DECLARATION OF COVENANTS AND RESTRICTIONS
Greenville Park
Tazewell County

This Document Prepared by and Return to:
Paul R. Killinger
611 W. Savanna Ct.
Dunlap, IL  61525

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GREENVILLE PARK, SECTION 1

DECLARATION OF COVENANTS AND RESTRICTIONS

THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made this _______, day of _____________, 2006 by East Peoria Development Company, L.L.C., the owner and developer (“Developer”) of the real estate which is described in Exhibit A attached hereto and made a part hereof (the “Subdivision”).

The Subdivision, together with al improvements now and hereinafter erected, shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, privileges and liens set forth which shall be binding upon all parties acquiring any title, right or interest therein and which shall run with the land and inure to benefit of Developer, all lot owners and their heirs, successors and assigns. 

1. APPLICATION OF RESTRICTIONS.  All persons, corporations, trusts or other entities that now hold or shall hereafter acquire any interest in any part of the Subdivision shall be taken to agree to comply with the covenants, conditions, restrictions and stipulations contained herein as to the use of the Subdivision and the construction of residences and improvements therein, as hereinafter set forth.
   
   
2. DEVELOPER APPROVAL.  No construction work shall be commenced upon any building, outbuilding, structure, fence or in-ground swimming pool unless the plans and specifications therefor have been submitted to and approved, in writing, by the Developer as complying with the terms and provisions of these restrictive covenants.  The plans and specifications shall show the construction details, including the nature, kind, shape, height, material, and color scheme and shall include a plot plan showing the lot lines, required yards and proposed location of all structures and the grading plan of the building site.
   
   A minimum of two copies of the building and the site plans shall be submitted to the Developer at least twenty (20) working days prior to the commencement of any proposed construction.  The Developer shall review these plans and shall respond within ten (10) working days in writing of his acceptance or rejection of the plans.  If the plans are rejected, the lot owner agrees to refrain from any construction and shall submit new designs or drawings for approval.  All dwellings shall be constructed in the strict conformity with the approved plans and specifications and no construction shall begin without written approval of the Developer.  All applicable municipal permits shall be obtained, and fees paid, to the city of East Peoria prior to the start of construction.
   
   
3. PROPERTY USE.  The Subdivision and all lots therein shall be used only for single-family residences.  No portion of the Subdivision, improved or unimproved, shall be used for any commercial, manufacturing, professional, religious, fraternal or other business purposes, including, without limitation, the manufacturing and sale of intoxicants.  Business offices in the home shall be permitted only for the use of the resident and no outside employees or customers shall be permitted.
    
   
4. CONSTRUCTION REQUIREMENTS.  Only one residence shall be permitted per lot.  The construction of a residence on a lot in the Subdivision shall be governed by the following specifications:
   
   a) Square Footage Requirements.  The living area of a residence shall not be less than 2,400 square feet.  Basements, breezeways, garages and enclosed porches shall not be calculated in determining square footage.  All residences shall be located on the lot as approved by the Developer. 
   
   b) Setback Requirements.  All lots shall maintain a thirty (30) foot front yard setback.  No structure (including but not limited to buildings, porch, and air conditioner) shall be located within the front yard setback.  All lots shall maintain a rear yard setback of twenty-five (25) feet.  No structure shall be placed in the rear yard setback other than in ground swimming pools.   Side setbacks shall be required as set forth in ordinances of the City of East Peoria.
   
   c) Permitted Exterior.  No wallboard, sheet metal, tar paper or roofing paper shall be used for any exterior wall coverings or roofs.  Materials shall be of a suitable quality, grade and coloration to conform and harmonize with other improvements in the Subdivision.  Stone, brick, concrete sliding, premium vinyl and wood shall be permitted exteriors.  Permitted exterior materials must cover all surface areas to within six (6) inches of finished grade.  Forty percent (40%) of exterior front, including garage, shall be faced with brick or stone.  Such materials shall be of a suitable quality, grade and coloration to conform and harmonize with other improvements in the Subdivision.  All roofing material shall be medium-dark to dark in color.  Only architectural grade shingles shall be permitted.  No flat composition roofing will be allowed.  Weight, thickness and color of roof shingles and exterior siding shall be subject to Developer’s approval.  Samples or suitable description of all exterior materials shall be submitted to Developer for approval as part of the approval process designated in Section 2.  No materials other than new materials shall be used for external construction and finish of any structure. 
   
   d) Modular Construction.  No Completely modular construction shall be allowed; however, pre-cut and/or pre-assembled components may be used. 
   
   e) Fireplace Chase.  Fireplace chase cannot be cantilevered but must begin at the foundation and must be approved materials of brick, stone, or wood.  No exposed metal stovepipe will be permitted.
   
