DECLARATION OF PROTECTIVE COVENANTS FOR GLENMOORIndex
CovenantsTHIS DECLARATION made this 20th day of January, 1989, by CHARTER BANK AND TRUST OF ILLINOIS (formerly First State Bank & Trust Company of Hanover Park) an Illinois Banking Corporation, not individually, but as Trustee under Trust Agreement dated December 21, 1986, and known as Trust No. 1210 (hereinafter referred to as "Declarant").W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain real property located in the Village of Algonquin, County of McHenry, State of Illinois, which property is legally described on Exhibit A attached hereto and made a part hereof (the "property"); and WHEREAS, it is the intention of Declarant that the Property will be improved by the construction' of detached single family residences thereon; and WHEREAS, Declarant desires to establish certain rights, easements and privileges in, over and upon the Property and impose certain covenants, conditions, restrictions and obligations with respect to the proper use, conduct and maintenance thereof, as hereinafter set forth, for the mutual benefit of all owners, with the intent that all owners, occupants and mortgagees of the Property or portions thereof and any other persons hereinafter acquiring any interest in the Property, shall hold their respective interests in the Property subject thereto; and WHEREAS, all such rights, easements, privileges, covenants, conditions, restrictions and obligations are in furtherance of a plan to promote and protect the quality of residence on the Property and are established for the purposes of preserving, enhancing and perfecting the value, desirability and attractiveness thereof. NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements set forth below, which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Original page 1
ARTICLE I
DEFINITIONS Section 1. "Association" means the GLENMOOR HOMEOWNERS' ASSOCIATION, an IIIinois not for profit corporation, its successors and assigns. Section 2. "Board" means the Board of Directors of the Association selected pursuant to the terms of this Declaration, the articles of Incorporation of the Association, and the By-Law's thereof. Section 3. "Common Area" means all the real property and improvements thereon, owned by or subject to an easement in favor of the Association for the common use, enjoyment and convenience of the members of the Association. Such Common Area shall include, but shall not be limited, to the decorative entranceway and the landscaping and lighting adjacent thereto, sidewalks and the fence located on the property adjacent to Haeger's Bend Road (which shall be a six foot (6') high from finish grade, green vinyl coated cyclone fence installed by Developer) and the easement premises on which said improvements are located. Declarant may, but shall not be required to designate and convey other property to the Association.Section 4. "Declarant" means the FIRST STATE BANK & TRUST COMPANY OF HANOVER PARK, as, Trustee under Trust Agreement dated December 21,1986, and known as trust No. 1210, and such of its successors and assigns who are specifically assigned the rights and obligations of Declarant hereunder. Declarant shall have the right to assign any or, all of its rights or obligations to any such successor or assign. Section 5. "Declaration" shall mean and refer to this Declaration of Protective Covenants for Glenmoor and any amendments thereto. Section 6. "Developer" shall mean and refer to Dartmoor Construction Corp., an Illinois corporation, and such of its successors and assigns who are specifically assigned the rights and obligations of Developer hereunder. Developer shall have the right to assign any or all of its rights or obligations to any such successor or assign. Section 7. "Lot" shall mean and refer to any lot of record, designated as such on any plat of subdivision or resubdivision of all or any portion of the Property, which is placed of record in the Office of the Recorder of Deeds of McHenry County, Illinois and the single-family detached residence, if any, constructed thereon. Original page 2Section 8. "Member" means every person or entity who holds membership in the Association. Section 9. "Owner" shall mean and refer to the record owner (or the beneficiaries of a land trust which may be a record owner) whether one or more persons or entities, of a fee simple title to any Lot as defined herein (or shall otherwise become subject to the terms hereof), including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 10. "Person" shall mean and refer to any individual, corporation, partnership, trustee or other legal entity capable of holding title to the real property. Section 11. "Property" means the real property described on Exhibit A attached hereto and made a part hereof. Section 12. "Record" or "place of record" shall mean to record a document in the office of the Recorder of Deeds of McHenry County, Illinois. Section 13. "Residence" shall mean and refer to the single-family detached residence that may be constructed on a Lot.
