Ordinance 2010-22 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL
ICSEBB l E
011 9.._E-p' T 1r
KENDALL COUNTY, IL
RECORDED: 9/7/2012 11:41 AN
ORDI: 103.00 RHSPS FEE: 10.00
PAUES: 58
Ordinance No. 2010-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE FIRST AMENDMENT TO THE AMENDED ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, the City and Crestview Builders, Inc., an Illinois corporation (the "Owners"), as
successors to McCue Builders, Inc., an Illinois corporation, desire to amend an Amended Annexation
Agreement and Planned Unit Development Agreement, to clarify the obligations of the Owners and to
ensure completion of the development of Blackberry Woods in accordance with all applicable City
requirements, thereby increasing the taxable value of the real property within its corporate limits and to
enhance and promote the general welfare of the people of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The attached First Amendment to the Amended Annexation Agreement and Planned
Unit Development is hereby approved, and, the Mayor and City Clerk are hereby authorized and
directed to execute and deliver same.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
CITY CL
ROBYN SUTCLIFF DIANE TEELING ��
GARY GOLINSKI ARDEN JOSEPH PLOCHER Y\
WALTER WERDERICH � MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR. _
Approved b me as Mayor of the United City of Yorkville Kendall Co llinois, this
pp Y � Y Y � Y�
day of 2010.
MAYOR
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
2
STATE OF ILLINOIS 22'4:1�3 I �2- (;;10 0 1. -4 C�0 0
)SS E
:
COUNTY OF KENDALL CL.L-.E-- "T
RECORDED: 8/7/'r 012 10:30 AM
AMDL: 101.00 RHSPS FEE: 10.00
PAGES: 56
THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
First Amendment to the
Amended Annexation Agreement and
Planned Unit Development Agreement
(Blackberry Woods Subdivision)
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
FIRST AMENDMENT TO THE
AMENDED ANNEXATION AGREEMENT AND PLANNED
UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
This First Amendment to the Amended Annexation Agreement and Planned Unit
Development Agreement (the "First Amendment") as to the real e;Wof tified and legally
described on Exhibit A attached hereto is made and entered as of the June, 2010,by
and between Crestview Builders, Inc., an Illinois corporation ("Owners") as successors to
McCue Builders, Inc., an Illinois corporation (the "Prior Owners'') and the United City of
Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") by and
through its Mayor and City Council (the "Corporate Authorities").
RECITALS:
A. Owners are the owners of record of certain parcels of real estate legally described
on Exhibit A (hereinafter referred to as "Subject Property'').
B. The Prior Owners annexed the Subject Property to the City pursuant to an
Annexation Agreement dated July 12, 2005 and recorded with the Recorder of Kendall County
on May 18, 2006, as Document No. 200600015095 (the "Original Agreement"), for the purpose
of developing a residential planned unit development (PUD) known as Blackberry Woods and
thereafter entered into an Amendment to said Annexation Agreement on December 18, 2007 (the
"Amendment") with the City and recorded with the Recorder of Kendall County on February 28,
2008, as Document No. 200800005143, which detailed the requirements for the development of
the Subject Property and the rezoning of the Subject Property pursuant to a Preliminary PUD
Plan as attached to the Amendments.
I
C. For numerous reasons including the economic downturn of the region, the Prior
Owners were unable to complete the development of Blackberry Woods and the Owners have
acquired all unimproved lots included in the original Preliminary PUD Plan for Blackberry
Woods and desire to complete its development in accordance with this approved Preliminary
PUD Plat as attached to said Amendment.
D. In order to proceed, the Owners have petitioned the City for certain amendments
to the Amendment pertaining to fees and security as hereinafter set forth to clarify the
obligations of the Owners to assure completion of the development of Blackberry Woods in
accordance with all applicable City requirements.
E. The City and Owners have given all appropriate notices due to be given pursuant
to applicable provisions of the Illinois Municipal Code and the City's Code.
F. The Corporate Authorities, after due and careful consideration, have concluded
that this First Amendment to the Amendment of Annexation Agreement and Planned Unit
Development Agreement will inure to the benefit of the City in that it will result in the
completion of the development of Blackberry Woods thereby increasing the taxable value of the
real property within its corporate limits and enhance and promote the general welfare of the
people of the City.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
covenants and agreements contained herein, the sufficiency of which is hereby acknowledged,
and the parties hereto agree to the following terms and conditions:
Section 1. Notwithstanding the terms and conditions as set forth in the Amendment or
the Original Agreement and the terms and provision of the City Code, the Owner shall provide
1)
the City with a letter of credit equal to 110% of the original Engineer's Estimate of Cost
previously submitted and approved by the United City of Yorkville for all unaccepted land
improvements. The letter of credit shall be reduced upon completion and acceptance of each
category of improvement or infrastructure to 100% of the cost of the completed improvements,
leaving the original 10% excess of the amount of those improvements as the warranty for a one
year period which shall be released after one year following acceptance so long as no repairs or
replacement are needed (the "Warranty Period"). The Owners covenant and agree to remain
responsible for maintenance and replacement, if necessary, of any surface structure constructed
within the Blackberry Woods development until the expiration of the Warranty Period for the
last category of public infrastructure accepted by the City. For purposes of this First Amendment
"surface structure" shall mean any part of any public infrastructure that exists above or extends
to the ground surface, thereby making it vulnerable to damage from subsequent structure or
maintenance activities. For purposes of the agreement, the following shall each constitute a
category of improvement or infrastructure: earthwork, erosion control, water main, sanitary
sewer, storm sewer, paving, lighting, common area landscaping and common area sidewalks.
Section 2. The Applicant for a building permit for each respective residential unit in said
subdivision shall provide a Letter of Credit or Cash Bond in the amount of$7,000 for any comer
lot and$3,500.00 for any subdivided lot other than a corner lot to the City for the installation and
any repair work of public sidewalk, parkway trees and parkway landscaping that may occur and
can not be installed prior to issuance of final occupancy permit due to weather conditions, or
other reason. City agrees to approve in its final inspection prior to issuance of a final occupancy
pen-nit for any individual residential unit, an inspection and issue to the applicant for a building
3
permit notice to complete public sidewalks, parkway trees, or repair damage to any public
improvement immediately adjacent and contiguous to the residential building for which a final
occupancy permit is sought.
Section 3. The Owners agree to postpone the development of that portion of the approved Final
Plat of subdivision located generally west of the terminus of North Carly Circle, Purcell Street
and South Carly Circle, as depicted in a map attached hereto and incorporated herein as Exhibit
"A", which also contains Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 79, 80, 81, 82, 83, 84, 85, 86,
87, 88, 89, 90,91, 105, 106, 107 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120,
121, 122, 123 and 124 within the Blackberry Woods Subdivision. The City agrees that no letter
of credit shall be posted for public improvements within said area until the initiation of the first
application for building permit within said area, notwithstanding all existing public
improvements "in-ground" shall retain its letter of credit in full. No building permit will be
issued by the City for lots in said area until a letter of credit is posted for all remaining public
improvements in said area and as defined within this agreement. Upon receipt of the letter of
credit by the United City of Yorkville, the Owner shall be provided with a written notice to
proceed with development from the Public Works Department of the United City of Yorkville
within thirty (30) days. The Owners also agrees to dedicate a public utility and drainage
easement of a width and location requested by the City within thirty (30)days of such request.
Section 4. The City agrees not to increase any of the fees above the amount as itemized
on Exhibit F to the Amendment pertaining to the Subject Property, other than costs listed for
water meters, until December 18, 2018, upon payment of the municipal building fee of$150.00
4
per lot within thirty (30) days of recordation of a deed conveying the real estate comprising
Blackberry Woods to the Owners.
Section S. The City agrees to waive the Transportation Infrastructure Fee on the
condition that the Owners patch to the satisfaction of the Public Works Director, mill the entire
area of the roadway to a 1.5" depth, and repave to 1.5" Cannonball Trail from the end of the
Kendall Marketplace resurfacing project near John Street south to the northeast corner of the
Blackberry Woods development, which also includes the cleaning and sealing the edge of
pavement with rubberized asphalt cement hot-poured joint sealer and thermoplastic pavement
striping, as part of the Cannonball Trail offsite improvements.
Section b. The City agrees to waive the requirement to establish a homeowner
association for the maintenance of private property and exterior improvements and landscaping
in the portion of the Development zoned as an R-4 Residential District. Section 20 of the
Original Agreement is amended by affirmatively stating that the Developer shall contribute to
the annual association payments for each property within its control and at the same dollar
amount required by the homeowners within the development until such property is sold to an
unrelated party.
Section 7. That notwithstanding any provision in the Original Agreement, the
Amendment, this First Amendment or the City Code, the provisions of the International Building
Code as in effect as of the date of the execution of this First Amendment shall be the only
building code to be applied to all structures constructed within Blackberry Woods development
until December 18, 2020. Owner/Developer and City agree that the requirement of individual
residential units to be sprinkled on their interior is not contained within the current International
5
Building Code in effect at the date of execution of this Agreement by the City, and if for any
reason the City retro-actively approves the sprinkling requirement in residential units it shall
exempt Blackberry Woods Development from that requirement.
Section 8. All fees as imposed pursuant to the Amendment, other than the Transportation
Infrastructure Fee, and the municipal building fee as hereinabove provided, shall be paid at the
time of the application for a building permit by the Applicant for each respective building permit
in the amount as agreed in paragraph 4 above.
Section: 9. DETENTION PONDS — The Owner/Developer and the City agree that the
development of the storm water management basins eradicate the invasive cattails existing in the
basin bottom, and provide the plant materials and continued management of the basin
landscaping to establish native species for a period of five(5) years. The final storm water basin
landscape treatment and project scope shall be generally pursuant to the project proposal
submitted to the City as prepared by CEMCON, Ltd., dated May 7, 2010. The Developer shall
deposit with the City an irrevocable letter of credit at twenty percent (20%) for the substantially
completed improvements as deemed by the City Engineer and at one-hundred and twenty percent
(120%) for the uncompleted improvements to guarantee the development and maintenance of the
storm water basin identified as Lot 135 on the Final Plat of Subdivision be included within the
first phase of development. The City shall consider all landscaping below the high water level
(HWL) of the basin as an uncompleted improvement.
Section 10. Developer agrees to provide and attach hereto a copy of said covenants and
Proof of recordation with the Office of the Recorder of Deeds, Kendall County within thirty (30)
days of the closing of the property and at the Developer's expense.
6
Section 11. The City shall collect the lump sum payment of $75,000 for the required
initial 50% contribution for park donation prior to the execution of this amended annexation
agreement.
Section 12. To the extent all other terms, conditions and agreements as set forth in the
Agreement and the Amendment are not in conflict herewith, such terms, conditions and
agreements are hereby affirmed.
7
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Amended Annexation Agreement and Planned Unit Development Agreement (Blackberry
Woods Subdivision) to be executed by their duly authorized officers on the above date at
Yorkville, Illinois.
United City of Yorkville, an Illinois
municipal corporation
By:
Mayo 0
.fittest:
Ptj y City Clerk
Crestview Builders, Inc., an Illinois
corporation
By: �
resident
Attest:
Secretary 'y
8
EXHIBIT'A'
PARCEL 1 DESCRIPTION;
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS.COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255;THENCE
NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY),2148.14 FEET ALONG THE EAST LINE OF CONOVER'S
PROPERTY PER ALTAlACSM LAND TITLE SURVEY PREPARED BY RS&ASSOCIATES
DATED 11-3-05(DING#:2005-92850-002D)TO THE POINT OF BEGINNING;THENCE
CONTINUING NORTHERLY,502.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 314
INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RB&
ASSOCIATES PER THE AFOREMENTIONED SURVEY;THENCE NORTH-01 DEGREES 18
MINUTES 22 SECONDS WEST,739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707);THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST,
2056.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON
RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE;
THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST,521.27 FEET ALONG SAID
FENCE LINE;THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST,170.51 FEET
ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS
WEST,427.66 FEET ALONG SAID FENCE LINE;THENCE SOUTH 20 DEGREES 12 MINUTES
46 SECONDS WEST, 102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE
EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION;THENCE SOUTH 86
DEGREES 04 MINUTES 25 SECONDS EAST,99.32 FEET ALONG SAID EXTENDED SOUTH
LINE TO THE CENTER LINE OF BLACKBERRY CREEK;THENCE SOUTH 30 DEGREES 04
MINUTES 31 SECONDS WEST,48.00 FEET ALONG SAID CENTER LINE;THENCE SOUTH 09
DEGREES 24 MINUTES 52 SECONDS WEST,15.30 FEET ALONG SAID CENTER LINE;
THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2054.73 FEET TO THE
POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS.
PARCEL 2 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255;THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY),3389:57 FEET ALONG THE WEST LINE OF THE SAID
SECTION PER PLAT OF SURVEY PREPARED BY JAMES M.OLSON ASSOCIATES,LTD.,
DATED 8-1046(NO.5512-A)TO THE POINT OF BEGINNING AT THE FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707);THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST,2.19
FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVER'S PROPERTY PER
ALTAIACSM LAND TITLE SURVEY PREPARED BY RS&ASSOCIATES DATED 11-3-05
(DWG#:2005-12650-002D) ;THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS
EAST,739.40 FEET ALONG SAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE
POINT IN SAID EAST LINE AS ESTABLISHED BY RBI &ASSOCIATES PERTHE
AFOREMENTIONED SURVEY;THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS
EAST,502.04 FEET ALONG;SAID EAST LINE TO A POINT THAT IS 2148.14 FEET
NORTHERLY(AS MEASURED ALONG SAID EAST LINE)OF THE SOUTHWEST CORNER OF
SECTION 29,AFORESAID;THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST,
2.48 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,
ILLINOIS.
