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HomeMy WebLinkAboutOrdinance #1551~ ? 1 ~ ORDINANCE NO. 1551 AN ORDINANCE APPROVING A MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENTERPRISE INDUSTRIAL DISTRICT FOR THE CITY OF CANTON, ILLINOIS WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of said Master Declaration of Covenants, Conditions and Restrictions, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Master Declaration of Covenants, Conditions and Restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Master Declaration of Covenants, Conditions and Restrictions, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved pursuant to the terms and conditions set forth therein. 2. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 1 5th day of July, 1997, upon a roll call vote as follows: AYES: Aldermen Hartford, Molleck, P'h.illips, Sarff, Meade, Nidiffer, May, Shores. NAYS: None. ABSENT: Nom, AP VED: ,C Donald E. Edwards, Mayor Attest: ~._ Nancy White City Clerk. ********************************************************************** The above space for recording purposes MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The CITY OF CANTON, an Illinois municipal corporation, on the day and date shown at the end hereof makes this Master Declaration of Covenants, Conditions and Restrictions pursuant to a reservation contained in each deed of lots heretofore conveyed and as owner of lots remaining for the purpose of establishing a general plan for the development of the (Canton) Enterprise Industrial District, [a subdivision, plat recorded on October 26, 1984, Slide 215, Fulton County, Illinois land records] so that all of the lots listed in Exhibit A will be held, occupied, sold and conveyed subject to the following easements, restrictions, covenants, conditions, liens and charges set out in this Declaration and referred to as the restrictions, all of which shall run with the real property described in Exhibit A and be binding on all parties having any right, title, or interest in the property or any part thereof, and on their heirs, successors and assigns. These restrictions inure to the benefit of each owner of the real property described in Exhibit A and every part of it as a servitude in favor of each and every parcel of it as the dominant tenant and may be enforced by the Declarant, its successors and assigns, each owner (as defined herein) or the owners' successors and assigns. ARTICLE I Unless the context otherwise specifies or requires, the following words or phrases, when used in this Declaration have the meaning specified here: A. Declarant means the Cityof Canton, an Illinois municipal corporation and its successors and assigns. B. Lot means a legally described plot of real estate as shown on the recorded subdivision plat. C. Restrictions means this Declaration, together with any and all suggested declarations which may be adopted by Declarant. D. Master Declarations means this instrument as amended from time to time. E. Owner means either Declarant or any person who is either the grantee of the fee simple estate by conveyance or his/her successor or assign or the purchaser under a contract for deed for a lot in the Canton Enterprise Industrial District. F. Person means the natural individual or any other entity with the legal right to own or hold title to real property. ARTICLE II GENERAL RESTRICTIONS A. No lot may be used for any residential purpose including overnight parking of occupied recreational vehicles. B. No action can be taken nor can any use be made of lots or parts thereof within the Canton Enterprise Industrial District which constitutes a nuisance or violates any applicable public law, ordinance or regulations. C. No shed, tent or temporary building can be erected, maintained or used on any lot. However, temporary buildings for use and used only for purposes incidental to the initial construction of improvements can be constructed provided that the temporary buildings are promptly removed within 30 days after completion of the construction work. D. Business signs of the customary and usual nature are permitted provided however: (1) That no flashing. signs are permitted (2) That there be no more than two signs per business. These may be double sided but may not exceed 50 square feet per side. (3) That if a sign ordinance be adopted by the City of Canton, said ordinance shall apply except in cases of conflict when these restrictions shall apply. E. No weeds, rubbish, debris objects or material of any kind can be placed or permitted to accumulate on