Rolling Prairie Subdivision

Covenant

RESTRICTIVE COVENANT AGREEMENT

FOR

ROLLING PRAIRIE SUBDIVISION

THE STATE OF ILLINOIS            §

                                                            §          KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF LOGAN                    §

THAT WHEREAS INTEGRITY HOLDINGS, LLC an Illinois limited liability company, (herein called "Developer"), acting herein by and through its general partner, Rolling Prairie, LLC, is the owner of ROLLING PRAIRIE SUBDIVISION, a subdivision of the surface estate only of a part of the Northwest Quarter of Section 30 and the Southwest Quarter of Section 19, Township 20 North, Range 2 West of the Third Principal Meridian, Located in the City of Lincoln, Logan County, Illinois and containing 9.233 acres; all as more fully described herein.

AND WHEREAS the Developer deems it beneficial to the use, occupancy and value of the properties comprising the Subdivision to impose a common  plan and scheme of Restrictive Covenants applicable thereto, so that there exists a uniform plan for the improvement and development of the Subdivision and, to that end, the Developer desires to and does hereby impress and impose upon the lands comprising the Subdivision a universal and mutual scheme of restrictive covenants, each of which covenants shall run with the land and shall bind the Developer and each and all persons now and hereafter owning or claiming any interest in the Subdivision, or any part thereof, for the period hereafter specified; such covenants constituting reciprocal negative easements upon the subject property, and which said Restrictive Covenants shall inure to the benefit of and be enforceable by the Developer and each Owner of property in the Subdivision; all of whom and their respective  heirs, successors  and assigns are bound by these covenants and restrictions.

NOW, THEREFORE, to effect such ends, and in consideration of the covenants, agreements, restrictions and reciprocal negative easements herein set forth, the Developer hereby adopts, establishes and imposes the following declarations, reservations, protective covenants, restrictions and limitations (collectively, the "Restrictive Covenants") governing the conveyance, use, condition, improvement and occupancy of all of the lands contained within the Subdivision and each contact, deed and all other instruments which may be hereafter executed with regard to any of the tracts located in the Subdivision; and each and all of the same shall be conclusively deemed to have been executed, delivered and accepted subject to the Restrictive Covenants and other provisions contained herein (regardless  of  whether  or  not  the  same  are  set  out  in  full  or  by  reference  in  said instrument), to-wit:

I.

DEFINITIONS

1.01      Owners.  "Owner" or "Owners" as used herein shall refer to: 

(a)   The undersigned  Developer  and each and all persons  who may now or hereafter be a record owner of any estate, interest or title in and to any portion of the surface estate of the lands contained within the Subdivision;

(b)  Any owner of any estate, interest or title to any subject property who shall later join in the execution of these covenants by later instrument, either adopting, ratifying, confirming, taking subject to or accepting the mutual and universal scheme of restrictive covenants created herein and imposing same upon properties owned by such party, including but not limited to any document which constitutes a counterpart of this restrictive covenant agreement or refers to or incorporates this restrictive covenant agreement by reference; and,

(c)   All persons  claiming  any right,  title or interest  in a subject  property  by, through or under an Owner who has joined in execution of this instrument, or who has ratified or adopted such restrictions by later instrument, as aforesaid, and the heirs, assigns, executors, administrators and successors of such an owner.

1.02    Subject Property. The terms "lot", "tract", "Subject Property", "subject property" and "ROLLING PRAIRIE SUBDIVISION", as used herein, shall mean and refer to the surface estate only of all that certain tract or parcel of land containing approximately 9.233 acres,

out of and a part of the Northwest Quarter of Section 30 and the Southwest Quarter of Section 19, Township 20 North, Range 2 West of the Third Principal Meridian, Located in the City of Lincoln, Logan County, Illinois, and more fully described in the Final Subdivision Plat of Rolling Prairie Subdivision and hereby incorporated herein by reference for all purposes; and to each and every subdivision, modification, partition or redesignation of a Subject Property as may be permitted herein.  As the context may require, such terms may also refer to an individual platted lots of the Subject Property, as the same are depicted on Exhibit "A".

