Building Restrictions

[This is a copy of the official document and recorded]


WHEREAS, K-B DUNDEE, INC. an Illinois Corporation, is the Owner or has an interest in the parcel of real estate hereinafter described, and

WHEREAS, it is the desire of K-B DUNDEE, INC., to protect the future owners of said parcels of real estate and dwellings which may be constructed thereon with certain minimum restrictions and protective covenants to the end that the community may develop in a desirable manner:

NOW THEREFORE, in consideration of the promises, said K-B DUNDEE, INC. as owner does hereby establish the restrictions and protective covenants which follow hereinafter against this parcel of real estate and does hereby declare that after this date said real estate shall be subject to said building restrictions and protective covenants, which real estate is described as:

All the lots in Pepper Tree Farms Subdivision Unit No 1 being a subdivision in Section 11, Township 42 North, Range 10 East of the Third Principal Meridian, according to Plat thereof filed in the Office of the Recorder of Deeds, Cook County, Illinois, on May 9, 1968 as document number 20484668.

No lot shall be used except for residential purposes and no dwelling shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and on-half stories or 30 feet in height and a private garage for not more than three cars except for Lots A of Block 1 and Lot B of Block 3 which may also be used for recreational, drainage or public purposes.

Minimum ground floor area of any dwelling exclusive of open porches and garages shall be 500 square feet; however, the total living area shall not be less than 900 square feet.

No dwelling shall be located on any lot nearer than 25 feet to the front line. No dwelling shall be nearer than 10 feet to any side lot line, except in unusual instances where a variance from same is permitted by the appropriate governmental authority. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as part of a dwelling; provided; however, that this shall not be construed to permit any portion of a dwelling on a lot to encroach upon another lot. With reference to corner lots, no dwelling shall be located nearer than 25 feet to the front line of one street nor less than 20 feet from the side line of the adjoining street.

No dwelling shall be erected or placed on any site having a width of less than 60 feet at the minimum building front setback line, nor shall any dwelling be erected or placed on any site of less than 9,000 square feet.

Easements for installations and maintenance of public utilities (including electricity, telephone, gas, telegraph, sewer and water) and drainage facilities are reserved as shown on the recorded plat.

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood, provided however, that a recreational, drainage or public use of Lot A Block 1 and Lot B of Block 3 shall not be considered noxious, offensive, annoyance or nuisance.

No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than eight square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period, or signs located on Lot A of Block 1 and Lot B of Block 3 in connection with the use of same.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, or maintained for any commercial use.

No structure of a temporary character, trailer, basements, tent, shack, garage, barn of other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently.

No fencing shall be permitted on any lots nearer to the front lot line than the building setback line, except Lot A of Block 1 and Lot B of Block 3.

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in a sanitary container and shall be kept in a clean and sanitary condition.

No fence, wall, hedge or shrub planting which obstructs sightlines at elevations above three feet above the roadway shall be placed or permitted to remain on any corner within the triangular area formed by the street property lines and a line connecting them at points within 12 feet from the intersection of the street lines or farther than of a rounded property corner as extended. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of the sightlines.

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the then owners of a majority of lots has been recorded, agreeing to change said covenants in whole or in part.

Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or recover damages.

Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto affixed, and has caused its name to be signed in these presents by its President and attested by its Asst. Secretary, this 16th day of November, 1968.