any portion of any property that renders that portion unsanitary, unsightly, offensive or detrimental to any property in its vicinity. F. No noxious or offensive trade or activity can be carried on upon any portion of the property nor shall anything be done or maintained on the property that is or becomes an annoyance or nuisance to neighboring properties. G. No disabled or inoperative machinery or equipment may be allowed to remain on any lot for more than 30 days. No machinery or equipment of any kind can be placed operated or maintained on any lot except machinery or equipment that is usual and customary in connection with the basic use of the property. H. No salvage yards or junkyards as the same are defined by the city zoning ordinance shall be permitted. ARTICLE. Ill GENERAL PROVISIONS lj Terms: The covenants, conditions and restrictions of this Declaration shall run until October 30, 2009. After that date, covenants, conditions and restrictions are automatically extended for successive periods of ten years each unless extinguished or amended by a written instrument executed by at least 75 percent of the owners of lots in Canton's Enterprise Industrial District,. approved by the Canton City Council and recorded with the Fulton County Land Records. 2) Right of Enforcement: Except as otherwise provided in this Declaration, the City or any owner of any lots within the Enterprise Industrial District has the right to enforce any or all of the provisions of these restrictions on any property within the Enterprise Industrial District and its owners. 3) Violations and Nuisance: Every act or omission where any provision of these restrictions is violated in whole or in part is here declared to be a nuisance and can be enjoined or abated, whether or not the relief sought is for negative or affirmative action by Declarant, or any owners of lots within the Enterprise Industrical District. However, any other provisions to the contrary notwithstanding,. only Declarant, can enforce by self-help any of the provisions of these restrictions, and only if the self-help is preceded by reasonable notice to the.. owner involved. 4) Violation of Law: Any violation of any state, municipal, or local law, ordinance, or regulation pertaining to the ownership occupation, or use of any property within Enterprise Industrial District is hereby declared to be a violation of the restrictions and subject to any or all of the enforcement procedures set forth in these restrictions. 5) Captions. All captions and titles used in this Declaration are intended solely for convenience or reference and do not affect the substance set forth in any provision. ARTICLE IV MORTGAGE PROTECTION Mortgage priority shall be maintained in that no breach of the covenants, conditions or restrictions contained in this Declaration shall affect, impair, defeat or render invalid the lien or charge of any mortgage made in good faith and for a value encumbering any lot. All covenants and restrictions are binding upon any owner whose title is derived through foreclosure, deed in lieu of foreclosure or otherwise with respect to a lot. Exhibit A Lots 1 through 23 and Outlots 1 through 2A of Enterprise Industrial District, City of Canton, Fulton County, Illinois. ~ ~ ~.0 i ~ ~Kal~ ~~7 Q a~oc~~ r~~~~, ape ~~~~ i~~ ~~Ru~3 ~~1~-P t~ yp u ~~ (, .~ ;7~ ° U, ~~ 5~ ~Q,~ 15 e C" ` ~ ~~ ~~ -s.~+.s. ~ ~""~ Nvc~ oc~~~ ~~ ray ~i~~ ~EmPt~ a e A - n~ 1 r~ ~~/~'f ~,\ i BIER ~ -~ Ts ~ GRAU~~~ C E R T I F I C A T E STATE OF ILLINOIS, CITY OF CANTON, COUNTY OF FULTON. I, Nancy Whi County of Fulton as the City Cler records, minutes, of said City, and of SS. tes, City Clerk of the City of Canton, in the and State of Illinois, do hereby certify that k of the City of Canton, I am the keeper of ordinances and other books, records and papers that the foregoing is a true and correct copy ORDINANCE N0. 1551 AN ORDINANCE APPROVING A MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENTERPRISE INDUSTRIAL DISTRICT FOR THE CITY OF CANTON, ILLINOIS. adopted by the City Council of said City and approved by the Mayor thereof on the 15 day of July 19 97 . WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 1 th day of July 19~_. (Nanc Whites), City Clerk (S E A L) I~ 8~.~~Ja~! 4°•'~~y ~°~ yir~ I- r I~IAIA Nf1 ! 1{'•"~ :aS •.r, '•3!l'ie .. ii..~..1etlVW ~1~V~" ~ ~1J..151~r e,rv "t_i~,b iq8' n ~~~~~~,',7''"I! : R•. ~!l1~.JIF moo. ~r.~r~- 1~a~~ a~ ~A~ lgg7 ~u~+~...~~inK v n~.wr~w".