I
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119
I 118
I 117
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132
20/2
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58 AA �•�
59 1 60 61 1 62 63 64 ' 65 66
67 47
68 46
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I 107 105 100 / 33 32 i
106 104 103 . 101 100 35
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EXHIBIT „A„ Blackberry Woods Status - May 2010
•i/rr.romM/�/•r•r O•r•mwF11v/•neM e.nyo
121
120
122
123
124
125
126
127
128
129
119
I 118
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20/2
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58 AA �•�
59 1 60 61 1 62 63 64 ' 65 66
67 47
68 46
- ----------- ----
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114 86 \\ 71
77 43 ;<' 24
113 87 72 ,'� / \'�
25
112 88 75 73 �' \
42
26
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110 90 39
38 40 28
109 91 92 93 94 95 96 97 98 /I `
I / 37
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I 107 105 100 / 33 32 i
106 104 103 . 101 100 35
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30
EXHIBIT „A„ Blackberry Woods Status - May 2010
•i/rr.romM/�/•r•r O•r•mwF11v/•neM e.nyo
CE�TCOX , LTD.
CONSULTING ENGINEERS,LAND SURVEYORS&PLANNERS
Blackberry Woods Subdivision
Job Number 455.065
Proposed Landscaping Improvements for the existing 5tormwater Management Facilities
The Landscaping Improvements related to the Stormwater Management Facilities will include
replanting of the areas along the side slopes from the toe of slope of the impoundment to the top of
the embankment up to a minimum elevation of the design high water elevation of the stormwater
management facility. The seed mix will be a Lo Pro Wet Mesc Praire with )=lowers Seed Mix as
indicated below',
Lo Pro Wet MesicPrairie with Flowers Mix Leensiti oryzoides Race Cut Grass 0:037
Genesis Nursery,1ne.Tampico IL Liatris pycnostachya Prairie,Blazingstar 0.313
Illinois Permit#3669 Liatris spicata$Pike.Blazingsw OJ 88
PLE where applicable dbeha siphilitica Blue Lobelia 0.031
A shore grass.sedge,rush,and forb mix for rich moist soils with a Mimulps bzge=Monkey Flower 0.031
tow taUer.forbsfor Vertical accents. Best diversity dormant acedtd, Monarda.fisurlosa Bergamor O.Ci i 5
Species lb/= Pald°"rn virganm Switch Glass 0.031
Andropogonscoparius(Schizachyrium s3LitileBluestem 2.ODD P �turu rnnttgnfolium Wild Quinine 0.12-5
Asdepias Species Milkweed 0125 Petalo.sternuno purpureum(D81ea p,)Purple Prziric Clover 0.250
Asterlaevis(,Symphyctdchum laeve)Smooth Blue Aster 0,063 Physostegia virginlanaFelse Dragonhead 0.063
Aster novae-ang7iae(Sytupbyotdah*rt.)',New England 0 Obi Poppaiustris Mmsfi 13iut Grass 0.063
Aster Pyoganthemnm virginicum Common Mt.Mini 0-063
Calamagrostis canadensis.Alue'Ivint Grass 0,031, Ratibida puuoata'7'elb v Coneilower 0.250
Carex annectensxanthwarpa Ydow'Sedge 0,063 Rydbecida hirta 130acl-eyed Susan G250
Carex Dtbbli Stbb's Sedge -0.25D Seirpus ntrovrrerrs Dario Green Mush 0.500
Caret bioknallii'Bicknelt's Sedge 0.123 Silpblum laciniatum Compass Plant 0.188
S4hiumperioliatum Cur Plant 0_125
Carexmoltsta FeadOval Stdge 3.250 So)id, o.xi
Carer normalis Ntainal-Sedge OL63 a.S u(01i$unwron r,)Riddell s Goldenrod 0,125
Carer scopnris Broom Sedge
SoHiingo rlgida(plir
'0300 nneutpn r�StiffCro)denrod 0.125
Sprflrpna pectinata Qordt:sss
Carer vulpigaidea l~oa Sedge x;230 6250
Cassia fascicularA P,atuidge Pea Sp-obo�sheterolepis Dropseed Os00
D.I$8 Ytthana hastata Blue%vain
Plymus canadensis Canadian Wild Rye 1-0D0 Vernoniafaseicirlata C U.SOU
£1 mus v' ortrmon Ironwwd 0.063
3 irginicus Virginia'V62,Rye J.D00 Vcronivastrurn virginicum Calyces Physic
Lupatorium perfoliatum B oneset 0.015 0.031
Glyceda strista-Fowl'Manus Grass TAzra tares Golden Alexander 0.12)
0.063 V111909
iJypericum pyramidaMTl Great St,Johftwon. 0.12-5 total
Iris virgink;s chrMr3B1UcV1ag ME 0125 10.596
?uncus tenuia.PathRvsh A�87�tm� 70596
0 031 yn itern&sVblect to availability. Mix composition maV vary
7uncas torreyi Torrey's Rush 0.031 seasonally.
All non-native plants will be selectively sprayed with a.herbicide to eradicate undesirable plant
materials. A monitoring and maintenance program will be conducted by a qualified Wetland
Consultant on an annual basis for a period of five years. During this period, selective spraying and
replanting will be conducted as necessary to establish proper growth.
2280 White Oak Circle,State 100 • Aurora,Illinois 60502-9675
Phone:630.862.2100 Fax:630.862.2199 Website:www.cemcon.com
STATE OF ILLINOIS )
20100001 &125
COUNTY OF KENDALL ) D E 1Le B I E
C31 ELET—rE
KENDALL COUNTY, IL
RECORDED: 7/14/2618 3:26 PM
DEC: 83.08 RHSPS FEE: 18.68
PAGES: 44
DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS
Blackberry Woods
United City of Yorkville, County of Kendall County,
State of Illinois
An Assignment of all rights of enforcement as Declarant
under said Declaration of Covenants, Restrictions, and
Easements of Record to Crestview Builders Inc. or its
Assignee
Prepared by:
Law Offices of Daniel J.Kramer
1107A S.Bridge Street
Yorkville,IL 60560
1
s F
TABLE OF CONTENTS
Paragraph and Title Page
ARTICLE I
DEFINITIONS............................................................................................................................ 5
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION................................................................................ 7
ARTICLE III
CREATION OF ASSOCIATION,ADMINISTRATION,MEMBERSHIP AND VOTING RIGHTS....................... 8
1. Association................................................................................................................ 8
2. Association Membership................................................................................................ 9
3. Association Responsibilities............................................................................................. 9
4. By-Laws................................................................................................................... 9
5. Voting Rights. ............................................................................................................ 9
6. Meetings. .................................................................................................................. 10
7. Board of Directors. ...................................................................................................... 11
8. Powers and Duties of the Board of Directors........................................................................ 12
9. Indemnity of Board of Directors....................................................................................... 13
10.Board's Determination Binding........................................................................................ 14
ARTICLE IV
ASSESSMENTS........................................................................................................................... 14
1. Lien and Personal Obligation of Assessments......................................................................... 14
2. Purpose of Assessments................................................................................................... 14
3. Amount of Annual Assessment.......................................................................................... 15
4. Special Assessments for Extraordinary Items......................................................................... 15
5. Quorum for any Action Required Under Sections 3 and 4.......................................................... 15
6. Date of Assessment....................................................................................................... 16
7. Initial Assessment Reserve.............................................................................................. 16
8. Effect of Nonpayment of Assessment,Remedies of Association................................................... 16
9. Subordination of the Lien to Certain Encumbrances................................................................. 16
ARTICLE V
EASEMENTS........................................................:.....................................................................17
1. Public Utility,Drainage and Storm Water Retention Easements................................................... 17
2. Easement to Run with the Land......................................................................................... 17
3. Ingress and Egress Access Easement.................................................................................... 17
ARTICLE VI
MAINTENANCE COVENANTS.......................................................................................................17
1. Landscape Maintenance................................................................................................... 17
2. Lot Landscaping........................................................................................................... 17
3. Maintenance of Subject Property....................................................................................... 18
4. Right of Entry....................................................................... ............... 18
......................
5. Stormwater Management Facilities.................................................................................... 18
ARTICLE VII
USERESTRICTIONS.....................................................................................................................18
1. Land Use and Building Type............................................................................................ 18
2. Minimum Square Footage of Dwelling Units.......................................................................... 19
3. Dwelling Quality and Size............................................................................................... 19
4. Vehicl es..................................................................................................................... 19
5. Signs........................................................................................................................ 19
6. Animals..................................................................................................................... 20
7. Antennae and Satellite Dishes..................................................................................:........20
8. Swimming Pools.......................................................................................................... 20
9. Dwelling Unit Exteriors.................................................................................................. 20
10.Sodding of Yards......................................................................................................... 20
11.Lot Grading............................................................................................................... 20
12.Construction Materials.................................................................................................. 20
13.Accessory Structures.................................................................................................... 21
14.Compliance with Applicable Law..................................................................................... 21
15.Driveways................................................................................................................. 21
16.Fences...................................................................................................................... 21
17. Real Estate Taxes......................................................................................................... 22
2
a a
i t
18.Restriction Applicable.................................................................................................. 22
19.Owner Responsibility................................................................................................... 22
20.Casualty Insurance...................................................................................................... 22
21.Exterior Lighting........................................................................................................ 23
22.Parkway Trees........................................................................................................... 23
23.Damage to Public Streets,Curbs,Sidewalks and other Subdivision Improvements........................... 23
24.Rubbish and Trash....................................................................................................... 23
25.Clothes Drying............................................................................................................ 23
26.Adverse Impact............................................................................................................ 23
27.Model Homes.............................................................................................................. 23
28.Mailboxes.................................................................................................................. 24
ARTICLE VIII
ARCHITECTURALCONTROLS......................................................................................................24
1. Plan Approval..............................................................................................................24
2. Assignment of Authority................................................................................................. 26
3. Developer Exemption.................................................................................................... 27
ARTICLE IX
DECLARANT'S RIGHTS RESERVED............................................................................................... 27
1. Easements.................................................................................................................. 27
2. Construction and Sales Facilities....................................................................................... 27
3. Exceptions..................................................................................................................27
4. General Authority.........................................................................................................28
5. Assignment ofDeclarant's Rights.......................................................................................28
6. Declarant's Agent......................................................................................................... 28
7. Special Amendments..................................................................................................... 28
ARTICLE X
GENERALPROVISIONS................................................................................................................ 29
1. Duration,Perpetuities and Other Rules of Property..................................................................29
2. Amendment............................................................................................................... 29
3. Severability................................................................................................................ 30
4. Headings Not Controlling................................................................................................ 30
5. Rights and Obligations................................................................................................... 30
6. Liberal Construction......................................................................................................30
7. Remedies for Breach of Covenants,Restrictions and Regulations.................................................30
8. Limited Application...................................................................................................... 31
9. Conflict.....................................................................................................................31
10.Recitals and Exhibits......................................................................................................31
11.Annexation Agreement Restrictions....................................................................................31
12.Title in Land Trust.........................................................................................................31
EXHIBIT"A"
LEGALDESCRIPTION..................................................................................................................34
3
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
OF BLACKBERRY WOODS SUBDIVISION
YORKVILLE, KENDALL COUNTY, ILLINOIS
THIS DECLARATION is made this_day of , 2009, by MCCUE
BUILDERS, INC, an Illinois Corporation, (hereinafter referred to as "Declarant".), and ratified
and reconfirmed by CASTLE BANK N.A. as OWNER and DECLARANT as of June 30, 2009.
WITNESSETH
WHEREAS, Declarant, MCCUE BUILDERS, INC., an Illinois Corporation, was the
original owner and developer the real property governed by these Covenants and CASTLE
BANK N.A. now joins in the recording of these Covenants as OWNER and DECLARANT and
for purposes thereof the term"DECLARANT" shall be deemed to be either of said parties for the
respective periods of time that they were the owners of fee simple title to the real estate legally
described in Exhibit "A"attached hereto and made a part hereof(hereinafter sometimes referred
to as the"Subject Property"); and
WHEREAS, the Subject Property consists of single family residential lots and
stormwater management easements located within the corporate limits of the City of Yorkville,
Illinois, all of which lots are included hereunder and are made subject to this Declaration; and
WHEREAS, Declarant desires to provide for the care and maintenance of certain
Landscape Areas within the subdivision and for the implementation and enforcement of the
various covenants and restrictions as are set forth in this Declaration, through the creation of an
incorporated association; and
WHEREAS, Declarant further desires to impress all of the lots in the Subject Property
with the restrictions, covenants, and easements set forth in this Declaration through the
recordation of this instrument against the Subject Property in the Office of the Recorder of Deeds
of Kendall County, Illinois; and
WHEREAS, Declarant desires and intends that the several owners,mortgagees,
occupants and other persons acquiring any interest in the Subject Property, or in any Lot or
portion of a Lot therein, shall at all times hold their interests subject to the rights, priorities,
easements, covenants, conditions, restrictions, liens and charges hereinafter set forth, all of
which are declared to be in furtherance of a plan to promote and protect the attributes of the
Subject Property for the use and enjoyment of the Residents and Owners thereof.