   f) Garages.  Each residence constructed on a lot in the Subdivision shall contain an attached, enclosed garage adequate to store three vehicles.  The garage shall conform to the architecture, materials and location of the attached residence.  In addition, each lot shall have the capability to provide off-street parking for at least two cars on a paved surface.
   
   g) Driveways.  All driveways leading from the street to the garage shall be of brick or concrete.  Driveways may be composed of asphalt if permission is granted in writing by the Developer.
   
   h) Sewage Requirements.  All residences shall connect to the sanitary sewer system.  Basement sanitary sewer connections shall require an ejector pump.
   
   i) Excavation.  All materials excavated from any lot in the Subdivision shall be removed from the Subdivision unless permission is otherwise granted in writing by the Developer.
   
   j) Grade Elevation Control.  No building shall be erected and placed on any lot until the location of the structure on the lot and finish grade elevation have been approved by the Developer.  Said approval shall be received prior to obtaining any building or excavation permit.  The final finish grade shall be roughly the same as the existing grade.  Sites are to be minimally disturbed to maintain the character of the land.  Grading of each building site and setting of finished floor elevations of structures shall be completed such that water drainage around and away from completed structure does not encroach on adjacent properties. 
   
   k) Landscaping.  The front yard of each lot shall be sodded by the owner of the lot after substantial completion of the principal structure as soon as weather reasonably permits.  A variance may be granted by the Developer for front yards larger than ten thousand (10,000) square feet.  The remaining lot area shall be sodded, seeded or have other appropriate ground cover.
   
   In order to complement the existing natural character of the subdivision, a minimum of two (2) deciduous trees of at least two-inch caliper (as measured two (2) feet above the ground) of a native hardwood variety shall be planted along each lot frontage on private property.  In no case shall a tree be planted closer than fifty (50) feet to the nearest tree.  The Developer reserves the right to approve the species and location of trees planted.
   
   l) Certificate of Occupancy.  No house shall be occupied until a Certificate of Occupancy has been issued by the City of East Peoria Building Department.
   
   m) Sidewalks.  Sidewalks must be installed by and at the expense of the lot owner upon the earlier of (I) six (6) months after completion of construction of a residence on the lot, or (ii) when required by governmental authority.
   
   n) Tree Removal.  No tree in excess of eight (8) inches in diameter, measured one (1) foot above the ground, shall be destroyed or removed except by approval of Developer.
   
   
5. CONSTRUCTION REGULATIONS
   
   a) Temporary Structures.  No trailer, tent, shack, garage, barn or other outbuilding shall be at any time used as a residence, temporarily or permanently, in the Subdivision.  No home shall be occupied as a residence until the exterior of such residence is completed in accordance with the approved plans and certificate of occupancy has been issued by the appropriate authority.
   
   b) Maintenance of Lot Site During Construction.  During the course of construction, all materials and equipment shall be stored only on the lot on which construction is underway.  Debris and waste shall be removed from the premises each week or be suitably covered.  Lightweight debris shall be stored in containers to avoid blowing on adjacent lots.  The intent of this covenant is to maintain and preserve a clean and neat appearance at all times.  In addition, the building site shall be maintained in compliance with the City of East Peoria erosion and sediment control regulations.  Debris shall be swept from street. 
   
   c) Builder Registration.  Prior to construction, the lot owner will provide Developer with a signed agreement by the owner’s builder of responsibility for construction containment on the lot and cleanup of all affected areas from construction. 
   
   
6. DETACHED BUILDINGS.  No detached structures or outbuildings shall be constructed or permitted in the Subdivision including, but not limited to playhouses, storage buildings and animal shelters.  Gazebos, garden bridges and trellises may be considered but must be approved by the Developer.  Doghouses will be allowed but shall be designed and constructed in a way to blend with the house and not be visible to adjoining homeowners or the street (see Paragraph 18).
   
   
7. SWIMMING POOLS.   In-ground swimming pools shall be permitted with prior written approval by the Developer.  No above ground swimming pools will be permitted.  Any swimming pools that are constructed must be enclosed by fencing and shall, in all respects, comply with ordinances and the building code of the City of East Peoria.  All devices used in connections with the swimming pool, including the filter and circulating pump shall be located in the required fence and concealed from view in an approved storage shed or other enclosed building.  Any enclosure or fence surrounding a swimming pool area and related courtyard shall have a visible exterior surface composed in part of brick or natural stone or an aesthetically pleasing ornamental heavy metal, black wrought iron fence or its equivalent.  Any other fencing material must be approved in writing by the Developer prior to construction.
   
   
8. CLOTHESLINES.  No permanent or temporary clothesline or posts or other permanent or temporary appliances for hanging clothes outside shall be constructed or maintained even temporarily.
   