ARTICLE II
PROPERTY RIGHTS Section 1. Burden Upon The Property. Declarant hereby declares that this Declaration and the covenants, restrictions and easements established herein shall be covenants to run with the land. Said covenants and restrictions shall inure to the benefit of and be binding upon each and every Owner, and his or her respective heirs, representatives, successors, purchasers, lessees, grantees and mortgagees. By the recording or acceptance of the conveyance of a Residence or any interest therein, the person or entity to whom such interest is conveyed shall be deemed to accept and agree to be bound by the provisions of this Declaration and the By-Laws of the Glenmoor Homeowners Association. Section 2. Nonseverability of Rights. The rights, liabilities and obligations set forth herein shall attach to and run with the ownership of any portion of the Property as more specifically set forth below and may not be severed or alienated from such ownership. Original page 3
ARTICLE III
MEMBERSHIP Section 1. Incorporation of Association. Developer will cause to be incorporated a not for profit corporation known as the GLENMOOR. HOMEOWNERS' ASSOCIATION, which shall be the governing body for the administration and operation of the Common Area and shall maintain and promote the desired character of the Property, as provided in this Declaration and the By-Laws duly adopted by the Association. All activities undertaken by the Association shall be for the sole benefit of the Owners in accordance with this Declaration and the By-Laws. Pursuant to this Declaration, the Board of Directors of the Association shall constitute the final administrative authority and all decisions of the Board with respect to the administration of the Development shall be binding. All rights, titles, privileges and obligations vested or imposed upon the Association by this Declaration shall be held and performed by the Board of Directors. Section 2. Membership in GLENMOOR HOMEOWNERS' ASSOCIATION. Declarant and every person or entity who is a record owner of a fee or undivided fee interest in any Lot within the Property, including contract sellers, shall automatically be a Member of the Association. The foregoing shall not include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to the terms hereof and membership shall automatically terminate upon the transfer of ownership. Subsequent Owners shall likewise succeed to membership. Ownership of a Lot shall be the sole qualification of membership. Section 3. By-Laws. As a Member of the Association, each Owner hereby covenants and agrees to be bound by the provisions of the By-Laws of the Association as such may be adopted and properly altered, or amended from time to time pursuant to the terms thereof.
ARTICLE IV
VOTING RIGHTS - ADMINISTRATION Section 1. One Vote. Each Member shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership pursuant to Article III. When more than one person holds such interest, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall there be more than one (1) vote for each Lot owned by such Members. Original page 4Section. 2. Board of Directors. The administration and operation of the Property shall be vested in the Board of Directors of the Association ("Board"). The Board shall consist of three (3) directors who, prior to the first annual meeting of the Members, shall be appointed by Developer (the "First Board"). At or subsequent to the first annual meeting, the Board shall be elected by the Members in accordance with the By-Laws of the Association and this Declaration. The first annual meeting of members shall be held not later than the earliest of the following:
Section 3. Selection of Directors. Except for the directors appointed to the First-Board, each director shall be an Owner, the spouse of an Owner, or if an Owner is a trustee of a trust, a beneficiary of such trust, or if an Owner is a partnership, a partner of such partnership, or if an Owner is a corporation, a shareholder of such corporation. Section 4. Funds of the Association. All funds collected by the Board shall be held and expended for the purposes designated in this Declaration and the By-Laws and shall be deemed to be held for the benefit, use and account of all Owners. Said funds shall be administered pursuant to the provisions of this Declaration and the By-Laws. Section 5. Rules and Regulations. The board shall have the authority from time to time to adopt rules and regulations governing the administration and operation of the Property, subject to the terms of this Declaration and the By-Laws. Section 6. Indemnification of the Board. The members of the Board and the officers of the Association shall not be liable to the Owners for any mistake in judgment or acts or omissions not made in bad faith, as members of the Board or officers. The Owners shall indemnify and hold harmless said parties against all liabilities arising out of agreements made or other actions taken by such members or officers on behalf of the Owners or the Association unless such agreements shall have been made in bad faith or with knowledge that the same was contrary to the provisions of this Declaration. The liability of any Owner, as described above, shall be limited to an amount determined by dividing the total liability by the total number of Owners subject to the terms of this Declaration. All contracts and agreements entered into by the Board or the officers shall be deemed executed by said parties as the case may be, as agent for the Owners or the Association. Original page 5Section 7. Board's Determination Binding. In the event a disagreement arises between any Owners relating to the Property or the interpretation and application of this Declaration, the By-Laws or the rules and regulations adopted by the Association, the review and resolution thereof by the Board shall be final and binding upon any and all such Owners. Section 8. Management and Maintenance. The Board may retain such employee or employees as it deems necessary to maintain and operate the Common Area. Section 9. Quorum. Unless otherwise specified to the contrary in any provision of this Declaration, the presence of Members or of proxies entitled to cast 50% of the votes of the membership shall constitute a quorum for any meeting of the Members of the Association. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in the By-Laws of the Association and the required quorum at such subsequent meeting shall be 50% of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
ARTICLE V
ARCHITECTURAL CONTROLS Section 1. Fences, Walls and Other Structures. It is understood and agreed that the purpose of the architectural controls set forth herein is to secure an attractive and harmonious development. Therefore, no Residence, building, fence, wall or other structure shall be erected or maintained upon the Property except as such are installed or approved by the Developer in connection with the initial construction of the Property, or except as authorized and approved, pursuant to Section 3 below. Section 2. Exterior Additions or Alterations. No new structure, Residence, ancillary building, fence or antenna shall be constructed on any Lot nor shall any addition to, change or alteration of the exterior of any structure located on a Lot be permitted except if such shall be approved pursuant to Section 3 below. Section 3. Architectural Review. If an Owner desires to alter, add to or change the exterior of any structure or Residence located on his Lot in any manner, or construct a new structure, Residence, ancillary building, or fence upon his Lot, then such Owner shall submit
Section 4. Development Standards. The Board's and/or Committee's review of each submission made pursuant to Section 3 above shall take into consideration each of the following criteria which must be satisfied in order to obtain approval pursuant to Section 3 above.