NOW THEREFORE, Declarant declares that the Subject Property, as hereinafter defined,
is and shall be held, transferred, sold, conveyed and occupies subject to the following covenants,
restrictions, easements, charges and liens (hereinafter referred to as "Covenants").
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ARTICLE I
DEFINITIONS
The following words when used in this Declaration shall have the following meanings:
(a) ASSOCIATION: The Homeowner's Association for BLACKBERRY WOODS
SUBDIVISION, an Illinois not for profit corporation created and incorporated by
the Declarant, or such other name as may be selected by the Declarant. A
Homeowners' Association shall be set up with full powers to assess costs, fees,
and dues as provided therein under the name"BLACKBERRY WOODS
HOMEOWNERS' ASSOCIATION", which shall encompass all dwelling units
within the Subdivision being developed therein.
The term shall also refer to any successor organization.
(b) BASEMENT: A portion of a Dwelling Unit in which not less that one-half of its
floor to clear ceiling height is below the average grade of the adjoining ground at
the front elevation.
(c) BUILDING: Any roofed structure intended for shelter,housing, or enclosure of
any person, animal or chattel.
(d) CITY: The United City of Yorkville, Illinois, a Municipal Corporation.
(e) COMMON AREAS AND BERMS: Outlot 133, 134 and Outlot 135
appurtenances attached thereto including fencing, signage, lighting retaining walls
and other improvements.
(f) COUNTY: The County of Kendall, State of Illinois or any political entity which
may from time to time be empowered to perform the functions or exercise the
powers vested in the County as of the recording of this Declaration.
(g) DECLARANT: McCue Builders, Inc., and Illinois Corporation, or its nominee.
(h) SINGLE FAMILY BUILDING: Any Building within the Subject Property
consisting of a Dwelling Unit which is not joined by a Party Wall.
(i) DWELLING UNIT: That portion of a Single Family Building situated on a Lot
within the Subject Property and intended for the use and occupancy of a single
family for which an occupancy permit has been issued.
(j) FINAL PLAT: The final plat of subdivision recorded in the Office of the
Recorder of Deeds of Kendall County, Illinois on May 21, 2007, as document
number 200700016272, and a Certificate of Correction recorded in the Office of
the Recorder of Deeds of Kendall County, Illinois on July 20, 2007, as document
number 200700022266, and attached herein as Group Exhibit A.
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(k) GUEST: A person or persons having access to and/or the use of a Lot pursuant to
the invitation, consent or neglect of the Owner of said Lot.
(1) IMPROVEMENTS: The buildings, outbuildings,roads, driveways, pedestrian
walkways, car parking areas,parking areas, outdoor lighting, fences, screening
walls and barriers, retaining walls, stairs, decks, windbreaks, hedges, lawns, lakes,
sidewalks, planted trees and shrubs, plantings, poles, signs, loading areas, storage
areas, service yards, waste refuse disposal areas, and all other structures or
landscaping improvements of every type and kind.
(m) LANDSCAPE AREAS: Those areas of the Subject Property upon which
improvements, including but not limited to plantings of vegetation,have been
installed as approved and required by the Landscape Plan approved by the City.
The term shall also include those areas on each Lot which contain grass installed
by the builder of each Dwelling Unit as identified on the final grading plan
submitted and approved by the City for the issuance of a building permit for each
Dwelling Unit. The Association shall maintain a copy of each such final grading
plan identifying said component of the Landscape Areas.
(n) LIVING SPACE: The total interior square footage of a Dwelling Unit measured
on a horizontal plane for each story, calculated by using the outside dimensions of
such Dwelling Unit, exclusive of porches, garages, uninhabitable storage areas
and basements.
(o) LOT: A subdivided lot located within the Subject Property as established
pursuant to the Final Plat.
(p) LOT OWNERSHIP: Fee simple ownership of a Lot.
(q) OCCUPANT: A Person or Persons, other than an Owner, in possession of a
Dwelling Unit.
(r) OWNER: A Person or Persons whose estates or interests, individually or
collectively, at any time, constitute an aggregate fee simple ownership in a Lot.
The word"Owner" shall also mean and refer to Declarant as to any Lot
Ownership,where title is held by Declarant, or nominee or agent. The word
"Owner" shall not, however, notwithstanding any applicable provision of any
mortgage, mean or refer to a mortgagee or any other persons having interest in
any Lot Ownership merely as security for the performance of an obligation unless
and until such mortgagee or other holder of a security interest has acquired title
pursuant to foreclosure or by a deed in lieu of foreclosure. The word"Owner"
shall include heirs or devises of a record owner who is deceased.
(s) PERSON: A natural person, corporation, partnership, trustee or other legal entity
capable of holding legal title to the real estate.
6
(t) STORY: That portion of a building other than a basement included between a
floor and the top surface of the next floor or roof above, except that a space used
exclusively for the housing of mechanical services of the building shall not be
construed to be a story if access to such space may be had only for maintenance
and such services. Except as otherwise provided for herein, a mezzanine floor
shall be counted as a story when it covers more than one-third of the area of the
floor next below it, or if the vertical distance from the floor next below it to the
floor next above it is twenty four (24) feet or more.
(u) STRUCTURE: Anything constructed or erected on a Lot, the use of which
requires more or less permanent location on the ground or attached to something
having a permanent location on the ground.
(v) SUBJECT PROPERTY: The real estate described in Article II, being Blackberry
Woods Subdivision, Yorkville, Kendall County, IL
(w) SUBDIVISION: The real estate described in Article II, being Blackberry
Woods, Yorkville, Kendall County, Illinois.
(x) TURNOVER: The date on which control of the Association is transferred from
OWNER/DEVELOPER and title to Common Areas and Berms are transferred to
the Association as provided for herein.
(y) UNIT EXTERIOR: That portion of a Dwelling Unit consisting of the surfaces of
the exterior walls, roofs and components, including without limitation shutters,
window trim, siding,brickwork, gutters, facia, doors, roofing and other elements
thereof.
(z) VOTING MEMBERS: The Owner or person designated in writing to vote on
behalf of a Lot Ownership pursuant to Section 5 of Article III of this Declaration.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, and shall be held, transferred, sold,conveyed, and occupied
subject to this Declaration is located in the City of Yorkville, County of Kendall, State of Illinois
and is legally described as the property zoned R-2 Lots 1 —49 and Lots 99— 107, and R-4 Lots
50 through 98 and Lots 108 through 132, and all Common Areas and Berms and areas dedicated
for public use located within the Blackberry Woods Subdivision recorded or hereafter recorded
in the Office of the Recorder of Deeds of Kendall County, Illinois.
ARTICLE III
CREATION OF ASSOCIATION,ADMINISTRATION,
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. Association.
(a) Within three (3) years of the recording of the Final Plat of Subdivision with the
Kendall County Recorder of Deeds or the sale of seventy-five percent(75%) of
the recorded Lots,whichever comes last, the powers and the authorities of
Declarant as set forth throughout this Declaration, except as otherwise expressly
reserved unto Declarant hereunder or pursuant to an instrument of assignment
pertaining thereto, shall be vested in an association having the name "Blackberry
Woods HOMEOWNERS' ASSOCIATION, an Illinois Not for Profit
Corporation" or such other name chosen by Declarant and acceptable to the
Illinois Secretary of State, being an Illinois not for profit corporation formed by
Declarant for such purpose. Declarant shall have the right, at Declarant's sole
discretion, to establish the Association and assign all or any of Declarant's rights
and/or duties hereunder to the Association at any time following the recordation
of this Declaration. Until such time as the Association is created and turned over
to the Owners, all of the rights,powers and duties of the Association as set forth
herein shall remain vested in and.may be exercised by Declarant, including,but
not limited to, the power to establish a budget and collect assessments in the
manner and for the purposes set forth in the title IV of this declaration.
Notwithstanding anything in this Declaration or the By-Laws of the Association
to the contrary, the first and each subsequent Board of the Association shall
consist of, and vacancies on the Board shall be filled by, such persons as the
OWNBR/DEVELOPER shall from time to time appoint, who may but need not
be members of the Association, until the first to occur of any one of the following
events: (i) upon the sale of eighty(80%)percent of the total number of lots in
subdivision; or (ii)the OWNER/DEVELOPER,by written notice to the
Association, voluntarily elect to release its right to appoint all members of the
Board or the expiration of three(3) years from the date of recording these
Covenants. Without the prior written consent of the DEVELOPER, neither the
Articles of Incorporation of the Association nor its By-Laws shall be amended,
modified or changed to in any way diminish the authority of the board while the
DEVELOPER have the right to appoint any members of the board. The
Developer may, from time to time, by written notice to the Association, elect to
relinquish its right to appoint any one or more directors and continue to exercise
its right to appoint the remaining members of the Board for the period
hereinabove specified. All directors not appointed by DEVELOPER shall be
elected as hereinafter provided.
(b) Until a Lot is sold by DECLARANT, DECLARANT shall have no obligation to
pay assessments set forth by the Homeowner's Association or DECLARANT.
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(c) Upon the sale of each Lot within the subdivision, the Purchaser shall pay a Two
Hundred Dollar($200) deposit to the Homeowner's Association as an
Organization Fee, in addition to any annual assessments or assessments as levied
thereafter on a regular basis by the Homeowner's Association.
SECTION 2. Association Membership. Each Owner, with respect to each Lot
Ownership held by him, shall be a member of the Association so long as said Owner is the
Owner of a Lot. Ownership of a Lot shall be the sole qualification for membership. An Owner's
membership shall automatically terminate when he ceases to be an owner of a Lot. Upon the
conveyance or transfer of an Owner's Lot Ownership to a new Owner, the new Owner shall
automatically and simultaneously succeed to the former Owner's membership in the Association.
Such succession of interest shall not, however, relieve the former Owner of his obligation for any
assessments which were levied or became due while he was a Lot Owner under this Declaration
or any other liability incurred to the Association or Declarant during such Owner's Lot
Ownership.
SECTION 3. Association Responsibilities.
The Association, acting through membership or its Board of Directors, as the case may
be, shall have the responsibility of(a) enforcing and administering the terms of this
Declaration, (b) establishing and collecting assessments pursuant to a duly approved
budget (including necessary reserves), and arranging for the lawn mowing and trimming
for R-4 Lots 50 through 98 and Lots 108 through 132 in the event that any Owner of the
R-4 Lots elect to have said services provided by the Association, of the outlots 133, 134,
and 135, the common property and/or Landscape Areas to the extent that such
maintenance is not otherwise undertaken by the City or other governmental authority.
SECTION 4. By-Laws. The Association may adopt such By-Laws,not
inconsistent with the provisions of this Declaration, as are necessary to fulfill its functions.
Unless and until such By-Laws are adopted, this Declaration shall serve as the By-Laws of the
Association. The fiscal year of the Association shall be determined by the Association and may
be changed from time to time as the Association deems advisable. The Association shall not be
deemed to be conducting a business of any kind, and all funds received by the Association shall
be held and applied by it for the use and benefit of the Lot Owners in accordance with the
provisions of this Declaration.
SECTION 5. Voting Rights.
(a) Each Lot Ownership shall be entitled to one vote for each Lot owner by it. There
shall be one person with respect to each Lot Ownership who shall be entitled to
vote at any meeting of the Association ("Voting Member"). The Voting Member
may be the Owner or may be a person designated in writing by such owner to act
as proxy on his behalf and who need not be an Owner. Such designation shall be
made in writing by the Owner to the Board and shall be revocable at any time by
9
actual notice to the Board of the death or judicially declared incompetence of any
designator, or by written notice to the Board by the Owner. It shall be the
obligation of each Lot Owner to furnish the Board with the current mailing
address of the Owner and Voting Member for the purpose of receiving notice. In
any case where the Lot Ownership is vested in more than one person,the voting
member and the vote of such Owner shall be determined among such persons as
they may see fit, but not more than one (1) vote, and no fractional votes may be
cast on behalf of any Lot Ownership.
(b) During any period in which a Lot Owner shall be in default in any obligation
hereunder, including but not limited to the payment of any assessment, obligation
or special assessment levied by the Association, or required pursuant to this
Declaration, the voting rights of such Owner shall be suspended, and the
Association shall further have the right to suspend any or all services to such
Owner until such default is cured.
SECTION 6. Meetings.
(a) Location/Quorum. Meetings of the Voting Members shall be held at the Subject
Property, or at such other reasonable location in the City of Yorkville, Kendall
County, Illinois, as may be designated in any notice of a meeting. The presence
in person or by written proxy at any meeting of the Voting Members having at
least thirty percent (30%) of the total votes shall constitute a quorum. Unless
otherwise expressly provided herein, any action may be taken at any meeting of
the voting members at which a quorum is present upon the affirmative vote of a
majority of the Voting Members present at such meeting. All meetings of the
Voting Members shall be open to all Owners. Withdrawal of a Voting Member
from any meeting shall not cause failure of a duly constituted quorum at that
meeting.
(b) Annual Meeting. The initial meeting of the Voting Members shall be held upon
not less than seven(7) days written notice given by Declarant. Thereafter,there
shall be an annual meeting of the voting members at such reasonable time, date
and place as by written notice of the Board to the Voting Members not less than
thirty(30) days prior to the date fixed for such meeting.
