONDITIONS MAY EFFECT THE SITE DEVELOPMENT PERMIT AND IMPROVEMENT COST. All public improvements shall be constructed and initiated within two (2) years from the date of approval of the Plat of Subdivision; however, if the completion date falls after September 30th, the date shall be the following May 30th. Further, no earthwork shall be done in any area tentatively identified as wetlands until an appropriate permit or permission has been obtained and such permit or permission is shown to the VILLAGE. The Plat of Subdivision shall contain such restrictive covenants, public utility and easement provisions as are or were required by the President and Board of Trustees as a condition to approval of the Plat of Subdivision. 12 OWNER, at OWNER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. OWNER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within the ten (10) day notice period. XI DEVELOPMENT STANDARDS The development of the TERRITORY shall be substantially consistent with the "Glens of Connemara Declaration of Covenants, Conditions and Restrictions" attached hereto as Exhibit "G" which shall be recorded by the Owner at the time of recording of the Plat of Subdivision and shall not be amended, changed or altered without the approval of the VILLAGE, said approval shall not be unreasonably withheld. Any proposed amendments shall be submitted to the VILLAGE in writing and unless the Owner is notified of the VILLAGE'S disapproval within twenty -one (21) days of receipt of the written notice, the proposed amendment shall be deemed approved and the Owner may record the amendment. XII MODEL HOMES The OWNER may obtain building permits for no more than six (6) model homes to be constructed on lots , and for a temporary construction office. Temporary Occupancy shall be issued for the model homes for model use and sale office occupancy (but not for residential occupancy), provided adequate temporary water and sewer facilities are provided and access roads have been improved with a binder course. This Article shall not limit the number of model homes after Subdivision improvements have been installed (i.e. - sewer, water, detention, binder course on streets). 13 The OWNER may locate one temporary construction office on the site prior to the availability of utility service of sanitary facilities, but the Village may require temporary sanitary facilities. XIII SUBDIVISION ENTRANCE SIGN The Subdivision entrance sign shall be constructed of a stone material and located in an area that is in an easement or separate lot and shall provide for the perpetual care, maintenance and restoration by a Homeowners' Association. XIV APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. Provided for in Para II (3) XV NOTICE OF VIOLATIONS XVI MAINTENANCE GUARANTEE At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the form of a letter of credit (LOC) in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twenty -four (24) months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. 14 XVII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XVIII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor owner's of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -of -way to the VILLAGE and the developmental standards established herein shall constitute covenants which shall run with the land. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action, mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XIX NOTICES Unless otherwise notified in writing, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: . Village Clerk 418 Main Street Lemont, IL 60439 15 For OWNER: HomeWerks - Lemont, LLC c/o HomeWerks Development Co. 700 E. Diehl Road, Suite 130 Naperville IL 60563 Angelo Palumbo HomeWerks Development Co. 700 E. Diehl Road, Suite 130 Naperville IL 60563 Matthew M Klein 322 W. Burlington LaGrange, IL 60525 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XX CERTIFICATES OF OCCUPANCY 1. Within five (5) days after request by OWNER for a final inspection of a building within the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or issue a letter of denial of a certificate of occupancy identifying the correction necessary as a condition of a certificate of occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for structures between November 1st and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such structure (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XXI REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The OWNERS/DEVELOPER, concurrently with annexation and zoning of the property or so much thereof as required, shall reimburse the VILLAGE for the following expenses incurred in the preparation and review of this Agreement, and any ordinances, letters of credits, plats, easements or other documents relating to the 16 TERRITORY: a. all attorney's fees incurred by the VILLAGE; and b. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and copying expenses; and c. cost incurred by the Village for a comprehensive storm water management plan in this area. Cost incurred by the OWNER/DEVELOPER, may be recovered under the recapture agreement. 2. From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through its President, OWNERS/DEVELOPER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, including and limited to engineering fees, cost of any easements, attomey's fees and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances, and other documents required hereunder, and the negotiation and preparation of letters of credit and escrow agreements to be entered into as security for the completion of land improvements. Such costs and expenses incurred by the VILLAGE in the administration of the Agreement shall be evidence to the OWNERS/DEVELOPER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER/DEVELOPER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNERS/DEVELOPER. Notwithstanding the immediately preceding paragraph, OWNERS/DEVELOPER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event that any third party or parties institute any legal proceedings against the OWNER/DEVELOPR and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNERS/DEVELOPER, upon written notice from VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating thereto: provided, however: a. OWNERS/DEVELOPER shall not make any settlement or compromise of the lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE, which approval shall not be unreasonable withheld. b. If the VILLAGE, in its sole discretion, determines there is or may probably be, a 17 conflict of interest between VILLAGE and OWNERS/DEVELOPER, on an issue of importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then OWNERS/DEVELOPER shall reimburse the VILLAGE from time to time on written demand from the President of VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of OWNERS /DEVELOPER to reimburse VILLAGE under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought within one (1) year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions of unlawful conduct of VILLAGE and not the OWNERS /DEVELOPER. In the event the VILLAGE institutes legal proceedings against OWNERS/DEVELOPER for violation of this Agreement, and secured a judgment in its favor, the court having jurisdiction thereof shall determine and include in its judgment all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attomey's fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. XXII WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 3 hereof is the OWNER as legal title holder. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 4. That OWNER has provided the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. 18 XXHI CONTINUITY OF OBLIGATIONS Notwithstanding any provisions of this Agreement to the contrary, including but not limited to the sale and/or conveyance of all or any part of the TERRITORY by OWNER, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released OWNER and from any all of such obligations. XXIV NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XXV VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met unless such requirements are inconsistent with this Agreement. XXVI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXVII SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for general aid of the reader and shall not limit the plain meaning or application of any of the provisions there under whether covered or relevant to such heading or not. 19 XXVIII RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER within 30 days after the execution hereof. XXIX AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. XXX AMENDMENT This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the parties hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. XXXI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXXII CURING DEFAULT It is understood by the parties hereto that time is of the essence of this Agreement. The parties to this. Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. XXXIII CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. 20 XXXIV SEVERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXXV DEFINITION OF VILLAGE When the term VILLAGE is used herein it shall be construed as referring to the Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise. 21 XXXVI EXECUTION OF AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. Village Clerk OWNER: HomeWerks - Lemont, LLC By: HomeWer By: Develo VILLAGE OF LEMONT an Illinois Municipal Corp. ation By: ment Company, Manager Presi 22 Village President ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that JOHN PIAZZA personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVE der my hand and official seal, this ( 7 , day of Ca r 1 rl 2G 41 20 0 S' . ke Sit-WI-LA/ Notary Public My commission expires o C3 STATE OF ILLINOIS) ) SS. COUNTY OF COOK) ,200-5 . OFFICIAL SEAL ROSEMAY YATES ROTARY OOM 6 ION SYPTAS 3. 13.2006 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named , personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this Notary Public day of , 20 . My commission expires , 20 23 C 1Mv 11rcum ncs1WP Ibc.Wm,e We tsV.mmmtAmmvunmVimm: Alma 7-21 wpd.wpd Exhibit A Legal Description TAX PARCEL ID #22 -23 -20 -013 PARCEL 1: THE SOUTH 1/2 OF THE EAST 1/7 OF THE WEST 7/8 OF THE WEST / OF THE NORTHEAST IA OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 1/2 OF THE EAST 1/8 OF THE WEST 1/2 OF THE NORTHEAST 1/4 , EXCEPT THE EAST 30 FEET; ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 , A DISTANCE OF 100 FEET; THENCE SOUTHEASTRLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 70 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING, ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH 1/2; ALSO EXCEPT THAT PART OF THE NORTH 1/2 THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 1/2 OF THE THIRD PRINCIPAL MERIDIAN; AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE WEST ALONG THE NORTH LINE OF SAID 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST 1/2 WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; ALSO EXCEPT THE SOUTH 1/2 OF THE EAST 1/8 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SECTION 35; ALSO EXCEPTING THEREFROM THE SOUTH 1/2 OF THE EAST 1/7 OF THE WEST 7/8 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SECTION 35; ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST 3/4 OF THE SOUTH 1/2 OF THE WEST 1/2 OF SAID NORTHEAST 1/4 OF SAID NORTHEAST 1/4 OF SECTION 35, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THAT PART OF 4 PARCEL 3 NORTH AND ADJOINING THERETO, AS CREATED BY GRANT OF EASEMENT BY COMMONWEALTH EDISON COMPANY RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829279 OVER THAT PART OF THE LAND DEPICTRED ON EXHIBIT `B" ATTACHED THERETO. PARCEL 5: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THAT PART OF PARCEL 3 NORTH AND ADJOINING THERETO, AS CREATED BY GRANT OF EASEMENT BY COMMONWEALTH EDISON COMPANY RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829280 OVER THAT PART OF THE LAND DEPICTED ON EXHIBIT `B" ATTACHED THERETO. PARCEL 6: EASEMENT FOR THE BENEFIT OF PARCEL 3 AS CREATED BY STORM SEWER EASEMENT RECORDED NOVEMBER 24, 2003 AS DOCUMENT 0332829281 FROM COMMONWEALTH EDISON COMPANY TO HOMEWERKS - LEMONT, LLC FOR THE CONSTRUCTION AND MAINTENANCE OF A STORM SEWER OVER THAT PART OF THE LAND DEPICTED ON EXHIBIT `B" ATTACHED THERETO. 5 ! r PROJECT MANAGER: MCC 000000 o00000 000000c O O O O m h 101111010 N N N p N .. 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N r r 0 N O 6 • ___ U n QFj_C0 NN N� l0 �`� Z ▪ o ^ 0 N N.- 6 5 `> 4 OI n 00 zw w O C a ta A E 0 9 8 9 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MELTZER, PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-54310 ellitArrp ABOVE SPACE FOR RECORDER'S USE ONLY 31069 \006 \0002 jNOTE: BLANKS IN 1.18, 9.051 DECLARATION FOR THE GLENS OF CONNEMARA TABLE OF CONTENTS 09/492$/0405 ARTICLE ONE Definitions 2 1.01 ASSOCIATION 2 1.02 BOARD 2 1.03 BY -LAWS 2 1.04 CHARGES 2 1.05 COMMUNITY AREA 2 1.06 COMMUNITY ASSESSMENT 2 1.07 COMMUNITY EXPENSES 2 1.08 COUNTY 3 1.09 DECLARANT 3 1.10 DECLARATION 3 1.11 DEVELOPMENT AREA 3 1.12 HOME 3 1.13 LOT 3 1.14 MORTGAGEE 3 1.15 MUNICIPALITY 3 1.16 OWNER 3 1.17 PERSON 3 1.18 PLAT 3 1.19 PREMISES 3 1.20 RECORD 4 1.21 RESIDENT 4 1.22 SPECIAL DEVELOPMENT RIGHTS AREA 4 1.23 SPECIAL DEVELOPMENT RIGHTS HOLDER 4 1.24 SPECIAL DEVELOPMENT RIGHTS 4 1.25 TURNOVER DATE 4 1.26 VOTING MEMBER 4 ARTICLE TWO Scope of Declaration 4 2.01 PROPERTY SUBJECT TO DECLARATION 4 2.02 CONVEYANCES SUBJECT TO DECLARATION 4 2.03 DURATION 5 2.04 LOT CONVEYANCE 5 2.05 ACCESS EASEMENT 5 (31069: 006: 00085416.DOC : 2.06 RIGHT OF ENJOYMENT 5 2.07 DELEGATION OF USE 5 2.08 RULES AND REGULATIONS 5 2.09 UTILITY EASEMENTS 5 2.10 EASEMENTS, LEASES, LICENSES AND CONCESSIONS 6 2.11 ASSOCIATIONS ACCESS 6 2.12 NO DEDICATION TO PUBLIC USE 6 2.13 OWNERSHIP OF COMMUNITY AREA 6 2.14 REAL ESTATE TAXES FOR COMMUNITY AREA 6 2.15 ANNEXATION OF THE DEVELOPMENT AREA 6 2.16 WATER SERVICE CHARGES 6 ARTICLE THREE Community Area/Association Maintenance �§ 3.01 IN GENERAL 3.02 MAINTENANCE, REPAIR AND REPLACEMENT BY ASSOCIATION.. �¢ 3.03 MAINTENANCE BY OWNER 8 3.04 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMUNITY AREA 8 3.05 CERTAIN UTILITY COSTS 9$ 3.06 DAMAGE BY RESIDENT 9 ARTICLE FOUR Insurance/Condemnation 9 4.01 COMMUNITY AREA INSURANCE 9 4.02 CONDEMNATION 10 ARTICLE FIVE The Association 10 5.01 IN GENERAL 10 5.02 MEMBERSHIP 10 5.03 VOTING MEMBERS 10 5.04 BOARD I-41Q 5.05 VOTING RIGHTS 4414 5.06 DIRECTOR AND OFFICER LIABILITY 11 5.07 MANAGING AGENT 11 5.08 ATTENDANCE AT BOARD MEETINGS BY OWNERS I -211 5.09 LITIGATION 4-211 ARTICLE SIX Assessments 12 6.01 PURPOSE OF ASSESSMENTS 12 6.02 COMMUNITY ASSESSMENT 12 6.03 PAYMENT OF COMMUNITY ASSESSMENT 13 6.04 REVISED ASSESSMENT 13 6.05 SPECIAL ASSESSMENT 1.413 6.06 CAPITAL RESERVE 14 6.07 INITIAL CONTRIBUTION /ADVANCE PAYMENT OF ASSESSMENT 4514 6.08 PAYMENT OF ASSESSMENTS 4-31_4 ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation 15 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION 15 7.02 COLLECTION OF CHARGES 15 7.03 NON - PAYMENT OF CHARGES 15 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES 15 7.05 ENFORCEMENT BY OWNERS 416_15 7.06 ENFORCEMENT BY THE MUNICIPALITY UPON ANNEXATION 16 7.07 ENFORCEMENT OF DETENTION AREA MAINTENANCE BY THE TOW.. NHIPMIINICIPALITY16 ARTICLE EIGHT Use Restrictions 4-716 8.01 RESIDENTIAL USE 4-7Th 8.02 OUTBUILDINGS 17 8.03 SIGNS 17 8.04 PETS 17 8.05 TRASH 17 8.06 NUISANCE 17 8.07 PLANTS I41Z 8.08 PARKING I-812 1 31069: 006: 00085416.DOC : ) ii 8.09 ANTENNA/SATELLITE DISHES k812 8.10 LANDSCAPE MAINTENANCE 18 8.11 FENCES 18 ARTICLE NINE Design and Maintenance Controls and Architectural Standards X11$ 9.01 DESIGN AND MAINTENANCE CONTROLS -1-9iS 9.02 EXTERIOR ARCHITECTURAL DESIGN 20 9.03 MINIMUM FLOOR AREA CALCULATIONS 20 9.04 EXTERIOR WALL AREA MATERIALS 20 9.05 ROOF MATERIAL 20 9.06 ROOF PITCH 4211 9.07 SKYLIGHTS 424 9.08 WINDOWS 2-1-2Q 9.09 GARAGES 21 9.10 CHIMNEYS 21 9.11 PLUMBING AND HEATING STACKS 21 9.12 MONOTONY CLAUSE 21 ARTICLE TEN Declarant's Reserved Rights and Special Provisions Covering Development Period '121 10.01 IN GENERAL 2-221 10.02 PROMOTION OF PROJECT 2221 10.03 CONSTRUCTION ON PREMISES 22 10.04 DECLARANT CONTROL OF ASSOCIATION 22 10.05 OTHER RIGHTS 232 10.06 ASSIGNMENT BY DECLARANT 2322 10.07 GRANT OF EASEMENTS AND DEDICATIONS 2322 ARTICLE ELEVEN Amendment 23 11.01 SPECIAL AMENDMENTS 23 11.02 AMENDMENT 422 ARTICLE TWELVE Mortgagees Rights 24 12.01 NOTICE TO MORTGAGEES 24 12.02 INSURANCE PROCEEDS /CONDEMNATION AWARDS 2524 ARTICLE THIRTEEN Annexing Additional Property 25 13.01 IN GENERAL 25 13.02 POWER TO AMEND 25 13.03 EFFECT OF SUPPLEMENTAL DECLARATION 25 ARTICLE FOURTEEN Special Development Rights 26 14.01 GRANT OF SPECIAL DEVELOPMENT RIGHTS 26 14.02 EXERCISE OF SPECIAL DEVELOPMENT RIGHTS 272¢ ARTICLE FIFTEEN Miscellaneous 27 15.01 NOTICES 27 15.02 CAPTIONS 27 15.03 SEVERABILITY 27 15.04 PERPETUITIES AND OTHER INVALIDITY 27 15.05 TITLE HOLDING LAND TRUST 1821 15.