2.14 Easements. Declarant reserves for itself, its successors and assigns, easements over each lot, and the right to ingress and egress to the extent reasonably necessary to exercise such easements, as follows:
(a) Utility easements shown on any recorded plat of the property. If any plat fails to establish easements, Declarant reserves a ten (10) foot easement running along th side lot lines, front lot line and rear lot line of eachlot for the installation and maintenance of utility facilities and incidental usage related thereto. Said easements may be crossed perpendicularly by driveways.
(b) Each property owner shall be responsible for maintaining the easement and shall repair and restore and be responsible for any damages caused by use of the easement.
(c) Easement on the southwest corner of lot 4 Block 1 for a subdivision monument and landscaping will be maintained by the association.
2.15 Severability. Invalidation of any provision of this Declaration by Judgment or court order shall not affect any other provision hereof, all of which shall remain in full force and effect.
2.16 Title in Land Trust. In the event title to any lot is conveyed to a title holding trust, under the terms of which all powers of management, operation and control of the lot remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens or indebtedness and assessments in the same manner as herein provided as if the beneficiary held title in his or her own name.
Article III
Membership and Voting Rights
3.1 Membership. Every owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot. Ownership of a lot shall be the sole qualification for membership.
3.2 Voting Rights. The association shall have one class of membership and each member shall have one (1) vote, provided that when more than one person is the record owner of any lot, the vote for such lot shall be exercised as all such record owners of that lot among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot.
3.3 Board of Directors. The Association shall be governed by a Board of Directors (Board) comprised of not less than three (3) nor more than seven (7) persons dule appointed or elected as provided herein. The Board shall maintain and administer the common area in accordance with the terms and provisions of this declaration and the By-laws established by the Association. Prior to the appointment of the first Board, the Declarant may exercise all of the power of and act in the capacity of the Board.
3.4 Appointment of Directors by Declarant. Notwithstanding anything in this Declaration or the By-laws of the Association to the contrary, the first and each subsequent Board of the Association shall consist of, and vacancies on the board shall be filled by, such persons as Declarant shall from time to time appoint until the first to occur of any one of the following events:
(a) Five (5) years from the date hereof.
(b) Declarant, by written notice to the Association, elect to release its right to appoint all the Board.
3.5 Board Liability. Neither the Directors nor the Declarant, when acting in the capacity of the Board, shall be liable to the Association or the Members for any mistake of judgment or for any acts made, omission, or failure to act committed in good faith as such directors or on their behalf.
Article IV
Description of Common Area
4.1 Easements and Property Rights in Common Areas. An easement is hereby declared and created over and upon the Common area for the benefit of the entire property, and every Member shall have aright and easement of use and enjoyment and a right of access to and of ingress and egress on, over, aacorss, in, upon and to the Common Area, and such right and easement shall be appurtenant to and shall pass with the title to every lot subject to the right of the Associaton in accordance with its By-Laws to adopt rules and regulations governing the use, operation and maintenance of the common area.
4.2 Utility Easements. Declarant reserves the right to grant to Illinois Bell Telephone Company, Commonwealth Edison Company, Northern Illinois Gas Company, the County of McHenry or other governmental authoritieshaving jurisdiction over the Property and any other utility company or governmental or quasi-governmental authority serving the Property, easements to the lay, construct, renew, operate and maniain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment upon, under and across the property for the purpose of providing utility service to the property.
4.3 Transfer of Common Area to Association. Declarant will convey to the Association and the Association shall accept the common area at such time as the Developer shall determine but in no event later than five (5) yearsf from the date of Recording.
4.4 Maintenance of Common Area Prior to Conveyance to Association. Untill such time as Declarant conveys the Common Area to the Association, the Association shall, from the annual assessments collected by it, pay or reimburse the Declarant for all costs incurred by it for or incident to the ownership, maintenance and repair of the common area.
4.5 Easements to Run with the Land. All easements and rights described herein are easements appurteneant, running with the land, perpetually in full force and effect, and at all times shall incur to the benefit of and be binding on any owner, purchaser, mortgagee or other person having and interest in the property, or any part or portion thereof.
4.6 Rights of the
(a) The property shall at all times conform to and be maintained in accordance with the Ordinance and development plan approved by the County of McHenry or other governmental authorities having jurisdiction over the Property and amended for time to time.
(a)
Maintenance, repairs and replacements of the Common Areas shall be made
in accordance with the provisions of this Declaration and the applicable
requirements of the
(c) The County of McHenry or other governmental authorities having jurisdiction over the Property shall have the right to enter upon the Property for the purposes of furnishing the municipal or emergency services to the property owners or the Common Areas, and to enforce its traffic and other ordinances and regulations including the provisions of subparagraphs 4(d) and 4(e).