(c) Special Meetings. Special meetings of the Voting Members may be called at any
time for the purpose of considering matters which, by the terms of this
Declaration require the approval of all or some of the Voting Members, or for any
other purpose. Such meetings shall be called by written notice authorized by a
majority of the Board or by the Voting Members having one-third (1/3) of the
total votes and delivered not less than seven (7) calendar days prior to the date of
the meeting, or such longer period as may be specifically required by this
Declaration. The notices shall specify the date, time and place of the meetings
and the matters to be considered.
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(d) Notices of Meetings. Notices of meetings required to be given herein shall be
delivered either personally or by mail to the Voting Members, addressed to each
such person at the address given to the Board for the purpose of service of such
notice, or to the Owner at the address of the tax assessee of record for such Lot,if
no other address has been given to the Board. Notice shall be effective the day of
personal service, or two days after being properly deposited with the United
States mail system.
SECTION 7. Board of Directors.
(a) At the initial meeting of the Voting Members, a Board of Directors consisting of
three (3) Lot Owners shall be elected by a majority of the Voting Members in
attendance at such meeting, in person or by written proxy. The three individuals
shall serve a term of two (2) years and until their successors are elected and
qualified. At each annual meeting thereafter, each Board Member whose term has
expired or for which a vacancy exists shall be elected for a term of two (2) years.
Board Members shall serve the Association without compensation. For purposes
of incorporating the Association, Declarant may select an initial Board of
Directors consisting of persons who may or may not be Lot Owners, to serve in
such capacity until the initial meeting of the Voting Members and the election of a
Board of Directors at said meeting.
(b) The Board shall elect from among its members a President who shall preside over
both its meetings and those of the voting members and who shall be the chief
executive officer of the Board and the Association and a Secretary-Treasurer who
shall keep the minutes and records of the Board and the Association and perform
all the usual functions of a Secretary and a Treasurer.
(c) Vacancies in the Board of Directors caused by any reason shall be filled(for the
unexpired terms of said Board member's term)by a vote of the Voting Members
at a special meeting called for that purpose.
(d) At any meeting of the voting members duly called, any one or more of the Voting
Members of the Board of Directors may be removed with or without cause by a
two-thirds (2/3)majority of the Voting Members and a successor may then and
there be elected to fill the vacancy(for the unexpired term) thus created. Any such
member whose removal has been proposed shall be given an opportunity to be
heard at the meeting.
(e) Until the first Board of Directors is elected by the Voting Members pursuant to
this Section, Declarant shall have and exercise the powers and duties of the
Board.
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(fJ Except as otherwise expressly provided in this Declaration or in the By-Laws of
the Association, the Board shall act by the majority vote of its members at
meetings called from time to time as a majority of the Board may determine. The
majority of the Board shall constitute a quorum. No meetings may be held
without notice to all members of the Board which shall also set forth specifically
the business to be conducted. All Board meetings shall be open to the Lot
Owners and the Voting Members. Notwithstanding anything contained herein to
the contrary, any action authorized herein to be taken by the Board at a meeting
pursuant to notice may be taken by informal action consisting of a written
resolution signed by all the members of the Board and setting forth the action
taken or authorized and waiving notice of a meeting and agreeing to the use of the
informal procedure hereby authorized.
SECTION 8. Powers and Duties of the Board of Directors. The Board shall
have the powers and duties necessary for the administration of the affairs of the Association and
may do all acts and things as are not by this Declaration or the Association's By-Laws directed to
be exercised by the Lot Owners, including without limitation the following:
(a) To provide for lawn mowing for R-4 Lots 50 through 98 and Lots 108 through
132 in the event any Owner elects to have said service provided by the
Association and lawn maintenance and service with respect to Outlot 133, 134,
and Outlot 135 and Common Areas and Berms, including, without limitation: (i)
installation, maintenance,repair and replacement of the sidewalk adjoining the
Outlots, (ii) installation,maintenance, repair, and replacement, improvements and
care of all trees, shrubs, grass in the common areas and bermed areas of the R-2
Lots 35 through 39 and R-4 Lots 120 through 132 .
(b) To enforce the terms of this Declaration and to enact such additional rules and
regulations as are necessary for the use and enjoyment of the Common Areas and
Berms.
(c) To cause the annual budget to be prepared, and each Lot Owner to be notified of
the annual budget and regular and/or special assessments against his Lot, and to
collect the same, all in accordance with this Declaration.
(d) To procure and maintain such public liability,workmen's compensation, fidelity,
directors' and officers' liability and other insurance in such amounts and insuring
the Lot Owners, the Association and the Board against such risks as the Board
may in its discretion deem appropriate,provided however, that in no event shall
comprehensive general liability insurance coverage for the Association be in an
amount of not less than One Million Dollars ($1,000,000.00) for each person and
each occurrence.
(e) To pay all taxes and other costs and expenses in connection with the performance
of the functions set forth herein.
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(f) To execute such grants of easement, not inconsistent with the easements specified
in Article V hereof, as may be necessary from time to time to any utility company
or provider servicing the Subject Property or utilizing any property from time to
time owned by the Association.
(g) To deposit from time to time to the credit of the Association funds in savings,
money market and checking accounts in such banks, trust companies, or other
depositories as the Board may select.
(h) To authorize any officer or officers, agent or agents of the Association to enter
into contracts and to execute and deliver instruments in the name of and on behalf
of the Association.
(i) To keep correct and complete books and records of account and minutes of the
proceedings of the Board and committees having any of the authority of the
Board. All books and records of the Association may be inspected by any Lot
Owner, voting member or member of the board or his agent or attorney, for any
proper purpose, at reasonable times.
(j) To provide to the holder of a first mortgage on any Lot, upon written request,
written notice of any default by the Owner of such Lot in the performance of any
obligation under this Declaration, which is not cured with in thirty(30) days.
This provision may not be amended without the written consent of all holders of
first mortgages in the Lots.
(k) To retain and compensate a firm to manage the Association and the Common
Elements, a company to provide lawn mowing and trimming for R-4 Lots 50
through 98 and Lots 108 through 132, or any separate portion thereof, and provide
the services of such other personnel as the Board shall determine to be necessary
or proper for the operation of the Association,whether such personnel are
employed directly by the Board or by such manager; provided, however, that any
such management agreement shall be for a term not to exceed one(1) year and
(iii)be renewable by agreement of the parties for successive one(1) year periods.
(1) To exercise for the Association all powers, duties, and authority vested in or
delegated to the Association and not reserved to the Lot Owners by the By-Laws
or this Declaration.
(m) To have such rights of ingress and egress over and upon the Lots and Landscape
Areas as may be required to exercise such rights.
SECTION 9. Indemnity of Board of Directors. The members of the Board and
the officers thereof or of the Association shall not be liable to the Lot Owners or any mortgage
holder for any mistake of judgment, or any acts or omissions made in good faith as such
members or officers. The Lot Owners shall indemnify and hold harmless each of such members
13
or officers against all contractual liability to others arising out of contracts made by such Board
members or officers on behalf of the Lot Owners or the Association unless such contract shall
have been made in bad faith or contrary to the provisions of this Declaration.
SECTION 10. Board's Determination Binding. In the event of any dispute or
disagreement between the Lot Owners relating to the Landscape Areas or any question of
interpretation or application of the provisions of this Declaration or the By-Laws of the
Association, the determination thereof by the Board shall be final and binding on each and all of
such Lot Owners.
ARTICLE IV
ASSESSMENTS
SECTION 1. Lien and Personal Obligation of Assessments. Declarant, for each
Lot Ownership, whether or not improved with an occupiable Dwelling Unit owned by it,hereby
covenants to pay to the Association, subject to the conditions and limitations expressed in
Section 4 of this Article IV, and each Lot Owner other than Declarant, by acceptance of the deed
to his Lot Ownership improved with a Dwelling Unit, shall be deemed to covenant and agree to
pay to the Association annual assessments or charges (which the Board may elect to bill on a
monthly or semi-annual basis to the Lot Owners), and special assessments as hereinafter may be
authorized, fixed, established and collected from time to time as hereinafter provided. All such
annual and special assessments, together with interest, if any, and costs of collection thereof,
including attorney fees, shall be a charge on the land and shall be a continuing lien upon the Lot
against which each such assessment is made from the date of it's commencement, all as
hereinafter provided. Each such assessment, together with such interest and such cost of
collection, shall also be the continuing personal obligation of the Owner of such Lot at the time
the assessment becomes due. Until such time as the Association is created and the first Board of
Directors elected by the Lot Owners is installed, all assessments shall be paid to Declarant to be
used for the purposes as set forth in this Declaration.
SECTION 2. Purpose of Assessments. The Assessments levied by the
Association or Declarant, as the case may be, shall be used exclusively to carry out and promote
the purposes, obligations and duties of the Association as set forth in this Declaration and to
enforce this Declaration and the compliance herewith by each Lot Owners for promoting the
health, safety and welfare of the Lot Owners use and benefits from all Common Areas and
Berms, including stormwater detention areas, landscaping, and adjoining sidewalk to Outlots
133, 134, and 135, the lawn mowing and trimming of grass areas only of the R-4 Lots 120
through 132 shall be carried out by the Association, in the event that any owner of the R-4 Lots,
specifically Lots 50 through 98 and Lots 108 through 132 elect to have said service provided by
the Association. Homeowners are responsible for fertilization and weed control. Owners of Lots
1 through 149 and Lots 99 through 107 shall bear the responsibility for the lawn mowing,weed
control and fertilization of Owner's lot. All landscaping and yard materials located upon any Lot
within the subdivision shall be maintained in a good, orderly, neat, and healthy condition, free
from disease and pest infestation by the Owner.
14
SECTION 3. Amount of Annual Assessment. Until the first annual meeting of
the Association and the turnover of the Association by Declarant, the amount of the annual
assessment shall be determined by Declarant. Thereafter, the amount of the annual assessment
shall be determined by the voting members at any annual meeting or any special meeting called
for the purpose. Notice of any special meeting for such purpose shall be given in writing to all
voting members at least thirty(30) days in advance of the date set for such special meeting. The
amount of the annual assessment shall in no case be less than an amount determined(taking into
consideration existing cash reserves and the need to maintain future reasonable reserves) by
Declarant or the Board, as the case may be, to be necessary to defray all costs and expenses of
the Association in meeting its obligations and fulfilling its duties under this Declaration and the
By-Laws for the following year. Each annual assessment shall be divided among the Lots
improved with Dwelling Units, on an equal basis. In the event that any of the property owners of
the R-4 Lots, specifically Lots 50 through 98 and Lots 108 through 132 elect to have lawn
mowing and trimming services provided by the Association, the Association shall have the
authority to include the amount invoiced to each Lot Owner in the Annual Assessment of the R-4
Lots, specifically Lots 50 through 98 and Lots 108 through 132. In the event that the annual
assessment is not duly adopted by the Voting Members within sixty(60) days following the date
of the initial meeting duly noticed for such purpose, whether due to lack of a quorum, lack of
sufficient vote of the voting members, or for any other reason, the amount of the Annual
Assessment for the preceding year shall be assessed for the current year until otherwise approved
by the Voting Members.
SECTION 4. Special Assessments for Extraordinary Items. In addition to the
annual assessments authorized by Section 3 of this Article IV, the Association may levy in any
assessment year, applicable to that year only, a special assessment which shall be assessed
uniformly against each Lot for the purpose of defraying, in whole or in part, the cost of any
extraordinary construction or reconstruction, unexpected or emergency repair, replacement,
rehabilitation or maintenance of the: Outlot 1 and Outlot 2, adjoining sidewalk to Outlot 2,the
landscaped berm behind R-4 Lot 120 through 132,provided that such special assessment shall
have the assent of fifty one percent(51%) of the voting members voting on the question at an
annual meeting or a special meeting duly called for this purpose, written notice of which shall be
sent to all Voting Members at least fourteen (14) days in advance and shall set forth the purpose
of the meeting.
SECTION 5. Quorum for any Action Required Under Sections 3 and 4 The
quorum required for any action authorized by Section 3 and 4 of this Article IV, together with
such other actions duly noticed to be considered at such meeting shall be as follows: At the first
meeting of voting members called pursuant to Sections 3 and 4 of this Article IV, the presence in
person or by written proxy of Voting Members entitled to cast fifty-one percent(51%) of all
votes of the Association shall constitute a quorum. If the required quorum is not forthcoming at
such meeting, subsequent meetings may be called, subject to the notice requirements set forth in
said Sections 3 and 4, until a quorum of one-half(1/2) of the required quorum at the first such
meeting is met.
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SECTION 6. Date of Assessment. Declarant, until the first annual meeting of
Voting Members, and thereafter, the Board shall fix the date of commencement and the date or
dates of payment of the annual assessment against each Lot at least thirty(30) days in advance of
such date or period and shall, at the time, prepare a roster of the Lots and assessments applicable
thereto which shall be open to inspection by any Lot Owner. Written notice of the assessment
shall thereupon be sent to every Lot Owner subject thereto. The Board shall upon demand at any
time furnish to any Lot Owner liable for any assessment a certificate in writing signed by an
officer of the Board setting forth whether such assessment has been paid, and such certificate
shall be presumptive evidence of payment of any such assessment. The due date of any special
assessment under Section 4 hereof shall be fixed by the Board. The Board may require any
annual or special assessment to be paid in such installments as it may deem appropriate.
