The URL can be used to link to this page

Ordinance 2014-23 a0140001 -32G& DEIBlEC I E G I LL_ETTE KENDALL COUNTY, IL. RECORDED: 9/25/2814 3:88 PM ORDI: 182.88 RHSPS FEE: 18.88 PAGES: 57 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2014-23 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JACKSON STREET AND FREEMONT STREET IN YORKVILLE, ILLINOIS (HEARTLAND MEADOWS) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 27`"day of May, 2014 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 16,2014. Ordinance No. 2014- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JACKSON STREET AND FREEMONT STREET IN YORKVILLE, ILLINOIS (HEARTLAND MEADOWS) 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, pursuant to the Illinois Municipal Code (65 ILCS 511-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for and allow the classification of planned unit developments in its zoning ordinances; and, WHEREAS, pursuant to the Yorkville Zoning Ordinance (the "Zoning Code"), any property under single ownership or unified control may seek a planned unit development for the development of such property in the zoning district in which the land is situated; and, WHEREAS, under the authority of the Zoning Code, the property at the southwest corner of Jackson and Freemont Streets in Yorkville, Illinois (the "Subject Property"), legally described in Exhibit A, attached hereto and made a part hereof, is located in a designated R-2 One-Family Residence District; and, WHEREAS, the Corporate Authorities have received a request from Marker, Inc. for a planned unit development for the Subject Property seeking the following variations as part of the planned unit development: 1. Reduction of the minimum lot size requirement from 12,000 square feet to no less than 5,000 square feet as illustrated in the Preliminary Plat of Subdivision attached hereto as Exhibit`B" 2. Reduction of the minimum front yard setback from thirty feet (30') to twenty-five feet(25') 3. Reduction of the minimum rear yard setback from forty feet (40') to twenty feet(20') 4. Reduction of the minimum side yard setback from 10 feet or 10% of lot width, whichever is greater, to five feet(5') 5. Reduction of the minimum corner yard setback from thirty feet (30') to ten feet(10') 6. Increase of the overall maximum lot density from 3.3 dwelling units/acre to 5.797 dwelling units per acre (net) or 4.59 dwelling units per acre (gross) 7. Increase of the maximum lot coverage from thirty percent (30%) to a maximum of seventy percent (70%) with an overall development lot coverage of twenty-two and five tenths percent (22.5%) 8. Reduction of the required land-cash valuation per improved acre of land from $101,000/acre to $30,000/acre to be paid proportionately at time of building permit issuance, as described in Exhibits "C" and «D„ Ordinance No. 2014-oZJ Page 2 9. Waiver of the one (1) year recording and approval provision of the Illinois Compiled Statutes between the approval of the overall Preliminary Plan and the Final Plat for each unit of the subdivision being recorded, to allow the developer to record the Final Plats for all the units within the subdivision no later than eight (8) years from the date of approval of the Preliminary Plan by the City Council. WHEREAS, notice of a public hearing before the Plan Commission on the proposed planned unit development was duly published in a newspaper of general circulation in the City; and, WHEREAS, the Plan Commission convened and held a public hearing on the 14th day of May, 2014 on the consideration of the proposed planned unit development; and, WHEREAS,the Plan Commission reviewed the standards as required in Section 10-13-10 of the Zoning Code, and made a recommendation to approve the proposed special use for preliminary planned unit development subject to certain conditions with a vote as follows: Lindblom-nay; Crouch-nay; Kraupner-aye, Horaz-nay, Baker-nay; Cesich-nay 1 aye; 5 nays; and, WHEREAS, the Corporate Authorities have reviewed the Plan Commission's recommendations and hereby approves the special use for preliminary planned unit development plan of the proposed development subject to conditions hereinafter stated. 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 Mayor and City Council hereby approve as a special use a planned unit development and its Preliminary Planned Unit Development Plan dated last revised May 7, 2014 prepared by James M. Olson and attached hereto and made a part hereof as Exhibit B for the Subject Property subject to the following conditions: A. That the development shall be constructed, operated and maintained in accordance with the following plans and diagrams: 1) Civil Engineering Plans, dated May 8, 2014, prepared by Tebrugge Engineering, Exhibit «E„ 2) Landscape Plan, dated last revised May 8, 2014, prepared by Tebrugge Engineering, Exhibit"F" 3) Building Elevations, prepared by Marker, Inc., Exhibit"G" 4) Homeowners Associations Declarations,prepared by Marker Inc., Exhibit"H" B. That the development shall be constructed, operated and maintained in accordance with the following conditions: 1) The development shall be constructed and operated as an age-targeted community with occupancy of the housing units restricted to at least one principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from the approval of the Final Planned Unit Development plan. Ordinance No. 2014-Q:3 Page 3 2) Approval by the City Engineer of preliminary and final engineering plans, 3) Alexandra Lane will be a public street designed with a sixty foot (60') right-of-way with parking restricted to the side of the road opposite the water hydrants. 4) The roadway for Alexandra Lane will be constructed as thirty feet (30') in width back to back. 5) Sidewalks along Alexandra Lane shall be five feet (5') in width. Sidewalks along Bristol and Jackson streets shall be four feet (4') wide to match existing sidewalks. Sidewalks along Freemont Street shall be five feet(5') wide. 6) All driveways facing Bristol Street and Freemont Street shall be lined up with the existing driveways as much as possible. 7) The maximum building height shall not exceed thirty-five feet (35') or two and one-half (2.5) stories. 8) Upon approval of the Preliminary Plan, the City agrees to vacate such easements necessary to develop the property. 9) Mailbox locations for individual lots will be restricted to one side of the street or the developer may provide cluster box units at the entry of the development. 10) Parkway trees shall be installed in the front yards of each residence and not in the parkway. Parkway trees shall be guaranteed for two (2) years upon issuance of final occupancy permit for each lot. 11) Sump pump discharges do not have to be connected to the storm sewer system and may be allowed to discharge above ground. 12) The detention basin shall be designed as a dry bottom system. 13) The development shall be required to adhere to the City's Appearance Code and no single-family detached residential unit shall be similar in appearance unless two (2) or more buildings of dissimilar design separate the buildings. All elevations submitted shall be in color with front, rear and side views, and indentify materials for all elements of the building. 14) Masonry products shall be incorporated on the front fagade of at least seventy-five percent (75%) of the total buildings and shall incorporate a minimum of fifty percent (50%) premium siding material on the front fagade. 15) The developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District#115 that the School Transition Fee shall be waived on all single-family residences within the development due to it being an age restricted community in conformity with the US Housing and Urban Development standards, Exhibit"I" 16) The developer shall be permitted to develop the subdivision in multiple phases of Final Plats after approval of the Preliminary Plat of Subdivision and the Final PUD Plan. Each Final Plat within said subdivision shall be recorded prior to the issuance of a building permit for a lot within the area affected. 17) The developer shall create an Illinois Not-for-Profit Corporation for purposes of providing maintenance of common detention areas, signage, and any other open space or common areas contained within the development. The Homeowner's Association shall have the primary responsibility for the maintenance of all the above-described areas. In the event the Homeowner's Association fails to carry out its obligations, the City may establish a back up or dormant Special Service Area(SSA). 18) Developer shall be permitted to construct residences on Bristol Avenue and Freemont Street once improvements are made on-site and a Final Plat of Subdivision is recorded for that particular unit of the development. Ordinance No.2014-a 3 Page 4 19) Developer may obtain no more than three (3) model home building permits prior to the completion of all public improvements so long as the Owner/Developer does not seek any temporary or permanent occupancy permit of those model units for sales purposes or occupancy prior to completion of public improvements providing utility services both public and private to those model units. The developer may begin construction of a model home prior to infrastructure being completed. 20) Minor modifications or deviations which are diminimus in nature as defined in the Planned Unit Development ordinance may be approved administratively without City Council approval. 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 92014. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER _ JOEL FRIEDERS ROSE ANN SPEARS IT DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this oQ day of Jump— 2014. JA& MAYW Ordinance No. 2014-o�3 Page 5 Exhibit A Legal Description of Subject Property with Property Index Number(s) Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF GALE'S ADDITION TO BRISTOL DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF PARK STREET WITH THE EAST LINE OF BRISTOL AVENUE; THENCE NORTHERLY ALONG SAID EAST LINE; 80.0 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTH LINE 30.0 FEET TO THE CENTER LINE OF BRISTOL AVENUE; THENCE NORTHERLY ALONG SAID CENTER LINE 159.93 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 210.0 FEET FOR A POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 100.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 210.0 FEET TO SAID CENTER LINE; THENCE NORTHERLY ALONG SAID CENTER LINE 392.25 FEET TO THE CENTER LINE OF JACKSON STREET; THENCE EASTERLY ALONG SAID CENTER LINE 779.34 FEET TO THE WEST LINE OF A SUBDIVISION KNOWN AS "PRAIRIE PARK, YORKVILLE, KENDALL COUNTY, ILLINOIS"; THENCE SOUTHERLY ALONG SAID WEST LINE 308.91 FEET TO AN ANGLE POINT IN SAID WEST LINE; THENCE SOUTHWESTERLY ALONG SAID WEST LINE 439.91 FEET TO A LINE DRAWN PARALLEL WITH AND 80.0 FEET NORTHERLY OF SAID NORTH LINE OF PARK STREET; THENCE WESTERLY ALONG SAID PARALLEL LINE 250.93 FEET TO A LINE DRAWN SOUTHERLY PARALLEL WITH THE EAST LINE OF BRISTOL AVENUE FROM THE POINT OF BEGINNING THENCE NORTHERLY ALONG SAID PARALLEL LINE 260.41 FEET TO THE POINT OF BEGINNING IN THE CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS. P.I.N.#02-28-353-011 and 02-28-376-001 Exhibit B Preliminary Plat of Subdivision for Heartland Meadows a Planned Unit Development Preliminary Plat of Heartland Meadows Subdivision Yorkville Kendall County //tinois A Planned Unit Development ol 1 ______ Lross Nao M parcel a B.9N ocns JBB lI0 !JJ H 1 _ _ �Lwro9a�blf 1 e`;h P�. ..s' _�_ __✓_OC k_s pn Ma,,,a,nH r=;"l- -p s2J a -,F a♦�v.cr5r re9 s 6Jka 4„s�a.. s�r.,Sm re s;./Street I 1_111;1 9ros <7 sB! �v rLt'__ ,var�a<,:;b - s191/— S 1 'WW eo h L-rr nsi! '`68. _ ,6_ SJ66 e 1 6 20 21 ens j6 6 , 21,9 son 9 1 W 40 h� z2 ti,$, 1 z) s9aa 1 zlez-Jr son 1 5 ° a� W 19 41 1 s J 22 10 o p o ; S- m� , 6 y ,wm v ,o9m b R 39 o Bsz f 41 s n 1 4 11 ! 23 v B n n• 42 1• 6 5 10 a I J8 1 I(yLw O /g9,OO' '. O 'R 3V .110 acres 1 o k ° ' rh 1B)msh 3 a"n e 17 24 �. 