1928 Replacement Agreement (amended 1980)

Agreement Creating the Countryside Lake Association

Recorded February 1, 1928 in Lake County Illinois as Document 312515 (as amended June 27, 1980)

THIS AGREEMENT, made and entered into this 28th day of January, A.D. 1928, by and between the undersigned, WITNESSETH:

WHEREAS, the undersigned include all the parties who executed a certain agreement dated June 19, 1926, filed for record in the Recorder’s Office of Lake County, Illinois, and recorded as document No. 281144, and are the owners of parcels of land referred to in said agreement as the “LAND AREA”, and are the owners of the premises embraced within the section of territory hereinafter in this agreement referred to as the “Land Area”; and

WHEREAS, the undersigned desire to cancel said agreement dated June 19, 1926, and to execute this agreement in substitution thereof;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and in consideration of the sum of One Dollar ($1) paid by each of the undersigned to the others, receipt whereof is hereby acknowledged, the undersigned do agree as follows:

Section 1. Said agreement dated June 19, 1926, is hereby cancelled and superseded by this agreement.

Section 2. The entire tract of land lying within the boundaries described in Exhibit 1 (Revised Exhibits E and F and Exhibits 2 and 3 as of June 27, 1980) hereto attached and hereby made a part hereof, shall for convenience and brevity be hereinafter referred to as the “Land Area”. The parcel of land described in Exhibit 2 hereto attached and hereby made a part hereof shall of convenience and brevity be hereinafter referred to as the “Lake Area”, and a strip of land contiguous to, surrounding and lying between the boundary of said Lake Area and one hundred (100) feet outside of and distance therefrom measured at right angles, shall for convenience and brevity be hereinafter referred to as the “Shore Area”, provided, that the two islands described in said Exhibit 2, shall not be considered a part of the Lake Area or Shore Area, but shall be a part of the Land Area. Attached hereto marked Exhibit 3, and hereby made a part hereof, is a map showing said “Land Area”, “Lake Area”, “Shore Area”, islands and the private roadways hereinafter referred to.

Section 3. The undersigned hereby give, grant and convey to Countryside Lake Association, an Illinois corporation not for pecuniary profit, and the members of said Association the right, privilege and easement to

(1) construct, operate and maintain upon the Lake Area the lake and dam shown on Exhibit 3,

(2) use and enjoy said lake for recreation purposes,

(3) travel by foot over, across and along the Shore Area,

(4) landscape and/or otherwise improve the Shore Area,

(5) construct, operate and maintain bathing beaches, docks, diving platforms, boat houses and bath houses and other improvements of a like character upon the Lake Area and the Shore Area, and

(6) establish and enforce through the Board of Directors of said Association and in the discretion of said Board of Directors, rules and regulations relating to erosion control, drainage, and other activities relating to the Lake Area and Shore Area deemed necessary by them to protect the esthetic qualities of the lake and to control the use and enjoyment of the Lake Area and Shore Area, provided

(a) that said Association shall pay the taxes levied on the Lake Area and Shore Area,

(b) that any owner of any parcel of land of said Land Area containing one acre of more shall be entitled to membership in said Association upon the payment of dues and assessments and complying with the rules and regulations from time to time established by said Association,

(c) that no persons other than owners of parcels of land of one acre or more in said Lake Area shall be members of said Association or entitled to the use and enjoyment of said Lake Area or said Shore Area but membership in said Association shall entitle the members of a member’s family, his guests and lessee or tenant and the members of the family and guests of a lessee or tenant to the use and enjoyment of said Lake Area and said Shore Area, and

(d) that the dues and/or assessments, including initiation fees for all new members and future purchasers of newly developed residences, may be levied on all owners of land within the Land Area (regardless of their status as Association members) to enable the Association through its Board of Directors to carry out the rights granted to it by this instrument including but not limited to the right to seek judicial enforcement of the covenants, easements, restrictions, and other obligations created by this instrument. The obligation to pay such dues and assessments shall constitute both a personal obligation of the property itself which may be recorded with the Lake County Recorder of Deeds and which may be enforced by judicial proceedings against both the owner and the property. Such dues and/or assessments including initiation fees shall be in the amounts set by the Board of Directors and shall be apportioned among the land owners according to a method developed and approved by the Board of Directors of said Association.

Section 4. The undersigned hereby give, grant and convey to the respective owners of each one of said two islands the right, privilege and easement to construct, maintain and use one bridge from each island to the mainland the right to travel by vehicles or otherwise over the portions of the Shore Area lying between each of the bridges and the nearest respective roadway, provided, however, that before either bridge is constructed a plan showing the proposed location of that bridge and the type of construction shall first be submitted to and approved by a 2/3 vote of the Board of Directors of Countryside Lake Association.

Section 5. It is hereby covenanted and agreed by and between the parties hereto that the following covenants and restrictions are and shall apply to all the land embraced within said Land Area (excepting that part heretofore referred to as Shore Area and Lake Area) and said covenants and restrictions shall be binding upon the parties hereto and their successors in title to each construed as covenants running with the land, to-wit:

(a) Said Land Area (excepting that part heretofore referred to as Shore Area and Lake Area) shall be used solely for residential purposes and other purposes and uses consistent with and not objectionable to a purely residential community such as residential dwellings, religious and educational institutions, golf courses and club houses, town, riding, and country clubs of a strictly recreational nature and not operated for profit, and said premises shall not be used for industrial, manufacturing, merchandising or commercial purposes.

(b) Not more than one dwelling house and necessary out-buildings shall be constructed on each acre of said premises.

(d) No residence or other dwelling shall be constructed within seventy-five (75) feet of said Shore Area.

(e) No residence or other building shall be constructed closer to the center line of any of the public highways or private roadways described in Exhibit 4 (Amended as of June 27, 1980) hereof than the total width of such abutting public highway or private roadway. The restrictions set out in sub-paragraphs (b), (d) and (e) of this section shall not apply to either of said two islands. All lots within the Association shall be in conformity with the one acre requirement, although it is recognized that a portion of the property previously considered in determining overall lot size may now be required to be dedicated for street purposes. Therefore, for the purposes of determining the one acre lot requirement of section 5(b) a membership in the Association, ownership of a subdivision lot of at least 40,000 square feet shall be deemed to include one-half of any adjacent street dedicated for public use.

Section 6. The undersigned do hereby grant to the Public Service Company of Northern Illinois and to the Illinois Bell Telephone Company and to their successors and assigns an easement for the extension of their respective electric and telephone lines upon, over, under, in and across all public highways, through or adjoining said Land Area and upon, over, under, in and across the private roadways described in Exhibit 4 (Amended June 27, 1980) hereof, together with the right to install poles and necessary equipment thereon, provided that upon any such highway or private roadway only one set of poles shall be installed, and the undersigned further grants unto Public Service Company of Northern Illinois an easement in perpetuity for the installation, maintenance, and operation of gas mains under the surface of any and all public highways crossing or abutting said Land Area and underneath the surface of said private roadways described in said Exhibit 4 (Amended June 27, 1980).

Section 7. The undersigned hereby give, grant and convey to each other and to their respective successors in title and to all persons who may hereafter be the owner or lessee of any acre of land in said Land Area and to their heirs, agents, servants, and guests from time to time and at all times hereafter, at his or their will and pleasure an easement in perpetuity to go, return, pass and repass, with or without horses, automobiles or other means of conveyance, in, through, upon, along, over and across all of the so-called Private Roadways described in Exhibit 4 (Amended June 27, 1980) hereof. It is further agreed that no fences or other obstructions shall be placed in or upon said Private Roadways other than gates at the intersection of any Private Roadway with a public highway.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written.