SECTION 7. Initial Assessment Reserve. Each purchaser of a Home agrees that
at the time of the initial closing, said Purchaser shall be charged and shall pay a Two Hundred
and 00/100 Dollars ($200.00) initial maintenance fee as a reserve against future expenses of the
operation of the Homeowner's Association.
SECTION 8. Effect of Nonpayment of Assessment Remedies of Association If
an assessment is not paid on the date when due, then such assessment shall become delinquent
and shall, together with such interest thereon, a late charge of One Hundred and 00/100 Dollars
($100.00), and cost of collection thereof as hereinafter provided (including appeals), be a
continuing lien on the Lot in favor of the Association which shall bind such property owned by
the then Owner, his heirs, devises,personal representatives, successors and assigns until paid.
The personal obligation of the then Owner to pay such assessment, however shall remain his
personal obligation and that of his personal representatives but his personal obligation shall not
pass to his successors in title unless expressly assumed by them, although the delinquent
assessment will remain a lien on the land until satisfied.
If an assessment is not paid within thirty(30) days after the due date, the assessment shall
bear interest from the due date at an interest rate of one and one-half percent(1 1/2%) per month
or the maximum rate allowable by law, whichever is less, and the Association may bring an
action against the Owner personally obligated to pay the same and to foreclose the lien against
the property or both, and there shall be added to the amount of such assessment the costs of
preparing and filing the complaint in such action, and in the event a judgment is obtained, such
judgment shall include interest on the assessment as above provided and reasonable attorney fees
to be fixed by the court, together with the costs of the action.
SECTION 9. Subordination of the Lien to Certain Encumbrances.
Notwithstanding anything contained herein to the contrary, the lien of the assessments provided
for herein shall be subordinate to the lien of any mortgage or trust deed in the nature of a
mortgage now or hereinafter placed against the Subject Property or any Lot therein; provided,
however, that much subordination shall apply only to the assessments, charges and liens which
have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of
foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve
such Lot from liability for any assessments and charges thereafter becoming due nor from the
lien of any such subsequent assessment or charge.
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ARTICLE V
EASEMENTS
SECTION 1. Public Utilit Draina e and Storm Water Retention Easements.
Pursuant to the Final Plat, Declarant has granted certain easements for public utilities and
drainage to the City and other named common carriers and franchisees of the City. Said
easements and the locations thereof are identified on the Final Plat. Pursuant to said easements,
the City and other parties benefited thereby shall have the perpetual right,privilege and authority
to use the easement premises in the manner set forth on the Final Plats and each Lot Owner
within the Subject Property shall maintain the easement premises located on his Lot and keep the
same clear of unpermitted obstructions, all as specified on and required under the Final Plat. No
alteration, modification of berm swales, detention areas or appurtenances shall be made without
the consent of the City of Yorkville Engineering Department.
SECTION 2. Easement to Run with the Land. All easements on or with respect
to any Lot within the Subject Property as established by the Annexation Agreement, Final Plat or
this Declaration are easements appurtenant to and running with the land perpetually in full force
and effect, and at all times shall inure to the benefit of and be binding on the parties identified in
such easement and any Owner, Occupant,purchaser, mortgagee and other persons having an
interests in any Lot upon which such easement is located, and it or his heirs, grantees, successors
and assigns.
SECTION 3. Ingress and Egress Access Easement. Pursuant to the Final Plat,
the Declarant has granted a perpetual, non-exclusive easement for ingress and egress of
pedestrian and vehicular traffic for the use, benefit and enjoyment of the Lots as identified on the
Final Plat, the Owners and Occupants of said Lots and their guests and invitees, the City of
Yorkville, Illinois and its franchisees and all applicable providers of emergency services.
ARTICLE VI
MAINTENANCE COVENANTS
SECTION 1. Landscape Maintenance. The maintenance of the Landscape Areas
located around the Entrance Monument on Lot 14, common areas and berms upon R-2 Lots 35
through 39 and all landscape material located upon the Common Areas and Landscape Berm
behind R-4 Lots 120 through 132 and adjacent to and including the areas of Outlot 133, 134, and
135, shall be cared for, maintained and replaced(collectively"Maintenance")by the
Association, at the Association's expense, as from time to time may be required to keep the same
in a good, orderly neat and healthy condition. The Association shall retain a professional
landscape service to care for the landscaping of all Lots and to provide for the maintenance of
said areas, including mowing,
SECTION 2. Lot Landscaping_ Lawn mowing of the R-4 Lots 50 through 98
and 108 through 132 shall be carried out by the Association. Owners of all R-2 Lots 1-49 and
Lots 99-107 shall bear the responsibility for the lawn mowing of Owner's lot. All landscaping
and yard materials located upon any Lot within the subdivision shall be maintained in a good,
orderly, neat and healthy condition, free from disease and pest infestation by the Owner.
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SECTION 3. Maintenance of Subject Property. The Association, through the
Board, shall have the power and duty to, and shall fully comply with, the following covenants
and restrictions:
Own, manage, improve, maintain, repair, and replace of the Common Areas and Berms
and all structures thereon, including any monuments, fencing, signage, lighting and other
improvements located thereon as may be authorized from time to time by the Association acting
in accordance with its articles of incorporation and By-Laws, provided,however, that any such
action so authorized shall always be for the express purpose of keeping Blackberry Woods a
highly desirable residential community;
On a regular basis, mow, care for, maintain and remove rubbish from any vacant or
unimproved portions of the Subject Property and to do any other things necessary or desirable in
the judgment of the Board to keep any vacant or unimproved portions of the Subject Property
neat in appearance and in good order. The foregoing rights shall not apply to any Lot or other
portion of the Subject Property owned by Declarant; and
SECTION 4. Right of Entry. For the purpose of carrying out the rights and
responsibilities of the Association under this Article VI, Declarant or Association, as the case
may be, through its duly authorized agents or contractors, shall have the right to enter upon any
Lot at any reasonable hour, provided that no entry shall be made to the interior of any portion of
any Dwelling Unit without prior notice to and consent of the Owner thereof.
SECTION 5. Stormwater Management Facilities. All Lot Owners in the
Subject Property, through the Association, shall be responsible for the care, maintenance, repair,
and replacement of the Stormwater Management Facilities, and the drains, inlets, and other
devices associated therewith, to the extent not otherwise undertaken by the City, so as to insure
the continued compliance of the Stormwater Management Facilities with the codes and
regulations of the City pertaining to detention facilities. In the event the Stormwater
Management Facilities are not properly maintained by the Association or the Lot Owners,the
City shall, upon ten(10)business.days prior written notice to the Association or all of the general
real estate tax assesses of record for the Lots, have the right to perform or have performed on its
behalf all reasonably necessary maintenance work to or upon the Stormwater Management
Facilities, or any portion thereof. In each such case, the City, through its designated
representatives, shall have the right to enter upon, cross over, and utilize all or any portion of the
Stormwater Management Facilities to carry out such maintenance. The City and its
representatives shall use all reasonable efforts to minimize any damage or disturbance to the
Stormwater Management Facilities.
ARTICLE VII
USE RESTRICTIONS
SECTION 1. Land Use and Building Type:All Lots shall be used for single
family, private residential purposes, only. No gainful occupation or profession, or other non-
residential use, shall be conducted on any Lot(s) or in any building located on any Lot(s). No
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noxious or offensive activity shall be carried on in or upon any premise, nor shall anything be
done thereon which is or may be or become an annoyance or nuisance to the neighborhood.
SECTION 2. Minimum Square Footage of Dwelling Units: All Dwelling Units
constructed shall provide at a minimum the following area of living space:
a. R-2 Homesites: One Story Home - 1,800 square feet.
Story and One-half Home—2,100 square feet.
Two Story Home—2,400 square feet.
b. R-4 Homesites: One Story Home- 1,500 square feet.
Story and One-half Home - 1,800 square feet.
Two Story Home - 2,000 square feet.
SECTION 3. Dwelling_Quality and Size: All Dwelling Units must be approved by the
Architectural Review Committee and shall be constructed in accordance with the requirements of
the applicable zoning ordinances and building and other codes of the City of Yorkville, Kendall
County, Illinois and in accordance with such other standards as may be adopted by Declarant in
accordance with the authority granted to Declarant under Article VIII. No construction of any
kind including but not limited to: the erection or re-erection of any building; the erection or re-
erection of any accessory building or structure; or the installation of any garage, driveway,
parking area or similar structure may occur until and unless the plans and specifications therefore
have been approved in writing in accordance with the provisions of Article VIII. In no instance
shall any structure be approved where the same will or may interfere with the public safety.
No building not specifically authorized elsewhere in these Covenants shall be erected, re-
erected, or maintained on any Lot except one building, erected for occupancy by one family, a
private attached or detached garage.
SECTION 4 Vehicles: Camping trailers,boats, tractors, mobile homes or other
vehicles of any type whatsoever shall not be stored permanently or no longer than five (5)
consecutive days on any Lot in Blackberry Woods. Commercial vehicles shall not be habitually
parked in the subdivision. "Commercial vehicles" shall include all forms of transportation which
bear signs or have printed on the same reference to any commercial undertaking or enterprise.
Habitually parked for purposes of these restrictions shall be defined as parked in said
subdivision, not with a garage location thereon, for a period in excess of five (5) consecutive
days. Notwithstanding the foregoing, the operable automobiles being used by the owners,
occupants and their invitees may be parked on the owners' driveways and public streets as
permitted by law.
SECTION 5 Signs: All signs of any kind shall be erected in accordance with
the ordinances of the City of Yorkville. No signs, except for one (1) "For Rent", "Garage Sale",
or"For Sale"sign of not more than six square feet, shall be displayed to the public view on any
lot without expressed consent by the Developer or Association. Notwithstanding the previous
sentence, no advertising sign billboards, unsightly objects or nuisances shall be erected, placed or
permitted to remain on any Dwelling Unit or Lot.
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SECTION 6 Animals: No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on Lot, except that dogs, cats or other household pets may be kept provided
that they are not kept, bred, or maintained for any commercial purpose. A dog kennel is
permitted on R-4 Lots if: it is constructed of Wrought Iron or Aluminum look a like Wrought
Iron, is two hundred (200) square feet or less, the Owner must maintain the lawn within the
kennel and around the exterior of the kennel. No dog kennels are permitted on R-2 Lots of any
type shall be kept or maintained on any of the lots and no household pets of any type whatsoever
shall be kept,maintained, or housed anywhere on any of the lots except inside the Dwelling Unit.
SECTION 7 Antennae and Satellite Dishes: No antenna, radio receiver,
satellite dish or similar apparatus shall be attached to or installed on any portion of the
Community Area; provided, that a satellite dish of less than eighteen(18) inches in diameter may
be installed in the rear or side yard or on the exterior of the Home as long as the satellite dish is
not visible from the front of the Home.
SECTION 8. Swimming Pools. No swimming pools are permitted within the R-
4 Zoned Lots specifically, Lots 50 through 98 and Lots 108 through 132. Only In-ground pools
are permitted on R-2 zoned lots. No Above ground pools are allowed even if surrounded by dirt,
fencing, or a deck.
SECTION 9. Dwelling Unit Exteriors. All materials and colors utilized on the
Dwelling Units shall be reviewed and approved subject to said Article VIII.
SECTION 10. Sodding of Yards. The front yard shall be sodded during the first
growing season following the issuance of the occupancy permit for the Dwelling Unit on such
Lot.
In the event that the City of Yorkville, from time to time, creates watering bans as to
newly planted sod, and in the event a Lot owner is required to complete sodding during said
bans, the Homeowners' Association or Developer is authorized upon written presentation of a
City notice of water restriction to authorize a Lot owner postpone the installation of sod until
such time the watering ban is lifted.
SECTION 11. Lot Grading. Following the issuance of any occupancy certificate
by the City for a Lot, such Lot shall be graded, and such grades shall be maintained in substantial
compliance with the master grading plan affecting such Lot, as approved by the City.
SECTION 12. Construction Materials: In no event shall any Dwelling Unit,
house, garage or other Structure be constructed with the use of roll paper exterior siding or
imitation brick or shingle exterior siding of asphalt or granule composition, it being the intention
and purpose of these Covenants to assure that all Dwelling Units erected thereon shall be of good
quality, workmanship and materials. It is further intended that brick, stone, wood or quality
maintenance free composite, such as vinyl or aluminum siding, and cement board siding be used
to conform to the natural setting. Aluminum soffit and fascia is permitted. All materials used in
the construction of any structure must be new, except that non-new materials used for decorative
purposes only may be used if approved in writing in accordance with the provisions of Article
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VIII of these Covenants. All homes shall have roofs which maintain a minimum rise of seven
inches (7") for each twelve inches (12") of horizontal run. Roofing must be Architectural Grade
shingles or of higher grade. No three tab shingles will be allowed.
SECTION 13. Accessory Structures. No more than one (1) accessory structure
shall be permitted to be located in the rear lot of any dwelling unit within the Subdivision Said
accessory structure shall not exceed four hundred square feet(400') in size
SECTION 14. Compliance with Applicable Law. No structure, building or
construction of any kind shall be erected, placed or permitted on the Subject Property or any part
of it except in full compliance with then applicable laws, ordinances, codes and regulations of
any governmental entity having jurisdiction thereof and pursuant to prior written permission of
Declarant or Association as the case may be, in accordance with the provisions of Article VIII of
this Declaration.
