R-236-92 Resolution Approving a Final Plat of Subdivision for 17 Acres Located on Route 171, North of 127th St. in Lemont, IL known as Castlewood Estates93055751
93 55751 .
ITEM VI.C. 2
VILLAGE OF LEMONT
418 Main Street
Lemont, I1 60439
708- 257 -1595
VILLAGE OF LEMQNT
RESOLUTION NO.
DATE OF APPROVAL / ' 9--
RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION
FOR 17 ACRES LOCATED ON ROUTE 171, NORTH OF 127TH STREET
IN LEMONT, ILLINOIS AND KNOWN AS CASTLEWOOD ESTATES
WHEREAS, the petitioner is the owner of certain property
consisting of approximately 17 acres generally located on Route
171, north of 127th Street in Lemont, Illinois and legally
described in Exhibit "A ", which is hereto attached; and
WHEREAS, the petitioner has prepared a Preliminary Plat of
Subdivision for the subject property, which is known as Castlewood
Estates; and
WHEREAS, the Lemont Plan Commission has reviewed and
recommended approval of the Preliminary Plat of Subdivision on
August 1, 1990; and
WHEREAS, the President and Board of Trustees of the Village of
Lemont approved the Preliminary Plat of Subdivision on August 13,
1990; and
WHEREAS, the developer has submitted the Final Plat of
Subdivision for Castlewood Estates, attached hereto as Exhibit "B ";
and;
WHEREAS, the Final Plat of Subdivision is in conformance with
the Preliminary Plat as well as the physical development policies
and standards of the Village of Lemont.
NOW, THEREFORE BE IT RESOLVED by the President and Board of
Trustees of the Village of Lemont that the Final Plat for
Castlewood Estates, which is attached hereto and made part hereof,
is hereby approved.
CO
NI
ZIT
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this ?(o day of , 1992.
Richard A. Kwasneski
Kenneth S. Bromberek
Barbara Buschman
William Margalus
Ralph Schobert
Bert Ercoli
AYES NAYS PASSED ABSENT
i.s
CHARLENE SMOLLEN, Vi age Clerk
, 1992.
Approved by me this `1- day of1%e2-.
Attest:
HARLENE SMOLLEN, Village Clerk
RESOLUTION \CASTLEWOOD
President
CJD
C1T
cI1
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 28, AND OF THAT PART OF THE WEST 409.21 FEET OF LOT 22 IN
COUNTY CLERK'S DIVISION IN SECTION 27, ALL IN TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY
COMMENCING AT A POINT AT THE SOUTHWEST CORNER OF SAID EAST 1/2 OF
THE EAST 1/2 OF THE SOUTHEAST 1/4 AND RUNNING THENCE NORTH 0° 02'
04" WEST ALONG THE WEST LINE OF SAID EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHEAST 1/4 OF SAID SECTION 28, 1011.10 FEET TO THE POINT OF
BEGINNING, THENCE NORTH 89° 50' EAST, 212.35 FEET; THENCE NORTH 44°
50' EAST, 148.49 FEET; THENCE NORTH 89° 50' EAST, 334.04 FEET;
THENCE SOUTH 9° 17' 49" EAST, 21.61 FEET; THENCE SOUTHERLY ALONG A
CURVE CONVEX EAST AND HAVING A RADIUS OF 617.17 FEET, 99.79 FEET TO
A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 28; THENCE
SOUTH 0° 02' EAST ALONG THE EAST LINE, 566.36 FEET TO THE
NORTHWESTERLY RIGHT -OF -WAY LINE OF ARCHER AVENUE, BEING 33 FEET
NORTHWEST OF THE CENTERLINE OF SAID ROAD; THENCE NORTH 52° 33' 10"
EAST ALONG SAID RIGHT -OF -WAY, 83.09 FEET; THENCE NORTH 0° 02' WEST,
420.71 FEET; THENCE NORTH 89° 58' EAST 343.21 FEET TO THE EAST LINE
OF THE WEST 409.21 FEET (MEASURED PERPENDICULAR TO THE WEST LINE OF
SAID LOT 22 IN COUNTY CLERK'S DIVISION, THENCE NORTH 0° 02' WEST
ALONG SAID EAST LINE, 880.79 FEET TO A POINT ON A LINE WHICH
INTERSECTS THE WEST LINE OF LOT 22, 997.50 FEET SOUTH OF THE
NORTHWEST CORNER AND INTERSECTS THE EAST LINE OF LOT 22, 917.00
FEET SOUTH OF THE NORTHEAST CORNER THENCE SOUTH 73° 19' 13" WEST,
427.14 FEET TO THE WEST LINE OF LOT 22 AT A POINT 997.50 FEET SOUTH
OF THE NORTHWEST CORNER; THENCE SOUTH 0° 02' WEST, 16.91 FEET TO
THE NORTHEAST CORNER OF THE SOUTH 25 ACRES OF THE EAST 1/2 OF THE
EAST 1/2 OF SAID SOUTHEAST 1/4 OF SECTION 28, THENCE SOUTH 89° 50'
WEST ALONG THE NORTH LINE OF SAID 25 ACRES, 662.70 FEET; TO THE
WEST LINE OF SAID EAST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4;
THENCE SOUTH 0° 02' 04" EAST, 630.65 FEET TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY ILLINOIS AND CONTAINING 17.02 ACRE,
MORE OR LESS.
9C 5 T1
11L1 J.IHIHX3
51216.01 00112
. 21011010111 71.200.032”.0137 01 0.1
2:1132:703330%•10•3 23.1.31104 10 0011123 NI
1011.1036331110320.33. CMS.
NI 00116 1.112.3. 001. I
.......71,3 a.R30
Jaw 0.200:13%
...0011 3303 >o~ ; " „`
:'; �t « .
...m. o :.1.5 a.
, ..a ..... m, x0716.. 4..00
214°,22.4100.1..
f1
711 •a
'°.e,m3 � .° °.ro. a °71,..0. w °.2314 ao71,1n1°� �
••121�.1111e0 32130
•x03 2714 •11.1.1.x3
JO 120 21021111 .1.100 .02
34001 40 300112 1111 4o 20.51.03 s:ia� iO4V,ao 0.02v°ae'
03.3021 300110 a.