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY 28 }31069: 006: 00085416.DOC : }iii 310691006\0002 09/0928/A4Q DECLARATION FOR THE GLENS OF CONNEMARA This Declaration is made by HomeWerks - Lemont LLC, an Illinois limited liability company ( "Declarant "). RECITALS Declarant is the record title holder of a portion of the Development Area which is legally described in Exhibit A hereto. Some or all of the Development Area shall be the subject of a phased development called "The Glens of Connemara' (the "Development "). Initially, the Declarant shall subject the real estate which is legally described in Exhibit B hereto to the provisions of this Declaration as the Premises. From time to time the Declarant may subject additional portions of the Development Area to the provisions of this Declaration as Added Premises, as more fully described in Article Twelve. Nothing in this Declaration shall be construed to require the Declarant to subject additional portions of the Development Area to the provisions of this Declaration. Those portions of the Development Area which are not made subject to the provisions of this Declaration as Premises may be used for any purposes not prohibited by law. Certain portions of the Premises are designated as Lots and other portions are designated as Community Area. The Declarant has formed (or will form) the Association under the Illinois General Not - For - Profit Corporation Act. The Association shall have the responsibility for administering and maintaining the Community Area and shall set budgets and fix assessments to pay the expenses incurred in connection with such responsibility. Each Owner of a Lot shall be a member of the Association and shall be responsible for paying assessments with respect to the Lot owned by such Owner. It is not intended that the Association shall be a "common interest community association" as defined in Section 9- 102(a)(8) of the Code of Civil Procedure (735 ILCS 5/9- 102(a)(8)). During the construction and marketing of the Development, the Declarant shall retain certain rights set forth in this Declaration, which rights shall include, without limitation, the right, prior to the Turnover Date, to appoint all members of the Board, as more fully described in Article Ten, the right to come upon the Premises in connection with Declarant's efforts to sell Lots and other rights reserved in Article Ten. (31069: 006: 00085416.DOC: 1 NOW, THEREFORE, the Declarant hereby declares as follows: ARTICLE ONE Definitions For the purpose of brevity and clarity, certain words and terms used in this Declaration are defined as follows: 1.01 ASSOCIATION: The Glens of Connemara Homeowners Association, an Illinois not - for - profit corporation, its successors and assigns. 1.02 BOARD: The board of directors of the Association, as constituted at any time or from time to time, in accordance with the applicable provisions of Article Five. 1.03 BY -LAWS: The By -Laws of the Association. 1.04 CHARGES: The Community Assessment, any special assessment levied by the Association and/or any other charges or payments which an Owner is required to pay or for which an Owner is liable under this Declaration or the By -Laws. 1.05 COMMUNITY AREA: Those portions of the Premises which are described and designated as "Community Area" in Exhibit B hereto, together with all improvements located above and below the ground and rights appurtenant thereto. The Community Area shall generally include wetlands, detention areas and open space within the Development, together with improvements thereon, including fencing. 1.06 COMMUNITY ASSESSMENT: The amounts which the Association shall assess and collect from the Owners to pay the Community Expenses and accumulate reserves for such expenses, as more fully described in Article Six. 1.07 COMMUNITY EXPENSES: The expenses of administration (including management and professional services), operation, maintenance, repair, replacement and landscaping and other improvements (including fencing and monument signage) on the Community Area, landscaping on cul de sac islands in the dedicated right of ways which serve the Premises and other property owned or maintained by the Association; the cost of insurance for the Community Area, other property owned by the Association or other property which the Association is required or contractually obligated to maintain; the cost of general and special real estate taxes and assessments levied or assessed against the Community Area owned by the Association; the cost of, and the expenses incurred for, the maintenance, repair and replacement of personal property acquired and used by the Association in connection with the maintenance of the Community Area and other property which the Association is required or contractually obligated to maintain; if not separately metered or charged to the Owners, the cost of garbage removal from the Premises and the cost of necessary utility services to the Premises; and any other expenses lawfully incurred by the Association for the common benefit of all of the Owners. Notwithstanding She foreg.ing, Commu it Expense , . 1 not i lude .n *laments ma' of Capital Reserves. +244440:-006÷-000.7444942 1.08 COUNTY: Cook County, Illinois or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in the County as of the Recording of this Declaration. 1.09 DECLARANT: HomeWerks - Lemont, LLC, an Illinois limited liability company, its successors and assigns. 1.10 DECLARATION: This instrument with all Exhibits hereto, as amended or supplemented from time to time. 1.11 DEVELOPMENT AREA: The real estate described in Exhibit A hereto with all improvements thereon and rights appurtenant thereto. Exhibit A is attached hereto for informational purposes only and no covenants, conditions, restrictions, easements, liens or changes shall attach to any part of the real estate described therein, except to the extent that portions thereof are described in Exhibit B and expressly made subject to the provisions of this Declaration as part of the Premises. Any portions of the Development Area which are not made subject to the provisions of this Declaration as part of the Premises may be developed and used for any purposes not prohibited by law, including, without limitation, as a residential development which is administered separate from the Development. 1.12 HOME: That portion of a Lot which is improved with a single family home. 1.13 LOT: Each subdivided lot designated in Exhibit B hereto as a Lot, together with all improvements thereon and thereto. 1.14 MORTGAGEE: The holder of a bona fide first mortgage, first trust deed or equivalent security interest covering a Lot. 1.15 MUNICIPALITY: The Village of Lemont, lllinois, or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in the Municipality as of the Recording of this Declaration. 1.16 OWNER: A Record owner, whether one or more persons, of fee simple title to a Lot, including contract seller, but excluding those having such interest merely as security for the performance of an obligation. The Declarant shall be deemed to be an Owner with respect to each Lot owned by the Declarant. 1.17 PERSON: A natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property. 1.18 PLAT: That certain Plat of Subdivision of The Glens of Connemara Subdivision, Recorded on , as Document No. 1.19 PREMISES: The real estate which is legally described in Exhibit B hereto, as amended or supplemented from time to time, with all improvements thereon and rights appurtenant thereto. { 31069:006:00071119.130C: )3 1.20 RECORD: To record in the office of the Recorder of Deeds for the County. 1.21 RESIDENT: An individual who legally resides in a Home. 1.22 SPECIAL DEVELOPMENT RIGHTS AREA. A portion of the Premises which is subject to Special Development Rights granted by the Declarant to a Special Development Rights Holder. 1.23 SPECIAL DEVELOPMENT RIGHTS HOLDER. A Person which acquires title to a Special Development Rights Area and to which Declarant grants Special Development Rights with respect to such Special Development Rights Area. 1.24 SPECIAL DEVELOPMENT RIGHTS. Any one or more of the following rights which may be granted by Declarant to a Special Development Rights Holder with respect to a Special Development Rights Area, pursuant to Article Fourteen hereof: (a) The right to construct homes and to temporarily store construction equipment and materials on such Special Development Rights Area; (b) The right to construct and maintain model homes, temporary sales or leasing offices, temporary parking areas, signs, lighting, banners and other promotional materials and facilities on such Special Development Rights Area; and (c) The right to use the Community Area for the purpose of showing the Premises to prospective purchasers of residential units within the Special Development Rights Area. 1.25 TURNOVER DATE: The date on which the rights of the Declarant to designate the members of the Board are terminated under Section 10.04. 1.26 VOTING MEMBER: The individual who shall be entitled to vote in person or by proxy at meetings of the Owners, as more fully set forth in Article Five. ARTICLE TWO Scope of Declaration 2.01 PROPERTY SUBJECT TO DECLARATION: Declarant, as the owner of fee simple title to the Premises and the holder of certain easements serving the Premises, expressly intends to and by Recording this Declaration, does hereby subject the Premises to the provisions of this Declaration. Declarant reserves thexight to add additional real estate to the terms of this Declaration as more fully provided in Article Thirteen. 2.02 CONVEYANCES SUBJECT TO DECLARATION: All easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be covenants appurtenant, running with the land and shall at all times inure to the benefit of and be binding on any Person having at any time any interest or estate in the premises, and their respective heirs, successors, personal representatives or assigns, regardless of whether the deed or other instrument which creates or conveys the interest makes reference to this Declaration. 2.03 DURATION: Except as otherwise specifically provided herein the covenants, conditions, restrictions, easements, reservations, liens, and charges, which are granted, created, reserved or declared by this Declaration shall be appurtenant to and shall run with and bind the land for a period of forty (40) years from the date of Recording of this Declaration and for successive periods of ten (10) years each unless revoked, changed or amended in whole or in part by a Recorded instrument executed by the Owner of not less than three- fourths (3/4) of the Lots then subject to the Declaration. 2.04 LOT CONVEYANCE: Once a Lot has been conveyed by the Declarant to a bona fide purchaser for value, then any subsequent conveyance or transfer of ownership of the Lot shall be of the entire Lot and there shall be no conveyance or transfer of a portion of the Lot without the prior written consent of the Board. 2.05 ACCESS EASEMENT: The Municipality, County or any other governmental authority which has jurisdiction over the Premises shall have a non - exclusive easement of access over roads and driveways located on the Community Area for police, fire, ambulance, waste removal, snow removal, or for the purpose of furnishing municipal or emergency services to the Premises. The Association, its employees, agents and contracts, shall have the right of ingress and, egress to and from the Community Area, parking on the Community Area, and the right to store equipment on the Community Area, for the purpose of furnishing any maintenance, repairs or replacements required or permitted to be furnished by the Association hereunder. 2.06 RIGHT OF ENJOYMENT: Each Owner shall have the non - exclusive right and easement to use and enjoy the Community Area and the exclusive right to use and enjoy the Owner's Lot. Such rights and easements shall run with the land, be appurtenant to and pass with title to every Lot, and shall be subject to and governed by the laws, ordinances and statutes of jurisdiction, the provisions of this Declaration, the By -Laws, and the reasonable rules and regulations from time to time adopted by the Association, including the right of the Association to come upon a Home to furnish services hereunder. 2.07 DELEGATION OF USE: Subject to the provisions of this Declaration, the By- Laws, and the reasonable rules and regulations from time to time adopted by the Association, any Owner may delegate his right to use and enjoy the Community Area and the Owner's Lot to Residents of the Owner's Home. An Owner shall delegate such rights to tenants and contract purchasers of the Owner's Home who are Residents. 2.08 RULES AND REGULATIONS: The use and enjoyment of the Community Area shall at all times be subject to reasonable rules and regulations duly adopted by the Association from time to time. 2.09 UTILITY EASEMENTS: The Municipality, County, Illinois American Water Co. and all public and private utilities (including cable companies) serving the Premises are hereby granted the right to lay, construct, renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment, into and through the Community Area r 1069: 1O6: 00071119. D "C : ) 5 for the purpose of providing utility services to the Premises or any other portion of the Development Area. 2.10 EASEMENTS. LEASES, LICENSES AND CONCESSIONS: The Association shall have the right and authority from time to time to lease or grant easements, licenses, or concessions with regard to any portions or all of the Community Area for such uses and purposes as the Board deems to be in the best interests of the Owners and which are not prohibited hereunder, including, without limitation, the right to grant easements for utilities or any other purpose which the Board deems to be in the best interests of the Owners. Any and all proceeds from leases, easements, licenses or concessions with respect to the Community Area shall be used to pay the Community Expenses. Each person, by acceptance of a deed, mortgage, trust deed, other evidence of obligation, or other instrument relating to a Home, shall be deemed to grant a power coupled with an interest to the Board, as attorney -in -fact, to grant, cancel, alter or otherwise change the easements provided for in this Section. Any instrument executed pursuant to the power granted herein shall be executed by the President and attested to by the Secretary of the Association and duly Recorded. 2.11 ASSOCIATION'S ACCESS: The Association shall have the right and power to come onto any Lot for the purpose of furnishing the services required to be furnished hereunder or enforcing its rights and powers hereunder. 2.12 NO DEDICATION TO PUBLIC USE: Except for easements granted or dedications made as permitted in Section 2.10, nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Community Area to or for any public use or purpose whatsoever. 2.13 OWNERSHIP OF COMMUNITY AREA: The Community Area shall be conveyed to the Association free of mortgages no later than the Turnover Date, provided, that if Community Area is made subject hereto after the Turnover Date, it shall be conveyed to the Association no later than ninety (90) days after such portion is made subject hereto. 2.14 REAL ESTATE TAXES FOR COMMUNITY AREA: If a tax bill is issued with respect to Community Area which is made subject to this Declaration in the middle of a tax year (regardless of when it is conveyed to the Association), then the tax bill shall be prorated so that the Declarant shall be responsible for the payment of that portion of the tax bill from January 151 of the tax year to the date that such Community Area is made subject to this Declaration, and the Association shall be responsible for the balance of the tax bill. 2.15 ANNEXATION OF THE-DEVELOPMENT AREA: The Development Arca, or a for in this Section. 6 ARTICLE THREE Community Area/Association Maintenance 3.01 IN GENERAL: The restrictions and limitations contained in this Article shall be subject to the rights of the Declarant set forth in Article Ten. 3.02 MAINTENANCE, REPAIR AND REPLACEMENT BY ASSOCIATION: The cost of any maintenance, repairs and replacement furnished by the Association pursuant to this Section shall be Community Expenses. The following maintenance, repairs and replacements shall be furnished by the Association: (a) added planting, replanting, care and maintenance of trees, shrubs, flowers, grass and all other landscaping on the Community Area and on cul de sac islands in the dedicated rights of way; (b) added planting, replanting, care and maintenance of trees, shrubs, flowers, grass and all other landscaping on the landscape buffer area located on the northerly side of 131st Street in the dedicated right of way as delineated and depicted on the Plat ( "Landscape Buffer Area" (c) maintenance, repair and replacement of the sidewalks located within the Landscape Buffer Area, but not including snow removal. This obligation shall continuo Section 2.15; (d) maintenance, repair and replacement of fencing along the Landscape Buffer Easement; (e) maintenance, repair and replacement of detention areas on the Community Area; (f) maintenance, repair and replacement of monument signs, fencing and other improvements located on the Community Area; (g) maintenance of wetlands, if any, located on the Community Area, which maintenance shall follow guidelinesrif any, from time to time issued by the any governmental authority which has jurisdiction over maintenance of the wetlands; and (h) maintenance, repair and replacement of real estate which is not part of the Premises and which the Association is required or contractually obligated to maintain, {110(,9- :9007H19.o0c:17 including, but not limited to, the following, which may be Recorded with respect to the Premises and other real estate: (i) Easement Agreement with Chicago Title sand Trust Comnapv as Successor Trustee to Chicago Title and Trust Company nt personally J? t • - as trustee under the provisions of a trust agreement dated April 26, 1963 atknown as t-rustTrust Number 45553 geearded December 2114 as Slocu.me i number 4355- 30435733211; (ii) Centerline Easement/Storm Sewer Easement with Commonwealth Edison Company Recorded — November 24, 2003 as document number — 0332829281; (iii) Grant for Roadway and Sub - Surface Facilities (Dundee Lane) with Commonwealth Edition Company Recorded — November 24,, 2003 as document number ;0332829279 (note: Dundee Lane is now known and is depicted on the Plat as Waterford Drive): and (iv) Grant for Roadway and Sub - Surface Facilities (Highland Drive) with Commonwealth Edition Company Recorded — November 24. 