1.03   Subdivision.   "Subdivision” as used herein refers to the aggregate of all of the Subject Property, meaning the entirety of the ROLLING PRAIRIE SUBDIVISION, and each part thereof.

1.04    Plat.  "Plat" as used herein shall mean and refer to each survey drawing or plat of the subject property and of each and every subdivision, modification, partition or redesignation of a Subject Property as may be permitted herein.

1.05   ARCHITECTURAL CONTROL COMMITTEE.   "Architectural Control Committee" (also referred to as "ACC") is more fully defined in Section 2.10, below.

II.

SET BACKS, EASEMENTS, ARCHITECTURAL CONTROL, ETC.

2.01    Set-Back Lines. Subject to the right to consolidate two or more adjoining platted lots as provided in Paragraph 3.02 hereof, no residence, building or structure of any type shall be located on any lot nearer than twenty five feet (25’) to the common street lot line, except lots which have building site limitations due to lot size, drainage or flooding in which event the ACC (as defined hereinafter in Paragraph 2.10) may grant a variance based upon such limitation.  No other building, i.e., sheds and other outbuildings shall be located nearer to the front of the lot than the Residence.   No building or permanent structure of any kind shall be located on any lot nearer than five feet (5’) to the side lot line and twenty feet (20’) from the rear lot lines.  No building or permanent structure of any kind shall be located within FEMA Flood Zone AE.

2.02    Improvements.   No building or other improvements  including  without limitation, home,  garage,  covered  patio,  shed, storage building,  yard fences  and outdoor lighting, shall be commenced, constructed, erected, or placed on any lot nor shall exterior additions and alterations  therein  be made,  unless and until [i] a preliminary  site plan showing work to be done is submitted in writing to the ACC, as herein defined, and [ii] the final working plans and specifications as to the nature, kind, shape, height, materials, location and exterior color schemes have been approved in writing by the ACC. The ACC shall have the right, free of charge, to retain one (1) copy of the final working plans and specifications.  In the event the ACC fails to approve or disapprove the preliminary site plan within thirty (30) days after they have been submitted to the ACC for approval, approval thereof shall not be required and the provisions of this Paragraph shall be deemed to have been fully satisfied.  Where any lot owner has neglected to submit preliminary and/or final working plans and specifications for approval, failure of the ACC to exercise the powers granted by this provision shall never be deemed a waiver of the right to do so either before or after a building or other improvement on any lot, or any exterior addition to or alteration thereof, has been completed.

All residences must include an enclosed, attached garage (minimum of two cars).

The fronts of all residences shall be at least 1/3 brick or stone façade unless otherwise approved by the ACC.

All utilities shall be buried underground.

All driveways shall be paved with concrete or asphalt black-top over its entire width from the edge of the street pavement within the public street to the point of termination for such driveway.

Lots shall be graded and planted in sod or grass seed.  Grading should be done so that it allows for proper drainage.  Topography and finished grade elevation of each home site must be consistent and complimentary with the grade line and elevation of the other home sites in the subdivision. 

Homeowners are required to put in a 6' wide sidewalk on the right of way, adjacent to the right of way boundary line. 

Homeowners are to plant trees in the front yard of new homes in accordance with Title 12 of the Lincoln, Illinois City Code.  See Exhibit A showing the provisions of Title 12.

Without prior written approval of the ACC, no exterior television or radio antennae of any sort shall be placed, allowed, or maintained upon any portion of the exterior of the improvements to be located upon any lot; provided however, a small satellite dish may be placed upon the side or rear of the Residence. 

2.03    Minimum Square Footage.  Any residence constructed in the Subdivision shall be new construction.  All residences shall contain not less than seventeen hundred (1700) square feet of main floor living area, exclusive of basement, porches, breezeways, patios and garage. Orientation of the residence on a lot shall be such that the elevation facing the road frontage of the lot must not appear to be the rear or side elevation.  It is permissible for the residence to be situated on a lot in such a manner as to take advantage of the view afforded by the lot as long as it does not violate this requirement.  When architectural design and placement on a lot dictate orientation to be other than the front of the house facing the road frontage, approval must be obtained from the ACC.