Section 5. Minimum Area of Residence.
Section 6. Special Restrictions for Lots Adjacent to Haeger's Bend Road.
Section 7. Special Restrictions for Lots on Northern Boundary of the Property.
ARTICLE VI
USE AND OCCUPANCY RESTRICTIONS Section 1. General Use. The principal structure located on each Lot shall be a Residence and shall be used only for residential purposes. No business or trade of any kind or noxious or offensive activity shall be carried on anywhere on the Property, nor shall anything be done thereon which may become an annoyance or nuisance to the Owners. The foregoing restrictions as to residential use shall not, however, be construed in such manner as to prohibit an Owner from maintaining his personal professional library, keeping his personal business or professional records or accounts, or handling his personal business or professional telephone calls or correspondence within his Residence. The uses set forth in the preceding sentence are expressly declared customarily incident to the principal residential use of a Residence and not in violation of the restrictions or use contained herein. Original page 9Section 2. Animals. No animals, poultry or livestock of any kind shall be raised, bred or kept anywhere on the Property, except that dogs, cats and other common household pets shall be allowed (for other than commercial purposes), provided that no such animal shall cause or create a nuisance or unreasonable disturbance to other Owners. Section 3. Signs and Light Standards. No signs of any kind shall be erected, placed or permitted to remain on the Property, except a family name designation of not more than 240 square inches. No flood lights shall be permitted which illuminate adjoining Lots without the prior written approval of the then Owner of the adjoining Lot or Lots. The foregoing restrictions shall not apply to the signs installed and maintained by Developer. Section 4. Storage. No rubbish, storage piles, trash, garbage or material shall be dumped or allowed to remain on the Property at any time except as necessary to facilitate its pick up and disposal. All such storage shall be screened from view. Section 5. Vehicles. No boat, camper trailer, truck, commercial vehicle, mini-bike or snowmobile shall be stored on the property (permanently or temporarily) other than in an enclosed garage. The term "commercial vehicle" shall include any automobile, truck or wheeled equipment bearing any sign, logo or writing, which relates or refers to any commercial enterprise. Section 6. Laundry Lines and Antennae. Laundry poles and lines and exterior television and radio antennae are prohibited on the property. Section 7. Topography. No grading, cutting, filling, stockpiling or alteration of any grade shall be permitted anywhere within the property unless specifically approved by Developer Section 8. Landscaping. No planting of any kind shall be placed on any Lot in such a manner as to interfere with the use of neighboring Lots or to present any visual safety hazard, and foliage and landscaping shall be neatly maintained. Further, each Owner shall keep his Lot free from weeds and shall not permit any foliage breeding infectious disease or insects to remain on his Lot. Original page 10Section 9. Alteration of Drainage Patterns. No structure, facility, plantings or any other object or debris shall be constructed or placed on the property, nor shall any existing structure of facility be altered, in any manner that alters the drainage pattern of the Property. The foregoing notwithstanding, where there exists on any Lot or Lots a natural condition or accumulation of storm or surface water remaining over an extended period of time, the Owner may, with written approval of the Village of Algonquin, take such steps as shall be necessary to remedy such condition, in order to cause the drainage to flow into the municipal storm sewer system, provided that no alteration or diversion of such natural flow proposed by the Owner will cause damage to other property, either inside or outside the confines of the Property. Section 10. Dedication of Streets; Drainage and Utility Easements. Developer shall dedicate or otherwise transfer portions of the Property to the Village of Algonquin for use as public streets, and may dedicate, transfer or establish easements over portions of the Property for the benefit of any public agency, authority or utility for such purposes and subject to such conditions as Developer shall determine. Developer may also grant, assign, reserve or cause to be created certain easements for storm water drainage detention or retention and utility facilities on, under and through portions of the Property. Developer shall provide sufficient easements and facilities to reasonably accommodate drainage from and through the Village of Barrington Hills.