2003 as document number — X03328292: Q (note: Hi • hland Drive is now known and ' • - . is - • • • he P . . Dunmoor Drive). (v) Water and Sanitary Sewer Service Agreement, as described in vccc+vrrr: r� 3.03 MAINTENANCE BY OWNER: (a) Except as otherwise specifically provided for in this Declaration each Owner of a Lot shall be responsible for the maintenance, repair and replacement of the Owner's Lot, including fencing and/or landscaping installed by the Declarant thereon, and the Home thereon. (b) If, in the judgment of the Board, an Owner fails to maintain those portions of the Owner's Lot which the Owner is responsible for maintaining hereunder in good condition and repair or the appearance of such portions is not of the quality of that of other Lots in the Development or in compliance with rules and regulations adopted by the Board from time to time, then the Board may, in its discrction,shall have the right (but shall be obligated) to take the following action: (i) advise the Owner of the work which must be done and allow the Owner at least twenty (20) days (or less in the case of an emergency) to cause the work to be done; and (ii) if the work is not done to the satisfaction of the Board, in its sole judgment, then the Board may seek injunctive relief, levy a fine and/or cause such work to be done { 31069: oaf+: 00071119.DOC : 18 and the cost thereof shall be a Charge payable by the Owner to the Association upon demand. 3.04 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMUNITY AREA: No alterations, additions or improvements shall be made to the Community Area without the prior approval of the Board. The Association may cause alterations, additions or improvements to be made to Community Area, and the cost thereof shall be paid from a special assessment, as more fully described in Section 6.05; except, that, any such alteration, addition or improvement which shall cost more than four (4) months assessments then in effect under the then current budget shall be approved in advance at a special meeting of the Owners. 3.05 CERTAIN UTILITY COSTS: Certain utility costs incurred in connection with the use, operation and maintenance of the Community Area may not be separately metered and billed to the Association. If the cost for any such utility is metered and charged to individual Homes rather than being separately metered and charged to the Association, then the following shall apply: (a) If in the opinion of the Board, each Owner is sharing in a fair and equitable manner the cost for such service, then no adjustment shall be made and each Owner shall pay his own bill; or (b) If in the opinion of the Board, the Owner of a Home is being charged disproportionately for costs allocable to the Community Area, then the Association shall pay, or reimburse such Owner, an amount equal to the portion of the costs which in the reasonable determination of the Board is properly allocable to the Community Area and the amount thereof shall be Community Expenses hereunder. Any determinations or allocations made hereunder by the Board shall be final and binding on all parties. 3.06 DAMAGE BY RESIDENT: If, due to the act or omission of a Resident of a Home, or of a household pet or guest or other authorized occupant or invitee of the Owner of a Lot, damage shall be caused to the Community Area and maintenance, repairs or replacements shall be required thereby, which would otherwise be a Community Expense, then the Owner of the Lot shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board, to the extent not covered by insurance carried by the Association. ARTICLE FOUR Insurance /Condemnation 4.01 ASSOCIATION AND COMMUNITY AREA INSURANCE: (a) The Association shall have the authority to and shall obtain, to the extent required under applicable easement or other agreements, fire and all risk coverage insurance covering the improvements, if any, to the Community Area and other property which the Association is required or contractually obligated to maintain, including, without limitation, any fencing on Lots 9 which are maintained by the Association (based on current replacement cost for the full insurable replacement value) of such improvements. (b) The Association shall have the authority to and shall obtain comprehensive public liability insurance, including liability for injuries to and death of persons, and property damage, in such limits as it shall deem desirable, and workmen's compensation insurance and other liability insurance as it may deem desirable, insuring each Owner, the Association, its directors and officers, the Declarant, the managing agent, if any, and their respective employees and agents, as their interests may appear, from liability resulting from an occurrence on or in connection with, the Community Area and adjacent dedicated rights of way or detention areas and other property which the Association is required or contractually obligated to maintain. The Board may, in its discretion, obtain any other insurance which it deems advisable including, without limitation, insurance covering the directors and officers from liability for good faith actions beyond the scope of their respective authorities and covering the indemnity set forth in Section 5.06. Such insurance coverage shall include cross liability claims of one or more insured parties. (c) Fidelity bonds indemnifying the Association, the Board and the Owners for loss of funds resulting from fraudulent or dishonest acts of any employee of the Association or of any other person handling funds of the Association may be obtained by the Association in such amounts as the Board may deem desirable. (d) The premiums for any insurance obtained under this Section shall be Community Expenses. 4.02 CONDEMNATION: In the case of a taking or condemnation by competent authority of any part of the Community Area, the proceeds awarded in such condemnation shall be paid to the Association and such proceeds, together with any Community Area Capital Reserve being held for such part of the Community Area, shall, in the discretion of the Board, either (i) be applied to pay the Community Expenses, (ii) be distributed to the Owners and their respective mortgagees, as their interests may appear, in equal shares, or (iii) be used to acquire additional real estate to be used and maintained for the mutual benefit of all Owners, as Community Area under this Declaration. Any acquisition by the Association pursuant to this Section of real estate which shall become Community Area hereunder shall not become effective unless and until a supplement to this Declaration, which refers to this Section and legally describes the real estate affected, is executed by the President of the Association and Recorded. ARTICLE FIVE The Association 5.01 IN GENERAL: Declarant has caused or shall cause the Association to be incorporated as a not - for - profit corporation under Illinois law. The Association shall be the governing body for all of the Owners for the administration and operation of the Community Area. The Association shall be responsible for the maintenance, repair and replacement of the Community Area and other property which is not part of the Premises and which the Association is required or contractually obligated to maintain. 10 5.02 MEMBERSHIP: Each Owner shall be a member of the Association. There shall be one membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of a Lot. Ownership of a Lot shall be the sole qualification for membership. The Association shall be given written notice of the change of ownership of a Lot within ten (10) days after such change. 5.03 VOTING MEMBERS: Subject to the provisions of Section 10.04, voting rights of the members of the Association shall be vested exclusively in the Voting Members. One individual shall be designated as the "Voting Member" for each Lot. The Voting Member or his proxy shall be the individual who shall be entitled to vote at meetings of the Owners. If the Record ownership of a Lot shall be in more than one person, or if an Owner is a trustee, corporation, partnership or other legal entity, then the Voting Member for the Lot shall be designated by such Owner or Owners in writing to the Board and if in the case of multiple individual Owners no designation is given, then the Board at its election may recognize an individual Owner of the Lot as the Voting Member for such Lot. 5.04 BOARD: Subject to the rights retained by the Declarant under Section 9.04, the Board shall consist of that number of members provided for in the By -Laws, each of whom shall be an Owner or Voting Member. 5.05 VOTING RIGHTS: Any or all members may be present at any meeting of the members, but the voting rights shall be vested exclusively in the Voting Members; provided, that, prior to the Turnover Date, the voting rights shall be vested exclusively in the Declarant and the Voting Members shall have no voting rights. From and after the Turnover Date, each Voting Member, including those designated by Declarant with respect to Homes owned by Declarant, shall be entitled to one vote for each Lot which the Voting Member represents. The Voting Members may vote in person or by proxy. All proxies shall be in writing, revocable, valid only for eleven (11) months from the date of execution and filed with the Secretary. 5.06 DIRECTOR AND OFFICER LIABILITY: Neither the directors nor the officers of the Association shall be personally liable to the Owners or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors and officers except for any acts or omissions found by a court to constitute criminal conduct, gross negligence or fraud. The Association shall indemnify and hold harmless the Declarant, and each of the directors and officers, his heirs, executors or administrators, against all contractual and other liabilities to the Owners, the Association or others arising out of contracts made by or other acts of the directors and officers on behalf of the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made criminally, fraudulently or with gross negligence. It is intended that the foregoing indemnification shall include indemnification against all costs and - expenses (including, but not limited to, counsel fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative, or other in which any such director may be involved by virtue of such person being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or officer, or (ii) any matter 3169: 906: 00074419.DOC : 111 settled or compromised, unless, in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person being adjudged liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or officer. 5.07 MANAGING AGENT: The Declarant (or an entity controlled by the Declarant) may be engaged by the Association to act as the managing agent for the Association and as managing agent shall be paid a reasonable fee for its services as fixed by a written agreement between the Association and the Declarant (or an entity controlled by the Declarant). Any management agreement entered into by the Association prior to the Turnover Date shall have a term of not more than two years and shall be terminable by the Association without payment of a termination fee on 90 days written notice. 5.08 Al 1'hNDANCE AT BOARD MEETINGS BY OWNERS: Owners may attend meetings of the Board only if, and to the extent, permitted by the Board in its discretion. It is not the intention that Owners shall have the right to attend meetings of the Board in the same manner as provided for members of condominium associations under the Illinois Condominium Property Act. 5.09 LITIGATION: No judicial or administrative proceedings shall be commenced or prosecuted by the Community Association without first holding a special meeting of the members and obtaining the affirmative vote of Voting Members representing at least seventy -five percent (75 %) of the total votes to the commencement and prosecution of the proposed action. This Section shall not apply to (a) actions brought by the Community Association to enforce the provisions of this Community Declaration, the By -Laws or rules and regulations adopted by the Board (including, without limitation, an action to recover Charges or to foreclose a lien for unpaid Charges) or (b) counterclaims brought by the Community Association in proceedings instituted against it. ARTICLE SIX Assessments 6.01 PURPOSE OF ASSESSMENTS: The use of assessments levied by the Association shall be limited to the purposes of (i) maintaining the Community Area the and other real estate which is not part of the Premises and which the Association is required or contractually obligated to maintain (ii) administering the affairs of the Association, (iii) paying the Community Expenses, and (iv) accumulating reserves for any such expenses. For purposes hereof, (a) a Lot owned by Declarant shall only be subject to assessment hereunder from and after such time as an occupancy certificate has been issued with respect to a Home constructed thereon, and , (b) a model home owned by Declarant shall not be subject to assessment hereunder. 6.02 COMMUNITY ASSESSMENT: Each year on or before December 1, the Board shall adopt and furnish each Owner with a budget for the ensuing calendar year, which shall show the following with reasonable explanations and itemizations: (a) The estimated Community Expenses; 12 (b) The estimated amount, if any, to maintain adequate reserves for Community Expenses including, without limitation, amounts to maintain the Capital Reserve; (c) The estimated net available cash receipts, if any, from the operation and use of the Community Area plus the estimated excess funds, if any, from the current year's assessments; (d) The amount of the "Community Assessment" payable by the Owners, which is hereby defined as the amount determined in (a) above, plus the amount determined in (b) above, minus the amount determined in (c) above; (e) That portion of the Community Assessment which shall be payable with respect to the ensuing calendar year by the Owner of each Lot which is subject to assessment hereunder, which shall be equal to the Community Assessment divided by the number of Lots subject to assessment hereunder, so that each Owner shall pay equal Community Assessments for each Lot owned. The Community Assessment shall be paid in periodic installments as determined by the Board from time to time, but no less frequently than once each calendar year. Anything herein to the contrary notwithstanding the provisions of this paragraph shall apply with respect to the period prior to the Turnover Date. Any annual budget prepared by the Board prior to the Turnover Date shall be based on the assumptions that (i) the Development has been fully constructed as shown on Declarant's then current plan for the Development ( "Current Development Plan ") and (ii) all proposed Homes have been built and are occupied. The Current Development Plan shall be kept on file with the Association and may be modified from time to time by Declarant. Prior to the Turnover Date, each Owner (other than the Declarant) shall pay as the Owner's share of the annual Community Assessment an amount equal to the budgeted Community Expenses for such year divided by the number of proposed Homes on the then Current Development Plan so that each Owner (other than Declarant) will pay, with respect to each Lot owned, an annual Community Assessment equal to what such Owner would be paying with respect to the Owner's Lot if the Development were fully constructed pursuant to the Current Development Plan and all proposed Homes have been built and are occupied. Each Owner shall pay such assessment at such times as determined by the Board, but not less frequently than once each year. The Declarant shall not be obligated to pay any Community Assessments to the Association prior to the Turnover Date. However, if with respect to the period commencing on the date of the Recording of this Declaration and ending on the Tumover Date, the amount of Community Assessments and working capital contributions under Section 6.07 payable by Owners (other than Declarant), less the portions thereof which are to be added to Reserves, is less than the Community Expenses actually incurred with respect to such period, then the Declarant shall pay any difference to the Association. -From time to time prior to the Turnover Date, the Declarant shall deposit with the Association amounts which reasonably approximate Declarant's obligation hereunder as estimated by the Declarant. A final accounting and settlement of the amount, if any, owed by Declarant to the Association or by the Association to the Declarant shall be made as soon as practicable after the Turnover Date. 131069: 006: 00071419.1)0C : 1-13 6.03 PAYMENT OF COMMUNITY ASSESSMENT: Each Owner of a Lot which is subject to assessment shall pay to the Association, or as the Board may direct, that portion of the Community Assessment which is payable by each Owner of a Lot under Section 6.02(e) at such times as the Board shall determine from time to time. 6.04 REVISED ASSESSMENT: If the Community Assessment proves inadequate for any reason (including nonpayment of any Owner's assessment) or proves to exceed funds reasonably needed, then the Board may increase or decrease the assessment payable under Section 6.02(e) by giving written notice thereof (together with a revised budget and explanation for the adjustment) to each Owner not less than ten (10) days prior to the effective date of the revised assessment. 