PROTECTIVE COVENANTS
OF
OAKRIDGE SUBDIVISION AND ALL ADDITIONS THERETO
KNOW ALL MEN BY THESE PRESENTS:
That McLEAN COUNTY BANK, as Trustee under the provisions of a Trust Agreement dated the 18th day of November, 1983 and known as McLean County Land Trust No. 856, and LARRY D. BIELFELDT, being the owner and developer, respectively, of Oakridge Subdivision, and being desirous of subjecting said property to the restrictions, covenants, reservations and charges hereinafter set forth, each of which shall inure to the benefit and pass with said property and each and every parcel and lot thereof, and shall apply to and bind the undersigned and their successors and assigns, hereby declare that the property described in Clause I hereof is held and shall be transferred, sold and conveyed, subject to the conditions, restrictions, covenants, reservations and charges hereinafter set forth.
The real property, which is and shall be held and which shall be transferred and sold and conveyed subject to the conditions, restrictions, covenants, reservations and charges with respect to the various portions thereof set forth in the several Clauses and subdivisions of this declaration, is situated in the County of McLean, State of Illinois, and is more particularly described as follows:
SEE EXHIBIT 1
Said property is to be known as Oakridge Subdivision to the City of Bloomington, McLean County, Illinois.
CLAUSE II
To insure the best use and most appropriate development and improvement of each building site therein; to protect the owners of building sites against such improper use of surrounding land as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious appearances; to encourage and secure the erection of attractive homes with appropriate locations on building sites; to secure and maintain proper setbacks from streets and adequate free spaces between structures and in general, to provide adequately for a high-type and quality of improvement on said property and thereby enhance the values of investments made by purchasers of building sites therein, the real property described in Clause I hereof is hereby subject to the following conditions, restrictions, covenants, reservations and charges, to-wit:
(a) The minimum square footage of living space above the ground on each residence constructed shall be as follows:
ranch style - 1,600 square feet on one level;
bi-level - 1,600 square feet on top level;
tri-level - 1,600 square feet on top two levels;
two-story - 2,200 square feet on two levels;
Cape Cod - 1,500 square feet on main floor;
Contemporary - 1,500 square feet on top floor.
Other residence styles shall have written approval of developer as to minimum square footage prior to the commencement of construction, said approval to be given in writing.
(b) All building plans and builders must be approved in writing by developer.
(c) Each residence must be improved with not less than a two-car nor more than a three-car attached garage. The minimum size of any two-car garage shall be 22 feet by 22 feet and each garage shall have a paved driveway from the street to the garage.
(d) The slope of the roof shall be not less than 4/12 pitch
(e) Each residence shall have an exterior facing of stone or brick containing 300 square feet, unless developer determines that the unique design of the residence justifies a waiver or modification of such requirement. Such waiver or modification shall be provided by developer in writing.
(f) New lumber shall be used in construction; no vertical aluminum siding or Masonite siding whatsoever shall be used in construction; no pre-fabricated or enclosed panelized construction shall be allowed and developer, in his discretion, shall determine what construction is pre-fabricated or panelized.
(g) All residences shall have basements or crawl spaces and no construction shall be allowed on slabs. 6 trees not less than one inch in diameter shall be planted within 6 months after initial occupancy and shall be maintained.
(h) All residences constructed on the tract shall have minimum sound proofing construction standards, including R-30 roof insulation, R-19 wall insulation and double glazed exterior windows. These standards are required because the tract is in the take-off and landings pattern of the Bloomington-Normal Airport.
(i) Footing tile systems shall be installed off of the footings so that the bottom of the inside diameter is a minimum of one-half inch below the top of the footings at the high point and has at least 6 inches of fall to the low point.
(j) No footing tile or downspouts shall be connected to the sanitary sewer system; no surface water shall be allowed in the footing tile drainage system, except upon written approval of developer.
(k) All residences shall be set back from the front lot line a minimum of 36 feet.
(l) No out-buildings shall be constructed.
(m) Any damage caused to walks or curbs after the purchase of a lot shall be repaired by the owner of the lot within 90 days following written request by developer.
(n) Construction must be commenced within 18 months following the purchase of a lot; construction of the residence on the lot must be completed within one year of commencement.
(o) No surplus dirt shall be removed from the subdivision and any surplus dirt arising from construction shall be dumped in an area provided for by developer, except as otherwise provided in writing by developer.
(p) All lot owners shall maintain the lots in such manner as to keep grass and weeds mowed so that they do not exceed a height of eight inches, and a failure of a lot owner to comply with this provision shall authorize developer, without notice to the lot owner, to have the lot mowed and to charge the cost thereof to the lot owner and to take legal action against the lot owner to collect for the cost of mowing, if the same has been paid by developer, and further to collect from the lot owner all court costs and reasonable attorney's fees incurred in collecting the mowing charge, whether through negotiation or litigation.
(q) No pets shall be kept in exterior pens or cages and only common household pets shall be allowed; no commercial or barnyard animals shall be allowed in the subdivision.
(r) No travel trailers, recreational type vehicles, mobile homes, boats, boat trailers, motor bikes or trail bikes shall be kept on the lot or in the subdivision except entirely within the garage.
CLAUSE III
All of the foregoing restrictions, reservations and covenants shall run with the land and shall be binding upon all subsequent owners, and all restrictions, reservations and covenants shall be enforceable by each and every lot owner by appropriate legal action in courts of law or equity. In the event that developer or any lot owner must resort to a court of law to enforce any of the foregoing restrictions, reservations or covenants, the lot owner or owners who have violated the same shall be liable and legally responsible for all court costs and reasonable attorney's fees incurred in the enforcement of the same. Any such court actions may be brought to restrain violations, to require corrections or modifications or to recover damages.
CLAUSE IV
The restrictions, reservations and covenants set forth herein shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date that same are recorded, after which time such covenants shall be automatically extended to successive periods of ten years, unless an instrument in writing, executed by the then record owners of a majority of the lots in the subdivision and additions thereto, shall have been recorded in the office of the Recorder of Deeds of McLean County, Illinois, agreeing to change said covenants in whole or in part.
CLAUSE V
Invalidation of any one of the foregoing restrictions, reservations or covenants by judgment or by court order shall in no way affect any of the other provisions which shall remain in full force and effect, and a waiver or modification in any of them by developer as to any particular lot shall not in any way limit, restrict or bar the enforcement of them as to other lots or lot owners.
CLAUSE VI
The undersigned do hereby certify and covenant that they are the owner and developer of all of the property affected by this document and that they are authorized to execute the same.
CLAUSE VII
All lot owners, their heirs, representatives and assigns shall maintain the gravity flow drainage system on the lot owned. In cases where a drainage line adjoins or abuts two properties, the maintenance shall be shared on an equal basis by the lot owners. Repairs in areas other than on lots shall be shared equally by all lot owners above the areas repaired.