ARTICLE VII
CONSTRUCTION RESTRICTIONS Section 1. Damage or Destruction. In the event of damage or destruction to any improvements by reason of fire or other casualty, the Owner of the Lot on which such improvements were located shall thereafter promptly restore such improvements to the condition existing prior to such damage or destruction, or raze and remove such improvements and landscape the Lot in a sightly manner, or construct new improvements after complying with the provisions of Article V above. Section 2. Construction Activities. All construction activities, except utility connections, must be confined to the Lot under construction. All equipment used in clearing, excavating or construction on a Lot shall be loaded or unloaded only within the boundary lines of the Lot. During the clearing, excavating or construction, the Owner of the Lot on which the work is performed shall cause the roads within or bordering on the Property and adjacent Lots to be kept reasonably clear of dirt and debris caused by such clearing, excavating or construction and shall be responsible for and shall repair any damage to such roads, curbs, sidewalks, utilities and adjacent Lots caused by such construction activity. Original page 11Section 3. Temporary Structures. Except as may be constructed or maintained by Developer, no trailer, temporary building, or structure of any kind shall be permitted on the property, except temporary buildings or structures located upon a Lot used during construction of a permanent improvement upon such Lot. Such temporary building or structure shall be removed as promptly as practicable and in any event not later than thirty (30) days after the issuance by the Village of Algonquin of an occupancy permit for such permanent improvement. . Section 4. Special Construction Restriction for Haeger's Bend Road.
ARTICLE VIII
COVENANT FOR MAINTENANCE ASSESSMENTS AND REMEDIES Section 1. Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance in such deed of conveyance, whether or not it shall be so expressed in any such deed, is deemed to covenant and agree to pay to the Association: (i) regular and supplemental assessments or charges representing his designated share of the expenses of maintenance, repair, replacements, taxes, administration and operation of the Common Area, including but not limited to, the fence and decorative entranceway referred to in Section 3 of Article I ("Common Expenses"); and (ii) special assessments for capital improvements and unforeseen expenses to be collected from time to time as provided below. All such assessments are to be established and collected as provided in this Declaration and the By-Laws. All such assessments, together with interest, costs and reasonable attorneys' fees relating to the collection thereof, shall be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. Such personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Board shall be for the purpose of maintaining and insuring the Common Area and, in general, to promote the character of the Property. Such purposes and uses of assessments shall include (but are not limited to) the payment of all taxes, insurance, utility charges, repair, replacement and maintenance costs relating to the Common Area, and other charges established by this Declaration, or that the Board shall determine to be necessary or desirable to foster the primary purpose of the Association. Section 3. Assessments.
Original page 13 Original page 14 Original page 15 Section 4. Uniform Rate of Assessment. Annual, supplemental and special assessments must be fixed at a uniform rate for all Lots subject to such assessments. Section 5. Commencement and Payment of Assessments. The assessments provided for herein shall commence for each Lot on the first day of the month following the conveyance of such Lot by Declarant to an Owner purchasing the Lot for residential purposes. The initial assessment for each Lot shall be adjusted according to the number of months remaining in the year in which such Lot is conveyed. Original page 16Section 6. Effect of Nonpavment of Assessments - Remedies of the Association. Any assessment, regular, supplemental or special, which is not paid on the date when due shall be deemed delinquent and if such assessment remains unpaid thirty (30) days after it has become delinquent, such assessment shall bear interest from the date of delinquency at the maximum rate of interest per annum permitted by the usury laws of the State of Illinois. Such delinquency shall be a continuing lien and equitable charge running with the land touching and concerning the Lot so assessed and the Association may bring an action at law or in equity against the Owner personally obligated to pay the same, or foreclose the lien against his Lot and the Residence located thereon, if any. All expenses of the Board in connection with any such actions or proceedings, including court costs and attorney's fees, and other fees and expenses and all damages, liquidated or otherwise, together with interest thereon at the highest lawful rate in force from time to time until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed to be part of his respective share of the Common Expenses, and the board shall have a lien for all of the same, as well as for non-payment of his respective share of the Common Expenses, upon the lot owned by such defaulting owner and upon all of his additions and improvements thereto. In the event of any such default by any owner, the Board shall have the authority to correct such default, and to do whatever may be necessary for such purpose, and all expenses in connection therewith shall be charged to and assessed against such defaulting Owner. Any and all rights and remedies granted by this Declaration may be exercised at any time and from time to time, cumulatively or otherwise by the Board. Should title to any Lot be held by more than one Person, each such Person shall be jointly and severally liable. The enforcement of liens or charges shall be limited to a period of five (5) years. The venue for all action at law or in equity provided for in this Article IX shall be in McHenry County, Illinois. The persons in possession of: any Lot shall be authorized to accept summons on behalf of the Owner or Owners of such Lot. Upon the recording of notice of lien by the board, it shall be a lien upon such Lot prior to any other liens or encumbrances, recorded or not recorded, except only:
Notwithstanding anything in this Declaration to the contrary, no amendment or change or modification of this Section 6 of Article VIII shall be effective unless the same shall be first consented to in writing by all mortgagees of record of each Lot which is subject to this Declaration. The lien for Common Expenses shall be in favor of the Association, for the benefit of all other Owners who may have the right to bring any action authorized under this Declaration or the By-Laws or otherwise in law or equity. Where the Owner 's interest is sold at a public or private sale pursuant to this Declaration or the By-Laws because of the failure to pay the Common Expenses, the Board and their successors in office, acting in behalf of the other Owners, shall have the power to bid in the interest so foreclosed and to acquire and hold, lease, mortgage or convey same. Section 7. Forcible Entry and Detainer - Further Remedies. In the event of any default by any Owner in the performance of his obligations under this Declaration, the By-Laws or rules or regulations of the Board, the Board, or its agents, in addition to an action for the collection of assessments and foreclosure of the lien, shall have the authority to exercise and enforce any and all rights and remedies as provided in the Illinois Forcible Entry and Detainer Act, as amended from time to time, or as otherwise available at law or in equity for the collection of all unpaid assessments. Original page 17Section 8. Mechanic's Liens. The Board may cause to be discharged any mechanic's lien or other encumbrance which in the opinion of the Board may constitute a lien against the Common Area. Where less than all of the Owners are responsible for the existence of said lien, such Owners responsible shall be jointly and severally liable for the amount necessary to discharge the same, and for all costs and expenses including attorneys I fees and court costs incurred by reason of the lien. Section 9. Holdinq of Funds. All funds collected hereunder shall be held and expended for the purposes set forth herein and shall be deemed to be held for the sole benefit, use and account of all Owners equally.