JO w 21x.1 9101 Mt axa
11x, 3111 x( 01, 03 e110s 371Lw30
X30,1. i3.0 03.00 20001171 • s.aa.,l.1' •1 •af{, ' 'c r'., 40 A. y72 rrx1 210x3 111 •22a02 ia1 02.0
.12110.0 40 U. 11201.2 301.1
•02302 23201,27 22.2 61021 2.023.
• 3111. 11x° .0 '.4+..111. 01
3.11 ONV NO.. MO. 61112.324 322 JJ 13210.1 .11.na `4.1�s ■
123222.7 v nexn 33.031 22 • 1311. ° 220
12 10 1502
f.30
202. 0013631.
1 3000 0 1
xt
.1210„t 4a
•
.2003 40371310. 2131.4 11141.0 oh
111220.3 22.01 2.1.221 022.14 1.3. 122.200 .2302310
1323221 221 10 002112301 23113 01.5. 011011 • 03.301 SON
•xydrica .02 NI 0521 "1 s 40 y31
0 3413.03 30 10 a.`
o 15Misss 7f1210.10 41L
3211JO 123.2 ax 3
'13 • ..t x
.L
513221131111 0/13 0.0100 12322.02 221 20 111/105 .32 GS,. '22 3.01 JO
3.1 1532 4 1a�
0.[•102 ss .1 W0003100423.1 [ 30 •21123. 2323. JO
1.202 3323111 11231 11•022 .1232 .20 .0 2.02 332.1 • 1331 60
JO 3.10.23 321 JO .3/0113102 11. CC WW1 1214-20.20. 11112.3... 321 01 110 0.5130
.00 .611 NON. iU• J3 3 . _ e •2121.15.3
i.� 0 15 0012 061.5
ao15 f o0 5x30 a,
ACu
221 JO 120 .10 •042100 LC 0222.1 NI 110 30.1.1.0
5.30.2 al.03 NI 22 030 10 /232 6 1104 1
101/ JO 020 •02 11011.135 5 0002 . 30.2 43x1 04x1 22141213° 4037111 •ou w 1atn04 43002030
Jo alr.
•41,"3x0 •21102022 1.d. 101.10 13121° 240 1 40 20=61..,.°2 ..xt_.
NOISIAICIEMS S31V1S3 QOOME 11SVO
7/J ,9 G� o, LET frd, ();
. 9305 5750 ��''"'„�' ' 9/ / 1 "` sT
� �--w^ww &7fOAi% �L (p9'3
Declarations of Covenants and'iCestrictions for 7°8 ' 7-/6 9J
Castlewood Estates, Residential Unit
This Declaration (The Declaration of Covenants) is made and
entered into this 30th day of November ,1992, by First
National Bank off Joliet as Trustee under Trust Agreement dated
12/18/90 , and known as Trust No. 3890 ( the "Trust "), and
not individually (the "Trustee ") and ( "The Developer ").
Recitals
93 55'756
A. The trustee is the legal title holder of certain real estate
located in the County of Cook, State of Illinois and described as
Castlewood Estates, Residential Unit, Lot #s 1 thru 32, being a subdi-
vision of parts of Sections 27 and 28, Township 37 North, Range 11,
east of the Third Principal Meridian, in Cook County, Illinois.
tO
B. The subdivision is comprised of 32 lots (Residential Unit,
Castlewood Estates), (called singly a "Lot" or collectively "Lots "):
and
C. The developer has contracted to sell certain of the Lots to
custom builders and the remainder to individuals. The custom builders B
and such individuals have agreed to improve the Lots in accordance
with Declaration of Covenants: and
D. The Developer has determined that it is essential for the
proper development of the Subdivision that each of the Lots therein be
subject to the covenants and restrictions hereinafter set forth.
JAN z 2 1993
Agreements
- -, ,.,.. i Of. t..1.44,414
Now, therefore, the Trustee, as legal title holder of the Real
Estate, and Developer, for the purposes premises above set for the
which by this reference are made a part hereof, and other good:;nd
valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, hereby declare that the Subdivision and each and
every Lot is and shall be held, transferred, sold, conveyed and occu-
pied subject to the covenants and restrictions hereinafter set forth
each of which is for the benefit of said Lots and each owner thereof,
and shall be covenants that run with the land until the Expiration
Date (as hereafter defined) and shall be binding upon all parties now
or hereafter having any right, title or interest in the Subdivision,
in any party thereof, or in any Lot therein, and upon those claiming
under them, subject to the limitations or exceptions as are herein
expressed
"DEE'T -09 t41SC. $181.00
343333 Hi,' 72> 3 q 122 �[
YL...�a�.J .'.'.li i'1 is...71 ..511 T.� 11:32:00
113514 *-93-055750
COOis. COUNTY RECORDER
• Article 1
General Purposes
The Subdivision is subject to the covenants hereby declared, to
ensure the proper use and appropriate development and improvement of
the Lots therein and every part thereof:
(i) to protect each owner of a Lot against improper use of sur-
rounding Lots as may depreciate the value of such owner's Lot and
improvements thereon:
(ii) to ensure that any structure of other improvements erected
on a Lot will be built with high quality materials:
(iii) to ensure that the Lots are developed in a homogeneous
manner:
(iv) to secure and maintain identical setbacks of setbacks of
structures on the Lots from streets and side yards and rear yards, and
to maintain adequate free space between structures on each Lot; and
(v) in general to provide for the highest type and quality of
improvements on each Lot, all of the foregoing having as their object tj
the establishment and preservation of the attributes of a distinguish-
ing residential community.
CA
Article 2 117.11
General Restrictions
1. Land Use and Building Type
(a) Each Lot shall be improved with only one detached single -
family dwelling (a "Dwelling ") and private Garage appertaining there-
to. No use shall be made of a Lot except such as is incidental to the
occupation thereof for residence purposes by a single family.
(b) Each Dwelling shall be designed by, and all building plans
rendered in connection with the improvement of a Lot shall be the
product of, an architect duly licensed by the State of Illinois.