2.04    Reasonable Construction Period. All exterior improvements, including residences, garages, outbuildings, outdoor lighting and mailboxes must be completed in a reasonable length of time.  It is stipulated that a reasonable length of time for the completion of the exterior part of improvements, residences or other structures is nine (9) months from the date the slab or foundation is poured or installed.

2.05    Fences.  No owner of a lot shall be required to fence; however, in the event an owner of a lot chooses to fence his property, fencing shall not be constructed of razor wire, barbed wire, hurricane or chain link materials.  Yard fencing may be constructed of wood, plastic or decorative metal. 

2.06    Utility Easements. Easements for constructing, maintaining, and repairing a system for light, gas and power, sanitary sewer, water, and communications service to the Subdivision and the inhabitants thereof, for the purposes incident to the development  and use of said Subdivision as a suburban community are reserved as shown in the Plat.  To the extent preexisting utility infrastructure is present on any lot, the owner of such lot may, with the consent of the utility provider, relocate the same upon and across such lot.

2.07    Entries, etc.   All entries, driveways, sidewalks, circle driveways, etc. which cross drainage ways will be across a culvert conforming to the Ordinances of the City of Lincoln, Illinois, or other appropriate governmental authority, and each Owner shall be responsible for obtaining his or her own permission, permits and other required approvals for entry ways from any and all governing bodies having jurisdiction thereof.  No owner may disturb the drainage or water flow of the Subdivision blocking or impeding it in any manner. Furthermore, it is the lot Owner's responsibility to maintain and keep clean the drainage ways and culverts associated with his lot.

2.08   Plat Controlling. All setbacks, easements, building lines and other similar and dissimilar requirements, rules and restrictions shown on, described on, or depicted by the Plat are hereby incorporated  herein by reference for all purposes.   In the event of any conflict between the terms of this Restrictive Covenant Agreement and the Plat, the provisions and terms contained in the Plat shall be controlling.

2.09    Reservation of Easements, etc.    All easements, access ways and rights of way shown on the Plat or otherwise are hereby reserved and confirmed for the use and benefit of the Developer and the Owners, and their respective heirs, successors and assigns.

2.10   Architectural Control Committee.  The Architectural Control Committee (herein the "ACC") shall operate under the provisions of these Restrictive Covenants and shall be responsible for review of all plans for any improvement, including without limitation the color scheme of any improvements,  or action within the Subdivision which is subject to these Restrictive Covenants. The ACC shall also be responsible for monitoring compliance with all of the provisions of these Restrictive Covenants and may instigate any action required to bring about compliance herewith.

The ACC shall be composed of up to three (3) members appointed by Developer.  The initial ACC members shall be Patrick Doolin and April Doolin.  Any member(s) of the ACC may be removed or resign and a new member(s) may be appointed in the event of such removal, death, or resignation of any member of the ACC by majority vote of the Committee.  Any changes in the membership of the ACC shall be set forth in a recordable instrument and filed of record in the Official Records of Logan County. A successor to a member of the ACC shall have all of the powers of the member he replaces. A majority of the ACC may designate a representative to act for it and to perform any function which the ACC as a whole could perform; provided however, that the appointment or removal by the ACC of such a representative shall be by instrument in writing which shall be filed of record with the County Clerk at the office of the Logan County Clerk and Recorder located in Lincoln, Illinois (“Recorder’s Office”). Neither the members of the ACC nor its designated representatives shall be entitled to any compensation for services performed pursuant to these Restrictive Covenants. The ACC's approval of plans and specifications shall be in writing and shall be signed by at least two (2) members of the ACC or by the duly designated representative of the ACC.