   
9. TOWERS AND SATELLITE DISHES.  No towers shall be permitted in the Subdivision.  Satellite dishes shall be permitted only if installed in the rear yard and if completely screened from view.  Satellite dishes shall be a maximum of twenty (20) inches in diameter.
   
   
10. REPLATTING.  No lot or lots as platted shall be divided so as to result in creating additional lots.  However, the Developer, at Developer’s sole discretion, may permit a portion of a lot to be added to an adjacent lot and may modify the setback lines on the new lots. 
    
    
11. NATURAL FEATURES.  The natural terrain of the Subdivision cannot be altered without the written consent of the Developer. 
    
    
12. OVERNIGHT PARKING.  Parking shall be prohibited on public streets within the Subdivision from 12:00 midnight to 6:00 am.
    
    
13. OFFENSIVE ACTIVITIES.  No noxious or offensive trade or activity shall be carried out upon any lot or other part of the Subdivision which may be or may become a nuisance, hazard or danger to the neighborhood.
    
    
14. ANIMALS.  No animals other than domesticated house pets shall be kept or maintained within the Subdivision.  A maximum of three (3) domesticated house pets per household will be allowed.  Household pets shall not be kept, bred or maintained for any commercial purpose.  No pets shall be kept in exterior pens or cages unless designed as part of the house.  Pet runs bust not be visible from street or other homeowners, must be attached to the garage and must be at least thirty-five (35) feet from the rear lot line.
    
    
15. GARBAGE AND REFUSE DISPOSAL.  No lot shall be used or maintained as a dumping ground for rubbish.  All trash, garbage or other waste shall be kept in sanitary containers in a clean and sanitary condition, and concealed from view.  Yard clippings or debris shall not be disposed of on lots or near easements. 
    
    
16. VEHICLE STORAGE.  No recreational vehicles, trailers, vans, mobile homes, boats or other objects of substantial size, weather operative or inoperative, may be parked or stored on a regular basis within the confines of the Subdivision unless same is enclosed and concealed from view within a garage on the owner’s property.
    
    
17. SUPPLY STORAGE.  Except as necessary incidental to construction of buildings and structures on lots, no new or used construction materials, supplies, unused machinery or the like shall be kept or allowed to remain in the Subdivision unless stored and concealed inside the home or garage.
     
    
18. PUBLIC UTILITY EASEMENTS.  Easements for public utility installation and maintenance are reserved as shown on the recorded plat.  Said utilities shall be permitted access to said easement property for the purpose of serving individual lots, the Subdivision and adjoining property with standard public utilities, including, without limitation, electric, gas, water, sewer, television cable and telephone service.  No permanent buildings, structures or other significant foliage shall be placed on said easements, but the same may be used for gardens, shrubs, landscaping, driveways and other purposes that do not interfere with the maintenance or use of said easements.
    
     
19. COMMENCEMENT AND COMPLETION OF CONSTRUCTION.  The commencement and completion of residences on lots in the Subdivision shall be governed by the following:
    
    a) Commencement.  Any grantee and their successors, heirs or assigns acquiring a lot shall commence construction on or before three (3) years from the date of conveyance.  Construction shall be deemed commenced when the lot owner has obtained a building permit and dug a foundation.  The City of East Peoria requires that construction commence within six (6) months of the issuance of a building permit.
    
    b) Completion.  In the event such construction is not commenced as required above, the Developer or its successor in interest hereunder, as the case may be, shall have the absolute right, at its option, to repurchase the lot by repayment of the original purchase price in cash.  In the event a dwelling, including all landscaping work, is commenced but not completed within one (1) year thereafter, the Developer or its successor in the interest hereunder shall have the absolute right, at its option, to repurchase such lot for the original purchase price, plus ninety percent (90%) of the fair market value of the partially completed dwelling thereon.  The Owner shall have the right to a reasonable extension of time due to delays caused by weather. 
    
    c) Arbitration.  If an agreement cannot be reached as to the fair market value thereof, the same shall be determined by arbitration by an arbitrator to be appointed by the lot owner, an arbitrator to be appointed by the Developer or its successor in interest hereunder and, if necessary, a third arbitrator to be appointed by the first two arbitrators, and the decision of the majority shall be binding upon lot owner and Developer.  All arbitrators shall be licensed architects.  Each party shall bear the expense of its own arbitrator and share equally in the expense of the third arbitrator, if appointed. 
    
    
20. MAILBOXES.  In conjunction with each residence the owner shall install a mailbox of a style determined by the Developer.
    
    
21. SIGNAGE.  No more than one “for sale” or “for rent” sign per lot or home shall be permitted, and no sign shall be larger than four (4) square feet.  All signs must comply with City Code.
    
