Notice!!!
This copy
of covenants is for convenience only. It
is not an official copy and therefore may contain errors made in transcription. Please
use this for reference only and feel free to contact the association
if you need an official hard copy of the covenants.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR PARKER’S
This declaration made this 17 day of May, 1995, by McHenry State Bank, as Trustee under Trust No. 4427.
A.
McHenry State Bank, as Trustee under trust no. 4427, Declarant,
is the holder of record title to certain real estate in the
B. McHenry state Bank, as Trustee under Trust no. 4427, Declarant, intends to develop and improve the Property and has agreed to set aside lots 4, 5, & 17 Block 1; Lots 14, 15,16, & 17 Block 2; Lot 6 Block 3 and Lots 17, 18, 19, 25, 27, 28, and 29 Block 4 and all roads and right of way, if not dedicated to the county, Township, City, village or another governmental unit having Jurisdiction of the property, to be held as common areas for the benefit of the residents of Parker’s Highlands Subdivision.
NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which shall run with the property and be binding on all parties having or acquiring any right, title or interest in the property or any part hereof, and shall inure to the benefit of each owner thereof.
Article I
DEFINITIONS
1.1 Association. Parker’s Highlands Subdivision Property Owners’ Association.
1.2 Property. The real estate described on Exhibit “A” attached hereto and made a part herof.
1.3 Common Areas. Lots 4, 5 & 17 block1; Lots 14,15,16 & 17 Block 2; Lot 6 Block 3 and lots 17, 18, 19, 25, 27, 28 and 29 Block 4 of the property as more fully described on Exhibit “B”.
1.4
1.5 Member. Every Person, individual or entity who holds title to a lot.
1.6 Declarant. McHenry State Bank, as Trustee under Trust No. 4427.
Article II
GENERAL PROVISIONS
2.1 Objectives. The objectives of this Declaration are to assure that any improvement of any lot will be of good quality, attractive design and in harmony with the natural setting.
2.2 The Association. The Developer shall, create an Association for the purpose of administering the matters set forth in these covenants.
2.3 Approval. No building, fence, wall, well, septic system or other structure or facility shall be erected, placed or permitted to remain upon any lot, no exterior addition, change or alteration shall be made, and no clearing of trees, change of lot grade or alteration of the physical conditions of any lot shall be made, unless and until the design plans and specifications showing the nature, kind, shape, elevations, heights, materials and color, location and grade, location of walks, driveway, patio, utility service lines from street to residence, all exterior equipment, proposed landscaping and drainage, if required, shall have been submitted to and approved in writing by the Association. Only dwellings designed for occupancy by a single family may be erected on any lot. No building permit shall be issued by the County of McHenry or any other governmental authority with jurisdiction over the property until the plans have been approved in writing and such approval has been submitted to the county of McHenry or other governmental authority in writing by an officer of the Association; provided, however, that until the appointment of the first Board of Directors of the Association, such review and approval shall be the responsibility of the Declarant or its agent. The association shall have the right to refuse to approve any such plans which in its reasonable discretion are deemed not to be suitable or desirable for aesthetic or other reasons and shall have the right to take into consideration the suitability of the structure in relation to the neighboring lots, its effect on the uniformity and harmony to the subdivision and its potential impact on property values of the lots within the subdivision.
2.4
Quality. All
structures shall be of a quality, design, workmanship and materials which
are compatible and harmonious with the natural setting of the area and
other structures within the development. The
Association may regulate basic design and front elevations to prevent monotony
from repeated designs. The
Association also has the power to approve the aesthetic quality of the
design of structures. Earth
structures, flat roof structures, windowless structures and structures
of a design that is not compatible wit
2.5 Nuisances. No building shall be erected or maintained on any lot for manufacturing, industrial or business purpose; and no noxious or offensive trade or activity shall be carried on, inor upon an lot nor shall anything be done theron which may be or may become and annoyance or nuisance to the area. No plants, seed, or other things harboring or breeding infectious plant diseases or noxious insects shall be introduced or maintained upon any lot.
2.6 Temporary Structures. No temporary building, trailer, mobile home, recreational vehicle, tent, basement, garage or other temporary structure shall be used on any lot any time as a residence either temporarily or permanently.
2.7 Parking of Vehicles. No buses, trucks, farm equipment, tractors, heavy earth moving equipment may be parked on any lot unless in a garage.