(c) Each dwelling shall have an attached Garage which will house
a minimum of 2 standard size automobiles (the "Garage "). The Garage
shall be used only by the owners or occupants of the dwelling, or
their guests, and shall not be used for rental purposes. No Garage
shall have more than 4 exterior car entrance doors. No carport shall
be constructed on a Lot. Sideload entry is preferable wherever possi-
ble.
(d) All buildings, including Garages erected on Lots, shall be
constructed of new materials. The first story exterior shall be brick
or stone materials. Some cedar on first floor may be added if specifi-
cally approved by the Architectural Review Committee. The second story
exterior shall be of brick or stone or stucco or cedar wood materials.
No aluminum or vinyl .siding is permitted on Dwellings; except for
soffit 'and facia. All roofs must be of cedar shake or slate or tile or
textured 340 lb. asphalt shingle material.
(e) The grading upon any Lots shall be according to the approved
grading plan as submitted by the Lot owner to the Developer prior to
starting construction. The grading plan must show the sitting of the
Dwelling unit and elevation of the top of the foundation, the Garage
and the driveway. The Developer must be notified 48 hours prior to
excavation of any type on any Lots.
(f) There shall be no detached garages, sheds or other detached
structures.
(g) Mail box posts shall consist of 4" X 4" cedar post with
approved mailbox.
(h) No outdoor television or radio antenna, satellite dish or
other apparatus used to receive or transmit communication signals
shall be constructed on a Lot.
(i) No trees, shrubbery and other vegetation shall be planted at
or within Fifteen (15) feet from the corner of an intersection of
streets in the Subdivision so as to obstruct the field of vision of
oncoming or crossing vehicular traffic.
(j) No above ground swimming pools are allowed. All underground BCD
pools must be approved by the Architectural Review Committee as here- Cy,
unto established.
CR
tin
2. Sidewalk
The owner or builder on any parcel shall also install the re-
quired public side -walk in accordance with the specifications of The
Village of Lemont, Cook County, Illinois, in effect at that time.
Side -walk must be installed prior to occupancy of Dwelling. It is
understood that after the purchase of each Lot from the Developer, the
individual Lot owner must complete the installation of the sidewalk no
later than two years after date of purchase, or by such date as shall
be extended by the Developer. The installation will be required re-
gardless of whether the lot remains vacant. The Developer at any time
may install a sidewalk on any lot and bill said cost to Lot owner.
3. Dwelling Quality and Floor sizes
Each Dwelling and Garage constructed on a Lot shall be of a
quality of design, workmanship and materials as determined by the
Architectural Review Committee, and shall comply with all applicable
building codes, zoning ordinances and other governmental restrictions
and requirements. The living space area, exclusive of the attached
Garage, open terraces, basement and breezeways, shall be at least
2,200 square feet in size for one story Dwelling including three step
ranches and at least 2,700 square feet in size for a two story or
split level Dwelling. All building plans shall be subject to the
approval of the Architectural Review Committee.
4. Dwelling Location
The location setback and concrete foundation elevation of each
3
'Dwelling must be approved by. the Architectural Review Committee prior
to construction. Generally all residences are to be constructed in ac-
cordance with the applicable building codes of the Village of Lemont.
One exception is the sideline setback requirements. To better facili-
tate side load garages, Castlewood Estates has obtained a variance
from the standard fifteen (15) Ft. sideline requirements, therefore
the location of each structure, including driveways shall be subject
to Architectural Review Committee approval. A thirty (30) ft. separa-
tion must be maintained from any existing home.
5. Driveways
Each access driveway to and from a Lot shall consist of a proper-
ly compacted granular subbase with concrete, asphalt, or paving brick
surface only.
6. Prohibited Uses
(a) No commercial enterprise or trade and no noxious or offensive
activity shall be carried on upon any site nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the
neighborhood.
(b) No commercial vehicle except conventional passenger vehicles
shall be parked outside of a Garage on any Lot in this Subdivision
except when used for delivery or service to a residence in the Subdi-
vision. No airplanes, recreational vehicles, boats commercial vehicle,
trailer of any type, or snowmobile shall be stored in the open on any
property, either temporarily or permanently, anywhere on any Lot.
(c) No Lot shall be used or maintained for a dumping ground for
rubbish, including grass clippings. Trash, garbage or other wastes
shall not be kept except in sanitary containers. All such containers
used for disposal and storage of such materials shall be kept in a
clean and sanitary condition at all times. Burning of garbage or any
other material is strictly prohibited.
(d) No signage of any kind is permitted; except for property
legitimately offered for sale by the present owner. Size of signage is
restricted by the Village of Lemont.
(e) At no time shall farm animals be kept or housed on any of the
afore described Lots. This does not prevent the keeping or housing of
domestic birds, dogs, cats, fish or other domestic pets, as long as
they do not create a nuisance to other lot owners.
(f) Vacant Lots must be maintained by owner. No storage is al-
lowed and grass, shrubbery, and weeds must be cut. If Lot owner does
not maintain Lot Developer will clean Lot and bill Lot owner for cost
incurred for cleaning (minimum charge $300.00)
7. Architectural Controls
(a) No Dwelling, Garage, Building, fences, wall or other struc-
ture or landscaping shall be commenced, erected, or maintained, nor
shall any addition to or alteration on a Lot be made to an existing
Dwelling, Garage, building, fence, wall or other structure on a lot
except interior alterations, until the construction plans and specifi-
cations, showing the nature, grade design, kind, shape, height, mate-
cations, showing the, nature, a grade design, kind, shape, height, mate-
rials, -vegetation, color scheme, location on the Lot and approximate
cost of landscape plan are submitted to and approved in writing by the
Architectural Review Committee, as defined in paragraph (c) hereafter.
Split rail fences are the only type of fence that can be used. Any
type of chain link fence is specifically prohibited. All dog runs
must be adjacent to dwelling and must not be placed so that it would
be offensive to adjoining Lots. Any fence or dog run requires approv-
al of Architectural Review Committee.