12 a O ° 43 Easr al ma aa><;Fa'.w.,eaa aw can of care s.eelbaa ro e„rra n a 1 m° rcoa°0 Pow'_l. ° e 9a„ 1 1 1 �oa,�ar a.nn0 m,l:9,a./hn.r y y 9amar M9,.lL,nea`9 s s 9�n nE ro.r a yae a„e 9s aH M,roa rearo r,f anmasa a a rJr,on9aazr e a z 37 aw m M ---'2= 16 25 _ __2 44 ° o s9 rra a sn,dv na oa M e m z ro,Lo a a,.a,t s taa,a eaar M,eM aa ro ro a.B aa1sn59Ma 9u h�9 M9 9 J./be«�Na::s aE aMraa�Ma w;s r Mcsre In.rn.a an.;aY c <a . s y ° 1 ° 21s5----------- __- 26 atJ, �1 1 a ilM i9 a.sFss.�a mcw.b w aI�a ian o y s a aa nva24 aya�:ro9 J M u✓�o f Ls." m`m„oa 14 45 il ,.m;r 6 aua..a9Ka.m9 M,F✓w�v ro cr t a a ar e°m sa obn�.m.arw aror.;�maaaoa�i.,.a ,m�e o.soa`rwa ia m w' )sat ^�d'8 35 a M.a:.-aa,aaewr caaarY.maF,s Location SketchyAdjoining Zoning 'bra ¢ ry 'OSZ� NbwA 5&-f w ti 46 � 34 27 8 28 $ ` — w 8 29 8 33 S 30 8 31 8 32 .•;i'J rypicol Lot Detail so o snm. LP .,r 9 Sala' OY'� 5020' 6211' ' �• � cw w e�sr'.a�.,,��+,�ssnihr %r:.�:.r- '•°:;1 Apl�a��ar°'�0- 1 '_ Street IB o ma a 69a,�% na v aee s e a m 8,914 .E. Srdmrorr Oerw+Fw+Emannl - ` 20'tea).Fe semacY I I aM IS B.U.aM OE 47 d`,'wa" `, `�._p-_____ 25'Oonf Yoe semvc �I ti 1 s'Sob rare w,n'b ' � 175 /)s' s+w•N I'r__ O .a+»ta.z bos6B ' � ;�/ R,� lo'� r/nnb aae � � sro�E wrote'�-ar assaL:aras.e.a. (F.�•; ..r m e,l � � '- YM«H. Ls'sMe yore sefnoc+ 2 9J riwe0 6y Ma„ rero:s Rohsso+M Lab Swrepr No. Xll4 Jareza�son arsxu J0. 25 - .rn�If /O)IYesf�'mn Sneer �* E0560(601551-n50 Yd/„Je RIa°° ~ 5 •w ' 4 ?ensee try 1.-14 1, - Exhibit C Land Cash Calculations United City of Yorkville Land Cash Analysis for Sample 21-May-14 Development ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENT JHS HS ADULTS TOTAL DETACHED SINGLE FAMILY 2 BDRM 0.102 0.191 0.054 0.057 1.694 2.098 3 BDRM 0.254 0.44 0.126 0.179 1.921 2.92 4 BDRM 0.413 0.665 0.19 0.34 2.142 3.75 5 BDRM 0.236 0.488 0.139 0.249 2.637 3.749 ATTACHED SINGLE FAMILY(TOWNHOMES&DUPLEXES) 1 BDRM 0 0.064 0.018 0.037 1.068 1.187 2 BDRM 0.092 0.198 0.056 0.074 1.776 2.196 3 BDRM 0.231 0.298 0.085 0.103 1.805 2.522 4 BDRM 0.332 0.452 0.13 0.205 2.243 3.362 APARTMENTS Efficiency 0 0.064 0.018 0.037 1.36 1.479 1 BDRM 0 0.64 0.18 0.038 1.749 1.869 213DRM 0.042 0.16 0.045 0.079 1.614 1.94 3BDRM 0.05 0.339 0.096 0.153 2.499 3.137 DEVELOPMENT SPECIFICATIONS Detached Single Family = Attached Duplex Attached Townhomes = ;. Attached Apartments Total Units = 46 POPULATION CALCULATIONS %of Units with JUNIOR HIGH HIGH TYPE BDRM Number PRE-SCHOOL ELEMENTARY SCHOOL SCHOOL ADULTS TOTALPE DETACHED SINGLE FAMILY 2 BDRM 100% 4.692 8.786 2.484 2.622 77.924 96.508 3 BDRM 0% 0 0 0 0 0 0 4 BDRM 0% 0 0 0 0 0 0 5 BDRM 0% 0 0 0 0 0 0 TOTAL 100% 4.692 8.786 2.484 2.622 77.924 96.508 ATTACHED DUPLEX 1 BDRM 0% 0 0 0 0 0 0 2 BDRM 50% 0 0 0 0 0 0 3 BDRM 50% 0 0 0 0 0 0 4 BDRM 0% 0 0 0 0 0 0 TOTAL 100% 0 0 0 0 0 0 ATTACHED TOWNHOMES BDRM 1 0% 0 0 0 0 0 0 BDRM 2 100% 0 0 0 0 0 0 BDRM 3 0% 0 0 0 0 0 0 BDRM 4 0% 0 0 0 0 0 0 TOTAL 100% 0 0 0 0 0 0 APARTMENTS 0 Efficiency 0% 0 0 0 0 0 0 BDRM 1 0% 0 0 0 0 0 0 BDRM 2 100% 0 0 0 0 0 0 BDRM 3 0% 0 0 0 0 0 0 TOTAL 100% 0 0 0 0 0 0 PARKS CALCULATION Land required for detached single family 0.965 acres +Land requirement for attached duplexes 0.000 acres +Land required for attached townhomes' 0.000 acres +Land required for apartments 0.000 acres TOTAL PARK LAND-CASH REQUIREMENT FOR DEVELOPMENT 0.965 ACRES Total park land-cash requirement for development 0.965 acres -Park acreage dedicated N2991ARA acres REMAINING UNFULFILLED LAND-CASH REQUIREMENT 0.965 ACRES Remaining unfulfiliing land-cash requirement 0.965 acres x Current land-cash acreage value M' � .. re,per REMAINING LAND-CASH REQUIREMENT LAND VALUE $28,950 What amount(if any)will be paid up front by the developer?mkov REVISED PARK LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: $28,950 Unit PE as%of Total PE Single Family PE 96.508 100% Duplex PE 0 0% Townhomes PE 0 0% Apartments PE 0 0% Single Family Permit: $629.35 Duplex Permit: NIA Townhomes Permit: NIA Apartments Permit: NIA SCHOOL COMPUTATION DETACHED SINGLE FAMILY ACRE REQUIREMENT ATTACHED DUPLEX ACRE REQUIREMENT Elementary 0.304 acres Elementary 0.000 acres +Junior HS 0.092 acres +Junior HS 0.000 acres +High School 0.219 acres +High School 0.000 acres TOTAL 0.615 ACRES TOTAL 0.000 ACRES ATTACHED TOWNHOMES ACRE REQUIREMENT APARTMENTS ACRE REQUIREMENT Elementary 0.000 acres Elementary 0.000 acres +Junior HS 0.000 acres +Junior HS 0.000 acres +High School 0.000 acres +High School 0.000 acres TOTAL 0.000 ACRES TOTAL 0.000 ACRES TOTAL SCHOOL LAND-CASH ACREAGE REQUIRED: 0.615 ACRES Total school land-cash acreage required 0.615 acres School acreage dedicated acres REMAINING SCHOOL LAND CASH REQUIREMENT 0.615 ACRES Remaining school land-cash requirement 0.615 acres x Current land-cash acreage value ep r acre REMAINING LAND CASH REQUIREMENT VALUE $18,450.61 What amount(if any)will be paid up front by the developer? 0- .�, REVISED LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: $0 Fee Waived by SD#115 Single Family Permit: $0.00 Duplex Permit: NIA Townhomes Permit: N/A Apartments Permit: N/A Exhibit D Building Permit Fee Sheet HEARTLAND MEADOWS FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $0 (see note"a"below) Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400 (see note"b" below) United City of Yorkville Fees 1. Building Permit (see note"a"below) Cost$650 plus$0.20 per square foot $650 +$0.20(SF) 2. Water Connection Fee $3,700 3. Water Meter Cost Detached Units $435 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Bristol-Kendall Fire $1,000 Engineering $100 Parks and Recreation 50 Development Fees Total $4,409 $4,409 8. Land Cash Fees Park (see note"c" below) $629 School (see note"d" below) Land-Cash Fees Total $629 $629 Note: PUD agreement specifies that these fees are not applicable: a. Fee waived per Letter from School District b.Already annexed in YBSD service area c. Developer to pay at time of permit d. School Impact Fee Waived by SD#115 per PUD Exhibit E Civil Engineering Plans CIVIL ENGINEERING PLANS FOR HEARTLAND MEADOWS SUBDIVISION - LEGiND SECTION 28, TOWNSHIP 37 NORTH , RANGE 7 EAST LOCATION MAP YORKVILLE, IL 60560 NTx KENDALL COUNTY w OUR"mm . .Im MARCH, 2014 ° —•+—«[— oa1"o w IoM¢ 01!1910 90.O1CK �t�y�pI�Mp —a7i— moca 0 No"tMS M�S.OJ.1aJCdi•Ylt"[ iwu •.v..y "^_• .�' �.�° —.—+ MNO"m tl1TOIWN µ 1 --- pmm ON.ma WARNING r. --w—.w—w— iROMOR0 s9wrew an■■UC. (a9N m N[•ap 19 1!) 1 welywa faT N p 1 i7ORAN'S BS POUYT Rt L"r.M'NO►lAli mpow OCa smas UO I. tr0"WT■R/01 rm tOCAItp1 ...�� .--,„• ��...•+�w,.. .. � 'R- ORWMRIIONOW[7 $ u••.w A R' a —w—aw— M9060W•■RUC S: amewa IAR —. —. 0101M 101[6"0 y ■. V7tf1YPIM f'..1 '�` y —.—�— ROW[O IL,f.ILS T. ORION" 99t, ! _ • •"•~� R .w.: ~i F .MII" oul"m OW SOT a a 9IRIHIS PLAOaMfNa O OWN MOM04m mr*w % VMTRI.MIRFlJ"t PROIRRM '+••2. „wu ^�wY- I>MT MCM M NWRMYRMad 9Ni.h -r -•. !-MOY .: 11.CAWARYFLN! M %; ►ROWAN . A A NYM.WI 9R ROAOMRVIaWRE w+ --•+-...w .w.»'. N M WlK 11 OO.Mt ROTOaoara" .:, •.a�-..,. '�[+um•-.s ® ® ■-117 CALL BEFORE 1L 4010MMOTlM401TA aI YOU DIG ,1 allaRK"WISSORTA"M1 ta 9,aM: m t,-=m 'a L-AVSG Fl " pp .MIT w M.N RU v • •`"�°° BB�ICt MARKS SN9TMM . . atwlnn O Tp MOR A Mc N10RCIi=% .■IW W US If O O `°'°1010 MpElOIK aNtaerM eolrw9.,R• sNRCr Mr J f.1,T.OR MMLIOLSMQ1 m1n«te MM G 1EIFRAN6 PNWI-SOI7[iD a0!R'aN110R..ao1•ITr a wcMl RZA"m-m,76 OMw■q ■ RO.M W0000 ..e.• U1s11V M01c VORICKM R SOW �1,101Y a 1v1111CQ. 11{0119 MMMIriOw OM[e[MRVW aMUgo�L Na�aWaNr�aMlRir-awr na7l -. 'PXu MN Nn MC[100. f7b1E•(a]0)553-3322 y Aot" iC�OiaCIMR{rOR we °s iK a1FMT N®gyp'l n rsmw Mi NUS'No 0'ice,aslmw ommuc a+1wsw a OHM M o m w■[r i tO60E a.Ut w%"t xu t0 M ■V O/w M NLW w..ax1.O-0 0) ■tlM9N 9 /OS1l � P.0.MON 3% 1M NW76NM OR. A uw,o m a T1MM1•t[CO•AOL No19a1af I7 PLAW• NIM t bi01 Vp•[Ma1[ I� mI■ODiO /ry�1 ry taw a3M OLSZIl10 (/ RAW7*.axe■9010 RI) OVO9.AW RCIR ® Qt:1Rrr.VMRT 'NIt -1+M NAM OMRTON lC�{�1 ETJET 1w,H. IMt-M NOM. spM •)om OfY af'IgC"mom NARMOR M . aM W WE wR.TEpuOwDww mw wr HEd buw M 1NO�1eur �a v -—--—--—--—-- —'u>CX�jOg S EET R, w. ��. Tom; /T/ ---�--- u ®tea...._ p�°�A., .._».w_..,.=- LEV @ 64% Mn ;4JE 7,1935 ACRES EXCLUDING ROADWAY ELM STREET Jklt\1 —————————— —— .. ..... TEBRUGGE ERNGEMEEKIN c; HEARTLAND MEADOWS SUBDIVISION MARKER, INC. 608 E VETERANS PKWY SUITE ID, YORKVILLE, IL EXISTING CONDITIONS & DEMOLITION PLAN ............. ---------- --——----------- �- --- TYPICAL SOIL PROTECTION CHART lit --4 1I Lr' ^j-"" ij _•'�� SOIL EROSION/SEOISI-EENT CONTROL x l '�- " i �_✓�'y �- ! .y. i 1 a..Aw / oPErtanoN TIME SCHEDULE' —wc wroxcr x�ixc i v-• 1 � 1 1 7- d '✓ d '��'0��.....�.p � T c..an« �I\{ ��__�1�'� � � 37 1 / / i � � ��s�ri -'�, 1•r 1 b r.G q>.c sows mc+�c.,,uacc a aw.rnr. .rd ;� �.w.m,k {• ;u IQ's �'✓;u' = . 111�° — J i �.._..�._..w_� f � r'ZT"-�'JI ` h^ � I ,n•aC �•'l a.o..e ,�°,.r a e fa-""` 14 _ ,.�«.oa»�_�.w��,.��„a-��w..�.w.,.f.aw.e,w.,e.e.<"..� �{ 1 yr,..wm d �.�'- L�`'��' r. ''•- -� a � � I � ...uo.:m..,..are:na:o-°i+`°w+'o'a ,z ELM STREET �,� ;w.,: '° �:">`u,,. a' "f. • '°. �, er..xm'+� �°� • ,,,Y,,,ryg,J+� ypC.--d-" . � �3• -.....- :,p&-mc.rs�.0 a.wpm,o -om:�ww�r.ux�•..`.0 x.o.'"".um�K v m`ue mb1s a Jam-=•- .��"a i �s � S S �� r �` S �"�.�.a'e`w"°°<.01OOi.�.,e:*c n.m u v.m`n.�w.%n ae'°`..o�`ew<+c,wx"•w"s,rs'"`,ws / i i��`aii� q\ S .'cc . "°`-nr.�w.w.,.am x o"`ia.�w av em.«.`cc'a w°'rs em.'°'°.r+w..m•ovx`w.eK u 21-.,.w1�V*''-w-\1��,�.w..l�ll✓� \ :x'PwK 1- \{ \ /�1y�1, i �� '////t � \� was mw«u°'•°",xia n``wa°W°Y°.c cWiow.us w..c�u..a..m we.�e m.a..�w a fv.,..rm«wi a.0 \1 "` � I / �i ` �°tf��"',.��,,,wu°pm�axM,°i•i:is m eaw u n�'«"imo.w,'"`ir w"'°"'"io:`.,a�'�x a.a nrcPA0�vd01p'0M ` `\ \\4. r .w- \ Jti If//� 1\` r•eeamf ,x"'°aro"°'ses'w_v.n".w,6m._ ///a s,xuw.rts amuw �•a9°Pi --02— /��'ap�/°he� \'>\• ewmmwuc/wc��w+e�� e�wwfa aua www w oan,e.wvr.,.wee m 5 \ \ t11i�i O ��/y! \ � ®..-o-.�..e.....� - •w r.w.w.mn ccu ec�c " ��♦ I -��':*«'°*� ..,�? rya /j/ ACREAGE SUMMARY - ."`.fwc.ww u�ur s,.xn f.cfs wm.-.. �,:i+��w.w>,c awxo•c r.n, ,r: .... ...... ARTLAND MEADOWS SUBDIVISION „T'EBRRUGGEEINGINEERING a ° °' ° HE '"° ""'" r f•oazca.n..wan.„,.. MARKER, INC. sc..c r-4e 3 60B E VETERANS PKWY SUITE ID.YORKVILLE.IL STORM WATER POLLUTION PREVENTION PLAN !WF- :.1.« auswms —zr—_- 0�FOM P� U- gg HER mm miEcrim—PAxo AREAs Jn -lu "Iti Z� LL g, A-W w. I_TEBRUG IE HEARTLAND MEADOWS SUBDIVISION MARKER. "" -1 INC. 4 WE ENITGWEEIIIN .:z::::4- SOB E STORM WATER POLLUTION PREVENTION PLAN VETERANS PKWY SUITE 1D, YORKMLLE, IL ........................ } ---_----------- � J. ` __ _ T CKSON TREE7r � - � -----�---�--` �p-. � / I _ -(`��-�- - __ - '`�"�4°'"-°fie=� '' t>�:��-•=�, .� _ +�,��„ ° : }-� R�' , 9\� �'7"'` ,.�.�roaca .3.` a 2 r— \ ,..�.�I 1 •� - '�_. i � _--_ ' 1 r I / !I I scN E sE°aExxs j, R y; c uw 20\ 1. I I , la' {•'_'I..' a R �L — _ `�:, a fir ' :� -- j — <, I I .� \� r,,e ✓ rR-.:0- ti I TR_L�6 - \r>csx+o-- Lx- 122 tw ' 6 I �.' I r 16 r _uaao 1 ,r? TR-e».u�1 a� ✓ ,l css.eo__- I t L-- ES1 i ' 4L f.�✓I,{ -�,�--i ! 17 1 y f 2� ' . S¢ I� rR-LRS= I I� :R-us.x r i t I I ,TR.Lmas _—' '"'t / �-_'.- •p F l Ij- T\-asst° I I XIF- UM e' F \ F� �' aaa, I i I y a l I 45 rR-uapx\ {✓ }3 I I rR-uaao iR-u..r° I I� a iet_—�.✓ +' � I _ t- ° �z-� as ✓ l.-.�.�J� I L 14�-I� 'K'F 1 _ar. +�°y'4� ✓�Y ://.wwu / ✓I _-area: Ww ELM S k� I ' r i G 1 I [[["' 27 I F 28 i ,a 29 ' I J6 J, I I I 32 .� rR-eSa.mj;IrF.LSa.S01i ItR-LU.m\ ,TR-LXSO,lI'R-a"�']° `tea /j,, y \ • I =� to L°.aaP N my i \. „TEBRUGGEENGINEERING HEARTLAND MEADOWS SUBDIVISION "`°"° MARKER, INC. r«m• r� 608 E VETERANS PKWY SUITE 1D, YORKMLLE, IL GRADING PLAN o.Tr:: x+r.+. or+°satcTs J CKSO EET N=Z.—K A A E. A 47 Vw- 4: 23 J lll� th 1,1 '5 jj& LL i= _j ELM STREET At E W JT I tip___-__---- -- T". 4Z) A=wrs ar A=7.7smr ©Z=--n �ftwTEBRUGGE ENGINEERINQ W. 1 WiVAg, w. HEARTLAND MEADOWS SUBDIVISION ""0" MARKER, INC. "IF 608 E VETERANS PKWY SUITE 1D, YORKMLLE.IL UTILITY PLAN ---------------------------- ............ O ?� .^": •"7ACKSON STREET ` 1 '1 -- T ✓�L..1� . r 1_ II�_�a __ 47 41 F /J�� ! ! I %-✓ 1 1 ' I ! !I 1r �� --_ ., �n FRONT VIEW 19 {-1 NOTE: H.W.L. 631.50 L"IS SIZED TO PASS 1 " 100 YR E6ENT WITH IF �--• ,I '�` ` ONE FOOT DEPTH OF 6 •-'i_= 1 �IITT 1 WATER SIDE ME W CONCRETE QV RFLOW DETAIL R I ��— 14 M It 34 ELM STREET r i •r 4 I a \/ \ h i�! 