6.05 SPECIAL ASSESSMENT: After the Turnover Date the Board may levy a special assessment as provided in this Section (i) to pay (or build up reserves to pay) expenses other than Community Expenses incurred (or to be incurred) by the Association from time to time for a specific purpose including, without limitation, to make alterations, additions or improvements to the Community Area, or any other property which the Association is required or contractually obligated to maintain; or (ii) to cover an unanticipated deficit under the prior year's budget. Any special assessment shall be levied against all of Lots in equal shares. No special assessment shall be adopted without the affirmative vote of Voting Members representing at least two -thirds (2/3) of the votes cast on the question. The Board shall serve notice of a special assessment on all Owners by a statement in writing giving the specific purpose and reasons therefor in reasonable detail, and the special assessment shall be payable in such manner and on such terms as shall be fixed by the Board. Any assessments collected pursuant to this Section (other than those to cover an unanticipated deficit under the prior year's budget) shall be segregated in a special account and used only for the specific purpose set forth in the notice of assessment. 6.06 CAPITAL RESERVE: The Association shall segregate and maintain a special reserve account to be used solely for making capital expenditures in connection with the Community Areas, including a reserve fund for replacements (the "Capital Reserve "). If the Association elects to establish a Capital Reserve, the Board shall determine the appropriate level of the Capital Reserve based on a periodic review of the useful life of improvements to the Community Areas and equipment owned by the Association as well as periodic projections of the cost of anticipated major repairs or improvements to the Community Areas or the purchase of equipment to be used by the Association in connection with its duties hereunder. The Capital Reserve may be built up by separate or special assessments or out of the Community Assessment as provided in the budget. Special accounts set up for portions of the Capital Reserve to be used to make capital expenditures with respect to the Community Areas shall be held by the Association as agent and trustee for the Owners. of Homes with respect to which the Capital Reserve is held and such accounts shall be- deemed to have been funded by capital contributions to the Association by the Owners. The budgets which will be adopted from time to time by the Boards appointed by the Declarant prior to the Turnover Date shall include reserve buildups which the Board deems to be appropriate based on information available to the Board. Boards elected by the Owners after the Turnover Date may use different approaches from those used by Boards appointed by the Declarant for the buildup of reserves or may choose not to provide for the buildup of reserves for certain capital expenditures or deferred maintenance for repairs or replacements of the Community Areas. If the Board chooses not to provide for the buildup of 111/6 ". (V1L. 00074:1.111 DOC 114 reserves for a particular anticipated expenditure or if the buildup of reserves that the Board does provide for in its budgets does not result in sufficient funds to pay for the expenditure when the expenditure must be made, then (i) neither the Board nor any of its past or present members shall be liable to the Association or the Owners for failing to provide for sufficient reserves and (ii) the Board shall have the right and power to either levy a separate or special assessment to raise the funds to pay the expenditure or to borrow funds to pay the expenditure and repay the borrowed funds out of future Community Assessments, separate assessments or special assessments. 6.07 INITIAL CONTRIBUTION /ADVANCE PAYMENT OF ASSESSMENT: Upon the closing of the first sale of each Lot by the Declarant to a purchaser for value, the purchasing Owner (a) shall pay to the Association an amount equal to one -half of the annual Community Assessment at the rate which shall become effective with respect to the Lot as of the closing, which amount shall be held and used by the Association for its working capital needs, plus one hundred dollars ($100), which amount shall be added to the Capital Reserve and (b) unless otherwise agreed by Declarant, shall make an advance payment of one year's assessments at the rate which shall become effective with respect to the Lot as of the closing. Any advance assessment payment made pursuant to (b) above shall be applied as an advance payment of assessments with respect to such period; however, if assessments increase during such period the Owner of the Lot shall be required to pay the amount of the increase. 6.08 PAYMENT OF ASSESSMENTS: Assessments levied by the Association shall be collected from each Owner by the Association and shall be a lien on the Owner's Lot and also shall be a personal obligation of the Owner in favor of the Association, all as more fully set forth in Article Seven. ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION: The Declarant hereby covenants, and each Owner of a Lot by acceptance of a deed therefor (whether or not it shall be so expressed in any such deed or other conveyance) shall be and is deemed to covenant and hereby agrees to pay to the Association all Charges made with respect to the Owner on the Owner's Lot. Each Charge, together with interest thereon and reasonable costs of collection, if any, as hereinafter provided, shall be a continuing lien upon the Lot against which such Charge is made and also shall be the personal obligation of the Owner of the Lot at the time when the Charge becomes due. The lien or personal obligation created under this Section shall be in favor of and shall be enforceable by the Association. 7.02 COLLECTION OF CHARGES: The Association shall collect from each Owner all Charges payable by such Owner under this- Declatation. 7.03 NON - PAYMENT OF CHARGES: Any Charge which is not paid to the Association when due shall be deemed delinquent. Any Charge which is delinquent for thirty (30) days or more shall bear interest at the rate of eighteen percent (18 %) per annum or the maximum rate permitted by law, whichever is less, from the due date to the date when paid. The Association may (i) bring an action against the Owner personally obligated to pay the Charge to recover the Charge (together with interest, costs and reasonable attorney's fees for any such . : 15 action, which shall be added to the amount of the Charge and included in any judgment rendered in such action), and (ii) enforce and foreclose any lien which it has or which may exist for its benefit. In addition, the Board may add a reasonable late fee to any installment of an assessment which is not paid within thirty (30) days of its due date. No Owner may waive or otherwise escape personal liability for the Charges hereunder by abandonment or transfer of his Lot. 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES: The lien for Charges, provided for in Section 7.01, shall be subordinate to the Mortgagee's mortgage on the Lot which was Recorded prior to the date that any such Charge became due. Except as hereinafter provided, the lien for Charges, provided for in Section 7.01, shall not be affected by any sale or transfer of a Lot. Where title to a Lot is transferred pursuant to a decree of foreclosure of the Mortgagee's mortgage or by deed or assignment in lieu of foreclosure of the Mortgagee's mortgage, such transfer of title shall extinguish the lien for unpaid Charges which became due prior to the date of the transfer of title. However, the transferee of the Lot shall be personally liable for his share of the Charges with respect to which a lien against his Lot has been extinguished pursuant to the preceding sentence where such Charges are reallocated among all the Owners pursuant to a subsequently adopted annual or revised Community Assessment or special assessment, and non - payment thereof shall result in a lien against the transferee's Lot, as provided in this Article. 7.05 ENFORCEMENT BY OWNERS: Enforcement of the provisions contained in this Declaration and the rules and regulations adopted hereunder may be by any proceeding at law or in equity by any aggrieved Owner against any person or persons violating or attempting to violate any such provisions, either to restrain such violation or to recover damages, and against a Lot to enforce any lien created hereunder. 7.06 ENFORCEMENT BY THE MUNICIPALITY UPON ANNEXATION: The Municipality is hereby granted the right, but shall not be obligated, to maintain any property located in a dedicated right of way .:: .. ' . If the Association fails to comply with any covenants and obligations in regards to maintenance hereunder, the Municipality shall have the right (but shall not be obligated) to give notice to the Association of its failure to perform its obligations. If such notice is given and the Association does not perform to the satisfaction of the Municipality within thirty (30) days after the giving of such notice, then the Municipality may (but shall not be obligated to) enter upon the Premises and perform any and all work which it deems necessary and appropriate, either directly or through contractors engaged by the Municipality. The Association shall, upon demand, reimburse the Municipality for the reasonable cost of such work, plus interest at the rate of eighteen percent (18 %) per annum from the date incurred and paid by the Municipality through the date the Municipality is reimbursed for such cost, and if payment is not made within thirty (30) days after demand, then the amount due, plus reasonable costs of collection, including reasonable attorneys' fees, shall become a lien on the property of the Association, effective as of the date on which such work was completed; provided, however, that such lien shall be subordinate to the lien of any first mortgage on a Lot Recorded prior to the date on which any such cost becomes a lien against the Lot as provided above. 7.07 ENFORCEMENT OF DETENTION AREA MAINTENANCE BY THE ' UNICIPALTTY: The Municinalitv is hereby . 16 granted the right, but shall not be obligated, to maintain any property detention areas located on the Premises. If the Association fails to comply with any covenants and obligations in regards to maintenance of the detention areas hereunder, the TownshipMunicipality shall have the right (but shall not be obligated) to give notice to the Association of its failure to perform its obligations. If such notice is given and the Association does not perform to the satisfaction of the TewxshipMunicipality within thirty (30) days after the giving of such notice, then the TewnshipMunicipality may (but shall not be obligated to) enter upon the Premises and perform any and all work which it deems necessary and appropriate, either directly or through contractors engaged by the T-ewnsliipMwiicipality. The Association shall, upon demand, reimburse the TewashipMunicipality for the reasonable cost of such work, plus interest at the rate of eighteen percent (18 %) per annum from the date incurred and paid by the Municipality through the date the TewnshipMunicipality is reimbursed for such cost, and if payment is not made within thirty (30) days after demand, then the amount due, plus reasonable costs of collection, including reasonable attorneys' fees, shall become a lien on the property of the Association, effective as of the date on which such work was completed; provided, however, that such lien shall be subordinate to the lien of any first mortgage on a Lot Recorded prior to the date on which any such cost becomes a lien against the Lot as provided above. ARTICLE EIGHT Use Restrictions 8.01 RESIDENTIAL USE: Each Lot shall be used only for residential purposes, as a private residence, and no professional, business or commercial use shall be made of a Lot or any portion thereof, nor shall any Resident's use of a Lot endanger the health or disturb the reasonable enjoyment of any other Owner or Resident, except that professional and quasi - professional persons may use their residence as an ancillary or secondary facility to an office elsewhere. The foregoing restrictions shall not, however, be construed to prohibit a Resident from: (a) maintaining his personal professional library; (b) keeping his personal business or professional records or accounts; (c) handling his personal business or professional telephone calls or correspondence therefrom, or (d) conducting an in -home business not prohibited by applicable laws, ordinances or regulations. 8.02 OUTBUILDINGS: Except as permitted pursuant to Section 8.11, if applicable, without the prior written consent of the Board, no outbuilding, shed, storage shed, animal house, above ground swimming pool, jacuzzi, fence, greenhouse, play set or other temporary or permanent structure shall be constructed on any Lot. 8.03 SIGNS: Except as otherwise provided in Article Ten, or specifically approved, in writing, by the Board, no advertising sign (except one "For Rent" or "For Sale" sign of not more than five square feet), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on any Lot or the Community Area. 8.04 PETS: No animals, livestock or poultry of any kind shall be raised, bred, or kept on the Community Area. The Board may from time to time adopt rules and regulations governing (a) the keeping of pets in the Home, which may include prohibiting certain species of pets from being kept in the Home and (b) the use of the Community Area by pets. 4yo071iI9DOC- 17 8.05 TRASH: All rubbish, trash, or garbage shall be kept so as not to be seen from neighboring Homes and streets, and shall be regularly removed from the Premises, and shall not be allowed to accumulate thereon. Garbage may not be burned on a Lot. 8.06 NUISANCE: No nuisance, noxious or offensive activity shall be carried on in the Premises nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the Owners or occupants of any Home. I344)6n,wic.lWll4 I DOC.tt8 8.07 PLANTS: No plants, seeds, or other things or conditions harboring or breeding infectious plant diseases or noxious insects shall be introduced or maintained upon any part of the Premises. 8.08 PARKING: Parking areas and driveways shall be used for parking operable automobiles only and no part of any Lot shall be used for storage use, or parking of mobile homes, trailers, commercial vehicles, snowmobiles or boats except within the confines of a garage. No repair or body work of any motorized vehicle shall be permitted except within the confines of the garage. Any violation of this provision shall be deemed a nuisance under Section 8.06. Passenger motor vehicles in non - operative condition shall not be parked, except in garages. 8.09 ANTENNA/SATELLITE DISHES: Subject to applicable federal, state or local laws, ordinances or regulations, the operation of "ham" or other amateur radio stations or the erection of any communication antenna, receiving dish or similar devices (other than a simple mast antenna or a satellite dish of less than one (1) meter in diameter which is not visible from the front of the Home) shall not be allowed on the Premises. 8.10 LANDSCAPE MAINTENANCE: Each Owner shall regularly mow and trim all areas of his Lot covered with ground cover and shall keep all areas of his Lot designed or intended for the property drainage or detention of water, including swale lines and ditches, unobstructed and shall mow and maintain such areas regularly so as to keep such areas in good and functional condition. 8.11 FENCES: A Lot may be improved with a fence on that portion of the Lot which is between the rear lot line and the front of the Home provided that the fence at all times conforms to the following specifications: (a) Western Red Cedar, board on board (shadow box) fence; (b) Height to comply with municipal codes and if not so specified in the municipal codes, height shall be 4 - 6'; (c) 1 x 6 boards, spaces edge -to -edge and back -to -back to comply with percent open and closed per municipal ordinance; (d) 4 x 4 posts with wood (cedar) cap, set 42" into ground and 8 feet +/- on center, with concrete footings; (e) Two 2 x 4 back rails (1 -1/2" wide); one at the top of the boards and one 12" up from bottom of the boards; _ (f) 1 x 4 top cap, centered on posts; and (g) Decorative fencing will be allowed to extend from the front of the Home towards the front lot line that is no more than 10' in length. 