STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CONDITIONS, COVENANTS, RESTRICTIONS,
AND RESERVATIONS CONCERNING THE
OAK CREEK SUBDIVISION
THIS AMENDED DECLARATION MADE THIS _______
DAY OF _______________, 20__ BY OAK CREEK
SUBDIVISION HOMEOWNER’S ASSOCIATION,
INC., AN ILLINOIS NOT FOR PROFIT
CORPORATION (hereinafter referred to as
“Association”)
On behalf of all owners of property in the
OAK CREEK
SUBDIVISION, their successor’s, heirs and
assigns.
WITNESSETH
WHEREAS, the Association has been empowered to act on
behalf of all of the lot owners in the Oak Creek Subdivision Unit I and Unit II
in connection with the recording of this Restatement of Conditions, Covenants,
Restrictions and Reservations affecting the property described below in Article
I;
WHEREAS, a Declaration of Conditions, Covenants,
Restrictions, and Reservations was recorded affecting said property on October
19, 1988 as Document 88-5746, and First Amendment recorded on January 7, 1992
as Document 92-0150; and Restatement recorded July 28, 1999 as Document
9911198.
WHEREAS, a Declaration of By-laws of Oak Creek
Subdivision Homeowner’s Association, Inc. was recorded on January 14, 1988 as
Document 88-0215 whereby the Association was empowered to assist in the orderly
development, maintenance and preservation of the Oak Creek Subdivision and
whereas a Declaration of Binding Effect was recorded October 19, 1988 as
Document 88-5747; and
WHEREAS, the Declaration of Conditions, Covenants,
Restrictions and Reservations provided in ARTICLE VII, PARAGRAPH 7 that:
“…Any or all of the covenants herein contained
may be revoked, amended or altered at any time from the date of this
Declaration provided that not less than three-fourth (3/4) of the owners of
real property in Oak Creek Subdivision consent thereof in writing, and provided
further that such amendment(s) be duly recorded with the Recorder of Deeds of
Kendall County, Illinois”
WHEREAS, on or before January 20, 2003 more than three-fourths
(3/4) of the Owners of the real property consented to the Amendment Declaration
of Condition, Covenant, Restrictions and Reservations and directed that the Oak
Creek Subdivision Homeowner’s Association prepare and record the necessary
Amendments.
NOW THEREFORE, Association hereby declares that the
Declaration of Conditions, Covenants, Restrictions and Reservations previously
recorded against the property described above amended as set forth below and
that said amendments shall have the same force and effect and shall apply in
the same manner as if they were contained in the original Declaration of
Conditions, Covenants, Restrictions and Reservations to all sales, transfers,
conveyances and occupations of the property.
ARTICLE
I
PROPERTY
SUBJECT TO THIS DECLARATION
The real property which is, and
shall be held, sold, transferred, conveyed and occupied subject to the
Covenants herein contained is located in the Subdivision of Oak Creek, Oswego
Township, Kendall County, Illinois, and is more particularly described as
follows, to-wit: Lots 1-61 in Unit I and Lots 1-13 in Unity II of Oak Creek
Subdivision, Oswego Township, Kendall County, Illinois.
ARTICLE
II
GENERAL
PURPOSES OF THIS DECLARATION
The real property in Article I
hereof is subject to the covenants hereby declared to insure proper use and
development of the subject property; and to protect the owners of property
herein against such use of surrounding lots as may depreciate the value of
their property; in general to preserve the general welfare, health, safety and
desirability of the land as a residential area.
ARTICLE
III
GENERAL
RESTRICTIONS
1.
Land Use and Building Type:
All lots covered hereby
shall be used for single family, private residential purposes only, unless designed
for the other purposes on the master plan.
No gainful occupation or profession, or other non-residential use, shall
be conducted on any lot(s) or in any building located on any lot(s). No noxious or offensive activity shall be
carried on in or upon any premise, nor shall anything be done thereon which is
or may be or become any annoyance or nuisance to the neighborhood. No livestock (including horses and farm
animals), poultry, or more than two domestic animal pets (only dogs and cats
shall be considered domestic animal pets for the purpose of this covenant)
shall be kept or maintained on any lot, said owner shall at all times secure
their said animals so as not to infringe upon or cause a hazard to other owners
or their property. Dogs and cats must be
contained on owner's premises or on a leash in other areas. No burning of refuse shall be permitted
outside any dwelling, except that the burning of leaves naturally upon the
premises is allowed. Commercial vehicles
shall not be habitually parked in the subdivision. "Commercial vehicles" shall include
all forms of transportation which bear signs or have printed on the same
reference to any commercial undertaking or enterprise. In addition, no trailers, mobile homes, or
recreational vehicles of any kind shall be habitually parked in said
subdivision unless within a garage located thereon. Habitually parked for purposes of these
restrictions shall be defined as parked in said subdivision, not within a
garage located thereon, for a period in excess of three (3) consecutive days.