(d) The County of McHenry or other governmental authorities having jurisdiction over the Property is hereby authorized to provide necessary maintenance of site improvements within the landscaped areas constituting a portion of the Common Areas, also including without limitation, all municipality owned utilities, any detention area, traffic signs and related equipment.
(e) In the event that the County of McHenry
or other governmental authorities having jurisdiction over the Property
should elect to furnish services pursuant to the preceding subparagraph,
which services were in fact the obligation of the Association to so provide
and the Association has failed or refused to so provide, then the Association
shall be obligated to repay th the County of McHenry or other governmental
authorities having jurisdiction over the Property for all expenses incurred
in connection with said maintenance, including reasonable attorneys’ fees,
if any, incurred by the said count of McHenry or other government authorities
having jurisdiction over the Property in enforcing the rights herein established. The
(f) Notwithstanding any other provision of
this Declaration, the provisions of this paragraph may not be altered,
amended or deleted without the written consent of the
Article V
Covenant for Maintenance Assessments
5.1 Creation of Lien and Personal Obligations
for Assessments. Each
Owner of a
5.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for maintenance, repair and replacements, improvement and all taxes, insurance and other costs and expenses incident to the ownership of the Common Area and all facilities and improvements thereon, street lights, street signs and for otherwise carrying out the duties of the Board of Directors of the Association as stated herein and its By-laws. In the event the Association shall fail to maintain, repair or improve the Common Area after being so notified in writing of the necessity of such maintenance, repair or improvement by the County of McHenry or other governmental authorities having jurisdiction over the Property, the County of McHenry or other governmental authorities having jurisdiction over the Property shall have the right to perform or cause to be performed the maintenance, repair or improvement to the Common Area, the cost of which shall become a lien upon the Common Area, and the Association and the County of McHenry or other governmental authorities having jurisdiction over the Property shall have the right to reimbursement for said cost either from the assessments levied by the Association or by such other action as the County or other governmental authrorites having jurisdiction over the property deem necessary, provided that in no event shall the imposition of the lien upon the Common Area constitute acceptance by the County of McHenry or other governmental authorities having jurisdiction over the Property of said area as public property.
5.3 Special Assessments for Capital Improvements. In addition to annual assessments, the Association may levy, in any assessmen5t year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part the costs of acquiring , constructing any or installing new capital improvements upon the Common Area, provided that any such assessment shall be approved by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at an annual or special meeting, or by and instrument signed by the owners of at least two-thirds (2/3) of the lots.
5.4 Effect of Non-payment of Assessment: The Personal Obligation of the Owner: The Lien: Remedies of Association. If any assessment or part thereof is not paid within thirty (30) days after the delinquency date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the maximum legal rate of interest. The Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or foreclose the lien against the lot subject thereto, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint (including reasonable attorneys’ fees) in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorneys’ fees to be fixed by the Court, together with the costs of the action.
5.5 Use of Property. All owners and occupants shall abide by the By-Laws of the Association and the Declaration and rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and an owner determined by judicial action to have violated said rules and regulations shall be liable to the Association for all damages and costs, including attorneys’ fees.
5.6
Storm Detention Area. The association agrees to maintain the
storm detention area located upon the Common Area and shall have the right
to enter into agreements either with private parties or the
Article VI
Wetland Restrictions
6.1
Wetlands and Wetlands Buffer Easements
Defined. For the purpose
of this Declaration, the Term “wetlands” and “wetlands
Buffer Easements” shall refer to those areas on the final plat of
subdivision for all phases in Parker’s Highlands Subdivision. Wetlands
Buffer Easements and Wetlands have been acknowledged as depicted on the
final engineering of Parker’s Highlands Subdivision by the
6.2 The wetlands and wetlands Buffer Easements shall be subject to the following restrictions which shall run with the land and bind the owners of all lots which contain designated Wetlands and Wetlands Buffer Easements:
(a) No excavating, filling, grading or dredging (except as shall not be harmful to the wetlands and wetlands buffer easements and for management under the direct supervision of a designated agent.
(b) No mining, drilling or the like shall occur and no changes shall be made to the topography of the wetlands or wetlands buffer easements or vegetation in any manner, except as required for the maintenance of the wetlands and wetlands buffer easements established in this Declaration and designated on the final engineering of the subdivision and for management under the direct supervision of a designated agent.
(c) No Construction or placement shall occur of any patios, decks, buildings, structures or other fixtures within the wetlands or wetlands buffer easements.
(d) Except as required for subdivision improvements, mitigation activity or wetlands maintenance, no construction vehicles may enter the wetlands or wetlands buffer easements. Specifically, during the construction of a residence or other improvements to any lot, no construction vehicles shall enter upon the wetlands or wetlands Buffer Easements.