SECTION 15. Driveways. Access driveways and other areas for vehicular use
shall be erected and maintained on every Lot. Adequate off-street parking spaces shall be
provided by the Owner of each individual Lot to avoid any habitual use of on-street parking.
The driveway may be counted in computing such off-street parking. Said driveway approach
and driveway shall be paved within six (6) months of the issuance of an occupancy permit for the
Dwelling Unit with either concrete or blacktop, and shall be constructed in such a manner as to
prevent erosion.
SECTION 16. Fences.
(a) No fences shall be permitted in front yard areas located within said Subdivision
except decorative wrought iron, aluminum "wrought iron-look" or white picket
fences.
(b) The installation of any type of fencing requires approval from the Architectural
Review Committee and a fence permit from the City prior to construction. The
only type of fences that shall be permitted in the Subdivision without a variance
being granted by the Architectural Review Committee will be Board on Board
wooden fences, wrought iron fence, or aluminum"wrought iron-look" fence, or
PVC fence having the same wrought iron appearance, of no more than four feet
(4') in height may be erected, installed, or maintained. This height limitation
shall not apply to fences which enclose swimming pools if the appropriate
governmental authority requires a fence of greater height. Any fence shall
comply with the ordinances of the appropriate governmental authority, except as
limited by this Section, and all required permits shall be obtained prior to
installation of any fence. No cyclone, chain link or stockade fences shall be
permitted within the Development. Fence must be placed at the back corner of
the home or the garage. Corner lot fences will be set at least ten feet (10') back
from the sidewalks. The provisions just stated shall not apply to any fence
constructed by Declarant. There will not be any restrictions regarding said fences.
Notwithstanding the foregoing, only wrought iron or aluminum "iron-look"on
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board shall be permitted to be constructed on Lots: 12, 13, 16 through 24, and
Lot 43.
(c) Invisible fencing is a permitted use that may be located no closer than twenty-four
inches (24") of the perimeter of any Lot within the development. The
Homeowners will be responsible for all maintenance to the invisible fence. Lawn
maintenance companies will have no responsibility or liability for damage to an
Invisible Fence. Association approval is required.
(d) No chain link fencing or fencing of any kind except as permitted in Section 16 (b)
above, or as permitted in writing as a variance from said type and design as
described above by the Architectural Review Committee shall be permitted on
any lot.
SECTION 17. Real Estate Taxes. Each owner shall be responsible for all real
estate taxes and special assessments levied with respect to Owner's Lot Ownership.
SECTION 18. Restriction Applicable. Where the terms and conditions of this
Declaration differ or conflict with applicable laws and ordinances, the term, condition, law or
ordinance which is most restrictive and which best serves the objective of creating a residential
community and which preserves the Subject Property's natural attributes shall apply.
SECTION 19. Owner Responsibility. Each Owner shall be responsible for
enforcing compliance with this Declaration and the By-Laws of the Association by each
occupant of said Owners Dwelling Unit and shall be responsible for the failure of any such
Occupant to so comply.
SECTION 20. Casualty Insurance. Unless otherwise provided by Declarant or
Association, as the case may be, each Owner shall at all times maintain with a reputable
insurance carrier licensed to do business in Illinois replacement value hazard insurance, all risk
coverage, for his Dwelling Unit. A copy of the policy of Insurance shall be deposited with
Declarant or Association, as the case may be, by each Owner. In the event of any damage or
destruction to a Dwelling Unit due to casualty of any form, the Owner shall promptly and
diligently cause such Unit to be repaired or replaced with materials, colors, workmanship and
design the name as existed prior to such casualty. In the event an Owner falls to maintain such
insurance, or maintains such insurance in an amount deemed to be inadequate by Declarant or
Association, Declarant or Association, as the case may be, may elect to procure or increase the
same in an amount it deems appropriate, and all costs incurred by Declarant or Association as the
result thereof plus fifteen percent (15%) for overhead and handling of Declarant or Association
shall be paid by the Owner to Declarant or Association. Non-payment by the Owner of such
amount shall give rise to a lien against the Owner's Lot in favor of Declarant or Association, as
the case may be, subject to the same enforcement and interest provisions contained in Article IV
of this Declaration.
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SECTION 21. Exterior Lighting. No exterior lighting other than the standard
coach lights and wall mounted residential lights shall be utilized without the Owner of said Lot
having first obtained approval pursuant to Article VIII of this Declaration.
SECTION 22. Parkway Trees. The Owner of each Lot shall be required to plant
the parkway tree or trees, as required by United City of Yorkville Ordinance, as a condition to
the issuance of the final occupancy permit. In the event that weather conditions are not
appropriate, then the owner of each Lot, as a condition of the issuance of the final occupancy
permit, shall be required to submit to the City a bond to insure the installation of the tree or trees
once weather conditions permit.
SECTION 23. Damage to Public Streets, Curbs, Sidewalks and other Subdivision
Improvements. Each individual Lot Owner shall be responsible for any damage caused to
subdivision streets, curbs and gutters, sidewalks,parkway trees, and other public subdivision
improvements caused by such Lot Owner or by his, her or their agents, contractors or
subcontractors and shall be liable for the cost of repair and replacement to any damaged
subdivision improvements.
SECTION 24. Rubbish and Trash. All rubbish, trash or garbage shall be kept in a
sanitary condition and so as not to be seen from neighboring Dwelling Units and streets, and
shall be regularly removed from the Lot, and shall not be allowed to accumulate thereon.
Garbage may not be burned on any Lot.
SECTION 25. Clothes Dreg_ Drying of clothes shall be confined to the interior
of the Dwelling Units.
SECTION 26. Adverse Impact. An Owner of a Lot shall do no act nor allow any
condition to exist on his Lot which will materially adversely affect any of the other Lots or their
Owners. No nuisance, noxious or illegal activity shall be carried on within the Subject Property
nor shall anything be done therein, either willfully or negligently,which may be or become a
nuisance to the Owner or Occupants of any Dwelling Unit within the Subject Property.
SECTION 27. Model Homes. No structure or other facility located upon the
Subject Property shall be occupied or utilized for the purpose of a model home and/or sales and
construction office without the prior written approval of Declarant, and then only in accordance
with the limitations and restrictions of such approval. Such approval shall be in the sole and
absolute discretion of Declarant. Nothing contained in this Declaration shall be construed to
prohibit or limit the use of a structure for a model home and/or sales and construction office if
otherwise approved by Declarant. Declarant shall have the right and authority to use, and
authorize in writing others to use, sales and construction trailers and sales signage upon the
Subject Property, subject to all applicable zoning codes and ordinances.
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SECTION 28. Mailboxes. Any mailboxes other than the standard mailboxes
shown on Exhibit C must be approved by Declarant or whoever is enforcing architectural
covenants. Brick mailboxes may not be larger than 24"wide x 24" deep x 50"high and must
have approval from the Architectural Review board. No brick mailboxes are permitted on R-4
lots.
ARTICLE VIII
ARCHITECTURAL CONTROLS
SECTION 1. Plan Approval. It is understood and agreed that the purpose of
architectural controls for the Subject Property is to secure an attractive,harmonious residential
development having continuing appeal. No construction on the Subject Property of a Dwelling
Unit, fence, wall or other structure shall be commenced, erected or maintained nor shall any
addition to or change or alteration thereto be made(except interior alterations) until the
construction plans and specifications, showing the nature, kind, shape,height, materials, color
scheme, proposed location on the Lot, approximate cost of such building or other Structure, and
the grading plan and landscape plan of the Lot to be built upon shall have been submitted to and
approved in writing by Declarant. Declarant shall have the right to refuse to approve any such
construction plans or specifications, grading plan or landscape plan, which are not suitable or
desirable in the opinion of Declarant for aesthetic or other reasons and in so passing upon such
construction plans and specifications, grading plan or landscape plan, Declarant shall have the
right to take into consideration the suitability of the proposed building or other Structure with the
surroundings, and the effects of the building or other Structure on the compatibility with adjacent
or neighboring properties.
All such plans, specifications, and other materials pertinent to any proposed construction
shall be submitted to the office of Declarant or its nominee at such other address as may from
time to time serve as agent for Declarant (hereinafter referred to as "Agent") for approval or
disapproval. A report in writing, setting forth the decision of Declarant by Agent and the reasons
therefore shall thereafter be transmitted to the applicant by Agent within thirty(30) days after the
date of filing the plans, specifications, and other material by the applicant. Agent, following the
submission of the aforesaid, will aid and assist the respective residents or their agents and will
attempt to reasonably cooperate with the reasonable objectives of the Lot Owner. Lot Owners
are encouraged to submit preliminary sketches for"informal comment"prior to the submittal of
architectural drawings and specifications for full review. In the event Declarant fails to approve
or disapprove within thirty(30) days after submission, the final plans, specifications or other
materials as required by this Declaration shall be deemed waived, if the Declarant has not
approved or denied the application within seven(7) days after the Owner gives a seven (7) day
notice of the Declarant's failure to act within thirty(30) days and notice of an intent to proceed
without Declarant's approval provided however, that all other provisions of this Declaration shall
be fully complied with. Any decision of Declarant to disapprove final plans, specifications, or
other materials required by this Declaration shall be final. No building permit shall be issued by
the City of Yorkville until the Applicant has sought and received the approval of Declarant to all
final plans, specifications or other materials required by this Declaration.
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During the development of the Subdivision, CASTLE BANK N.A. shall operate as the
sole member of the Architectural Review Committee to approve all home plans for Units to be
built within said Subdivision. All plans shall be submitted to CASTLE BANK N.A. prior to
acquiring a City of Yorkville Building Permit. CASTLE BANK N.A. or its designated
consultant or representative shall provide a written response within fifteen (15) days of
submission either approving or rejecting the plans, and if rejecting the plans, give specific
recommendations for modifications to bring plans in compliance with the Covenants,
Conditions, and Restrictions set forth in this document.
CASTLE BANK N.A. may assign or resign its rights as the Architectural Review
Committee at any time without notice, or may appoint designated successors to act as the
Architectural Review Committee. In the event CASTLE BANK A. or a successor or successors
Architectural Review Committee design to turn over those duties to the Homeowner's
Association, it shall call a special meeting or give at least fourteen (14) days notice prior to the
regular annual meeting of the Homeowner's Association providing written notice of its intent to
turn over Architectural Review Committee duties to the Homeowner's Association or its
designated elected representatives.
Dwelling Unit Exterior Requirements
a. Stone or Brick: Owners are strongly encouraged to construct the exterior of the
home with stone or brick. Vinyl siding, cedar siding or composite siding may be
permitted so long as there is no more than a six inch (6") exposure. All R-2 and
R-4 lots that have less than thirty-three percent (33%) brick or stone on the front
elevation and/or foundation walls that are adjacent to street shall have all of the
following enhancements to the front elevation:
(i) at least a $1,500.00 Landscape Package consisting of plants, shrubs, and
trees which must be installed upon the Lot during the first growing season
after the completion of the residence
(ii) Grids in Front Windows
(iii) Architectural Shingles
In addition, all R-2 and R-4 lots that have less than thirty-three percent (33%)
brick or stone on front elevation shall have at least seven (7) of the following
enhancements to the front elevation:
(i) Two (2) Gables Facing Street
(ii) Decorative Vents or Windows in Gables
(iii) Roof Line Across Gable with Shingles
(iv) Covered Porch
(v) Bay Window with Roof
(vi) Boxed out Window with Roof
(vii) Transom Windows
(viii) Decorative Glass in Front Door
(ix) Windows in Upper Panels of Garage Door
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(x) Shutters on Front Windows
(xi) Window Wrapped with 4"to 6"Trim Piece
(xii) Soffit and Fascia Different Color From Siding
(xiii) Decorative Trim Above Windows
(xiv) Any other enhancement that is approved by the Architectural Committee
b. Fireplaces are encouraged to be on the back half of any dwelling unit, measured
from the side of the dwelling unit. Fireplaces shall be consistent with the primary
cladding of the dwelling unit. In the event a fireplace is on the front half of the
home, it shall be clad in stone or brick.
C. Flashing shall be aluminum and colored to be compatible with the exterior color
scheme of the dwelling unit. No galvanized flashing will be allowed on any
dwelling unit.
d. Roof vents, plumbing stacks shall match the surrounding materials. Exposed
flues must be located in the back half of the dwelling unit and past the ridge line.
e. Roof material shall be twenty-five (25) year Architectural shingles.
f. The main roof pitch for the dwelling unit shall be at least 7/12 with a minimum
10/12 pitch on all front and rear gable roofs not withstanding the foregoing. All
lower pitch roofs must be approved by the Architectural Committee.
g. All R04 lots must be fully sodded.