(b) It is understood and agreed that the purpose of the Architec-
tural Review Committee is to secure an attractive harmonious residen-
tial development having continuing appeal. The overall theme of the
construction designs shall be of classic European styling. Architec-
tural design will be considered in relation to this principle. In
order to achieve the purpose of a proper architectural mix of compati-
ble housing styles, it is policy that no two (2) structures of similar
construction style and color be within eye -view of one another not
closer than 400 feet as measured from either direction of the street
immediately in front of first structure built. Should structures of
similar construction styles be built closer than aforesaid, it shall
be policy to recommend distinctly different brick color and /or eleva-
tion changes to assure significant visual distinction in design and
identity.
(c) The Architectural Review Committee shall oversee all altera-
tions, additions and improvements thereon and shall consist of:
(I) the Developer, who shall be entitled to one (1) vote:
(II) an Architect licensed by the State of Illinois who shall be
designated by the Developer and who shall have one (1) vote:
(III) a lot owner designated by the Developer and who shall have
one (1) vote.
After the date on which the last of the initial sale of all the
Lots is closed, the Architectural Review Committee shall be comprised
as agreed by the Lot owners.
(d) All architectural plans for residence construction shall
require an application fee set by the Architectural Review Committee
in an amount not to exceed ($250.00) Two Hundred Fifty Dollars.
(e) In the event the Architectural Review Committee fails to
approve or disapprove said plans and specifications within 30 days
after said plans and specifications have been submitted, then said
written approval will not be required and these covenants shall be
deemed to have been fully complied with.
8. Construction and Completion Thereof
(a) Any construction undertaken on any Lot shall be continued
with diligence towards the completion thereof and be completed within
one (1) year from commencement of construction, except that such
period may be extended for a reasonable time by reason of an act of
God, labor dispute or other matter beyond the reasonable control of
the responsible custom builder or other individual. Construction
shall be deemed completed when an occupancy permit has been issued.
con
i
(b) Landscaping ,of the Lot must be completed prior to the issu-
ance of the occupancy permit.
(c) During construction the owner of Lot shall cause to have
builder maintain a dumpster of sufficient size to provide for building
material wastes and shall provide for neat and clean maintenance of
the site, lot and street.
(d) After completion of the foundation and prior to other con-
struction the owner shall cause a gravel driveway to be installed from
the curb to garage for purpose of construction vehicle traffic and
shall further cause the repair to be made to any damage to the curb
caused during construction.
(e) All sidewalks, walkways and driveways must be completed prior
to the issuance of the occupancy permit.
(f) To insure compliance with the building plans approved by the
Architectural Review Committee and with these covenants and restric-
tions, the Lot owner shall deposit with the Architectural Review
Committee the sum of $1000.00 to be held by said committees in a non -
interest bearing escrow account. Upon completion of construction and
full compliance with the Architectural Review Committee approved plan,
and full compliance with covenants and restrictions, the $1000.00
deposit shall be refunded to the Lot owner.
(g) In the event of non - compliance and upon Notice to the Lot
owner, the Architectural Review Committee shall have the right to use
said deposited funds to achieve compliance with the approved plans and
these conditions and requirements.
9. Off Site and Temporary Structures
No existing structures shall be moved onto any lot in the subdi-
vision from any off -site location. Temporary structures of any kind
are not allowed at any time.
10. Maintenance of Lots and Side Strips
Each owner of a Lot shall maintain the parkways located between
his lot lines and the edges of street pavements on which said lot
abuts or is adjacent to. The owner of a vacant Lot shall keep that
Lot free of weeds, debris and stored items.
11. Notices
Any notice or other communication which any party hereto shall be
required or desire to give hereunder shall be in writing and mailed by
United States registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
TO DEVELOPER; Prime Land Development Corp.
14325 S. Bell Rd.
Lockport, IL 60441
.TO TRUSTEE;
First National Bank of Joliet
Trust #3890
78 N. Chicago Street
Joliet, IL 60431
TO ARCHITECTURAL REVIEW COMMITTEE;
Arch. Review Committee
In care of - Prime Land Dev. Corp.
14325 S. Bell Rd.
Lockport, IL 60441
13. Rights Reserved to Developer
Developer, or its successors or assigns, reserves the right to
which each purchaser of a Lot hereby agrees to take subject to, to
maintain at such location or locations within the Subdivision as
determined by Developer at its sole discretion, models, sales offices
and sales personnel for the purpose of soliciting and making sales of
Lots and /or improvements within the same shall not be prohibited or
abated hereunder as a nuisance or other wise.
14. Modifications
By recorded supplemental declaration, Developer may at any time
prior to sale of last Lot contained of Subdivision modify any provi-
sion of this Declaration of Covenants for the purpose of clarification
or otherwise, provided no such modification shall materially change
the substantive provisions of this Declaration of Covenants or materi-
ally alter the rights of any owner of a Lot established hereby. Each
owner of a Lot and any mortgagee thereof shall be deemed to have
appointed the Developer its or their attorney -in -fact to execute and
record each of said supplemental declarations as if said owner of a
Lot or mortgagee thereof had itself or themselves executed and record-
ed the same.
15. Invalidation
Invalidation of any of the provisions of this Declaration by
judgment or court order in one way shall affect any of the other
provisions hereof, which shall remain in force and effort.
16. Default Provision
(a) Each owner of a Lot, which for the purpose of this Declara-
tion of Covenants is defined as any party having right, title or
interest in or to a Lot ( "owner of a Lot ") or occupant thereof is
bound by and shall comply with the terms of this Declaration of Cove-
nants or any amendment hereto. A failure by an owner of a Lot or
occupant thereof to comply with this Declaration or Covenants or any
amendment hereto shall constitute a default ( "Default "). If a Default
occurs, the Developer, or its successors or assigns, shall have the
right to recover damages at law, to procure injunctive relief, or to
avail itself of any of other rights or remedies permitted at law or in
equity from and against either the owner of a Lot or occupant thereof,
or both. In any proceeding commenced by the Developer, its successors
or assigns, based upon or arising out of an alleged Default, if the
Developer or its successors or assigns prevails, it shall be entitled
to recover all expenses of the proceeding, including reasonable attor-
neys' fees and expenses.