The ACC, as well as other owners of lots in the Subdivision, shall further have the authority to enforce any and all of the covenants and conditions set forth in these Restrictive Covenants against any person or persons violating or attempting to violate the same, and in furtherance  of the foregoing, and not by the way of limitation,  the ACC may institute proceedings at law or in equity to restrain violation of these Restrictive Covenants and to recover damages for the breach of violation thereof and attorney's fees in connection with the enforcement of these Restrictive Covenants.

No member of the ACC, nor their heirs, successors or assigns shall be liable in damages to anyone submitting plans for approval, or to the owner or lessee of any interest in the land affected by these Restrictive Covenants by reason of mistake in judgment, negligence or nonfeasance  arising out of or in connection with the approval or disapproval or failure to approve any such plans or in connection with consenting or failing to consent, approving or failing to approve any matter with respect to which the ACC may have authority under the terms hereof.   Every person who submits plans to the ACC for approval agrees, by submission of such plans, and every owner or lessee of any interest in the land affected by these Restrictive Covenants agrees, by acquiring title thereto, or a leasehold interest therein, that he will not bring any action of suit against the ACC, or any member of the ACC, their respective heirs, successors or assigns, to recover any such damages.   The ACC, in the sole discretion of the ACC, may approve or disapprove any plan submitted and this decision is final for whatever reason.   Although reason(s) for disapproval shall be stated, they may approve only in part, conditionally approve, or reject.   So long as the plans and specifications for proposed building improvements are generally in accord with the motif and design, approval thereof shall not be unreasonably withheld.

III.

RESIDENTIAL USE ONLY

3.01    Residential Purposes.  Except as herein expressly provided to the contrary , every tract located within the Subdivision shall be used for Single Family Residential Purposes only, and no building or structure shall be erected, altered, or placed on any Subject Property other than one detached single family dwelling not to exceed two stories in height, a private, attached garage for automobiles and equipment of the occupant, and one outbuilding permitted herein.

The term "Single Family Residential Purposes", "Residential Purposes" and/or

"Residence" as used herein shall mean:

{a}       that no Owner of a tract shall occupy or use his tract or building thereon, or permit the same or any part thereof to be occupied or used for any purpose other than as a private single-family residence for the owner, his family, guests, and tenants, and no retail or commercial use shall be made of the same, or any portion thereof.   Provided, however, that Developer and her designated assignees may use one or more lots, or the homes situated thereon as furnished models.

Notwithstanding the foregoing, an Owner may use his home for his own primary use of the home as a residence or conflict with the intent of the Developer to have a primarily and essentially residential community.  This exception to strictly residential use shall be narrowly defined and strictly enforced.   In no way shall a use which requires repair, production or manufacturing of any item or has any visibility or noise whatsoever evident from the exterior of the home be permitted.

{b}       that domestic pets are permitted within the limitations set forth herein; but nothing herein contained shall ever be construed so as to permit the keeping of pets where such keeping (1) is or may become a nuisance or obnoxious to the occupants of neighboring property, or (2) is or may become a hazard to the health, welfare and well-being of the property owners in the subdivision. All animals are to be kept penned or kenneled and their habitation kept clean and odorless.  Commercial breeding and/or feeding operations are prohibited.  No Owner may keep more than three (3) dogs in any kennel, shelter and/or pen.  Kennels, shelters and pens are to be kept within the designated building set back lines and will not be constructed between a main residence and roadway.

Pets shall not be permitted to roam freely.  At all times, owners of dogs and cats must be able to exhibit current rabies vaccination documentation from a licensed veterinarian.

No bovine, equine, swine, poultry, fowl, sheep, goat, llama, emu, or other animal of livestock may are permitted and none may be kept as a pet or as a 4-H or FFA project.  No "exotic" animals are permitted and none may be kept as a pet, including without limitation, large cats, monkeys, or other animals of traditionally wild or non-domesticated nature.