2.
Dwelling Quality and Size:
All dwellings shall be
constructed in accordance with the requirements of the applicable zoning
ordinances of the County of Kendall and in accordance with such other standards
as may be adopted by the Architectural Review Committee as hereinafter
established. No construction of any kind
including but not limited to: the erection or re-erection of any building; the
erection or re-erection of any accessory building or structure; or the installation
of any garage, driveway, parking area or similar structure may occur until and
unless the plans and specifications therefore have been approved in writing by
the Architectural Review Committee. This
Committee shall have the right to review all such plans and specifications and
to accept or reject the same if, in the opinion of the Committee, they are not
suitable or desirable for aesthetic or other reasons. Such plans and specifications shall be either
approved or disapproved by the Architectural Review Committee within thirty
(30) days after their submission for review and if disapproved, the reason(s)
therefore shall be given by the Committee.
Plans and specification approval or disapproval shall be based on exterior
appearance only. In no instance shall
any structure be approved where the same will or may interfere with the public
safety. In any event, the ground-floor
living area of each dwelling, exclusive of attached garage, carports, patios,
open terraces, courts, breezeways, and basements shall be:
a. For one-story dwellings - not less than
2,500 square feet;
b. For dwellings of more that one-story -
not less than a total square footage of 2,800 square feet in the entire
two-story residence;
c. Any tri-level or raised ranch shall
contain not less than 2,500 square feet of living space.
Basements, garages and porches shall
not be considered living area for the purpose of computing square footage in
this provision (a-c) herein. No above
ground pools shall be constructed or installed in the subdivision.
3.
Building Locations:
No building shall be
located on any lot nearer to a street or an adjacent lot than is provided by
the provision of the Zoning Ordinance of the governing body politic and
corporate.
4.
Lot Area and Width:
No dwelling shall be
erected, placed or be permitted to remain on any lot having an area less than
was originally platted as an entire lot unless approved in writing by the
Architectural Review Committee. No
resubdivision of any lot within Oak Creek Subdivision shall be done.
5.
Easements:
Each of said lots in
said subdivision is subject to permanent easements for installations and
maintenance of utilities and for drainage facilities, and the same are reserved
as shown, or otherwise noted, on the recorded plat. Within such easement, no structures,
buildings, planting or other material shall be erected, planted or stored where
the same may damage or interfere with the installation and maintenance of
utilities or which may change the direction of flow of drainage channels in
said easements. The easement area in
each lot shall be maintained by the owner of said lots except for such
improvements installed and maintained by public authority or a public utility.
6.
Utilities:
Any utility lines on
property shall be installed underground.
7.
Temporary Structures:
No structure of a
temporary character, trailer, incomplete buildings, tent, shack, garage, barn,
basement or other outbuilding shall be used on any time as a residence, either
temporarily or permanently. Temporary
buildings or structures used in the construction of any dwelling shall be
removed immediately upon the completion of such construction.
8.
Garages and Driveways:
Access driveways and
other areas for vehicular use shall be erected and maintained on every
lot. Entrances for each driveway shall
be subject to approval by the County of Kendall and Oswego Township Highway,
Street Departments. Each lot shall
contain one enclosed attached garage with not less than two parking spaces
therein. Adequate off-street parking
spaces shall be provided by the owner of each individual lot to avoid any
habitual use of on-the-street parking.
The driveway may be counted in computing such off-street parking. Said driveway approach and driveway shall be
paved or concrete in such manner as to prevent erosion. All plans and specifications for driveways,
parking areas, culverts and pavement edging or markers must be approved in
writing by the Architectural Review Committee.
Each homeowner or builder shall be required to install a concrete
culvert where each respective driveway crosses a ditch in said subdivision,
together with a flared end section in a width to be determined by the Kendall
County or Oswego Township Highway Departments.
9.