4AgWUN RP SLOPE ! ` — �'j�,`1�< I'L�I' / ,�./�! F �• ` M1IN PER rT. ADA OUFG RAMP DETA� Mir- EWF \ � ./, °� U— -1rc waux muc•u F I 1 I/yr +r rrz wi wrc � ''WimE sr`�'m4 T,nc /"\' p'� i� � � /!/ `:� a•wA CAipl vx wxn[crox Ta tIDS1,c wMa: 6530 suu r rc1 •••`•""•._ �� - rc oars,c .nrxlc .ro oR:L ..r xax .amo^fi OUTFALL ZL:ft TUBE WITH PVC RESTFsoCTOR KTS TEBRUGGEENGiNEERING HEARTLAND MEADOWS SUBDIVISION ro..,x,nwwxlww '� MARKER, INC. �`"� r-,a' 7 moac:,c>or»_uav rtmw p.m W 608 E VETERANS PKWY SUITE 10, YORKVILLE, IL DIMENSION PLAN DATE: 117.14 01-MSKrs ul '"JACKSO TREET. ?]F-rva - �y� 11 14rF-r]wa� I� it r ��i � [ 1--_ •f� ! I P � s --I I,I D 7A^ —+ a �— _ �_ � 1„„p R-raq ,F.�. f R•cap� {I S •l•�� f��-_ I scuErir�r 1 „J- Zo r*n_a°:/ ~ 'l ( - w+sraw w.v sw+rurc sacRS.»wuoxe sunnier sw.�as,Mate ra wa,uuw sw.0 ee rd._--ti—t,y I w.b I I, MArtNYrx Wur wE I I I i B j- PLAN VIEW ...._.... _ .-. .. —' - - -- - ...._ .� T- ............ I _ __ — ___— _- pp 1 v :,:_]...” ;�a i i "0"4' .'� •wxs � e� � I I I I^ '1""p -,,. 1 I _ I r - - - I - b i NFn' � I fPVR II r I jn B• WATERMAIN EXTENSION PROFILE MDRL SCAM Y-]D' BERT,SCAM' I'-2' ati Nr pPivcl+fMF PPPJ[tt N¢ 1]A+M SIEIr I.4 tea_ M RING HEARTLAND MEADOWS SUBDIVISION TEBRUGGEENG 8 �1�► N.oPmn.vNg o] N MARKER. INC. 608 E VETERANS PKWY SUITE 1D, YORKMLLE,IL WATERMAIN PLAN & PROFILE l .,nay.„ I i I •n_,s[. � r u_, , :,r u�� `, �_.� ,x�-:�== -.� .�.. I I 9. I / F "�.\ I �1 I•n I ; ,��a...--I-I I•n-um 4 " R„ b 1 .�. Iq —/ t Al 71!11,,._y.,at [� vT-.,may[ r .� r n-.mml �, 3 1 ,'s—�'•1 I .I .'- !. �' a � T.�-am.f0 `� �Tn_,.+.a/ �I" N_usm �•r,am " � t.,-.Xm �til' � F— [. p S1WY ua0 SuP}MT SEWFS.wpuMlG SMYT/f.Y iLRaCE<nBaK ME w.TRa[/�W,au11 BE L11 17 12 I -�� -i I hwu«W Vn wvE 1 4 I\•�J�I I I ��'`.mr.m I jT^.°'f° I ` I I,n'u.s *n_«„ I tiL �5 _ UZI ELM STREET PLAN VIEW _ 1 - -- _ _- -- - - � wa Ir 1 ` I ton,m }qt ' �L."r WWI Nn _ ... Tr 4 r R �,L - v F 1 I � I 8" WATERMAIN EXTENSION PROFILE XORL SCALL• 1. 20' VERt SCALE: 1"-2• atft� TTi$RUGGEENG'NEEMC MARKER,FINC. HEARTLAND MEADOWS SUBDIVISION 1 808 E VETERANS PKWY SUITE ID, YORKVILLE, IL WATERMAIN PLAN & PROFILE JACKSO; TREET» -----�=-----�-----��— �. �,e—. � 3I �tl a-eb. k . .xna d^ � I ,n_oaw�wn:l �.��u-w.�I •L— mA•"°� I I r ��--- �" \ ..� w 1 a `111 I I u� I . I / .n-\..�.m I I�5 rw..x� 1 k` ..e I IiI I I �I — 1 I•tI �� p -� ✓}w AYw� I, I �i -�-wF- � -- � x-0.4 S Ilpl\ iil .11.. IF t. All 5'Mry un SAx�tARV SEMERS,wdAlaxo SWTeRr FRx¢S ABOVE 1pwAw 1NE 1W. 41AL•aE 1 \I I t! n I 1.r• - w t dnas CBxS,RUC,IOB K SAM,ABY YYFB BETKEL MANHOIFS S!6 LBx1RA<TM SXALL -4:=- ==}FI. �� r - I — a \ cowuEr.Axr EnsTaw SI.w:ABV�ul�,o,NE xEB sArnART sE.Ex. { i n.. ,o /� u.-.e.m/• � I -rte" ',n 'IS I r..,� fi o I� i.'` IV. - 1 -- �.., I� I I f I I — I ----- - —Af I _ - 1 y f - _ - T. 1 - _.-. - ; -- - _I �.. rt- , I I ; - xs. 11 _ _. en I : 1 8- SANITARY MAIN PROME HCIA2.WALE: r-2c VERT.SCALE: V.Y ._TISBRUGGEENGIaMUNG PREPARMFBR• HEARTLAND MEADOWS SUBDIVISION `ft MARKER, INC. 608 E VETERANS PKWY SUITE 10, YORKVILLE IL SANITARY PLAN & PROFILE AE '2;,,'0B Bv�� .I , ! [ /� ' ..... � � u.m.ro-+� �r YI r��r �'��.y..,e� 4 wry=��• 1 I�� ,..—__--_ VL n 1 I u2 ri 1 )7 ! _—'- _ >'-- � v'� I��,�x 1 �� I bn. o �c01a�.�ct>•"�wrmsm..s'•rar'�'.n:""rswv�ia"�`s ro r,`"�c" v s 'on s�.0 ff � I 4..._ �. . . .. ,. . I 1 F ..a — -- — �-. r -- — --- p�� I s�r —. , I L - _ . . — —- g� T 1 _ .: , 8• SANITARY MAIN PROFILE VERT.SCALE: t'a Y' �_. TEBRGOGEENGWEER7NO = FREPahF"FM,: HEARTLAND MEADOWS SUBDIVISION PRGffti"' uau0 �/ ..ow ,rtnwa mu MARKER, INC. ' 608 E VETERANS PKWY SUITE 1D, YORKVIL�[L SANITARY PLAN & PROFILE :o.,. o„atums `nJACK�ON�STREET _.„�`'_'� I /SI� �'y��'�'�-`„�„°t --- '�,•,,�r-" I span• All 4 I _ Ja' —� �r •f 7_. - 'M t • I Inxuu I_i sSttw uc.,i I xi . Ju.,. 1 >.�« 7r '�-�. IJ. —� � "'=-�"�.r'�✓ L_=� I EI ulem `�'° I I ] w >a...v.o--- 4°u°___� .<� I ��' al r I T 1,Lk1 I •: .j'i u is A 11"«� Tn-.,,. I �� f I �l � I I L «\ I si �-8-- ��i• -�•-C•r � '' , IJ? 11 � �� .r � DTI._.-:I , s � ,. / I" �>��% � >^ "� ��... y> _ '~.r d w I � � 11/1•Nrrw K-0.S N-50 S,Ai,ICE COIIR6E 3 p-smwt�{I i l'�-wn • r r I 1 r y � I I �J I Y A K-a.0,u-0°SIMnGC WNY Cj•Nw K-,s.N- I rr 1t I u �1 .=J/� / � ✓•� - >T F-�'\ t✓I,I �R• q _ y N-w.fe I I�S�� - }.4 I 0•.LCACC..1C CJ1R9L M[h U-4 10•MCKWK COI.I�C ME h U-4 r i=.Fy✓-„��/- I I d �� --�ar�`r� �d y5 444 -'I Ian-ww �1ri'r w-"'° `. _ •R",. 46 i 1 A JAFN7•DETAL { r_�_��IJ_"t_y � >' y"�wr�_';Ssys'•``"'�!swwbw¢`_' j, ••' �...< / j ''� f,>--• n N..s. _ , - ROADWAY PROFILE n _ — HORZ SCALE: ! _20 VERF. SCALE: 1. 2. r 1I I I � � i I � � I I I___ I •.�.. � I• I , m. l ( .._.ice a..__._ . .._ I _ I "'" I ,--� ,m Rcr,cu-p,Ry�l -_.. i I ♦- I I_. 1 } I - ROADWAY PROFILE Ts 1' zo' j} .SCALE-' . 1 j .>« . _.. _ f_ __.... ....._.._ �. _ ..,.. '� �., TESRuomENG HEARTLAND MEADOWS SUBDIVISION "a �r M R0 Ri fRV fp fGR. / o.°oaNSU+ «nu MARKER INC. "'u' AS NOTED 12 Na.4.«Nn ere.nve clern.•c.,x W 608 E VETERANS PKWY SUITE 1D, YORKVIL.L.E.IL ROADWAY PROFILE Ds,c: xv.x of,4 a,re,s i Mill Pilo' ?Vogl = a� t ag 1. $ $ IlR i� ig i' Y a Ile IYI a y�g a5"5Yg� i gGg y!�� aqs a6 d ii Y !� �y p fill dill�t i � n XaX $ 3 9X @`x R`y1Baiga tFig � �''pFEg� ��@�3.fTy �YQ�yH� E3y�a�i�IY �ft �i ` le �;� \ [ �T�,y!4• m� i EIMIN hi!JOH,I I Ill 1111 10 1111111 l�Q � ' -- any{D°g fpY !p 5 Hg. RR Qi hit ¢ig EYaY� $' 6 xg•%jFa3 tR�v!# y p* a fs tR $kFVI !a1 Yg#iG;Cp9�Ygi 1 ,Y � 8$ H% l ° Y b g R i 1? 4-till i ��QY � lilt `" a1 � � yilx e; v s$t; Y 1 J i�P i�iF Y y�q x� �ip� ii #ti YaRS%� .�$ ii gH a�� F 1 91 P$1101 i i i F Y%!g IYn=Y 5°�; X°F i, av 118 1iq $l!i b r li :ri t m H— vg C �gg H G#Y$y# Y� #` �tii € Y %� !i! ?' r at� � � �9e x., g9}_ W STS 1 u i_ Rg @°6 p & °.p� NY- =a, C F tiY$Q5 v#% x a E Y YY iL RR% FtK r, a• a� /y�ra"i $`� }i p`+�i ■� 141 # M �� e: �Y °i( •} gggg Y �S[Q� i YA# 8Y i "y 7 6 3 I 4 I Y 68a z 1��Fs��i1��HB��'i� � �it��le � t�;•�H9 ��gSSY� �� i �; m� o 4�k Y 4E k a !. R ° g rg # F QQYa gF 3 PINygs ;Y F;aagqy�iY �¢' �`�� S 4 9 � Ply y gg � �•:' � i•� r C F�;$. i j F Ydzggg Ca3'@@ !61+ t Y3Y. YyYEaY$ g 4=arHY $YgY t C X �� xi t a a �'R it i 5 $g jil All#1 Q43t � Z. gg gY ? p m, a Fl y g a dv d $3i# 9 f $ag t•FY111p:1 #° =gY S� Y°Y H kJf X�Y e r i-� Q � il6fge'ra�t g ;`gag': C ils� .i esYtl z $v],a i k CiH x Cg@°pY:j°P p aYA$Y o 2aRY g !• g4 yepa .1ty&.�@a R 3�iY 213r €tfla H W i'€ 3 43dd3:;ER�w9 1y F� grY e� F3.6g�?pgg3g It QQ9 as%d 'F a�F €g ,�g i ��Q6 �3leY3 gF + a% Mt pspY�� Ill 9 @�y€�P,s�j=�a��!9¢�p'it All 1� !�6' tlf� 5' .,,x '•�� lrpL 1F Ra c9 1�# i1 ` 8 � a1 'ills,#ex�`�I'M itc .q ift Y@ :• Ygg ibs ~# 1^i#a Cg{ 8YY3 !i Fg g{ a � iy'Ep E eaFPpRaaaa igggee 91 i 7�r 1 Ill g��;iii g pz y% u�1 ``i Q• yy ��EEi iR=f�Yil;tllfded g g °! yaaE3gpiY�api�'c Yy Fix Eli X71, }e �d ��a Hr �a ��z�i��1H9$g ��:��#��i � ��4i3��i�'9jy�Xi$I �_�' ►I .i N y as aalgt' R � �y31!3%��41gn�Yg i�y�$� r� YF fgi g< H£F4� i ` ##`Y g=ya X R+ 1H q i}Y a '11N.1 gCi #$Yy�1lAf1 11"l Pi H1+ �F ' S i€MI'g�p sgY. y �a��1b�'i,l$i$�8 ,i��38��7(8Z8�!Q i see Y iii i��i€8�€�6ei.�� 1 piiicesa$$a9��9ii�S�s€r�;H�6�$igee��Ae�fn�s� 1IH �••�� d yp g a9 Y Ra R H $ HR ;11 P-1 ryg X It H X ?go1x v ?u a z�1 3 Y 1 p ti c �A} y g XXigl dpi R$ 31yA9;H�$lX a� 5 adc "� H$ h ; w �!g a x 3t H C x X 1 3#Y " a ? ajje 4 Y 1Ya k H X cH ygYg �' �pja g R gy p Y a Y Y 3 H HY a € = agY1 �4 �ald� �gq X9 R ePYY YkS H YH g5i k a a Y I sK $ 4 a H E z! 5 3 ¢ Y y yY p 1gHYR� rk q[H Xg H iQY y y Iaan a � ag y� P a 4 _ 4ya Y [i yg X # yg# h Y,$ yiF Y ROD � ppty a e q�" � 6 i3HR A9 aj}Y $ Q3 is �S p # 86g YHHY#p�yHag§ Y4 Y lit gg�$^ Ib �Y i �X 4 1 #a@ t2 R Yg �' y c gt€ gg HIT � r$ g m is � r 1 H ?Y SYRY a d t`Ay HIE 1 , X EYE gg" OR S P�q�HY $ 11916? i � Y W g► X E• g p k y E#H 1E bbb e e HsH ga - HE` ?1 11 V. `a A 5 31 m 1 X a 3 g d fg sr 4 e y kk`�k ?� Yyq ag @a_ i Y h a o F � g yEp. " X g° a b Y# E " Y HX;X i X X3 p 4 @fig H x Y 10,11MIY a h5 111111$ $ � H. Y YF g°H 1 w q g Y r X, e w H Y� 1 �a gH Y?8 a a H b & fl 2 i b,j g1d HaiHH;i g`6H'Eapgy $ . ap �ka E 3gg P#$E `� H �e H H�H 1� H ! $ 4g °gagg •ik Y Mid� p .E b XA nppQ a Y�yk � 3�g 1�I�°D4sg"g g b Htl k �� 6 � $ 66� Y Y r. X �,e� 3 u3 tt R im g a h H¢g gp� � 3p1`aea� $%H Nfix YH ill H1 R1111,1X a@ a8 R ° Q H3 X r� 3 8x N�Xi TOY Rg g1 a 1. $gds hRa 9 tly4' i€saY F i HK ape"X b G g v i gg p Yh a�, X k 1p �g Fe s X @tee�pp ea Y�g{^YYpp$� a4J: ;I. a2 fl ai N Ng.a.1114 a l RX R191 G?a ,all w w�E�yR :dy:xE., 1 zayy P3��a .3Y xY . 66 R Y $ b y ti Y H E Y H a k Fis alig kE k R No q Z s v 'g ' ; X 11 414 1 E HY g k g ti g E z ak H all X H $a 3 E E a aY eae l — � k pf y E a 4 $ a R H Ea g Y H R HH? ?u "-X X1 g ar€vY a R Y 1 °5 �Hp � reY Xy baf B a 4Y 4818 Yb1 EH H, YY 1 gs�¢i' F� XX3 a yage RR # g X a aX p w, a y k� X g' f it X "E a g p19'11 Ii' (g %S X�j 8 Fc w Milli w: yg? wg rt" hil 1 ?! 1 F Iii � 8 ft, �e R.z k a. g a gE i i vUSUJY ygn$ 1p`k. wa6 R, e 1 Yk # �ry 1n # ES k G 6 2 i Y Y Y n 41 YXH a &a t g. ,a. q t y € k!a ! � g 4 ? iEBX Ii°n Y F —a H H a x ... U pp w # " X4 X Fa H a F x sdEy @` HxH � tG 'Ill�Y 15a51p$ gg 4y14g �ipe Q.g 3 � y g ' = PH a Y s e � Y Ivy �`�i 1 Y i P a �iy��X H�a e.1 4` y a y yg$•.�sgk 1 yi 1a ? 4 ag1 4$n1Y F � a F Mimi H X R 1 3 b F i h f a1 b� �1 if , �F sayl 1_11: �� fC� � HeY aHHT ,a mil Y 5 Y 1999, a "H1 YX"s 19N XYA Jig, ask jet 9 gl ? �5 * 4n°H, Y6 �X, $ $� a aH FHH g° $@@ H Y 44 k 9 k b t , u0' x h � #. .Ha Y `4 la1G #Xa= 31"f e�Y y Xg fir. a2ea Ra HY� aggY Q� # , Ec HksH P$ $��rH Y 9 pHH 1 va � Yv .>p X� d• R 1 �A 'X m . ` wok � �Y X p �`g XH E IX gg HH`s np I Hb yy Y6 gs� p1 b` 4 1 H$ ay a H" b& H' i yy b H i p@ rH YH pY 11 Yxa b qq�tl � E a 4 kH a # H )�N X 7iX 9 X F^ HG }Q 'w'ga ay H~ eYh epH 1�b�2!a1 H y a v HH H�F a Yk E eat 3gF 1 a Ya F �a aY a ? 7g yr3c a g �1n Ya $a a 1if?; 1ia 1° } 64 GX� P�: g#8i p�� pgj u@ 99gg $ip ggA'g ?� yaa3gg z b i{§q (H€� ? H a $3X X i�F Y� X X�X1�(1pP ? € q. f$$ p 6° it .if'Y aN BR,b .�&XF� aH •6S9Y.:4 .$X1' s #3Y 4 ��5 t�R Crks ISi ifb38Ark � 74H.#YB ..aiR3 w 9G cQ vii OdX M'E ws ww „�� MIEPNAL ElPANLPC DOLTW aMN101F SfAPALSS SR4 LAIC CONCRETE FLARED AS 91m m PLANS) HaNll:•f.NA01'S REf0ulomAlldE rcroti nAN .a r,«Ma�•we � �µ/ � fl�� x MtURCL CWCK1E fPYM - ! j P•.MK TO CO:uI �... wm.Pew 9 °i•" «�...m .. M! caw¢crort cwr— wsvx e«o- a-w a o-ass vnw sT.- :lam..;✓•.,'°.« ••�•��•••,• �i ...L'2°°°" >� - ' PPE TO IAPMiOLE CONNECTOR eLLye re.dm MrP oc•+wTiw Eum.Mtt ww LL ..nY,..n.r... zexe•..-. YORUTMEMSTOL s,vavn zvn erLYer a.wMc .. SANITARY D-lucT 9�R.P R e[Mnrw m M rum oaYN e..n mm a m+u NOTC:NANt•M"STM rM RAY UK PULUC PDIL NNNY PAPENLNT AS SHOWN ON �4 of R>E OLAdxO PLAN �y z I .. `cA•NULAL L•omu Iz•-e oL NLTx �x�i.,c gg G-T)UNOEP 1NE MVW d�✓� �E� � Aro Y uo•wTrK ma Cr - y� � g3 P•YEKNT. G�V 2 TRXMmpiN G SEE T { L10PN SCWSL F Y-Y PPC(CwCREfE) Y-•• bee AOK � �� rL fJ ACPE.' rL-a�-.1 Ys' OR.PLRnP CPAOLE Ty x SEE PUN:ON s>E I � I I G-1 MTGN � ALL PAVED AREAS ,.> I I AO.E:ile M:•-0• C'TRA wr. ai n l ry rNP1an°ae�ua>xs mx - ..x .- - : „'•', .- //// eA� 1 a•^•:-.. . ooAC.LAPS AT e.-<.. Lu%L Wm MIgNALLT NATP. W,A.TM_n ESELY 5• DMANSw AMR DO•ANLW Aril+ E1EA 1E0 al•TDgK OtlNCLEIE TO K A•TNtx AT DPnfWK Y-Y '9 NOIL LE 00'ET A J*V l AMTS NOIG E19ANS:bI JCM1S OEUtERS fi 6 AT lao•OdTLRS Ww amlN - M h K-r MPF(tA1C1YlE) M n, �OrrFD .Mw w .�....r[pm w.w•r..t �LIL *,g NON-PAVED AREAS -- : ATRENCH OETAN.S-STORM SEWER T r ,.WTEBR[,'GGEENGTNEERI G p°E0-°G0� HEARTLAND MEADOWS SUBDIVISION L+ +snsm LN¢TNO. INE MARKER, INC. S`""' urs 4 MnWS»�.•�-L.M PAx lam.r..n: BOB E VETERANS PKWY SUITE ID, YORKVILLE, IL GENERAL NOTES & DETAILS 11 o•Te� zolN KTe aQn PARKWAY ARE PAVO AREAS :.1 z IMF ILI L-Aj- e,TFBRUGGF ENGINIEEFUNG h- I- HEARTLAND MEADOWS SUBDIVISION Q. MARKER, INC. ' Exhibit F Landscape Plan •�- —� �'� I `nACKSQIJ STREET T � 1� r _ �- �� —, as M•�•wr.w•�...w..... nrr.. . «.s....r��u. F"".� 6'T° %Nrn y.n.._w•�• F�.w weer i w...�..b`w.a�.. vo ,._wen. a,._,..,..._,..«,.,_....._r...... ....N __EE_air I I \ I I I t !1 ( I �� a s��••w:end � ' / ° •..-l�_.v--\�I!_-�i��-�\ �—__ I _�-� w'- of hx,Tlrs ..a.r..�w«wr.n w.WN..au Y.w na iw.•.n P I - - . w✓...m.N. n. ..°�""..n.m a.'w"mwr..«ra...++_:°„w..