0S4S OJC
(b) In the event of a Default by an owner of a Lot other than
the Developer, the Developer shall neither be liable nor responsible
to any owner of a Lot for the enforcement of the covenants and re-
strictions contained in this declaration of Covenants. Each owner of
a Lot acknowledges that Developer's exercise or failure to exercise
any right or power of review and approval hereunder, including these
decisions made pursuant to Paragraph 7 of this agreement, or for the
Developer's enforcement or nonenforceable of any provision of this
Declaration of Covenants.
(c) Each owner of a Lot shall have the right to enforce all
covenants, conditions, restrictions and reservations created here
under against any other owner of a Lot or occupant thereof, but not
against Developer, and to exercise against any other owner of a Lot or
occupants hereof, but not against Developer, all rights and powers
created by this Declaration of Covenants, except those granted specif-
ically to Developer.
17. Rule Against Perpetuities
If any of the covenants, conditions, restrictions, privileges, or
rights created by this Declaration of Covenants would otherwise be
lawful or void for violation of (a) the rule against perpetuities or
some analogous statutory provisions, (b) the rule restricting re-
straint on alienation, or (c) any other statutory or common law rules
imposing time limits, then such provision shall continue only until
twenty -one years after the death of the last of the now living lawful
descendants of George Bush, President of the United States.
18. Duration tab
The covenants, conditions and restrictions set forth herein shall
remain in full force and effect for a period of twenty (20) years from co.
the date hereof (the "expiration Date ") and shall continue in full
force and effect from year to year thereafter unless the owners, !'
including Developer, of seventy -five percent (75 %) of the Lots
covenant in writing to the termination and revocation of this Declara-
tion of Covenants. In the event said notice is issued, this Declara-
tion of Covenants shall terminate and be null and void upon the date
set forth in said notice (the "Expiration Date ").
19. Trustee's Exculpation
This Declaration of Covenants is executed by
First National Bank of Joliet , as Trustee aforesaid, in the
exercise of power and authority conferred upon and vested in it as
such Trustee (and said Trustee hereby warrants that it possesses full
power and authority to execute this instrument). It is expressly
understood and agreed by every person, firm, or corporation hereafter
claiming any interest under this Declaration of Covenants that said
Trustee as aforesaid, and not personally, has joined in the execution
of this Declaration of Covenants for the sole purpose of subjecting
the title holding interest and trust estate under said Trust
# 3990 to the terms of this Declaration of Covenants; that any
and all obligation, duties, covenants and agreements of every nature
herein set forth by said Trustee personally, and aforesaid, to be kept
or performed, are intended to be kept, performed and discharged by the
beneficiaries under said Trust or their successor, and not by said
8
A
'Trustee personally, and further, that no duty shall rest upon Trustee,
either-personally or as such Trustee, to sequester trust assets,
rentals, avails or proceeds of any kind, or otherwise to see to the
fulfillment or discharge of any obligation, expressed or implied,
arising under the terms of this declaration of Covenants, except where
said Trustee is acting pursuant to discretion as provided by the terms
of said Trust, and after the Trustee has first been supplied with
funds required for that purpose. In the event of conflict between the
terms of this paragraph and of the remainder of this Declaration of
Covenants on any question of apparent liability or obligation resting
upon said Trustee, the exculpated provisions hereof shall be control-
ling.
IN WITNESS WHEREOF, First National Bank of Joliet , as
Trustee as aforesaid and not individually, has caused its corporate
seal to be affixed here under and caused its name to be signed to
these presents by its Trust Officer 13t and attested by
its Assistant V.P. , this day of November 30 , 1992.
Attest:
Its: Assistant Vice President
This instrument prepared by: Algis Lieponis
Trustee as aforesaid
and not individually
By :4%1K- -/v', ✓�''_
Its: Trust Officer
m
ih s do0ument 14 made by the 'irs'tr V tj, tiel Bak d
Jolt )* as TTc:iustee and accepted upon 'hat; expreoi
understanding that the - =;1' National Belit of joiiet
en.�r in i.hA e .:,ae not ,erson l: ,r but oar to3.
en tors into
1L ..a and it it.'. no p y.X.. r`:.^.. f. 14.c'�A.r'.,,m. Ity ti3 ;[7R>'r
v r 4 5 ' ?� =a k�@e.'i��.�:ii'i :.5,, 4,A et "`#y,`" e'd�.,i...". -or sA11 e a::, fled,
' y t zw,y 1,1 i ..: r J
fir ' 1 a.- x,3 " T' ��. .r»i,
yr o 6� .1..� rATS!¢J 4M.i.IM 61, .i �: 3.714 nl ...�f ..a .
lT tti.. ri � }y' 'ALA iµ.
/.4-6/9 • OF. LET/1400v i
Girt Jr 9L £ 9'37
Declarations of Covenants and Restrictions for 70c:?--,==2,-)/-1 — 9J
Castlewood Estates, Residential Unit
This Declaration (The Declaration of Covenants) is made and
entered into this 30th day of November ,1992, by First
National Bank off Joliet as Trustee under Trust Agreement dated
12/18/90 , and known as Trust No. 3890 ( the "Trust "), and
not individually (the "Trustee ") and ( "The Developer ").
Recitals
A. The trustee is the legal title holder of certain real estate
located in the County of Cook, State of Illinois and described as
Castlewood Estates, Residential Unit, Lot #s 1 thru 32, being a subdi-
vision of parts of Sections 27 and 28, Township 37 North, Range 11,
east of the Third Principal Meridian, in Cook County, Illinois.
B. The subdivision is comprised of 32 lots (Residential Unit,
Castlewood Estates), (called singly a "Lot" or collectively "Lots "):
and
C. The developer has contracted to sell certain of the Lots to
custom builders and the remainder to individuals. The custom builders
and such individuals have agreed to improve the Lots in accordance Coy;
with Declaration of Covenants: and
D. The Developer has determined that it is essential for the
proper development of the Subdivision that each of the Lots therein be
subject to the covenants and restrictions hereinafter set forth.