ARTICLE IX
INSURANCE Section 1. Acquisition of Insurance Coverage. The Board shall obtain insurance coverage for the Common Area to cover against loss or damage by fire and such other hazards as are covered under standard extended coverage provisions (including vandalism and malicious mischief) to the extent that the Common Area is insurable. The insurance shall be for the full insurable replacement value of the Common Area and the insurance premiums shall be a Common Expense. Such insurance coverage shall be written in the name of, losses under such policies shall be adjusted by, and the proceeds of such insurance shall be payable to, the Association. The insurance coverage shall, if possible, provide that the insurance as to the interest of the Association shall not be invalidated by any act of neglect of any Owner. The coverage shall contain an endorsement to the effect that said coverage shall not be terminated for nonpayment of premiums without at least fifteen (15) days prior written notice to the Association. The insurance policies shall, if possible, contain waivers of subrogation with respect to the Board, its employees and agents, Owners, members of their household and mortgagees and, if available, shall contain a replacement clause endorsement. Section 3. Reconstruction of the Property. The insurance proceeds shall be applied by the Board on behalf of the Association for the reconstruction or restoration of the Common Area. Section 4. Board Acceptance of Insurance Proceeds. Payment by an insurance company to the Board of any insurance proceeds coupled with the receipt and release from the Board of the company's liability under said policy shall constitute a full discharge of said insurance carrier and said carrier shall not be under any obligation to inquire into the terms of any trust pursuant to which the proceeds may be held. Original page 18Section 5. Other Insurance. The Board shall have the authority to and shall obtain comprehensive public liability insurance including liability for injuries or death to persons and property damage, in such amounts as it shall deem desirable, and workman's. compensation insurance and other liability insurance as it may deem desirable, insuring each Owner, the Association, its officers, members of the Board, Declarant, Developer and their respective employees and agents, against liability in connection with the Common Area and the streets and sidewalks adjoining the Property and insuring the officers of the Association and members of the Board from liability for good faith actions. The premiums for all such insurance shall be a Common Expense. Section 6. Owner's Insurance of Lots and Residence. Each Owner shall, at his ovn expense, obtain and maintain throughout the period of his ownership of a Lot, insurance covering his own Lot and Residence located thereon against loss, damage or destruction by fire, vandalism, malicious mischief and such other hazards as are covered under standard extended coverage insurance provisions, for the full insurable replacement cost of his Residence. Full insurable replacement cost shall be deemed the cost of the restoring such Residence or any part thereof to substantially the same condition in which it existed prior to said damage or destruction. Each such policy of insurance shall contain, if possible, a waiver of subrogation rights by the insurer against other Owners and the Association. At the request of the Board, each Owner shall provide the Board with evidence of such insurance in the form of copies of the applicable policies or certificates of insurance.. Each Owner shall be responsible for the insurance of his personal liability to the extent not covered by any liability insurance obtained as part of the insurance coverage for the Common Area. Each Owner shall also be responsible for obtaining and maintaining insurance covering the contents of his Residence and his personal property.
