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2022-06-20 - Ordinance 2022-057 - APPROVING AN AMENDMENT TO PLANNED UNIT DEVELOPMENT PURSUANT TO ORDINANCES 2005-24, 2005-25, 2005-26 – FAIRVIEW ESTATES (361 Raymond Rd) ORDINANCE NO. 2022-057 AN ORDINANCE APPROVING ANAMENDIVIENT TO PLANNED UNIT DEVELOPMENT PURSUANT TO ORDINANCES 2005-24, 2005-2S,20015-26—FAIRVIEW ESTATES VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 361 Raymond Road Fairview Estates WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the lihnois Constitution of 1970; and, WHEREAS, in 2005 the Fairview Estates development was annexed to the Village of Buffalo Grove by Ordinance No. 20,05-25, pursuant to a written Annexation Agreement dated May 2, 2005 and approved by the Village by Ordinance No.2005-24 and was rezoned to R-5 One-Family Dwelling District with a residential Planned Uniit Development; WHEREAS, 11 ("Ryan")Yourn,a resident of Fairview Estates development,(hereinafter referred to as "Petitioner"), is proposing to build an addition that extends outside of the building box of his property(Unit 18), which is at 361 Raymond Rd and, WHEREAS, the proposed improvements of the Property require amendment of the Planned Unit Development pursuant to Ordinances 2005-24, 2005-25, 2005-26; ancl, the Petitioner has requested said amendment pursuant to the following exhibits: EXHIBITA Plan Set EXHIBIT B Minutes from the May 18, 2022 Planning & Zoning Commission Meeting WHEREAS,the Village Planning&Zoning Commission conducted a public hearing on May 18,2022 concerning an amendment to Planned Unit Development pursuant to Ordinances 2005-24, 20015-25, 2005- 26; and the Speedway Development; and, WHEREAS, the Planning & Zoning Commission voted 6 to 0 to recommend approval of an amendment to the residential Planned Unit Development(Ordinance Nos.2005—24, 2005-25, 2005-26)to allow for an addition to extend outside the Building Box 18, 361 Raymond subject to the addition, built in accordance with the submitted documents and plans. NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Home Rule powers.The preceding whereas clauses are hereby incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amendment to the residential Planned Unit of Development(Ordlinance Nos,2005—24,2005- -------........................­11,.................. ----——------- 2 25, 2005-26) to allow for an addition to extend outside the Building Box 18 at 361 Raymond with the following conclitions: 1) The proposed addition shalt be installed in accordance with the documents and plans attached as part of this petition. Section I This Ordinance shall be in full force and effect.This,Ordinance shall not be codified. AYES- 5—Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYES: 0—None ABSENT: J.—Stein PASSED: June 20, 2022 APPROVED: June 20, 2022 APPROVED: NgAAil _.e%wkI&LC_A2 Beverly Sussmon Village President ATTEST: Janet"rabia,-,i, Village Clerk 3 EXHIBIT A—Plan ;set 361 Raymond Road Fairview Estates NARRATIVE SUPPLEMENT TO PETITION FOR CONCEPTAND PRELIMINARY PLAN REVIEW OF 1L ("RYAN") YOUM AND YOO JIN CHOI FOR 361 RAYMOND ROAD, BUFFALO GROVE, ILLINOIS Background Ryan Youm and Yoo Jin Choi ("Petitioners") reside at 361 Raymond Road, along with their two children, ages 11 and 6. They purchased the house in 2007, and are the original owners. In April 2021, Petitioners submitted a Building Permit Application, in regard to the construction, to the rear portion of their house, of a 1-story framed room addition, of approximate dimensions of 12.5 feet by 13.75 feet, to be located on the space currently occupied by a wooden deck of the same approximate dimensions ("Permit Application") (Photographs of the existing deck are included in Exhibit E, which is attached hereto and by this reference incorporated herein). Upon review by the Village of Buffalo Grove ("Village"), it was noted that the proposed Room Addition would, at its closest point to the rear lot line (the Southeast corner of the Room Addition), encroach into the 35-foot rear yard setback, by a distance of approximately 11 feet. As such, a Permit was not issued. Property Characteristics The house is located in the Fairview Estates Subdivision, which is PUD in an R-5 Zoning District. This is a 2-story structure, with a first floor of approximately 1380 square feet. The house is located on a lot of approximately 6,111 square feet. The rear yard setback, for the Subdivision, is required to be a distance of 35 feet. The unusually small lot size, as well as its parallelogram shape (which includes a diagonal rear lot line), creates a situation, which further diminishes the ability to utilize the rear yard. Surrounding Neighborhood Fairview Estates is a PUD in an R-5 Zoning District, consisting, it is believed, of twenty- six (26), single family homes. There are two streets; Raymond Road, which is a north- south street serving as the access to Pauline Avenue, and Mary Belle Circle, which is an east-west cul de sac, servicing eight homes in a circular fashion. The Petitioners' home is located in the southern portion of the east side of Raymond Road, one home north of the beginning of the cut de sac. There is one home to the north, fronting on Raymond Road (371), one home to the south, fronting on Raymond Road (351), and one home on the east/southeast of the rear of the Petitioners' home, fronting on Mary Belle Circle (347). Immediately to the rear of 347 Mary Belle Circle, as well as to the east/northeast of the proposed room addition to Petitioners' home, is open space. Proposed Room Addition Project Petitioners have resided in their home since the summer of 2007. Although the home consists of two stories, as well as a basement, now, along with their two children, they desire to have more family space on the first floor of their home. The Petitioners' children enjoy planting and one of their wishes is having an "Indoor Plant Room", especially during the winter time. Our area experiences long winters and the Petitioners' family can hardly find outdoor activities. If the Petitioners can, however, construct the proposed "Indoor Plant Room", they believe that being able to engage in planting and gardening will bring therapeutic influence on their children. Petitioners also believe that having the "Indoor Plant Room"will provide them a sense of responsibility to care for nature and encourage care for the environment. The proposed Room Addition will provide this family space. The Petitioners and their children have have close relationships with people in the neighborhood. The children love their schools and the friends in those schools. The Petitioners and their children love the location of their home, being close to parks, taking walks and being with their neighbors. The only alternative method of obtaining the desired main floor family space, would be to sell their home and purchase another home, requiring the Petitioners and their children to move out of the neighborhood. This would, however, cause the Petitioners to also be faced with another significant concern, specifically involving the economics related to such sale and purchase. In light of the current trends in the existing real estate market, there exists a high degree of certainty that the Petitioners will incur a significant monetary loss in the sale of their home. The Petitioners will also then be faced with the prospect of purchasing a home, which would provide them with the additional space desired, possibly at a higher purchase price, in a location outside of their current neighborhood, along with all of the expenses associated with the sale, purchase and relocation. As such, moving is not a viable option for the Petitioners. Relevant Zoning Ordinances 1. Section 17.40.020(B). Area, Height, Bulk and Placement Regulations (R-5). 2. Section 17.52.040(A)(1). Authorization Variations-Planning and Zoning Commission. 3. Section 17.52.070. Criteria for Variation. Criteria for Variation (Buffalo Grove Zoning Ordinance/Section 17.52.070). A(2). The Plight of the Owner is Due to Unique Circumstances 1. The size of the Petitioners' lot is approximately 6100 square feet. It is not rectangular, having a straight (90 degree) rear lot line, but has a diagonal rear lot line. 2. Due to the shape and size of the lot, there is no room for expansion of the home, in strict conformance with the restrictions identified in the Zoning Ordinance, in regard to this home. 3. The home was constructed by the developer, and the Petitioners are the first and only owners. The Petitioners have made no alterations to the footprint of the home. A(3). The Proposed Variation Will Not Alter the Essential Character of the Neiahborhood. 1. There is similarity in the lot sizes in this PUD. There is also similarity in the design, location and size of the homes in this PUD. The requested variation, so as to allow the construction of the proposed Room Addition, on an area on and slightly larger than the existing deck, will not in any significant manner, alter the essential character of the neighborhood, as it relates to the Petitioners' home. 2. The proposed Room Addition will be of construction and design similar to that of the neighboring homes. 3. Other than the proposed Room Addition, the home is not being altered. 4. The proposed Room Addition will not cause an obstruction of view, air or light, in regard to any of the immediately adjacent homes. Documentation in Support of the Petition 1. Proof of Ownership (See copy of recorded Warranty Deed attached hereto and incorporated herein as Exhibit A). 2 2. Legal Description (See Warranty Deed). 3. Project Information (See copy of Building Permit Application attached hereto and incorporated herein as Exhibit B). 4. Plat of Survey/Site Plan (See copy of Plat of Survey/Site Plan attached hereto and incorporated herein as Exhibit C). 5. Elevation Drawings (See copy of Proposed Frame Addition to SFR, containing certain Elevation Drawings, ["Youm-Permit Set(04.06.21).pdf'], attached hereto and incorporated herein as Exhibit D). 6. Conceptual Visual Depiction (See copies of two Visual Depictions of the Proposed Room Addition, ["DRAFT 1.pdf'] [DRAFT 2.pdf], attached hereto and incorporated herein as Exhibit E). 7. Homeowner Association Approval (See copy of Homeowner Association Approval attached hereto and incorporated herein as Exhibit F). 8. Letters of Support From Neighbors (Five Letters) (See copies of Letters of Support From Neighbors attached hereto and incorporated herein as Exhibit G ). 9. Real Estate Market Information (See copies of Pages from Redfin website, dated 1/11/22, attached hereto and incorporated herein as Exhibit H). The Petitioners, II ("Ryan")Youm and You Jin Choi, respectfully request that their PETITION FOR CONCEPT AND PRELIMINARY PLAN REVIEW, including but not limited to their request for the Variation identified in the Petition, be granted. J� Date: ("Ryan")�Youm Yoo I e,n Cl,,o Date: ° ' `T 2- Yoo Jin Choi PLAT OF SURVEY OF THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33,TOWNSHIP 43 NORTH, RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33(AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST,ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD;THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,BEING A CURVED UNE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET,AN ARC DISTANCE OF 105.81 FEET(CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105,10 FEET)TO A POINT OF TANGENCY IN SAID LINE;THENCE SOUTH 19 DEGREES 09 MINUTES-53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 221.06 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY UNE OF SAID RAYMOND ROAD,A DISTANCE OF 1.13 FEET;THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 52.89 FEET,THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 116.05 FEET;THENCE NORTH 22 DEGREES 02 MINUTES 20 SECONDS EAST,A DISTANCE OF 10.31 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NO HAVING A RADIUS OF 190.00 FEET,AN ARC DISTANCE OF 35.81 FEE[(CHORD BEARS NORTH 16 DEGREES 38 MINUTES 22 SECONDS EAST,A DISTANCE OF 35.76 FEET)TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST,A DISTANCE OF 7.95 FEET;THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE,A DISTANCE OF 115.77 FEET TO THE POINT OF BEGINNING,IN LAKE COUNTY, ILUNOI S. 17 ) e-a 7 PHONE PEDESTAL S 19'09'53" W 115.7 - 1.13' 6A 683 .6W.s6 --- '"" T Setback Line �, `y s's N 11'14'24" E J L am ,r °°.�7.95' sp, :. ^ m n ROPOSED �me'A° e H.OUT* rn��r � -STORY _ a, ownNuasavA a � DITION Oo� f/1 a.6B�CONCREtE � O O� 3 STOOP Edatl g a3 oT. C.ea Nte Residence - 11 O44Mjfv MANHOLE$a Driveway TjF 684.02 "`I RIM=682.19((P— «Z ^j a'W INV.=8?a.?E(PLANj w3 ry 68 "53 2 "5 //►► 41.12' S se �!r % 7 Setback Line aexg'38' 10.31' P6 .1 N 22'02'20" E 15'SiORM SEWER 5' N 89' E 6 3^`�' -� Ei.Ecmic PEOESTu. 6( STORM MANHOLE pEDES{py RiM=681.s' a� 3 a8 8� eet INV.=6T126(PLAN) S �"Q 4 TORM MANHOLE fle RIM676,774{(PLFlNPLAN)INV.88 ) ml �, aS)lpt6r➢ity� BRYAN J.LEE ffi AS ;O s !, STATE OF ILLINOIS / COUNTY OF LAKE S.S. / i !i FIELDWORK COMPLETED: 11-22-2021 1, BRYAN J. LEE AN ILUNOIS PROFESSIONAL LAND CLIENT NAME: C Youm SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED ADDRESS: 361 Ra—nd Road AND STAKED THE LAND AS DESCRIBED IN THE ABOVE Buffalo Grove E 60089 CAPTION. ANY STRUCTURES SHOWN HEREON WERE LOCATED NOTES: BY ME OR UNDER MY DIRECTION AND THE PLAT DRAWN PLAT IS VOID if the Impressed Surveyors Seal does not appear, HEREON 15 A CORRECT REPRESENTATION OF SAID Only those Building Lines or Easements Shown on s Recorded SURVEY AND THAT THIS PROFESSIONAL SERVICE CONFORMS Subdivision uiat or from o Recorded Document are shown TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A hereon; check local ordinances before buildin BOUNDARY SURVEY. g. DATED AT GRAYSLAKE, ILLINOIS THIS 23rd DAY OF Compare your description and site markings with this plat AT November A.D. O 05. ONCE report any discrepancies which you may find. ADD DISTANCE 02-10-2022 B.J.L. R.E. ALIEN AND ASSOCIATES, LTD. ILLINOIS P FESSIONAL LAND SURV YOR 35-3616 PROPOSED ADDITION 11-29-21 B.J.L Scale: 7"=20' PROFESSIONAL LAND SURVEYORS MY LICENSE EXPIRES i t-30-22 FINAL SURVEY 08-18-OB B.J.L. 1015 N. CORPORATE CIRCLE, SUITE C LOCATE FOUNDATION 04-23-06 B.J.L. FILE NO. 154-05 GRAYS LAKE, ILLINOIS 60030 PROFESSIONAL DESIGN FIRM NO. 184-002732 REVISED SURVEY 03-17-06 B.J.L. SITE2.dwg PHONE: 847-223-0914 FAX: 847-223-0980 VE, H__HHM'_UNH 1-IIHII UNION,w 18 q .-N 1 0 MR '! '2 11 sum 1w, Put MU HHUMI awn"N 2 1 NY 11 H"i f qMUwH.n1j 11101 HUI H M W HUMM IMMUNH um aat w"WWI M-wM0NMwfl* 11HO ur HE imai ED ME 1 wo 1 Ulu UMM nmMummu mgRUNHWHIl 9.2 ]!a 1 Uuk,Hiu I u W Him Hamill 'n H ugai Mnwia�'Hflt. Nan! H KHRINN tau 2Q. a, N 1MqH 1 M1 KI ammij MU NMI MR 1 M 11 W 1 . Swul H ii. 1 ..wu I Al P M HUM? H KM -MMMU MUM HUI 11gynk 1h W s W lull N WHIM H_ q 1, - N H M! 4q M1 OWN HH w R; P P PM PQ w 1pi UMM11 06i R 9 j I HE 11911 IH- HIM9HPI WE!;NO F[ IMM IN M H Hal Ulu, H pill I in wl H 1.1 it in H N I Q Mo lull HUH ➢ 110 11M 1 gul 1-1 -!1 1 5fl _01 11 MA 11' 1-W H Z a H U;ion 11110 Im 1 'H Hd­ 14, 1 1. i I 2� �' ;- I IQH! In 1 MM SUNNI Hill MM W IN --paw- --- WIN nownMnamp amum on go ,Ie N1-1 11 MM! 1 Hi lop wMpq f HNU!WON! 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Nam" '•N �,t�£3 h;s aW-F ��� S,_ 3 4 ar a � g > , 44 3; w; ° r i y m F k y y z\ ' �w b ' r r� 2 �s �x •�� 17� i��T�T F t�+ .s z �, ��:d I I I I�Ir�41j1 bE Q4 h o•. { 5 n � v rL da s�: r •.. " �� 5 < PETITION FOR CONCEPTAND PRELIMINARY PLAN REVIEW OF IL ("RYAN") YOUM AND YOO JIN CHOI FOR 361 RAYMOND ROAD, BUFFALO GROVE, ILLINOIS EXHIBIT F HOMEOWNERS ASSOCIATION APPROVAL 1 Best regards Ryan Youm --------- a a --------- t: Fairview Estates <fairviewestatesbg@gmail.com> tNt,411-1: windychicago<windychicago@hanmail.net> 361 RAYMOND RD- IL YOUM &CHOI YOO JIN <essiejin17@gmail.com> z : 21.05.28 00.54 GMT+0900 �1Is: Fwd: Fw: 361 RAYMOND SUNROOM ADDITION PROJECT Good Morning Ryan 11 Youm&Yoo Jin Choi- All board members had a chance to review the plan for adding a sunroom,which is the size of the current wood patio at 361 Raymond Rd. Everyone has approved it for submitting to Village Of Buffalo Grove for further due diligence and approval. Please keep us posted on your progress with final approved plans. Regards, Fairview Estates Homeowners Association Himanshu Patel (391 Raymond) Alex Shulman (411 Raymond) Ramu Amanchi(380 Raymond) Bin Lin(371 Raymond) Sameer Dalal(350 Raymond) ---------- Forwarded message From: Fairview Estates <fairviewestatesbg@gmail.com> Date: Wed, May 26, 2021 at 8:14 PM Subject: Fwd: Fw: 361 RAYMOND SUNROOM ADDITION PROJECT To:411 RAYMOND RD-ALEX&YULIYA SHULMAN <aleks.shulman@gmail.com>, 380 RAYMOND RD- RAMU AMANCHI &ARCHANA BINDU<ramanchi@hotmail.com>, 350 RAYMOND RD-SAMER & URVI DALAL<sameerrdalal@gmail.com>, 371 RAYMOND RD-BIN LIN <binlin_km@yahoo,com> li i Date: Dec.0412021 Village of Buffalo Grove Department of Community Development 50 Raupp Boulevard Buffalo Grove, IL j Re: 361 Raymond Road, Buffalo Grove/Proposed Room Addition To whom it may concern: We (or, if only one person, then "I") have had an opportunity to speak with Ryan Youm &Yoo In Choi regarding the proposed room addition at his home: We (or, if only one person, then "I") support this room addition. I i i i i 343 Mary Belle Circle, Buffalo Grove Name: Sign; P I I i I I I Date: Dec.042021 i Village of Buffalo Grove i Department of Community Development 50 Raupp Boulevard Buffalo Grove, IL Re: 361 Raymond Road, Buffalo Grove/Proposed Room Addition: To whom it may concern: We (or, if only one person, then "I") have had an opportunity to speak with Ryan Youm &Yoo In Choi regarding the proposed room addition at his home.! We (or, if only one person, then "I") support this room addition. i i i i 371 Raymond Road, Buffalo Grove Name: Sign: 4t ?�-► i i I i i i i i I i i i } Date: Dec.04.2021 Village of Buffalo Grove Department of Community Development 50 Raupp Boulevard Buffalo Grove, IL Re: 361 Raymond Road, Buffalo Grove/Proposed Room Addition To whom it may concern: We (or, if only one person, then "I") have had an opportunity to spear with Ryan Youm &Yoo In Choi regarding the proposed room addition at his home.; We (or, if only one person, then "I") support this room addition. 381 Raymond Road, Buffalo Grove Name: VeAO kakC4Yn4iltt Sign: t i I i i i i Date: Dec.042021 Village of Buffalo Grove Department of Community Development 50 Raupp Boulevard Buffalo Grove, IL Re: 361 Raymond Road, Buffalo Grovel/Proposed Room Addition To whom it may concern: We (or, if only one person, then "I"} have had an opportunity to speak with Ryan Youm &Yoo Yn Choi regarding the proposed room addition at his home. We (or, if only one person, then "T") support this room addition. 347 Mary Belle Circle, Buffalo Grove Name: vovft' Sign: Date: Dec.04.2021 Village of Buffalo Grove Department of Community Development 50 Raupp Boulevard Buffalo Grove, IL Re: 361 Raymond Road, Buffalo Grove/Proposed Room Addition To whom it may concern: We (or, if only one person, then "I") have had an opportunity to speak with Ryan Youm &Yoo Jin Choi regarding the proposed room addition at his home. We (or, if only one person, then "I") support this room addition. 351 Raymond Road, Buffalo Grove Name: Sign: RECORNNG SPACE APPROVED BY VILLAGE 130ARD BLOCK 25 OF FINAL PLA, T OF SUBDIVISION Date: HORAT'10 GARDENS SUBDIVISION _LA PER DOC. NO. 302090 054aalfce # FAIRVIEW E S T A. TE S Exhibit BEING A SUBDIVISION OF' THE WEST IlAlY OF THE SOUYHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST Other PAR7 OF OF' THE THIRD PRINCIPAT-, MERIDIAN, AND BEING A RESUBDIVISION OF LOTS 1, 2, 3 &' 4 IN FIRAIRIE VIEW ACRES SUBDIVISION, BEING SU'BDIVISION A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOMNSHIP 43 NORTH, RANGE 11 'EAST OF THE I'HIRD PRINCIPAL, MERIDIAN, ACCORDING TO THE 13LAT THEREOF, RECORDED DECEMBER 9, 1955 AS DOCUMENT NO, 891.499, IN 1,AI(E COUNTY, 11A.JN0JS L F-)IRESEN FED 'TO PLAN COMM�SS�ON Fl,� PRE V1005L Y DEDICATED To THL,, VILLAGE 0.F ­­­ ­----­----- �6 BUFFALO GROVE PER DOC, NO. 302090 0 Date,�. PAULINE AVENUE Adbri, -A N89038 "45""E 417- 811 P I N NUMBERS: 0 .______.____._HEREBY DEDICATP'D 7,o TjjV, 0 __.-NORTH LINE OF THE SOUTHEAST PRE VIOUSL Y DEDICA TED TO THE VILLA GE OF 15-33-400-001 0 0 QUARTER OF SECTION 33--43­11 BUFFALO GROV17 I)AW DOC-A10. 17,98005 15­­33­­402--018 40 N__­_`ET CONCRE VILLA(,,' Of'A 20 0 40 80 QNUMENT BUFFALO GRO VE 15-33-402­019 �AT CORNER 12 00'-- 15----3 3 N89'38'45"E N69'38'45"E 15-33-402-021 T­ SCALE 1" 50' 8 8 277 47.01' 17 6,61 9.0�o \�---SET CONCRETE NOO'21 NOO*21 15 w to 10-47' �0.47 MONUMENT AT CORNER 7r 59.77' 55.067 R=65�00'- "7 00' L=3'6 7 1 N89 38'45"E L HAWTHORRf,, to L=30�99' WOODS BUIL D ING, 13OX 00, BUILDING BOX �,l O.J Day 51*) Z.P. z� n� c 12 'kv�. , zu i� 21 c, < jc� PAR 25.00 25 q) �12 S2 55 00 P R EA&?` 511w Q7 < ts LONG 9�qy�: "I , 1!11 r_� , I— co DEVELOPER/OWNER: p ", " I�- 11 - _____ _ S69'.18'45`W x SITE L A 1'4- &Q PART OF LEXINGTON F ND IRON ROD- 889'38'45"E 889038145"E TERRY BARNETT 4.05 N 1!� GLENBROOK PROPERTIES� LLC Or HILLS S"UBDIVISION F 67,70' 55.00, � 1z (3ROV 0.06 E -FOUND IRON PIPE 20389 WEILAND RD. a 0.78 PRAIRIE VIEW. IL 60069 s _w� 6.28 W PHONE: (847 ) 724 947 7 1:� �r) 4 WH q.` i­ZK 81JI-L DING-&W­ FAX: (847 '---FOUND IRON PIPE 459.� 2 9 47 6 89 38 4� S.00,�. 14 13 1 W;I Z, I I A CORNER A cj PAL IMS' ",i ­1/ i I �""r PROSPEO 41 83 "ok " 11 SURVEYOR: \��294 55,00, HEGH 6416' iWCKIE CONSUL-TANTS. LA.0 1IGGINS, ROAD _J I S089`38'45 T 9575 WEST SUITE 500 K N6.9038'45'E LIfE ROSEMONT. ILLINOIS 60018 N -if L OCA TION MAP F7- 55�001 PHONE: (84 7 ) 696-1400 I -po FAX: (847 ) 696-1410 ...........­__.__.__­­._.__.__._­__ _�S- I 0'r N 0T TO SCALE ,N) 0_Xl� BUILDING BOX jljii� ENGINEER: 1�� 8111L.DING BCJl IS GROUNDWORK. �_"m- "1 1 3 14 351 WEST DUNDEE ROAD IV Poll, 11 BUFFAL.0 GROVE, 1L 60089 'ki 00 68.30' 1 1, 0 '41 51 38'45'W - z 7 _j P/I.AJ13,1E, Vt1`VV S69- S89038 4 PHONE: (847 ) 541 A C 1��1,'S f,�')IJ 13fA VISION, < FAX: 847 541 ' 9P #89'3845'E j,)i�) `1/6' C. NO, 8 R� #89*38'45"E I 4-, 55 00 �__ <z 411 LL 0 J 0 -4 '1� .11 BUIt DING I I , Q. 1151�1' Boy .4 , -,10, BUILDING �30,v 2"17' 0 15 -1 LJ LL A i2 R 68-30' _j 81 .104 SO. FT�� OR 1 .86 ACRES- MORE OR LESS C) 1: z 14' 5 CV S� v % ­ 4�-4� I / 1%1, L OT 2 142,353 SO. FT,,., 1,R,,,,3.'�,Z,)"47,,,,�,,,,ACREiS..-,, �AORE OR LESS ko N89'38'45"E '38'45"E 0-1 .70 AREA IN 22,440 S _�89 "--FOUND IRON PIPE MORE OR LESS 68�2?' $�, 0 AREA _AVE�46E RICHT OF' WAY- 14,491 SO. FT-.- OR- 0;37,45' ACRES- MME OR L oz�'�, _1 Ll. 0 IN PAULINE' Y j4l 55.,00' N 0.47 S ESS M D 0.18 E AREA IN RAYMOND ROAD RIGHT OF WAY 38,224 SO. FT',, OR 0.88 ACRES, MORE ORLESS 4 i�qN3 / Z� I LOT 2 Z uj A Dt _E cb tr)IZ, BUILDING BOX t,o Iz$ Z,,� MARY B 1_1_ r) (Z5, 8111L DING BOX M 1-0 AL _�LHR(ILE__RM It L�(E-QE A&)L_ -.5 1 --i R t.0 142,353 SO, F1% Uj �:r 313,404 SO. FT. OR 7�20 ACRES, MORE OR LESS /kY C31) o 16 4,/ V� F-1 LU 0 C, z 11w 6830 58 9-,T8'43 - T j Z LU < N89*38'45"E 00 4' N89*38'45"E' v* =L_---____-__ _j x 55�001 VIE 67 53' ixff 2 ACRES SUBI ]VISION OUT11011, I 4z� P-, Lo 4� BUILDING Box RA) '" V? '4' 1"", - 8' :-ION, BUIL DING 130Y qX'- "l, NO, 8�91499 cj; Aw RIDG,EWOOD NO. 1. SIJBDIVISION �v"S V1_1 17 W� 1, 7,-, PER DOC. NO. 1798025 6 67 g C.5 !, 'r, BLANKET EASEMENT 68. c.> 2, Lo L FOR PUBLIC UTILITY 01 PER DOC. NO. 1798025 PA E I _j .R$ 3845"W -E T N89-38'45 1>6 66.74' 55.00' N� Ull ­ 01 �!6 'XI In BOX BUILDING -BOX---- se v, FOUND IRON PIPE--- �_I "--FOUND IRON PIPE " :j 5�C\, 1.07 S 7 1.8 I C-A 0.57 E A, O� 73 S O�92 E 66�90 ILI S69*3814"i" -'T­ p li IR1111" V I'w I *38'45"W 91 ACRI" S11BI)l JSJ�()N� zz '%5/1 " . I .-- �/; BUILDI N89*38 45"E, T, 'Z��\; A NG BOXII - - ­ f) ".11 ` ( �_ 0_j 0 1) Cl, N 0. 8 911:9 9 .3 22 X;, "/ �Rr- 00, BUILDING BOX 'N< <11 BUIL.DING BOX �,'�BUII D INC, B 8 906� 23 19 A z�/Ap,_ 411 R '26 0 4o$ 01 7.00, .01,5 Jo 11 ------- -14J5' 51.7 2.00 R. e�-07---3 �5 S89*38'454 q? 81604 SO, FT 76 's T8_�4� A4 N89038'45"E_ 00�00, 14.,g PART OF BUFFALO GROVE Jo 4.9 55 06' -78�00, MANOR SUBDIVISION -A*4 #�,q. C3 4 R=15 5.00' 66 74' v L=17 4 5' 18.,r L7'4 5 E 5238' BUILDING 13ty c',, 4 A�f'.4 BELLE CIRCLE 9 w 4A BUIL DING BOX C.Zd I ON PIFIE 638'45"E FOUND C, :0-1 55.00' 1---S��0'21'15-E ---FOLJND IRON PIPE 0.84 S S 38 24 "I�g 1 1/ 0.72 S CD 0. 19 w 5"W" 5p, cn, - 0_38 w S89038'4 HE R,0 Y DEDICA T,6D TO Y'llp,', vil, �rC3 _YUF"PiLo__� - _ - W aE___oF[_.__ I-- _1 z LA _1 I- N89*38'45"E --Jcr — 66�58' ­4 C> 41�j .79, 31�331 1 L-,-/ Jo 0, N8Tu 036'4 "E 56.36' 131JILDIIVG BDX 1.0 (ZI 80,x 91�j <n I�_ -I 1§"� 8111t DING OZ N8 t- �Z�) C) 00 19,� 00 ;� J < <D N� S89*38'4 �j 25 34' 25 2"w 7J,96' N89'38'45'E I I ­-- ­­­ �00 S69657'45"W 01 BUIL D INC, BUILDINC 1 � BUILDING C) W LL j_ ', .31' 12�O 12�1 1 s�'rBACK LINE #89*57'45"E 13OX Z� BOX - ­�:z V- 73.97 BUIL DING BOX Lo I Lej . . U"� % Lu 20 1 1"� 21. 3�ool SURVEYORS NOTES: 0 c �1- BUILDING BOX u� '7) 1 . THIS PLAT IS BASED IN PART ON A TITLE COMMITMENT REPORT. BY ATTORNEYS Z?�.00, Qt il) � I"'m 12 cv TITLE GUARANTY FUND, INC. DATED L,OT 4 C) N_c� 0 0 0 c� 26 SEPTEMBER 5, 2003 AS ORDER N 0. 5el.55 h 4.001 37 00, 'W Z, 030223000046, BY CHICAGO TITLE INSURANCE COMPANY DATED MARCH 4. 2004 lk�00,_ -,e 1111ALRIE VLF�', AS Z V) M A I L 1-0: DATED 589-36'56-W J 1w, S89*J656`W s69'J656`w A C R f.,',S SU13DIVISION 5�!Lpo q j uj VILLAGE CLERK ORDER NO. 1409 ST5045562 NWA. BY WHEATLAND TITLE GUARANTY COMPANY C> S89636'56"W �? I 1 1, OC". NO� 891499 OCTOBER 19. 2004 AS ORDER NO - SFH--2004LK57'15.0 AND BY WHEATI AND TITLE cl _j VILLAGE OF' BUFFALO (.',ROVE Nj 74.00' GUARANTY COMPANY DATED SEPTEMBER 24, 2004 AS ORDER NO. HC-2004LK -5716.0. .4o LN 0 50 RAUPP BOUL.EVARD 2. ACCORDING TO <1 0 .cr� 0', 1 OUR IN'TERPRETATION OF "THE FLOOD INSURANCE RA,rE MAPS THAT FOUND I ON PIPE-\ —SET CONCRETE 25' BUILDING . I LJU 0 BUFFALO GROVE. IL 60089 : 0 COVER THE AREA, THE HERE IN DESCRIBED PROPERTY F Al..L S W ITH I N ZONE "X O.S5 s MONUMENT SETBACK LINF. 91 m I Ln ZZ.- q. AREAS DETERMINED TO BE OUTSIDE 'THE 500--YEAR FLOODPLAIN DEf'ERMINED PER 0.(,4 AT CORNER ­j C 0 MMU N I TY PANEL NO. 1 7097 CO262 F w I TH AN EFFECTIVE DATE OF' 26 5'�- 138�70' ___j 346 63' SEPTEMBER 3, 1997. (SUBJECT TO MAP INTERPRETATION AND SCALING) "o. .54(V_J_k_1,56_://K 3 NO LOTS SHALL HAVE DIRECT ACCESS TO WEILAND ROAD. 7- 4. BE"ARINGS ARE FOR ANGULAR REFERENCE ONLY AND ARE NOT RELATED R U E 0 R, 10' PUBLIC UTILITY EASEMENT-/ (572-09) MAGNETIC NORTH. PER 00C� NO� 2132309 FOUND IROINPIPE'-- 0. 8 S L,07' CORNERS PER DOC� NO. 2132309 0.08 w 5. UPON COMPLETION OF CONSTRUCTION, IRON PIPES WILA B E S ET AT A L BUILDING LINE 5 - AND POINT CHANGES IN AL I GNMENT (IJNL ESS OTHERWISE NOTED) TO BE REPLACED WITH CONCRETE MONUMENT AT CORNER GENERAL NOTES: LOT 1 SCFIWABEN CENTER SITBDIVISION 2 1 �, ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL POINTS THEREOF � PE,R DOC. NO. 2132309 ,ALE MEASUREMENTS. X CUT IN FENCE POST TOOTER AT-- 2. NO DIMENSIONS SHALL BE DERIVEI,") FROM SC SOUTHWEST CORNER OF LOT 5 _\0 SHEET INDEX: OF PRAIRIE VIEW OVERALL. BOUNDARY AND LOT DETAIL F)A6F" f F: CLIENT� PAGE 2 OF 2 - CERTIFICATES MACKIE CONSULTANTS, LLC DESIGNED DAG SHEET GLENBROOK PROPERTIES, LLC FINAL PLAT OF SUBDIVISION 9575 W. HIGGINS RD., SUffE 500, ROSEMONT, IL 60018 DRAWN B G 84T-696_1400 FAX 847­696-1410 20389 WEILAND RD, APPROVED DAG 1 OF 2 ENGINEERS PI-ANNERS SURVEYORS PRAIRIE VIEW, 1L.. 60069 FAIRVIEW ESTATES P�40NE (847) 724-9477 FAK (847) 469-9476 DATE 6-2-05 T�_cj E-6-T N U M B E �LLINO�S 6­08-06 REVISED PER VILLAGE COMMENTS PROFESSlONAL DESIGN FIRM L�CENSE NUMBER 184-002694 BG BUFFALO GROVE, ILLINOIS DESCMPTION OF REVISION By SCALE 1" = 40' @ MACKIE-TdifZTf RECORDING SlIACE FINAL PLAT OF . SUBDIVISION FAIRVIEW ESTATES , BEING A SUBDIVISION OF T11'E WESl' HALF' OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL, MERIDIAN, AND BEING A RESUBDIVISION OF 1,0TS 1, 2, 3 & 4 IN PRAIRIE VIEW ACRES SUBDIVISION, BEING A SUBDIVISION IN THAT PART OF THE SOU'll-lEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST oi;, rHE THIRD PRINCIPAI., MERIDIAN, ACCORDING TO THE Fll,AT THEREOF, RE4CIORDED DECEMBER 9, 1955 AS DOCUMENT NO. 891499, IN I�AKE COUNTY, 11AANOIS SURVEYOR'S CERTIFICATE OWNER'S CERTIFICATE VILLAGE COLLECTOR'S CERTIFICATE sTATE OF ILLINOIS STATE OF ILLINOIS I HEREBY CERTIFY THAT I F IND NO DEFERRED INSTALLMENTS OF ou'rSTANDING SS ) SS UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE PROPERTY DESCRIBED IN THE COUNTY OF COOK COUNTY OF LAKE PLAT HEREON DRAWN. BUFFALO GROVE, COOK AND LAKE COUNTIES, ILL INOIS, DATED THIS --------------------- DAY OF ---------- A.D. WE, MACKIE CONSULTANTSv LLC* AN ILLINOIS PRIOFESSIONAL DESIGN FIRM NO. THIS IS TO CERTIFY THAT ------- is THE 20---. 