Agreements
Now, therefore, the Trustee, as legal title holder of the Real
Estate, and Developer, for the purposes premises above set for the
which by this reference are made a part hereof, and other good and
valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, hereby declare that the Subdivision and each and
every Lot is and shall be held, transferred, sold, conveyed and occu-
pied subject to the covenants and restrictions hereinafter set forth
each of which is for the benefit of said Lots and each owner thereof,
and shall be covenants that run with the land until the Expiration
Date (as hereafter defined) and shall be binding upon all parties now
or hereafter having any right, title or interest in the Subdivision,
in any party thereof, or in any Lot therein, and upon those claiming
under them, subject to the limitations or exceptions as are herein
expressed.
Article 1
General Purposes
The Subdivision is subject to the covenants hereby declared, to
ensure the proper use and appropriate development and improvement of
the Lots therein and every part thereof:
(i) to protect each owner of a Lot against improper use of sur-
rounding Lots as may depreciate the value of such owner's Lot and
improvements thereon:
(ii) to ensure that any structure of other improvements erected
on a Lot will be built with high quality materials:
(iii) to ensure that the Lots are developed in a homogeneous
manner:
(iv) to secure and maintain identical setbacks of setbacks of
structures on the Lots from streets and side yards and rear yards, and
to maintain adequate free space between structures on each Lot; and
(v) in general to provide for the highest type and quality of
improvements on each Lot, all of the foregoing having as their object
the establishment and preservation of the attributes of a distinguish-
ing residential community.
Article 2
General Restrictions
1. Land Use and Building Type
(a) Each Lot shall be improved with only one detached single -
family dwelling (a "Dwelling ") and private Garage appertaining there-
to. No use shall be made of a Lot except such as is incidental to the
occupation thereof for residence purposes by a single family.
(b) Each Dwelling shall be designed by, and all building plans
rendered in connection with the improvement of a Lot shall be the
product of, an architect duly licensed by the State of Illinois.
(c) Each dwelling shall have an attached Garage which will house
a minimum of 2 standard size automobiles (the "Garage "). The Garage
shall be used only by the owners or occupants of the dwelling, or
their guests, and shall not be used for rental purposes. No Garage
shall have more than 4 exterior car entrance doors. No carport shall
be constructed on a Lot. Sideload entry is preferable wherever possi-
ble.
(d) All buildings, including Garages erected on Lots, shall be
constructed of new materials. The first story exterior shall be brick
or stone materials. Some cedar on first floor may be added if specifi-
cally approved by the Architectural Review Committee. The second story
exterior shall be of brick or stone or stucco or cedar wood materials.
2
No aluminum or vinyl. siding is permitted on Dwellings; except for
soffit-and facia. All roofs must be of cedar shake or slate or tile or
textured 340 lb. asphalt shingle material.
(e) The grading upon any Lots shall be according to the approved
grading plan as submitted by the Lot owner to the Developer prior to
starting construction. The grading plan must show the sitting of the
Dwelling unit and elevation of the top of the foundation, the Garage
and the driveway. The Developer must be notified 48 hours prior to
excavation of any type on any Lots.
(f) There shall be no detached garages, sheds or other detached
structures.
(g) Mail box posts shall consist of 4" X 4" cedar post with
approved mailbox.
(h) No outdoor television or radio antenna, satellite dish or
other apparatus used to receive or transmit communication signals
shall be constructed on a Lot.
(i) No trees, shrubbery and other vegetation shall be planted at
or within Fifteen (15) feet from the corner of an intersection of
streets in the Subdivision so as to obstruct the field of vision of
oncoming or crossing vehicular traffic.
(j) No above ground swimming pools are allowed. All underground
pools must be approved by the Architectural Review Committee as here-
unto established.
2. Sidewalk'
The owner or builder on any parcel shall also install the re-
quired public side -walk in accordance with the specifications of The
.
Village of Lemont, Cook County, Illinois, in effect at that time.
Side -walk must be installed prior to occupancy of Dwelling. It is
understood that after the purchase of each Lot from the Developer, the
individual Lot owner must complete the installation of the sidewalk no
later than two years after date of purchase, or by such date as shall
be extended by the Developer. The installation will be required re-
gardless of whether the lot remains vacant. The Developer at any time
may install a sidewalk on any lot and bill said cost to Lot owner.
3. Dwelling Quality and Floor sizes
Each Dwelling and Garage constructed on a Lot shall be of a
quality of design, workmanship and materials as determined by the
Architectural Review Committee, and shall comply with all applicable
building codes, zoning ordinances and other governmental restrictions
and requirements. The living space area, exclusive of the attached
Garage, open terraces, basement and breezeways, shall be at least
2,200 square feet in size for one story Dwelling including three step
ranches and at least 2,700 square feet in size for a two story or
split level Dwelling. All building plans shall be subject to the
approval of the Architectural Review Committee.
4. Dwelling Location
The location setback and concrete foundation elevation of each
Dwelling must be approved by-the Architectural Review Committee prior
to construction. Generally all residences are to be constructed in ac-
cordance with the applicable building codes of the Village of Lemont.
One exception is the sideline setback requirements. To better facili-
tate side load garages, Castlewood Estates has obtained a variance
from the standard fifteen (15) Ft. sideline requirements, therefore
the location of each structure, including driveways shall be subject
to Architectural Review Committee approval. A thirty (30) ft. separa-
tion must be maintained from any existing home.
5. Driveways
Each access driveway to and from a Lot shall consist of a proper-
ly compacted granular subbase with concrete, asphalt, or paving brick
surface only.
6. Prohibited Uses
(a) No commercial enterprise or trade and no noxious or offensive
activity shall be carried on upon any site nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the
neighborhood.
(b) No commercial vehicle except conventional passenger vehicles
shall be parked outside of a Garage on any Lot in this Subdivision
except when used for delivery or service to a residence in the Subdi-
vision. No airplanes, recreational vehicles, boats commercial vehicle,
trailer of any type, or snowmobile shall be stored in the open on any
property, either temporarily or permanently, anywhere on any Lot.
(c) No Lot shall be used or maintained for a dumping ground for
rubbish, including grass clippings. Trash, garbage or othet wastes
shall not be kept except in sanitary containers. All such containers
used for disposal and storage of such materials shall be kept in a
clean and sanitary condition at all times. Burning of garbage or any
other material is strictly prohibited.