�`°n..w:".w.,r d� �I I I i\\ ! �' 10 AU I . , w"�= .., N r , oI� III _ {"— n ol ./� 3 11, Its \ / r \\ I I I (! N Mnrrwl�w.M..�w.a_w wex w wnwi•��•w. M a.e..f. ��.M,w N w.tw.�•«.rr. I�_ b�s I'I I _, :�.�;�.rw -. a. M� ,N , •..a...,. P� —\ \ ��- r �� I •% /// I I 16 T •A.C+.WMPrr .«.�••.0 ��..«r _.er..+.r. iw•xw.+w e.•N.«I«.v...wrrw.._w ai / �i � l i l � III 111 III ,,�-- - � �.� ..�,� ...�.�;•,-�..�.� \ \ o i — 1 I — — J I ///, u.n1ee r•/f r•�•r�wa«'�e•~»�.�,w.'�•or wwr va w.•wnx \ •L._- . , r / �.`1,//�/ ._ _ wiWipr 1n We.«wwlR«•�bri•s a.4 w w.nl•r \ / \,/ •;;�.�w�.—••fin w��:.«...w, P\ � p'\ ,..nm in ,� _ �///// d.mr.•n.am a^.ri,°"w«r`'"°a7y xe+��'"""'«w"'.�'.�r.�.�..««..e. .r...* \ \ Y wa_v..aa N�-� i' "1�-ea+�^y '// �,...•�� am asw.c \\ \♦ �/ .�{' *voommwek_ wOa�n_ ,.,CS• «. iwµ.'"w"..'.."r'M.w_a",O.r:w"'..`..,•:.,.W Enerwc TIEC PRQP4S.D LANDSCAPING MATERIAL "�.r r,•«••.a•a•. «...... '.�. a�«...i.....•..,«..._..... ..«.,+...�..._ een�N RET -o a°e ]RL. <.1O'e ois�usn wu s ncaal ; { wx rwc a mean.rw a �S�•RIA DETaI��COrc-A.xR nR Bxn � ttN' Y f4A dtt OF�VINNLLE TIBUC MNrci t 1eEE wLL eE taA N 11E fRdlT YMO pY ExW lDT N UEtI 6 •PNNa,T TRCE ftttk.-,.TT RUGGEENGTNEERING G;M HEARTLAND MEADOWS SUBDIVISION ea.N,,,..ab.anNa s MARKER, INC. ' r_w' 6 608E VETERANS PKWY SUITE 1D, YORKVILLE, IL LANDSCAPING PLAN o.1Te: oe Ta vccs Exhibit G Building Elevations MA71E3OMME1E1 LJLILI ElElElEIDEIMEA E]EIDEIE]EID EOE3EE1EE]MMjEM1 - FIE �]Ljl DTFFFM J% .o Ljom Elr7l LAEJO 1:-:.El 0 0 11 IF Ell Lul gul FIE LLJI FES �L Tr LILLij 11 TiT) z:l Exhibit H Homeowners Association Declarations WHEREAS,Declarant owns fee simple title to a certain parcel of real estate in the County of Kendall,State,of Illinois, legally described in Exhibit"A"attached hereto and mad a part hereof(the"Property");and WHEREAS, Declarant desires to develop the Property with 46 detached single family homes,which development is to be known as Heartland Meadows(hereinafter referred to as the"Development"); and WHEREAS, Declarant intends to subject the Property to the covenants,conditions and restrictions,easements, charges and liens hereinafter set forth each and all of which is and are for the reasonable benefit of the owners and public welfare and more specifically for the purpose of enhancing and protecting the value of aforesaid property and insuring maintenance of the Common Area,including its on-site Stormwater Detention Facilities,and entrance features,if any,in conformity with all applicable ordinances,and for collecting and disbursing the assessments and charges hereinafter provided for,and for such other purposes as hereinafter described; NOW THEREFORE, Declarant hereby declares that the Property shall be held,sold and conveyed subject to the following covenants,conditions,restrictions,easements,charges and liens which are intended to constitute a general plan for the benefit of and enforcement by all present and future owners of any of the lots,or portions of lots,in the subdivision and the United City of Yorkville,so as to protect the value and desirability of the property submitted thereto and be binding on and Inure to the benefit of all parties having any right,title or interest in the described properties or any part thereof,their heirs,successors and assigns. ARTICLE l DEFENITIONS When used in this Declaration,the following words and terms shall have the following meanings; 1.1 "Association"shall mean and refer to the Heartland Meadows Homeowners Association,an Illinois not for profit corporation,its successors and assigns. 1.2 "Board"shall mean and refer to the Board of Directors of the Association. 1.3 "Common Area"shall mean all real property owned,to be owned and maintained by the Association for the common use and enjoyment of the owners including all entrance ways,features,complimentary landscaping and fencing associated with the Heartland Meadows Subdivision,and Stormwater Detention Facilities,the entrance ways and features and complimentary landscaping and fencing associat4ed with such entrance ways other facilities,if any,other landscaping and fencing. 1.4 "Declarant"shall have the meaning set forth in the first Paragraph of this Declaration 1.5 "Dwelling"shall mean a residential housing unit consisting of a group of rooms which is separate from any other residential housing unit and which is designed or intended for the exclusive use as living quarters for one family on a Lot as constructed by the Developer. 1.6 "Developer"shall mean and refer to the owner or owners,from time to time,of one hundred percent (100%)of the beneficial interest in,to and under the Declarant. 1.7 "Lot"shall mean that part of the Property that is separately conveyed and occupied either by a Detached Dwelling or a Duplex Unit. For the purposes of this Declaration,Lots shall be comprised of Duplex Lots for Duplex Units and Platted Lots for Detached Dwellings. 1.8 "improvement"or"Improvements"shall mean and include any and all buildings,driveways,pedestrian walkways,fences,decks, patios, hedges,lawns,sidewalks, planted trees,shrubs and all other structures or landscaping improvement of every kind and description. 1.9 "Member"shall mean and refer to every person or entity who owns a Lot in the Property. Members shall either be Class"Members or Class B members,as further defined in Article III of this Declaration. 1.10 "Owner"shall mean and refer to the record owner(or the beneficiary of a land trust which may be a record owner)whether one or more persons or entities,of a fee simple title to a Lot,excluding those who have such interest merely as security for the performance of an obligation. 1.11 "Platted Lot"shall mean that part of the Property identified as a numbered lot pursuant to the Subdivision Plat. A Platted Lot occupied by a Detached Dwelling shall also be a"Lot"for the purposes of this Declaration. A Platted Lot shall ordinarily include two Duplex Lots when developed with a Duplex. 1.12 "Stormwater Detention Facilities"shall mean and refer to all on site facilities and areas necessary for the management of stormwater,including the backyard storm drainage system affecting Lots when such drainage system is shown on the Subdivision Plat. Those parts of the storm water drainage system outside of public right of ways shall be maintained by the Association. 1.13 "Subdivision Plat"shall mean those plats of the Property acknowledged and recorded by the Declarant on as document number in the office of the Recorder of Kendall County,Illinois. 1.14 "City"shall mean and refer to the United City of Yorkville or its successor, ARTICLE II HOMEOWNERS ASSOCIATION Every purchaser of a Lot shall automatically become a Member of the Association,and shall remain such so long as ownership is retained. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The Association shall be formed in perpetuity. ARTICLE III VOTING RIGHTS The association shall have two classes of voting membership: CLASS A. Class A Members shall be all the Owners with the exception of the Declarant at any time prior to the"Turnover Date"(as defined in Section 63 hereof). Clas A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine,but in no event shall more than one vote be cast with respect to any one Lot. CLASS B. The Class B Member shall be the Declarant. The Class B member shall be entitled to six(6)votes for each parcel or parcel that could be developed as a Lot in which it holds the interest required for membership by Article 11,provided that the Class B Membership shall cease and be converted to Class A membership as of the Turnover Date. ARTICLE IV EASEMENTS 4.1 Declarant hereby declares that the following non-exclusive easements are hereby created with respect to the Common Area: (a) Each owner and their respective guests,invitees and employees shall have a non-exclusive easement for use and enjoyment in and to the Common Area subject to the following:(i)the right of the Association to pass reasonable rules and regulations relating to such use and enjoyment,(ii)the right of the Association to suspend an Owner's right to use or enjoy such easement for any period during which such Owner may be in violation of this Declaration,(iii)the right of the Association to levy assessments as herein provided,and (iv)any and all rights reserved to Declarant and the Association as herein provided. 4.2 The Declarant,Association,the Village and all Village franchised utilities and any of their respective agents,employees and independent contractors shall have the right to enter upon the Common Area or any Lot to the extent necessary for the purpose of installing,constructing, maintaining,repairing,replacing,and restoring any improvements in,on, under or upon the Common Area as herein provided or for performing any of their respective obligations herein provided,Including the provision of any special service by the Association. In any such case,the Declarant,Association,the Village and All Village franchised utilities or any of their agents, employees or independent contractors shall not be guilty of any trespass. 4.3 The Declarant and Association hereby reserve the right to grant additional easements for ingress,egress, installation,construction,reconstruction,maintenance, repair,operation and inspection of utility services over, under,across and through the Common Area as they deem necessary or desirable in order to effectuate the intent of this Declaration. ARTICLE V RESTRICTIVE COVENANTS 5.1 Fence Restriction. The owner of each Lot may(but need not)erect a fence on the interior boundary of the Owner's Lot. Any fence which is erected on the Owner's Lot shall be subject to the following. (a) the fence shall be constructed within the fence guidelines as established from time-to-time by the Association and as supplemented by the City Code,stating the type of fence allowed;and (b) the Owner shall,before constructing any fence,submit his/her plan(location and type)for the fence to the Village for approval;and (c) the Owner of the Lot shall at all times maintain the fence in good condition and repair at the Owner's sole cost and expense;and (d) the fence shall be constructed with wood,cedar or iron/aluminum only,not to exceed five feet in height(5), unless otherwise provided herein. Chain Link fence is prohibited on all lots;and (e) the fence shall not encroach upon any easement dedicated for the purpose of landscape improvements or community enhancement or otherwise limit or impede access rights established pursuant to Section 4.4 or other provisions of this Declaration;and 5.2 GENERAL RESTRICTIONS (a) All Lots shall be used only for Detached Dwellings or as Common Area. Each Owner shall(1) maintain his Lot and all Improvements located thereon In a clean,sightly and safe condition,(li)cause the prompt removal of all papers,debris and refuse therefrom and the removal of snow and ice from all sidewalks,driveways and similar areas serving said Lot and(iii)comply with all applicable governmental codes,laws,ordinances,orders, decrees,rules and regulations. (b) All Improvements shall be constructed in accordance with all applicable governmental building and zoning codes,laws,ordinances,orders,decrees,rules and regulations,if and to the extent any conflict exists between the terms and conditions of this Declaration and the provisions of any such codes,laws,ordinances, orders,decrees,rules and regulations,then such conflict shall be resolved by the application of the more stringent provision the higher or better quality result. Any additions to a Detatched Dwelling shall not exceed the maximum floor area ratio established by the City,and all exterior modifications shall conform to the architectural standard contained within the Final Plat Plans,and shall be approved by the Village and the association. (c) No noxious or offensive activity shall be carried on,in or upon the Property,nor shall anything be done thereon which may constitute or become an annoyahce or nuisance to the Owners. (d) Except as expressly provided herein,no temporary building,no detached storage shed,trailer, mobile home,recreational vehicle,permanent tent,shack,above-ground pool,or other similar Improvement shall be