184--002694, DO HEREBY CERTIFY THAT THE FOLLOWING DESCRIBED PROPERTY WAS OWNER OF THE PROPERTY DESCRIBED ON THE ANNEXED PLAT A+G-P-AS--CA-U--S--ED THE EASEMENT PROVISIONS SURVEYED AND SUBDIVIDED BY MACKIE CONSULTANTS LLC UNDER THE SUPERVISION SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED THEREON, FOR THE USES ------- OF DALE A. GRAY AN ILLINOIS PROFESSIONAL LAND SURVEYOR AND 'THE PLAT AND PURPOSES THEREIN SET FORTH. AND DOES HEREBY ACKNOWLEDGE AND ADOPT JANET M. SIRABIAN VILLAGE COLLECTOR AN EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC HEREON DRAWN IS A CORRECT REPRESENTATION OF SAID SURVEY. ALL DISTANCES THE SAME UNDER THE STYLE AND THIS THEREON INDICATED. AND COMMUNICATIONS SERVICE IS HEREBY GRANTED TO ARE SHOWN IN FEET' AND DECIMALS THEREOF. THE UNDERSIGNED HEREBY DEDICATED FOR PUBLIC USE THE LANDS SHOWN ON THIS COMMONWEALTH EDISON COMPANY PARCEL 1 : PLAT FOR THOROUGHFARES, STREETS, ALLEYS, AND PUBLIC SERVICES, AND HERBY THE NORTH 130.00 FEET OF THE EAST 60 RODS OF THE NORTH 80 RODS OF THE ALSO RESERVES FOR THE VILLAGE OF BUFFALO GROVE. AMERITECH, AND WEST' HALF OF 'rHE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, THE NORTHERN ILLINOIS GAS COMPANY, AND THE COMMONWEALTH EDISON COMPANYW VILLAGE ENGINEER'S CERTIFICATE RANGE 11 EAST OF THE THIRD PRINCIPAL, MERIDIAN. LYING EAST OF THE THE EASEMENT PROVISIONS WHICH ARE STATED ON THEIR STANDARD FORM WHICH IS AMERITECH GRANTEES, CENTERLINE OF THE PUBLIC ROAD. IN LAKE COUNTY. ILLINOIS. ATTACHED HERETO., APPROVED BY THE VILLAGE ENGINEER OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, DATED THIS DAY THEIR RESPEcTIVE SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY, TO PARCEL 2, WE FURTHER CERTIFY THAT 'THE PROPERTY DESCRIBED HEREON IS WITHIN: OF --------------------------- A.D. 1 NSTAL L w OPERATE, MAINTAIN AND REMOVE, FROM TIME TO TIME, FACILITIES LOTS 1 w 2, 3 & 4 IN PRAIRIE VIEW ACRES SUBDIVISION, BEING A SUBDIVISION ELEMENTARY SCHOOL DISTRICT, APTAKISIC-TRIPP CONSOLIDATED DIST'RICT 102 USED IN CONNECTION WITH UNDERGROUND TRANSMISSION AND DISTRIBUTION OF I N TH AT PAR"r OF THE SOUTHEAST QUARTER OF SECTION 33o TOWNSHIP 43 NORTH, HIGH SCHOOL DISTRICT: ADLAI E. STEVENSON DISTRICT 125 ELECTRICITY AND SOUNDS AND SIGNALS IN, UNDER, ACROSS, ALONG, AND UPON RANGE 11 EAST OF THE rHIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS, JUNIOR COLLEGE DISTRICT.- COLLEGE OF LAKE COUNTY THE SURFACE OF LOTS 1 AND 2 EXCEPT THEREFROM THOSE PARTS FALLING ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER go 1955 AS DOCUMENT 'OSIANE WITHIN THE BUILDING FOUNDATIONS. AND THE PROPERTY DESIGNATED ON NUMBER 891499. 0 E H S A.D. 20.0-9. T14E PLAT FOR STREETS AND ALLEYS, -TOGETHER WITH THE RIGHT TO INSTALL TH IS IS ALSO TO CERTIFY THAI' UPON COMPLETION OF' CONSTRUCTION, CONCRETE -------- REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE MONUMENTS. AS SHOWN, AND IRON PIPES AT ALL LOT' CORNERS AND POINT OF --o"04 w- IMPROVEMENTS THEREON. THE RIGHT' TO CUT, TRIM OR REMOVE TREES BUSHES CHANGES IN ALIGNMENT WILL BE SET. AND ROOTS AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN ATTEST: GIVEv AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRuc,riONS WILL NOT' BE PLACED OVER GRANTEES' FACIL ITIES THIS IS ALSO TO CERTIFY THAI' THE PROPERTY, AS DESCRIBED ON THE ANNEXED GLENBROOFPROPERTTH, CORPORATE AUTHORITY CERTIFICATE IN, UPON, OR OVER THE PROPERTY WITHIN THE �! I - PLAT, LIES WITHIN "rHE CORPORATE LIMITS OF THE VILLAGE OF BUFFALO GROVE, 20389 WEII-AND ROAD EASEMENT " wrrHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. ILLINOIS, WHIC14 HAS ADOPTED A COMPREHENSIVE PLAN. PRAIRIE VIEW, ILLINOIS 60069 APPROVED AND ACCEPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE INSTALLATION OF ANY SUCH FACILITIES, THE, GRADE OF THE SUBDIVIDED VILLAGE OF BUFFALO GROVE, COOK ANDLAKE COUNTIES, ILL INOIS, AT A MEETING PROPERTY WILL TO BE ALTERED IN A MANNER SO ASTO INTERFERE WITH THE THIS IS ALSO TO CERTIFY THAT' ACCORDING TO OUR INTERPRETATION OF 'THE HELD THIS DAY OF ----------------v A.D. 20-- PROPER OPERATION AND MAINTENANCE THEREOF. FLOOD INSURANCE RATE MAPS THA,r COVER THE AREA, THE HEREIN DESCRIBED PROPERTY FALLS WITHIN ZONE `*X" AREAS DETERMINED 'ro BE OUTSIDE THE AN EASEMENT is HEREBY RESERVED FOR AND GRANTED TO 500-YEAR FLOODPLAIN DE,rERMINED PER COMMUNITY PANEL NO. 17097 CO262 F ---- NORTHERN ILLINOIS GAS COMPANYo ITS SUCCESSORS AND ASSIGNS, WITH AN EFFECTIVE DATE OF SEPTEMBER 3, 1997. (SUBJECT TO MAP IN ALL PLATED "EASEMENT'" AREAS, STREETS. ALLEYS. OTHER PUBLIC WAYS AND INTERPRETATION AND SCALING) ATTEST: PLACES SHOWN ON THIS PLAT, SAID EASEMENT TO BE FOR THE INSTALLATION, GIVEN UNDY MY HAND AND SEAL. Al ROSEMONT. lLLlNOI5,.--- STATE OF ILLINOIS JANET M. SIRABIAN VILLAGE CLERK MAINTENANCE, RELOCATION, RENEWAL AND REMOVAL OF GAS MAINS AND SS APPURTENANCES FOR THE PURPOSE OF SERVING ALL AREAS SHOWN ON THIS PLAT AS THIS DAY OF- ----- A D. 20,c WELL AS OTHER PROPERTY, WHETHER OR NOT CONTIGUOUS THERETO. NO BUILDINGS COUNTYRF LAKE OR OTHER STRUCTURES WILL BE CONSTRUCTED OR ERECTED IN ANY SUCH "EASEMENT" AREAS. STREETS, ALLEYS, OR OTHER PUBLIC WAYS OR PLACES NOR WILL ANY OTHER I- ----- --------- A NOTARY PUBLIC IN AND FOR A SAIU MACKIE CONSULTANTS,LLC Ty 1�, -w ID STATE, DOES HE E Y USE BE MADE THEREOF' WHICH WILL INTERFERE WITH THE EASEMENTS RESERVED AND PLAN COMMISSID 'S CERTIFICATE GRANTED HEREBY. AND THAT< Ljt4*r# oluk — COUNTY I H ig -------------- OF Ift.1MAND PERSONALLY KNOWN TO ME TO BE THE SAME ED AND��C 6KE A. GRAY )5p S " E PLAN COMMISSION OF THE VILLAGE OF BUFFALO GROVE, COOK AND ILLINOIS REGISTERED LAND-,�$URVEYOR NO. 035-003057 PERSONS WHOSE *�AMARE SUBSCRIBED TO THE AFORESAID INSTRUMENT, APPEARED APP ED B EASEMENTS APPROVED AND AC L I A MEETING HELD -mis DAY AT E 30. 2006 4,�,,dWXN BEFORE ME THIS DAY IN PERSON AND SEVERALLY ACKNOWLEDGED THAT THEY SIGNED ACCEPTED ........ LICENSE EXPIRES: NOVEMB OF DA,rE: AND DELIVERED THE ANNEXED PLAT AS a T- W, AND ------------------------ OF SAID AND CAUSED THE �T 0 -0 TER OTTENHET Ew SEAL OF SAID I BE AFFIXED THERETO. PURSUANT TO AUTHORITY GIVEN BY WFF- A RiWN ACCEPTED: DATE: THE OF -------- PI AT SUBMITTAL CERTIFICATE SAID --------- AS THEIR FREE AND VOLUNTARY ACT, AND AS CaNy- L.TH f� 40 ANY THE FREE AND VOLUNTARY ACT AND DEED OF SAID TTEST: o ------- DATE: FOR THE USES AND PURPOSES THEREIN SET FORTH. ERIC SMITH SECRETARY ACCEPTED: LI COMPANY WE, MACKIE CONSULTANTS L.L.C. ILLINOIS PROFESSIONAL LAND NORTHERN L SURVEYING FIRM NO. 184-002694, HEREBY GRANT PERMISSION GIVEN UN R MY HAND AND NOTARIAL SEAL THIS DAY OF -64-MEM------o TO THE CLERKS OFFICE OF 'THE VILLAGE OF BUFFAL.0 GROVE I'D A.D. a. f. _ W� *A RECORD THIS PLAT OF SUBDIVISION AND PROVIDE THIS SURVEYOR ---- --jj------ A RECORDED COPY OF SAME. NOTARY PUBLIC COUNTY CLERK'S CERTIFICATE ELECTRIC SOUNDS & SIGNALS EASEMENTS STATE OF ILLINOIS AN EASEMENT FOR SERVING 'THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC DATED THIS DAY OF ) SS SOUNDS AND SIGNALS AND COMMUNICATIONS SERVICE IS HEREBY RESERVED FOR AND AD 20&z�f- COUNTY OF LAKE GRANTED TO MACKIE CONSULTAN,rS LLC COUNTY CLERK OF COUNI Y. VILJLAGE OF BUFFALO GROVE ILLINOIS, DO HEREBY CERTIFY THAT I FIND NO DELINQUENT GENERAL TAXES, NO ITS SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE, MAINTAIN AND REMOVE, ------ UNPAID CURRENT GENERAL TAXES, NO UNPAID SPECIAL TAXES, NO UNPAID FROM 'TIME TO TIME, FACILITIES USED IN CONNECTION WITH UNDERGROUND GRAY FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANYOF THE LAND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, SOUNDS AND SIGNALS, DALE A INCLUDED INTHE ANNEXED PLAT. I DO FURTHER CERTIFY THATI HAVE RECEIVED INCLUDING BUT NOT LIMITED TO, TELEVISION, DATA AND RADIO SIGNALS AN ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 035-,003057 ALL STATUTORY FEES IN CONNECTION WITH THE ANNEXED PLAT. COMMUNICATIONS IN, UNDERw ACROSS, ALONG AND UPON THE SURFACE OF LOTS I AND 2 EXCEPT THEREFROM 'THOSE PARTS FALLING WITHIN THE BUILDING LICENSE EXPIRES: NOVEMP'ER 30, 2006 GIVEN UNDER MY 14AND AND SEAL, OF THE COUNTY OF' FOUNDATIONS, AND THE PROPERTY DESIGNATED ON TiJE PLAT FOR STREETS AND TH IS ------------- DAY OF ---- A.D. ALLEYS, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON. THE RIGHT' TO CUT. TRIM OR REMOVE TREES. BUSHES AND ROOTS AS MAY BE REASONABLY -------------------------------------------- REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVE, AND THE , RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR- ALL SUC)4.,PURPOSES. OBSTRUCTIONS SHALL COUNTY CLERK NOT BE PLACED WITHIN THE EASEMEN'r WITHOUT THE ' INSTALLA,riON OF PRIOR WRITTEN CONSENT OF GRANTEES. AFTER ANY SUCH -IALL NOT BE ALTERED IN FACILuIES. THE GRADE OF THE SUBDIVIDED PROPER"ry Si vi A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. 0 STATE OF ILLIONIS SS COUNTY OFLAKE GENERAL VILLAGE EASEMENT PROVISIONS THIS PLAT IS HEREBY APPROVED 'THIS DAY OF A.D. .20-,.-- BY THE COUNTY ENGINEER OF LAKE COUNTY PURSUANT TO CHAPTER 765. AN EASEMENT FOR PURPOSES INCLUDING. BuT NOT LIMITED 'ro, WATER SUPPLY AND ACT 205, SECTION2 OF THE ILLINOIS COMPILEDSTATUTES. AS AMENDED, Dis,rRIBUTION. SEWERAGE, STORM SEWER AND DRAINAGE, AND STREET LIGHTING, IS AS TO ROADWAY ACCESS TO COUNTY HIGHWAY W17 ALSO KNOWN AS WEILAND ROAD. HEREBY RESERVED FOR AND GRANTEDTO DIRECT' ACCESS EITHER TO OR FROM COUNTY HIGHWAY Wl 7 SHALL BE RESTRICTED AS SHOWN ON THIS PLAT AND SHALL BE SUBJECT 'TO THE LAKE COUNTY HIGHWAY VILLAGE OF BUFFALO GROVE, ACCESS REGULATION ORDINANCE WHICH REQUIRES, IN PART, THAT APPLICATION BE MADE AND AS ACCESS PERMIT BE OBTAINEDFROM THE COUNTYENGINEER OF LAKE ITS SUCCESSORS AND ASSIGNS 'ro INSTALL, OPERATE, MAINTAIN, AND REMOVE, COUNTY PRIOR 'TO ACCESS INSTALLATION. FROM TIME TO rIME. FACILITIES USED FOR PURPOSES INCLUDING. BUT NOT LIMITED TO. WATER SUPPLY AND DISTRIBUTION. SEWERAGE, STORM SEWER AND DRAINAGE, AND STREET LIGHTING IN. UNDER. ACROSS. ALONG AND UPON THE ------- SURFACE OF Lurs 1 AND 2 EXCEPT THEREFROM THOSE PARTS FALLING WITHIN 'THE COUNTY ENGINEER BUILDING FOUNDATIONS, ALSO GRANTED HEREWITH IS THE RIGHT TO Go, "rRIM OR REMOVE TREES. BUSHES AND ROOTS AS MAY BE REASONABLE REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT "m ENTER UPON 'THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEE'S FACILITIES OR IN, UPON OR OVER THE PROPERTY WITHIN THE EASEMENTS WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES. THE GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. PUBLIC ACCESS EASEMENT A PERMANENT EASEMEN'r SHOWN BY DASHED LINES ON THE PLAT AND LABEL-ED "PUBLIC ACCESS EASEMENT" IS HEREBY GRANTED FORTHE PURPOSE OF PEDESTRIAN AND BICYCLE ACCESS 'TO, FROM AND OVER LOT 2 TN 'THTS SUBDIVISION FOR THE USE AND BENEFi,r OF THE PUBLIC, OWNERS AND 'XCUPANI�S, SHEET INDEX: F-Z-E—1 --OF—2 - OV"E-R-A-L,L--,B-O--U,-"N"D-,A,-R"-Y-,-A-,"N*",-D"--I..,-,O-"T-,,-,D-E-,-T"A-"I-L., PAGE 2 OF 2 - CERTIFICATES C[JENT� DE&GNED DAG SHEET' MACKIE CONSULTANTS, LLC GLENBROOK PROPERTIES, LLC DRAWN BG FINAL PLAT OF SUBDIVISION 9575 W, H�GGINS RD,, SLATE 500, R0SEM0N-FjL 600-18 OF 20389 WEll-AND RD, APPROVED DAG 2 2 847-696-1400 FAX 847--696-1410 PRA�R�E VIEWIL 60069 FAIRVIEW ESTATES ENGINEERS PLANNERS S�JRVEYORS ...... DATE 6-2-05 -F�65C-R,`r N'UMBER'l] 13 PHONE. (847) 724-9477 FAX: (847) 459-94,76 '1366/S/P/F/PL'r-SUB2,PL'r 6-08-05 REVISED PER VILLAGE COMMENTS BG BUFFALO GROVE, ILLINOIS IS PROFESSIONAL. DESIGN F�RM LICENSE NUMBER 184-002694 DESCRIPTION OF REVISION —B y7- S(,-A L E N/A ll!@ MACKIE CONSULTANTS,L.L.C,2005 5816773 I IIIIIII IIIII lfllfl If IIIIII Ilf II IIIII Illf Ills 5/2/2005 FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTYs IL RECORDF-R 07/14/2005 - 11:34:46 A.M. RECEIPT 0: 233776 DRAWER 29 ORDINANCE NO. 2005 - 24 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR Glenbrook Properties Fairview Estates East side of Weiland Road south of Pauline Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buf fa to Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing concerning said Annexation Agreement and zoning have been given and the public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. 2 AYES: 6—Braiman,Glov&,Berman,Kahn,Trilling,Rubin NAYES: 0—None ABSENT: 0—None PASSED: May 2,2005 APPROVED: May 2,2005 ATTEST: APPROVED: Vitide Clerk ELLIOTT HARTSTEIN,Village President This document was prepared by. Robert E.Pfeil,Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,lL 60089 5nnoo5 ANNEXATION AGREEMENT Glenbrook Properties Fairview Estates East side of Weiland Road south of Pauline Avenue Table of Contents Page 1. Applicable Law. ..............................................................................................3 2. Agneg=: Compliance and Validitv. ...........................................................3 3. EnaccUyi mt of Annexation Ordinance...............................................................3 4. Enactment of Zoning Ordinance. ....................................................................3 5. Approval of Plans. ..........................................................................................4 6. Compliance with Applicable Ordinances. ......................................................4 7. Amendment of Plan. ........................................................................................5 8. Building Permit Fees. .....................................................................................5 9. Water Provision. .............................................................................................6 10. Storm and Sanitary Sewer Provisions. ...........................................................6 11. DaiMa Provision. ........................................................................................7 12. Security for Public and Private Site Improvements. .......................................7 13. Right of Way Dedication.................................................................................8 14. Exbibits............................................................................................................8 15. Annexation Fee. ............................................................................................10 16. BuildiM I.andscajW and Aesthetics Plans.................................................10 17. Declaration of Covenants Conditions and Restrictions................................11 18. Project Models...............................................................................................12 19. Park District Donations ...............................................................................12 20. School District Donations..............................................................................12 21. LLbM District Donations.............................................................................12 22. Conditions corgerning Park. School and Library Donations......................... 12 23. Facilitation of Development..........................................................................13 24. Enforceability of the Attreement....................................................................13 25. Term of greement........................................................................................13 26. Corporate Capacities...................................................................................... 14 27. Notices...........................................................................................................14 28. Default............................................................................................................ 14 29. Li ' on........................................................................................................15 30. Special Conditions.........................................................................................16 ' 5/2/2005 ANNEXATION AGREEMENT Fairview Estates/Glenbrook Properties East side of Weiland Road south of Pauline Avenue This agreement(hereinafter referred to as the "Agreement")made and entered into this 2"d day of May,2005,by and between the VILLAGE OF BUFFALO GROVE(hereinafter referred to as "Village")by and through the President and Board of Trustees of the Village(hereinafter collectively referred to as the"Corporate Authorities")and Glenbrook Properties,LLC(hereinafter refen-ed to as "Owner")and Glenbrook Properties,LLC (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property(hereinafter referred to as the "Property")comprising 7.07 acres legally described and identified in the Legal Description,attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the Property, is attached hereto as Exhibit B, which depicts a total area of 7.845 acres to be annexed; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-5 District with a Residential Planned Unit Development of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan 2 prepared by Groundwork, Ltd. and dated as last revised January 24, 2005, and also a certain Preliminary Engineering Plan prepared by Groundwork, Ltd. and dated as last revised January 24, 2005, (hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as Exhibits D, E and E-1 and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of 26 single-family detached dwelling units. WHEREAS, pursuant to the provisions of Section 5111-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS,pursuant to due notice and advertisement,the Plan Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the R-5 District with a Residential Planned Unit Development and variations of the Village Development Ordinance and Zoning Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth,the parties hereto agree as follows: 3 1. A Mlicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.)and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement:Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein,to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety,together with the aforesaid petition for annexation, shall be null,void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-5 District with a Residential Planned Unit Development,all as contemplated in this Agreement. Except as set forth in Paragraph 28.a)hereof,no portion of the premises shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities,within twenty-one (21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance")annexing the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as Exhibit B). 4. Enactment of Zoning Ordinance. Within twenty-one (21)days after the passage of the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in 4 the R-5 District with a Residential Planned Unit Development subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan(Exhibits D,E and E-1)and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (Exhibits D,E and E-1)pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including a plat of subdivision)based on final versions of the plans and drawings of the development of the Property as submitted by the Owner or Developer provided that the Development Plan shall: a) conform to the approved Preliminary Plan, and b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and c) conform to the approved Development Improvement Agreement as amended from time to time. 6. Compliance with Applicable Ordinances. The Owner and Developer agree to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property,provided that all new ordinances,amendments,rules and regulations relating to zoning,building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time.Notwithstanding the foregoing,the Village shall not apply new S ordinances or regulations to the Propertyto the extent that the ordinances or regulations word prevent development of the Preliminary1 approved herein. 7. Amendment of Plan. If the Developer desires to make changes to to the PreliminaryPlan,as herein approved,the parties agree that such changes to the Preliminary Plan will require, if the Village determines,the submission of amended plats or plans,together with proper supporting documentation,to the Plan Commission or the Corporate Authorities to consider such changes to the PreliminaryPlan. The Corporate Authorities may, in their sole discretion,require additional public hearings and may review the commitments of record contained in this Agreement,including,but not limited to fees,prig to final consideration of any change to the Preliminary 1 Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided at no such changes: a) involves a reduction of the area set aside for common open space b) increases by more than two percent(2%)the total ground area covered by buildings eldin Permit Fees., The building permit fees may be increased time to time so long as said it fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner or Developer and the Village on y engineering and technical atters subject to this Agreement, e Village reserves the right to pass along any and all additional expenses incurred by the use of consultants . e review and inspection of the development from time to time. Owner or Developer shall pay any non- discriminatory inato new or additional fees hereinafter charged by the Village to owners and developersof P 6 properties within the Village. 9. Water Provision. The Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on Exhibit E-1 are hereby approved by the Village. It is understood,however,that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Developer further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on,the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Developer and, except for service connections to the buildings shall,upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities,be dedicated to the Village and become a part of the Village water system maintained by the Village. 10. Storm and Sanitary Sewer Provisions. a) The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Developer shall construct on-site and off-site sanitary i 7 sewers as may be necessary to service the Property,in accordance with Exhibit E-1. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees,provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. b) The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with Exhibit E-1. It is understood, however,that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities,the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves multiple properties.The Developer agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated. 11. Drainaae Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots,to preserve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the 8 Development Improvement Agreement (Exhibit C) as amended from time to time. The letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit,either by its own terms or by separate written assurances of the issuer,shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 13. Rigbt of Way Dedication. The Owner and Developer acknowledge that it is the intention of the Village and other involved agencies that at some time in the future Weiland Road and Pauline Avenue will be widened, including intersection improvements. At the request of the Village,but no later than upon approval of the first plat of subdivision of any portion of the Property, Owner agrees to dedicate additional right-of-way along Weiland Road to provide a right-of-way of 65 feet from the center line, along Pauline Avenue to provide a right-of-way of 40 feet from the centerline and the appropriate right-of-way radius at the intersection of Weiland Road and Pauline Avenue. 14. Exhibits. The following Exhibits, some of which were presented in testimony given by the Owner and Developer or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein,made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated May 2, 2005 9 EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan dated January 24, 2005 by Groundwork, Ltd EXHIBIT E,E-1 Preliminary Engineering Plan dated January 24, 2005 (Preliminary Site Grading Plan and Preliminary Civil Engineering Plan) by Groundwork, Ltd EXHIBIT F Tree Survey Inventory dated December 6, 2004 by Pugsley & LaHaie,Ltd. EXHIBIT G Tree Survey dated January 21, 2005 by Christopher B. Burke Engineering, Ltd. EXHIBIT H Preliminary Landscape Plan (Sheets 1 and 2) dated as last revised January 31, 2005 by Pugsley&LaHaie Ltd. EXHIBIT I Fence Depiction and Preliminary Elevation(2 sheets)dated January 24, 2005 by Groundwork,Ltd. EXHIBIT J Site and Zoning Information sheet dated January 24, 2005 by Groundwork,Ltd. EXHIBIT K Traffic Analysis dated November 9, 2004 and update letter dated January 31,2005 by Kenig, Lindgren, O'Hara,Aboona, Inc. EXBHIBIT L Building Elevations(blackline drawings,8 sheets, l 1x17-inch)dated as last revised February 23, 2005 by Groundwork, Ltd. EXHIBIT M Building Elevations—Color Palettes 1 through 6 dated January 24, 2005 (6 sheets, 8 %Z by I 1-inch)by Groundwork,Ltd. 10 EXHIBIT N Building Floor Plans—Villa A,B,C and C-2(4 sheets, 11 x 17-inch) dated January 24,2005 by Groundwork, Ltd. EXHIBIT O Preliminary Exterior Building Materials List - Color Palettes 1 through 6 dated January 24, 2005 (6 sheets, 8 1/2 x 11-inch) by Groundwork, Ltd. EXHIBIT P Intersection Design Study dated April 5, 2005 by KLOA, Inc. concerning improvements to Weiland Road and Pauline Avenue EXHIBIT Q Gazebo design(2 sheets)dated March 9 and 17, 2005 EXHIBIT R Scope of cost sharing items concerning improvements to Weiland Road and Pauline Avenue 15. Annexation Fee. Developer agrees to pay an annexation fee of$700.00 per dwelling unit,which fee shall be payable pro rate at issuance of building permits. This fee,however,shall be paid in full prior to the expiration of this Agreement. 16. Building Landscaningand Aesthetics Plans. Developer will submit final plans concerning building appearance and landscaping at the time of application for the first building permit for the Property. Portions of the Property not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. Prior to approval of the first plat of subdivision for the Property,the Developer shall submit three new exterior building elevations,floor plans and building materials list in addition to the six elevations, floor plans and materials depicted in Exhibits L, M, N and O this Agreement. All elevations,floor plans and building materials,including the three additional building elevations and plans and the building elevations and plans depicted in Exhibits L, M,N and 0 of this Agreement 11 are subject to review and approval by the Village. 