ARTICLE X
GENERAL PROVISIONS Section 1. Notices. Notices provided for in this Declaration shall be in writing and shall be addressed to the Developer at such address as may from time to time be designated by Developer and in lieu of such designation to Post Office Box 89, Barrington, Illinois 60010. Notices to an Owner shall be addressed to his Lot address, however, any Owner may also designate a different address at which he is to be notified. Any notices required pursuant to the provisions of this Declaration shall be deemed to have been properly served when mailed, postage prepaid, certified mail, return receipt requested, to the last known address of the addressee, or when delivered in person with written acknowledgement of the receipt thereof. Original page 19Section 2. Severability and the Rule Against perpetuities. If any provision of this Declaration shall be held invalid, it shall not affect the validity of .the remainder of this Declaration. If any provision of this Declaration is deemed to violate the rule against perpetuities or any other rule, statute or law imposing time limitations, then such provision shall be deemed to remain in effect until the death of the last survivor of the now living descendants of the President of the United States, Ronald Reagan, plus twenty-one (21) years thereafter. Section 3. Enforcement. The village of Algonquin, the Developer or any Owner shall have the right to enforce, by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. In consideration of the Village of Barrington Hills approving a curb cut from the Property onto Haeger's Bend Road, the Village of Barrington Hills and the record owners of the real estate legally described on Exhibit B attached hereto and made a part hereof (the "Neighboring Owners"), which real estate is located within the corporate limits of the Village of Barrington Hills, shall be deemed a benefited party hereunder with respect to the provisions of Section 3 of Article I, Sections 5, 6 and 7 of Article V, Section 9 of Article VI, Section 4 of Article VII, Section 1 of Article VIII, Sections 3 and 4 of this Article X and Section 1 of Article XI, and shall have the right, but not the obligation, to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations provided for in the above-references Sections. Failure by the Village of Algonquin, the Village of Barrington Hills, the Neighboring Owners, the Developer or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No covenants, restrictions, conditions, obligations or provisions contained in this Declaration shall be deemed to be abrogated or waived by reason of any failure to enforce the same irrespective of the number of violations or breaches which may have occurred. Section 4. Remedies Cumulative. All rights, remedies and privileges granted to the Village of Algonquin, the Village of Barrington Hills, the Neighboring Owners, Developer and the Owners pursuant to any of the terms, provisions, covenants or conditions of this Declaration shall be deemed to be cumulative and the exercise of anyone or more shall not be deemed to constitute an election of remedies nor shall it preclude such parties thus exercising the same from exercising such other and additional rights, remedies or privileges as may be granted to them at law or in equity. Original page 20Section 5. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for development. Section 6. Land Trusts. In the event title to a Lot is held by a land trust under which all powers of management, operation and control remain vested in the trust beneficiary or beneficiaries, then the trust estate under said trust and the beneficiaries thereunder from time to time shall be liable for payment of any obligation created under this Declaration against the Lot. No claim shall be made against any such title holder trustee personally for any claim or obligation created hereunder and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against any such lien or obligation, but the amount thereof shall continue to be a charge or lien upon the premises notwithstanding any transfers of beneficial interest or in the title to such real estate. Section 7. Captions. The articles and section captions are intended for convenience only and shall not be construed with any substantive effect in this Declaration. Section 8. Limitation of Liability. It is expressly understood and agreed that any liability of Developer (including any partnership, joint venture or other entity that succeeds to its interest) which may be incurred pursuant to the terms hereof shall be limited solely to the assets of Developer relating to the Property. Section 9. Rights of Developer. Developer shall have the right to maintain sales facilities, signs and access for construction storage on the property (exclusive of those portions sold to Ovners for residential purposes} for so long as it is conducting marketing activities for all or any portion of the Property. Section 10. Rights and Obligations. Each grantee of Declarant, by the acceptance of a deed of conveyance, and each purchaser under any contract for such deed of conveyance, accepts said deed or contract for himself, his heirs, representatives, successors, lessees, grantees and mortgagees, subject to all restrictions, conditions, covenants, reservations, easements and liens and the jurisdiction, rights and powers created or reserved by this Declaration. Reference in the respective deeds of conveyance or in any mortgage or trust deed or other evidence of obligation or transfer, to the covenants, conditions, restrictions, easements, rights, benefits and privileges of every character contained herein, shall be deemed and taken to be appurtenant to and covenants running with each Residence, and shall be binding upon any such grantee, mortgagee or trustee and their successors and assigns as fully and completely as though the provisions of this Declaration were fully recited and set forth in their entirety in such documents. Further, the rights, liabilities and obligations set forth herein shall attach to and run with the ownership of a Residence and may not be severed or alienated from such ownership. Original page 21Section 11. Successors and Assigns of Developer and/or Declarant. Every right, power or easement granted to or reserved by the Developer and/or Declarant in this Declaration shall inure to the benefit of and may be exercised by any Developer's and Declarant's successors and assigns to whom Developer and/or Declarant expressly assign the rights of Developer and Declarant hereunder. Section 12. Conflict Between Covenants and Municipal Regulations or Annexation Agreement. In the event there is at any time a conflict between any term or provision in this Declaration and (i) any provision of any then effective ordinance, rule or regulation of the Village of Algonquin, or (ii) that certain Annexation Agreement dated April 21, 1987 and placed of record as Document No. B7R001733, then the most restrictive pertinent provision shall prevail.