located upon the Lots. 4 (e) No person shall accumulate on his Lot any derelict vehicle,litter,refuse or other unsightly materials. Garbage shall be disposed of in accordance with City code or ordinance. All Garbage(except recycling and yard waste)shall be enclosed in"roll out'containers. (f) Trucks,boats,recreational vehicles,trailers or other vehicles(other than automobiles)shall at all times be parked in the garage of the dwelling and their repair or maintenance shall not be permitted except within the confines of the garage. Trucks that do not fit in the garage shall not be permitted in the driveway. Commercial vehicles shall not be permitted in the driveway for longer than twenty-four(24)hours. (g) No animals(other than inoffensive common domestic household pets such as dogs and cats) shall be kept on any Lot or within the confines of any improvement thereon. The breeding or keeping of dogs or cats for sale or profit is expressly prohibited. Dog runs are to be maintained at ail times so as to be non-offensive. (h) The errection of any communication antennae or similar devices(other than simple mast antennae or television reception device located on the roof of a Detached Dwelling)shall not be allowed unless completely screened from view and approved in writing in advance by the Board of the Association. The owner shall obtain a permit from the City,if necessary,for erecting such device. (i) Each owner shall keep all areas of the Lots designed or intended for the proper drainage or detention of water,including swale lines and ditches,unobstructed and mowed regularly. No trees,plantings, shrubbery,fencing patios,structures,landscaping treatment or other obstructions shall be planted,placed or allowed to remain in any such areas,and no Owner shall alter the rate or direction of flow of water from any Lot by impounding water,changing grade,blocking or redirecting swales,ditches or drainage areas or otherwise. Each owner acknowledges,by acceptance of a deed to a Lot,that any and all such drainage or detention areas are for the benefit of the entire property. 53 AGE RESTRICTIONS FOR THE PROPERTY. The Property shall be further restricted by the following restrictions. (a) General. The Lots within the property are intended for the housing of persons 55 years of age or older under the Fair Housing Amendments Act of 1988 and the Illinois Fair Housing Act (collectively,the"Fair Housing Act"). Unless otherwise expressly provided in this Declaration,at least one(1)permanent occupant of each occupied residence on a Lot must be 55 years of age or older, and no person under nineteen(19)years of age shall occupy or reside in a residence on a Lot for a period longer than two(2)consecutive weeks or fourteen (14)days. The provisions of this Section are intended to be consistent with,and are set forth in order to comply with,the Fair Housing Act regarding discrimination based on familial status. Declarant,until the Turnover Date, as hereinafter defined, or thereafter the Association,acting through its Board of Directors,shall have the power to amend this Section,without the consent of the Members for the purpose of making this Section consistent with the Fair Housing Act,as it may be amended,the regulations adopted pursuant thereto, and any judicial decisions arising thereunder or otherwise relating thereto(collectively,the"Fair Housing Laws"),in order to maintain the intent and enforceability of this Section. (b) Restrictions on Occupancy a. Each occupied Lot shall at all times have as a permanent occupant at least one person who is 55 years of age or older(the"Qualifying Occupant"),except that in the event of the death of a person who was the sole Qualifying Occupant of a Lot,the spouse of such Qualifying Occupant may continue to occupy the Lot provided that the provisions of the Fair Housing Laws and the terms and conditions of this Declaration are not violated by such occupancy. For purposes of this Subsection 5.5(b),an occupant shall not be considered a"permanent occupant"unless such occupant considers the Lot to be his or her legal residence and actually resides on the Lot for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. b. No Lot shall be occupied by any person under the age of 21. For purposes of this Subsection 5.5(b)a Lot shall be deemed to be"occupied"by any person who stays overnight in the dwelling on the Lot more than twenty-one(21)days in any sixty(60)day period or more than thirty(30)days in any twelve(12)month period. c. Nothing in this Section 5.5 is intended to restrict the ownership of or transfer of title to any Lot;however,no Owner may occupy the Lot unless the requirements of this Section 5.5 are met,nor shall any Owner permit occupancy of the Lot in violation of this Section 5.5. Owners shall be responsible for(1)including a statement that the Lots within the Property are intended for the housing of persons 55 years of age or older,as set forth in Subsection 5.5(b)above,in conspicuous type in any lease or other occupancy agreement or contract of sale relating to such Owner's Lot,which agreements or contracts shall be in writing and signed by the tenant or purchaser,and(ii)clearly disclosing such intent to any prospective tenant,purchaser,or other potential occupant of the Lot. Any lease of a Lot shall provide that failure to comply with the requirements and restrictions of this Section 5.5 shall constitute a default under such lease. d. Any Owner,in writing,may request that the Board of Directors make an exception to the requirements of this Section 5.5 with respect to his or her Lot. The Board of Directors may, but shall not be obligated to,grant exceptions in its sole discretion,provided that the requirements for exemption from the Fair Housing Laws would still be met. (c) Change in Occupancy;Notification. In the event of any change in occupancy of any Lot as a result of a transfer of title,a lease or sublease,a birth or death,change in marital status,vacancy,change in location of permanent residence,or otherwise,the Owner of the Lot shall immediately notify the Board of Directors in writing and provide to the Board of Directors the names and ages of all current occupants of the Lot and such other information as the Board of Directors may reasonably require to verify the age of each occupant, In the event that an Owner fails to notify the Board of Directors and provide all required information within ten(10)days after a change in occupancy occurs,the Association shall be authorized to levy monetary fines against the Owner and the Lot for each day after the change in occupancy occurs until the Association receives the required notice and information, regardless of whether the occupants continue to meet the requirements of this Section 5.5,in addition to all other remedies available to the Association under this Declaration and Illinois law. (d) Monitoring,Compliance,Appointment of Attorney-in-Fact. a. The Association shall maintain age records on all occupants of Lots. The Board of Directors shall adopt and publish policies,procedures,and rules to monitor and maintain compliance with this Section 5.5,including policies regarding visitors, updating of age records,the granting of exemptions pursuant to Subsection 5.5(b)(iv),and enforcement. The Association shall periodically distribute such policies,procedures,and rules to Owners and make copies available to Owners,their tenants,and Mortgages upon reasonable request. b. The Association shall have the power and authority to enforce this Section 5.5 in any legal manner available,as the Board of Directors deems appropriate,including,without limitation, conducting a census of the occupants of the Lots,requiring copies of birth certificates,or other proof of age for each occupant of the Lot to be provided to the Board of Directors on a periodic basis,and taking action to evict the occupants of any Lot which is not in compliance with the requirements and restrictions of this Section 5.5. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS ITS ATTORNEY-IN-FACT FOR THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS,EVICT,OR OTHERWISE REMOVE THE OCCUPANTS OF HIS OR HER UNIT AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS SECTION S.S. Each owner shall fully and truthfully respond to any and all requests by the Association for information regarding the occupancy of his or her Lot that,in the judgement of the Board of Directors,are reasonably necessary to monitor compliance with this Section 5.5,and the failure to do so shall authorize the Association to impose fines in the amount of$100 daily until all such information is provided as requested by the Association. Each Owner shall be responsible for ensuring compliance of its Lot with the requirements and restrictions of this Section and the rules of the Association adopted hereunder by itself and by its tenants and other occupants of its Lot. EACH OWNER, BY ACCEPTANCE OF TITLE TO A LOT,AGREES TO INDEMNIFY, DEFEND,AND HOLD THE ASSOCIATION, ITS BOARD OR DIRECTORS,AND ITS OFFICERS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES DAMAGES,AND CAUSES OF ACTION THAT MAY ARISE FROM FAILURE OF SUCH OWNER'S LOT TO 50 COMPLY, ARTICLE VI FORMATION AND OPERATION OF ASSOCIATION 6.1 The Developer shall form the Association as an Illinois not-for-profit corporation to provide for maintenance and operation of the Common Area. 6.2 (a) The Association shall have a Board of not less than three(3)directors who shall be elected by the Members of the Association at such intervals as the Articles of Incorporation and By-laws of the Association shall provide,except(i)that vacancies in the Board occurring between regularly scheduled meetings of the Members may be filled by the Board if so provided by the Articles of Incorporation or By-laws and(ii)that the first Board and subsequent Boards(until the Turnover Date)shall be appointed by the Developer. Except for directors of the Board appointed by the Developer,all directors shall be Members of the Association. 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 directors of the Board until the Turnover Date. (b) The Association shall have such officers as shall be appropriate from time to time,who shall be elected by the Board and who shall manage and conduct the affairs of the Association under the direction of the Board. Except as expressly provided otherwise by the corporate charter,or By-laws,all power and authority to act on behalf of the Association,both pursuant to this Declaration and otherwise,shall be vested in the Board from time to time and its officers under the direction of the Board,and shall not be subject to the approval of the Members. The directors and officers of the association shall not be liable to the Owners or any others for any mistake of judgement or any acts or omissions made in good faith as such directors and officers. 6.3 The Developer shall,through the Board appointed by it in accordance with this Section,exercise control over all Association matters,until such time as it is deemed advisable by Developer through the Board appointed by it to turn control of all Association matters over to the Members. The date upon which such authority passes to the Members is hereinafter referred to as the"Turnover Date". On or prior to the Turnover Date,the Developer shall cause Declarant to convey to the Association,and the Association shall accept,the Common Area to be owned by the Association hereunder. At all times after the Association's formation and irrespective of title ownership,the Association shall be responsible to,and shall, maintain the Common Area as required hereunder. 