17. Declaration of Covenants,Conditions and Restrictions. The Property shall be subject to a declaration of covenants,conditions and restrictions("Declaration")which shall include but not by way of limitation a provision whereby the Village shall have the right,but not the obligation,to enforce covenants or obligations of the Owner,Developer or association and/or owners of the units of the Property as defined and provided with the Declaration,and further shall have the right,upon thirty(30)days prior written notice specifying the nature of a default,to enter upon the Property and cure such default,or cause the same to be cured at the cost and expense of the Owner,Developer or association of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment of such costs and expenses,including reasonable attorneys'fees in enforcing such obligations. The Declaration shall include,but not by way of limitation,covenants and obligations to own and maintain the stormwater retention pond and drainage system,the gazebo,the recreation area and the bikepaths located on the Property as depicted on Exhibits D,E and E-1. The Declaration shall also include the obligation that the association shall provide snow removal for private driveways and public sidewalks and shall store excess snow in appropriate off-street locations,and shall not in any way impede the Village's snow removal operations on public streets. Any request for a deck in excess of twenty percent(20%)of the rear yard area must receive approval by the Association before any application to the Village. The Declaration shall also provide that the Property shall be used and developed in accordance with Village ordinances,codes and regulations applicable thereto,including ordinance(s) enacted pursuant to this Agreement. The Declaration shall be submitted to the Village for review 0 12 and approval,and shall further provide that the provisions relative to the foregoing requirements may not be amended without the prior approval of the Village. 18. Project Models. The Village agrees to permit the Developer to construct and maintain one model area on the Property,consisting of a maximum of one building,with suitable off-street parking areas, all subject to Village approval. Such construction shall be in compliance with the provisions of the Village's Building Code in effect at the time of building permit issuance. The Developer may use models only for marketing the Property. Such use shall be discontinued when development of the Property as approved herein has been completed. 19. Park District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer agrees to make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 20. School District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees to make cash contributions to the Village for conveyance to School Districts 102 and 125 according to the criteria of said Title. 21. UIM District Donations.Developer agree to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 22. Conditions Concerning Parks School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens,lofts,studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park,school and library donations,if,in the judgement of the Village,said rooms can be used as bedrooms. It is understood and agreed that 13 the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 23. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Owner and Developer do hereby evidence their intention to fully comply with all Village requirements, their willingness to discuss any matters of mutual interest that may arise, and their willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 24. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement,is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 25. Term of Agreement. This Agreement is binding upon the Property,the parties hereto and their respective grantees,successors and assigns for a term of twenty(20)years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the owners of other portions of the Y 14 Property. 26. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 27. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Terry Barnett Glenbrook Properties, LLC 20389 N. Weiland Road Prairie View, IL 60069 Copy to: Mr. George Maurides, Esq. George Maurides&Assoc. 2 North La Salle Street, Suite 1800 Chicago,IL 60602 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa,Esq. Raysa&Zimmermann,LLC 22 S. Washington Ave Park Ridge,IL 60068 28. Default. a) In the event Owner or Developer default in performance of their obligations set forth in this Agreement,then the Village may,upon notice to Owner or Developer,allow Owner 15 or Developer sixty(60)days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner or Developer fail to cure such default or provide such evidence as provided above, then, with notice to Owner or Developer,the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have not been completed or at the option of the Village,to rezone such Property to the Residential Estate District. In such event,this Agreement shall be considered to be the petition of the Owner or Developer to disconnect such portion of the Property, or at the option of the Village,to rezone such Property to the Residential Estate District b) In addition to sub-paragraph a)hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the Village will look solely to the Developer or approved assignee for such performance,except that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Glenbrook Properties,LLC.In that case,the Owner or the new designee shall be subject to the liabilities,commitments and obligations of this Agreement. In the event the Developer defaults in its obligations created under this Agreement,the Village may enforce such obligations against the Property Owner. 29. Liti tga ion. a) The Owner and Developer,at their cost,shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner and Developer shall cooperate with the Village in said litigation but Owner/Developer's counsel will r r f 16 have principal responsibility for such litigation. b) The Owner and Developer shall reimburse the Village for reasonable attorneys'fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation,zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the then current Owner or then current Developer. c) Owner and Developer hereby indemnify and hold the Village harmless from any actions or causes of action which may arise as a result of development activities for which the Owner or Developer is responsible. 30. dial Conditions. a) Variations — The following variations are hereby granted as depicted on Exhibits D,E and E-1. (1) Zoning Ordinance (a) Section 17.28.050.E.4.b. — To allow a perimeter boundary setback of 25 feet instead of 35 feet for buildings#1, #12 and#26. (b) Section 17.40.020.B.—To allow a corner side yard of 12 feet instead of 25 feet for buildings#19 and#21. (2) Development Ordinance (a) Section 16.50.040.C.4. — Concerning the design of the stormwater retention facility(pond): to allow a side slope of greater than 5:1 to create terracing, and to waive the requirement for a 12- foot wide flat area 18 inches above the high-water line around the perimeter of the pond and to allow a minimum pond depth of less than 15 feet; (b) Section 16.50.070.D.2 —To allow a cul-de-sac right-of-way radius of 55 feet instead of 60 feet; ` I 17 (c) Section 16.50.1201 Le—To allow parkway trees to be located in front yard areas instead of the parkway adjacent to the cul-de-sac. b) Tree protection and landscaping—Developer shall obtain approval of the Village Forester prior to any site grading or removal or relocation of trees on the Property.A final landscaping plan shall be submitted for review and approval by the Village Forester prior to application for a building permit.The Developer shall pay cash pursuant to Section 16.50.120.C.6 of the Village Development Ordinance for the value of trees that are removed and not replanted on the Property. The Village shall designate, in its sole discretion, the trees that are subject to said cash payment and the amount of said payment to be paid by the Developer. c) Well and septic facilities—All water wells and septic sewer facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be completed on a schedule as directed by the Village. d) Removal of buildings—All buildings,structures,vehicles and other materials on the Property shall be removed prior to any development,except that the Owner/Developer shall be allowed to continue to occupy and use the building(labeled as"metal industrial steel frame"on the plat of survey dated October 21,2004)on the east half of Lot 4, known as 20389 N. Weiland Road for a period of ninety(90)days from the date of recording of the first plat of subdivision for any portion of the Property.Notwithstanding the foregoing,if the Village determines,in the period prior to development, that structures or other objects need to be removed from the Property to prevent health or nuisance problems,Developer shall comply pursuant to the Village's direction. 18 e) Environmental assurances—Developer shall provide documentation, in a form acceptable to the Village,concerning compliance with state and federal regulations pertaining to environmental assessment and site remediation prior to approval of a plat of subdivision by the Village for any portion of the Property. f) Construction access—Access to the Property for construction vehicles, (including construction workers' personal vehicles),delivery vehicles and materialmen vehicles ("construction traffic"), shall be via Weiland Road. Said construction access on Weiland Road shall be located on Lot 4 (southern most parcel) of the Property and in compliance with Lake County Division of Transportation access permit requirements.Developer shall install signs as directed by the Village to regulate construction traffic. The Developer shall be allowed to use the segment of Pauline Avenue west of the proposed residential street to be constructed on the Property for construction traffic after Pauline Avenue is widened to a two-way section as required by this Agreement.Developer shall inform all contractors and materialmen involved in development of the Property that construction traffic and equipment is not allowed to use Pauline Avenue east of the proposed residential street for access to the Property. The Developer shall ensure that construction traffic and equipment and the personal vehicles of workers involved in the development of the Property are not parked on adjacent properties or any residential streets adjacent to the Property. g) Real estate transfer tax—It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. The Property shall be considered to be in the Village upon passage of the annexation ordinance by the Corporate Authorities. 19 h) Addresses—It is understood and agreed that upon annexation the Village will issue new street address(es) for building(s) on the Property to ensure proper identification for provision of services,and Owner and Developer shall use said Village address(es)in place of current address(es)assigned by Lake County. Owner or Developer is also required to contact the Buffalo Grove Post Office and submit a change of address(es)requesting use of the address(es)as assigned by the Village. i) Fire District Reimbursement—Owner shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made or to be made by the Village to the Long Grove Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by the Owner within sixty(60)days of the date of this Agreement. j) Security Interest Affecting Title—Owner represents and warrants that the only mortgagee,lien holder or holder of any security interestaaffecting title to the Property or any part thereof is First Midwest Bank. First Midwest Bank by its written approval of this Agreement acknowledges that this Agreement is superior to its security interest in the Property. k) Road improvements_The Developer shall be responsible for constructing the roadway and traffic signal improvements to the Weiland Road and Pauline Avenue intersection as shown in the Intersection Design Study ("IDS"), as approved by the Lake County Division of Transportation and attached hereto and made a part hereof as Exhibit P. In as much as the improvements to Weiland Road and Pauline Avenue include a public benefit, the Village shall share 50 percent of said costs with the Developer, up to a maximum payment of$208,000.00 by the Village.Allowable costs(as set forth in Exhibit R attached hereto)(,,-) ; !1 20 shall include: the Intersection Design Study (IDS); design engineering up to eight (8) percent of intersection costs; construction engineering up to twelve (12) percent of intersection costs; and physical intersection construction. The Village Engineer shall monitor and observe subcontractor bidding for all work concerning the Weiland Road/Pauline Avenue intersection improvements (excluding minimum Development Ordinance requirements) and shall make a determination of fair and competitive pricing. All fair and competitive costs shall be approved by the Village Engineer. The Village's share of said roadway improvement costs shall be provided as credits to the Developer at the time of issuance of building permits,up to a maximum of$208,000.00. Eligible fees subject to credits shall include: Building permit fees,water tap-on fees,sewer tap-on fees,water system capital improvement fees,and a portion of the engineering review and inspection fee. 1) Sims—Any signs proposed for the Property are subject to the provisions of the Village Sign Code and are not approved by this Agreement. m) Fencin —No fencing is allowed on the Property other than the perimeter fencing depicted on Exhibits D, H and I. Privacy screening for patios and decks shall be allowed pursuant to the Village Fence Code. n) Bikenath access easement—Owner shall provide a public access easement on the final plat of subdivision for the bikepaths depicted on Exhibit D. ,r' 21 IN WITNESS WHEREOF,the Corporate Authorities,Owner and Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE By �l ELL16TTRARTgAIN, Village President ATTEST: By C,,�` NX. &Lu r,�, LAGE CLERK OWNER: Glenb tperties,,LLC y �. DEVELOPER: Glen parties,LL FIRST MIDWEST BANK BY . This document prepared by: Robert E.Pfeil,Village Planner&William G.Raysa,Village Attorney 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A Glenbrook Properties/Fairview Estates East side of Weiland Road south of Pauline Avenue Parcel 1: The north 130.0 feet of the east 60 rods of the north 80 rods of the west half of the southeast quarter of Section 33, Township 43, North, Range 11 East of the Third Principal Meridian, lying east of the centerline of the public road, in Lake County, Illinois; and Parcel 2: Lots 1, 2, 3, & 4 in Prairie View Acres Subdivision, being a subdivision in that part of the southeast quarter of Section 33, Township 43 North, Range 11 east of the Third Principal Meridian in Lake County, Illinois according to the plat thereof recorded December 9, 1955 as Document Number 891499 in Book 1405 of Records, Page 196 in Lake County, Illinois. PIN 15-33-400-001 PIN 15-33-402-018 PIN 15-33-402-019 PIN 15-33-402-020 PIN 15-33-402-021 f t VHIAGE OF BUFFALO GROVE Fifty Raupp Blvd. Buffalo Grove,160089-2100 Phone 847-459-2500 Fax 847-459-0332 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) 1, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting Village Clerk of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is the original copy of documents in my custody. Attachments of Exhibits C-Q are not included with this document. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at the Village, in the County and State aforesaid, this 14th day of July , 2005. r Village Clerk By * NM2 puty Village Clerk l LOCATION MAP -- FAIRVIEW ESTATES A N SEC Weiland Road & Pauline Avenue ° R Site ,°° � 300 H ,� Pism M#*VfNepe of Buffalo Grove—DNi W of Pier Wng Services,10/13104 POPE PAULINE R.O.W. Dedication LF -- —. i j i t- -- --- Prichett School ri .._......„gym.. ,� m , PREUMINARY .. iwru�uwv... ......... ........ FAIRVIEW ESTATES nn^ .. .�..�� (26 VILLA UNITS 6 _Wt P�7 EXISTING ROW PAIJUNE AVENUE "__.......m__....�....._....,,_ ._,... IPF.N wIC3TION SPGNI TO :� m IJr_L."�V' r°•IwI�J N .o� aB 2a _ 9 �1 I r � r i ........... r r. o. 7 T a o o � , w u r r a yew - Q ^+� B � ommm QclI i L2—L 62' ' D RETENTION No o j' ti 1 , II , P F � I,1 -j 7 r .a ,_ �N M v � r yy J r J I , 7 { 1 ,µr r Ydr, �✓� 0 4 n rt ». 22'1 i w IL � , r d, , r rs �� a *m 2 n I _ C I CLE 0 r r m , m. py 0 , a r � ryy i , y r n µ o , j /i Bu o' r p , s, t r I o � , , u N RECOVED w E FEB 2 4 Z00� PLANNING SERVICE'° i wM :drJ rdd P'a� Wi:a°7'�¢'j• >�.."( _ �d 9 FAIRVIEW A`` V ESTATES �,. ........................... .. ._..w.___m GR LLI4VC �� OP�NGLE O�OD� �� YES, 1.1 20339 WE[LmC; RQA0 (26 VILLAS) PRARV-7 VIEW, ILLINOIS 60069 _.... � . PRESENTED TO VILLAGE BOARD Date" �� � � ��:� r� �� t � January 24,2005 1/01 Aetie� y n.AIRW ESTATES RE EIVED GW#K133 rE Proposed Single Family Villa Devi ? ��� �ygF mmL��E ®fir 9 tt� 'L �+ 2005 Weiland Road, South of Pauliine � � 007 Date. s � - 91NG SERVICES Buffalo Grove, Illinois �uM� ' � � ��� � _0rdinan0e # �I' lt.� �—L. 5j,T:E�I� N� �R9 .T..I x h i b i t _ _ . o _.._w� --m_. � x�.tt,r _ �� �ratd Lake County ZONING: �''�iik,y Villa Condo's R5 PUD 1" SITE AREA: Gross: 308,200 SF 7.08 Acres USES: Existing: Residential/Home Business Mixed Use Proposed: Villa Condominiums Residential DENSITY: Proposed: 26 Units 3.65 Units/Acre DING HEIGHT: Allowable: 2-1/2 Stories 35' Proposed„ 2 Stories 35' Max iI DING COVERAGE: Allowable: 108,000 SF 35% Proposed: 56,000 SF 18% SEPARATIONS: (PUD) Perimeter Setback Required: 35' Proposed: 35' (min.) 25' @ #1,12,26* Front Yard: Required: 25' Proposed: 26 (min.) Corner Side Yard Required: 25' Proposed: 12'@#19,21* Rear to Side Minimum: 40' Proposed: 40' (min.) Side to Side Proposed:osed: 14' (min.) PARKING: Required: 2.0/unit 52 spaces Proposed: Garage 2.0/unit 52 Available: Street(approx.) 1a Total Available&Proposed 71 spaces (excludes potential 52 spaces in driveways- 123 total) * Denotes potential variation request. I GROUNDWORK, LTD. ARCHITECT5/PLANNER5/ENGINEERS „ A 351 WES T DUNDEE ROAD SUITE ; SUFFAn_0'GROVE,ILLINOIS 60089GR 847541.4151 FAX 847.541.4066 gworkltd@aol.com •www.grounciworkitd.com 5/2/2005 ORDINANCE NO. 2005-25 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS Glenbrook Properties Fairiview Estates East side of Weiland Road south of Pauline Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, a written petition signed by all of the owners of record of the land in the territory hereinafter described,requesting the annexation of such territory to the Village of Buffalo Grove, has been filed with the Village Clerk of the Village of Buffalo Grove; and, WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the Village of Buffalo Grove; and, WHEREAS, notice of the proposed annexation of such territory has been given to the appropriate authorities; and, WHEREAS, it is in the best interests of the Village of Buffalo Grove that such territory be annexed to the Village of Buffalo Grove. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. That the real property legally described in Exhibit A attached hereto be and hereby is annexed to the Village of Buffalo Grove. A true and correct map of said real property is attached hereto and made a part hereof as Exhibit B. 2 Section 2. The Village Clerk of the Village of Buffalo Grove is hereby directed to cause to be filed in the Office of the Recorder of Deeds of Lake County a copy of this Ordinance with an accurate map of the territory annexed. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6-Braiman, Glover,Berman, Kahn, Trilling,Rubin NAYES: 0—None ABSENT: 0-None PASSED: May 2, 2005 APPROVED: May 2, 2005 ATTEST: APPROVED: Vil age Clerk ELLIOTT HARTSTEIN, Village President This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 5/2/2005 ORDINANCE NO. 2005—26 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE,ILLINOIS Glenbrook Properties Fairview Estates East side of Weiland Road south of Pauline Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,the property legally described in Exhibit A hereto was annexed to the Village of Buffalo Grove by Ordinance No.2005-25 pursuant to a written Annexation Agreement dated May 2, 2005 and approved by the Village by Ordinance No. 2005 - 24; and, WHEREAS,notice of public hearing for zoning and annexation has been given and a public hearing was held. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Comprehensive Zoning Ordinance of the Village of Buffalo Grove,Cook and Lake Counties,Illinois as amended is hereby further amended by classifying the property described in Exhibit A hereto in the R-5 One-Family Dwelling District with a residential Planned Unit Development. Section 2. Development and use of the property shall be in compliance with the Annexation Agreement dated May 2, 2005 approved pursuant to Ordinance No. 2005-25. 2 Section 3. This Ordinance shall be in full force and effect on and after its passage and approval according to law. This Ordinance shall not be codified. AYES: 6—Braiman, Glover, Berman,Kahn, Trilling,Rubin NAYES: 0—None ABSENT: 0—None PASSED: May 2, 2005 APPROVED: May 2, 2005 ATTEST: APPROVED: 1 , l_ZJLJ �?� !9� Vill Jerk ELLIOTT HARTSTEIN,Village President 5955019 . !!ffli!!liifl!!!f!f!I IL1111 if!!!fflff!!I{illl O FILED FOR RECORD BY: 1 NARY ELLEN VANDERVENTER 1 �--- LAKE COUNTY: IL RECORDER f D6c-t-T, " "cS 03/01/2006 - 02:31:12 P.M. RECEIPT #: 272986 �-,,0� G S FP S RHBP x10=00 �� v DRAWER t 29 I 9,9� FAIRVIEW ESTATES OF BUFFALO GROVE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made and entered into on the date hereinafter set forth by FIDELITY WES OF FAIRVIEW ESTATES, INC., an Illinois Corporation, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner and legal title holder of certain real estate in the Village of Buffalo Grove, County of Lake and State of Illinois,which real estate is legally described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, FIDELITY WES OF FAIRVIEW ESTATES, INC., an Illinois corporation (the "Developer"), presently intends to construct a development containing twenty-six(26)Single Family Units, as hereinafter defined,together with certain common areas which will require uniformity and continuing care and maintenance for the privacy, benefit and enjoyment of all persons owning and residing in the Single Family Units (the "Development"); and WHEREAS,the Village of Buffalo Grove has enacted Village Ordinance No.2005-26 dated May 2, 2005(the"Ordinance")approving a Residential Planned Unit Development on the Property, as hereinafter defined; and WHEREAS, an Annexation Agreement was approved by the Village of Buffalo Grove by Ordinance No. 2005-24; and 1 �c WHEREAS,the Declarant and the Developer desire and intend to construct and operate the Development in full compliance with the provisions and conditions of said ordinance approving the Residential Planned Unit Development; and WHEREAS, the Developer has deemed it desirable for the efficient preservation of the values and amenities of the proposed development to create an agency to which shall be delegated and assigned the powers of maintaining and administering the Common Area, as hereinafter defined, and administering and enforcing the covenants and restrictions hereinafter contained and created; and WHEREAS, there has been incorporated under the laws of the State of Illinois, as a not-for-profit corporation, Fairview Estates of Buffalo Grove Homeowners' Association, for the purpose of exercising the functions aforesaid; and WHEREAS, the Declarant desires to establish for its own benefit and the mutual benefit of all future owners, tenants and occupants of the Development and the Property and any part thereof, certain easements or rights in, over, under, upon and along the Development and the Property and certain mutually beneficial restrictions and obligations with respect to the use, conduct and maintenance thereof; and WHEREAS, the Declarant may,from time to time for the purposes hereinafter enumerated, convey certain portions of the Property, as hereinafter defined, to the Association, as hereinafter defined, as well as to various owners; NOW, THEREFORE, the Declarant hereby declares that only the Property and such additions thereto as may hereinafter be made is and shall be transferred, held, sold, conveyed and accepted subject to this Declaration of Covenants, Conditions, Restrictions and Easements. The Declarant does hereby further declare that the following easements, covenants, restrictions, conditions, burdens, uses, privileges,charges and liens shall:(1)exist at all times hereafter amongst all parties having or acquired a right, title or interest in any portion of the Property; (2) be binding upon and inure to the benefit of each Owner (as hereinafter defined); and (3) run with the land subjected to this Declaration, to be held, sold and conveyed subject thereto. ARTICLE 1 DEFINITIONS 1.1 "Association"shall mean and refer to Fairview Estates of Buffalo Grove Homeowners' Association, an Illinois not-for-profit corporation. 1.2 "Property" shall mean and refer to that certain real estate described in Exhibit "A" attached hereto and by this reference made a part hereof and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.3 "Building Boxes" shall mean those areas shown on the Plat of Subdivision within which a residential dwelling unit may be constructed. 2 1.4 Common Area shall mean those portions of the Property owned by the Association for the common use and enjoyment of all members of the Association and such uses thereto by way of easement or other grant from the Declarant,the Association or others as may be granted to or by the Association for the common use and enjoyment of the Owners. The Common Area to be conveyed to and owned by the Association is hereinafter legally described in Exhibit"B" attached hereto and by this reference made a part hereof which shall exclude Single Family Units 1 through 26 as depicted on Exhibit"E" and legally described in Exhibit"F". 1.5 "Single Family Unit" shall mean the individual lots shown on Exhibit"E" and legally described in Exhibit "F". 1.6 "Residential Dwelling Unit"shall mean the area consisting of a constructed dwelling. 1.7 "Owner"shall mean and refer to the record owner,whether one or more persons or entities, of a fee simple title to any Single Family Unit, as hereinafter defined, including contract sellers, but excluding those having such Interest merely as security for the performance of an obligation. The term"Owner"shall include the Developer to the extent of the number of Lots owned by Declarant and also includes the interest of the Developer or of Declarant as contract seller of any Lot. 1.8 "Member"shall mean and refer to any person or entity who holds membership in the Association. 1.9 "Declarant" shall mean and refer to Fidelity Wes of Fairview Estates, Inc., its successors and assigns, if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. 1.10 Intentionally Deleted 1.11 "Board" shall mean the Board of Directors of the Association as constituted at any time or from time to time, in accordance with the applicable provision of Article 3. 1.12 "Occupant"shall mean any person or persons other than the Owner in possession of a Single Family Unit. 1.13 "Family" shall mean one or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than two (2) persons not all so related,together with his or their domestic servants, maintaining a common household in a Single Family Unit. 1.14 By-Laws shall mean the By-Laws of Fairview Estates of Buffalo Grove Homeowners' Association, a copy of which is attached as Exhibit"C"hereto and by this reference made a part hereof. 1.15 "Declaration" shall mean this Fairview Estates of Buffalo Grove Homeowners Association Declaration of Covenants, Conditions, Restrictions and Easements. 