(d) No signage of any kind is permitted; except for property
legitimately offered for sale by the present owner. Size of signage is
restricted by the Village of Lemont.
(e) At no time shall farm animals be kept or housed on any of the
afore described Lots. This does not prevent the keeping or housing of
domestic birds, dogs, cats, fish or other domestic pets, as long as
they do not create a nuisance to other lot owners.
(f) Vacant Lots must be maintained by owner. No storage is al-
lowed and grass, shrubbery, and weeds must be cut. If Lot owner does
not maintain Lot Developer will clean Lot and bill Lot owner for cost
incurred for cleaning (minimum charge $300.00)
7. Architectural Controls
(a) No Dwelling, Garage, Building, fences, wall or other struc-
ture or landscaping shall be commenced, erected, or maintained, nor
shall any addition to or alteration on a Lot be made to an existing
Dwelling, Garage, building, fence, wall or other structure on a lot
except interior alterations, until the construction plans and specifi-
cations, showing the nature, grade design, kind, shape, height, mate-
4
cations, showing thenature,'grade design, kind, shape, height, mate -
rials,•vegetation, color scheme, location on the Lot and approximate
cost of landscape plan are submitted to and approved in writing by the
Architectural Review Committee, as defined in paragraph (c) hereafter.
Split rail fences are the only type of fence that can be used. Any
type of chain link fence is specifically prohibited. All dog runs
must be adjacent to dwelling and must not be placed so that it would
be offensive to adjoining Lots. Any fence or dog run requires approv-
al of Architectural Review Committee.
(b) It is understood and agreed that the purpose of the Architec-
tural Review Committee is to secure an attractive harmonious residen-
tial development having continuing appeal. The overall theme of the
construction designs shall be of classic European styling. Architec-
tural design will be considered in relation to this principle. In
order to achieve the purpose of a proper architectural mix of compati-
ble housing styles, it is policy that no two (2) structures of similar
construction style and color be within eye -view of one another not
closer than 400 feet as measured from either direction of the street
immediately in front of first structure built. Should structures of
similar construction styles be built closer than aforesaid, it shall
be policy to recommend distinctly different brick color and /or eleva-
tion changes to assure significant visual distinction in design and
identity.
(c) The Architectural Review Committee shall oversee all altera-
tions, additions and improvements thereon and shall consist of:
(I) the Developer, who shall be entitled to one (1) vote: LD LI
0
(II) an Architect licensed by the State of Illinois who shall be;;
designated by the Developer and who shall have one (1) vote:*
(III) a lot owner designated by the Developer and who shall have c1:
one (1) vote. 0
After the date on which the last of the initial sale of all the
Lots is closed, the Architectural Review Committee shall be comprised
as agreed by the Lot owners.
(d) All architectural plans for residence construction shall
require an application fee set by the Architectural Review Committee
in an amount not to exceed ($250.00) Two Hundred Fifty Dollars.
(e) In the event the Architectural Review Committee fails to
approve or disapprove said plans and specifications within 30 days
after said plans and specifications have been submitted, then said
written approval will not be required and these covenants shall be
deemed to have been fully complied with.
8. Construction and Completion Thereof
(a) Any construction undertaken on any Lot shall be continued
with diligence towards the completion thereof and be completed within
one (1) year from commencement of construction, except that such
period may be extended for a reasonable time by reason of an act of
God, labor dispute or other matter beyond the reasonable control of
the responsible custom builder or other individual. Construction
shall be deemed completed when an occupancy permit has been issued.
(b) Landscaping of the tot must be completed prior to the issu-
ance of the occupancy permit.
(c) During construction the owner of Lot shall cause to have
builder maintain a dumpster of sufficient size to provide for building
material wastes and shall provide for neat and clean maintenance of
the site, lot and street.
(d) After completion of the foundation and prior to other con-
struction the owner shall cause a gravel driveway to be installed from
the curb to garage for purpose of construction vehicle traffic and
shall further cause the repair to be made to any damage to the curb
caused during construction.
(e) All sidewalks, walkways and driveways must be completed prior
to the issuance of the occupancy permit.
(f) To insure compliance with the building plans approved by the
Architectural Review Committee and with these covenants and restric-
tions, the Lot owner shall deposit with the Architectural Review
Committee the sum of $1000.00 to be held by said committees in a non -
interest bearing escrow account. Upon completion of construction and
full compliance with the Architectural Review Committee approved plan,
and full compliance with covenants and restrictions, the $1000.00
deposit shall be refunded to the Lot owner.
(g) In the event of non - compliance and upon Notice to the Lot
owner, the Architectural Review Committee shall have the right to use
said deposited funds to achieve compliance with the approved plans and
these conditions and requirements.
9. Off Site and Temporary Structures
No existing structures shall be moved onto any lot in the subdi-
vision from any off -site location. Temporary structures of any kind
are not allowed at any time.
10. Maintenance of Lots and Side Strips
Each owner of a Lot shall maintain the parkways located between
his lot lines and the edges of street pavements on which said lot
abuts or is adjacent to. The owner of a vacant Lot shall keep that
Lot free of weeds, debris and stored items.
11. Notices
Any notice or other communication which any party hereto shall be
required or desire to give hereunder shall be in writing and mailed by
United States registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
TO DEVELOPER; Prime Land Development Corp.
14325 S. Bell Rd.
Lockport, IL 60441
6
40
0
TO TRUSTEE;
First National Bank of Joliet
Trust #3890
78 N. Chicago Street
Joliet, IL 60431
TO ARCHITECTURAL REVIEW COMMITTEE;
Arch. Review Committee
In care of - Prime Land Dev. Corp.
14325 S. Bell Rd.
Lockport, IL 60441
13. Rights Reserved to Developer
Developer, or its successors or assigns, reserves the right to
which each purchaser of a Lot hereby agrees to take subject to, to
maintain at such location or locations within the Subdivision as
determined by Developer at its sole discretion, models, sales offices
and sales personnel for the purpose of soliciting and making sales of
Lots and /or improvements within the same shall not be prohibited or
abated hereunder as a nuisance or other wise.