Utility or Storage Building:
A utility or storage building may be
erected on each of the lots, providing the County of Kendall acceptance of this
plat so permits. Said utility or storage
building shall only be built after obtaining the approval of the Architectural
Review Committee, as provided herein.
The size of said building may be a maximum of 600 square feet and shall
not be located farther forward than the rear point of the residence; and said
utility or storage building shall be the second and only other structure to be
built on that lot; and must conform to the same architectural style as the
dwelling unit.
10.
Plant Diseases or Noxious Insects:
No plants or seeds or
other things or conditions, harboring or breeding infectious plants, plant diseases
or noxious insects shall be introduced upon any lot or portion hereof.
11.
Garbage and Refuse Disposal:
No lot shall be used or
maintained as a dumping ground for rubbish, trash, garbage or other waste. All garbage shall be kept in sanitary containers. No incineration or other equipment shall be
erected for the disposal of rubbish, trash, garbage or other waste. No dumping of refuse, dirt, etc. in drainage
ditches or drainage easements shall be allowed.
No burning shall be permitted on any street surface.
12.
Construction Materials:
A) In no event shall
said dwelling, house, garage or other structure be constructed with the use of
roll paper exterior siding or imitation brick or shingle exterior siding of
asphalt or granule composition, it being the intention and purpose of these
covenants to assure that all dwellings erected thereon shall be of good
quality, workmanship and materials. It
is further intended that brick, stone and wood materials be used to conform to
the natural setting. All materials used
in the construction of any structure must be new, except that non-new materials
used for decorative purposes only may be used if approved in writing by the
Architectural Review Committee.
B) Siding: All natural materials such as wood, brick,
stone, Hardie Board and stucco may be used for siding purposes. Aluminum siding, vinyl siding, or composition
materials shall not be used on any exterior siding on residences constructed in
said subdivision.
C) Roofing: Cedar, clay tiles, cement tile, and other
natural materials are the recommended materials. The Architectural Review Committee may
approve other materials if they feel they are consistent with the architecture
for the dwelling being constructed and keep with the spirit of development of
Oak Creek Subdivision. The decision of
the Architectural Review Committee shall be binding.
D) Fencing of lot
perimeter shall not be allowed. Privacy
fences, pool security fences, and dog kennel fences may be constructed on lots
located in said subdivision upon prior written approval of the Architectural
Review Committee. Said approval should
not be unreasonably withheld considering the nature and use of said fencing.
E) Antennas, Towers,
Satellite Dishes: No exterior antennas, aerials, satellite dishes, transmission
and/or reception towers or other apparatus for the transmission and/or
reception of television, radio, or other signals of any kind (with the
exception that a single shaft, omnidirectional antenna for the purpose of
transmission/reception of security/alarm data may be allowed when such antenna
is to be installed on the exterior of the residence or any other improvement,
subject to the express prior approval of the Architectural Review Committee)
shall be placed, allowed or maintained upon any portion of the individual lots
or the improvements thereon; provided, however, that satellite dishes which do
not exceed one meter in diameter may be placed, allowed and maintained on lots
or improvements subject to any applicable guidelines adopted by the Board of
Directors or its duly appointed Committees.
F) Exterior Lighting and
Security Lights: Coach lights, driveway lights and security lights may be
installed by each individual lot owner subject to prior written approval by the
Architectural Review Committee in order that they not be offensive to adjacent
property owners.
G) Homeowners may not
remove any healthy tree with a diameter of more than twelve (12) inches without
the approval of the Architectural Review Committee or unless it lies within the
approved building pad, driveway or within twenty (20) feet of the dwelling
structure. Special authorization shall
not be withheld unreasonably by the Architectural Review Committee where the request
is reasonable and in the best interest of the individual homeowner giving due
consideration to the Association and the aesthetics of the subdivision as a
whole.
13.
Occupancy:
No dwelling may be occupied until the exterior thereof shall have been completely finished, including paint or equivalent type coating on all exterior paintable or coatable surfaces. Driveway approaches and driveway must also be completed at such time. This provision may be waived by the Architectural Review Committee, in their discretion and under proper circumstances.
14.
Sign:
No sign of any kind
shall be displayed to the public view on any lot except a professional sign of
not more than five (5) square feet advertising the property for sale or signs
used by a builder to advertise the property during the construction and sales
period.
15.