19 Any such fence shall be maintained, repaired and replaced by the Owner of the Lot on which the fence is located. ARTICLE NINE Design and Maintenance Controls and Architectural Standards 9.01 DESIGN AND MAINTENANCE CONTROLS: (a) The Declarant shall have the right and power from time to time to adopt reasonable rules, regulations, guidelines, and standards governing the design and exterior finish (including color) of all improvements or landscaping from time to time constructed, installed or proposed to be constructed, installed or modified on the Premises including, without limitation, those proposed to be constructed or installed by a Special Development Rights Holder. Without limiting the foregoing, no earthmoving, filling, dredging, grading, excavating, installation of landscaping, alteration of landscaping, construction of a building, driveway, walkway, fence, signs or other advertising or promotional devices or any other temporary or permanent improvement to any portion of the Premises or any modification, alteration, renovation, addition or removal of any of the foregoing, including change of exterior color ( "Regulated Work ") shall be commenced or maintained with respect to any portion of the Premises without the prior written consent of the Declarant to the plans therefor, which consent may be granted or withheld in Declarant's sole and absolute discretion. Without limiting the foregoing, Regulated Work performed on the Premises shall be performed in accordance with any annexation agreements created upon annexation to the Municipality. The Declarant reserves the right and power to promulgate and amend from time to time standards, policies, procedures and guidelines in order to implement the foregoing. If any Regulated Work which requires Declarant approval as provided above is commenced without obtaining the required written consent of the Declarant, then the Declarant may seek any remedy or take any action provided for herein or permitted at law or in equity in order to enforce the provisions hereof, including injunctive relief to stop work and/or restore the portion of the Premises to its condition prior to the commencement of the work. (b) The Declarant shall have the right and power from time to time to adopt rules, regulations, guidelines, and standards governing the maintenance and upkeep of portions of the Premises, including without limitation, improvements thereto, signs, advertising and landscaping thereon. Without limiting the foregoing, those portions of the Premises on which construction of improvements has not yet commenced shall at all times be maintained in a neat and clean condition and all weeds shall be periodically cut. If in the sole judgment of the Declarant a portion of the Premises is not being maintained in good condition and repair or the appearance of any such portion of the Premises is not of the character and quality of that of other portions of the Premises or is not in compliance with rules, -regulations, guidelines, and standards adopted from time to time by the Declarant, then without limiting any rights or remedies available to the Declarant hereunder, at law or in equity, Declarant shall have the right to enter upon any such portion of the Premises and perform any maintenance or repair work which it deems necessary or appropriate. The cost of any such work shall be charged to the Owner and shall be payable to the Declarant upon demand. In the event that the Owner fails to make prompt payment of any such amount within thirty (30) days after demand, such amount shall become and continue to be a lien upon the Owner's Lot until such time as payment is made in full; provided, that any such lien . 20 shall be subordinate to the lien of any first mortgage on a Lot Recorded prior to the date on which any such amount becomes a lien against a Lot as provided above. (c) Any one or more of the rights and powers of the Declarant under this Section may be delegated to one or more individuals or entities designated from time to time by the Declarant. (d) Subject as hereinafter provided, from time to time, the Declarant may enter into an agreement ( "Transfer Agreement ") with the Association whereby the Declarant assigns and transfers to the Association some or all of its rights and powers under Subsections (a) and (b). Any Transfer Agreement shall be executed by both the Declarant and the Association and shall be recorded; provided, that the execution of the Transfer Agreement by the Association shall be approved in advance by action of the Voting Members at an annual meeting or special meeting of the Voting Members. A Transfer Agreement may include such terms as are agreed upon between the Declarant and the Association. From and after the recording of a Transfer Agreement, the rights and powers of the Declarant under Subsections (a) and (b) which are transferred to the Association pursuant to the Transfer Agreement, shall be administered as provided in the Transfer Agreement. Any rights and powers of the Declarant under Subsections (a) and (b) which are not transferred to the Association pursuant to a Transfer Agreement shall expire and terminate at such time as (i) the Development has been fully developed and improved per Declarant's Development Plan and (ii) the Declarant no longer holds or controls title to any portion of the Development Area. 9.02 EXTERIOR ARCHITECTURAL DESIGN: The architectural style of all residential structures constructed upon any Lot shall be of a traditional style in exterior design. Contemporary designs shall not be permitted. 9.03 MINIMUM FLOOR AREA CALCULATIONS: The allowable floor area shall be defined and calculated as habitable space excluding basements and garages. No Home shall be erected or maintained on the Premises unless the floor area of the Home is at least 2,600 square feet for a ranch -style Home (one- story), and 3,000 square feet for two -story Home. All multi- level floor plans shall also have a minimum floor area of 1,500 square feet on the first floor. For the purpose of calculating the floor area of a unit under this Section, the floor area shall consist of the gross horizontal area of the several floors to the Home, measured from the interior faces of the exterior walls, exclusive of basements, garages, attics, porches and any unheated or non - living space 9.04 EXTERIOR WALL AREA MATERIALS: (a) Fifty percent (50 %) of the exterior wall surface of the entire Home must be constructed of stone, culture stone, -brick dr other acceptable masonry materials. (b) Second floor exterior wall surfaces may be constructed of cedar, dryvit, cement siding, vinyl siding or face brick. No aluminum siding, stucco or synthetic stucco shall be permitted. Soffits and gutters, however, may be constructed from aluminum. f 3106(1. ML. 00071 1.1(1 121 9.05 ROOF MATERIAL: The roof of each Home may only be constructed of architectural grade (i.e., {get line names from Angelo] shingles. 22 9.06 ROOF PITCH: The minimum of roof pitch of each Home shall be as follows: (A) One -Story Home — 6/12 (B) Two or More Stories Home — 6/12 Roof pitch, however, may be less than those prescribed if in the sole and absolute discretion of the Declarant or the Association, if a Transfer Agreement has been Recorded. 9.07 SKYLIGHTS: All skylights or like structures shall be placed in such a way that they are not visible from the street in front of the Home. At no time shall skylights or like structures be placed on the front roof line. 9.08 WINDOWS: Windows on the front of all Homes shall be placed in a symmetrical pattern and shall be at least sixty (60) inches in height on the first floor and forth -eight (48) inches in height on the second floor or balanced in a traditional style. 9.09 GARAGES: All Homes shall have attached garages of a minimum 2'/2 car capacity and the doors shall face the side, rear or front of the Lot. A two -car garage may be permitted if it is a side -load or rear -load load and with the garage facing a side or rear lot line. All front - loaded three -car garages must have a break in the roof line by stepping one stall back a minimum of one foot. The Declarant shall have the sole and exclusive authority to grant approvals for the construction of frontload, side -load or rear -load garages in order to maintain the necessary ratio of each type of garage 9.10 CHIMNEYS: Chimneys located on exterior walls must be constructed of dryvit, face brick or natural stone. Chimneys which are not located on exterior walls shall be encased in a decorative enclosure in conformity with the architectural style of the Home. 9.11 PLUMBING AND HEATING STACKS: All stacks, including but not limited to, plumbing, heating and ventilation stacks shall be located on the rear portion of the roof. Furnace exhausts located on sidewalls must be located on the rear of any Home. All other vents or exhausts may not be located on the front of the Home. 9.12 MONOTONY CLAUSE: Approval shall be withheld of the design, elevation, exterior and interior size, exterior shape and materials or color scheme of a proposed Home that is substantially similar to an adjacent Home. In no event shall a particular model or elevation of Home be duplicated within two hundred forty (240) feet adjoining on a common front lot line or directly across the street from a substantially similar model or elevation of Home. A different model or elevation of Home would incorporate a significant change, i.e., a gable roof would be modified to a hip roof. ,,4,64 NVYfa l .9,,.,C . ,23 ARTICLE TEN Declarant's Reserved Rights and Special Provisions Covering Development Period 10.01 IN GENERAL: In addition to any rights or powers reserved to the Declarant under the provisions of this Declaration or the By -Laws, the Declarant shall have the rights and powers set forth in this Article. Anything in this Declaration or the By -Laws to the contrary notwithstanding, the provisions set forth in this Article shall govern. If not sooner terminated as provided in this Article, the provisions of this Article shall terminate and be of no further force and effect with respect to the Declarant from and after such time as the Declarant is no longer vested with or controls title to any portion of the Development Area. 10.02 PROMOTION OF PROJECT: The Declarant shall have the right and power, within its sole discretion, to (i) construct such temporary or permanent improvements, or to do such acts or other things in, on, or to the Premises as the Declarant may, from time to time, determine to be necessary or advisable, (ii) construct and maintain model homes, sales or leasing offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at such locations and in such forms as the Declarant may deem advisable and to use such model homes (including model homes which are sold and leased back to the Declarant), sales or leasing offices or other facilities for the purpose of selling or leasing Homes on the Premises or at other properties in the general location of the Premises which are being offered for sale by the Declarant or any of its respective affiliates, without the payment of any fee or charge whatsoever to the Association. Declarant and its respective agents, prospective purchasers and tenants, shall have the right of ingress, egress and parking in and through, and the right to use and enjoy the Community Area, at any and all reasonable times without fee or charge. The Declarant shall have the right and power to lease any Home owned by it to any person or entity which it deems appropriate in its sole discretion. 10.03 CONSTRUCTION ON PREMISES: In connection with the construction of improvements to any part of the Premises, the Declarant and its respective agents and contractors, shall have the right, at the Declarant's own expense, (but shall not be obligated) to make such alterations, additions or improvements to any part of the Premises including, without limitation, the construction, reconstruction or alteration of any temporary or permanent improvements to any structure which shall contain Homes which the Declarant deems, in its sole discretion, to be necessary or advisable, and the landscaping, sodding or planting and replanting of any unimproved portions of the Premises. In connection with the rights provided in the preceding sentence, the Declarant and its respective agents and contractors, shall have the right of ingress, egress and parking on the Premises and the right to store construction equipment and materials on the Premises without the payment of any fee or charge whatsoever. 10.04 DECLARANT CONTROL OF ASSOCIATION: The first and all subsequent Boards shall consist solely of three (3) persons from time to time designated by the Declarant, which persons may, but need not, be members under Section 5.02. Declarant's rights under this Section to designate the members of the Board shall terminate on the first to occur of (i) such time as Declarant no longer holds or controls title to any part of the Development Area, (ii) the 24 giving of written notice by Declarant to the Association of Declarant's election to terminate such rights, or (iii) seven (7) years from the date of Recording hereof. The date on which the Declarant's rights under this Section shall terminate shall be referred to as the "Turnover Date ". From and after the Turnover Date, the Board shall be constituted and elected as provided in the By -Laws. Prior to the Turnover Date all of the voting rights at each meeting of the Owners shall be vested exclusively in the Declarant and the Owners shall have no voting rights. 10.05 OTHER RIGHTS: The Declarant shall have the right and power to execute all documents and do all other acts and things affecting the Premises which, in Declarant's opinion, are necessary or desirable in connection with the rights of Declarant under this Declaration. 10.06 ASSIGNMENT BY DECLARANT: All rights which are specified in this Declaration to be rights of the Declarant are mortgageable, pledgeable, assignable or transferable. Any successor to, or assignee of, the rights of the Declarant hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of foreclosure, or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder as fully as if named as such party herein. No such successor assignee of the rights of Declarant hereunder shall have or incur any liability for the acts of any other party which previously exercised or subsequently shall exercise such rights. 10.07 GRANT OF EASEMENTS AND DEDICATIONS: Declarant shall have the right to dedicate portions of the Community Area to the County, the Municipality or any municipality or other govemmental authority which has jurisdiction over such portions. Declarant shall also have the right to reserve or grant easements over the Community Area to any governmental authority, public utility or private utility for the installation and maintenance of cable TV, electrical and telephone conduit and lines, gas, sewer or water lines, or any other utility services serving any Lot. ARTICLE FT EVEN Amendment 11.01 SPECIAL AMENDMENTS: Anything herein to the contrary notwithstanding, Declarant reserves the right and power to Record a special amendment ( "Special Amendment ") to this Declaration at any time and from time to time which amends this Declaration (i) to comply with requirements of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Veteran's Administration, or any other governmental agency or any other public, quasi - public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with firstmortgages covering Lots, (iii) to correct errors, omissions, ambiguities or inconsistencies in the Declaration or any Exhibit, (iv) to bring the Declaration into compliance with applicable laws, ordinances or governmental regulations, or (v) to amend Exhibit A to include additional real estate. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the +344169014600074449440C-425 25 Declarant to make, execute and Record Special Amendments. The right and power to make Special Amendments hereunder shall terminate five (5) years after such time as Declarant no longer holds or controls title to a portion of the Development Area. 11.02 AMENDMENT: Subject to Section 11.01 and Article Twelve, the provisions of this Declaration may be amended, abolished, modified, enlarged, or otherwise changed in whole or in part by the affirmative vote of Voting Members representing at least Seventy -Five percent of the total votes or by an instrument executed by Owners of at least Seventy -Five Percent (75%) of the Lots; except, that (i) the provisions of this Section 11.02 may be amended only by an instrument executed by all of the Owners and all Mortgagees, (ii) Article Ten or any other provisions relating to the rights of Declarant may be amended only with the written consent of the Declarant, and (iii) no amendment to the Declaration which changes the ratio of assessments against Owners shall become effective without the consent of all Mortgagees. No amendment which removes Premises from the provisions of this Declaration shall be effective if as a result of such removal, an Owner of a Lot shall no longer have the legal access to a public way from his Lot. No amendment under this Se 1i• a , all be effective with e . ' , royal h - Municipality; said approval shall not be unreasonably withheld. Any proposed amendments under this Section shall be submitted to the Municipality in writing and unless the Owners or their representative are notified of the Municipality's dis.pproval within twenty -one (21) days of receipt of the written notice, the proposed amendment shall be deemed approyed. No amendment shall become effective until properly Recorded. (31069: 0Q6: 00071 1 19.DOC : ) 26 ARTICLE TWELVE Mortgagees Rights 12.01 NOTICE TO MORTGAGEES: Upon the specific, written request of Mortgagee or the insurer or guarantor of a Mortgagee's mortgage, such party shall receive some or all of the following: (a) Copies of budgets, notices of assessment, or any other notices or statements provided under this Declaration by the Association to the Owner of the Lot covered by the Mortgagee's mortgage; (b) Any audited or unaudited financial statements of the Association which are prepared for the Association and distributed to the Owners; provided, that, if an audited statement is not available, then upon the written request of the holder, insurer or guarantor of a Mortgage, the Association shall permit such party to have an audited statement for the preceding fiscal year of the Association prepared at such party's expense; (c) Copies of notices of meetings of the Owners; (d) Notice of any default by the Owner of the Lot which is subject to the Mortgagee's mortgage under this Declaration, the By -Laws or the rules and regulations of the Association which is not cured within 30 days of the date of the default; (e) The right to examine the books and records of the Association at any reasonable times; and (t) A lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. The request of any such party shall specify which of the above it desires to receive and shall indicate the address to which any notices or documents shall be sent by the Association. 12.02 INSURANCE PROCEEDS /CONDEMNATION AWARDS: In the event of any distribution of any insurance proceeds hereunder as a result of damage to, or destruction of, any part of the Community Area other property which the Association is required or contractually obligated to maintain, any such distribution shall be made to the Owners and their respective Mortgagees, as their interests may appear, and no Owner or other party shall be entitled to priority over the Mortgagee of a Lot with respect to any such distribution to or with respect to such Lot; provided, that, nothing in this Section shall be construed to deny to the Association the right to apply insurance proceeds to repair or replace damaged Community Area other property which the Association is required or contractually obligated to maintain. 27 ARTICLE THIRTEEN Annexing Additional Property 13.01 IN GENERAL: Declarant reserves the right at any time and from time to time prior to ten (10) years from the date of Recording of this Declaration to annex, add and subject additional portions of the Development Area to the provisions of this Declaration as additional Premises by recording a supplement to this Declaration (a "Supplemental Declaration "), as hereinafter provided. Any portion of the Development Area which is subjected to this Declaration by a Supplemental Declaration shall be referred to as "Added Premises "; any portion of any Added Premises which is made part of the Community Area shall be referred to as "Added Community Area "; and any Lots contained in the Added Premises shall be referred to as "Added Lots ". After the expiration of said ten (10) year period, Declarant may exercise the rights described herein to annex, add and subject additional portions of the Development Area to the provisions of this Declaration, provided that the consent the Owners (by number) of two - thirds (2/3) of all Lots then subject to this Declaration is first obtained. 13.02 POWER TO AMEND: Declarant hereby retains the right and power to Record a Supplemental Declaration, at any time and from time to time as provided in Section 13.01, which amends or supplements Exhibit B. Exhibit B may only be amended or supplemented pursuant to this Article to add portions of the Development Area to Exhibit B and shall not be amended to reduce or remove any real estate which is described in Exhibit B immediately prior to the Recording of such Supplemental Declaration. A Supplemental Declaration may contain such additional provisions affecting the use of the Added Premises or the rights and obligations of owners of any part or parts of the Added Premises as the Declarant deems necessary or appropriate. 13.03 El.1-hCT OF SUPPLEMENTAL DECLARATION: Upon the Recording of a Supplemental Declaration by Declarant which annexes and subjects Added Premises, Added Community Area, or Added Lots to this Declaration, as provided in this Article, then: (a) The easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges set forth and described herein shall run with and bind the Added Premises and inure to the benefit of and be binding on any Person having at any time any interest or estate in the Added Premises in the same manner, to the same extent and with the same force and effect that this Declaration applies to the Premises, and Persons having an interest or estate in the Premises, subjected to this Declaration prior to the date of the Recording of the Supplemental Declaration; (b) Every Owner of an Added Lot shall be a member of the Association on the same terms and subject to the same qualifications and limitations as those members who are Owners of Lot immediately prior to the Recording of such Supplemental Declaration; (c) In all other respects, all of the provisions of this Declaration shall include and apply to the Added Premises (including the Added Community Area and Added Lots, if any) made subject to this Declaration by any such Supplemental Declaration and the Owners, mortgagees, and lessees thereof, with equal meaning and of like force and effect 28 and the same as if such Added Premises were subjected to this Declaration at the time of the Recording hereof; (d) The Recording of each Supplemental Declaration shall not alter the amount of the lien for any Charges made to a Lot or its Owner prior to such Recording; (e) The Declarant shall have and enjoy with respect to the Added Premises all rights, powers and easements reserved by the Declarant in this Declaration, plus any additional rights, powers and easements set forth in the Supplemental Declaration; and (f) Each Owner of an Added Lot which is subject to assessment hereunder shall be responsible for the payment of the Community Assessment pursuant to Section 6.02, but shall not be responsible for the payment of any special assessment which was levied prior to the time that the Added Lot became subject to assessment hereunder. ARTICLE FOURTEEN Special Development Rights 14.01 GRANT OF SPECIAL DEVELOPMENT RIGHTS: The Declarant shall have the right and power (but shall not be obligated) to grant Special Development Rights to a Special Development Rights Holder. The grant of Special Development Rights may be made in the deed which conveys a portion of the Premises to the Special Development Rights Holder or in a separate Recorded instrument ( "Granting Document "). If a grant of Special Development Rights is made, the Granting Document shall include the following: (a) A legal description of the portion of portions of the Premises which are subject to the Special Development Rights (the "Special Development Rights Area "); (b) A specific list of description of the Special Development Rights granted; (c) An expiration date for each Special Development Right granted, which shall in no event be later than such time as the Special Development Rights Holder no longer holds title to any portion of the Special Development Rights Area; { 31069: 006: 00074149.DOC :) 29 (d) Limitations or restrictions on the exercise of Special Development Rights; (e) Such other provisions as the Declarant and the Special Development Rights Holders may agree upon. 14.02 EXERCISE OF SPECIAL DEVELOPMENT RIGHTS: Special Development Rights shall be exercised subject to the following: (a) Each Special Development Rights Holder shall be required to pay assessments to the Community Association for each Lot from time to time owned by it in the Special Development Rights Area on the same basis as each other Owner; (b) The Special Development Rights Holder shall not be required to pay any fee or charge to the Community Association for the exercise of Special Development Rights granted to it over and above any assessments payable by the Special Development Rights Holder. ARTICLE )~' FTEEN Miscellaneous 15.01 NOTICES: Any notice required to be sent to any Owner under the provisions of this Declaration or the By -Laws shall be deemed to have been properly sent if (i) mailed, postage prepared, to his or its last known address as it appears on the records of the Association at the time of such mailing, (ii) transmitted by facsimile or e-mail to his or its facsimile number or e- mail address as either appears on the records of the Association at the time of such transmittal, or (iii) when personally delivered to his or its Lot. The date of mailing, or the date of transmission if the notice is sent by facsimile or e-mail, shall be deemed the date of service. 15.02 CAPTIONS: The Article and Section headings are intended for convenience only and shall not be construed with any substantive effect in this Declaration. In the event of any conflict between statements made in recitals to this Declaration and the provisions contained in the body of this Declaration, the provisions in the body of this Declaration shall govern. 15.03 SEVERABILITY: Invalidation of all or any portion of any of the easements, restrictions, covenants, conditions, or reservations, by legislation, judgment or court order shall in no way affect any other provisions of this Declaration which shall, and all other provisions, remain in full force and effect. 15.04 PERPETUITIES AND OTHER INVALIDITY: If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such provisions shall continue only until twenty -one (21) years after the death of the survivor of the now living lawful descendants of George H. W. Bush, former President of the United States at the time this Declaration is Recorded. 30 15.05 TITLE HOLDING LAND TRUST: In the event title to any Lot is conveyed to a title holding trust, under the terms of which all powers of management, operation and control of the Lot remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all Charges and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Lot. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon the Lot and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such Lot. . 31 15.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY: Illinois courts have held that every agreement for the construction of a new home in Illinois carries with it a warranty that when completed, the home will be free of defects and will be fit for its intended use as a home. The courts have also held that this "Implied Warranty of Habitability" does not have to be in writing to be a part of the agreement and that it covers not only structural and mechanical defects such as may be found in the foundation, roof, masonry, heating, electrical and plumbing, but it also covers any defect in workmanship which may not easily be seen by the purchaser. However, the courts have also held that a seller - builder and purchaser may agree in writing that the Implied Warranty of Habitability is not included as a part of their particular agreement. Each purchaser of a Home from Declarant agreed in the purchase contract that the Declarant has excluded and disclaimed the Implied Warranty of Habitability and all other implied warranties, whether created judicially, statutorily or by common law, including the implied warranty of fitness for a particular purpose. Such exclusion and disclaimer shall apply to and bind any subsequent Owner of a Home and, accordingly, no Owner of a Home shall be able to assert a claim against Declarant for a breach of the Implied Warranty of Habitability or any other implied warranty. [REMAINDER OF THIS PAGE IS BLANK] 131069: 006: 0 0743'9.noc 132 Dated: , 2004M__ DECLARANT: HOMEWERKS - LEMONT LLC, an Illinois limited liability company By: Its: STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County and State, do hereby certify that appeared before me this day in person and acknowledged that _he signed, sealed and delivered said instrument as h_ free and voluntary act, and as the free and voluntary act of the HomeWerks - Lemont LLC for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _ day of 2004.20 33 Notary Public EXHIBIT A TO DECLARATION FOR THE GLENS OF CONNEMARA The Development Area PARCEL 1: LOTS 1 THROUGH 140. BOTH INCLUSIVE. AND • UTLOTS A, : • F G AN 1 ht. _ • • N 1_. u • • • W T'/ • 1._ • ' T x AST'A EA •F D P RT PARCEL 2: EA EMENT FOR INGRESS AND EGRESS OR THE BENEFIT OFL T P •. _ 1 • • • 1 1 NT •F R • RDED N • VEMB R 24 2003 AS DOCUM N 033282927' OVE • AT PART OF THE LAND DEPICTED ON EXHIBIT 13 ATT • CHED THERETQ PARCEL 3: ASEMEJVT FOR INGRESS AND EGRESS FOR THE BENEFIT OF THAT PA • T • F P: ,CE 1 1 ; TH i ADJ • ININ TH • R ATED N :Y H II • •uP•th_ Y 0'))N• V M 24, 2003 A DOCUMENT 033282928Q OVER THAT PART OJ=THE LAND DEPICTED ON EXH IT B _UALHE T R PAR EL 4: EA EN OR THE NE • F PA • T • F • R L 1 AS C D : Y STORM SEW R ASEMENT RECORDED NOVEMBER 24.2003 AS DOCUMENT 0332829281 FROM COMMONWEALTH RT)T.SON COMPANY Tn HOME x ERKS LEMONT. LLC FOR THE CONSTRUCTION AND MAIN NANCE OF A,STORM SEWER OVER THAT PART OF THE LAND DEPICTED ON EXHIBIT B ATTACHED THERETO Lots 1 through 140, both inclusive, and Outlots A, B, C, D, F, G and H in PARCEL 5: A NON- LU IVE A - MENT FOR THE BENE 1 OF P • R E 1 A C A 1 ;YEASMNT RE M NTD TED T 11 2014ANi RE ORD D DECEMBER 2 2004 S DOCUMEN 0435733211 FROM CHI AGO TITLE LAND • . • 111 :N• TR TEE •ER T T G EMENT TRUST NUMBER 45553 TO HOMEWERKS - LEMONT, LLC FOR THE USE OF A V 1B THE NORTH 500.001~ ET OF THE EAST- 500.00 FEELQF T WEST 3/4 OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35. TOWNSHIP 37 NORTH, RANGE 11. EAST OF THE THIRD PRTNC'TPAT MERIDIAN IN COOK CO1JNTY ILT .INOIS. 43446'.006 ,.,0,�.,.,,..419.DC -}34 EXHIBIT B TO DECLARATION FOR THE GLENS OF CONNEMARA The Premises I. Lots. Each of the following described lots shall be a "Lot" hereunder: Lots 1 through 140, both inclusive, in The Glens of Connemara, being a subdivision of part of the West 1/2 of the Northeast 14 of Section 35, Township 37 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois. II. Community Area: Outlots A, B, C, D, F and G in The Glens of Connemara, being a subdivision of part of the West 1/2 of the Northeast 1/4 of Section 35, Township 37 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois. PINS: to be inserted ADDRESSES: Various addresses on Highland Drive, Aberdeen Lane, Dundee Lane, Stuart Court and Perth Way, all in Lemont, , Illinois. 131069: 006:000711 49.DOC : }35 Document com•arison done b DeltaView on Monda , October 03, 2005 7:10:19 PM Document 1 Document 2 Renderin• set W ORLDOX: / /M: \Clients131069 \006100074449. BKA W ORLDOX: / /M: \Clients131069 \006 \00074449. DOC Standard {31069: 006: 00085416.DOC : ) THE GLENS OF CONNEMARA LEMONT, ILLINOIS ENTRANCE DETAIL (2 LOCATIONS) SCALE: 1"=10' •£TAL 5166 PANEL SRICIC 4 5Tg42 PIER 6' LECCRATIVE FENCE • r 1111 111111111111 The GLENS of CONNEMARA 1111111111111111 i,F.ti�cr —t Tr' ( \ NI AA:Ce dl 4S n/firM(11( r0I 10)4 DI dtl r 1P1 nrrltti fdlvlhr 1 1n 13111 1(4 el "1'10 /i11111 1fA1 i)�(v r1 rlrrhi OOWVV00( SIGNAGE ELEVATION (4 LOCATIONS) SCALE: 3.8 " =1' 0" klEtt HomeWerks DEVELOPMENT COMPANY 700 E. Diehl Rd. Naperville. IL 60563 Phone: (630) 505 -2600 Fax: (630) 505 -1600 20'AGC/E'55 EASO.IENT t 'r olacee Lme •!F sEeeEaawrl^ ■2 11.000 rl I I 151 ii (12000 r1 I I N4 I 02.400 en I 150 I 1551 (4000 M) I1~ I5eeR1 ,11 1I 1" e � -mr00 )11 MAN AR eT 02.032 0r1 • 14 ¢2Ar r, r 15 I ¢2M rl 1' 1 ¢2000 r, T • in,,. 1 Yr RN VG TENTIO0 LIFT STATION 50 00077 •r? 511 napes r1 „ r-I 0.2"1 Sr' (lama lT I 54 I! =AO r1I 11 M� IM "I 1, 11", "'"1 in.s4 r1 ;,, ►0401♦ _ a'=,vzyac71.77E' ..--�. ;e liv•eiwwreewselac,v -- 3 / b4 0,64 2 +e eR1 I I !j 51 L p[ r �s0a0 e� MO I wei+_wm cwe• JG ° -. Vie" e y�ses.w�wwwrnZw �.._ ' 1 grr -- ���A�4atJtwt• (I,pce r,. R404 r,p�l�e 11 I r J roue rl 90 M1[ 41 / / e® .L. fE trove b, /MAN Ni , 1 I' __e_ u1LFM01V1a15 2•• l":ii 'il. irTMSui F ik,kai.• _vi,v &:. 