6.4 Maintenance of Improvements. (a) it shall be the responsibility of the Association to own and maintain the Common Area,including without limitation the Common Area and the Stormwater Detention Facilities. Each owner,with the exception of the Declarant and Developer,shall bear his or her proportion of responsibility and cost for the continued maintenance,operation and preservation of the Common Area and any improvements thereon,both on the surface and underground,including without limitation the Stormwater Detention Facilities. (b) Except as otherwise provided in Section 6.9 hereof,so long as Declarant or Developer still holds an ownership interest in any Lot,in the event that,in the reasonable judgment of Declarant or Developer,the Association is not fulfilling its maintenance obligations on the Common Areas,as outlined above,Declarant or Developer has the right to perform such maintenance,operation or preservation as necessary in Declarant's or Developer's judgement,if such maintenance,operation or preservation is not satisfactorily completed by the Association within three(3)days'after written notice of the necessity thereof by Declarant or Developer. Any and all costs of performance of the above,if undertaken by Declarant or Developer,shall be reimbursed to Declarant, Developer or its agents or contractors performing such work,within five(5)days'after written notice of such costs is provided to the Association. Any late payment of the above costs shall accrue interest at an annual rate of 100, or the maximum rate allowable under Illinois law,whichever is greater. (c) Under no circumstances shall any on-site Stormwater Detention Facilities if any be developed, altered,or used by the Association or any other party for any other use which might limit or cause to limit the use and function of such Stormwater Detention Facilities for the management of Stormwater. 6.6 The Association,through the Board,shall have the power and duty to: (a) Employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association,provided that any contract with a person or firm appointed as a manager or managing agent by Developer shall give the Association the right to terminate without cause or penalty not later than ninety(90)days after the date the initial meeting of the Members of the Association is held as provided in the By-laws; (b) Enter into financing agreements to fund costs; (c) Establish and maintain a Contingency and Replacement Reserve in an amount to be determined by the Board; (d) Maintain the Common Area as defined in Section 1.3 above. Such maintenance shall include,but not be limited to,aesthetic maintenance such as lawn cutting,weedig,tree pruning and other landscaping as may be necessary to maintain the general appearance of the Common Area at a level acceptable to the Members; maintenance of any fencing on the Common Area;removal of pests,rodents or other generally undesirable animals from the Common Area;removal of any litter or refuse from the Common Area;maintaining any sidewalks or other walkways in the Common Area;monitoring and movement,repair or replacement of utility facilities,lines and meters(or causing such movement, repair or replacement by appropriate utilities)as may be necessary; landscaping,cleaning,painting,structural repair,and other maintenance as required on the Steeplechase Clubhouse;maintenance of any facilities in the Common Area;and other maintenance as may be necessary to ensure the safety and integrity of the Common Area; (e) Provide for the maintenance of landscaping,signs, monuments,fencing,aerators,retaining or other walls, lighting and other improvements,if any,located within the Common Area; (f) Provide for the operation of the Steeplechase Clubhouse and any recreational facilities, including,if deemed appropriate by the Board,employing such persons as may be necessary to staff and operate the Steeplechase Clubhouse; (g) Make such improvements to the Common Area and provide such other facilities and services as may be authorized from time to time by the affirmative vote of two-thirds(2/3)of the Members of the Association acting in accordance with its Articles of Incorporation and By-laws and upon proper review and approval of the Village,if required; 6.9 (a) Until the Turnover Date,the Developer shall have all the rights and powers herein granted to the Association and shall be authorized and empowered to exercise all power and authority of the Board. (b) Until the Turnover Date,Developer shall have the right but not the obligation to maintain the common Area and all signs and monuments located thereon and,in its sole discretion,may advance to or on behalf of the Association such funds as may be necessary to pay all expenses and costs arising in connection with the Common Area,including,without limitation,the costs of improving and maintaining the Common Area(and any signs and monuments located thereon)and general real estate taxes payable in connection with the Common Area. At such time that the Association is able to maintain the Common Area in the opinion of the developer, Developer shall be entitled to reimbursement for all funds previously advanced to or on behalf of the Association by Developer(including funds to defray insurance expenses and real estate taxes)which have not therefore been reimbursed to Developer. Any funds that the Developer may advance to the Association may be documented through a promissory note of the Association,in which case reimbursement of advanced funds shall be repaid to the Developer pursuant to the terms of the Promissory Note. (c) Developer shall be entitled at all times to conduct sales of Lots from the Property and shall have the right,for itself and its agents,employees,guests and invitees,to utilize roads,streets,Common Area and all other portions of the Property,excluding sold Lots,for such purposes until all Lots are sold. Developer may at all times prior to the sale of the final Lot,establish sales offices and model homes as required to conduct its sales and marketing of the property. 6.10 The fiduciary duty of Developer to the Association and the Owners shall be limited to the extent that it exercises control over all Association matters for the reasonable benefit of the Association until the Turnover Date. 6.11 No Member shall be entitled to challenge,either directly or indirectly,any action of the Board of the Association in its dealings with the Declarant or Developer that occur prior to the Turnover Date on grounds of conflict of interest. ARTICLE VII ASSESSMENTS AND SPECIAL SERVICES 7.1 Each Owner,by taking title to a Lot,with the exception of both Declarant and Developer,shall be deemed to have covenanted and agreed to pay to the Association annual assessments or charges,special assessments for capital improvements and unforeseen expenses,and special benefit assessments to be collected from time to time as hereinafter provided or as provided in Section 4.4 of this Declaration. The annual,special,and special benefit assessments,together with such interest thereon and costs of collection thereof,as hereinafter provided,shall be a lien on the Lot against which each such assessment is made. Each such assessment,together with such interest, costs and reasonable attorneys'fees shall be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation of an Owner shall not pass to his successors in title unless expressly assumed by them. 7.2 The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the health,safety,and welfare of the residents of the Property and in particular for the improvement and maintenance of the Property,services and facilities devoted to these purposes and related to the use and enjoyment of the Common Area. Such uses shall include,without limitation,the cost of all general real estate taxes,insurance,repair,replacement and maintenance and other charges required or permitted by this Declaration and the cost of those items that the Board shall determine to be necessary or desirable to meet the purposes of the Association,including without limitation the establishment and maintenance of a Contingency and Replacement reserve. The annual assessments provided for herein shall commence for each Lot on the day of delivery of a deed to such Lot Owner. Special benefit assessments shall be established and levied for the purposes and in the manner described in Section 7.12,except that the costs and expenses relating to mandatory special services applying to all Lots or all Duplex Lots as determined pursuant to Section 7.12(g)shall be paid for as a common expense through the annual assessment. 7.3 Each year on or before November 1,the Board will estimate the total amount of maintenance expenses necessary to pay the cost of wages,materials,taxes,insurance,services,supplies and any other necessary desirable items which will be required during the ensuing calendar year(January 1-December 31)for services authorized by the Board,together with a reasonable amount necessary to fund the Contingency and Replacement Reserve,and shall on or before December 1,notify each Owner in writing of the amount of such estimate ("Estimated Cash Requirement"). Such Estimated Cash Requirement shall be prepared on a line-item basis. The Estimated Cash Requirement shall be assessed equally among all of the Owners,excluding the Declarant and Developer. On or before January 1 of the ensuing fiscal year,each Owner shall be obligated to pay the Board,or another as it may direct,one-twefth of the annual assessment made pursuant to this Section 7.3,and each Owner shall thereafter pay an additional one-twelfth of the annual assessment on or before the first day of each following month in the calendar year. On or before the date of the annual meeting of each calendar year,the Board shall furnish to all Owners an itemized accounting of the maintenance expenses for the preceeding fiscal year actually incurred and paid,together with a tabulation of the amounts collected from the Owners pursuant to assessments made during such year and showing the net amount over or short of the actual expenditures, plus reserves. The Board shall upon demand at any time furnish a certificate in writing signed by an officer or agent of the Association,setting forth whether the assessments on a specified Lot have been paid. Such certificates shall be conclusive evidence of payment or nonpayment of any assessment thereon. 7.4 (a) The Board shall build up and maintain a reserve for the replacement of capital improvements, other authorized capital expenditures and for unforeseen expenditures(the"contingency and Replacement Reserve"). Capital improvements and expenditures which may become necessary during the year shall be charges first against the Contingency and Replacement Reserve. Any expenditure from the Contingency and Replacement Reserve having a cost in excess of Fifteen Thousand Dollars($15,000.00)shall require the prior approval of the Members holding two-thirds(2/3)of the votes of the Association. (b) If the Contingency and Replacement Reserve proves inadequate for any reason,including nonpayment of any Owner's assessment,the Board may,at any time,levy a special assessment,which shall be assessed equally among the Owners,with the exception of both Declarant and Developer. The Board shall serve notice of any such special assessment on all such Owners by a statement in writing giving the amount and reasons therefor,and such special assessment shall become effective and fully payable ten(10)days after the delivery or mailing of any such notice of assessment. (c) Developer shall collect from each initial purchaser of a Lot at the closing of the sale of any such Lot,a sum to be determined,which amount may be mutually adjusted by the Board and Declarant from time to time,and which amount shall be deposited in the Contingency and Replacement Reserve. On the Turnover Date, the Developer shall transfer all funds in the Contingency and Replacement Reserve account to the Association and the Association shall hold and apply such funds for the purposes set forth in this Section 7.4. 7.5 When the first Board elected by the Members hereunder takes office,it shall determine the Estimated Cash Requirement for the period commencing on the first day of the month following the Turnover Date and ending on December 31 of the calendar year in which the Turnover Date Occurs. The initial estimated Cash Requirement shall be assessed equally to all Owners,with the exception of both Declarant and Developer. 