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Home My WebLink About88-1122 Union National Bank Covenant 'r I laa DECLARATION OF RESTRICTIONS THIS DECLARATION, made this 22nd day of November, 1988, by UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN, a National Banking Association, not personally or individually, but solely as Trustee under Trust Agreement dated February 10, 1983, and known as Trust No. 1317 ( "Declarant" ) , py WITNESSETH: C 0 WHEREAS, Declarant is the record title owner of the real estate located in the City of Elgin, Kane County, Illinois, and legally described as follows ( "Subject Parcel" ) : PARCEL 1: Lots 1, 2, 3, 4, 5, and 6 in Block 6 of Walter G. McIntosh and Company's "Fox River Farms" , in the City of Elgin, Kane County, Illinois . PARCEL 2: That part of Maple Street, a public right-of-way of the City of Elgin, Illinois, heretofore vacated by said City bounded on the south by the Northerly right- of-way line of the public highway known as United States Route No. 20 and bounded on the north by a straight line connecting the northwest corner of Lot 6 in Block 6 with the northeast corner of Lot 12 in Block 5 of Walter G. McIntosh and Company's "Fox River Farms" , in the City of Elgin, Kane County, Illinois; and WHEREAS, the City of Elgin ( "City" ) , in connection with a rezoning and special use approval with respect to certain parcels of real estate adjacent to the Subject Parcel, has requested that the Declarant restrict the use of the business 1 being operated on the Subject Parcel in order to maintain adequate parking on the Subject Parcel and the "Adjacent Parcels" , hereinafter defined, for the benefit of all businesses located thereon; NOW, THEREFORE, Declarant declares and covenants that the Subject Parcel is and shall be held, transferred, sold, conveyed, occupied, and used subject to the restrictions hereinafter set forth. A. For all purposes of this Declaration, the term "Adjacent Parcels" shall be deemed to refer to those parcels adjacent to the Subject Parcel which are hereinfter described: PARCEL ONE: Lots 5, 6, 7, 8, 9, 10, 11, 12, and 13 in Block 5 of Walter G. McIntosh and Company's "Fox River Farms, " in the City of Elgin, Kane County, Illinois. PARCEL TWO: That part of Maple Street, a public right- of-way of the City of Elgin, Illinois, heretofore vacated by said City bounded on the south by a straight line connecting the Northwest corner of Lot 6 in Block 6 with the Northeast corner of Lot 12 in Block 5 and bounded on the North by a straight line connecting the Northwest corner of Lot 7 in Block 6 with the Northeast corner of Lot 13 in Block 5 all in Walter G. McIntosh and Company's "Fox River Farms" , in the City of Elgin, Kane County, Illinois. PARCEL THREE: Lot 7 in Block 6 of Walter G. McIntosh and Company's "Fox River Farms" , in the City of Elgin, Kane County, Illinois. B. At all times between the hours of 8:00 A.M. and 5:00 P.M. in which a restaurant/cocktail lounge/banquet facility business is being operated on the Subject Parcel, no more than 2 14, 730 square feet of floor area in said restaurant/cocktail lounge/banquet facility shall be in use at a given time. C. The provisions of this Declaration shall be construed as covenants and to the fullest extent legally possible shall run with the Subject Parcel and constitute equitable servitudes upon the Subject Parcel and (unless modified or terminated in the manner hereinafter set forth) shall be perpetual . This Declaration shall create privity of contract and estate with and among all grantees of all or any part of the Subject Parcel and the Adjacent Parcels, their successors and assigns. D. This Declaration may be modified or terminated at any time by all the owners of the Subject Parcel and the Adjacent Parcels provided, however, that this Declaration shall be deemed terminated and of no further force or effect at such time as the Subject Parcel is no longer used for a restaurant/ cocktail lounge/banquet facility business and the City has evidenced its consent to such termination by written, recordable document specifically referring to this paragraph D. E. This Declaration is executed by Union National Bank and Trust Company of Elgin, as Trustee aforesaid and not individually, in the exercise of the power and authority conferred upon and vested in it as such Trustee (and Union National Bank and Trust Company of Elgin hereby warrants that is 3 possesses full power and authority to execute this insturment) . It is expressly understood and agreed by every person hereafter claiming any interest under this Declaration that Union National Bank and Trust Company of Elgin, as Trustee as aforesaid and not personally, has joined in the execution of this Declaration for the sole purpose of subjecting the title holding interest and the trust estate described herein to the terms of this Declaration; that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustee or any of the beneficiaries under such Trust Agreement on account of this Declaration or on account of any representation, obligation, duty, covenant, or agreement of Trustee in this instrument contained either express or implied, all such personal liability, if any, being expressly waived and released; and further, that no duty shall rest upon Trustee to sequester trust assets, rentals, avails, or procees of any kind or otherwise to see to the fulfillment or discharge of any obligation, express or implied, arising under the terms of this Declaration. In the event of conflict between the terms of this Paragarph and of the remainder of this Declaration, or in the event of any question of apparent liability or obligation resting upon Trustee, the exculpatory provision hereof shall be controlling. 4 IN WITNESS WHEREOF, the Declarant has executed this instrument as of the day and year first above written. UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN as Trustee under Trust Agreement dated February 10, 1983, and known as Trust No. 1317 j L i x . / By: la , �� (, C ATT..T: Theresa L Hardy, Operations O/ icer SEE ATTACHED EXCULPATORY LANGUAGE err G Hensley, V' & Cashier ACKNOWLEDGMENT STATE OF ILLINOIS ) )SS COUNTY OF Kane I, MarylliShanholtzer , a Notary Public in and for and residing in Kane County, in the said State aforesaid, do hereby certify that Iheresa L Hardy Operations OfficVAggWigaNiee Bbd(8Ea,ditiA t of UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN, and Jery G Hensley, VP & Cashier , SWVdtbey thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Company, 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 Company did affix the said corporate seal of said Company to said instrument as his own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth. Given under my hand and notarial seal this 22nd day of November, 1988. LW; otary Publi "VA-SES;• I2ER THIS INSTRUMENT PREPARED BYS � Richard L. Heimberg •••• �1,••� c c Collins & Jensen --:?%!,`J" • Brady, McQueen, Martin, � ?• ''� � `' 80 Fountain Square Plaza ``' • P.O. Box 807 ''`, Elgin, IL 60121 (312) 695-2000 It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representa- tions, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the warranties, indemnities, representations , covenants, under- takings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, under- takings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Union National Bank and Trust Company of Elgin or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, under- taking or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. Speed Message. 44-900 .11 //////. §70. , / ' Speed Message To 10411 6 ,e/eurAkelit) From /1/11 $0611/1.i,J, 6) 1-1 af2)r • ____ r i' • • stoect — / id Date AIO v 22 efr 19 ILK ..iv 4111W' , Afir Adir .44111 ../Ale Araur . -Aro 4 I - KANE COLI4TY _ RECORDER DOC* 1944433 GENREC $9.00 GOCRF $2.00 ST $11.00 ST $11.00 CASH $20.00 _ CG $9.00 2 IT Signed 11-22-68 122 88 Cl 0000 14:49