3 1.16 "Residential Planned Unit Development shall mean and refer to the residential planned unit development approved in Village Ordinance No. 2005-26 dated May 2, 2005, as the same may be hereafter amended from time to time pursuant to a duly enacted Village ordinance. 1.17 "Recreational Facilities shall mean the recreational facilities which have been or may be constructed pursuant to the ordinance approving the Residential Planned Unit Development. 1.18 Transfer Date shall mean the date which is the earlier of: (i) the date on which seventy-five percent(75%) of the Single Family Units have been conveyed to Owners other than the Declarant or (ii) five (5) years after the first Single Family Unit is conveyed to an Owner other than the Declarant. 1.19 "Material Amendment"shall mean any amendment to the Declaration, By-Laws or the Association's articles of incorporation that would change any of the following in a manner other than as expressly provided herein. voting rights in the Association; assessments, assessment liens, or subordination of assessment liens; reserves for maintenance, repair and replacement of the Common Area; responsibility for the maintenance and repair of the Common Area; allocation of interests in the Common Area, or rights to use the Common Area; boundaries of any Single Family Unit other than the initial determination of the boundaries of a Single Family Unit; convertibility of Single Family Units or any portion thereof into Common Area,or convertibility of Common Area into Single Family Units; expansion or contraction of the Property, or the addition, annexation or withdrawal of property from the Property; insurance or fidelity bonds; leasing of Single Family Units; imposition of any restrictions on an Owner's right to sell or transfer his or her Single Family Unit; a decision by the Association to establish self-management when professional management had previously been required by an Eligible Mortgage Holder; requirements for the restoration or repair of the Property;termination of the legal status of the Association or the Property following substantial destruction or condemnation; or any provisions that expressly benefit holders, insurers or guarantors of mortgages secured by portions of the Property. 1.20 "Eligible Mortgage Holder" shall mean each holder of a first mortgage on a Single Family Unit that has requested in writing that the Association notify it of any proposed action that requires consent of a specified percentage of mortgage holders. 1.21 "Developer"shall mean FIDELITY WES OF FAIRVIEW ESTATES, INC., an Illinois corporation, its successors and assigns. 1.22 "Village" shall mean the Village of Buffalo Grove, Illinois, its elected and appointed officials, officers, agents and employees. ARTICLE 2 MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Single Family Unit which is subject by covenants of record to assessment by the Association, including a contract seller, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Single Family 4 Unit which is subject to assessment by the Association. Ownership of such Single Family Unit shall be the sole qualification of membership. Nothing herein contained shall be interpreted to exclude Declarant from membership while it or its successors in interest, if any, owns one or more Single Family Units. Voting rights with regard to each Member are set forth in Article 3 hereof. ARTICLE 3 VOTING RIGHTS AND BOARD OF DIRECTORS 3.1 The Association shall have two classes of voting membership: Class A. Class A Members shall be all those Owners as defined in Article 2, provided that the Declarant shall not be a Class A Member until the Transfer Date. Class A Members shall be entitled to one vote for each Single Family Unit in which they hold the interest required for membership pursuant to Article 2. When more than one person holds such interest in any Single Family Unit, all such persons shall be Members. The vote for such Single Family Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Single Family Unit. All Members holding any interest in a Single Family Unit shall together be entitled to cast only one vote for the Single Family Unit. Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3)votes for each Single Family Unit in which it holds the interest required for membership by Article 2; provided that the Class B membership shall cease and be converted to Class A membership on the Transfer Date. 3.2 The provisions of Section 3.1 hereof shall be mandatory. No owner of any interest in any Single Family Unit shall have any right or power to disclaim, terminate or withdraw from his membership in the Association or any of his obligations as such Member, and no purported disclaimer, termination or withdrawal thereof or therefrom on the part of any such owner shall be of any force or effect for any purpose. 3.3 The Association shall have a Board of five (5) Directors who shall be elected by the Members of the Association at such intervals as the corporate charter and By-Laws of the Association shall provide, except that vacancies in the Board occurring between regularly scheduled meetings of the Members may be filled by the Board by majority vote if so provided by the articles of incorporation or By-Laws and that the first Board may be appointed by the Declarant (or its beneficiary or designee)and shall be three(3) in number. The Association shall have such officers as shall be appropriate from time to time,who shall be elected by the Board and who shall manage and conduct the affairs of the Association under the direction of the Board. Except as expressly otherwise provided by the Association's articles of incorporation, this Declaration or the By-Laws,all power and authority to act on behalf of the Association both pursuant to this Declaration and otherwise shall be vested in its Board from time to time and its officers under the direction of the Board, and shall not be subject to any requirement of approval on the part of its Members. The articles of incorporation and By-Laws of the Association may include such provisions for the protection and indemnification of its officers and directors as shall be permissible by law. 3.4 The Association, being a not-for-profit corporation,shall not distribute to its Members any sums in the nature of dividends upon its shares. To the extent that funds shall not be required 5 for current expenditures or for such reserves,the next monthly assessments may, in the discretion of the Board, be eliminated or the amount thereof appropriately reduced. Such reduction shall not prevent reinstatement of or increase in such assessments when required, but such reinstatement or increase shall not be retroactive. 3.5 Whenever possible, the Association shall perform its functions and carry out its duties by entering into agreements for the performance thereof with such persons and business entities regularly engaged in the performance of generally similar functions and duties as the Board shall determine,which agreements shall be for such length of time, at such rates of compensation and upon such other terms and provisions as the Board shall determine from time to time, provided however that if the Association, Declarant or Board shall enter into an agreement or agreements for the professional management of the Property before the Transfer Date, such agreement or agreements shall provide that it is terminable by the Association without cause at any time after the Transfer Date and shall not require the payment of any penalty by the Association and shall not require advance notice of termination of more than ninety (90) days. Such persons or business entities may, but need not, be persons or business entities owning or otherwise directly or indirectly interested in the Property or any part thereof. The Association itself shall also have power to perform its functions and carry out its duties. 3.6 The Association, through the resolutions of the Board, shall have the right to adopt rules and regulations governing the Single Family Units and Common Area and the use thereof provided, however, that no rule or regulation shall conflict with the Declaration or any applicable laws, ordinances or codes. 3.7 A copy of this Declaration, the By-Laws and the Association's books, records and financial statements to be kept by the Board shall be available for inspection by any Owner or any representative of an Owner duly authorized in writing,the Village,or any holder,insurer or guarantor of a first mortgage lien on a Single Family Unit at such reasonable time or times during the normal business hours as may be requested by the Owner or by the holder of said first mortgage lien. ARTICLE 4 PROVISIONS RELATING TO THE COMMON AREA 4.1 Every Owner shall have a right and easement in, over, upon and to the Common Area for purposes of pedestrian ingress and egress and use of the open spaces and other common facilities and the Common Area shall be held for the use and benefit of each Owner, and such easement shall be appurtenant to and shall pass with the title to every Single Family Unit subject to the following provisions: (1) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as maybe agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast sixty-seven percent(67%) of the votes allocated to the Class B membership, if not yet ceased, has been recorded, agreeing to such dedication or transfer. In the event Class B membership has ceased,then sixty-seven percent(67%) of the votes to the Class A membership shall be required to make such dedication or transfer effective. 6 b (2) As part of the overall program of development of the Property as a residential community and to encourage the marketing and construction thereof,the Developer and its contractors, subcontractors, and their respective agents and employees shall,for sales and construction purposes only, have the right of use of certain Single Family Units and the Common Area and facilities thereof without charge during the sales and construction period on the Property to aid in its construction and marketing. 4.2 Each Owner and his tenants,guests and invitees shall have a right and easement in, over, upon and to any sidewalks located in the Common Area for the purposes of pedestrian ingress and egress. 4.3 There shall be located upon the Common Area such parking areas or portions thereof and walks as shall be necessary to provide ingress and egress to and from the Single Family Units for the use and benefit of the Owners of the Single Family Units and their guests and invitees, such other permitted improvements as set forth in Section 4.4 below, and such additional landscaping and walks, benches and spaces for the parking of motor vehicles as the Declarant or the Association or Board shall from time to time determine and shall be in compliance with such governmental laws, ordinances and regulations as shall be in effect during the development of the Property. There may also be upon the Common Area such facilities for the housing of tools, vehicles and equipment, shelters for guards and such other structures and facilities as shall be reasonably necessary for the carrying out of the duties imposed upon the Association hereunder,or as the Association may determine to erect from time to time. 4.4 An irrevocable license and non-exclusive easement is hereby granted to the Village and police,fire,water, health and other authorized officials, employees and vehicles of the Village, to go upon the Common Area (and, to the same extent granted to the Association pursuant to Section 5.5 below with respect thereto,the Single Family Units) at any time and from time to time for the purpose of performance of official duties and for the purpose of enforcing this Declaration and all Village ordinances, rules and regulations, and the statutes of the State of Illinois and the United States. In addition, duly designated officials and employees of the Village are hereby granted a non-exclusive easement to enter upon, on and over the Common Area for the purposes of maintaining,except as otherwise provided hereunder,all or any part of Common Area and the storm water detention and retention areas, drainage systems, storm and sanitary sewers, water mains, and any other utility or public service and to correct or eliminate nuisances or violations resulting from the failure to exercise maintenance responsibilities by the Developer or its successors and assigns, any Owner or the Association. Except in the event of emergency situations,the Village shall serve written notice upon the Association setting forth the manner in which the Association has failed to comply with its obligations under this Declaration under any source of law. Said notice shall include a demand that such deficiency be cured within thirty (30) days from the date such notice is received. If such deficiency has not been cured within said thirty(30)days or any extension thereof granted by the Village, the Village may (but shall not be obligated to) exercise said easement by entering the Common Area and performing such maintenance or repair. The Association shall reimburse the Village from all expenses incurred by it in performing such maintenance or repair. If the Association has not reimbursed the Village in full for all such expenses incurred within ninety (90)days after receipt of a bill detailing such expenses,then the cost of such maintenance or repair not so reimbursed,together with interest and all reasonable costs of collections,including attorneys fees, shall be assessed in equal shares against the Single Family Units, and shall become a lien 7 upon such Single Family Units. Such lien may be enforced by all methods generally available for the enforcement of liens including foreclosure by an action brought in a like manner as a mortgage or deed of trust lien on real property. Said easement shall be exercised only to the extent and for such period of time that the maintenance or repair is required to accomplish the purpose hereinabove mentioned and to enforce this Declaration. It is the intention of this Section 4.4 to provide that the obligation for maintenance and repair of certain main utility lines which service the Property (water, sanitary sewer and storm sewer) shall be borne by the Village and that the obligation for maintenance and repair of all other portions of the Common Area shall be borne by the Association. The Association shall be solely responsible for the maintenance and repair of the stormwater management system and its appurtenances in accordance with a stormwater management maintenance plan approved by the Village and attached hereto as Exhibit "D", site landscaping and shall further be responsible for snow removal on public and private sidewalks located within the Development (but not service walks appurtenant to and serving exclusively a Single Family Unit). The snowplowing of driveways shall be the responsibility of the individual Owner whose appurtenant Single Family Unit is served thereby. The Village shall be under no obligation to exercise the rights herein granted except as it shall determine to be in its best interest. No failure to exercise any right herein granted to the Village shall be construed as a waiver of that or any other rights. 4.5 Any Owner may delegate, in accordance with the By-Laws, his right of ingress and egress to the Common Area to the members of his family, occupants, guests, invitees, or contract purchasers who reside on the Property. 4.6 The Declarant hereby covenants for itself, its successors and assigns, that it will convey to the Association fee simple title to the Common Area to which it is in title prior to the conveyance of any Single Family Unit free and clear of any mortgage liens of record subject, however,to the provisions of Section 4.1(1)hereof. Declarant shall reserve, upon conveyance to the Association of such portions of the Common Area, a perpetual and non-exclusive easement for egress and ingress in,to and from each Single Family Unit as well as for the location, maintenance, repair, reconstruction, operation and restoration of other permitted improvements as set forth above, which it shall grant for the benefit of each Single Family Unit upon the conveyance thereof. 4.7 Declarant, its beneficiary, agents,employees,guests and invitees shall have the right and easement of ingress and egress in, over, upon, under and across the Common Area for sales and construction purposes until Declarant has conveyed all of the Single Family Units to the purchasers thereof. 4.8 (1) The Association shall have the right and duty to repair and maintain the Common Area and all portions of a Single Family Unit outside the Residential Dwelling Unit and shall have the right of ingress and egress over and upon those portions of the Single Family Unit outside the residential dwelling unit for such purposes. (2) The Association shall have the right of ingress and egress over and upon the Common Area for any and all purposes in connection with the use, maintenance, construction, operation, repair and reconstruction of the Common Area. 8 (3) The Association, through resolutions of the Board, shall have the right to adopt rules and regulations governing the use, maintenance and administration of the Common Area and for the health, comfort, safety and general welfare of persons using the Common Area. 4.9 Notwithstanding any provisions herein to the contrary,the easements herein created shall be subject to: (1) The right of Declarant to execute all documents (including additional easements), and do all other acts and things affecting the Property which, in the Declarant's sole opinion, are desirable in connection with Declarant's rights hereunder. (2) Easements of record on the date hereof, including those easements granted on the Plat of Subdivision and any easements which may hereafter be granted by Declarant or the Association to any public utilities or governmental bodies for the installation and maintenance of electrical and telephone conduit and lines,gas pipes,sewers or water mains and pipes, or any other utility services serving any Single Family Unit and to any provider of cable television service. 4.10 Nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Common Area to which Declarant is in title as of the date hereof to or for any public use or purpose whatsoever. 4.11 Easements for serving the Common Area and other properties with public utilities and municipal services are hereby granted to Commonwealth Edison Company, Northern Illinois Gas Company, SBC, the Village, and all other suppliers of utilities serving the Common Area and the respective successors and assigns, jointly and severally to install, lay, construct, renew, operate, maintain or remove, from time to time, conduits, cables, pipes, wire transformers, switching apparatus and other facilities and appurtenances used in connection with serving the Common Area and adjacent property with telephone communications, electric, sewer, gas,water, drainage, cable television, or other municipal services, upon, across and under the Common Area as depicted on the Plat of Subdivision for the Property approved by the Village; provided, however, that all such public utilities shall be installed underground. Notwithstanding any code or ordinance provision which may provide otherwise, no public utility shall be installed above-ground and nothing herein shall be deemed or construed as permitting above-ground utilities. 4.12 All areas of and facilities upon the Common Area, including, but not limited to any detention area, all open space, all perimeter fencing, bike paths, recreation areas, gazebos, stormwater detention pond and drainage systems, all parking areas, and all landscaping shall be maintained by the Association in such a manner as to ensure the proper use and functioning of such areas and facilities as originally designated and/or constructed. Such obligation shall include the obligation of the Association to provide for snow removal (and snow storage in appropriate areas of the Common Areas) from all parking areas and public and private sidewalks. 4.13 The Association shall pay,as agent and on behalf of the Owners and out of the funds furnished to it by them for such purpose, all tax and other governmental impositions levied upon the Common Area or any part thereof. 9 4.14 The Common Area shall at all times be used and maintained in compliance with all applicable ordinances, codes and regulations of the Village. ARTICLE 5 MAINTENANCE OF SINGLE FAMILY UNITS 5.1 Owner shall be responsible for all maintenance and repair to the interiors and exteriors of the Residential Dwelling Units including,without limitation, roofs, siding and trim,gutters and downspouts. The Association shall determine the need for and shall carry out or cause to be performed all maintenance and repair of only those gas,telephone and electrical lines located within the Common Area which are incorporated in and forming a part of the Single Family Units as originally constructed that service more than one Single Family Unit(it being expressly understood that an individual Owner shall maintain and repair all water, storm sewer and sanitary lines which service only his Single Family Unit) and additionally that such maintenance and repair shall not include the maintenance or repair of any furnaces, water heaters, stoves, refrigerators, washing machines or household appliances, sump pumps, glass surfaces, patio areas, windows and patio doors, front entry and garage doors, electrical fixtures, air conditioners and compressors, or any other portion of said unit which services only one Single Family Unit or the interior of any Residential Dwelling Unit or portion thereof. In the event that the need for maintenance or repair of other exterior repairs which are caused through the willful or negligent act of the Owner, his family,guests or invitees, the cost of such maintenance or repair shall be added to and become a part of the assessment to which such Single Family Unit is subject.The Association shall be responsible for the proper maintenance of all landscaping located on the Common Area and on the Single Family Units including, but not limited to, mowing the grass areas and shall additionally be responsible for the snowplowing of all parking areas and sidewalks in the development serving the Owners and their Single Family Units(but not service walks appurtenant to and serving exclusively any Single Family Unit) and the storage of such snow on appropriate areas of the Common Area. 5.2 Each Owner shall have the obligation to maintain in good condition and repair his glass surfaces,fireplaces(including the interior and exterior of chimneys),windows,front entry and garage doors, electrical fixtures, patio screens, if any, decks, screened porches, patio on his Single Family Unit, appurtenant service walks and driveway located on or serving his Single Family Unit. Upon the failure of any Owner to maintain those areas not the maintenance responsibility of the Association,the Association,through its agents and employees, is hereby granted the right to enter upon the Single Family Unit and make such reasonable repairs, maintenance, rehabilitation or restoration of the premises as may be necessary, and the costs thereof shall become a lien upon the Single Family Unit in the same manner as provided in Article 6 hereof for nonpayment of maintenance assessments. 5.3 The Association shall provide for the maintenance of the Single Family Unit planting which has been offered by the Developer in the sale of the Single Family Unit. In the event the Owner installs his own planting within his Single Family Unit in accordance with the provisions as hereinafter set forth in Section 9.20 hereof, the Association shall have the right to assess each Owner for any additional cost in providing for the maintenance of such planting. 5.4 The Association shall have the right to draw water from the exterior taps of individual Residential Dwelling Units as required for the efficient performance of its duties hereunder and, to 10 the extent such water is separately metered to the Owner of such Single Family Unit, the Association shall reimburse such Owner for the cost thereof. 5.5 An irrevocable license and non-exclusive easement is hereby granted to the Association to enter upon the Single Family Units for purposes of performing its obligations and exercising its rights pursuant to this Article 5. ARTICLE 6 COVENANTS FOR MAINTENANCE ASSESSMENTS 6.1 Subject to the provisions of Section 6.9, the Declarant, for each Single Family Unit owned within the Property, hereby covenants, and each Owner of any Single Family Unit by acceptance of a deed therefor whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1)annual assessments to be fixed, established and collected from time to time as hereinafter provided; and (2) special assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments,together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Single Family Unit against which each such assessment is made. Each such assessment, together with such interests, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Single Family Unit at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. 6.2 The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in the Property and in particular for the improvement and maintenance of the Property, services and facilities devoted to this purpose and related to the use and enjoyment of such Common Area, and of the Single Family Units situated upon the Property. Such uses shall include, but are not limited to, the cost to the Association of all taxes, insurance, repair, replacement and maintenance of the Common Area and, as provided herein, of the maintenance and repair of the Single Family Units as may from time to time be authorized by the Board, and other facilities and activities including, but not limited to, caring for the grounds, landscaping,equipment, non-dedicated portions of the storm water management system, monument signage, subdivision signage at the entrance to the Property in accordance with applicable Village codes, all fencing, structures and appurtenances (other than facilities and activities maintained by any governmental authority or utility company), and other charges required by this Declaration or that the Board shall determine to be necessary or desirable to meet the primary purpose of the Association, including the establishment and maintenance of a reserve fund for repair, maintenance, replacements, taxes, and other charges as specified herein. In addition, water, waste removal and/or any utilities which are not separately metered or otherwise directly charged to individual Owners shall be paid for by the Association from the assessments levied hereunder. The Board reserves the right to levy additional assessments against any Owner to reimburse it for excessive use by such Owner of any utility service,the expense of which is charged to the maintenance fund. At the time of closing of the sale of each Single Family Unit by the Declarant, the Owner shall pay (in addition to the first monthly assessment) to the manager or managing agent, or as otherwise directed by the Board, an amount equal to One Thousand Dollars ($1,000.00),which amount shall be used and applied as a working capital fund in the manner herein provided. 11 /l 6.3 The Board shall be authorized to fix the annual assessment in an amount sufficient to meet the costs and expenses as contained in Section 6.2 hereof. Until December 31, 2007, the annual assessment for each Single Family Unit shall be fixed at One Hundred Ten Dollars($110.00) per month. Developer shall not be subject to such charge and shall pay all expenses of the Association not covered by such assessment. 