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Hazelwood Heights Subdivision - ARC Internet Support Services

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									                                                                77R5553
                                 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.


                                     -2-
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”.




                                      -3-
     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.



                              -4-
     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.


                               -5-
            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.




                                     -6-
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.




                               -7-

								
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