DECLARATION
This Declaration made this 26th day of August 1977 by Hazelwood Homes, Inc., an Illinois Corporation, whose officers are Robert M. Pettit, Jr., President; Robert J. Ford, Executive Vice President; Glen A. Zielinski, Vice President; and Virginia A. Pettit, Secretary-Treasurer, WITIIESSETH:
Whereas, said Hazelwood Homes, Inc., herein after called “owners,” in fee simple of the following described property to-wit:
Lots 1 - 85, inclusive, and Outlots “A,” “B” and “C” Hazelwood Heights Subdivision, subdivision located in the East half of the Southeast Quarter of Section 35, Township 18 North, Range 2 East of the 4th Principal Meridian, Henry County, Illinois, according to plat thereof recorded in the Recorders Office of Henry County, Illinois on August 26th 1977 as Document Number 77R5553 .
Whereas, it is the desire and intention of the said owners to sell lots in said subdivision and to impose on all of said property mutual, beneficial restrictions under a general plan or scheme of improvement for the benefit of all lots in said subdivision and the future owners of said lots;
NOW, THEREFORE, said Hazelwood Homes, Inc., hereby declare that all of the property herein before described is held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following limitations, restrictions, conditions, and covenants all of which are declared to be in furtherance of a plan for the subdivision, improvement, and sale of the lands and are established upon and for the purpose of enhancing and protecting the value, desirability, and attractiveness of the land and every part thereof. All of the limitations, restrictions, conditions, and covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the described land or any part thereof.
I.EASEMENTS:
Easements are hereby reserved to owners, to Geneseo Telephone Company, and to Iowa-Illinois Gas and Electric Company within 5 feet of all lot lines, within ten feet of all street lines or as indicated otherwise by the plat within the property herein before described for installation and maintenance of utilities and drainage facilities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible.
II.WATER SYSTEM:
A.Owners recognize the necessity of having an available water supply to service Lots 1 - 85 inclusive, and excluding Outlots “A,” “B” and “C” Hazelwood Heights Subdivision, for the use of persons owning or occupying residence structures situate, lying and being in any subdivision in premises herein before described and to that and Owners agree that they will at their expense:
1.Drill a well or wells which will produce an adequate water supply for all occupants of residential structures located on any lot owned by any person or persons in said area.
2.Furnish and provide a water distribution system to said persona.
3.Make water available adjacent to any lot owned by said person or persons.
B.Owners further agree that they will, without cost to Water Association, within sixty (60) days after the election of the first Board of Directors of Water Association as herein provided for:
1.Convey by quit claim deed to Water Association that area upon which the water well or wells drilled by them are located.
2.Convey to Water Association by appropriate instrument or instruments the machinery and equipment located on said parcel of ground.
3.Convey to Water Association by appropriate instrument or instruments the water distribution system as laid out and provided by it.
C.In the conveyance to be made to Water Association by Owners of said parcel of ground where the water wells are located together with the machinery and equipment located on said parcel of ground and the water distribution system, a provision or provisions shall be made that said Water Association shall not be authorized to sell, pledge, mortgage, encumber or dispose of the parcel of ground on which the water wells are located and the water wells together with machinery, mains, pipes, or otherwise, provided for the distribution of water until sixty (60) percent of all lots located in the subdivision, as platted by it and situate in said premises shall have been sold by Owner to individual owners.
D.Owners further agree that they will, until such time as Water Association has been formed, and has taken over the operation of said water distribution system, furnish and provide water to the occupants of any lot in the subdivision excluding Outlots “A,” “B” and “C to be platted by owners in premises herein before described and at a reasonable cost in the sub division as platted and as located in said premises.
III.WATER ASSOCIATION
A.Organization and Purpose
1.When twelve (12) or more of the lots in the subdivision as platted by Owners have been sold by Owners, their successors or assigns, to individual owners and twelve (12) or more of said individual owners have improved said lots by the having of a residence building thereon, Owners agree that they will within sixty (60) days after the completion of the twelfth residence structure in the subdivision as hereafter platted by Owners, cause a corporation not for pecuniary profit to be formed under the laws of the State of Illinois to be known as “HOMEOWNERS OF SUBDIVISION”, or such other suitable name as may be available.