6.4 In addition to the annual assessments authorized above,the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair, maintenance or replacement (including those items of maintenance and repair set forth in Section 5.1 hereof) of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, if any. 6.5 Both annual and special assessments shall be fixed at a uniform rate for all Single Family Units, except for certain Single Family Units as provided in Section 6.9 hereof, and shall be collected on a monthly basis. 6.6 The annual assessments provided for herein shall commence for all Single Family Units within the Property on the first day of the month following the conveyance of the first Single Family Unit from the Declarant, except as otherwise provided in Section 6.9 hereof. The Board shall fix the amount of the annual assessment against each Single Family Unit at least thirty(30)days in advance of each annual assessment period and in lieu thereof,the amount of the prior year's annual assessment shall be the fixed amount.Written notice of any changed amount of annual assessment shall be due on the first day of the month immediately preceding the effective date of the changed assessment. An Owner shall first be liable for payment of the full monthly assessment on the 1 st day of the month following conveyance of title to him. This payment shall be in addition to the prorated portion of the monthly assessment which Owner shall pay as of the date title to his Single Family Unit is conveyed. The Association shall upon demand at any time furnish a certificate in writing signed by an officer or agent of the Association setting forth whether the assessments on a specified Single Family Unit have been paid and, if not paid, the amount of any such deficiency. Such certificate shall be conclusive evidence of payment of any assessment therein. 6.7 Any assessments which are not paid when due shall be delinquent. Such assessments, interest and all costs of collection shall be a continuing lien upon the Single Family Unit against which each such assessment was made. If the assessment is not paid within thirty(30) days after the due date, then (i)the amount of the assessment shall bear interest from the date of delinquency at the rate one and one-half (1.5%) percent per month, and (ii) in addition to said interest,the delinquent Owner shall pay to the Association a late charge of Fifty Dollars($50.00)for the first month delinquent, Seventy-Five Dollars ($75.00) for the second month delinquent, One Hundred Dollars ($100.00)for the third month delinquent and One Hundred Fifty Dollars($150.00) for each subsequent month or portion thereof that said amount remains delinquent,said late charge to cover the Association's administrative costs in monitoring and collecting such amount. The Association may bring an action at law or in equity against the Owner personally obligated to pay the same, or foreclose the lien against the respective Single Family Unit and interest, late charges, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. Each Owner, by his acceptance of a deed to a Single Family Unit, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Owner 12 personally for the collection of such charges as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of trust lien on real property. 6.8 The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on the Single Family Units and recorded prior to the due date of the delinquent assessment provided, however, that such prior recorded mortgage shall be subject to the lien of all unpaid assessments with respect to such Single Family Unit which became due and payable subsequent to the date the holder of said mortgage takes possession of the Single Family Unit, accepts a conveyance of any interest in the Single Family Unit or has a receiver appointed in a suit to foreclose his lien. The lien of the assessments shall not be affected by the sale or transfer of the corresponding Single Family Unit unless the sale or transfer is pursuant to the foreclosure of the first mortgage thereon. In such a case, the transfer of title pursuant to the foreclosure shall extinguish the lien. However, neither the personal obligation of the transferor, if any, nor the resulting pro rata share of the burden of such non-payment or non-enforcement, imposed through a subsequent assessment, shall be affected. 6.9 With regard to any Single Family Units and to which title has not been conveyed by Declarant,the assessment respecting any such Single Family Unit shall be limited to the aggregate amount of actual operating expenses from time to time required to be paid with respect to such Single Family Unit which Declarant may pay directly; provided, however,that in the event Declarant enters into a lease or installment contract for any Single Family Unit,then Declarant shall, as of the first day of such lease or contract, be responsible for the payment of all assessments on those Single Family Units on the same basis as any other Owner as provided in this Article. Actual operating expenses shall mean those ordinary expenses attributable only to the period in question covering the maintenance and operation of the Property and shall not include capital expenditures, amounts set aside as a reserve for contingencies or replacements, repair items or inventory items to .the extent attributable to subsequent periods. The Declarant hereby agrees to satisfy any deficit or shortage in the Association's operating budget for any period in which the Declarant has paid reduced assessments pursuant to this Section 6.9; provided, however,that the Declarant's liability hereunder shall not exceed the amount by which the Declarant's assessments have been reduced below the assessments of each other Owner by reason of this Section 6.9. Until such time as the Transfer Date has occurred, amounts due from the Declarant may be paid on a monthly basis or, at its option, paid to the Association at the close of each calendar year without interest. ARTICLE 7 INSURANCE 7.1 Liabilit and "All Risk" Insurance. The Association shall be responsible for procuring and maintaining comprehensive public liability insurance, including liability for injuries to and death of persons, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and property damage in such limits as it shall deem desirable, and other liability insurance as it may deem desirable, insuring the Association from liability in connection with the ownership and/or use of the Common Area. In addition, the Association shall be further responsible for maintaining such policies of insurance for the improvements from time to time located in the 13 ! G° Common Area against loss or damage by fire and such other hazards contained in a customary"all risk" policy provided that such policies shall (i) state that such policies may not be cancelled or substantially modified without at least thirty (30) days written notice to the Association; and (ii) provide for coverage in the amount of one hundred percent(100%) of current full replacement value of said improvements. The aforesaid liability insurance policies shall also name as insureds the Directors, agents, officers, employees, and all Owners. 7.2 Fidelity Insurance. The Association shall be responsible for procuring and maintaining a fidelity bond insuring the Association and its Board and the Owners against loss of funds as a result of the fraudulent or dishonest acts of any employee of the Association or its management agents, if any, or of any other person handling the funds of the Association or its Board or the Owners, in such amounts as the Board shall deem necessary, but not less than 150% of the annual operating expenses of the Association, including amounts collected for reserves. Such bonds shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. Such bonds shall provide that they may not be cancelled for non-payment of any premiums or otherwise substantially modified without thirty(30) days prior written notice to the Association. 7.3 Other Insurance.The Association may also obtain such other kinds of insurance as the Board shall from time to time deem prudent or necessary, in such amounts as shall be deemed to be desirable, including, but not limited to,the following: flood risk; Directors and Officers Liability; Workman's Compensation and Employer Liability; and Non-Owned or Hired Automobile Insurance. ARTICLE 8 INTERIM PROCEDURE 8.1 Until each of the various Single Family Units shall have been conveyed by the Declarant to the first Owner thereof (or to such Owner's nominee), the Developer, with respect to each such unsold Single Family Unit and as specified herein, shall have all the rights granted to and obligations imposed upon the Owners except as set forth in Section 6.3. 8.2 Until the initial meeting of the Members, the Declarant (or its beneficiary or designees) may appoint the Board which shall have the same powers and authority as given to the Board generally. 8.3 The powers granted to the Developer by Section 8.2 hereof shall include, without limitation, the power to assess upon and collect from the individual Owners, their respective proportionate shares of the funds required for the carrying out of all the duties and obligations of the Association. ARTICLE 9 RESTRICTIONS RELATING TO PROPERTY 9.1 14 (1) The Owners shall comply with all applicable ordinances (including the Ordinance approving the Residential Planned Unit Development), codes and regulations of the Village in connection with the use of any Single Family Unit. (2) All buildings or structures on the Property shall be of new construction. 9.2 Each Single Family Unit conveyed shall be designated by a separate single family unit number as set forth on the Plat of Planned Unit Development and shall constitute a freehold estate subject to the terms, conditions and provisions hereof. 9.3 The Single Family Units shall be used only for residential purposes, as a private residence, and no professional business or commercial use shall be made of the same, or any portion thereof or resident's use of a Single Family Unit endanger the health or disturb the reasonable enjoyment of any other Owner or resident, except as provided in Sections 4.1(2)and 9.6 herein and provided further, that the Single Family Unit restrictions contained in this Section shall not be construed in such a Manner as to prohibit an Owner from (a) maintaining his personal professional library therein; (b) keeping his personal, business or professional records or accounts therein; or (c) handling his personal, business or professional telephone calls or correspondence therefrom. 9.4 Except as hereinafter provided in Section 9.6 hereof, no structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used as a residence at any time, either temporarily or permanently. 9.5 No advertising sign (except one"For Rent"or"For Sale"sign of not more than five(5) square feet per Single Family Unit), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on the Single Family Unit except as provided in Section 9.6 hereof. Any sign shall be in compliance with all applicable Village ordinances. 9.6 The covenants contained in this Article 9 shall not apply to the activities of the Association. The Developer may maintain,while engaged in construction and sales activities, in or upon such portions of the Property as Developer determines, such temporary facilities as in its sole discretion may be necessary or convenient, including, but without limitation, offices, storage areas, temporary toilets, model units, signs and construction and storage trailers. 9.7 No animals, livestock or poultry of any kind shall be raised, bred, or kept on the Property, except dogs, cats or other common household pets (not to exceed a total of two(2) pets) which may be kept on any Single Family Unit, provided, that they are not kept, bred, or maintained for any commercial purposes. 9.8 All rubbish, trash, recycling or garbage shall be kept in the garage so as not to be seen from neighboring Single Family Units and streets, and shall be moved to the street only on the day scheduled for pick-up and shall be returned to the garage within twenty-four (24) hours after pick-up. Garbage shall regularly be removed from the Property, and shall not be allowed to accumulate thereon. 9.9 Drying of clothes shall be confined to the interior of the Residential Dwelling Units. 15 l� 9.10 Without prior written authorization of the Board, no television, radio or ham radio antennas, or of any other sort shall be placed, allowed or maintained on the exterior of any Single Family Unit or any portion of the exterior of the improvements located on the Property, nor upon any structure situated upon the Property. Satellite dishes may be installed in accordance with FCC Regulations,subject to the permitted rules governing the placement, screening, color of the dishes and size as enacted by the Association in accordance with FCC Regulations. 9.11 An Owner shall do no act nor any work that will impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other properties or their owners. 9.12 There shall be no change in any exterior color of any Single Family Unit from the color scheme in place at the time of the initial conveyance of the Single Family Unit from Declarant without the prior written approval of the Association. 9.13 There shall be no fences, screened porches, patios, decks, sheds, outbuildings, swingsets or similar improvements commenced, erected, or maintained upon any Single Family Unit, other than those constructed by the Developer, if any,without an Owner first obtaining the prior written approval of the Association and thereafter (but only thereafter) seeking and obtaining, as required, the issuance of any appropriate permit or variation from the Village. No such improvements, other than those constructed by the Developer, if any, shall encroach upon any portion of the Common Area without the express prior written consent of the Association except as otherwise provided herein. No fencing shall be allowed except for the perimeter fencing shown on Exhibit B other than privacy screening for patios and decks pursuant to the Village fence code. 9.14 No nuisance, noxious or offensive activity shall be carried on the Property nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the Owners or Occupants. 9.15 Each Single Family Unit (but not the interior of the Residential Dwelling Unit) is hereby declared to be subject to an easement and right to and in favor of the Association and Village and each and all of its employees, agents and instrumentalities to go upon such Single Family Unit for reasonable inspection thereof from time to time and for the purpose of carrying out any and all of the obligations and functions with respect to such Single Family Unit (but not the interior of the Residential Dwelling Unit) and the Single Family Unit located thereon as are herein imposed upon or permitted to the Association. Each Single Family Unit is further declared to be subject to an easement in favor of any adjoining Single Family Unit to the extent and only to the extent necessary to permit the maintenance, supply, repair, and servicing of utility services to the various Single Family Units located thereon, if any. 9.16 The Owner of each Single Family Unit shall from time to time grant such additional easements and rights over, across, on, under and upon his Single Family Unit as may be reasonably necessary in connection with the supply of any of the utilities described in Article 4 hereof to any part of the Property. 9.17 The Board may adopt such other rules and regulations from time to time governing the use and enjoyment of the Common Area and the use of the Single Family Units as the Board, in its sole discretion, deems appropriate or necessary. 16 G � 9.18 Subject to applicable Village ordinances, parking areas and driveways shall be used for parking operable automobiles and private vans only and shall not be used for campers, recreational vehicles, trucks, buses, motorcycles, trailers, commercial vans, snowmobiles, boats, vehicles with lettering or signs or for any other purpose. The Board may authorize such vehicles parked in violation of this provision to be towed away and any such towing charge shall become a lien upon the Single Family Unit of the owner of the vehicle in the same manner as provided in Article 6 hereof for nonpayment of maintenance assessments. All parking areas located in the Common Area and not serving exclusively a Single Family Unit shall be restricted to guest parking only by the posting of appropriate signage. 9.19 The Common Area is hereby subjected to a permanent easement appurtenant to any adjoining Single Family Unit and any adjoining portion of the Common Area, as applicable,to permit the construction, existence, maintenance, repair and restoration of structures located on such adjoining portion of the Common Area, including roof structures which overhang and encroach upon the Common Area provided that the construction of such structure is permitted and approved as elsewhere herein provided. The owner of the dominant tenement shall have the right, at all reasonable times, to enter the easement area in order to maintain, repair and restore any improvements located on the dominant tenement; provided, however, that such entry shall be allowed only during daylight hours and with the prior knowledge of the owner of the servient tenement. In case of emergency, such right of entry shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the owner of the servient tenement. The owner of the servient tenement shall not place any improvement, material or obstacle in or over the easement area on the servient tenement which would unreasonably interfere with the rights of the owner of the dominant tenement granted by this Section 9.19. Any such improvement, material or obstacle shall be promptly removed by the owner of the servient tenement at that owner's expense when requested by the owner of the dominant tenement or Declarant notwithstanding any lapse of time since such improvements, material or other obstacle was placed in or over the easement area. 9.20 No building, wall or other structure or landscaping shall be commenced, erected or maintained upon the Property except such as are installed or approved by the Developer in connection with the initial construction of the Single Family Units upon the Property, nor shall any exterior addition to or change or alteration or, in the event of a casualty loss, any restoration made to the exterior portion of any Single Family Unit, therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same, and the grading plan and landscape plan shall have been submitted in writing as to harmony of external design and location in relation to surrounding structures and topography to an architectural committee of three (3) or more persons appointed by the Board which committee shall refer their recommendation to the Board for the Board's approval. In the event the Board fails to approve or disapprove such design and location within forty(40) days after said plans and specifications have been submitted to it; or in the event no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, express approval will not be required and the terms and conditions contained in this Section 9.20 shall be deemed to have been fully complied with. Any work performed in accordance with this Section 9.20 shall be undertaken only upon the issuance of any appropriate permit by the Village. 17 9.21 Until such time as title to any Single Family Unit is conveyed to a bona fide purchaser,the Declarant reserves the right to lease such Single Family Units upon such terms and conditions as the Declarant may, in its sole discretion, approve. ARTICLE 10 MISCELLANEOUS 10.1 The Association, the Village or any Owner, their successors or assigns, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, easements, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any Owner found to be in violation by a court of competent jurisdiction of any of the foregoing shall also be liable for reasonable attorneys' fees incurred by the Association or the Village in prosecuting such action. The amount of such attorneys'fees together with court costs, if unpaid, shall constitute an additional lien against the defaulting Owner's lot, enforceable as other liens herein established. Failure by the Association, the Village or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall use its best efforts to assist the Village in connection with the enforcement of any provisions hereunder,the violation of which shall also be considered a violation of any applicable Village ordinance. 10.2 Invalidation of any of these covenants or restrictions by judgment or order shall in no way affect any other provisions which shall remain in full force and effect. 10.3 The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association,the Village,the Owner of any Single Family Unit subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, subject to amendment as hereinafter set forth. The covenants and restrictions of this Declaration may be amended during the first fifty (50)year period or within any successive ten (10) year period by an instrument signed by those Members (Class A and Class B) entitled to cast seventy-five percent (75%) of the total votes as provided in Article 3, Section 3.1 hereof and then properly recorded; provided, however, that, except as set forth in Section 10.17(iv) below, no Material Amendment to this Declaration, the By-Laws or the Association's articles of incorporation shall be effective unless approval thereof is obtained from Eligible Mortgage Holders representing at least fifty-one percent (51%) of the Single Family Units and Single Family Units that are subject to mortgages held by Eligible Mortgage Holders and no amendment may affect the rights of the Village without first obtaining the consent of the Village. These covenants and restrictions may also be cancelled or amended by an instrument signed by sixty percent (60%) of Owners executed and recorded within ninety (90) days of the expiration of any successive ten (10) year period, such cancellation or amendment to be effective on the date of commencement of the ten(10)year period in question; provided, however,that no termination or alteration of the legal status of the Association or the Property for reasons other than substantial destruction or condemnation of the Property shall be effective unless approval thereof is obtained from Eligible Mortgage Holders representing at least sixty-seven percent(67%) of the Single Family Units that are subject to mortgages held by Eligible Mortgage Holders. Any instrument executed pursuant to the provisions contained in this Section 18 10.3 shall be filed for record in the Recorder's Office and a true, complete copy of such instrument promptly shall be transmitted to each Owner. 10.4 If and to the extent that any of the covenants would otherwise be unlawful or void for violation of(a)the rule against perpetuities, (b)the rule restricting restraints on alienation, or(c)any other applicable statute or common law rule analogous thereto or otherwise imposing limitations upon the time for which such covenants may be valid, then the provision concerned shall continue and endure only after the expiration of a period of twenty-one(21)years after the death of the last to survive of the class of persons consisting of all of the lawful descendants of E. L. Doctorow, American author, and Michael Keller Ditka,former coach of the Chicago Bears football team, living at the date of this Declaration. 10.5 Any notices required under the provisions of this Declaration to be sent to any member, Owner, or to any holder, insurer or guarantor of a first mortgage secured by any portion of the Property shall be deemed to have been properly sent when mailed, postage prepaid,to the last known address of such Member,Owner or holder, insurer or guarantor as it appears on the records of the Association at the time of such mailing. 10.6 If at any time or times the Board shall deem it necessary or advisable to rerecord this Declaration or any part hereof in the Recorder's Office in order to avoid the expiration hereof or of any of the covenants, easements, agreements or other provisions herein contained under any of the provisions of any applicable law or statute,they shall submit the matter to a meeting of the Members called upon not less than ten (10) days notice, and unless at such meeting at least two-thirds(2/3)of Members shall vote against such re-recording, the Association shall have, and is hereby granted, power to so re-record this Declaration or such part thereof, and such re-recording shall be binding upon all Owners of any part of the Property in every way and with all the full force and effect as though such action were taken by each of said Owners and the re-recorded document executed and acknowledged by each of them. 10.7 All the easements, rights, covenants, agreements, reservations, restrictions and conditions herein contained shall run with the land and shall inure to the benefit of and be binding upon Declarant and each subsequent holder of any interest in any portion of the Property and their grantees, heirs, successors, personal representatives and assigns with the same full force and effect for all purposes as though set forth at length in each and every conveyance of the Property or any part thereof. Reference in the respective deeds of conveyance,or in any mortgage or trust deed or other evidence of obligation,to the easements and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of such parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents. 10.8 In amplification of and in addition to the provisions contained in Article 6, Section 6.6, in the event of any default of any Owner,the Association, all other Owners and the Village may and shall have all rights and remedies as shall otherwise be provided or permitted by law or in equity. 10.9 In the event that any part of any Single Family Unit (including any service walk or driveway appurtenant thereto)encroaches or shall hereafter encroach upon any part of the Common Area by no more than six(6) inches, valid easements for the maintenance of such encroachments are hereby established and shall exist so long as all or any part of the same shall remain standing; 19 provided,however,that in no event shall a valid easement for any encroachment be created in favor of any Owner if such encroachment or use is detrimental to or interferes with the reasonable use and enjoyment by the other Owners of the Common Area or if it occurred due to the willful conduct of any Owner. 10.10 Declarant reserves to itself the right to re-record the Plat of Subdivision to correct any inaccuracies, errors or mistakes contained therein, subject to the prior review and approval of the Village. 10.11 Any aggrieved Owner may enforce the provisions of this Declaration,the By-Laws,or any rules and regulations promulgated by the Board, by an action at law or in equity against the defaulting Owner (or occupant of his Single Family Unit). 