    
22. OUTDOOR LIGHTING.  All lot owners, upon completion of construction of the residence shall furnish, install and maintain an ornamental light with a darkness activated photocell and a fixture capable of supporting a 100 watt incandescent bulb (or equivalent).  The light fixture shall be installed between the front building setback line and the street right-of-way line.
    
    
23. FENCES AND WALLS.  Fencing and/or walls are considered to be inconsistent with the overall open and natural theme of the Subdivision and are therefore prohibited except as provided herein.  Living landscaping materials are preferred for privacy and other screening needs.
    
    In the event fencing and/or a wall-type structure is desired for security, safety or privacy, plans showing the location and type of construction shall be submitted to the Developer for prior written approval.  The following guidelines shall be applied to all requests:
    
    a) Chain link fencing shall not be permitted, except for dog runs as provided in Paragraph 14.
    
    b) Fencing around pools shall be no higher than six (6) feet from grade level. 
    
    c) Perimeter fencing will be limited to the rear of the home and cannot extend forward of the rear house line.  Fences shall be black wrought iron.
    
    d) Fencing shall be decorative on both sides and shall be no more than five (5) feet in height, except for privacy fencing described below.
    
    e) Privacy fencing shall be permitted in the rear yard only, no closer than thirty-five (35) feet from the rear property line and no wider than the house.  To the extent possible, privacy fencing shall be limited to the area surrounding a patio or courtyard.
    
    
24. TRASH.  Trash, garbage, paper or other waste shall not be burned on the premises or in the Subdivision.  All trash shall be screened from view except on designated collection days.
    
    
25. AMENDMENT OF RESTRICTIONS.  Until the Developer divests himself of all interest in all lots of the Subdivision, the Developer shall retain the right to modify or annul any of the restrictions detailed herein by a written instrument to be recorded in the Office of the Recorder of Deeds, Tazewell County, Illinois, provided, however, that no such annulment or modification shall significantly alter or impede the development of the trust deed or other instrument affecting the lot shall be deemed an irrevocable power of attorney coupled with an interest in the Developer and consent to the power of Developer to make, execute and record amendments.  This power shall terminate when the Developer no longer holds title to any lot.  Upon the sale of all of the Developer’s interest in the Subdivision, these Restrictions may be modified or amended by the affirmative vote of two-thirds (2/3) of the total lot owners in the Subdivision, with the collective owners of each lot to have one vote in regards to any such issue.  The rights of the City, and the public through the City, may not be restricted or impaired by any future amendment.
    
    
26. ENFORCEMENT OF RESTRICTIONS.  The Developer and any lot owner in the Subdivision shall be entitled to prosecute in any proceeding any owner violating or attempting to violate any of the restrictions and covenants contained herein, to obtain injunctive relief to prevent said owner from committing or continuing said violation and to recover damages for such violation including attorneys’ fees and costs.  Failure to enforce the covenants and restrictions shall not be deemed a waiver of the right to do so respecting any violation or subsequent violation.
    
    
27. INVALIDATION OF RESTRICTIONS.  Invalidation of any portion of these Restrictions by judgment or court order shall not affect any remaining restriction, which shall remain in full force and effect and be construed, as clearly as possible, with the original intent of the Developer.
    
    
28. ASSIGNMENT BY DEVELOPER.  The Developer shall have the right to sell, assign, transfer or convey the rights of the Developer.  Any such transfer shall e in writing and recorded in the Office of the Recorder of Deeds.  The Developer may, from time to time, appoint a designated agent to act for the Developer and shall, upon request, furnish satisfactory evidence concerning the appointment of said representative.
    
    
29. CERTIFICATE OF COMPLIANCE. Upon the request of the owner of any lot, the Developer will issue a Certificate of Compliance stating that the building on said lot complies with these Restrictions if the building does comply.
    
    
30. LIMITATION OF LIABILITY.  In no event shall any action or inaction by the Developer in regards to his powers or duties expressed herein constitute or give rise to any liability against the Developer.

 

 

 

IN WITNESS WHEREOF, the undersigned, East Peoria Development Company, L.L.C., has hereby placed its seal this ________ day of _____________________, 2006.

EAST PEORIA DEVELOPMENT COMPANY, L.L.C.

By: _________________________________________


Its: _________________________________________


STATE OF ILLINOIS	)
	) SS
COUNTY OF	)

I, the undersigned, a Notary Public, in and for said County and State aforesaid, do hereby certify that ___________________________, personally known to me to be the __________________________________ of East Peoria Development Company, L.L.C., whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed as such and delivered such instrument and his free voluntary act, for the uses and purposes therein set forth.

Given under my hand and notarial seal this __________ day of _________________________, 2006



___________________________________
Notary Public

 

 

305-1066