{c}      that no outbuilding shall be larger (in square footage of covered area) than 12’ x 24’ and must reside behind the residence, within the setback requirements.  Such outbuildings shall be in keeping with the look and design of the residence and may not exceed the height of the residence.  All outbuildings are subject to the approval of the ACC.  Each residence is limited to a single shed or outbuilding.

{d}      that all fencing shall be maintained in a neat, repaired manner.

{e}      that no pistol, rifle, shotgun or any other firearm or fireworks or any other device capable of killing or injuring or causing property damage shall be discharged on any part of the Subdivision.

3.02    One Residence: Combining of Lots. A limit of up to one duplex or other town-home structure shall be permitted within the subdivision.

Any person owning two or more adjoining platted lots or tracts may consolidate such lots into a building site, with the privilege of constructing improvements thereon in accordance with the terms hereof; and all setbacks and related rules shall be construed as if the combined lots were a single lot within the Subdivision.  Such Owner owning two or more adjoining lots may file a notice in the Official Records of the City of Lincoln, Illinois, of such intent to consolidate; and in that case, the easements reserved hereby will only apply to the perimeter of the combined lots. Provided however, in the event there are any existing drainage facilities or utility infrastructure affecting the interior lot lines between the combined lots, the consolidating owner, must relocate the same to the perimeter at the sole cost and expense of such owner.

3.03   Temporary Structures & Other Non-Permitted Structures.    No mobile home, manufactured  home or manufactured housing, camper, motor home, travel trailer, boat, car, bus, boxcar, shipping container, structure of a temporary character, tent, shack, barn, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently; nor, shall any used residence or other used structure be moved onto any lot. During the development and sales period of the lots, the Developer may erect and maintain such structures as is customary in connection with such development and sale of such lots, including, but without limitation, a business office, storage areas, construction yards, signs, model units, and sales offices

3.04    Sewage.  All residences constructed in the Subdivision shall have inside toilets and inside plumbing attached to septic tanks or other sewage or waste disposal systems approved by an appropriate governmental entity prior to connection thereto.  There shall be no cesspools in the Subdivision and no drainage of sewage waste of any type into ditches, lakes, or roads.

3.05    Lakes, Ponds. etc.   Individual ponds may be constructed on a subject property so long as they are maintained, do not become stagnant or such as may foster the breeding of mosquitos, and do not interfere with the existing or planned drainage of the Subdivision. No dam or lake may be constructed in, or which results in the impounding of water in, any utility easement or setback line.

IV.

RESUBDIVISION

4.01    Resubdivision.  Except for the Developer, no owner of a Subject Property shall be entitled to re-subdivide the same into smaller lots or parcels without the express prior written consent of all of the then surface Owners of the Subdivision being first obtained.  If written consent of 100% of the non-developer owners of the Subdivision is obtained, then each lot so properly subdivided shall be a Subject Property under the terms hereof.

V.

OTHER GENERAL USAGE RESTRICTIONS

5.01    Noxious.  Illegal or Offensive Activities.    No activities which violate any rule, regulation or law of any governing body having jurisdiction shall be permitted on any Subject Property, nor shall anything be done or maintained thereon which may be or may become a nuisance. Each Owner or occupant of a Subject Property shall keep the Subject Property clean and free of trash, automobile and machinery salvage, and shall maintain improvements in a reasonably good state of repair. No obnoxious or offensive activity may be carried on or conducted in the Subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to adjoining property owners.

5.02    Obstruction of Streets, Etc.  No building material of any kind or character shall be placed in the streets, it being expressly understood and agreed that all building materials to be used in the construction of buildings in the Subdivision shall be placed within the property lines of the Subject Property on which the delivery is made.

5.03    Signs.  No signs, billboards, posters, or other advertising devices of any kind shall ever be erected on any Subject Property in the Subdivision except a "For Sale" sign which shall be dignified and in keeping with the attractiveness of the Subdivision and shall be kept well painted and maintained.  This provision shall not apply to nor operate to prohibit the display of small signs evidencing support for a political candidate for a reasonable period of time prior to an election.