2.Said Water Association shall be authorized to own, manage operate and improve the water supply and distribution system in the Subdivision, as platted by Owner and situate in “Area”, to establish and fix charges and rates and to collect the charges made for the providing of water to members of Water Association, their lessees, or otherwise.
3.Said corporation to be formed shall be not for profit.
B.Membership
1.Membership in said Association shall be limited to owners of a lot or lots in the subdivision now platted, or hereafter platted by Owners, and which is situate in premises herein before described.
2.Each owner of every improved lot having a residence structure thereon shall automatically be and become a member of Water Association and each member of Water Association shall be entitled to have one (1) vote at all meetings for each improved lot owned by the member.
3.No member shall be expelled or voting rights cancelled by Water Association provided, however, that no member be entitled to vote on any matter during such period of time as such member of his or her lessee is in default in the payment of any water bill owed to Water Association.
4.Membership in Association shall not be restricted for any reason.
5.Membership in Association shall automatically cease and determine when a person or persons cease or ceases to be an owner of an improved lot with a residence structure thereon in the subdivision as platted by Owner and as situated in “Area”.
6.Members may vote in person or by proxy and only members of Water Association whose property, or properties, is or are improved by having a residence thereon shall be entitled to vote and be a member of Association.
C.Directors and Officers
1.As soon as conveniently possible after the issuance of the corporate charter to Water Association, a meeting shall be called pursuant to a written notice given by the incorporators of Water Association to all owners of improved lots in the Subdivision and which said improved lot or lots contains a residence building therein, said notice to given to said owner of the time and place of the meeting to be held.
2.At the first meeting so held five (5) directors shall be elected by the owners of all improved lots having a residence structure thereon.
3.The five (5) directors so elected shall hold office until the first annual meeting to be held by Water Association.
4.The five (5) directors so elected shall immediately after the adjournment of the meeting of Water Association elect from their members a President, a Secretary and a Treasurer and the business affairs of Water Association shall thereafter be managed by the Board of Directors elected by the owners of improved lots.
5.In the event of a vacancy in the office of Director, due to death, resignation or no longer being the owner of an improved lot with a residence structure thereon, situate in the subdivision to be platted by Owner in “Area” or otherwise, the remaining Directors shall elect a successor Director or Directors to serve the unexpired term of the office to which he or she succeeds.
6.The Board of Directors shall also have the right and power to fill any vacancy, which might occur in any office of the corporation.
7.Water Association, after its organization, shall have its annual meetings on the third Tuesday of January of each year and the Secretary of said Association shall notify all members in writing at least ten (10) days before the holding of said annual meeting of the time and place of the holding of said annual meeting.
8.At the first annual meeting five (5) directors shall be elected, two (2) directors receiving the highest votes shall serve for a period of three (3) years, two (2) directors receiving the next highest shall serve for a period of two (2) years, the other to serve one (1) year.
9.At each annual meeting of Water Association, Directors shall be elected to fill the office of Director whose term expires at the time of the holding of said annual meeting. Water Association shall in its by-laws provide for the holding of any special meeting and the transaction of other business not inconsistent with the provisions of law or the provisions hereof.
D.Rates, Charges and Failure to Pay Charges
1.The rate or rates to be charged to owners of improved property located in the subdivision as platted by Owner for water shall be fixed at a rate or rates sufficient to provide for the continuous operation of a water supply system, and to maintain an adequate reserve fund for water supply purposes and any emergency that may arise and all to the end that the water wells, equipment, machinery, mains, pipes or otherwise used for the providing of distribution of water shall at all times be adequate.
2.All funds raised or collected by Water Association for the providing of water shall be kept in a separate account and such funds shall be expanded only for such purpose or purposes as are directly connected with the producing and supplying of water to persons entitled thereto.