(e) For any person to camp or place a tent or trailer or any type of camping device in a dedicated wetland.
(f) For any person to cut, break, injure, destroy, take o remove any trees, shrub, timber, flower, plant or other natural objects including rocks, soil or water from a dedicated wetland; except that small quantities of such materials may be collected and removed for scientific or educational purposes by written permit from the owner and except for management under direct supervision of a designated agent.
(g) For any person to kill, cause to be killed, harass, pursue, or take any animal, whether mammal, bird, fish, reptile, amphibian or invertebrate or its nest or habitat in a dedicated wetland; except that small quantities of such materials may be collected and removed for scientific or educational purposes by written authorization from the owner except for management purposes under the direct supervision of a designated agent.
(h) For any person to conduct scientific research in a dedicated nature preserve without written authorization from the designated agent.
(i) For a person to possess a firearm, air gun, slingshot, bow and arrow, or any other weapon within the boundaries of any dedicated wetland, except authorized peace officers and as authorized for management and control measures for wildlife population control under the supervision of a designated agent.
(j) For any person to take, mutilate, deface, move or destroy any structure, improvement, work or sign or any stone, soil or other natural object or material in any dedicated wetland, except for management under the direct supervision of a designated agent.
(k) From any person to operate a motor vehicle or recreational vehicle in any dedicated wetland other thatn on designated roadways or parking areas or to park a motor vehicle or recreational vehicle in any dedicated wetland other than on designated roadways or parking areas or to park a motor vehicle except in designated parking areas, except for maintenance and management vehicles operated by designated agents.
(l) For any person to build or light any fire or willfully or carelessly permit any fire which has ignited or been caused to ignite or which under his charge and care to spread or extend to or burn any part of a dedicated wetland, except for prescribed burning for vegetation management under the direct supervision of a designated agent.
(m) For any person t discard rubbish of any kind in any dedicated wetland except in designated containers provided by duly authorized agent.
(n) For any person to bring or allow to enter into a dedicated wetland any dog, cat or other animal or pet.
(o) For any person to engage in disorderly conduct within any dedicated wetland.
(p) For any person to engage in any sporting or athletic activity, including swimming, within the boundaries of any dedicated wetland.
(q) For any group of minors to enter the dedicated wetland without adequate supervision. At least one responsible adult shall accompany each group of not more than 15 minors.
(r) For any person to plant or disperse any native or non-native plant species or their parts into a dedicated wetland without written approval of the owner or authorized agent.
(s) For any person to release or disperse any native or non-native animal species into any dedicated wetland without the written approval of the owner or authorized agent.
(t) For any person to spread fertilizer or herbicides within 25 feet of the wetland. Herbicide may be used to control noxious weeds and non-native plant species only upon consultation with a qualified wetland specialist and a licensed herbicide applicator.
6.3 The Parker’s Highlands Subdivision Property Owners Association shall agree to use its best effort to preserve and maintain the wetlands and wetlands buffer easements in furtherance of the purposes provided herein.
6.4 The Parker’s Highlands subdivision Property Owners Association shall conduct on (1) physical inspection of the wetlands and wetlands buffer easements each and every calendar year for the purpose of insuring that the wetlands and wetlands buffer easements are being preserved and maintained in accordance with these Declarations. The annual inspection shall be conducted in a reasonable manner and at reasonable times so as not to interfere with the enjoyment of the wetlands and wetlands buffer easements by the owners of the lots which encompass the wetlands and the wetland buffer easements. Notwithstanding the foregoing, Declarant or its agent has the right to conduct a physical inspection of the wetlands and wetlands buffer easements at any time and without notice if there appears to be violations of these Declarations or other requirements of governmental authorities or the Army corps of Engineers. The association shall have the further right to enter upon the wetlands for purposes of preserving and maintaining the wetlands and wetlands buffer easements in accordance with this paragraph. In the event any discoveries are made of any violation, enforcement shall begin immediately and the cost and expenses of such enforcement, including legal and court fees, shall be borne by the violator unless otherwise provided herein or as otherwise provided by government ordinance, stature, rule or regulation.
6.5
In the event it is determined by the governmental authorities having jurisdiction
over the Property that Parker’s Highlands Subdivision Property Owners
Association has not complied with the requirements and provisions set forth
in sections 6.2, 6.3, 6.4 of
these declarations, the County of McHenry or other governmental authorities
having jurisdiction over the Property, upon 30 days written notice, shall
have the right to enter upon the wetlands and wetlands buffer easements for
the purposes of maintaining the wetlands and wetlands buffer easements in
accordance with said requirements and provisions. The