2.8 Maintenance. All lots and improvements placed thereon shall be maintained in a clean and sightly condition, free from weeds and debris and in such manner as to prevent them from becoming unsightly, unsanitary, or a hazard to health. No lot shall have an unmowed lawn area vegetation over twelve (12) inches, and the Association shall have the right to enter the Property to have the vegetation and weeds mowed and any devris removed at the lot owners’ cost.
2.9 Appearance. No junked vehicles, litter, refuse or other unsightly materials shall be accumulated on any lot. Garbage shall be placed in receptacles; and if outside, they shall be properly screened.
2.10 Other Prohibited Matters. No animals other than common household pets such as dogs and cats shall be kept on any lot. No home occupation or profession shall be conducted on any lot excepted as authorized by the Association. Everyday parking of commercial vehicles on any lot is prohibited. Everyday parking on roadways is prohibited. No stables or other quarters shall be erected, maintained, or used on any lot for stabling or accommodating any horses, cattle, swine, goats, sheep, bees or fowl.
2.11 Completion of Construction. All construction shall be continued with diligence toward completion. Construction of any dwelling shall be completed within one (1) year from commencement, except that such period may be extended for a reasonable time b reason of act of God, labor disputes or other matters beyond the owner’s control.
2.12 Building Requirements.
(a) Single story dwelling. 1000 square feet (900 minimum finished living area)
One and one-half story dwelling & bi-level & tri-level & capecod & raised ranch
1350 square feet (950 minimum finished living area)
two or two and one-half story dwelling. 1500 square feet (1000 minimum finished living area)
(b) Dwellings, garages and other outbuildings erected on said property shall have a setback of not less than 30 feet from front lot corners
(c) All minimum requirements, excluding porches, basements and garages, must be finished living area.
(d) A minimum one (1) car garage is required.
(e) No outside wall face shall be of asphalt brick siding, asphalt shingle siding or unpainted aluminum siding. All brick shall be of the same quality.
(f)
Driveways shall be constructed of an all—weather surface and may
be constructed of bituminous asphalt, Portland cement concrete, brick or
pavers in accordance with the ordinances of the
(g) No exposed tank for storage of fuel or any other purpose shall be permitted on any lot.
(h) No excavation, building or landscaping shall be installed or performed upon lots on which detention basins are located in such manner as to interfere with such detention basins.
(i) Every lot owner shall be responsible for the maintenance of the surface area of any detention basing located on their lot. All drainage and storm water easements shall be maintained and all accumulation of vegetation, silt, debris or other material which may interfere with the flow characteristics of drainage ways or the central features of the detention facilities shall be removed. No construction of structures, dams, embankments or channels (except as indicated on the engineering drawings) and no plantings of vegetation which inhibit the intended purpose, shall be allowed within any storm water detention easements. All other maintenance obligations of the detention basin shall be the obligation of the Association. In the event the Owner fails to maintain the detention basin as required under thse declarations, then the Association may, at its election, assume the performance of such maintenance, is hereby granted easements for such purpose and may assess the lot owner for the expenses incurred for such maintenance.
(j) No building, garage or other structure shall be erected, altered, placed or permitted to remain on any lot which would exceed three (3) stories in height.
(k) No sign of any kind shall be displayed to the public view on any lot except a sign of not more than five (5) square feet to advertise the property for sale, or one (1) sign of not more than ten (10) square feet used by the declarant or builder to advertise the property during the construction of a home. The declarant or its agent may erect on (1) sign not exceeding ninety-six (96) square feet in an area on any lot they own advertising the sale of lots and residences and on the monument and in future land to be developed and sold to adjoining and connected to the subdivision by any roads
(l)
Kennels, coops and other animal housing facilities, as might be permitted
by the
(m) No quarrying, mining oil or gas drilling operations shall be conducted on any lot.
(n) No satellite dish having a diameter in excess of forty-eight (48) inches may be installed on any lot or residence or other building constructed thereon in the subdivision without the prior consent of the Association.
(o)
Road ditch areas are not to be filled, dug out or the elevation changed
in any manner without the consent of the
(p)
The driveway for each residence on a lot shall have a culvert of proper
sizing and shall be placed at an elevation both to be determined by the
2.13 Landscape Requirements. Within the first appropriate season following or concurrent with the completion of the primary residence on the property, turf must be established on the entire site. This includes turfing the roadway right of way adjoining the parcel. Turf may be established either by seeding or sodding with quality lawn grasses. Only areas intended for flower or vegetable gardens, ground covering, approved “natural areas” or impending construction of decks or patios, may be left exposed at the time of establishing the lawn.