5.04    Dumping & Trash Containers.  No trash, ashes, garbage, or other refuse may be thrown or dumped on any Subject Property in the Subdivision.  No Subject Property shall be used or maintained as a dumping ground for rubbish or trash, and no garbage or other waste shall be kept except in sanitary containers.

All trash containers, dumpsters or any other object or receptacle holding or storing trash must be kept out of sight of all public or private roads surrounding or going through the Subject Property.    Storing  or  placing  containers,  dumpsters  or  any  other  object  or receptacle  holding  or  storing  trash  at or  near  the  near  the  road  frontage  is  strictly prohibited.  Movable trash containers may be put at the entrance of a lot near the road the night before or morning of a scheduled trash pickup day by a hired garbage company.  Any movable containers shall be removed from the road area the same day of trash pickup.

5.05      Mowing.   Grass and weeds on each Subject Property must be kept mowed at regular intervals or as may be necessary to maintain the same in a neat and attractive manner.

5.06    Storage and Repair of Vehicles and Related Matters.  No repair work, dismantling or assembling of motor vehicles or any machinery or equipment shall be done in any street or in areas visible from the street or adjoining properties.  No boat, luggage trailer, travel trailer, cattle trailer, or any other trailer, or motor home is to be parked on any tract for more than seven (7) days unless said trailer is stored in an enclosed garage, barn, carport or designated storage area behind the house, or out of sight from the road and adjoining property owners.

5.07    Swimming Pools.  Any swimming pool placed on a lot shall be completely enclosed by a yard fence built in compliance with Section 2.05.  

VI.

ENFORCEMENT, AMENDMENT, AND TERMINATION

6.01    Enforcement.   All Owners of a Subject Property within the Subdivision each have the right and power (but not the duty) to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, and reservations now or hereafter imposed by the provisions of this Restrictive Covenant Agreement.   Failure to enforce or to seek enforcement of any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

6.02    Binding Nature. The grants, rights, covenants, conditions, and restrictions contained in this Restrictive Covenant Agreement shall run with and bind the land, and shall inure to the benefit of, and be binding upon the Owners of each Subject Property and their respective legal representatives, heirs, successors, and assigns.

6.03   Term. Unless amended as provided herein, this Restrictive Covenant Agreement shall be effective for a term of thirty (30) years from the date that this Restrictive Covenant Agreement is Recorder’s Office, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each unless amended or terminated as hereinafter set forth.

6.04   Amendment/Termination:  This Restrictive Covenant Agreement may be amended or terminated at any time only by an instrument signed and acknowledged by the Owners of not less than seventy-five percent (75%) of the lots and parcels of land comprising the Subdivision at the time of filing such instrument at the Recorder’s Office.  No amendment or termination hereof shall be effective, however, until recorded in the Recorder’s Office. Any such amendment or termination shall make specific reference to this Restrictive Covenant Agreement.

6.05   Amendment by Developer:    For the purpose of correcting any typographical or grammatical error or any ambiguity or inconsistency appearing herein, so long as the Developer is an Owner in the Subdivision, the Developer shall have and reserves the right any time and from time to time, without the joinder or consent of any other party, to amend these Restrictive Covenants by any instrument in writing duly signed, acknowledged, and filed of record at the Recorder’s Office.

6.06   Severability. The invalidation of any one of these covenants or restrictions by a judgment or a court order shall in no way affect any of the other provisions hereof and all of the other provisions shall remain in full force and effect.

6.07   General Purposes are Primary: If these Restrictive Covenants or any word, clause, sentence, paragraph or other part thereof shall be susceptible to more than one or conflicting interpretations, then the general purposes and objectives of these Restrictive Covenants shall govern.

6.08     Notices.   Any notice required to be sent to any Owner under these Restrictive Covenants shall be deemed to have been properly sent when mailed, postage prepaid, registered or certified mail, return receipt requested, to the last known address of the person who appears as Owner in the records of the Logan County Supervisor of Assessments at the time of such mailing.


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