10.12 No Owner shall lease or rent his or her Single Family Unit for a term less than thirty (30) days. Every lease of a Single Family Unit shall be in writing and shall be made expressly subject to the requirements, rights, covenants, conditions, restrictions and easements of this Declaration and of the By-Laws. 10.13 The following provisions are intended for the benefit of each Eligible Mortgage Holder and to the extent, if at all, that any other provisions of this Declaration conflict with the following provisions, the provisions of this Section 10.13 shall control: (1) upon request in writing to the Association identifying the name and address of the Eligible Mortgage Holder or the insurer or guarantor of a recorded first mortgage or trust deed on a Single Family Unit("Insurer or Guarantor ) and the unit number, the Association shall furnish each Eligible Mortgage Holder, Insurer or Guarantor a written notice of the default of any Owner's obligations under this Declaration which is not cured within thirty(30) days. Any Eligible Mortgage Holder of a Single Family Unit who comes into possession of the said Single Family Unit pursuant to the remedies provided in the mortgage, foreclosure of the mortgage, or deed (or assignment) in lieu of foreclosure shall, to the extent permitted by law,take such property free of any claims for unpaid assessments or charges in favor of the Association against the mortgaged Single Family Unit which become due prior to(i)the date of the transfer of title or (ii) the date on which the holder comes into possession of the Single Family Unit, whichever occurs first. (2) Upon request in writing, each Eligible Mortgage Holder, Insurer or Guarantor shall have the right: (1) to examine current copies of this Declaration,the By-Laws, rules and regulations and the books and records of the Association during normal business hours; (2) to receive, without charge and within a reasonable time after such request, an audited financial statement prepared by the Association at the end of each of its respective fiscal years; (3) to receive written notices of all meetings of the Association and to designate a representative to attend all such meetings; 20 (4) to receive written notice of any decision by the Association or Owners to make a Material Amendment to the Declaration, By-Laws or the articles of incorporation of the Association; (5) to receive written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (6) to receive written notice of any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders; and (7) to receive written notice of any condemnation or casualty loss that affects either a material portion of the Property or the Single Family Unit on which it holds, insures or guarantees the mortgage. (3) No provision of this Declaration, the By-Laws or the articles of incorporation of the Association or any similar instrument pertaining to the Property or the Single Family Units therein shall be deemed to give an Owner or any other party priority over the rights of the Eligible Mortgage Holders pursuant to their mortgages in the case of distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of the Single Family Units, and/or the Common Area, or any portion thereof or interest therein. In such event,the Eligible Mortgage Holders, Insurers or Guarantors of the Single Family Units affected shall be entitled, upon specific written request, to timely written notice of any such loss. (4) Upon specific written request to the Association, each Eligible Mortgage Holder, Insurer or Guarantor of a Single Family Unit shall be furnished notice in writing by the Association of any damage to or destruction or taking of the Common Area if such damage or destruction or taking exceeds Ten Thousand Dollars($10,000.00),or if damages shall occur to a Single Family Unit in excess of One Thousand Dollars($1,000.00), notice of such event shall also be given. (5) If any Single Family Unit or portion thereof or the Common Area or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the Eligible Mortgage Holder, Insurer or Guarantor of said Single Family Unit will be entitled to timely written notice, upon specific written request, of any such proceeding or proposed acquisition and no provisions of any document will entitle the owner of a Single Family Unit or other party to priority over such Eligible Mortgage Holder with respect to the distribution to such Single Family Unit of the proceeds of any award or settlement. 10.14 The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of a first class detached single-family housing development. 21 � I 10.15 If all or any part of the Common Area only shall betaken through condemnation by any governmental authority having power so to do,the net proceeds of such taking shall be paid to and retained by the then owner of the Common Area subject, however,to the rights of the holders of first mortgage liens on the Single Family Units. If any part of the Property, including one or more Single Family Units shall be taken by one or more concurrent condemnation proceedings,the entire net proceeds of such taking or takings, including (without limitation) all proceeds received on account of such taking of any part of the Common Area, shall be divided equitably among, and retained by, the Owners of the Single Family Units wholly or partially taken in such condemnation proceedings, subject to the rights of the holders of first mortgage liens on the Single Family Units. If the effect of such condemnation shall be to isolate any part of the Property from the remainder of the Property, and if no residential structures shall then have been constructed or be situated within the portion of the Property so isolated, then all the Single Family Units lying wholly or partly within the portion of the Property so isolated shall be deemed to have been and shall be removed from and released from all of the terms and provisions of this Declaration and this Declaration shall be of no further force or effect with respect thereto. For purposes of this Section 10.15, the term "condemnation" shall include also any sale under threat of condemnation to any governmental authority having condemnation power. 10.16 Upon any dissolution of the Association, its assets shall be transferred to another homeowner's association having similar purposes. 10.17 Declarant reserves the right and power, to be exercised without the consent of any Owner or his Eligible Mortgage Holder, to record a special amendment ("Special Amendment")to this Declaration and to the Plat of Subdivision at any time and from time to time which causes this Declaration or the Plat of Subdivision (i) to comply with requirements of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Association, the Veteran's Administration, or any other governmental agency or any other public, quasi-public,or private entity which performs(or may in the future perform)functions similarto those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, or guarantee first mortgages covering Single Family Unit, (iii) to correct clerical or typographical errors in this Declaration or any Exhibit hereto or any supplement or amendment thereto, or (iv) notwithstanding that such change or modification could otherwise be considered a Material Amendment, to change or modify any of the terms or conditions of this Declaration and the Plat of Subdivision based upon Declarant's determination, made in good faith, that such change or modification is in the best interests of the Premises and is consistent with the intent and purposes of this Declaration and the Plat of Subdivision. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to vote in favor of, make, or consent to a Special Amendment on behalf of each Owner as proxy or attorney-in-fact, as the case may be. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Single Family Unit, and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of the Declarant to vote in favor of, make, execute and record Special Amendments. The right of the Declarant to act pursuant to rights reserved or granted under this Section 10.17 shall terminate at such time as the Declarant no longer holds or controls title to any Single Family Unit. 10.18 Each Owner shall notify the Association of the name and address of the Eligible Mortgage Holder relating to his respective Single Family Unit. 22 10.19 Notwithstanding anything to the contrary contained in the Declaration (including, without limitation, Section 10.17(iv)), neither the Declarant nor the Association shall make any change or modification to this Declaration without the express prior written consent of the Village which amends the terms and provisions concerning: (i) the Village's right of entry onto and maintenance of the Property and its right to place liens thereon as provided in Section 4.4 above; (ii) the obligation of Declarant or the Association to own and maintain the non-dedicated portions of any storm water management facilities and drainage systems located on the Property; (iii)the obligation of the Association approval prior to seeking and obtaining the issuance of any appropriate permits or variations from the Village as set forth in Section 9.13 above; (iv)the obligation that Owners comply with all applicable ordinances, codes and regulations of the Village; and (v) the obligations of the Association as set forth in Section 4.4 and Section 4.12. IN WITNESS WHEREOF,the said Declarant as aforesaid, and not individually, has caused its corporate seal to be affixed hereunto and has caus d its name to be signqdMR- , prese is by its President and attested by its Secretary, this day of 200V ATTEST: FIDELITY S OF FAIRVIEW ESTATES, INC., an Illi "s cor or tion By: /T By: Its: Its: STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, AatLus D A4er"" a Notary Public in and for said County, in the State aforesaid, DOHEREBY CERTIFY THAT tvt_ the ptcS,ANT and r-ycw& S t«..rye -%C thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such }' �&0E-1rr 1 respectively, appeared before me this day in person and acknowledged that they signed a d delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth; and the said Secretary did also then and there acknowledge that he, as custodian of the corporate seal of said Corporation, did affix the said corporate seal of said Corporation to said instrument as his own free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this sk day of 'tfO�" 2006 My Commission Expires �� Z 0 C. "- Nota rl7blic "OFFICIAL SEAL" PUB C josHUA D. ACKERAAAN 5TATE o COMMISSW)N EMpES 11/26/06 23 EXHIBIT A THE PROPERTY LOTS 1 AND 2 OF THE FAIRVIEW ESTATES SUBDIVISION, BEING THAT PART OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINICIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS RECORDED JULY 22, 2005 AS DOCUMENT 5821192 24 EXHIBIT B THE COMMON AREA FAIRVIEW ESTATES - RETENTION PARCEL THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 13.00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 15 SECONDS EAST,A DISTANCE OF 139.11 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 130.00 FEET, AN ARC DISTANCE OF 96.88 FEET (CHORD BEARS NORTH 21 DEGREES 33 MINUTES 13 SECODNDS WEST, A DISTANCE OF 94.65 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 42 DEGREES 44 MINUTES 10 SECONDS WEST, A DISTANCE OF 5.00 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 92.00 FEET, AN ARC DISTANCE OF 29.37 FEET (CHORD BEARS NORTH 51 DEGREES 52 MINUTES 53 SECONDS WEST, A DISTANCE OF 29.24 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 61 DEGREES 01 MINUTES 36 SECONDS WEST, A DISTANCE OF 75.91 FEET; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 51.44 FEET (CHORD BEARS SOUTH 14 DEGREES 40 MINUTES 16 SECONDS WEST, A DISTANCE OF 51.29 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 22 DEGREES 02 MINUTES 20 SECONDS WEST,A DISTANCE OF 41.82 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 80.00 FEET,AN ARC DISTANCE OF 15.74 FEET (CHORD BEARS SOUTH 16 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE OF 15.71 FEET) TO A POINT ON THE NORTH RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE BEING A CURVED LINE CONCAVED SOUTHERLY HAVING A RADIUS OF 55.00 FEET, AN ARC DISTANCE OF 10.64 FEET (CHORD BEARS SOUTH 80 DEGREES 51 MINUTES 30 SECONDS WEST,A DISTANCE OF 10.63 FEET);THENCE NORTH 10 DEGREES 37 MINUTES 25 SECONDS EAST, A DISTANCE OF 3.39 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AN ARC DISTANCE OF 17.93 FEET (CHORD BEARS NORTH 16 DEGREES 19 MINUTES 52 SECONDS EAST, A DISTANCE OF 17.90 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 22 DEGREES 02 MINUTES 20 SECONDS EAST,A DISTANCE OF 41.82 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 190.00 FEET, AN ARC DISTANCE OF 35.81 FEET (CHORD BEARS NORTH 16 DEGREES 38 MINUTES 22 SECONDS EAST, A DISTANCE OF 35.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST,A DISTANCE OF 17.14 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 150.00 FEET, AN ARC DISTANCE OF 27.47 FEET 25 (CHORD NORTH 16 DEGREES 29 MINUTES 11 SECONDS EAST,A DISTANCE OF 27.43 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 21 DEGREES 43 MINUTES 58 SECONDS EAST, A DISTANCE OF 102.15 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 398.00 FEET,AN ARC DISTANCE OF 125.63 FEET (CHORD BEARS NORTH 12 DEGREES 41 MINUTES 24 SECONDS EAST, A DISTANCE OF 125.11 FEET) TO A POINT OF. REVERSE CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTELRY HAVING A RADIUS OF 90.00 FEET, AN ARC DISTANCE OF 36.62 FEET (CHORD BEARS NORTH 15 DEGREES 18 MINUTES 14 SECONDS EAST, A DISTANCE OF 36.37 FEET)TO A POINT OF REVERSE CURVATURE IN SAID LINE; THENCE NORTHEASTELRY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 65.00 FEET, AN ARC DISTANCE OF 30.99 FEET (CHORD BEARS NORTH 13 DEGREES 18 MINUTES 11 SECONDS EAST, A DISTANCE OF 30.69 FEET) TO A POINT OF TANGENCY IN SAID LINE;THENCE NORTH 00 DEGREES 21 MINUTES 15 SECONDS WEST,A DISTANCE OF 10.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 59.01 FEET TO THE EAST LINE OF SAID FAIRVIEW ESTATES; THENCE SOUTH 00 DEGREES 02 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID FAIRVIEW ESTATES, A DISTANCE OF 609.98 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. FAIRVIEW ESTATES - FENCE PARCEL THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 519.18 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 26.15 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, 65.00 FEET SOUTHEASTELRY OF AND PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 601.24 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTELRY HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 52.36 FEET (CHORD BEARS NORTH 46 DEGREES 40 MINUTES 10 SECONDS EAST, A DISTANCE OF 50.00 FEET); THENCE SOUTH 16 DEGREES 40 MINUTES 10 SECONDS WEST, 90.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID WEILAND ROAD,A DISTANCE OF 636.87 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. FAIRVIEW ESTATES - RECREATION PARCEL THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF 26 OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 123.00 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES, A DISTANCE OF 82.38 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 72.09 FEET;THENCE NORTH 32 DEGREES 14 MINUTES 13 SECONDS EAST, A DISTANCE OF 12.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED NORTHELRY HAVING A RADIUS 55.00 FEET, AN ARC DISTANCE OF 50.30 FEET (CHORD BEARS SOUTH 83 DEGREES 57 MINUTES 55 SECONDS EAST,A DISTANCE OF 48.57 FEET); THENCE SOUTH 20 DEGREES 10 MINUTES 03 SECONDS EAST,A DISTANCE OF 81.58 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 27 EXHIBIT C BY-LAWS OF '-ESTATES OF BUFFALO GROVE HOMEOWNERS ASSOCIATION ARTICLE I As stated in its Articles of Incorporation,the purposes of the corporation shall be to maintain, operate and manage a private residential subdivision and the improvements and common property located within said subdivision, all in Lake County, Illinois. ARTICLE II OFFICES The corporation shall continuously maintain in the State of Illinois a registered office and a registered agent whose business office is identical with such registered office, and may have other offices within or without the state. ARTICLE III MEMBERS SECTION 1 MEMBERSHIP. Every Owner of a Lot shall be a member of the Association without the right of withdrawal. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for membership. SECTION 2 VOTING RIGHTS. Except as provided in that certain Fairview Estates of Buffal rove Declaration of Covenants, Conditions, Restrictions and Easements dated " o 12, 2006 (the"Declaration"), each Owner shall be entitled to one (1) vote for each Lot ownek. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot except as otherwise provided in the Declaration. SECTION 3 TERMINATION OF MEMBERSHIP. Upon the sale or transfer of a Lot,or the termination of a beneficial interest in any trust holding title to a lot, membership in the Association is terminated. SECTION 4 TRANSFER OF MEMBERSHIP. Membership in this Association is not transferable or assignable from the transfer of title or the beneficial ownership of the trust holding title to the Lot. ARTICLE IV 28 MEETINGS OF MEMBERS SECTION 1 ANNUAL MEETING. An annual meeting of the members shall be held on the third Monday of October of each year, beginning with the year 2006 for the purpose of electing directors and for the transaction of such other business as may come before the meeting. If such day be a legal holiday, the meeting shall be held the next succeeding business day. SECTION 2 SPECIAL MEETING. Special meetings of the members may be called either by the president, the Board of Directors, or not less than one-fourth of the members having voting rights. SECTION 3 PLACE OF MEETING. The Board of Directors may designate any place within the Village of Buffalo Grove as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or if a special meeting be otherwise called,the place of meeting shall be the registered office of the corporation in the State of Illinois. SECTION 4 NOTICE OF MEETINGS. Written notice stating the place, date, and hour of any meeting of member shall be delivered to each member entitled to vote at such meeting not less than five nor more than forty days before the date of such meeting. In case of a special meeting or when required by statute or by these by-laws, the purpose for which the meeting is called shall be stated in the notice. If mailed,the notice of a meeting shall be deemed delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid. SECTION 5 INFORMAL ACTION BY MEMBERS. Any action required to be taken at a meeting of the members of the corporation, or any other action which may be taken at a meeting of members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all members entitled to vote with respect to the subject matter thereof. SECTION 6 QUORUM. The members holding one-fourth of the votes which may be cast at a meeting, either in person or by proxy, shall constitute a quorum at such meeting. If a quorum is not present at any meeting of members,a majority of the members present may adjourn the meeting at any time without further notice. At any adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the original meeting; withdrawal of members from any meeting shall not cause failure of a duly constituted quorum at that meeting. SECTION 7 PROXIES. Each member entitled to vote at a meeting of members or to express consent or dissent to corporate action in writing without a meeting may authorize another person or persons to act for him by proxy, but no such proxy shall be voted or acted upon after eleven months from its date, unless the proxy provided for a longer period. 29 ARTICLE V BOARD OF DIRECTORS SECTION 1 GENERAL POWERS. The business of the corporation shall be managed by or under the direction of its Board of Directors. SECTION 2 NUMBER TENURE AND QUALIFICATIONS. Except as otherwise set forth in the Declaration, the number of directors of the corporation shall be five (5) and shall serve until such time as the first annual meeting of the members. Each director shall hold office until the next annual meeting of members and until his successors shall have been elected and qualified. Section 2.1 Qualifications of Board: For a period commencing on the date this Declaration is executed and ending upon the qualification of the directors elected at the initial meeting of voting members,the Developer shall have the right to designate and select the persons who shall serve as members of each Board or exercise the powers of the Board as provided herein and in accordance with the Declaration. Except for directors so designated by Developer, each member of the Board shall be one of the Owners and shall reside on a Lot; provided, however,that in the event an Owner is a corporation, partnership, trust or other legal entity other than a natural person or persons,then any designated agent of such corporation, partnership, trust or other legal entity, shall be eligible to serve as a member of the Board, so long as any such agent (other than a person designated by Developer) resides on a Lot. Section 2.2 Election of Directors: (1) The initial Board of Directors designated by the Developer shall consist of three (3) directors who shall serve without compensation. Such initial Board shall serve for a period commencing on the date this declaration is executed and ending upon the qualification of the Directors elected at the initial meeting of voting members. At the initial meeting held as provided,the voting members shall elect five (5) Board members who shall serve until the first annual meeting. In all elections for members of the Board, each voting member shall be entitled to vote on a non- cumulative voting basis and the candidates receiving the highest number of votes with respect to the number of offices to be filled shall be deemed to be elected. Each voting member shall be entitled to cast the number of votes specified in Section 3.3 hereof. Members of the Board elected at the initial meeting shall serve until the first annual meeting. At the first annual meeting five (5) Board members shall be elected. The three(3)persons receiving the highest number of votes at the first annual meeting shall be elected to the Board for a term of two(2)years, and the two (2) persons receiving the next highest number of votes, shall be elected to the Board for a term of one (1) year. The election and term of office as between candidates receiving the same number of votes shall be determined by Lot. Upon the expiration of the terms of office of the Board members so elected at the first annual meeting and thereafter, successors shall be elected for a term of one(1)year each. The voting members having at least two-thirds (2/3) of the total votes may from time to time increase or decrease the term of the office of Board members at any annual or special meeting, provided that such number shall not be less than five 30 - V (5) and that the terms of at least one-third (1/3) of the persons on the Board shall expire annually. Vacancies in the Board, including vacancies due to any increase in the number of persons on the Board shall be filled by the majority vote of all remaining Board members. The Board shall act by majority vote of those present at its meetings when a quorum exists. Meetings of the Board may be called, held and conducted in accordance with such regulations as the Board may adopt. A majority of the total number of members on the Board shall constitute a quorum. (2) The Board shall elect from among its members a President who shall preside over both its meetings and those of the voting members and who shall be the chief executive officer of the Board and Association, a Vice President, a Secretary who shall keep minutes of all meetings, a Treasurer and such other officers as the Board shall see fit. Except for Directors designated by the Developer and Board member may be removed from office by the affirmative vote of voting members holding two-thirds (2/3) of the total votes. Section 2.3 Meetings of Voting Members: (a) Meetings of the voting members shall be held at such places and times as shall be designated in any notice of a meeting by the Board. The presence in person or by proxy at any meeting of the voting members having a majority of the total votes shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of the voting members at which a quorum is present upon the affirmative vote of the voting members at which a quorum is present upon the affirmative note of the voting members having a majority of the total votes present at such meeting. In the event that a quorum is not present at any meeting of the voting members, another meeting may be called by notice from the Board and the required quorum at any such subsequent meeting shall be one-half(1/2) of the required quorum of the preceding meeting; provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. (b) The initial meeting of voting members shall be held upon not less than ten (10) days written notice from the Developer. Such notice must be given no later than thirty(30) days following the Transfer Date (as defined in the Declaration), but such notice may, the discretion of the Developer, be given earlier. Thereafter,there shall be an annual meeting of the voting members as specified in Article IV, Section 1. Section 2.4 General Powers of the Board: The Board shall have the following powers: (a) To adopt reasonable rules and regulations governing the use, maintenance and administration of the Development(as defined in the Declaration) for the health, comfort, safety and general welfare of the Owners and occupants thereof. (b) To enter upon, and to have its contractors, subcontractors and agents enter upon, any Lot as may be required to exercise all of the rights and obligations granted to or imposed upon it pursuant to this Declaration or to correct any condition that in the Board's judgment is a nuisance or is damaging to any Owner or occupant. 31 1 (c) To enter into contracts, maintain one or more bank accounts (granting authority as the Board shall desire to one or more persons to draw upon such accounts), and generally, to have all the powers necessary and incidental to the operation and management of the Association. (d) To take such action as may be required to enforce the provisions of this Declaration and the rules and regulations made hereunder. (e) To take such action as may be necessary to promote the health,comfort, safety and general welfare of the owners. (f) To exercise any and all powers, rights and authorities provided in the Illinois General Not-For-Profit Corporation Act. SECTION 3 REGULAR MEETINGS. A regular meeting of the Board of Directors shall be held without other notice than these by-laws, immediately after, and at the same place as, the annual meeting of members. The Board of Directors may provide, by resolution,the time and place for holding of additional regular meetings of the board without other notice than such resolution. SECTION 4 SPECIAL MEETINGS. Special meetings of the Board of Directors may be called by or at the request of the president or any two directors. The person or persons authorized to call special meetings of the Board of Directors may fix any place for holding any special meeting of the Board of Directors called by them. SECTION 5 NOTICE. Notice of any special meeting of the Board of Directors shall be given at least two (2) days previously thereto by written notice to each director at his address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed,with postage thereon prepaid. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegram company. The attendance of a director at any meeting shall constitute a waiver of such notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by-laws. SECTION 6 QUORUM. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the board, provided that if less than a majority of the directors are present at said meeting, a majority of the directors present may adjourn the meeting at any time without further notice. SECTION 7 MANNER OF ACTING. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by statute, these by-laws, or the articles of incorporation. SECTION 8 VACANCIES. Any vacancy occurring in the Board of Directors or any directorship to be filled by reason of an increase in the number of directors shall be filled by the Board of Directors unless the articles of incorporation, a statute, or these by-laws provide that a 32 vacancy or a directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. SECTION 9 COMPENSATION. Directors shall not receive any stated salaries for their services, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for each regular or special meeting of the board, provided that nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity and receiving reasonable compensation therefore. ARTICLE VI OFFICERS SECTION 1 OFFICERS. The officers of the corporation shall be a president,one or more vice presidents (the number thereof to be determined by the Board of Directors), a treasurer, a secretary, and such assistant treasurers, assistant secretaries or other officers as may be elected by the Board of Directors. Officers whose authority and duties are not prescribed in these by-laws shall have the authority and perform the duties prescribed, from time to time, by the Board.of Directors. Any two or more offices may be held by the same person, except the offices of president and secretary. SECTION 2 ELECTION AND TERM OF OFFICE. The officers of the corporation shall be elected annually by the Board of Directors at the regular annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such election shall be held as soon as convenient thereafter. Vacancies may be filled or new offices created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he shall resign or shall have been removed in the manner hereinafter provided. Election of an officer shall not of itself create contract rights. SECTION 3 REMOVAL. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interest of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights,if any, of the person so removed. SECTION 4 PRESIDENT. The president shall be the principal executive officer of the corporation. Subject to the direction and control of the Board of Directors, he shall be in charge of the business and affairs of the corporation; he shall see that the resolutions and directives of the Board of Directors are carried into effect except in those instances in which that responsibility is specifically assigned to some other person by the Board of Directors; and, in general,the president shall discharge all duties incident to the office of president and such other duties as may be prescribed by the Board of Directors from time to time. The president shall preside at all meetings of the shareholders and of the Board of Directors. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of the corporation or a different mode of execution is expressly prescribed by the Board of Directors or these by-laws, the president may execute for the corporation certificates for its shares, and any contracts, deeds, mortgages, bonds or other instruments which the Board of Directors has authorized to be executed, and the president may accomplish such execution either under or without the seal of the corporation and either 33 r individually or with the secretary, any assistant secretary, or any other officer thereunto authorized by the Board of Directors, according to the requirements of the form of the instrument. He may vote all securities which the corporation is entitled to vote except as and to the extent such authority shall be vested in a different officer or agent of the corporation by the Board of Directors. SECTION 5 THE VICE PRESIDENT. The vice president (or in the event there is more than one vice president, each of the vice presidents) shall assist the president in the discharge of the president's duties as the president may direct and shall perform such other duties as from time to time may be assigned to the vice president by the president or by the Board of Directors. In the absence of the president or in the event of the president's inability or refusal to act, the vice president (or in the event there is more than one vice president, the vice presidents in the order designated by the Board of Directors, or by the president if the Board of Directors has not made such a designation, or in the absence of any designation, then in the order of seniority of tenure as vice president) shall perform the duties of the president and when so acting, shall have the powers of and be subject to all the restrictions upon the president. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of the corporation or a different mode of execution is expressly prescribed by the Board of Directors or these by-laws, the vice president (or each vice president if there is more than one) may execute for the corporation certificates for its shares and any contracts, deeds, mortgages, bonds or other instruments which the Board of Directors has authorized to be executed, and the vice president may accomplish such execution either under or without the seal of the corporation and either individually or with the secretary, any assistant secretary, or any other officer thereunto authorized by the Board of Directors, according to the requirements of the form of the instrument. SECTION 6 THE TREASURER. The treasurer shall be the principal accounting and financial officer of the corporation. The treasurer shall: (a) have charge of and be responsible for the maintenance of adequate books of account for the corporation; (b)have charge and custody of all funds and securities of the corporation, and be responsible therefor and for the receipt and disbursement thereof; and (c) perform all duties incident to the office of treasurer and such other duties as from time to time may be assigned to him by the president or by the Board of Directors. If required by the Board of Directors, the treasurer shall give a bond for the faithful discharge of the treasurer's duties in such sum and with such surety or sureties as the Board of Directors may determine. SECTION 7 THE SECRETARY. The secretary shall: (a) record the minutes of the shareholders' meetings and of the Board of Directors' meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these by-laws or as required by law; (c) be custodian of the corporate records and of the seal of the corporation; (d) keep a register of the post office address of each shareholder which shall be furnished to the secretary by such shareholder; (e) sign with the president, or a vice president, or any other officer thereunto authorized by the Board of Directors, certificates for the shares of the corporation, the issue of which shall have been authorized by the Board of Directors, and any contracts, deeds, mortgages, bonds, or other instruments which the Board of Directors has authorized to be executed, according to the requirements of the form of the instrument,except when a different mode of execution is expressly prescribed by the Board of Directors or these by-laws; (f) have general charge of the stock transfer books of the corporation; (g) have authority to certify the by-laws, resolutions of the shareholders and Board of Directors and committees thereof, and other documents of the corporation as true and correct copies thereof, and (h) perform all duties incident 34 to the office of secretary and such other duties as from time to time may be assigned to the secretary by the president or by the Board of Directors. SECTION 8 ASSISTANT TREASURERS AND ASSISTANT SECRETARIES. The assistant treasurers and assistant secretaries shall perform such duties as shall be assigned to them by the treasurer or the secretary, respectively, or by the president or the Board of Directors. The assistant secretaries may sign with the president, or a vice president, or any other officer thereunto authorized by the Board of Directors, certificates for shares of the corporation, the issue of which shall have been authorized by the Board of Directors, and any contracts, deeds, mortgages, bonds, or other instruments which the Board of Directors has authorized to be executed, according to the requirements of the form of the instrument, except when a different mode of execution is expressly prescribed by the Board of Directors or these by-laws. The assistant treasurers shall respectively, if required by the Board of Directors, give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. ARTICLE VII COMMITTEES SECTION 1 COMMITTEES OF DIRECTORS. The Board of Directors, by resolution adopted by a majority of the directors in office, may designate on or more committees, including an architectural and landscape committee, each of which shall consist of two or more directors,which committees, to the extent provided in said resolution and not restricted by law, shall have and exercise the authority of the Board of Directors in the management of the corporation; but the designation of such committees and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual director, of any responsibility imposed upon it or him by law. SECTION 2 OTHER COMMITTEES. Other committees not having and exercising the authority of the Board of Directors in the corporation may be designated by a resolution adopted by a majority of the directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, members of each such committee shall be members of the corporation, and the president of the corporation shall appoint the members thereof. Any member thereof may be removed by the person or persons authorized to appoint such member whenever in their judgment the best interests of the corporation shall be served by such removal. SECTION 3 TERM OF OFFICE. Each member of a committee shall continue as such until the next annual meeting of the members of the corporation and until his successor is appointed, unless the committee shall be sooner terminated, or unless such member be removed from such committee, or unless such member shall cease to quality as a member thereof. SECTION 4 CHAIRMAN. One member of each committee shall be appointed chairman. SECTION 5 VACANCIES. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. SECTION 6 QUORUM. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and 35 the act of the majority of the members present at a meeting at which a quorum is present shall be the act of the committee. SECTION 7 RULES. Each committee may adopt rules for its own government not inconsistent with these by-laws or with rules adopted by the Board of Directors. ARTICLE VIII CONTRACTS, CHECKS, DEPOSITS, AND FUNDS SECTION 1 CONTRACTS. The Board of Directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these by-laws,to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation and such authority may be general or confined to specific instances. SECTION 2 CHECKS DRAFTS1 ETC. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation,shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors, such instruments shall be signed by the treasurer or an assistant treasurer and countersigned by the president or a vice- president of the corporation. SECTION 3 DEPOSITS. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks,trust companies,or other depositaries as the Board of Directors may select. SECTION 4 GIFTS. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or, devise for the general purposes or for any special purpose of the corporation. ARTICLE IX BOOKS AND RECORDS The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, Board of Directors, and committees having any of the authority of the Board of Directors, and shall keep at the registered or principal office a record giving the names and addresses of the members entitled to vote. All books and records of the corporation may be inspected by any member, or his agent or attorney for any proper purpose at any reasonable time. ARTICLE X FISCAL YEAR The fiscal year of the corporation shall be fixed by resolution of the Board of Directors. ARTICLE XI 36 a�o ASSESSMENTS SECTION 1 (1) Pursuant to Section 6.3 of the Declaration, the Board of Directors of the Association shall fix the amount of the annual assessment against each Lot for each annual assessment period at least thirty(30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner. (2) Written notice of the assessment shall thereupon be delivered or mailed to every Owner subject thereto showing the amount or amounts and the due date or dates if the assessment is to be paid in installments. (3) The Board of Directors shall, upon written demand, furnish to any Owner liable for said assessment, a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A reasonable charge may be made by the board for the issuance of such certificates. (4) If the board fails to fix amount of an assessment as provided in (a) above, each Owner shall be responsible for the payment of an amount equal to the assessment for the previous year. SECTION 2 DUTIES. The board shall exercise all the power and privileges and perform all of the duties and obligations of the Association, and shall provide for, collect and shall pay for out of the assessments funds as is necessary. SECTION 3 EFFECT OF NON-PAYMENT OF ASSESSMENT: THE PERSONAL OBLIGATION OF THE OWNER; THE LIEN; REMEDIES OF THE ASSOCIATION. If any assessment or part thereof is not paid within thirty (30) days after the due date, the total unpaid amount of all installments of such assessment shall immediately become due and payable and shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The total unpaid amount of all such installments and interest thereon shall constitute a lien on the interest of the Lot of the Owner personally obligated to pay the same and upon the recording of notice thereof by the Board of Directors of the Association shall be a lien upon such Owner's interest in the Lot. The Association may, at its election, bring an action at law or in equity against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the property 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. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Property or of his Lot. Notwithstanding the foregoing, the first mortgage encumbrance owned or held by a bank, insurance company, or savings and loan association, or other person or entity engaged in the business of making real estate loans, recorded against the interest of such Owner prior to the date such notice is recorded,which by law would be a 37 lien thereon prior to subsequently recorded encumbrances, shall have priority, except as to the amount of assessments which become due payable from and after the date on which the said mortgage owner or holder either takes up possession of the Lot, accepts a conveyance of any interest therein (other than as security) or files a suit to foreclose its mortgage. ARTICLE XII WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of the General Not-For- Profit Corporation Act of Illinois or under the provisions of the articles of incorporation or the by-laws of the corporation, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XIII AMENDMENTS The power to alter, amend,or repeal the by-laws or adopt new by-laws shall be vested in the Board of Directors unless otherwise provided in the articles of incorporation or the by-laws. Such action may be taken at a regular or special meeting for which written notice of the purpose shall be given. The by-laws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. 38 EXHIBIT D FAIRVIEW ESTATES STORMWATER MANAGEMENT SYSTEM MAINTENANCE PLAN Pur ose and Obiective: Adequate drainage must be maintained to keep water away from the roadway, residences and common areas. Responsibilities: The Fairview Estates of Buffalo Grove Homeowners Association ("Association") shall be responsible for the maintenance of the stormwater maintenance system. Maintenance Considerations: Cleaning, maintaining and repairing ("maintenance") of stormwater inlets, overland flow routes, swales outflow pipes and the areas around each of these elements is particularly important because these elements are not visually obvious. If these elements become clogged, then water may flood the pavement surface and may cause extensive erosion damage or water flow blockage. Cost Considerations: All maintenance costs shall be paid by or on behalf of the Fairview Estates of Buffalo Grove Homeowner's Association. The Association shall keep records of all maintenance costs in order to determine typical annual costs that would be the basis for the annual maintenance fund. The maintenance provisions, as set forth herein, may need to be adjusted based on site specific experiences. Maintenance of Drainage System: The Association shall insure that frequent walk-through inspections are conducted to see if any obstructions are present including garbage, wood, branches, cut grass, dirt, leaves, etc. Remember that these drainage structures can only operate as designed if they are properly maintained. Vegetative Growth: One of the most common maintenance problems is that of dying vegetation. The Association shall determine the cause of any problem and correct it either by modifying the environment so the selected vegetation can grow or changing the type of vegetation planted to meet environmental requirements. Portions of the site have been planted with native vegetation. Native vegetation is not like turf grass and should be maintained as follows: • Do not mow frequently. Mowing should be conducted either in early spring to control invasive vegetation before the desired native species are growing, or in the fall after native vegetation has flowered and gone to seed. DO NOT MOW NATIVE VEGETATION WHILE IT IS FLOWERING. • Use periodic controlled burns to help maintain the health of the native vegetation. Do not attempt controlled burns without professional assistance. • Fertilizer and pesticide usage is NOT normally required. • Always re-seed or re-plant using the same mix as originally permitted. 39 3q Pest Control: The most common pest in stormwater management facilities are mosquitos. Poorly designed stormwater management facilities can result in stagnant water in which mosquitoes lay their eggs. Mosquito populations can be reduced by the following measures: • Ensure that standing water is drained within 72-hours • Maintain flowing or moving water conditions (aerators and fountains may help) • Encourage natural mosquito predators, such as dragonflies, by maintaining native vegetation along waterlines • Populate standing water bodies (i.e. detention ponds) with mosquito fish or fathead minnows to eat the mosquito larva. Record Keeping: Distinct records shall be maintained by the Homeowners Association to record the specific activities and costs of implementing the maintenance plan. The records shall include the dates of maintenance visits and the specific work performed. 40 Long Term Maintenance Program—Significant Elements and Aspects Stormwater Conveyance Periodic p __... Ins ection Significant Aspects Elements_ Grassy areas Swales Seed or Sod earm � � Erosion Prone Areas Ditch Checks to reduce flow Plant� mterva s as required velocities or plant native Grass.... .. . �.... .._— .. .... .._ .... ._ _ ve etation y areas Groom Annually Seed 5_ear intervals .... Tree Trimming Cut back tear intervals ntervals Swale�Veetation Areas Controlled Burn Re-seed, 2.... y.....�_ � ..... _ s, Outfalls, Detention Remove Siltation, year intervals Ponds & Restore Ri ram Short Term Maintenance Program—Significant Elements and Aspects Stormwater Period is Significant Repair Work Conveyance Inspection Aspects Elements .. Marchthrou h Disturbed surface General All Area g Seed Area with November areas grass or native veetption Residential Lot Weekly atable items that Dispose of Refuse � Flo Area co uld wash into stormwatBranchese&s stem Collect& Dispose Swales on site March & June & _ _ s h ...� Emergency Outflow March through B _�d.... October eaves/Tra ranches & � Collect & Dispose November L eaves/Trash Repair/Replace Pipe March & June & Branchesd on ...-rE llect& Dispose Stormwater Inlets M October Leaves/Trash pair/Replace g y Mow non-native Condition— mmovelDispose Sto �e.�. . Manhole . rmwater Storage March, June, Jul Area Aug., Sept., Oct., & vegetation Refuse/Grass Nov. cli in is 41 EXHIBIT E =A DEPICTION OF SINGLE FAMILY UNITS 'A (oversize document) y�1 r, €1 ?t y_ Y- 34 42 T� EXHIBIT F SINGLE FAMILY UNIT LEGAL DESCRIPTIONS SINGLE FAMILY UNIT 1: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD AND POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 54.54 FEET (CHORD BEARS SOUTH 05 DEGREES 53 MINUTES 45 SECONDS WEST, A DISTANCE OF 54.43 FEET); THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, 69.29 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 114.39 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD,A DISTANCE OF 71.13 FEET; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHERLY HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 11.32 FEET (CHORD BEARS NORTH 83 DEGREES 09 MINUTES 28 SECONDS EAST, A DISTANCE OF 11.30 FEET) TO A POINT OF TANGENCY IN SAID LINE AND ALSO BEING THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 88.27 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 2: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED 43 NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 54.54 FEET (CHORD BEARS SOUTH 05 DEGREES 53 MINUTES 45 SECONDS WEST, A DISTANCE OF 54.43 FEET) TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 30.62 FEET(CHORD BEARS SOUTH 15 DEGREES 39 MINUTES 19 SECONDS WEST,A DISTANCE OF 30.61 FEET) TO A POINT OF TANGENCY IN SAID LINE;THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,A DISTANCE OF 23.20 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, 95.58 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 113.90 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 11 SECONDS WEST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD,A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE,A DISTANCE OF 114.39 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 3: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 23.20 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.42 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST,ALONG A LINE 171.87 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE,A DISTANCE OF 111.43 FEET;THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD,A DISTANCE OF 53.64 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 113.90 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 4: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF 44 OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 77.62 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.42 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE,A DISTANCE OF 108.95 FEET;THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 111.43 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 5: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 132.04 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS 45 WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.42 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE,A DISTANCE OF 106.47 FEET;THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 108.95 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 6: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33,TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 186.46 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 36.80 FEET; THENCE SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE, A DISTANCE OF 104.65 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 106.47 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 7: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED 46 Y JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 223.26 FEET; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 53.77 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE,A DISTANCE OF 104.21 FEET;THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 104.65 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 8: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 223.26 FEET; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND 47 ROAD,A DISTANCE OF 71.18 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 53.77 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINA AVENUE,A DISTANCE OF 103.77 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 104.21 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS, SINGLE FAMILY UNIT 9: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 223.26 FEET; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 124.95 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 53.77 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 103.33 FEET;THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD, A DISTANCE OF 53.64 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 103.77 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 10: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING 48 AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 236.61 FEET TO THE WEST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 85.17 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 84.