'Elf IIPPRELN— —MK -ri li 1-A' 'MODEL eia2 '21.49. r1 'STREET RIGHT IN/ RIGHT OUT/ LEFT OUT 5' ORNAMENTAL FENCE ALONG IDlit STREET SEE SHEET L -I FOR ENTRANCE PLANTINGS H ENTRANCE 51GNASE 4 a Sr IlJIdsllSiiJl1 ha50a111YYANCJaCtl1`4itt, . E h ^— 11e:711iY11iA %illlAfYT I'' 1" kii• ENTRANCE MONUMENT ELEVATION © 2004 Ives /Ryan Group,ine. Copyright 2004 Ives /Ryan Group. Inc., all rights reserved. The deelgn end any and all ideas contained herin are the sole property of the Ives /Ryan Group, Inc. Reproduction of the design or concept embodied herein In any form. In whole or in pert., without the consent of the Ives/Ryan Group, Inc. Is prohibited. SCALE: 5/16 " =1' -0" REVISIONS 1 PER TRAFFIC CAWING 1 -29 -04 2 PER ENGINEERING 2 -4 -04 78 Acre — 131st Street HOME WERKS DEVELOPMENT COMPANY 700 East Diehl Rd. Suite 130 Naperville, IL 60563 00' 10' UTILITY/DRAYAGE EASEMENT 30' REAR YARD SETBACK R 1 s a1 R A 25' FRONT YARD SETBACK r Naperville, IL 60563 10' UTILITY/DRAINAGE EASEMENT STREET TYPICAL LOT SCALE: 1 " =30' PLAYGROUND LAYOUT SCALE: 1 " =20' PLAN DATA TOTAL AREA COMED ROW NET AREA TOTAL LOTS NET DENSITY MIN.LOT SIZE MAX. LOT SIZE AVG. LOT SIZE PLANT LEGEND 78.39 ACRES 11.25 ACRES 67.14 ACRES 140 2.09 DU /AC 12,500 SF 24,014 SF 13,931 SF DEC. SHADE TREE (2.5 ") DEC. ORN. TREE (8' toll) EVERGREEN TREE (6' tall) LARGE DEC. SHRUBS (36" tall) SMALL DEC. SHRUBS (18" tall) EVERGREEN SHRUBS (24" tall) ORNAMENTAL GRASSES PERENNIALS & GROUNDCOVERS Ives /Ryan Group, Inc. Land Planning Landscape Architecture Golf Course Architecture 100146 Nodh Mill Street Naperville, IL 60563 P14ne: (630) 717 -0726 Fax: (630) 7174075 E.Mail: Ivearyaneaol.com "�Inllt!IIIII °� SITE PLAN PROJECT NO.: JOB NO.'. S11603 6928 DATE: _1.7.tL79.i SHEET SCALE 1 "6100' PLANNER' JTR DRAWN BY: Tb /MI \ \\ / / /v // / ' / '1 \ O ,/V i - p' c7 N \ -)-, / / 1 // // 1 ,� \ \\ \ \� \ 1 / / \ 1 i \_ t \/ 1 rl l PRELIMINARY ENGINEERING PLAN FOR HOMEWERKS DEVELOPMENT GL`fNEAGLES 'GOLF- C'OpRS' UNSUBDIMIDED;; ' // / (UNIt4CDRE_ORATED -CW00 �=3) ( 1 i 1 1 / .6) / /' / / / / / ' i�1 ■ i 23 /',r , \I ■ \ DRY DETENTION BASIN D HWL =15.0 ! ; STORAGE PROM D =0.81'ACT,FT / 1 / 723-- _- -723-- -713_ �± \ \\ 104 \\ 7 / 712 -- MET DETENTION BASIN C ' NWL =710.0 / HIM. =716.0 / STORAGE PROVIDED=10.80 AC -FT' `. - -143- -_- I11IE \11a••• - -MET- DETENION-BASIN'i1 NWL=711#1 HML =716.0 STORAGE PROVIDED =14.97 AC -FT ' l / 7 \ / 7 / \ / \ / \/ "s\1 / INN. 1 i . -.■ .:,.a >:Lr_ DRY DETENTION BASIN B HWL =716.0 STORAGE PROVIDED =3.26 AC-,Ft 44f .//// /.'sh r " � ,;/"Y/f MA•%,:j f/. '6„,./. 'f/? -,c1 /1 % _,17_ 715- 34 cc 0 0 V tic i20/m \ ''� 7. ` \ \ -�' \ \ \. CONNECT T0;1 S11NGv v v ATER MAIN A'1E SANITARY ' 734. 43/ 12b- 1 LOT 41 f\iJ "34- 100 0 50 Au 4t BER AATH i I LOT 42 i LOT 43 ( UNIT ONE OF JEANETTE'S FOX HILLS DOCUMENT 89225855 (COOK COUNTY R -4) GRAPHIC SCALE 100 200 ( IN FEET ) 1 inch = 100 ft. -�a X725- - -726 _ 44 LOT 44 LOT 45 400 Copyright, 2004 C. M. Lavoie & Associates, Inc. These plans are protected under the copyright laws of the United States and foreign countries, and are to be used only for the construction and/or repair of the Site Improvements as defined in the contract between the Engineer and the Owner. Any use of these plans, including details and specifications, to construct and/or repair additional items not described in these plans, constitutes a violation of the Engineer's copyright of these plans and is prohibited. LOT 46 UNIT TWO OF JEANETTE'S FOX HILLS DOCUMENT 92596852 (COOK COUNTY R -4) 33' 4" PER FT LOT 47 66' R O-W 27' 8-B 1/4" PER FT LOT 48 0 33, 1. 1 1/2" BITUMINOUS SURFACE COURSE, CLASS I, MIX C, TY - 3 2. PRIME COAT (0.10 GAL/SY - RC70) 3. 1 1/2" BITUMINOUS BINDER COURSE, CLASS 1, MIX 8, TY - 2 4. 6" BITUMINOUS AGGREGATE MIXTURE(BAM), M.S. =1500 5. PRIME COAT (0.30 GAL /SY - RC70) 6. 4" AGGREGATE BASE COURSE, TY 8, CA -6 7. GEOTECHNICAL FABRIC FOR SOIL STABILIZATION a APPROVED SUBGRADE 9. 4" MINIMUM TOPSOIL 10. M3.12 CURB AND GUTTER 11. 4" MINIMUM BASE COURSE (CA -6) COMPACTED TO 95X MOD PROCTOR 12. 5 FOOT WIDE PCC SIDEWALK - LOCATED ONE FOOT INSIDE R.O.W. 13. PUBLIC WATERMAIN - MINIMUM 5.5' DEEP - 8 "4, TYP. 14. PUBLIC STORM SEWER 15. PUBLIC SANITARY SEWER - 8 "0, TYP. 11.5' ELEVATION CONVERSIONS TOP OF CURB = CENTERLINE - 0.05 FEET FLOW LINE = CENTERLINE - 0.30 FEET EDGE OF PAVEMENT = CENTERLINE - 0.24 RIGHT OF WAY = CENTERLINE + 0.35 FEET STRUCTURAL NUMBER 1.5" *0.40= 0.60 1.5" *0.40 = 0.60 6.0" * 0.30 = 1.80 4.0" *0.11 = 0.44 TOTAL = 3.44 TYPICAL PAVEMENT SECTION 0 LOT 112 CONNECT TO EXISTING WATERMAIN PROVIDE CONNECTION TO EXISTING DRAINTILE - PLANS PREPARED FOR: HOMEWERKS DEVELOPMENT COMPANY 700 EAST DIEHL ROAD, SUITE 130 NAPERVILLE, IL 60563 ATTN: ANGELO PALUMBO (630) 505 -2600 T 0 0 • u m • 0 0 • 0 - 8 "WI-- HWL NWL -632 -- 632- . 7 � FM - LEGEND PROPOSED FLARED END SECTION EXISTING FLARED END SECTION PROPOSED STORM MANHOLE EXISTING STORM MANHOLE PROPOSED INLET EXISTING INLET PROPOSED FIRE HYDRANT EXISTING FIRE HYDRANT PROPOSED VALVE AND VAULT EXISTING VALVE AND VAULT PROPOSED VALVE BOX PROPOSED CATCH BASIN EXISTING CATCH BASIN PROPOSED SANITARY MANHOLE EXISTING SANITARY MANHOLE PROPOSED B BOX EXISTING VALVE BOX PROPOSED WATERMAIN EXISTING WATERMAIN PROPOSED SANITARY SEWER EXISTING SANITARY SEWER PROPOSED STORM SEWER EXISTING STORM SEWER HIGH WATER LEVEL NORMAL WATER LEVEL EXISTING CONTOUR PROPOSED CONTOUR PROPOSED SILT FENCE STRAW BALES EMERGENCY FLOOD ROUTE APPROXIMATE GARAGE LOCATION PROPOSED LIGHTPOLE PROPOSED FORCE MAIN STREET TYPICAL LOT SETBACK /EASEMENT DIMENSIONS (UNLESS OTHERWISE INDICATED ON THE HEREON DRAWN PLAT) (IRON PIPE WILL BE SET AT ALL LOT CORNERS UPON COMPLETION OF FINAL GRADING) LEGAL DESCRIPTION: PARCEL 1 THE SOUTH % OF THE EAST % OF THE WEST % OF THE WEST % OF THE NORTHEAST /4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THE SOUTH % OF THE EAST % OF THE WEST % OF THE NORTHEAST% (EXCEPT THE EAST 30 FEET); ALSO EXCEPT THE FOLLOWING: BEGINNNIG AT THE NORTHEAST CORNER OF THE SOUTHWEST /4 OF THE NORTHEAST %; THENCE WEST ALONG THE ALONG THE NORTH LINE OF SAID SOUTHWEST % OF THE NORTHEAST %,100 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST Y OF THE NORTHEAST Y, 70 FEET SOUTH OF THE POINT BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING; ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3 THE WEST % OF THE NORTHEAST% OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH %, AND EXCEPTING THAT PART OF THE NORTH % THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST % OF THE NORTHEAST Y OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH % OF THE NORTHEAST Y OF SAID SECTION 35; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST % WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THEREFROM THE SOUTH % OF THE EAST % OF THE WEST % OF SAID NORTHEAST Y OF SECTION 35; AND ALSO EXCEPTING THEREFROM THE SOUTH /20F THE EAST % OF THE WEST % OF THE WEST /20F SAID NORTHEAST Y OF SECTION 35; AND ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST 3/4 OF THE SOUTH % OF THE WEST% OF SAID NORTHEAST Y OF SAID NORTHEAST Y OF SECTION 35) IN COOK COUNTY, IWNOIS. AINIMUM LOT SIZE = 12,501 SF (0.287 AC) MAXIMUS LOT SIZE = 21,699 SF (0.492 AC) AVERAGE LOT SIZE = 13,642 5F (0.313 AC) LOT 141 (LIFT STATION) LOT 142 (DETENTION) LOT 143 (DETENTION) LOT 144 (DETENTION) LOT 145 (DETENTION) LOT 146 (PARK) R.O.M. DEDICATION = 4,210 SF 31,423 SF 111,177 SF 94,556 SF = 37,545 SF 99,724 SF (0.097 AC) (0.721 AC) (2.552 AC) (2.171 AC) (0.862 AC) (2.289 AC) 657,842 SF (15.102 AC) BENCHMARK TOTAL = 2,989,295 SF (68.625 AC) 1. NGVD RM 549 A BOAT SPIKE FLUSH WITH GROUND IN SOUTH ME OF POWER POLE NEAR NORTHEAST QUADRANT OF 11511 STREET AND BELL ROAD. (SEE F.I.R.M. COMMUNITY PANED 170054- 0165.8 DATED APRIL 15,1981) ELEVATION = 719.804 NOTES: 1. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, SUCH AS WATER MAINS, SEWERS, GAS LINES, ELECTRIC LNWES, TELEPHONE ONES, ETC., AS SHOWN ON THE PLANS HAVE BEEN DETERMINED FROM THE BEST AVAILABLE INFORMATION AND IS GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. HOWEVER, THE ENGINEER AND ONNER DO NOT ASSUME RESPONSIBILITY FOR THE ACCURACY OF THE LOCATIONS SHOWN. IT SHALL BE 1HE CONTRACTOR'S RESPONSIBILITY TO CONTACT ALL UTILITY COMPANIES AND THEIR FACILITIES SHALL BE LOCATED PRIOR TO ANY WORK. 2. EXISTING GRADES AND IMPROVEMENTS ARE SHOWN FROM THE BEST INFORMATION AVAILABLE AND MUST BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TO THE START OF CONSTRUCTION. ANY DISCREPANCY WITH THE PLAN SHALL BE IMMEDIATELY REPORTED TO THE ENGINEER. 3. ALL DIMENSIONS ARE TO BACK OF CURB OR LOT CORNER, UNLESS OTHERWISE NOTED. 4. FOR ACCURATE BOUNDARY INFORMATION, SEE PRELIMINARY SUBDIVISION PLAT. 5. ALL PROPOSED STRIPING SHALL BE 4 INCH WIDE YELLOW PAINT. 6. ALL PROPOSED CURB SHOWN HEREON IS M3.12 MOUNTABLE CURB AND GUTTER, UNLESS OTHERWISE NOTED. 7. WATER AND SANITARY SEWER SERVICE TO BE PROVIDED BY ILLINOIS AMERICAN WATER COMPANY. HOMEWERKS DEVELOPMENT 131ST STREET WEST OF BELL ROAD UNINCORPORATED COOK COUNTY,IL PRELIMINARY ENGINEERING PLAN DRAWN BY: GG CHECKED BY: MDC SCALE: 1"=100' DATE: 02 -02-04 clailloi Consulting Civil Engineering Land Planning & Surveying 633 Rogers Street Downers Grove, Illinois 60515 voice 630 -434 -2780 fax 630 - 434 -2781 C.M. Lavoie & Associates, Inc. JOB NUMBER: 03 -236 SHEET: 1 OF 1 DATE DESCRIPTION 2 3 4 5 7 MA03- 238 Wwg1Preliminary Drawings1Preliminary Engineering Plan .dwg, 02/09/2004 03:52:32 PM, HP DesignJet 1055CM (mal) by HP.pc3 THE GLENS OF CONNEMARA BEING A SUBDIVISION OF PART OF THE WEST z OF THE NORTHEAST 4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. COUNTY SUPERINTENDENT OF HIGHWAYS THIS PLAT HAS BEEN APPROVED BY THE COOK COUNTY HIGHWAY DEPARTMENT WITH RESPECT TO ROADWAY ACCESS PURSUANT TO 765 ILCS 205/2. HOWEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK COUNTY HIGHWAY DEPARTMENT, IS REQUIRED BY THE OWNER OF THE PROPERTY FOR THIS ACCESS. APPROVED THIS DAY OF ATTEST: COOK COUNTY SUPERINTENDENT OF HIGHWAYS VILLAGE CLERK'S CERTIFICATE STATE ILLINOIS )SS COUNTY OF A.D. 200__. I, VILLAGE CLERK OF THE VILLAGE OF LEMONT, DO HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS PRESENTED TO AND BY RESOLUTION OR ORDER DULY APPROVED BY THE BOARD OF TRUSTEES OF SAID VILLAGE AT ITS MEETING HELD ON , 20___, AND THAT THE REQUIRED BOND OR OTHER GUARANTEE HAS BEEN POSTED FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY THE REGULATIONS OF SAID VILLAGE. IN WITNESS WHEREOF, I HAVE HERETO SET MY HAND AND SEAL OF THE VILLAGE OF LEMONT, ILLINOIS, THIS ___ DAY OF , 20____. CERTIFICATE AS TO SPECIAL ASSESSMENTS STATE ILLINOIS )SS COUNTY OF VILLAGE CLERK 1, VILLAGE TREASURER OF THE VILLAGE OF LEMONT, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT OR UNPAID CURRENT OR FORFEITED SPECIAL ASSESSMENTS, OR ANY DEFERRED INSTALLMENTS OF ANY OUTSTANDING UNPAtD SPE MU-ASSESSMENTS WHICH HAVE NOT BEEN DIVIDED IN ACCORDANCE WITH THE PROPOSED SUBDIVISION AND DULY APPROVED BY THE COURT THAT CONFIRMED THE SPECIAL ASSESSMENT. DATED AT LEMONT, , COUNTY, ILLINOIS, THIS DAY OF A.D., 20____. VILLAGE TREASURER COUNTY CLERK CERTIFICATE STATE ILLINOIS ) )SS COUNTY OF _______) 1, , COUNTY CLERK OF COUNTY, ILLINOIS, DO HEREBY CERTIFY I FIND NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT GENERAL TAXES, NO UNPAID FORFEITED TAXES, NO DELINQUENT OR UNPAID CURRENT SPECIAL ASSESSMENTS, NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND SHOWN ON THIS PLAT OF SUBDIVISION AND NO DEFERRED INSTALLMENTS OF ANY OUTSTANDING UNPAID SPECIAL ASSESSMENTS WHICH HAVE NOT BEEN DIVIDED IN ACCORDANCE WITH THE PROPOSED SUBDIVISION AND DULY APPROVED BY THE COURT THAT CONFIRMED THE SPECIAL ASSESSMENT. GIVEN UNDER MY HAND AND SEAL AT , COUNTY, ILLINOIS, THIS DAY OF , A.D., 20__. SURFACE WATER DRAINAGE CERTIFICATE STATE OF ILLINOIS COUNTY OF )SS COUNTY CLERK WE HEREBY CERTIFY THAT THE TOPOGRAPHICAL AND PROFILE STUDIES REQUIRED BY THE ILLINOIS PLAT ACT, HI. COMPILED .STAT., CH. 109, SEC. 1 ET.SEQ., AS NOW OR HEREAFTER AMENDED, HAVE BEEN FILED WITHTHE VILLAGE OF LEMONT, A__MUNICIPAL CORPORATION IN COOK, DUPAGE, AND WILL COUNTIES, ILLINOIS, AND THE CERTIFICATION AS TO DRAINAGE REQUIRED BY ACT MADE THEREON. DATED THIS ___ DAY OF , 20 REGISTERED PROFESSIONAL ENGINEER, OWNER(S) OR DULY AUTHORIZED ATTORNEY LINCENSE NO. VILLAGE ENGINEER'S CERTIFICATE STATE OF ILLINOIS )ss COUNTY OF _) I VILLAGE ENGINEER OF THE VILLAGE OF LEMONT, ILLINOIS, HEREBY CERTIFY THAT THE LAND IMPROVEMENTS IN THIS SUBDIVISION, AS SHOWN BY THE PLANS AND SPECIFICATIONS THEREFORE, MEET THE MINIMUM REQUIREMENTS OF SAID VILLAGE AND HAVE BEEN APPROVED BY ALL PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. DATED AT LEMONT, ILLINOIS, COOK, WILL, AND DUPAGE COUNTIES, ILLINOIS, THIS ____ DAY OF , 20____. VILLAGE ENGINEER © Copyright, 2005 C. M. Lavoie & Associates, Inc. These plans are protected under the copyright laws of the United States and foreign countries, and are to be used only for the construction and /or repair of the Site Improvements as defined in the contract between the Engineer and the Owner. Any use of these plans, including details and specifications, to construct and /or repair additional items not described in these plans, constitutes a violation of the Engineer's copyright of these plans and is prohibited. EASEMENT TO THE VILLAGE FOR DRAINAGE AND STORMWATER DETENTION DECLARANT HEREBY RESERVES AND GRANTS TO THE VILLAGE OF LEMONT EASEMENTS IN, OVER, UNDER, THROUGH, AND UPON THOSE AREAS DESIGNATED ON THE PLAT AS DRAINAGE AND STORMWATER DETENTION EASEMENT" OR "D.E." FOR PURPOSES OF PROVIDING ADEQUATE STORMWATER DRAINAGE CONTROL TOGETHER WITH REASONABLE ACCESS THERETO. SAID EASEMENTS SHALL BE PERPETUAL AND SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON THE DECLARANT, ITS SUCCESSORS, HEIRS, EXECUTORS AND ASSIGNS. TO ENSURE THE INTEGRITY OF THE STORMWATER FACILITIES, NO OBSTRUCTION SHALL BE PLACED, NOR ALTERATIONS MADE, INCLUDING ALTERATIONS IN THE FINAL TOPOGRAPHICAL GRADING PLAN WHICH IN ANY MANNER IMPEDED OR DIMINISH STORMWATER DRAINAGE OF DETENTION IN, OVER, UNDER, THROUGH OR UPON SAID EASEMENT AREAS. IN THE EVENT SUCH OBSTRUCTION OR ALTERATIONS ARE FOUND TO EXIST, THE VILLAGE SHALL, UPON SEVENTY -TWO (72) HOURS PRIOR NOTICE TO THE PORPERTY OWNER, HAVE THE RIGHT, BUT NOT THE DUTY, TO PERFORM, OR HAVE PERFORMED ON ITS BEHALF, THE REMOVAL OF SAID OBSTRUCTION OR ALTERATIONS OR TO PERFORM OTHER REPAIR, ALTERATION OR REPLACEMENT AS MAY REASONABLEY BE NECESSARY TO ENSURE THAT ADEQUATE STORMWATER STORAGE, STORM DRAINAGE, DETENTION AND RETENTION FACILITIES AND APPURTENANCES THERETO REMAIN FULLY OPERATIONAL AND THAT THE CONDITION OF SAID DRAINAGE EASEMENT COMPLIES WITH ALL APPLICABLE VILLAGE CODES. IN THE EVENT OF AN EMERGENCY SITUATION, AS DETERMINED BY THE VILLAGE, THE SEVENTY -TWO (72) HOURS PRIOR NOTICE REQUIREMENT SET FORTH ABOVE SHALL NO APPLY, AND THE VILLAGE SHALL HAVE THE RIGHT, BUT NOT THE DUTY, TO PROCEED WITHOUT NOTICE TO THE PROPERTY OWNER. IN THE EVENT THE VILLAGE SHALL PERFORM, OR HAVE PERFORMED ON ITS BEHALF, REMOVAL OF ANY OBSTRUCTION OR ALTERATItim TO OR-UP-ON THE-STORMWATER- FACILITIES - DRAINAGE EASEMENT, AS SET FORTH IN THIS EASEMENT, THE COST OF SUCH WORK SHALL, UPON RECORDATION OF NOTICE OF LIEN WITH THE ASSETS OF THE PROPERTY OWNER WHICH CAUSED SUCH OBSTRUCTION OR ALTERATION. THE COST OF THE WORK INCURRED BY THE VILLAGE SHALL INCLUDE ALL EXPENSES AND COSTS ASSOCIATED WITH THE PERFORMANCE OF SUCH WORK INCLUDING, BUT NOT LIMITED TO, REASONABLE ENGINEERING, CONSULTING AND ATTORNEY'S FEES RELATED TO THE PLANNING AND ACTUAL PERFORMANCE OF THE WORK. PUBLIC UTILITY AND DRAINAGE EASEMENT PROVISIONS NON- EXCLUSIVE, PERPETUAL EASEMENTS ARE RESERVED AND GRANTED FOR THE VILLAGE OF LEMONT AND IN THOSE PUBLIC UTILITY COMPANIES OPERATING UNDER FRANCHISES FROM THE VILLAGE OF LEMONT INCLUDING, BUT NOT LIMITED TO, COMMONWEALTH EDISON COMPANY, SBC, NICOR, COMCAST CABLE, AND THEIR SUCCESSORS AND ASSIGNS OVER ALL AREAS MARKED "PUBLIC UTILITIES AND DRAINAGE EASEMENT" AND THOSE AREAS DESIGNATED "P.U. & D.E." ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN, AND OPERATE VARIOUS UTILITY TRANSMISSION AND DISTRIBUTION SYSTEMS, AND INCLUDING BUT NOT LIMITED TO OVERLAND DRAINAGE, STORM AND /OR SANITARY SEWERS, TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, CATCH BASINS, CONNECTIONS, APPLICANCES AND OTHER STUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE AND /OR UTILITY COMPANIES, OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO CUT DOWN AND TRIM OR REMOVE ANY FENCES, TEMPORARY STRUCTURES, TREES, SHRUBS, OR OTHER PLANTS WITHOUT OBLIGATION TO RESTROE OR REPLACE AND WITHOUT NEED FOR PROVIDING COMPENSATION THEREFORE ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF THE SEWERS OR OTHER UTILITIES. NO PERMANENT BUILDINGS OR STRUCTURES SHALL BE PLACED ON SAID EASEMENT, BUT SAME MAY BE USED FOR GARDENS, SHRUBS, LANDSCAPING, AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID USES OR RIGHTS. WHERE AN EASEMENT IS USED FOR BOTH SEWER AND OTHER UTILITIES, THE OTHER UTILITY INSTALLATION SHALL BE SUBJECT TO THE ORDINANCES OF THE VILLAGE OF LEMONT AND TO VILLAGE APPROVAL AS DESIGN AND LOCATION. PERPETUAL EASEMENTS ARE HEREBY RESERVED FOR AND GRANTED TO THE VILLAGE OF LEMONT AND OTHER GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OF THE LAND, OVER THE ENTIRE EASEMENT AREA FOR INGRESS, EGRESS, AND THE PERFORMANCE OF MUNICIPAL AND OTHER GOVERNMENTAL SERVICES INCLUDING WATER, STORM AND SANITARY SEWER SERVICE AND MAINTENCACE AND EMERGENCY AND ROUTINE POLICE, FIRE, AND OTHER PUBLIC SAFETY RELATED SERVICES. OWNER'S CERTIFICATE STATE OF ILLINOIS COUNTY OF )SS THIS IS TO CERTIFY THAT THE UNDERSIGNED IS /ARE THE SOLE OWNER(S) OF THE FOLLOWING DESCRIBED LAND, AND HAS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED, AS SHOWN ON THIS PLAT OF SUBDIVISION, FOR THE USES AND PURPOSES THEREIN SET FORTH, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED. LEGAL DESCRIPTION: PARCEL 1 THE SOUTH Y2 OF THE EAST Yi OF THE WEST 4 OF THE WEST Y2 OF THE NORTHEAST Y OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THE SOUTH Y OF THE EAST Ys OF THE WEST J OF THE NORTHEAST Y4 (EXCEPT THE EAST 30 FEET); ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST Y4 OF THE NORTHEAST Y; THENCE WEST ALONG THE ALONG THE NORTH LINE OF SAID SOUTHWEST Y OF THE NORTHEAST Y, 100 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST Y4 OF THE NORTHEAST Y4 70 FEET SOUTH OF THE POINT BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING; ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3 THE WEST Y OF THE NORTHEAST Y OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH Y2, AND EXCEPTING THAT PART OF THE NORTH Y2 THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST Y OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH Y2 OF THE NORTHEAST Y4 OF SAID SECTION 35; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST Y WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THEREFROM THE SOUTH Y OF THE EAST A OF THE WEST Y OF SAID NORTHEAST Y4 OF SECTION 35; AND ALSO EXCEPTING THEREFROM THE SOUTH Y OF THE EAST ) OF THE WEST % OF THE WEST Y OF SAID NORTHEAST Y4 OF SECTION 35; AND ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST % OF THE SOUTH Y OF THE WEST J OF SAID NORTHEAST Y4 OF SAID NORTHEAST Y OF SECTION 35) IN COOK COUNTY, ILLINOIS. THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT, INCLUDING BUT NOT LIMITED TO, THOROUGHFARES, STREETS, ALLEYS, WALKWAYS AND PUBLIC SERVICES; GRANTS THE TELEPHONE, GAS, ELECTRIC AND ANY OTHER PUBLIC OR PRIVATE UTILITY EASEMENTS AS STATED AND SHOWN ON THIS PLAT; AND GRANTS AND DECLARES THE STORM WATER DRAINAGE AND DETENTION EASEMENTS AS STATED AND SHOWN ON THIS PLAT. THE UNDERSIGNED FURTHER CERTIFIES THAT THERE ARE NO UNPAID DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS AFFECTING THE LAND DESCRIBED AND SHOWN ON THIS SUBDIVISION PLAT OR, IF ANY OF SAID INSTALLMENTS ARE NOT PAID, THEN SUCH INSTALLMENTS HAVE BEEN DIVIDED IN ACCORDANCE WITH THE SUBDIVISION AND APPROVED BY THE COURT WHICH CONFIRMED THE SPECIAL ASSESSMENT AND THE PROPER COLLECTOR OF ANY SUCH SPECIAL ASSESSMENT AND THE PROPER COLLECTOR OF ANY SUCH SPECIAL ASSESSMENT HAS SO CERTIFIED SUCH DIVISION ON THE FACE OF THIS SUBDIVISION PLAT. STATE OF ILLINOIS COUNTY OF ) )SS ) OWNER ADDRESS I, , A NOTARY PUBLIC IN AND FOR SAID COUNTY IN THE STATE AFORESAID, DO HERBY CERTIFY THAT PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(S) WHOSE NAME(S) IS /ARE SUBSCRIBED TO THIS SUBDIVISION PLAT AS SUCH OWNER(S), APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE /SHE /THEY SIGNED THIS SUBDIVISION PLAT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL THIS ____ DAY OF , 20__. NOTARY PUBLIC (IF A CORPORATION OF OTHER ENTITY IS THE OWNER, THEN THE FOLLOWING ACKNOWLEDGEMT SHALL BE USED) OWNER'S CERTIFICATE - SCHOOL DISTRICT(S) STATE OF ILLINOIS ) -)SS COUNTY OF _________) THIS IS TO CERTIFY THAT THE UNDERSIGNED IS /ARE THE SOLE OWNER(S) OF RECORD OF THE FOLLOWING DESCRIBED LAND, AND HERE CERTIFIES THAT THE SUBJECT PROPERTY IS LOCATED WITH THE FOLLOWING SCHOOL DISTRICT(S): LEGAL DESCRIPTION: PARCEL 1 THE SOUTH Y OF THE EAST X OF THE WEST A OF THE WEST Y OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THE SOUTH Y2 OF THE EAST Ys OF THE WEST Y OF THE NORTHEAST A4 (EXCEPT THE EAST 30 FEET); ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST Y4 OF THE NORTHEAST Y4; THENCE WEST ALONG THE ALONG THE NORTH LINE OF SAID SOUTHWEST Y4 OF THE NORTHEAST Y4, 100 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST Y OF THE NORTHEAST Y, 70 FEET SOUTH OF THE POINT BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING; ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3 THE WEST Y OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH Y, AND EXCEPTING THAT PART OF THE NORTH Y THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST Y OF THE NORTHEAST Y OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH Y OF THE NORTHEAST Y4 OF SAID SECTION 35; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST Y WHICH IS '100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THEREFROM THE SOUTH Y2 OF THE EAST Ye OF THE WEST Y OF SAID NORTHEAST Y4 OF SECTION 35; AND ALSO EXCEPTING THEREFROM THE SOUTH Y OF THE EAST )% OF THE WEST A OF THE WEST Y OF SAID NORTHEAST Y4 OF SECTION 35; AND ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST 3i OF THE SOUTH Y OF THE WEST Y OF SAID NORTHEAST Y4 OF SAID NORTHEAST Y4 OF SECTION 35) IN COOK COUNTY, ILLINOIS. SURVEYOR'S CERTIFICATE STATE OF ILLINOIS )SS COUNTY OF OWNER THIS IS TO CERTIFY THAT I, , REGISTERED, ILLINOIS LAND SURVEYOR NO. , HAVE SURVEYED AND SUBDIVIDED THE FOLLOWING DESCRIBED PROPERTY: LEGAL DESCRIPTION: PARCEL 1 THE SOUTH Y OF THE EAST 3i OF THE WEST % OF THE WEST X OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THE SOUTH ) OF THE EAST ) OF THE WEST Y OF THE NORTHEAST Y4 (EXCEPT THE EAST 30 FEET); ALSO EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST Y4 OF THE NORTHEAST Y4; THENCE WEST ALONG THE ALONG THE NORTH LINE OF SAID SOUTHWEST Y4 OF THE NORTHEAST Y4, 100 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID SOUTHWEST Y OF THE NORTHEAST Y4, 70 FEET SOUTH OF THE POINT BEGINNING; THENCE NORTH 70 FEET TO THE POINT OF BEGINNING; ALL IN SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3 THE WEST Y OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NORTH Xi, AND EXCEPTING THAT PART OF THE NORTH X THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST Y OF THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE NORTH Y OF THE NORTHEAST Y4 OF SAID SECTION 35• THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 175 FEET, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID WEST Y WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THEREFROM THE SOUTH J OF THE EAST )6 OF THE WEST Y OF SAID NORTHEAST Y OF SECTION 35; AND ALSO EXCEPTING THEREFROM THE SOUTH Y OF THE EAST J5 OF THE WEST /g OF THE WEST Y2 OF SAID NORTHEAST Y4 OF SECTION 35; AND ALSO EXCEPTING THE NORTH 500 FEET OF THE EAST 500 FEET OF THE WEST Y4 OF THE SOUTH Y OF THE WEST Y OF SAID NORTHEAST Y4 OF SAID NORTHEAST Y4 OF SECTION 35) IN COOK COUNTY, ILLINOIS. AS SHOWN ON THIS SUBDIVISION PLAT, WHICH IS A CORRECT REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. I FURTHER CERTIFY THAT ALL REGULATIONS ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, A MUNICIPAL CORPORATION IN COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, RELATIVE TO PLATS AND SUBDIVISION HAVE BEEN COMPLIED WITH IN THE PREPARATION __OF THIS -PLAL I FURTHER CERTIFY THAT (A /NO) PART OF THE PROPERTY COVERED BY THIS PLAT OF SUBDIVISION IS LOCATED WITHIN A SPECIAL FOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THAT (A /NO) PART OF SAID PROPERTY BORDERS ON OR INCLUDES ANY PUBLIC WATERS IN WHICH THE STATE OF ILLINOIS HAS ANY PROPERTY RIGHTS OR PROPERTY INTERESTS. 1 FURTHER CERTIFY THAT THIS SUBDIVISION LIES WITHIN THE CORPORATE LIMITS OF SAID VILLAGE OF LEMONT OR WITHIN 1 -Y MILES OF THE CORPORATE LIMITS OF SAID VILLAGE, WHICH HAS ADOPTED A CITY PLAN AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE, AS NOW OR HEREAFTER AMENDED. GIVEN UNDER MY HAND AND SEAL AT , 20 __ ILLINOIS, THIS ___ DAY OF ILUNOIS PROFESSIONAL LAND SURVEYOR NO. 35 -2322 LICENSE RENEWAL / DATE OF EXPIRATION: 11 -30 -2005 PROFESSIONAL ' LAND SURVEYOR = NO. 35 -2322 = DOWNERS GROVE, = ILLINOIS - to kt•T? �'I , o , „,,,,,,, \ '',,n,0 Fun„``,,,, THE GLENS OF CONNEMARA 131ST STREET WEST OF BELL ROAD UNINCORPORATED COOK COUNTY, ILLINOIS FINAL PLAT OF SUBDIVISION DRAWN BY: RWS SCALE: N.T.S. aliasConsulting Civil Engineering Land Planning & Surveying 1050 West Route 126 Plainfield, Illinois 60544 voice 815- 254 -0505 fax 815 -436 -5158 C.M. Lavoie & Associates, Inc. JOB NUMBER: 03 -236 CHECKED BY: RWS DATE: 02 -12 -04 sMEET• 2 OF 2 DATE 04 -20 -04 2 05 -05 -04 3 09 -02 -04 4 04 -21 -05 5 08 -05 -05 DESCRIPTION PER ILLINOIS- AMERICAN PER CLIENT PER CLIENT PER CLIENT PER CLIENT 6 7 FOUND IRON PIPE 0.49' S, 0.34' W UNSUBDIVIDED OUTLOT FOX HILL DRIVE 4) O u) u) S00 °28'35 "W 258.53 OUTLOT A t` 4 ;\ ys r „,, 91 $"`� • ` !, 4 ),.ii,„,;„. `..F, 4, 2 r0.. ,, `�,#aryh t./ 92 GO s $7658 5.5'E / 149.45" 93 J. 58938'491 .._ 1 139.90' lb of - i I 94 Fl 1 S89 38'49 "E 140.10' - O 95 0 S8938'491 1 140.2 96 58938'49"E 140.49 0 0 97 58938'49'E 0 0 140.68 98 o; ( of 01 0 S8918'491 o 140.8 f - 99 I 0i S8938'491 I 1 1 141.' 1 100 141.28' TARA LANE 174.3 S8938'49 E HEREBY DEDICATED 141.42 1 / 33' 33' w •0 90 ieel . 43 0 ' N ` i „ 109 t 7 , 4 /(NON- RADIAL)' cv 1 589'3 '49 "E ! All THE GLENS OF CONNEMARA BEING A SUBDIVISION OF PART OF THE WEST OF THE NORTHEAST OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. UNSUBDIVIDED NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 35 -37 -11 N89 °38'49 "W 1325.22' FOUND coNa MONUMENT 127.73' 5.82' l 89 90.00' 88 N O O 84.46' ) 90.00' 87'F, O 90.00' 90.00' LLI • 86 0 O z 90.00' 90.00' UJ 90.00' ccl 83 90.00' • 90.00' 90.00' 81 100.00' 411.27' WATERFORD DRIVE S89'38'49'E HEREBY DEDICATED 90.00' w 11 fo IT; 129.85' i I 108 66.32' 90.00' 90.00' 0 90.00' 13113 F- 90.00' 95.00' 95.00' Oi r 90.45' I1 119.96' ; 90.45' M KINSALE COURT 271.27' S89'38'491 HEREBY DEDICATED 100.00' I I WI f8 101, 1 1 100.00' S8918 49 E Ilq 33' 33' 0 141.49' (0 ; 22.84' I z CV O O 80.84' 's �lo r m 40.43' 8851'58" E S 89'38'49' �3 * 1 ^ EXITING NI.. ROADWAY k 8- SURFACE - (� EAS 0332 o PER DOC 332829279 X18 L2.11' 40.65) v) N 89'38'25' W 11.1 8938'49- W �1.g I o1 'I$ I �IoS89 °50'21 "E 492.64' 127.03' I z 8D 84' X ' 443.12' r- 78.57' °o [53102 r S89'38'49 "E 191.36' rl„ - tl 7.85' /9.51' Ay- 106 `•., S8138'S2'E 103 N. 133.54'__ 105 104 J N85'401 5"E OUTLOT L7 E OUTLOT B 575.10' CENTERLINE OF EXISTING STORIJ SEVER SEWER EASEMENT PER DOC. /0332829281 N. 00"10.14- E., 175.00' 1 33' �O k9 115 140.00' 116 117 14116o. 1 -s 118 -01 a S89'38491 1 140.00' 119 t as 111 co 120 L. 0 O CI ▪ La Ci CD 0 346.00' 14100' 14100' 0 132 589'38'49 "E o i .-I 1 ! I. ! 133 S89'38'49"E o 0 36.60 N8841'541 L3 - 1 101 L4 43.49 S581735E d 140.00' 131 S89'38'49'E 1 1 . 140.00' 134 S8938'491 117 � N44'44'42'E L7 32.45 N8747'531 0 L 102.83 1 140.00' 135 i S8938'49 "E :gs j 140.00' 130 1 S8938'491 1 L10 54.70 31 �I - 21.11 S8938'491 - I 140.00' 129 I�� S89•38'491 d (- 140.00'- 1 3 136 S8938'491 1 of �I - -0 10 140.00 128 , S8938'491 (I 140.00' - 137 1 S89 38'49"E j o 1 0 a) - fig' O) 140.00' 1 127 i -1: :: C37' ! 38'49'w I I 140.00 ___ 138 N8938'49'W N ic° f ■s 1 140.00' r` _ CD, 126! ^ l ,a )`f /ce - 1. i..„. 3 _ 3 ,r...__ 140.00' j^ ! 1 3 9 Ng 9s1?,w }5�:32'; j __ - �m 1 ° I I Q4 -_4 140 414 ) • 5.39' \ 15' UTILITY EASEMENT 10 FT. UTILITY/DRAINAGE EASEMENT 175 FT. WIDE COMMONWEALTH EDISON RIGHT OF WAY EXCEPTION 144.56' 230.88' UNSUBDIVIDED • r 00 NOO°28'35"E L - 141.87' 30 S89'58'07'W r 142.01 S8958'07'W 142.26' 1$, 32 O i0 S89'58'07 "W 1 20,1- o1j0 ° l d 1 20'L 20'r 142.45' 33 S89'58'07'W 142.65' 8 1-81 0: 34 0i 20'L j S89'58'0YW 1 20' r 8 142.84' 35 S89'58'07'W 00 d 0) 1 20'r 8 20' 143.03' 36 143.25' 1h 0 S89'58 OTW I5'r._ ._ 143.39 37 S8958'07'W 33' I 139.00' 33' 33' 29 N89'58'071 I I 139.00' - 0 28 N89'58'071 0 139.00' 1 °1 27 , N89'58'071 I- 1 26 N8958107'E 00 d i I 0 I° 139.00r 25 N8958'OIE of 0 01 0 CA f39.00' N8958'0TE 15'- 81 15' 143.61' 38 S89'58'07 "W 5'= 143.81' j 1 of C7)) 39 S89'58'07'W 15' - 144.00' gl 15'^ S on 151 - rr d 40 S8958'07'W 144.20 41 S8958'07'W a 144.39' 42 144.63' 33, WATERFORD DRIVE 33' W rr S 0 0 1.31.00' 23 117.23' n 150.45 N8958 07"E �1 =2-1:78' --L =22.44 117.67 57 140.00' NI N89'58'07'E 56 N8958.0 E 140_ 0 OUTLOT C 71 '5 T FOUND IRON PIPE FOUND IRON PIPE 500.01' EXCEPTION S89°50'21"E 500.01' FOUND IRON PIPE FOUND IRON PIPE N00 °31'53 "E I 93 fil .11 lo te3S, 33' EASVENT 33' 3S re LT, c. 0 ft z E5 CD IN 1N" 0126 al 80 142.65 20 79 cs 78 cn 2 20' 141:03' 120' 77 1402' 2 141.41' co 141.10 74 1D 15 cn 1g 72 71 113 (NON-RADIAL) mi 15 s 141.44' 70 PER DOC. 332829280 0 0 O.d ' 22 ;4 °)'i ,lfo vvi LI-1?-12;-95./ R= 413,00 h S7938%.E 74.98' L =137 R =380.00 N $L= 12.06' -q58 1 100.00' 0 I 1 0 :01 55 O z 91.07' 54 7 f, 3.36' w O▪ f 1) 90.00' 90.00' 90.00' 18 sae 17 147:20. 7 1 45 15 L=1 63.00' 7.1 _ - - - -- 238.15- - N8958'07'E R_ 483.00' HEREBY DEDICATED 59 VIr 116.84' !r ti /IN 60 0 0 z 1 108.55' 90.00' - Fc I 100.00 48.19 1 I R =5 00.00 rrl r. 14 11 4- s �� ? L =110.47' SAL ?f TLE COURT R 181.4 =46.7: 0' HERB DEDAED 8 z 33' 33' i LOT 41 LOT 42 43 I �I I 104.00' 44.6. is-- - - -- .2 . 90.00' z m N8958437'€-� 52:' NI 0 I 145,4 9" __. Cs'4$� • 61 z 92.00' 62 It R=200.00'449' R=200,0c 1005 27* 1 410 16 33. 1 1 1 WI so a xi 11 11 GZ CA ct Of I L=2.52' M 50 fi .00 .70' s71.27231- R:36060.2080' N89'58'071 90.00' 90.00' O 0 r-- N 97.81' 0 1 131ST STREET HEREBY DEDICATED N8958'07'E • 33' 73 rf- VE/ LA do Lan' rg NI I o 33' 33' RI 0 go 0 69 107.61' 15' UTIUTY EASEMENT 1=1.33' 264.72' 14 0 N00 °32'59 "E UNSUBDIVIDED GRAPHIC SCALE s so 100 200 400 EXCEPTION 155.01' 13 155.01' 20 20 11 20 J 20 18 io GO 9 8 00 In co 49 8 67 Ins 48 at 8 • 132.41' S89 °58'07 "W 36X 30' cNI dd 4r&4 ire 70' 04 CD R=67.00' 42.22' 1166'16 CO rt If 0, 167.03 or i 156.49 bi 197.99' 301 30' OUTLOT G cDI UNIT ONE OF JEANETTE'S FOX HILLS DOCUMENT 89225855 LOT 43 © Copyright, 2005 C. M. Lavoie & Associates, Inc. These plans are protected under the copyright laws of the United States and foreign countries, and are to be used only for the construction and /or repair of the Site Improvements as defined in the contract between the Engineer and the Owner. Any use of these plans, including details and specifications, to construct and /or repair additional items not described in these plans, constitutes a violation of the Engineer's copyright of these plans and is prohibited. LO \ NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 35-37-11 r 44 LOT 45 LOT 46 LOT 47 L1 UNIT TWO OF JEANETTE'S FOX HILLS DOCUMENT 92596852 SINGLE FAMILY LOT SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AREA SG-FT 21,001 13,749 13,569 16,610 15,784 15,030 16,234 17,270 16,460 14,671 13,958 13,951 13,951 13,665 13,539 16,316 12,542 12,511 12,511 13,155 12,579 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AREA SO-FT 13,936 13,904 12,510 12,510 12,510 12,510 12,510 12,659 13,030 12, 794 12,812 12, 829 12,847 12, 864 14,314 14, 783 12, 934 12,951 12,968 12,986 15,895 # 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 AREA SQ -FT 18,722 16,169 15,355 13,734 13,767 21,699 15,294 19,032 13,684 14,665 13,043 12,501 13, 700 12,600 13,995 15,551 15,550 13,424 12,512 13,688 15,876 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 AREA 16,202 12,503 15,131 12,672 15,065 20,922 12,621 12,630 12,657 12,796 12,824 13,900 12,510 12,510 12,510 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 AREA SQ-FT 12,510 12,510 12,510 12,510 15,566 15,078 14,496 12,600 12,618 12,570 12,587 13,000 13,437 20,149 LOT 48 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 126 AREA 12,628 12,532 12,510 12,510 13,205 12,600 12,600 12,600 13,896 16,090 16,468 127 128 129 130 131 132 133 134 135 136 137 138 139 140 FOX TAIL LANE AREA SQ-FT 12,600 12,600 12,600 12,600 14,000 12,600 12,600 12,600 12,600 14,288 13,839 el r. SOO°32'59"W LOT 112 EXCEPTION cp Cn 0 IA- Li `IC 1 inch = 100 ft. RECORD INFORWTION 0.00' MEASURED INFORMATION EXISTING BOUNDARY LINE PROPOSED BOUNDARY LINE NOTES: SETBACK LINE EASEMENT LINE CENTERLINE RIGHT OF WAY LINE QUARTER SECTION LINE SECTION LINE OUTLOT 8 1 OUTLOT E LINE LENGTH BEARING L1 65.51 N1030'05E L2 36.60 N8841'541 L3 76.56 S3019'531 L4 43.49 S581735E L5 44.39 N6800'20 "E L6 63.79 N44'44'42'E L7 32.45 N8747'531 L8 102.83 S6155'26'E L9 39.34 N64102'541 L10 54.70 N41'53'53'E 111 21.11 S8938'491 1. NO DIRECT ACCESS TO 131ST STREET SHALL BE GRANTED TO LOTS 1, 42, 43, 44, 45, 46, 47, 48 AND 68. UNSUBDIVIDED DEVELOPMENT SUMMARY MINIMUM LOT SIZE = 12,501 SF (0.287 AC) MAXIMUM LOT SIZE = 21,699 SF (0.498 AC) AVERAGE LOT SIZE = 13,941 SF (0.320 AC) OUTLET A OUTLOT B OUTLOT C OUTLOT E OUTLOT F OUTLOT G OUTLOT H (DETENTION) (DETENTION) (DETENTION) (PARK) (ENTRANCE SIGN) (ENTRANCE SIGN) (LIFT STATION) R.O.W. DEDICATION • 31,423 SF 111,125 SF 94,112 SF • 37,545 SF • 99,777 SF 450 SF 450 SF • 4,210 SF 657,842 SF (0.721 AC) (2.551 AC) (2.161 AC) (0.862 AC) (2.291 AC) (0.010 AC) (0.010 AC) (0.097 AC) (15.102 AC) TOTAL TOTAL NUMBER OF DWELLING UNITS=140 DWELLING UNITS PER ACRE =2.62 (NET) (68.625 AC) EACH BUILDING SHALL BE CONSTRUCTED ON AN INDIVIDUAL LOT OF RECORD AS SHOWN ON THE FINAL PLAT. 10' UTILI TY/DRAINAGE EASEMENT 10' 30' REAR YARD SETBACK - SET IRON PIPE (TYP) TYPICAL LOT SETBACK/EASEMENT DIMENSIONS (UNLESS ONERVASE INDICATED ON THE HEREON DRAWN PLAT), ALL EASDAENTS ARE INDICATED. (IRON PIPE DILL BE SET AT ALL LOT CORNERS UPON COMPLEDON OF FINAL GRADING) THE GLENS OF CONNEMARA 131ST STREET WEST OF BELL ROAD UNINCORPORATED COOK COUNTY, ILLINOIS FINAL PLAT OF SUBDIVISION DRAWN BY: RWS CHECKED BY: RWS DATE: 02-12-04 C•VI, Lavoie dr Associates, Inc. Consulting Civil Engineering Land Planning & Surveying 1050 West Route 126 Plainfield, Illinois 60544 voice 815-254-0505 fax 815-436-5158 Lioa NUMBER: 03-236 SHEET: 1 OF 2 DATE DESCRIPTION 04-20-04 PER ILLINOIS-AMERICAN 2 05-05-04 PER CLIENT 3 09-02-04 PER CLIENT 4 04-21-05 PER CLIENT 5 08-05-05 PER CLIENT 6 7