SECTION 2. Assignment of Authority The rights and authorities established by
this Article VIII shall be personal to Declarant, through its Agent, but may be assigned by
Declarant to such other person(s) or entity, and thereafter from time to time assigned, as
Declarant or it's successors or assigns may deem appropriate. An assignment of Declarant's
rights and authorities pursuant to this Article VIII may only be accomplished by written
instrument expressly referencing this Article VIII duly executed by the assignor, accepted by the
assignee and recorded with Kendall County Recorder's Office. Declarant may at any time
terminate the architectural controls established hereunder by written instrument recorded with
the Kendall County Recorder's Office,without the consent of any Lot Owner within the Subject
Property. In the event that Declarant assigns it's rights under this Article VIII to the Association,
the Association Board shall establish an architectural review committee consisting of at least two
(2) Lot Owners (at least one of which shall also be a board member)to administer the provisions
of this Article VIII. The term of service for each committee member selected by the Board and
the procedures to be utilized by such committee in carrying on its duties, shall be established by
the Board.
26
SECTION 3. Developer Exemption. The provisions of Section 1 of this Article
VIII shall not apply to Declarant, Developer or any Dwelling Unit owned, in whole or in part, or
controlled by McCue Builders, Inc. This exemption shall not be assignable and shall not run
with the land upon the sale of a Lot by one of the exempt entities,but shall be personal to said
exempt entities.
ARTICLE IX
DECLARANT'S RIGHTS RESERVED
SECTION 1. Easements. Notwithstanding any provisions contained herein to
the contrary, the easements granted or referred to under Article V of this Declaration shall be
subject to:
a. The right of Declarant to execute all documents and do all other acts or things
affecting the Subject Property which, in Declarant's sole opinion and discretion
are desirable and appropriate in connection with Declarant's rights hereunder,
provided any such document or act or thing does not unreasonably interfere with
the property rights of any Owner.
b. Easements of record on the date hereof and any easements which may hereafter
be granted by Declarant to any public utility or governmental body for the
installation and maintenance of electrical and telephone conduit and lines, gas
pipes, sewer and water pipes or any other utility services serving any Dwelling
Unit or as otherwise specified in such easements.
C. The vacation or relocation of easements by Declarant pursuant to agreement with
the City to facilitate the service of utilities to all or any portion of the Subject
Property or to eliminate a particular hardship which would otherwise be
experienced by an Owner.
SECTION 2. Construction and Sales Facilities. Declarant shall have the right to
construct, operate and maintain and to authorize others pursuant to the provisions of Section 27
of Article VIII of this Declaration to construct, operate, and maintain construction and/or sales
facilities in model homes and other permanent or temporary structures approved by Declarant
located within the Subject Property throughout the period of construction and sales of Lots and
Dwelling Units located within the Subject Property or any portion thereof.
SECTION 3. Exceptions. Except for the rights granted to the City, Declarant,
for itself only, reserves the right to enter into written agreements without the consent of any
Owner to deviate from any or all of the provisions set forth herein in the event Declarant
determines, in its sole and absolute discretion, there are practical difficulties or particular
hardships or other justifications evidenced by any Owner of any Lot in the Subject Property.
Any deviation so approved shall not constitute a waiver of the right of Declarant or any Owner to
enforce against any other Lot within the Subject Property, the provisions deviated from, nor shall
Declarant have the obligation to extend or grant such deviation to any other Lot within the
Subject Property.
27
SECTION 4. General Authority. Declarant shall have the right to execute all
documents and undertake any actions affecting the Subject Property, and any portions thereof,
which in Declarant's sole and absolute discretion are either desirable or necessary to fulfill or
implement, either directly or indirectly, any of the rights granted or reserved to Declarant or the
Association in this Declaration.
SECTION 5. Assignment of Declarant's Rights. Declarant, it's successors or
assigns, shall have the right to transfer and assign all or any of its rights, privileges, easements,
powers and duties herein retained or reserved by Declarant, its successors or assigns,by written
instrument or instruments in the nature of an assignment expressly providing for such assignment
and specifically referencing this Declaration and the provisions assigned, which shall be
effective when recorded in the office of the Recorder of Deeds of Kendall County, Illinois and
Declarant, its successors and assigns shall thereupon be relieved and discharged from every duty
so vested in the transferee. All rights reserved or granted hereunder to the Association shall be
deemed reserved and granted to Declarant until such time Declarant assigns such rights to the
Association following Declarant's establishment of the Association.
SECTION 6. Declarant's Agent. All notices, approvals, consents, deviations,
and other authorizations which may be given by Declarant hereunder may also be given by
Declarant's Agent as identified in Section 1 of Article VII of this Declaration. All such notices,
approvals, consents, deviations, and other authorizations from time to time voluntarily given in
writing under the authentic and duly authorized signature of Agent shall be deemed binding upon
Declarant and may be relied upon solely by the person or entity to which the same is specifically
addressed. Declarant may from time to time revoke, alter, amend or transfer the authority
granted under this Section 6 by written instrument referencing this Section 6, which instrument
shall be deemed effective upon execution by Declarant and recordation thereof with Kendall
County Recorder of Deeds.
SECTION 7. Special Amendments. Declarant reserves the right and power in
favor of itself without the consent of any Owner or mortgagee, to execute and to record a special
amendment("Special Amendment")to this Declaration at any time and from time to time which
amends this Declaration:
a. to comply with requirements of the Government National Mortgage Association,
the Federal Home Loan Mortgage Corporation, the Department of Housing and
Urban Development, the Federal Housing Authority, the Veteran's
Administration, or any other governmental agency or any other public, quasi-
public or private entity which performs (or may in the future perform) functions
similar to those currently performed by such entities;
b. to induce any of such agencies or entities to make, purchase, sell, insure,
guarantee or otherwise deal with first mortgages covering Dwelling Units;
C. to correct errors in the Declaration or any Exhibit;
28
d. to bring the Declaration into compliance with applicable laws, ordinances or
governmental regulations; and/or as otherwise determined by Declarant to be
reasonably appropriate in Declarant's sole and absolute discretion.
In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted
to the Declarant to make or consent to special amendments on behalf of each Owner. Each deed,
mortgage, trust deed, other evidence of obligation, or other instrument affecting a Lot and
Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of,
and a consent to the reservation of, the power to the Declarant to make, execute and record
special amendments. The right and power to make special amendments hereunder shall terminate
at such time as Declarant no longer holds or controls title to a portion of the Subject Property.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. Duration, Perpetuities and Other Rules of Property. The covenants
and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit
of and be enforceable by Declarant, the Association, the Owner of any land subject to this
Declaration or portions thereof, and the City and their respective legal representatives,heirs,
grantees, successors and assigns for a term of fifty(50) years from the date this Declaration is
recorded, after which time such covenants shall be automatically extended for successive periods
of ten(10) years unless and until an instrument amending this provision as hereinafter provided
shall be recorded.
If any of the options, privileges, covenants, or rights created by this Declaration would
otherwise violate (a) the rule against perpetuities or an analogous statutory provision, or(b) any
other statute or common law rule imposing time limits, then such provision shall continue in the
case of(a) only until twenty-one (21) years after the death of the survivor of the now living
lawful descendants of the incumbent Chairman of the Kendall County Board, Kendall County,
Illinois, and the incumbent President of the United States, and in the case of(b) for the maximum
period permitted.
SECTION 2. Amendment. Except as otherwise provided herein, this instrument
and its effects shall not at any time hereafter be modified, amended or annulled except by the
written agreement of the then Owners of record of sixty percent(60%) of all Lot Ownerships to
which such provision applies, or such other percentage of Lot Ownerships as expressly otherwise
provided in this Declaration. No amendment purporting to affect any right of the City provided
herein shall be effective unless such mended is duly approved and executed by the City. No
amendment shall be effective until duly executed, acknowledged, and recorded in the office of
the Recorder, Kendall County, Illinois.
The foregoing to the contrary notwithstanding, prior to Declarant's assignment of its
rights and powers hereunder to the Association, Declarant shall have the right and authority to
from time to time amend this Declaration as Declarant may determine to be appropriate in
Declarant's sole and absolute discretion, without the consent of any other Owner.
29
SECTION 3. Severability. If any provision of this Declaration or any section,
sentence, clause, phrase, or word hereof, or the application thereof in any circumstances is held
invalid, the validity of the remainder of this Declaration and of the application of any such
provision, section, sentence, clause, phrase or word in any other circumstances shall not be
affected thereby.
SECTION 4. Headings Not Controlling. The headings, subheadings and
captions in this Declaration are for convenience only and shall not be construed to affect the
meaning or interpretation of this Declaration.
SECTION 5. Rights and Obligations. Each grantee of Declarant by the
acceptance of a deed conveyance, and each purchaser under any contract for such deed of
conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, liens
and charges and the jurisdiction, rights and powers created or reserved by this Declaration, and
all rights, benefits, and privileges of every character hereby granted, created, reserved or
declared, and all impositions and obligations hereby imposed and shall be deemed taken to be
covenants running with the land, and shall bind any person having at any time any interest or
estate in said land, and except as otherwise provided herein, shall inure to the benefit of such
person in like manner as though the provisions of this Declaration were recited and stipulated at
length in each and every deed of conveyance. The rights and powers reserved in Declarant
hereunder shall be personal to Declarant and shall not inure to the benefit of any grantee,
successor or assignee of Declarant unless otherwise expressly provided in a written instrument of
assignment executed by Declarant and recorded with the Kendall County Recorder's Office.
SECTION 6. Liberal Construction. The provisions of this Declaration shall be
liberally construed to effectuate its purpose of creating a uniform plan for development.
SECTION 7. Remedies for Breach of Covenants, Restrictions and Regulations.
a. Default. In the event of any default of any Owner under the provisions of this
Declaration or any amendments hereof, Declarant, the Association, other Owners
and the City shall have each and all of the rights which may be respectively
provided for them in this Declaration, or which may be available at law or in
equity and may prosecute any action or other proceedings for enforcement of any
lien or for damages or for injunction or specific performance, or for judgment for
payment of money and collection thereof, or for any combination of remedies, or
for such other relief. All expenses of Declarant, the Association, such other
Owners or the City in connection with such actions or proceedings, including
court costs and attorney fee and other fees and expenses shall be charged to and
assessed against such defaulting Owner.
b. No Waiver of Rights. The failure to enforce any right,provision, covenants or
condition which may be granted by this Declaration shall not constitute a waiver
of the right or of the continuing right to enforce such a right, provision, covenants
or condition in the future, irrespective of the number of violations, defaults or
breaches which may occur.
30
C. Remedies Cumulative. All rights, remedies, and privileges granted to Declarant,
the Association, Owners, or the City pursuant to any terms, provisions, covenants
or conditions of this Declaration shall be deemed to be cumulative and the
exercise of any one or more shall not be deemed to constitute an election of
remedies nor shall it preclude Declarant, the Association, Owners or the City thus
exercising the same from exercising such other additional rights,remedies or
privileges as may be granted to Declarant, the Association, Owners or the City at
law or in equity.
SECTION 8. Limited Application. Nothing contained in this Declaration shall
be construe to apply to any property other than the Subject Property.
SECTION 9. Conflict. In the event of a conflict between any provision in this
Declaration and an express provision contained on the Final Plat, the provision of the Final Plat
shall prevail.
SECTION 10. Recitals and Exhibits. The recitals set forth at the beginning of the
Declaration and the exhibits attached hereto are incorporated into and made part of the substance
of this Declaration.
SECTION 11. Annexation Agreement Restrictions. In addition to all other
restrictions and covenants set forth in this Declaration, each Lot shall fully comply with the
applicable restrictions set forth in the Annexation Agreement for Blackberry Woods, recorded as
Kendall County Recorder's number 200700016272. In the event of a conflict between any
provision of this Declaration and the Annexation Agreement, the more restrictive provision shall
control.
SECTION 12. Title in Land Trust.'In the event title to any Lot is conveyed to a
title holding trust, under the terms of which all powers of management, operation, and control of
the Lot remain vested in the trust beneficiary or beneficiaries, then the beneficiary or
beneficiaries from time to time established thereunder shall be responsible for payment of all
obligations, liens, or indebtedness and for the performance of all agreements, covenants, and
undertakings, chargeable or created under this Declaration against such Lot. No claim shall be
made against any such title-holding trustee personally for payment of any lien or obligation
hereunder created and the trustee shall not be obligated to sequester funds or trust property to
apply in whole or in part against such lien or obligation. The amount of such lien or obligation
shall continue to be a charge or lien upon the Lot and the personal obligation of the beneficiaries
of such trust at the time such charge or lien is incurred, notwithstanding any transfers of the
beneficial interest of any such trust or any transfers of title to such Lot.
31
- J
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed,
acknowledged, and attested to by its undersigned, duly authorized officers on the day and date
first above written.
McCue Builders, Inc., an Illinois Corporation
BY: 14 "IL W'f"
STATE OF ILLINOIS )
)SS.
COUNTY OF KENDALL )
I, the undersigned ptar Wu c in and for said Count. the State aforesaid,DO HEREBY
CERTIFY thatG'V, �,^ y/`�t�W is the e, wvj4JA of McCue Builders, Inc., an
Illinois Corporation, who is personally known to me to be the same person whose name is
subscribed to the foregoing instruments as such , appeared before me this
day in person and acknowledged that he signed and delivered the said instrument as his own free
and voluntary act of said company, for the uses and purposes therein set forth
GIVEN under my hand and Notarial Seal this 161 day of ,2009.
Notary Public
:PUBLIC IAL SEAL
N HANSO:ILLINOIS
NOTAR -STATE OF
MY CON EXPIRES1
32
s
IN WITNESS WHEREOF, the Castle Bank ha ed this instrument to be signed by its
duly authorize officers on its behalf, all done at , Illinois on this ay of
2009.