ARTICLE XI
AMENDMENTS TO DECLARATION Section 1. Approval of Amendments. So long as Developer or Declarant retains title to one (1) or more Lots, this Declaration may be amended by an instrument in writing setting forth the amendment{s) and executed by Developer. Thereafter, provisions of this Declaration may be amended by an instrument in writing setting forth the amendment(s) and executed by the Owners representing not less than seventy-five percent (75%) of the Lots constituting the Property. However, in no case shall Section 3 of Article I, Sections 5, 6 and 7 of Article V, Section 9 of Article VI, Section 4 of Article VII, Section 1 of Article VIII, Sections 3 and 4 of Article X or this Article XI be amended without the express written consent to such amendment by the Village of Algonquin, the Village of Barrington Hills and the Neighboring Owners. Copies of all amendments hereto which do not require the consent of the Village of Algonquin, the Village of Barrington Hills, and the Neighboring Owners shall be delivered to each of the foregoing parties. All notices required to be delivered to the Village of Barrington Hills shall be sent to the attention of the Village Clerk at the address of the Village Hall. Original page 22Section 2. Validity of Amendments. No amendments approved pursuant to this Article XI shall become valid until a true and correct copy of same shall have been placed of record in the Office of the Recorder of Deeds of McHenry County, Illinois.
ARTICLE XII
This instrument is executed by Charter Bank and Trust of Illinois (formerly First State Bank & Trust Company of Hanover Park), not personally, but as Trustee and solely in the exercise of the powers conferred upon it as such Trustee. This instrument is executed on the express condition that nothing contained herein shall be construed as creating any liability whatsoever against said Trustee personally. This instrument is executed and delivered by and shall be binding upon such Trustee and any subsequent trustee, not in their own right, but solely in the exercise of the powers conferred upon it as such trustee, and that all personal liability of said Trustee and of any subsequent trustees, of every sort, if any, is hereby expressly waived by all Owners.
DECLARANT'S EXCULPATION IN WITNESS WHEREOF, the Declarant has affixed its hand and seal the day and year first above written. DECLARANT: CHARTER BANK AND TRUST OF ILLINOIS (formerly First State Bank & Trust Company of Hanover park), as Trustee under Trust Agreement dated December 21, 1986 and known as Trust N0 1120.
STATE OF ILLINOIS
COUNTY OF [Du Page] I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that [name], Assistant Vice President of Charter Bank and Trust of Illinois, and [name]' , Assistant Secretary thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said Bank, for the uses and purposes therein set forth; and said Assistant Secretary did also then and there acknowledge that he as custodian of the corporate seal of said Bank did affix said corporate seal of said Bank to said instrument as his own free and voluntary act and as the free and voluntary act of said Bank for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 20th day of January, 1989. Notary Public [Velma E. Bates]
CONSENT OF MORTGAGEE
Bank of Buffalo Grove, an Illinois banking corporation, as Mortgagee under Mortgage dated July 8, 1987 and recorded July 9, 1987 as Document Number 939191 and extension recorded as Document Number 88R-033004, .under Mortgage dated September 26, 1988 and recorded October 4, 1988 as Document Number 88R-031822, under Mortgage dated February 8, 1988 and recorded February 19, 1988 as Document Number 88R-4549, under Mortgage dated October 28, 1988 and recorded November 15, 1988 as Document Number 88R-36939 and under Mortgage dated October 28, 1988 and recorded November 15, 1988 as Document Number 88R-36940, hereby consents to the execution and recording of the within Declaration of' Protective Covenants for Glenmoor and agrees that the aforesaid Mortgages are subject to the provisions thereof. IN WITNESS WHEREOF, Bank of Buffalo Grove has caused this instrument to be signed by its duly authorized officers on its behalf on this 20th day of January, 1989. Bank of Buffalo Grove Original page 25
STATE OF ILLINOIS
COUNTY OF COOK I, [Lorraine J. Mesch], a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that [Norma Malisani] Vice President of Bank of BufFalo Grove and [Hidegard Schubert] Secretary thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their" own free and voluntary act, and as the free and voluntary act of said bank, for the uses and purposes therein set forth, and said Secretary did also then and there acknowledge that he as custodian of the corporate seal of said bank did affix the corporate seal of said bank as his own free and voluntary act, and as the free and voluntary act of said bank for the uses and purposes therein set forth. Given under my hand and notarial seal this 20th day of January, 1989. My Commission Expires: 11-17-91 Original page 26Also That part of the Northeast Quarter of Section 35, Township 43 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Northeast Corner of said Section 35 and running thence South on the East line thereof, a distance of 455 feet to a point; thence West on a line parallel with the North line of said Section 35, a distance of 590.5 feet to a point; thence North on a line parallel with the East line of said Section 35, a distance of.455 feet to an intersection with the North line of said Section 35; thence East on the last described line, a distance of 590.5 