7.6 The failure or delay of the Board to prepare to serve the Estimated Cash Requirement or any Owner shall not constitute a waiver or release in any manner or any Owner's obligation to pay his share of such Estimated Cash Requirement as herein provided,as and when the Estimated Cash Requirement shall be determined,and,in the absence of the preparation of the Estimated Cash Requirement,the Owner shall continue to pay on a monthly basis his share of such Estimated Cash Requirement at the then existing annual rate established for the previous calendar year,subject to adjustment at such time as the Estimated Cash Requirement has been prepared and the Owners have been notified thereof. 7.7 The Board shall keep full and correct books of account in chronological order of the receipts and expenditures pertaining to the Common Area,specifying and itemizing the maintenance and repair expenses of the Common Area and any other expenses so incurred. Such records and the vouchers authorizing the payments described therein shall be available for Inspection by any Owner or an representative or an Owner duly authorized in writing,or any holder of a Mortgage at such reasonable time or times during normal business hours when requested by an Owner or by the holder of a Mortgage. Upon ten(10)days prior written notice to the Board,any Owner shall be furnished a statement of his account,which statement shall set forth the amount of any unpaid assessments or other charges due and owing from such Owner. 7.8 All funds collected hereunder shall be held and expended for the purposes designated herein,and are hereby helt in trust for the benefit,use and account of all Owners through the Associationi;provided,however, that special benefit assessments shall be held in trust for the purpose or purposes for which such special benefit assessments were levied. All funds not otherwise employed shall be deposited from time to time to the credit of the Association in such banks,trust companies or other depositories as the Board may select. 7.9 Any assessments or other charges which are not paid when due shall be delinquent. If the assessment or charge is not paid within thirty(30)days after the due date,the assessment shall bear interest from and after the due date at the lesser of the rate of twelve percent(12%)per annum or the highest rate allowed by law,and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Owner's Lot,and interest,costs and reasonable attorneys`fees uncured in any such action, including without limitation the management fees charged by a manager or managing agent,expert witness fees, investigator fees,court reporter fees,customary processing and filing fees,recording fees and all other similar fees and expenses sahall be added to the amount of any such overdue assessment. To the extent permitted by any decision or any statuet or law now or hereafter effective,the amount of any delinquent and unpaid charges or assessments,and interest costs and fees as above provided shall be and become a lien or charge against the Lot of any such Owner when payable and may be foreclosed by an action brought in the name of the Board as in the case of foreclosure of mortgage liens against real estate. The directors of the Board and their successors in office, acting on behalf of the other Owners,shall have the power to bid in the interest so foreclosed at foreclosure sale, and to acquire and hold,lease, mortgage and convey any interest so acquired. To the fullest extent permitted by law,any court shall be authorized to restrain the defaulting Owner from reacquiring his interest at such foreclosure sale. 7.10 In addition to the rights and remedies set forth in Section 7.9,if any Owner shall default in the payment, when same shall be due,of the aforesaid charges or assessments and said default shall continue for thirty(30) days after written notice to said Owner by the Board,of the amount of unpaid charges or assessments and a demand for payment thereof,the Board shall have the right to declare said default a forcible detainer of the dwelling and shall have the right on behalf of the other Owners,to enter and take possession of the dwelling from any defaulting Owner,to put out said Owner,or any occupant or tenant claiming by,through or under said Owner, using such reasonable force as the Board shall deem necessary under the circumstances and,in addition,to exercise any other rights or remedies provided in the Forcible Entry and Detainer Act,735 ILCS 5/9-101 et.Seq. (West 1996). 7.11 The lien of assessments provided for herein shall be subordinate to(a)the lien of any first mortgage now or hereafter placed on the Lots,and(b)the lien of any second or subordinate mortgage that is recorded against any Lot prior to the time of a delinquent assessment for which a lien foreclosure action is pursued under this Declaration. In the event of the issuance of a deed pursuant to the foreclosure of such prior Mortgage or in lieu of such foreclosure,the grantee of such deed shall take title free and clear of any lien for assessment authorized by this Declaration so long as any such lien shall have arisen prior to the date of recording of any such deed. 7.12 (a) The Association may from time-to-time furnish special services to one or more Lots or groups of Lots,as the Board shall determine is necessary,desirable,or appropriate. By way of example and without limitation,such special services may include landscaping maintenance,or snow removal. Upon determining to furnish a special service,the Board shall also determine whether such special service is mandatory or optional,as well as the basis for establishing the special benefit assessment for such special service,which assessment shall be levied against affected Lots in the manner described in this Article. (b) Except as provided in Section 7.12(g),if the Board contemplates providing a mandatory special service,the Board shall notify the Owner of each affected Lot at least 30 days in advance of the Board meeting at which such special service will be finally considered. The notice shall describe the nature of the special service,the proposed special benefit assessment,the basis for determining the special benefit assessment,and the Lots affected by the special benefit assessment. If the Board receives written objections from at least 51%of the Owners of Lots affected by the proposed mandatory special services and related special benefit assessment,such mandatory special service shall not be established. Otherwise the Board may establish the special service and levy a special benefit assessment against all affected Lots as provided in the notice. Each year for which the mandatory special service is to be offered and the special benefit assessment therefor is to be imposed,the Board shall provide the notice and opportunity to object as set forth in this subparagraph. (c) If the Board contemplates providing an optional special service,the Board shall notify the Owner of each Lot to which the optional special service is being offered. The notice shall describe the nature of the special service,the proposed special benefit assessment,the basis for determining the special benefit assessment, the Lots to which the special services are being offered,and the method by which an Owner can elect to receive the special service. The special service shall only be provided to,and the special benefit assessment shall only be levied against the Lots for which the Owner has provided a written election to receive the special service in question. Each year for which the optional special service is to be offered and the special benefit assessment therefor is to be imposed,the Board shall provide the notice and opportunity to elect as set forth in this subparagraph. (d) The Association may offer one or more mandatory or optional special service as the Board deems appropriate. Unless otherwise provided by the Board,a special service,once established or elected(as the case may be)shall continue for a 12 month period. Notwithstanding the foregoing,the board may,in its discretion, determine to discontinue any special service at any time either at the conclusion of any 12-month period or at any other time upon 30 days written notice;provided that any excess funds related to a special benefit assessment previously collected for a special service terminated before the then-current 12 month period shall be returned pro rata to the Owners of Lots that had paid such special benefit assessment (e) As an alternative to offering special services,the Association may maintain a list of contractors which are available to furnish services directly to Owners;provided that neigher the Association nor the Board shall be deemed to have in any way endorsed,vouched for,or warranted the work or services of any such contractor,and neither the Association nor the Board shall be liable for any acts or omissions of any such contractor. (f) The Board may establish such supplemental procedures relating to special services and special benefit assessments as the Board deems appropriate,provided that such supplemental procedures are not inconsistent with the procedures set forth in this Article. (g) Notwithstanding any other provision in this Article VII,if the Board elects to provide a mandatory special service to all Lots,then the cost of such mandatory special service shall be treated as a common expense of the Association,and the costs and expenses therefor shall be treated as a common expense of the Association,and the costs and expenses therefor shall be paid through the annual assessment in the same manner as other common expenses. ARTICLE VIII GENERAL PROVISIONS 8.1 The covenants and restrictions of this declaration shall run with the land,and shall inure to the benefit of and be enforceable by the Board,Developer, Declarant,or the Owner of any Lot subject to this Declaration,their respective legal representatives,heirs,successors,and assigns,for a term of twenty(20)years from the date this Declaration is recorded in the Office of the Recorder of Deeds of Kendall County,Illinois,after which time said covenants shall be automatically extended for successive periods of ten(10)years,subject to amendment as hereinabove provided. 8.2 If and to the extent that any of the covenants would otherwise be unlawful of void for violation of(a)the rule against perpetuities,(b)the rule restricting restraints on alienation,or(c)any other applicable statute or common law rule analogous thereto or otherwise imposing limitations upon the time during which such covenants may be valid,then said covenant shall continue and endure only until the expiration of twenty-one(21)years after the death of the last to survive of the now living lawful decendants of any current or former Presidents of the United States living at the date of this Declaration. 8.3 If at any time or times the Board shall deem it necessary or advisable to rerecord this Declaration or any part thereof in the Office of the Recorder of Deeds of Kendall County,Illinois,in order to avoid the expiration hereof or of any of the covenants or other provisions herein contained under any provisions of Illinois law,it shall submit the matter to a meeting of herein contained under any provisions of Illinois law,it shall submit the matter to a meeting of the Members of the Association called upon not less than ten(10)days notice,and unless such meeting at least two-thirds(2/3)of all said Members shall vote against such rerecording,the Board shall have,and is hereby granted,power to so rerecord this Declaratioon or such part thereof,and such rerecording shall be binding upon all Owners of any part of the Property in every way and with all the full force and effect as though such action were taken by each of said Owners and the rerecorded document executed and acknowledged by each of them. 8.4 Each grantee of Declarant,by taking title to a Lot,and each purchaser under any contract for a deed of conveyance pursuant to which said grantee will take title,accepts said title 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 shall be deemed and taken to the covenants running with the land,and shall bind any person having at any time any interest or estate in said land,and shall inure to the benefit of such person in the like manner as though the provisions of this declaration were recited and stipulated at length in each and every deed of conveyance,or in any mortgage or trust deed or other evidence of obligations and the rights described in this Section or described in any other part of this Declaration shall be sufficient to create and reserve such rights to the respective grantees,mortgagees and trustees of such Lot as fully and completely as though such rights were recited and fully and set forth in their entirety in any such documents. 