CASTLE BANK
I
It
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I the und�ersi ed, a Notary Public in and for said County, d Stat , d ereby certify
that ��D i of the Castle Bank, as such appeared
before me this day in person and acknowledged that she signed, sealed and delivered said
instrument as her 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 3 ay of 1 I 009.
"OFFICIAL S AL" of Public
DANIEL J. KRAMER
NOTARY PUBLIC,STATE OF ILLINOIS
AIIY COMMISSION EXPIRES 4/2J2012
33
4
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 13 3, 5, 6, 8, 10, 11, 13, 15, 16, 19, 20,21, 22,23, 24, 25, 26, 28, 29, 30, 32, 33, 35, 37, 38, 39,40,
41, 42,43,44,45,46,47,48,49, 51, 52, 53, 54, 57, 58, 59, 60,61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 73,
75, 77, 78,79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92,93, 94, 95, 96, 97, 98, 100, 101, 103, 108,
109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 128, 129, 133, 134,
AND 135 IN BLACKBERRY WOODS, BEING A SUBDIVISION OF PART OF THE WEST HALF
OF SECTION 30, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2007 AS DOCUMENT
NUMBER 200700016272, IN THE CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS.
AND
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255; THENCE
NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY), 2148.14 FEET ALONG THE EAST LINE OF CONOVER'S
PROPERTY PER ALTA/ACSM LAND TITLE SURVEY PREPARED BY RB &ASSOCIATES
DATED 11-3-05 (DWG#2005-12650-002D)TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTHERLY, 502.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 3/4
INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RB &
ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE NORTH 01 DEGREES 18
MINUTES 22 SECONDS WEST, 739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707);THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2056.92
FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON RIDGE
SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE; THENCE
SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521.27 FEET ALONG SAID FENCE LINE;
THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET ALONG SAID
FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST,427.66 FEET
ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST,
102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE EXTENDED WESTERLY OF LOT
4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25
SECONDS EAST, 99.32 FEET ALONG SAID EXTENDED SOUTH LINE TO THE CENTER LINE
OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST,
48.00 FEET ALONG SAID CENTER LINE; THENCE SOUTH 09 DEGREES 24 MINUTES 52
SECONDS WEST, 15.30 FEET ALONG SAID CENTER LINE;THENCE SOUTH 88 DEGREES 45
MINUTES 41 SECONDS WEST, 2054.73 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
AND
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255; THENCE
34
J a
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY), 3389.57 FEET ALONG THE WEST LINE OF THE SAID
SECTION PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD.,
DATED 6-10-96 (NO. 5512-A)TO THE POINT OF BEGINNING AT THE FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707); THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2.19
FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVER'S PROPERTY PER
ALTA/ACSM LAND TITLE SURVEY PREPARED BY RB &ASSOCIATES DATED 11-3-05 (DWG
#2005-12650-002D); THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS EAST, 739.40
FEET ALONG SAID EAST LINE TO A 3/,INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST
LINE AS ESTABLISHED BY RB &ASSOCIATES PER THE AFOREMENTIONED SURVEY;
THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS EAST, 502.04 FEET ALONG SAID
EAST LINE TO A POINT THAT IS 2148.14 FEET NORTHERLY(AS MEASURED ALONG SAID
EAST LINE)OF THE SOUTHWEST CORNER OF SECTION 29,AFORESAID; THENCE SOUTH 88
DEGREES 45 MINUTES 41 SECONDS WEST, 2.48 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS.
AND
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389.57 FEET TO THE LINE OF
A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.
SPENCER; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID
FENCE LINE, 1040.11 FEET FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29
MINUTES 52 SECONDS EAST, 1019.00 FEET; THENCE SOUTH 12 DEGREES 48 MINUTES 42
SECONDS EAST, 521.27 FEET;THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST,
170.51 FEET;THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST,427.66 FEET;
THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET TO THE SOUTH
LINE EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION;THENCE
SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST,ALONG SAID EXTENDED SOUTH
LINE, 99.32 FEET TO THE CENTERLINE OF BLACKBERRY CREEK;THENCE SOUTH 30
DEGREES 04 MINUTES 31 SECONDS WEST ALONG SAID CENTERLINE, 48.00 FEET;THENCE
SOUTH 09 DEGREES 24 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30
FEET; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 1982.59 FEET; THENCE
NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST,219.50 FEET;THENCE NORTH 41
DEGREES 48 MINUTES 59 SECONDS EAST,44.63 FEET TO A POINT ON A CURVE; THENCE
ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 69 DEGREES 42
MINUTES 40 SECONDS EAST AND RADIUS OF 200.00 FEET, 150.29 FEET; THENCE NORTH 88
DEGREES 45 MINUTES 41 SECONDS EAST, 370.71 FEET;THENCE ALONG A CURVE TO THE
RIGHT HAVING A CHORD BEARING SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST
AND RADIUS OF 400.00 FEET, 130.67 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 17
SECONDS EAST, 52.67 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE
RIGHT HAVING A CHORD BEARING NORTH 34 DEGREES 36 MINUTES 38 SECONDS WEST
AND RADIUS OF 300.00 FEET, 179.41 FEET; THENCE NORTH 51 DEGREES 44 MINUTES 34
SECONDS EAST, 272.15 FEET; THENCE NORTH 38 DEGREES 15 MINUTES 26 SECONDS
WEST, 517.31 FEET;THENCE NORTH 36 DEGREES 03 MINUTES 53 SECONDS EAST, 176.55
FEET TO A POINT ON A CURVE,THENCE ALONG A CURVE TO THE LEFT HAVING A
CHORD BEARING NORTH 60 DEGREES 45 MINUTES 38 SECONDS WEST AND HAVING A
35
^ 4
RADIUS OF 350.00 FEET, 83.39 FEET;THENCE NORTH 22 DEGREES 24 MINUTES 51 SECONDS
EAST 233.06 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP,KENDALL
COUNTY, ILLINOIS AND CONTAINING 34.05 ACRES.
AND
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 18
SECONDS WEST ALONG THE WEST LINE OF SAID SECTION, 3389.57 FEET TO THE LINE OF
A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.
SPENCER; FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52
SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET;THENCE SOUTH 22 DEGREES 24
MINUTES 51 SECONDS WEST,233.06 FEET TO A POINT ON A CURVE, THENCE ALONG A
CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 MINUTES 38
SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET;THENCE SOUTH 36 DEGREES 03
MINUTES 53 SECONDS WEST, 176.55 FEET; THENCE SOUTH 38 DEGREES 15 MINUTES 26
SECONDS EAST, 517.31 FEET; THENCE SOUTH 51 DEGREES 44 MINUTES 34 SECONDS WEST,
272.15 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING
A CHORD BEARING SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT
RADIUS, 179.41 FEET,THENCE NORTH 72 DEGREES 31 MINUTES 17 SECONDS WEST,52.67
FEET TO A POINT OF CURVATURE, THENCE ALONG A CURVE TO THE LEFT HAVING A
CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST AND 400.00 FOOT
RADIUS, 130.67 FEET;THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 370.71
FEET TO A POINT OF CURVATURE;THENCE ALONG A CURVE TO THE RIGHT HAVING A
CHORD BEARING NORTH 69 DEGREES 42 MINUTES 40 SECONDS WEST AND 200.00 FOOT
RADIUS, 150.29 FEET; THENCE SOUTH 41 DEGREES 48 MINUTES 59 SECONDS WEST,44.63
FEET; THENCE SOUTH 29 DEGREES 14 MINUTES 19 SECONDS WEST, 219.59 FEET; THENCE
SOUTH 88 DEGREES,45 MINUTES 41 SECONDS WEST, 74.62 FEET;THENCE NORTH 01
DEGREES 14 MINUTES 18 SECONDS WEST, 1241.43 FEET TO THE POINT OF BEGINNING IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 25.95 ACRES.
36
STATE OF ILLINOIS )
COUNTY OF KENDALL )
CONSENT TO EXECUTION OF DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR BLACKBERRY WOODS SUBDIVISION
The undersigned Castle Bank does hereby consent to the Declaration of
Covenants.
NOW COMES CASTLE BANK N.A. as Mortgagee and Assignee of McCue
Builders, Inc., an Illinois Corporation and as current owner agrees to enforce the
Declaration of Covenants,Restrictions, and Easements dated March 1, 2009 by McCue
Builders, Inc.
Castle Bank N.A.
By:
Author'z d Agent
1,the undersigned, a Notary Public in and for said County, in the State aforesaid,
CERTIFY THAT Stanley J. Free personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in
person, and acknowledged that he signed, sealed and delivered this instrument as his
free and voluntary act, for the uses and purposes therein set forth, including the release
and waiver of the right of homestead.
Given under my hand and notarial seal this �� Day of ��t u ,
2010 .
Notary Public
'OFFICIAL SEAL'
SUSAN SCHAFER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 04/06/201-1
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S Bridge Street
Yorkville, IL 60560
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ASSINMENT OF RIGHTS UNDER DECLARATION OF COVENANTS,
RESTRICTIONS, AND EASEMENTS
NOW COMES ASSIGNOR, CASTLE BANK,N.A.,the owner of certain lots
within Blackberry Woods Subdivision, a description and copy thereof which is attached
hereto and incorporated herein as Exhibit "A"and Assignee, Crestview Builders Inc.; and
Assignor does hereby Assign and convey and set over onto Crestview Builders Inc., an
Illinois Corporation any right,title, interest or enforcement powers Castle Bank N.A. had
as Declarant under the Declaration of Covenants, Restrictions, and Easements of record
for Blackberry Woods Subdivision, Yorkville, Kendall County, Illinois originally dated
March 1, 2009.
IN WITNESS WHEREOF each party has executed this Assignment and
Acceptance thereof the date indicated beneath their signature.
CASTLE BANK N.A.
BY:
,rte
Autho -zed Agent/
NOW COMES CRESTVIEW BUILDERS, INC. which hereby accepts all rights,
ownership, and duties as Declarant under the Declaration of Covenants, Restrictions, and
Easements of Blackberry Woods Subdivision, Yorkville, Kendall County, Illinois.
CRESTVIEW BUILDERS INC.
BY:
Ronald J. Wehrli,Pre, dent
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
STATE OF ILLINOIS )
COUNTY OF KENDALL )
FIRST AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS,
AND EASEMENTS FOR BLACKBERRY WOODS SUBDIVISION, UNITED CITY
OF YORKVILL, COUNTY OF KENDALL, STATE OF ILLINOIS
NOW COMES CASTLE BANK N.A., as the current record title holder of 102
buildable lots in Blackberry Woods Subdivision, located within the United City of
Yorkville, and 3 lots which are to be retained as open space and conveyed to the United
City of Yorkville,which in consideration of the purchase of the 102 buildable lots by
Crestview Builders Inc. agrees as follows:
1. That Castle Bank N.A. as the record fee titleholder of 135 lots of Blackberry
Woods Subdivision located in the United City of Yorkville,being a majority
of those lots platted,hereby assigns onto Crestview Builders Inc., an Illinois
Corporation or any nominee or assignee designated by them all rights of
enforcement to the development of lots within Blackberry Woods
Subdivision, and the right to act as Declarant and the enforcement authority
until statutory turnover of said Homeowner's Association is required by
Illinois Statutory Law.
IN WITNESS WHEREOF the undersigned has executed this Assignment this
�Z�ay of June, 2010
CASTLE BANK N.A.
BY:
Authoriz Corporate Representative
Subscribed and sworn to before me this day f L SEAL "
DAN J. KRAMER
NO UBLIC, STATE OF ILLINOIS
COMMISSION EXPIRES 4/2/2012
Notary Public
The undersigned Assignee of Castle Bank N.A.,being Crestview Builders Inc., an Illinois
Corporation hereby accepts an Assignment of all rights appurtenant to the Declaration of
Covenants, Restrictions and Easements for Blackberry Woods, United City of Yorkville,
County of Kendall, State of Illinois as Declarant under the terms of said covenants,
conditions, and easements of record for Blackberry Woods Subdivision located in the
United City of Yorkville, Kendall County, Illinois.
Prepared By:
Law Offices of Daniel J. Kramer
1107A S Bridge Street
Yorkville, IL 60560
Return to:
Crestview Builders
4431 White Ash Lane
Naperville, IL 60564
Legal Description
Lots 1-135 of Blackberry Woods Subdivision, United City of Yorkville, County of
Kendall, State of Illinois
ATTACHMENT
TO
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
OF BLACKBERRY WOODS SUBDIVISION
YORKVILLE, KENDALL ,ILLINOIS
CONSENT
The undersigned party with contract interest for Blackberry Woods Subdivision, Yorkville,
Yorkville County, Illinois, consent to the foregoing Declaration of Covenants, Restrictions and
Easements and agree that they their successors in interest to the real estate shall be bound by all
of the terms and conditions thereof.
Lot Purchasers:
(b"v �L
-,--�V
Dated:
McCue Builders, Inc.' A�
William R. McCue, Its President
Attest: C ;. Q " J nr-►�.r,-,
Dated:
These Covenants and Restrictions of Record and hereby confirmed and ratified by CASTLE
BANK N.A. as "DECLARANT".
CASTLE BANK N.A.
ej
DATE 3®
37