3.Water Association shall have the right, power, and authority to make any general or special assessment against members for the sole purpose of providing an adequate water supply and water distribution system provided, however, that no general or special assessment shall be made without the giving of notice to all members that Water Association will hold a meeting at a time and place to be fixed by said Water Association for the purpose of levying a general or special assessment and no general or special assessment shall be made by Water Association without the consent and approval of a majority of all votes of eligible members of Water Association.
4.Water Association shall also have the right, power, and authority to fix the time when said general or special assessment shall be payable and said assessment or assessments shall bear interest at the rate of six percent (6%) per annum from due date and the payment of both principal and interest may be enforced by Water Association as a lien on the real estate on which said bill or special assessment is made and said lien may be enforced in any court in Henry County, Illinois, having jurisdiction of suits for the enforcement of such liens.
5.Water Association shall in addition to the foreclosure proceeding above provided for, have the right to institute actions in law against the owner or owners of said improved lots to recover any part of special assessment made by it and not paid by the owner or owners to Water Association.
6.Water Association may suspend the furnishing and providing of water to any person or persons, or otherwise, during such period of time that water bills are not paid by members, their lessees, or otherwise, for water, and Water Association shall be authorized to shut off and refuse to supply water to members, their lessees or otherwise only until such time as the water bills are paid and upon payment thereof water service shall be promptly restored to members, their lessees, or otherwise.
7.Water Association shall make no charge for the original connection by the owner of any lot in the subdivision as platted by Owners to the Water Supply System.
E.Changes No change in the corporate purposes or objects as set forth in the preceding paragraphs shall be made by Water Association during the first two years of its existence without approval of the Owners, and after said two years no change in the above provisions shall be made excepting by a two-thirds (2/3) majority of all eligible votes.
IV.COVENANTS, CONDITIONS AND RESTRICTIONS
A.Title is subject to utility easements as shown on the recorded plat of Hazelwood Heights Addition.
B.Residence and other permitted uses, building set-back lines and restrictions shall be as set forth in the Henry County Zoning ordinance, R-2 Country Home Districts, except as herein modified.
C.One story homes must be not less than 1400 square feet of living area. Split level homes must have not less than 1000 square feet of living area on the main levels. Two (2) story homes must have not less than 900 square feet of floor space on one level.
D.All homes must be finished and ready for occupancy within one year from start of construction.
E.All homes must have garages as component parts.
F.Every residence must have facilities for off-street parking. Vehicles are not to be left or parked on the streets as a matter of practice.
G.Animals and pets must be confined to the owners property, and kept in neat quarters under sanitary conditions. Under no conditions shall any type of animal be allowed to roam at will, day or night.
H.No residence shall be occupied, even temporarily, until the living area on the main floor has at least the interior wall covering (plaster or dry wall) applied.
I.No fence or other structure shall be erected nor trees or shrubs be allowed to grow in such a manner as to hinder or obstruct the vision of motorists at street intersections.
J.Lots and properties must be maintained in a neat condition. Weeds must be kept cut to a height not to exceed 12 inches. Buildings shall not be left unpainted. Vehicles in a non-operative condition shall not be kept in the open as a matter of practice.
K.Owners of lots adjacent to ground zoned for Agriculture shall construct and maintain a suitable fence between said lot and a4jaoent agricultural land, such fence to be so constructed as to turn livestock.
L.The speed limit for vehicles on streets in the addition shall be 20 miles per hour.
M.The owner of the lot shall install and maintain a sewage disposal system for his own property, with septic tank and disposal field, which meets regulations of the State of Illinois. Septic tank drain field drain tile for each lot shall not be closer than 10 feet to any lot line.
N.In order to maintain the beauty and standard of excellence in said subdivision, all lot owners are required to submit residential building plans to the developers and to secure their approval thereof before application is made by the lot owners for a building permit.
O.These covenants are to run with the land and shall be binding on the developers, all purchasers from them and all parties claiming through or under said purchasers.
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