8.5 Developer and each Owner from time to time shall have the right jointly and separately to sue for and obtain a prohibitive or mandatory injunction to prevent the breach of or to enforce the observance of,the covenants and obligations above set forth,or any of them,in addition to the right to bring a legal action for damages. 8.6 Subject to the provisions of Section 8.7 and Article IX,the Members may revoke,modify,amend or supplement in whole or in part any or all of the covenants,obligations and conditions contained in this Declaration and may release all or any part of the Property from all or any part of this Declaration. Any such revocation, modification,amendment or supplement may be effective at any time upon a two thirds(2/3)vote of the Members and the Developer consent thereto,the consent of the Developer being required so long as the Declarant owns any Lots. Any such revocations,modifications,amendments or supplements shall be effective only if expressed in a written instrument or instruments executed and acknowledged by each of the consenting Members,certified by the Secretary of the Association and recorded in the Office of the Recorder of Deeds of Kendall County, Illinois. 8.7 Declarant hereby reserves the right and power to record a special amendment(hereinafter the"Special Amendment")to this Declaration at any time and from time to time which amends this Declaration(i)to comply with requirements of the Federal National Mortgage Association,the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation,the Department of Housing and Urban Development,the Federal Housing Association,the Veterans'Administration,or any other governmental agency or any other public quasi- public or private entity which performs for may in the future perform)functions similar to those currently performed by such entities,(ii)to induce any of such agencies or entities to make,purchase,sell,insure,or guarantee first mortgages encumbering any Lot,or(iii)to correct clerical or typographical errors in this Declaration or any Exhibit hereto or any supplement ore amendment thereto. In addition,a Special Amendment shall also be deemed to include,until the Turnover Date,such amendment to this Declaration as Declarant elects to record at any time and from time to time for any other purpose,so long as such amendment will not materially impair the rights of the Owners hereunder or materially increase the expenses to be borne by them hereunder. in furtherance of the foregoing,a power coupled with an interest is hereby reserved and granted to the Declarant to vote in favor of, make,or consent to a Special Amendment on behalf of each Owner as proxy or attorney-in-fact, as the case may be. Said power shall be irrevocable. Each deed,mortgage,trust deed,other evidence of obligation,or other instrument affecting a lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of,and a consent to the reservation of,the power of the Declarant to vote in favor of,make, execute and record a Special Amendment. Subject to the provisions of Section 8.12 hereof,the right of the Declarant to act pursuant to rights reserved or granted under this Section shall terminate at such time as the Declarant no longer holds title to any Lot. 8.8 The Provisions of this Declaration shall be liberally construed to effectuate the purpose of creating a uniform plan for development for the Property. 8.9 In the event title to any Lot is conveyed to a titleholding trust,under the terms of which all powers of management,operation and control of the Lot remain vested in the trust beneficiary or beneficiaries,then the beneficiaries thereunder from time to time shall be responsible for payment of all obligations and undertakings chargeable or created under this Declaration against any such Lot. No claim shall be made against any such titleholding trustee personally for payment of any lien or,obligation hereunder created and the trustee shall not be obligated to sequester funds or trust perperty 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 said Lot and the beneficiaries of such trust,notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to any such Lot. 8.10 All headings set forth herein are Intended for convenience only and shall not be given or construed to have an substantive effect on the provisions of this Declaration. The singular shall include the plural wherever the Declaration so requires,and the masculine the feminine and neuter and vice verse. 8.11 If a court of competent jurisdiction shall hold invalid or unenforceable any part of this Declaration,such holding shall not impair, invalidate or otherwise affect the remainder of this Declaration,which shall remain in full force and effect. 8.12 Notwithstanding anything herein to the contrary,either or both of Declarant and Developer,as Declarant and Developer in their sole discretion may determine,hereby reserve the right to transfer,assign,mortgage or pledge any and all of either's respective privileges, rights title and interests hereunder,or in the Property, by means of recording as assignment of such with the Office of the Recorder of Deeds of Kendall County, Illinois. Upon such assignment,either or both of Declarant and Developer,as the case may be,shall be relieved from any liability arising from the performance or non-performance of such rights and obligations accruing from and after the recording of such assignment. No such successor assignee of the rights of either or both of Declarant and Developer,as the case may be,shall have or incur any liability for the obligations or acts of any predecessor in interest. 8.13 Each Owner of a Lot shall file the correct mailing address of such Owner with the Association and shall notify the Association promptly In writing of any subsequent change of address,provided,however,that if any Owner shall fail to so notify the Association,the mailing address for such Owner shall be the street address of the Lot owned by such Owner. The Association shall maintain a file of such addresses. A written or printed notice, deposited in the United States mails, postage prepaid,and addressed to any Owner at the last address filed by such Owner with Declarant shall be sufficient and proper notice to such Owner and shall be deemed delivered on the third(3'd)day after deposit in the United States mails. 8.14 Owners of any and all property within the Development shall be deemed to have expressly acknowledged that since Kendall County has a long,rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county(zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells,dust,sights,noise,and unique hours of operations that are not typical in other zoning areas. ARTICLE IX ENFORCEMENT The covenants and restrictions may be enforced by any proceeding at law or in equity,either to restrain violation or to recover damages,by the Association,against any person(s)violating or attempting to violate any covenant or restriction. In addition,the Association shall recover its reasonable costs of enforcement(including attorneys'fees)against any Owner(but not the Declarant or Developer)found to be in violation of any covenant or restriction of this Declaration. The village has the right but not the duty to enforce the covenants and restrictions. ARTICLE X AMMENDMENTS This Declaration may be amended provided any such provision for amendment states that amendments to all covenants or restrictions applicable to the Stormwater Detention Facilities is expressly prohibited if the result would in any manner diminish their function of insuring compliance with all ordinance requirements(and other applicable regulations)concerning these improvements,and that the responsibility for continued maintenance, operation and preservation of said facilities shall not be abrogated by such amendment. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Severability. Invalidation of any one or more of the covenants herein by any judgement or Court Order shall in no way affect any of the other provisions herein which shall remain in full force and effect. 11.2 Waiver. The failure by the Association or any Owner or the Village to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, Richard Marker Associates, Inc.has caused its name to be signed in these presents by its President,and thus hereby submits these Covenants and Restrictions to the Recorder of Deeds of Kendall County, Illinois to record this document in the title deeds of said property. Richard Marker Associates, Inc. BY: Attest: BY: Exhibit I Resolution by School District# 115 Waiving Developer Fees for Heartland Meadows Subdivision RESOLUTION OF THE BOARD OF EDUCATION OF YORKVILLE SCHOOL DISTRICT NO. 115 WAIVING DEVELOPER FEES FOR HEARTLAND MEADOWS SUBDIVISION WHEREAS, the City of Yorkville has adopted Land Cash Ordinance 1996-3(I)(B)(1) requiring developers to donate land to school districts based on the number of students generated by new subdivisions; and WHEREAS, Land Cash Ordinance 1996-3(I)(C)(1) allows developers to make cash contributions to school districts in lieu of land donations;and WHEREAS, Yorkville City Code 8-9-1 requires a transition fee of three thousand dollars ($3,000.00) per residential dwelling unit for any new subdivisions in the City of Yorkville to ensure the current quality of educational service provided by local school districts; and WHEREAS, Yorkville City Code 8-9-5 creates an exception to the transition fee requirement for properties that will not be served by Yorkville School District No. 115; and WHEREAS, Heartland Meadows Subdivision is a proposed new development in the City of Yorkville that is to consist of 46 single-family homes at the southwest corner of Freemont and Jackson Streets; and WHEREAS, Heartland Meadows Subdivision is to be developed .as an age-restricted community that will not permit children less than 18 years of age to reside therein and thus significantly reduce the number of students that may attend Yorkville School District No. 115 schools; and WHEREAS, said subdivision should by deed or other restrictive covenant implement the above stated ownership and residency requirements in said subdivision; and WHEREAS, the purpose of the developer donation fees and transition fees is to offset the increased costs incurred by school districts resulting from new housing developments that generate new students; and WHEREAS, Heartland Meadows Subdivision, if developed as an age-restricted community, should have minimal impact on the School District. NOW THEREFORE, BE IT RESOLVED by the Board of Education of Yorkville School District No. 115,Kendall County, Illinois as follows: Section 1: The above recitals are incorporated herein. Section 2: The Board of Education hereby waives the developer fees, land donations, and transition fees to which it may be entitled from Heartland Meadows Subdivision under the City of Yorkville ordinances. Section 3: This waiver is limited to Heartland Meadows Subdivision being established as an age-restricted community wherein landowners must be at least 55 years old and no resident in the subdivision may be less than 18 years old. If said subdivision is not developed as such, the Board's waiver shall be null and void. Section 4: All resolutions in conflict hereto are hereby repealed. ADOPTED this 19th day of May, 2014,by the following vote: AYES: NAYS: ABSENT: BOARD OF EDUCATION OF YORKVILLE SCHOOL DISTRICT NO. 15 By: �Jc. Its: President ATTEST: By: 1` Its: e 268318_1.DOC