Upkeep and Repair:
Every lot and structure
on the lot shall at all times be kept in a state of good repair by the owner(s)
or occupant(s) thereof. The owner of
each lot will keep his lot mowed or shall pay for having it mowed.
16.
Landscaping:
All lawns must be seeded
or have sod installed within one season of the completion of the construction
of said residence on any lot. All
purchasers of lots within said subdivision shall keep them mowed, and no lot
shall be mowed less than five (5) times during any one year. In the event any vacant lot remains in an
unmowed and unsightly condition for a period in excess of one (1) month, the
Homeowner’s Association reserves the right to have said lot mowed and to charge
the owner of said lot for the mowing and for any legal expense incurred in the
collection of said indebtedness.
ARTICLE
IV
ARCHITECTURAL
REVIEW COMMITTEE
1. Creation:
The Architectural Review
Committee is hereby created. A
shareholders meeting shall be held to elect a Board of Directors containing
five (5) members. Said Board of
Directors shall have authority to create and appoint shareholders and directors
to such committees as the Board deems fit.
The Board of Directors
shall appoint an Architectural Review Committee of three (3) persons which
shall consist of two (2) members of the Board of Directors and any other
Shareholder of the Associations, all serving one (1) year terms of office.
Decisions of the
Committee shall require majority approval of any matter regarding the
architectural controls for the subdivision as established herein.
Prior to commencement of
construction every lot owner, builder, or developer must submit for review and
approval by the Architectural Review Committee detailed drawings as to:
a) Architectural design of the home.
b) Site drawing.
c) Drainage plan for surface and sub-surface
water.
2.
Powers and Duties:
All plans and
specifications and any other necessary information shall be filed with the
Architectural Review Committee for approval or disapproval prior to the
commencement of construction by an owner(s) or occupant(s). Any and all buildings and structures upon
said lots must be submitted and approved by the Architectural Review Committee
and must conform in workmanship, materials and architectural harmony to other
structures thereon. Such plans and
specifications shall be approved or disapproved by a majority vote of this
Committee within thirty (30) days of the day on which such plans and
specifications are submitted for consideration and a written report shall be
transmitted by the Committee to the applicant, either approving the proposed
plans and specifications or disapproving the same and stating the reason(s)
therefore. In the event this Committee
fails within such thirty (30) day period, to approve or disapprove such
proposed plans and specifications, and in the further event no suit to enjoin
the proposed construction has been filed within a thirty (30) day period after
the commencement of construction, then the provisions of this Declaration shall
be deemed to have been complied with and written approval shall not be
required.
ARTICLE
V
INDIVIDUAL SEWAGE
DISPOSAL AND TREATMENT SYSTEM
1.
Regulations:
The owner of each lot
upon which is constructed a dwelling is responsible, at his expense, for his
own sewage treatment disposal system which must conform in every detail and
construction to the applicable standards of the "Private Sewage Disposal
Licensing Act and Code", State of Illinois Department of Public Health,
1974, or the latest revision thereof.
The work and construction shall also conform to the applicable Kendall
County regulations. Every such owner
will keep said system in good repair.
2.
Contractor and Installations:
All household sewage
disposal systems shall be installed by a contractor properly licensed, in
accordance with the state and county standards.
All plans of the disposal system shall be submitted to the Architectural
Review Committee and the county for approval.
Each disposal system shall be inspected at the required times as
provided by the applicable state and county statutes, ordinances or
regulations. The Architectural Review
Committee may require any individual lot owner to install a mechanical septic
system or cavitate system if necessary for proper absorption.
3.
Percolation:
Any percolation tests
shown on the subdivision plat, or other plans, are of a general nature
only. The design of any individual
septic system is to be based upon actual tests run by the contractor performing
said work or by the owner of said individual lot.
ARTICLE
VI
COUNTY
ORDINANCES
1.
All provisions of the Kendall County Storm Water Control Ordinance shall
be complied with and are herein adopted by reference as if more fully set out
herein.
2.
All provisions of the
Kendall County Erosion and Sedimentation Control Ordinance shall be complied
with and are herein adopted by reference as if more fully set out herein.
3.
The owner of each
lot, whether or not there is a dwelling constructed thereon, agrees that they
will not petition for nor sign any annexation agreement to annex their lot or
lots to any local municipality without having first petitioned the Board of
Directors for permission to do so and having received the affirmative votes of
a majority of the board as well as the owners of ¾ of the lots in the
subdivision to do so. Any annexation
agreement signed, approved and/or recorded by any local municipality in
violation of this provision shall be considered to be void and the Association
reserves the right to seek declaratory relief to vacate said annexation
agreement and for such other relief as may be available.
