PROTECTIVE COVENANTS
HAWTHORNE HILLS SUBDIVISION
AND ALL ADDITIONS THERETO
Know all men by these presents:
That First National Bank of Normal, as Trustee of McLean County Land Trust #LDB-1, pursuant to trust agreement dated the 25th day of March, 1986 and Larry D. Bielfeldt, being the owner and developer respectively of Hawthorne Hills Subdivision, and being desirous of subjecting said property to the restrictions, covenants, reservations and charges hereinafter set forth, each of which shall inure to the benefit and pass with said property and each and every parcel of, and shall apply to and bind the undersigned and their successors and, hereby declare that the property described in Clause I hereof is held and shall be transferred, sold and conveyed, subject to the conditions, restrictions, covenants, reservations and charges hereinafter set forth.
Clause I
The real property, which is and shall be held and which shall be transferred and sold and conveyed subject to the conditions, restrictions, covenants, reservations and charges with respect to the various portions thereof set forth in the several clauses and subdivisions of this declaration, is situated in the County of McLean, State of Illinois, and is more particularly described as follows: (See Exhibit I)
Said property is to be known as Hawthorne Hills Subdivision to the city of Bloomington, McLean County, Illinois
Clause II
To insure the best use and most appropriate development and improvement of each building site therein: to protect the owners of building sites against such improper use of surrounding land as sill depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereof on poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious appearances; to encourage and secure the erection of attractive homes with appropriate locations on building sites; to secure and maintain proper setbacks from streets and adequate free spaces between structures and in general, to provide adequately for a high type and quality of improvements on said property and thereby enhance the values of investments made by purchasers of building sites therein, the real property described in Clause I hereof is hereby subject to the following conditions, restrictions, covenants, reservations and charges, to-wit:
HOUSE REQUIREMENTS
1. Each house must be centered on the lot except where developer approves otherwise.
2. The foundation and footings on the house must be below ground on the front and sides if visible from any point on the street fronting the house.
3. Exterior fireplaces and chimneys of all fireplaces must be faced with brick or stone.
4. All houses or structures must be set back a minimum of forty-eight (48) feet from the front lot line and a minimum of eight (8) feet from each side lot line.
5. All roofs on houses and structures must be pitched to a ratio of five to twelve or more.
6. No vertical aluminum siding shall be used on any structure.
7. No pressed wood siding shall be used on the exterior of any house or structure.
8. All houses shall have a minimum of four hundred (400) square feet of brick or stone on the exterior.
9. All houses shall have the following minimum square footage of living space, excluding attics and basements:
a. Ranch Style 2,000 Square Feet
b. Two-Story Style 2,600 Square Feet
c. Tri-Level Style 2,000 Square Feet
d. Cape Cod Style 1,700 Square Feet on Main Floor
The square footage requirements of ranch, two-story, and tri-level styles may be reduced up to a maximum of two hundred (200) square feet if the house has an exterior of not less than fifty percent (50%) brick, shake shingles on the roof, and not less than a three-car garage.
10. All houses must be completed within six months of the issuance of a building permit.
11. All lot owners must begin construction within twelve months from the date of closing on the lot purchase.
12. Foundation elevations must be within six inches of city requirements unless otherwise approved by developer.
13. All contractors who are to build houses for lot owners must be approved by the developer prior to the start of construction and no contractor shall be allowed to build without such approval.
14. The developer reserves the right to approve all house construction plans prior to the commencement of construction. A lot owner intending to construct a home shall submit to the developer two detailed sets of blueprints. The developer shall then promptly approve or disapprove the proposed blueprints, returning one set of blueprints to the lot owners or proposed builder, with the other copy being retained by the developer.
15. Each house must be improved with not less than a two-car nor more than a four-car attached garage. The minimum size of any two-car garage shall be twenty-two feet (22) by twenty-two (22) feet and each garage shall have a paved driveway from the street to the garage. All driveways must be paved before occupancy, except where weather prevents paving and then only with the approval of the developer. No vinyl siding shall be used on the front of any house or improvements.
LOT IMPROVEMENTS
1. No outbuildings, above-ground swimming pools, clotheslines or poles, TV reception dishes over two feet in diameter or chain link fences shall be allowed, nor shall any fence be over six feet in height. All fences shall be approved by the developer before erection.
2. Playground equipment, firewood, and TV dishes must be screened from all abutting lots.
3. Each lot owner must plant a minimum of 12 trees within 120 days of occupancy of any house constructed on a lot. Six trees shall be evergreen type, at least four feet tall when planted and six shall be at least two inches in diameter deciduous type trees with one of six being in the front yard and a Hawthorne type. All trees must be regularly trimmed and maintained in an attractive manner.
4. All sidewalks shall be developed by the builder on the houses in accordance with city requirements. Developer shall reimburse the builders within ten days after construction of the sidewalks at the rate of $1.60 per square foot of sidewalk. Developer retains the right to install sidewalks in advance of construction of houses if required by the City of Bloomington. Any damages done to existing sidewalks during construction shall be the responsibility of the lot owners to repair at their expense.