feet to the place of beginning, in McHenry County, Illinois. Also That part of the Northeast Quarter (1/4) of Section 35, Township 43 North, Range 8, and the Southeast Quarter (1/4) of Section 26, Township 43 North, Range 8. East of the Third Principal Meridian, more particularly described as follows: The Westerly 26 feet of the Easterly 1207 feet of the Northerly 505 feet in said Northeast Quarter of Section 35, in McHenry County, Illinois. Also That part of the Northeast Quarter of Section 35, Township 43 North, Range 8 East of the Third Principal Meridian, described as follows:, Beginning at a point on the East line of said Section 35, that is 910 feet South from the Northeast corner of Section 35, aforesaid; thence South on a continuation of the last described line, a distance of 455 feet to a point; thence West on a line parallel with the North line of said Section 35, a distance of 590.5 feet to a point; thence North on a line parallel with the East line of said Section 35, a distance of 455 feet to a point; thence East on a line parallel with the North line of said Section 35, a distance of 590.5 feet to the place of beginning and containing 6.168 acres of land, more or less, in McHenry County, Illinois. Also That part of the Northeast Quarter of Section 35, Township 43 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the North line of said Section 35 at a point 590.5 feet West of the Northeast Corner thereof and running thence West on a continuation of the last described line, a distance of 590.5 feet to a point; thence South on a line parallel with the East line of Section 35 aforesaid, a distance of 455 feet to a point; thence East on a line parallel with the North line of said Section 35, a distance of 590.5 feet to a point; thence North on a line parallel with the East line of said Section 35, a distance of 455 feet to the place of beginning, in McHenry County, Illinois. Original page 27
EXHIBIT A
Legal Description THAT PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 43 NORTH, RANGE. 8, EAST OF THE. THIRD PRINCIPAL, MERIDIAN, DESCRIBED. AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID NORTHEAST 1/4 AT A POINT, 1365.00 FEET SOUTH (AS MEASURED ALONG SAID EAST LINE) OF THE NORTH LINE OF SAID NORTHEAST 1/4; THENCE SOUTH 0o-23'-26" EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 1261.98 FEET, TO THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE SOUTH 89o-25'-35'' WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 733.00 FEET; THENCE NORTH 28o -02' -56" WEST, A DISTANCE OF 689.41 FEET, TO A POINT OF CURVE OF A CURVED LINE CONVEXED SOUTHWESTERLY AND HAVING. A RADIUS OF 1120.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVED LINE, A DISTANCE OF 540.66 FEET, TO A POINT OF TANGENCY ON THE WEST LINE OF THE EAST 1181.00 FEET (AS MEASURED ON THE NORTH LINE THEREOF) OF SAID NORTHEAST 1/4; THENCE NORTH 0o-23'-26" EAST ALONG SAID TANGENT LINE 134.93 FEET TO THE SOUTH LINE OF THE NORTH 1365.00 FEET (AS MEASURED ON THE EAST LINE THEREOF) OF SAID NORTHEAST 1/4; THENCE NORTH 89o-39'-54" EAST ALONG SAID SOUTH LINE 1181.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. A PORTION OF WHICH PROPERTY IS ALSO KNOWN AS: LOTS 8, 9, 10, 11, 12, 13, 42 AND 43 IN BLOCK 11 AND LOTS 2, 3, 4, 5 AND 6 IN BLOCK 12 IN GLENMOOR UNIT II, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINQIS. Original page 28
EXHIBIT B
Legal Description of Real Estate Owned By "Neighboring Owners" PARCEL 1: That part of the Northeast Quarter of Section 35, Township 43 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at a point on the East line of said Section 35, that is 1365 feet South of the Northeast corner of Section 35 aforesaid; thence West on a line parallel with the North line of said Section 35, a distance of 590.5 feet to a point for a place of beginning; thence West on a continuation of the last described line a distance of 590.5 feet to a point; thence North. on a line parallel with the East line of said Section 15, a distance of 455 feet to a point; thence East on a line parallel with the North line of said Section 35, a distance of 590.5 feet to a point thence South on a line parallel with the East line of said Section 35, a distance of 455 feet to the place of beginning, in McHenry County, Illinois. Also PARCEL 2: Easement for the benefit of Parcel 1 as created by Deed from Benedictine Chinese Missions, to George M. Stetsuk, et al., dated December 3, 1963 and recorded January 14, 1964 as Document No. 424118, for driveway over that part of the Northeast Quarter of Section 35, Township 43 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at a point on the East line of said Section 35 that is 1365 feet South from the Northeast corner of Section 35, aforesaid; and running thence South on a continuation of the last described line, a distance of 16 feet to a point; thence West on a line parallel with the North line of said Section 35, a distance of 640.5 feet to a point; thence North on a line parallel with the East line of said Section 35, a distance of 16 feet to a point; thence East on a line parallel with the North line of said Section 35, a distance of 640.5 feet to the place of beginning, in McHenry County, Illinois. Also That part of the Northeast Quarter (1/4) of Section 35, Township 43 North, Range 8 and the Southeast Quarter (1/4) of Section 26, Township 43 North, Range 8, East of the Third Principal Meridian, more particularly described as follows: The Southerly 26 feet of the Easterly 640.50 feet of the Northerly 1391 feet in said Northeast Quarter of Section 35, in McHenry County, Illinois. Original page 29 |