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 223.26 FEET; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 178.72 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE WEST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 41.85 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 475.00 FEET, AN ARC DISTANCE OF 11.88 FEET (CHORD BEARS SOUTH 16 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE OF 11.88 FEET);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINAAVENUE,A DISTANCE OF 103.04 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD,A DISTANCE OF 53.64 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 103.33 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 11: THAT PART OF LOT 1 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 406.69 FEET TO THE WESTERLY RIGHT OF WAY LINE OF RAYMOND ROAD AND POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED:THENCE CONTINUING SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 112.49 FEET; THENCE NORTH 16 DEGREES 40 MINUTES 10 SECONDS EAST, PARALLEL WITH THE CENTERLINE OF WEILAND ROAD,A DISTANCE OF 82.97 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE, A DISTANCE OF 103.04 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD;THENCE SOUTHWESTERLY ALONG THE WESTELRY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED 49 SOUTHEASTERLY HAVING A RADIUS OF 475.00 FEET, AN ARC DISTANCE OF 4.40 FEET (CHORD BEARS SOUTH 15 DEGREES 25 MINUTES 18 SECONDS WEST, A DISTANCE OF 4.40 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE CONTINUING SOUTH 15 DEGREES 09 MINUTES 23 SECONDS WEST,ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 29.25 FEET) TO A POINT OF CURVATURE IN SAID LINE; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED EASTERLY HAVING A RADIUS OF 160.00 FEET, AN ARC DISTANCE OF 43.40 FEET (CHORD BEARS SOUTH 07 DEGREES 23 MINUTES 10 SECONDS WEST, A DISTANCE OF 43.27 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE CONTINUING SOUTH 00 DEGREES 23 MINUTES 04 SECONDS EAST,ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 3.99 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 12: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 59.01 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST,ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE, A DISTANCE OF 117.60 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 54.62 FEET (CHORD BEARS SOUTH 04 DEGREES 41 MINUTES 36 SECONDS WEST, A DISTANCE OF 54.55 FEET); THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, 69.52 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 105.93 FEET;THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AN ARC DISTANCE OF 30.79 FEET (CHORD BEARS NORTH 17 DEGREES 09 MINUTES 32 SECONDS WEST, A DISTANCE OF 30.64 FEET) TO A POINT OF REVERSE CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 65.00 FEET, AN ARC DISTANCE OF 30.99 FEET (CHORD BEARS NORTH 13 DEGREES 18 MINUTES 11 SECONDS EAST, A DISTANCE OF 30.69 FEET) TO A POINT OF TANGENCY IN SAID LINE;THENCE NORTH 00 DEGREES 21 MINUTES 15 SECONDS WEST,A DISTANCE OF 10.47 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 13: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF 50 Jd OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 54.62 FEET (CHORD BEARS SOUTH 04 DEGREES 41 MINUTES 36 SECONDS WEST, A DISTANCE OF 54.55 FEET) TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTHWESTERLY ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 310.00 FEET,AN ARC DISTANCE OF 50.99 FEET(CHORD BEARS SOUTH 14 DEGREES 27 MINUTES 09 SECONDS WEST, A DISTANCE OF 50.93 FEET)TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 2.42 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 113.29; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 398.00 FEET, AN ARC DISTANCE OF 46.13 FEET (CHORD BEARS NORTH 06 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 46.10 FEET) TO A POINT OF REVERSE CURVATURE IN SAID LINE; THENCE NORTHERLY ALONG A CURVED LINE CONCAVED EASTERLY HAVING A RADIUS OF 90.00 FEET,AN ARC DISTANCE OF 5.83 FEET (CHORD BEARS NORTH 05 DEGREES 30 MINUTES 09 SECONDS EAST,A DISTANCE OF 5.83 FEET); THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 105.93 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 14: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005AS DOCUMENT NUMBER5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED 51 NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, A DISTANCE OF 2.42 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.66 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 118.25 FEET; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 398.00 FEET, AN ARC DISTANCE OF 53.25 FEET (CHORD BEARS NORTH 14 DEGREES 07 MINUTES 05 SECONDS EAST, A DISTANCE OF 53.21 FEET); THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 113.29 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT IS: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 57.08 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.66 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 116.54 FEET; THENCE NORTH 21 DEGREES 43 MINUTES 58 SECONDS EAST, A DISTANCE OF 29.01 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 398.00 FEET, AN ARC DISTANCE OF 26.25 FEET (CHORD BEARS NORTH 19 DEGREES 50 MINUTES 35 SECONDS EAST, A DISTANCE OF 26.25 FEET); THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 118.25 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 52 SINGLE FAMILY UNIT 16: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 111.74 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.66 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 113.90 FEET; THENCE NORTH 21 DEGREES 43 MINUTES 58 SECONDS EAST, A DISTANCE OF 55.60 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE,A DISTANCE OF 116.54 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 17: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 53 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 166.40 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 54.66 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 115.77 FEET; THENCE NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST, A DISTANCE OF 9.19 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 150.00 FEET, AN ARC DISTANCE OF 27.47 FEET (CHORD BEARS NORTH 16 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 27.43 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 21 DEGREES 43 MINUTES 58 SECONDS EAST,A DISTANCE OF 17.54 FEET;THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE,A DISTANCE OF 113.90 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 18: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 221.06 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 1.13 FEET; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 52.89 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, PARALLEL WITH THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 116.05 FEET; THENCE NORTH 22 DEGREES 02 MINUTES 20 SECONDS EAST, A DISTANCE OF 10.31 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 190.00 FEET, AN ARC DISTANCE OF 35.81 FEET (CHORD BEARS NORTH 16 DEGREES 38 MINUTES 22 SECONDS EAST, A DISTANCE OF 35.76 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST,A 54 DISTANCE OF 7.95 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE,A DISTANCE OF 115.77 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 19: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PAULINE AVENUE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 (AFORESAID LINE ALSO BEING THE EAST LINE OF SAID SUBDIVISION);THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PAULINE AVENUE,A DISTANCE OF 176.61 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 15.18 FEET TO A POINT OF CURVATURE IN SAID LINE;THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING RADIUS OF 310.00 FEET, AN ARC DISTANCE OF 105.61 FEET (CHORD BEARS SOUTH 09 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE OF 105.10 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 19 DEGREES 09 MINUTES 53 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 222.19 FEET;THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 52.89 FEET TO THE POINT OF BEGINNING OF THE SITE INDENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 17 DEGREES 07 MINUTES 11 SECONDS EAST,ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD,A DISTANCE OF 50.34 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE SOUTH 72 DEGREES 52 MINUTES 49 SECONDS EAST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF MARY BELLE COURT,A DISTANCE OF 12.94 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED NORTHERLY HAVING A RADIUS OF 100.00 FEET, AN ARC DISTANCE OF 30.50 (CHORD BEARS SOUTH 81 DEGREES 37 MINUTES 02 SECONDS EAST,A DISTANCE OF 30.38 FEET)TO A POINT OF TANGENCY IN SAID LINE;THENCE CONTINUING NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,ALONG THE NORTHELRY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, A DISTANCE OF 55.07 FEET; THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHELRY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 55.00 FEET,AN ARC DISTANCE OF 17.45 FEET(CHORD BEARS NORTH 66 DEGREES 13 MINUTES 49 SECONDS EAST, A DISTANCE OF 17.38 FEET); THENCE NORTH 10 DEGREES 37 MINUTES 25 SECONDS EAST, A DISTANCE OF 3.39 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 90.00 FEET, AN ARC DISTANCE OF 17.93 FEET (CHORD BEARS NORTH 16 DEGREES 19 MINUTES 52 SECONDS EAST, A DISTANCE OF 17.90 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 22 DEGREES 02 MINUTES 20 SECONDS EAST,A DISTANCE OF 31.51 FEET;THENCE SOUTH 89 DEGREES 38 55 MINUTES 45 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID PAULINE AVENUE, A DISTANCE OF 116.05 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 20: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 256.38 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED: THENCE CONTINUING SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION,A DISTANCE OF 90.31 FEET TO THE EAST RIGHT OF WAY LINE OF RAYMOND ROAD; THENCE NORTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID RAYMOND ROAD THE FOLLOWING COURSES: NORTH 00 DEGREES 23 MINUTES 04 SECONDS WEST, A DISTANCE OF 3.99 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED EASTERLY HAVING A RADIUS OF 100.00 FEET, AN ARC DISTANCE OF 27.12 FEET (CHORD BEARS NORTH 07 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 27.04 FEET) TO A POINT OF TANGENCY IN SAID LINE;THENCE NORTH 15 DEGREES 09 MINUTES 23 SECONDS EAST, A DISTANCE OF 29.25 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 415.00 FEET, AN ARC DISTANCE OF 14.22 FEET (CHORD BEARS NORTH 16 DEGREES 08 MINUTES 17 SECONDS EAST, A DISTANCE OF 14.22 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 17 DEGREES 07 MINUTES 11 SECONDS EAST,A DISTANCE OF 56.26 FEET TO THE SOUTH RIGHT OF WAY LINE OF MARY BELL CIRCLE; THENCE SOUTH 72 DEGREES 52 MINUTES 49 SECONDS EAST,ALONG THE SOUTH RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, A DISTANCE OF 12.94 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED NORTHEASTERLY HAVING A RADIUS 160.00 FEET, AN ARC DISTANCE OF 46.33 FEET (CHORD BEARS SOUTH 81 DEGREES 10 MINUTES 33 SECONDS EAST, A DISTANCE OF 46.17 FEET); THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 114.97 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 21: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22, 2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 205.38 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED: THENCE CONTINUING SOUTH 89 DEGREES 36 56 �_�ls MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 51.00 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 15 SECONDS WEST,A DISTANCE OF 114.97 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVE LINE CONCAVED NORTHERLY HAVING A RADIUS OF 160.00 FEET, AN ARC DISTANCE OF 2.47 FEET (CHORD BEARS SOUTH 89 DEGREES 54 MINUTES 45 SECONDS EAST, A DISTANCE OF 2.47 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE CONTINUING NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST, ALONG THE SOUTHELRY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE,A DISTANCE OF 31.33 FEET;THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED NORTHEASTERLY HAVING A RADIUS OF 55.00 FEET, AN ARC DISTANCE OF 41.35 FEET (CHORD BEARS SOUTH 36 DEGREES 13 MINUTES 31 SECONDS EAST, A DISTANCE OF 40.38 FEET); THENCE SOUTH 32 DEGREES 14 MINUTES 13 SECONDS WEST,A DISTANCE OF 12.00 FEET;THENCE SOUTH 00 DEGREES 21 MINUTES 15 SECONDS EAST,A DISTANCE OF 72.09 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 22: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 13.00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST,A DISTANCE OF 139.11 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 130.00 FEET, AN ARC DISTANCE OF 96.88 FEET (CHORD BEARS NORTH 21 DEGREES 23 MINUTES 13 SECONDS WEST, A DISTANCE OF 94.65 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 42 DEGREES 44 MINUTES 10 SECONDS WEST,A DISTANCE OF 5.00 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 92.00 FEET, AN ARC DISTANCE OF 29.37 FEET(CHORD BEARS NORTH 51 DEGREES 52 MINUTES 53 SECONDS WEST, A DISTANCE OF 29.24 FEET)TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE NORTH 61 DEGREES 01 MINUTES 36 SECONDS WEST, A DISTANCE OF 75.91 FEET;THENCE SOUTHWESTERLY ALONG A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 200.00 FEET, AN ARC DISTANCE OF 51.44 FEET (CHORD BEARS SOUTH 14 DEGREES 40 MINUTES 16 SECONDS WEST, A DISTANCE OF 51.29 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE SOUTH 22 DEGREES 02 MINUTES 20 SECONDS WEST, A DISTANCE OF 41.82 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHEASTERLY HAVING A RADIUS OF 80.00 FEET, AN ARC DISTANCE OF 15.74 FEET (CHORD BEARS SOUTH 16 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE OF 15.71 FEET) TO A POINT ON THE NORTH RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED SOUTHERLY HAVING A RADIUS OF 55.00 FEET, AN ARC DISTANCE OF 57 42.27 FEET (CHORD BEARS SOUTH 71 DEGREES 34 MINUTES 57 SECONDS EAST, A DISTANCE OF 41.23 FEET);THENCE NORTH 40 DEGREES 25 MINUTES 59 SECONDS EAST, A DISTANCE OF 25.00 FEET;THENCE NORTH 28 DEGREES 58 MINUTES 24 SECONDS EAST, A DISTANCE OF 23.07 FEET;THENCE NORTH 39 DEGREES 11 MINUTES 06 SECONDS EAST, A DISTANCE OF 52.26 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 23: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 13.00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST,A DISTANCE OF 139.11 FEET TO POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 130.00 FEET, AN ARC DISTANCE OF 53.71 FEET (CHORD BEARS NORTH 11 DEGREES 52 MINUTES 25 SECONDS WEST, A DISTANCE OF 53.33 FEET) TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED; THENCE CONTINUING NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS 130.00 FEET, AN ARC DISTANCE OF 43.17 FEET (CHORD BEARS NORTH 33 DEGREES 13 MINUTES 22 SECONDS WEST, A DISTANCE OF 42.97 FEET) TO A POINT OF TANGENCY IN SAID LINE; THENCE NORTH 42 DEGREES 44 MINUTES 10 SECONDS WEST, A DISTANCE OF 5.00 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 92.00 FEET, AN ARC DISTANCE OF 29.37 FEET (CHORD BEARS NORTH 51 DEGREES 52 MINUTES 53 SECONDS WEST, A DISTANCE OF 29.24 FEET); THENCE SOUTH 39 DEGREES 11 MINUTES 06 SECONDS WEST,A DISTANCE OF 52.26 FEET; THENCE SOUTH 28 DEGREES 58 MINUTES 24 SECONDS WEST, A DISTANCE OF 23.07 FEET; THENCE SOUTH 40 DEGREES 25 MINUTES 59 SECONDS WEST, A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS 55.00 FEET, AN ARC DISTANCE OF 17.67 FEET (CHORD BEARS SOUTH 40 DEGREES 21 MINUTES 43 SECONDS EAST, A DISTANCE OF 17.60 FEET); THENCE NORTH 66 DEGREES 07 MINUTES 34 SECONDS EAST,A DISTANCE OF 36.04 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,A DISTANCE OF 13.90 FEET;THENCE NORTH 68 DEGREES 15 MINUTES 25 SECONDS EAST,A DISTANCE OF 56.09 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 24: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW 58 ESTATES SUBDIVISION, A DISTANCE OF 13.00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST,A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST, A DISTANCE OF 19.20 FEET; THENCE NORTHWESTERLY ALONG A CURVED LINE CONCAVED SOUTHWESTERLY HAVING A RADIUS OF 130.00 FEET, AN ARC DISTANCE OF 53.71 FEET (CHORD BEARS NORTH 11 DEGREES 52 MINUTES 25 SECONDS WEST,A DISTANCE OF 53.33 FEET);THENCE SOUTH 68 DEGREES 15 MINUTES 25 SECONDS WEST, A DISTANCE OF 56.09 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST,A DISTANCE OF 13.90 FEET; THENCE SOUTH 66 DEGREES 07 MINUTES 34 SECONDS WEST,A DISTANCE OF 36.04 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE; THENCE SOUTHEASTERLY ALONG THE EASTELRY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED WESTERLY HAVING A RADIUS 55.00 FEET, AN ARC DISTANCE OF 38.05 FEET (CHORD BEARS SOUTH 11 DEGREES 20 MINUTES 09 SECONDS EAST,A DISTANCE OF 37.30 FEET); THENCE NORTH 89 DEGREES 38 MINUTES 48 SECONDS EAST, A DISTANCE OF 102.61 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 25: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION, A DISTANCE OF 13.00 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST, A DISTANCE OF 68.91 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED;THENCE CONTINUING NORTH 00 DEGREES 02 MINUTES 15 SECONDS WEST,A DISTANCE OF 51.00 FEET;THENCE SOUTH 89 DEGREES 38 MINUTES 45 SECONDS WEST, A DISTANCE OF 102.61 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE;THENCE SOUTHWESTELRY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVED LINE CONCAVED NORTHWESTERLY HAVING A RADIUS OF 55.00 FEET, AN ARC DISTANCE OF 37.59 FEET (CHORD BEARS SOUTH 28 DEGREES 03 MINUTES 55 SECONDS WEST, A DISTANCE OF 36.86 FEET); THENCE SOUTH 42 DEGREES 21 MINUTES 16 SECONDS EAST, A DISTANCE OF 25.00 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,A DISTANCE OF 103.15 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SINGLE FAMILY UNIT 26: THAT PART OF LOT 2 IN FAIRVIEW ESTATES; BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 22,2005 AS DOCUMENT NUMBER 5821192, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FAIRVIEW ESTATES SUBDIVISION;THENCE SOUTH 89 DEGREES 36 MINUTES 56 SECONDS WEST,ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION,A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING OF THE SITE INTENDED TO BE DESCRIBED: THENCE CONTINUING SOUTH 89 DEGREES 36 59 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FAIRVIEW ESTATES SUBDIVISION,A DISTANCE OF 110.00 FEET; THENCE NORTH 20 DEGREES 10 MINUTES 03 SECONDS WEST,A DISTANCE OF 81.58 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF MARY BELLE CIRCLE;THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID MARY BELLE CIRCLE, BEING A CURVE LINE CONCAVED NORTH ERLYWESTERLY HAVING A RADIUS OF 55.00 FEET, AN ARC DISTANCE OF 21.30 FEET (CHORD BEARS NORTH 58 DEGREES 44 MINUTES 21 SECONDS EAST, A DISTANCE OF 21.17 FEET); THENCE SOUTH 42 DEGREES 21 MINUTES 16 SECONDS EAST, A DISTANCE OF 25.00 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 45 SECONDS EAST,A DISTANCE OF 103.15 FEET;THENCE SOUTH 00 DEGREES 02 MINUTES 15 SECONDS EAST, A DISTANCE OF 68.91 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 60 4 EXHIBIT B—Minutes from the May 18, 2022 Planning &Zoning Commission Meeting 361 Raymond Road Fairview Estates 05/18/2022 MIIINUTIES OIFTIHIE IRIEGUILAIR MIEETIIING OIFTIHIE IPILAININIIING AINID ZOINIIING COMMISSION OIFTIHIE VILLAGE OF IBUIFIFAILO GIROVIE IHNIELD IIINTIHIE COUINCIIIL CHAMINEIRS, 50 IRAUIPIP IBOUILEVAIRID, IBUIFIFAILO GIROVIE, 1111-11-1114011S OIN WEDINIESIDAY, MAY 18, 2022 Call to Order The meeting was called to order at 7:30 If M by Chairman Frank Cesario P u b I i C H 1. Consider an Amendment to the IPlanned Unit of Development at 361 Raymond. (Trustee Johnson) (Staff Contact: ((Nicole Woods) Ms. Woods provided a background on the PUD to allow an addition outside the building blocks. Additionally, Ms. Woods reviewed the history of the property and the proposed addition. Mr. Entman, petitioner's attorney, clarified that it is a room addition. fie reviewed the plans and described the petitioners'circumstances and the reason behind the addition. Fie reviewed the support by the neighbors and the homeowner's association approval. Corry. Richards asked if this creates a precedent within the neighborhood. Mr. Entman believes that the answer is no, but it could spark ideas. Ms. Woods commented on the amendment. She noted that if that were to occur, those petitioners would be evaluated on a case-by-case basis. Corry. Worlikar asked the petitioners to walk through the design of the addition and how it will blend in with the neighborhood. Mr. Pavlovcik,petitioner's architect, reviewed the characteristics of the design. Corry. Worlikar asked if the colors match the existing structure. Mr. Pavlovcki said he cannot attest to the colors1materials at this time. Mr. Entman apologized by not have the colorslmoterials but believe will blend in with the homelexisting structure. Corry. Worlikar asked if there were any concerns from their neighbors. Mr. Youm said there are no complaints from his neighbors, the neighbors are excited. Chairperson Cesario asked to confirm that the homeowner's association agreed. Mr. Entman said yes. The public hearing was closed at 7:52 PM Corry. Khan made a motion to grant a positive recommendation to the Village Board for an amendment to the residential Planned Unit of Development(Ordinance Nos. 2005- 24, 2005-25, 2005-26) to allow for an addition to extend outside the Building Box 18 as shown on the proposed plan subject to the following conditions listed below: 1. The addition shall be installed in accordance with the documents and plans submitted as part of the petition. Corry. Richards seconded the motion. 05/18/2022 Com. Chairperson spoke in favor of the motion and thanked the homeowner for talking with his neighbors. Com. Khan spoke in favor of the motion. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 6/20/2022 7:30 PM AYES: Spunt, Cesano, Khan, Au, Richards, Worlikar ABSENT: Adam Moodhe, Mitchell Weinstein 2. Consider Approval -Amend to IRD, SU, IPlat of Sub, IPrelim & Final IDev IPlan, SU and Var. at Town Center (Trustee Johnson) (Staff Contact: INicole Woods) Ms. Woods provided a background on the PUD amendment for The Clove. Mr. Schoditsch, Kensington, reviewed the PUD amendment to The Clove and walked through the process of combining phase 1 and 2, where previously they were going to do them separately. He went over the changes from the original PUD to the amendment, which is due to the development of Chick-Fil-A in the out lot that has changed the trajectory of the project. Mr. Clark, Lakotakota Group, went through the landscape plan and the walkability plan. Mr. Rea, Kensington, walked through building B explaining what will be replaced and enhanced. Mr. Lurk, with Chick-Fil-A, walked through the Chick-Fil-A plan and how the appearance looks like the rest of the development. He reviewed the canopies that are covering the pick-tip lanes for their employees. Additionally, he reviewed the signage, materials, and colors that will be used. Lastly he talked about the pickup door vs. pickup window that will be part of the development and the dual drive lone. Mr. Wells, Urban Street, reviewed their request for 2 foot increase, which has been brought to their attention as they have moved from the plan design phase to the construction phase. Com. Spunt asked traffic flow. Mr. Schoditsch explained the traffic flow and access points. Com. Spunt asked if there would be any car changers in the lot. Mr. Schoditsch said no. Com. Spunt asked about Bowlaro and what they will be doing with that building. Mr.Schoditsch said they don't own Bowlaro but will be paving their lot. Com. Au asked about the tenants who were going move originally to accommodate Phase 1 and asked what the plan is now for those tenants. Mr. Schoditsch explained the plan for the tenants. Com. Au asked about the drive through lane for Chick Fil A and asked if it was going to be enough room in the que for the number of customers they attract. Mr. Lurk said the current design is to keep traffic off Route 83. He also explained the rest of the traffic flow for cars accessing Chick-Fil-A. 05/18/2022 Corn, Au asked if the cars would back tip on Old Checker Rd, Mr. Lurk said the dual lone will help mitigate the traffic, which is unlike other locations. Com. Au asked if they know how many cars will be at this location at this time. Mr. Lurk said he does not. Mr. Schoditsch noted that in their original traffic study, they included Chick-Fil-A. Mr. Stilling commented that the proposed Chick-Fil-A would have a 25-stack ability, close to three times what the Village requires. Com. Richards asked about the safety of those who will have to throw out trash given the proposed location of the dumpster. Mr. Lurk reviewed the dumpster location and reviewed the safety precautions. Com. Richards asked if traffic would impact people walking. Mr. Lurk said it is no different from other locations. Mr. Schoditsch said there are other safety precautions in place to make sure those who park can safely enter Chick-Fil-A. Corn, Richards asked about the landscape and softening tip the area with more landscape. Mr. Schoditsch said they have tried to increase but explained the limitations they have with Bowlaro. Mr. Stilling explained that Bowlaro has a significant amount of control over the parking lot. Com. Spunt asked about the dual lane for Chick-Fil-A. Mr. Lurk explained that the dual lone provides a safe environment for their workers. Chairperson Cesario asked if they are aware of the thirteen conditions that are part of the petitioner's packet created by staff. All Petitioners said yes, they are aware. Chairperson Cesario asked staff if the proposed variations that were part of the original PUD still exist. Ms. Woods said the reason they are back is because the plan has refined. Chairperson Cesario commented that the amendment is modest. Com. Worlikar asked if there is a similar design in other places for Chick-Fil-A with a dual lone that they could see. Mr. Lurk said the one in Algonquin is very similar to the proposed Buffalo Grove Chick-Fil- A, Corry, Khan asked if they have contacted IDOT. Mr. Schoditsch said they have been working with IDOT continuously and have received informal approval from IDOT. Corry, Khan asked if the improvements are enough or if IDOT is asking for more improvements. 05/18/2022 Mr. Schoditsch said they are not making any new request. Com. Spent asked far additional clarification of the retailers who are staying and where they will be going during construction. Mr. Schoditsch went over the communication plan with the tenants, noting that they will be down for ofew months and are aware of the situation and will continue to know what is going on. Com. Worlikor asked if they were going to be making improvements to Old Checker Rd. Mr. Rea said yes, they will be making improvements to Old Checker Rd to Buffolo Grove Road. Mr. Schoditsch thanked the Commission for their time. The public hearing was closed at 8:46 PM. Corn, Khan made a motion to grant approval for an amendment to Planned Development Ordinance No. 86-61, as amended, requesting approval for a special use for mixed use Planned Unit Development and approval of a Final Plot of Subdivision and Preliminary and Final Development Plan approval with Special Uses and Variations for a proposed plan for a 20-acre mixed-use redevelopment center with grocery store, retail, restaurants, and multi family residential at the Buffolo Grove Town Center. Corry, Richards second the motion. Com. Au spoke in favor of the motion. Chairperson Cesorio spoke in favor of the motion. RESULT: APPROVED [UNANIMOUS] AYES: Spunt, Cesano, Khan, Au, Richards, Worlikar ABSENT: Adam Moodhe, Mitchell Weinstein atguLa�� Other Matters for Discussion 1. Workshop - IProposed Retail Building at 41 S McHenry (Trustee Pike) (Staff Contact: INicole Woods) Ms. Woods provided a brief background on proposed 10,000 square feet retail building at 41 S. McHenry Rd. Mr. Goltz provided addition background on the development of the proposed development at 41 S. McHenry Rd. Corry, Spent asked if it would be better positioned in The Clove. Mr. Goltz said it is more complementary to the Clove with the hospital in mind. Com. Spent asked the petitioner to explain Wild Fork. Mr. Goltz described the tenant as grab and go establishment. Ms. Woods commented on the development and why the development works in accordance with the Lake Cook Road Corridor plan. Com. Au explained more on Wildfork. 05/18/2022 Coo. Au asked if the parking needs to be reconfig tired for drivers who do delivery. Mr. Goltz explained the grab n go concepts, which puts no additional pressure or stress on parking. Com. Worlikar asked about access and traffic flow to the proposed retail development. Mr. Goltz said the access will remain what it is today. Com. Richards asked if the vet clinic was 24 hours. Mr. Goltz said no. Chairperson Cesario said the elevation is beautiful and really likes the concept design. Mr. Goltz thanked the Chairperson Cesario. Chairperson Cesario asked if they had any question they would like answered by the Commission. Mr. Goltz said no. Chairperson asked staff if they have anything they want the Commission to ask. Staff said no. AXIS E2XRL2LMiBR1§LS 1. Planning and Zoning Commission - Regular(Meeting -Apr 20, 2022 7:30 IRM RESULT: ACCEPTED [5 TO 0] AYES: Spunt, Cesario, Ad, Richards, Worlikar ABSTAIN: Zill Khan ABSENT: Adam Moodhe, Mitchell Weinstein Cha1iirmgn:a_!3gR2g Chairperson Cesario congratulated the current members of the IPZC on their reappointment to the Commission and went of the new addition to the Commission. Committee and L1iajR2n_R222[!s Chairperson Cesario provided a report of the Village Board meeting he attended. Staff �Ms. Woods provided an overview of what the future agenda schedule will be. Public Comments and Questions A129=nt- The meeting was adjourned at 9:12 IRM 05/18/2022 Chris Stilling APPROVED BY IME THIS 18th DAY OF mgy-, 2022