ARTICLE
VII
GENERAL
PROVISIONS
1.
Duration of Declaration:
Each of the Covenants
set forth herein shall continue and be binding for an initial period of
twenty-five (25) years from the date of this Declaration, during which period
they may be altered or amended, as provided in Article VIII, paragraph 6
herein, and thereafter for successive periods of ten (10) years each, but
subject to amendment.
2.
Applicability of Covenants:
The Covenants herein set
forth shall run with the land, and be binding upon Developer, its successors,
grantees, and assigns and all subsequent owners, their successors, grantees,
heirs and assigns. Any owner of the
above lots and/or the Board of Directors shall have the right, from time to
time, to sue, jointly or severally, to obtain a prohibitive or mandatory
injunction to prevent a breach or enforce the observance of any or all of the
covenants contained herein.
3.
Enforcement shall be by proceeding in law or in equity against any
persons violating or attempting to violate any covenant either to restrain
violation or to recover damages.
4.
Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the provisions which shall remain in full force
and effect.
5.
Duty of Board of Directors:
The duty of the Board of
Directors to enforce any covenant herein contained shall be discretionary, and
the Board of Directors shall incur no liability for failing to enforce said
covenants. The Board of Directors may at
any time elect to enforce any and all of the covenants hereintofore set out,
and the failure to enforce any of said covenants at any time shall not act as a
waiver of the authority granted herein.
6.
The Board of Directors and/or Architectural Review Committee shall incur
no liability for the maintenance, design or construction of any home or
structure on any lot located within said subdivision.
7.
Amendment:
Any or all of the
covenants herein contained may be revoked, amended or altered any time from the
date of this Declaration, provided that not less than three-fourths (3/4) of
the owners of real property in Oak Creek Subdivision consent thereof in
writing, and provided further that such amendment(s) be duly recorded with the
Recorder of Deeds of Kendall County, Illinois.
For the purpose of this provision, each lot shall be entitled to only
one vote, whether a lot be owned by one individual or jointly with another.
ARTICLE
VIII
HOMEOWNER'S
ASSOCIATION
Each purchaser of a lot within Oak
Creek Subdivision and their successors, heirs and assigns shall automatically,
by reason of said purchase, become a shareholder of Oak Creek Subdivision
Homeowner's Association Inc., an Illinois corporation. Each lot purchaser and lot owner shall be
responsible for their proportionate share of maintenance of the common areas of
the Subdivision and of the Subdivision Clubhouse so long as said Corporation
remains in existence. Each purchaser of
a lot shall further be bound and agrees to accept all of the conditions set
forth in the By-laws, and rules from time to time promulgated by said
Homeowner's Association. By receipt of
the undersigned Covenants, each homeowner acknowledges receipt of the foregoing
Covenants, and a copy of the By-laws of said Homeowner's Association.
IN
WITNESS WHEREOF, Association has
executed the within Amended Declaration of Condition, Covenants, Restrictions
and Reservations the day and year first above written.
OAK CREEK SUBDIVISION HOMEOWNERS ASSOCIATION, INC.
By:_______________________________________________________
Tyler Temple, President on behalf of the OAK CREEK SUBDIVISON
HOMEOWNERS ASSOCIATION, INC., an Illinois not for profit corporation.
ATTEST:______________________________________________________
Tom Hytry, Secretary on behalf of the OAK CREEK SUBDIVISION
HOMEOWNERS ASSOCIATION, INC., an Illinois not for profit corporation.
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, the undersigned, a Notary Public, in and for the County and State aforesaid said, DO HEREBY CERTIFY that TYLER TEMPLE personally known to me to be the President of the OAK CREEK SUBDIVISION HOMEOWNER’S ASSOCIATION, INC., an Illinois not for profit corporation and TOM HYTRY personally known to me to be the Secretary of said corporation and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such President and Secretary of said corporation, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as free an voluntary act of said corporation, for the uses and purposes therein set forth.
Given under my hand an official seal this ______ day of _______________, 20__
_______________________________
Notary Public
This instrument prepared by and return to:
BETH JOHNSON
47 OAK CREEK DR.
YORKVILLE, IL 60560
(630) 553-9722