~i ORDINANCE 1551 AN ORDINANCE APPROVING A MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENTERPRISE INDUSTRIAL DISTRICT FOR THE CITY OF CANTON, ILLINOIS. ~gl~"~ ~~€~ci~+~f ~, z~ Hisao P,~NJh~ A~TM~ C E R T I F I C A T E STATE OF ILLINOIS, ) CITY OF CANTON, ) COUNTY OF FULTON. ) SS. I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, do hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct copy of ORDINANCE N0. 1551 AN ORDINANCE APPROVING A MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENTERPRISE INDUSTRIAL DISTRICT FOR THE CITY OF CANTON, ILLINOIS. adopted by the City Council of said City and approved by the Mayor thereof on the 15 day of July 19~~. WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 1 th day of July 19,87,.__• t (N~nc~'~hi't$~) ~ City Clerk . •~='~ ~~~ (1 A ~° r.~~ ~, r, s ;r 3 ~ a~~ ~ rsr~E~ A~~Ep)iY ~5 ~- : A ~ 3 P aqn ORDINANCE NO. 1551 AN ORDINANCE APPROVING A MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENTERPRISE INDUSTRIAL DISTRICT FOR THE CITY OF CANTON, II.LINOIS WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of said Master Declaration of Covenants, Conditions and Restrictions, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Master Declaration of Covenants, Conditions and Restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Master Declaration of Covenants, Conditions and Restrictions, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved pursuant to the terms and conditions set forth therein. 2. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 15th day of July, 1997, upon a roll call vote as follows: AYES: Aldermen Hartford, Nblleck, Phillips, Sarff, Meade, Nidiffer, May, Shores. NAYS: None. ABSENT: Nom, AP VE/D: h2a~L ~" Donald E. Edwards, Mayor Attest: Nancy White City Clerk. ********************************************************************** (The above space for recording purposes MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The CITY OF CANTON, an Illinois municipal corporation, on the day and date shown at the end hereof makes this Master Declaration of Covenants, Conditions and Restrictions pursuant to a reservation contained in each deed of lots heretofore conveyed and as owner of lots remaining for the purpose of establishing a general plan for the development of the (Canton) Enterprise Industrial District, [a subdivision, plat recorded on October 26, 1984, Slide 215, Fulton County, Illinois land records] so that all of the lots listed in Exhibit A will be held, occupied, sold and conveyed subject to the following easements, restrictions, covenants, conditions, liens and charges set out in this Declaration and referred to as the restrictions, all of which shall run with the real property described in Exhibit A and be binding on all parties having any right, title, or interest in the property or any part thereof, and on their heirs, successors and assigns. These restrictions inure to the benefit of each owner of the real property described in Exhibit A and every part of it as a servitude in favor of each and every parcel of it as the dominant tenant and may be enforced by the Declarant, its successors and assigns, each owner (as defined herein) or the owners' successors and assigns. ARTICLE I Unless the context otherwise specifies or requires, the following words or phrases, when used in this Declaration have the meaning specified here: A. Declarant means the Cityof canton, an Illinois municipal corporation and its successors and assigns. B. Lot means a legally described plot of real estate as shown on the recorded subdivision plat. C. Restrictions means this Declaration, together with any and all suggested declarations which may be adopted by Declarant. D. Master Declarations means this instrument as amended from time to time. pk 3 Pe a9~ Q~3 P~ aqa E. Owner means either Declarant or any person who is either the grantee of the fee simple estate by conveyance or his/her successor or assign or the purchaser under a contract for deed for a lot in the Canton Enterprise Industrial District. F. Person means the natural individual or any other entity with the legal right to own or hold title to real property. ARTICLE. II GENERAL RESTRICTIONS A. No lot may be used for any residential purpose including overnight parking of occupied recreational vehicles. B. No action can be taken nor can any use be made of lots or parts thereof within the Canton Enterprise Industrial District which constitutes a nuisance or violates any applicable public law, ordinance or regulations. C. No shed, tent or temporary building can be erected, maintained or used on any lot. However, temporary buildings for use and used only for purposes incidental