14. Modifications
By recorded supplemental declaration, Developer may at any time
prior to sale of last Lot contained of Subdivision modify any provi-
sion of this Declaration of Covenants for the purpose of clarification
or otherwise, provided no such modification shall materially change
the substantive provisions of this Declaration of Covenants or materi-
ally alter the rights of any owner of a Lot established hereby. Each
owner of a Lot and any mortgagee thereof shall be deemed to have
appointed the Developer its or their attorney -in -fact to execute and
record each of said supplemental declarations as if said owner of a
Lot or mortgagee thereof had itself or themselves executed and record-
ed the same.
15. Invalidation
Invalidation of any of the provisions of this Declaration by
judgment or court order in one way shall affect any of the other
provisions hereof, which shall remain in force and effort.
16. Default Provision
(a) Each owner of a Lot, which for the purpose of this Declara-
tion of Covenants is defined as any party having right, title or
interest in or to a Lot ( "owner of a Lot ") or occupant thereof is
bound by and shall comply with the terms of this Declaration of Cove-
nants or any amendment hereto. A failure by an owner of a Lot or
occupant thereof to comply with this Declaration or Covenants or any
amendment hereto shall constitute a default ( "Default "). If a Default
occurs, the Developer, or its successors or assigns, shall have the
right to recover damages at law, to procure injunctive relief, or to
avail itself of any of other rights or remedies permitted at law or in
equity from and against either the owner of a Lot or occupant thereof,
or both. In any proceeding commenced by the Developer, its successors
or assigns, based upon or arising out of an alleged Default, if the
Developer or its successors or assigns prevails, it shall be entitled
to recover all expenses of the proceeding, including reasonable attor-
neys' fees and expenses.
tit
car
e',l'•.
1
(b) In the event of a Default by an owner of a Lot other than
the Developer, the Developer shall neither be liable nor responsible
to any owner of a Lot for the enforcement of the covenants and re-
strictions contained in this declaration of Covenants. Each owner of
a Lot acknowledges that Developer's exercise or failure to exercise
any right or power of review and approval hereunder, including these
decisions made pursuant to Paragraph 7 of this agreement, or for the
Developer's enforcement or nonenforceable of any provision of this
Declaration of Covenants.
(c) Each owner of a Lot shall have the right to enforce all
covenants, conditions, restrictions and reservations created here
under against any other owner of a Lot or occupant thereof, but not
against Developer, and to exercise against any other owner of a Lot or
occupants hereof, but not against Developer, all rights and powers
created by this Declaration of Covenants, except those granted specif-
ically to Developer.
17. Rule Against Perpetuities
If any of the covenants, conditions, restrictions, privileges, or
rights created by this Declaration of Covenants would otherwise be C:,
lawful or void for violation of (a) the rule against perpetuities or
some analogous statutory provisions, (b) the rule restricting re- C
straint on alienation, or (c) any other statutory or common law rules
imposing time limits, then such provision shall continue only until 'NI
twenty -one years after the death of the last of the now living lawful in
descendants of George Bush, President of the United States.
18. Duration
The covenants, conditions and restrictions set forth herein shall
remain in full force and effect for a period of twenty (20) years from
the date hereof (the "expiration Date ") and shall continue in full
force and effect from year to year thereafter unless the owners,
including Developer, of seventy -five percent (75 %) of the Lots
covenant in writing to the termination and revocation of this Declara-
tion of Covenants. In the event said notice is issued, this Declara-
tion of Covenants shall terminate and be null and void upon the date
set forth in said notice (the "Expiration Date ").
19. Trustee's Exculpation
This Declaration of Covenants is executed by
First National Bank of Joliet , as Trustee aforesaid, in the
exercise of power and authority conferred upon and vested in it as
such Trustee (and said Trustee hereby warrants that it possesses full
power and authority to execute this instrument). It is expressly
understood and agreed by every person, firm, or corporation hereafter
claiming any interest under this Declaration of Covenants that said
Trustee as aforesaid, and not personally, has joined in the execution
of this Declaration of Covenants for the sole purpose of subjecting
the title holding interest and trust estate under said Trust
# 3890 to the terms of this Declaration of Covenants; that any
and all obligation, duties, covenants and agreements of every nature
herein set forth by said Trustee personally, and aforesaid, to be kept
or performed, are intended to be kept, performed and discharged by the
beneficiaries under said Trust or their successor, and not by said
8
Trustee personally, and further, that no duty shall rest upon Trustee,
either personally or as such Trustee, to sequester trust assets,
rentals, avails or proceeds of any kind, or otherwise to see to the
fulfillment or discharge of any obligation, expressed or implied,
arising under the terms of this declaration of Covenants, except where
said Trustee is acting pursuant to discretion as provided by the terms
of said Trust, and after the Trustee has first been supplied with
funds required for that purpose. In the event of conflict between the
terms of this paragraph and of the remainder of this Declaration of
Covenants on any question of apparent liability or obligation resting
upon said Trustee, the exculpated provisions hereof shall be control-
ling.
IN WITNESS WHEREOF, First National Bank of Joliet , as
Trustee as aforesaid and not individually, has caused its corporate
seal to be affixed here under and caused its name to be signed to
these presents by its Trust Officert and attested by
itsAssistant V.P. , this day of November 30 , 1992.
Attest:
Its: Assistant Vice President
This instrument prepared by: Algis Lieponis
Trustee as aforesaid
and not individually
CID
Ci
Its: Trust Officer
This document is made by the first National Bank of
Joliet as Trustee and accepted upon the express
understanding that the First National Bad of ZaIiet
enters into. the same not personally, but Gm1V as
Trustee and that no personal liability is agfruneid by
nor shall be asserted or enforced amt the First
:l at 1.Jnal Bank of Joliet because of or an a000unt of
the inking or executing this document nt or of anything
contained, all sob liability if xny being
xpressly waived, nor s Ail the Fitt N tios'nib $a111:
J; Joliet be held personally liable won ox in co.!).
sequence of any of the covenants of this , doc "
'tiler expressed or implied.
9