5. All lots must be sodded.
MISCELLANEOUS PROVISIONS
1. No livestock nor pets shall be allowed other than domestic pets such as dogs, cats, birds, and fish. Pets shall not be allowed to roam beyond the boundaries on the lot in such manner as to become nuisances or interfere with other homeowners. Homeowners with dogs as pets shall avoid leaving the dogs outside the house after dark.
2. No travel trailers, recreational type vehicles, mobile homes, boats, boat trailers, motorbikes, trail bikes, snowmobiles, lawn care equipment or like vehicles or items shall be kept on the lot or any where in the subdivision and its additions except within enclosed garages.
3. All lawns shall be well maintained and grass shall be kept mowed to a height of eight inches or less.
4. No dirt shall be removed from any lot or from the subdivision or any addition thereto without the developer’s approval, nor shall any dirt be dumped any where in the subdivision or additions without the developer’s approval.
5. Developer shall create a Hawthorne Hills Subdivision Homeowner Association at the developer’s cost. Each lot owner will automatically become a member of the Association upon the closing of the lot purchase. Each member of the Association shall make an annual payment toward the costs and expenses of the Association, once set up by the developer, and the Association shall make an effort to hold the annual contribution to not more than $150.00 per year per family. Developer agrees to develop park within the subdivision and to manage the park until it has been developed to the developer’s satisfaction, at which time the park shall be turned over to the Association free of any and all debt. The lake located in the subdivision shall be a part of the park and will be included in the land turned over to the Homeowners Association by the developer. All or a portion of the fees paid by Association members may be used by the developer for improvements to the park as well as maintenance thereof. Developer will establish rules and regulations for the use of the park, including the use of the lake and beach, and these rules and regulations shall remain in effect after said areas are turned over to the Homeowner Association. Until such time as developer and owner have sold all lots in the subdivision or any additions thereof, no changes in rules and regulations pertaining to the park, lake, and beach shall be changed, amended, or added to without the approval of the developer.
6. Not more than one sign advertising a lot or house for sale shall be placed on any lot. Only “selling” brokers signs shall be allowed on a lot advertising that a lot or house has been sold, Any such signs advertising that a lot or house has been sold shall not be allowed to remain on a lot for more than 14 days. When a purchase agreement or contract for sale of real estate has been signed by a lot or house owner, the selling broker shall have the right to place their “sold” sign on the lot and the “listing” broker’s sign shall be removed.
7. All the lot owners shall maintain their yards so as to keep them clean, free of debris, free of weeds, crabgrass, and dandelions.
8. New lumber shall be used in the construction of any house. No prefabricated or enclosed panelized construction shall be allowed, except as may be approved by the developer.
9. All houses constructed on lots shall have basements or crawl spaces. No houses will be constructed on slabs.
10. No outbuildings of any kind shall be allowed on any lot, except for gazebos and other decorative structures as developer may, at his discretion, approve.
11. No footing tile or downspouts shall be connected to the sanitary sewer system. No surface water shall be allowed to enter the footing tile drainage system, except with prior approval of the developer.
Clause III
All of the foregoing restrictions, reservations and covenants shall run with the land and shall be binding upon all subsequent owners, and all restrictions, reservations and covenants shall be enforceable by each and every lot owner by appropriate legal action in courts of law or equity. In the event that developer or any lot owner must resort to a court of law to enforce any of the foregoing restrictions, reservations or covenants, the lot owner or owners who have violated the same shall be liable and legally responsible for all court costs and reasonable attorney’s fees incurred in the enforcement of the same. Any such court actions may be brought to restrain violations, to require corrections or modifications, or to recover damages.
Clause IV
The restrictions, reservations and covenants set forth herein shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date that same are recorded, after which time such covenants shall be automatically extended to successive periods of ten years, unless an instrument in writing, executed by the then record owners of a majority of the lots in the subdivision and additions thereto, shall have been recorded in the office of the Recorder of Deeds of McLean county, Illinois, agreeing to change said covenants in whole or in part.
Clause V
Invalidation of any one of the foregoing restrictions, reservations or covenants by judgment or by court order shall in no way affect any of the other provisions which shall remain in full force and effect, and a waiver or modification in any of them by developer as to any particular lot shall not in any way limit, restrict or bar the enforcement of them as to other lots or lot owners.
Clause VI
All lot owners, their heirs, representatives and assigns shall maintain the gravity flow drainage system on the lot owned. In cases where a drainage line adjoins or abuts two properties, the maintenance shall be shared on an equal basis by the lot owners. Repairs in areas other than on lots shall be shared equally by all lot owners above the areas repaired.
Clause VII
The undersigned do hereby certify and covenant that they are the owner and developer of all the property affected by this document and that they are authorized to execute the same.
The complete and official copy of the Protective Covenants for Hawthorne Hills is on file with the Recorder’s Office of McLean County, Illinois. (5-13-87)