to the initial construction of improvements can be constructed provided that the temporary buildings are promptly removed within 30 days after completion of the construction work. D. Business signs of the customary and usual nature are permitted provided however: (1) That no flashing, signs are permitted (2) That there be no more than two signs per business. These may be double sided but may not exceed 50 square feet per side. (3) That if a sign ordinance be adopted by the City of Canton, said ordinance shall apply except in cases of conflict when these restrictions shall apply. E. No weeds, rubbish, debris objects or material of any kind can be placed or permitted to accumulate on any portion of any property that renders that portion unsanitary, unsightly, offensive or detrimental to any property in its vicinity. F. No noxious or offensive trade or activity can be carried on upon any portion of the property nor shall anything be done or maintained on the property that is or becomes an annoyance or nuisance to neighboring properties. G. No disabled or inoperative machinery or equipment may be allowed to remain on any lot for more than 30 days. No machinery or equipment of any kind can be placed operated or maintained on any lot except machinery or equipment that is usual and customary in connection with the basic use of the property. H. No salvage yards or junkyards as the same are defined by the city zoning ordinance shall be permitted. ARTICLE. III GENERAL PROVISIONS 1) Terrns: The covenantsi conditions and restrictions of this Declaration shall run until October 30, 2009. After that date, covenants, conditions and restrictions are automatically extended for successive periods of ten years each unless extinguished or amended by a written instrument executed by at least 75 percent of the owners of lots in Canton's Enterprise Industrial District,. approved by the Canton City Council and recorded with the Fulton County Land Records. 2) Right of Enforcement: .Except as otherwise provided in this Declaration, the City or any owner of any lots within the Enterprise Industrial District has the right to enforce any or all of the provisions of these restrictions on any property within the Enterprise Industrial District and its owners. 3) Violations and Nuisance: Every act or omission where any provision of these restrictions is violated in whole or in part is here declared to be a nuisance and can be enjoined or abated, whether or not the relief sought is for negative or affirmative action by Declarant, or any owners of lots within the Enterprise Industrical District. However, any other provisions to the contrary notwithstanding,. only Declarant, can enforce by self-help any of the provisions of these restrictions, and only if the self-help is preceded by reasonable notice to the.. owner involved. 4) Violation of Law: Any violation of any state, municipal, or local law, ordinance, or regulation pertaining to the ownership occupation, or use of any property within Enterprise Industrial District is hereby declared to be a violation of the restrictions and subject to any or all of the enforcement procedures set forth in these restrictions. 5) Captions. All captions and titles used in this Declaration are intended solely for convenience or reference and do not affect the substance set forth in any provision. ARTICLE IY MORTGAGE PROTECTION Mortgage priority shall be maintained in that no breach of the covenants, conditions or restrictions contained in this Declaration shall affect, impair, defeat or render invalid the lien or charge of any mortgage made in good faith and for a value encumbering any lot. All covenants and restrictions are binding upon any owner whose title is derived through foreclosure, deed in lieu of foreclosure or otherwise with respect to a lot. ?,~3 P av3 g~ ~ P~ a9y Exhibit A Lots 1 through 23 and Outlots I through 2A of Enterprise Industrial District, City of Canton, Fulton County, Illinois. ~ ~ ~- ~~ f S f~A~ ~--- ~~ "~~ mad r ~ ' ~~E - ~~d~ ~v7 9 ,~ -•-•- ~~~ ~ ~. -~ . ~' ~~ ~i, Ott a AC. ~ .~ ; ,. ~Q ~ I I~ ~,~11 -, ~~ ~ `` `~ ~ G~AU~~ w.e.~,er a - ~ ~. ~~~ ; Lot t1, ~ ~~..;~~~ ,~, , 1.2 Ae.~ Lot ti let • Iy~ ~ J` ~ ----- ~ a ~ ~-' ~~~ Lot ~ :ass Ae. ,ea,~' 7~°' t 5 ° - -.- - - r ~ ~ Kv ~~ ~'Ot ~ ~'~ Ow1ot t ~~ ~~ is M, aszs ne. ~ ~ ~'1IIt1~1M ~ , Lot n. o>' ~ k, ~ .. ~.~-~~ .. ------ ----- :S~ A~ ~' °~ D ~~t m , ~3y ~f r~ ~1 S Lot is ~t » ~ , - , ~. =- ~ E n~ P ~~o ~e. ,1c, - . -~`~~~ a ,T •,~,,~ ~~ r e .~ ~ _ _ ~airty i ~ ~ ~ - -- - -- i ~ •• ~ ~ ~ ~ '~4 ~ Lof ~- ' alas ~. ,~ .~ ~' a~