HflRY ANN STUKEL 13P R 2004177871

PC2 Date 09/28/2004 Time 10:28:36 Record i ng Fees: 27.00

FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EQUITABLE SERVITUDES, GRANTS AND EASEMENTS AT LAKE FORREST SUBDIVISION PUD.

Prepared by and after recording Mail to Dave Ruttle McKeown, Fitzgerald, Zollner, Buck Hutchinson & Ruttle 2455 Glenwood Ave. Joliet, TL 6435

FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EQUITABLE SERVITUDES,

GRANTS AND EASEMENTS AT LAKE FORREST SUBDIVISION PUD

The undersigned, FIRST MIDWEST BANK, not individually but as a Trustee under Trust

Agreement dated April 26, 1979, and known as Trust No. 6938, FIRST MIDWEST BANK, not

individually, but as a Trustee under Trust Agreement dated April 26, 1979, and known as Trust

No. 72-15390, Constance Persico Burcar, individually, McCoy Farm, LLC, an Illinois limited

liability company, and Lake Forrest of Shorewood, LLC, an Illinois limited liability company,

collectively being referred to as the "Owners" and Kipling Homes, LLC, an Illinois limited

liability company, Developer, being the Owners and Developer, respectively of real estate

commonly known as Lake Forrest Estates and Lake Forrest Pointe, being a subdivision of Lake

Forrest Subdivision, PUD and legally described as follows:

(See Exhibit "A" which is attached hereto and made a part hereof)

do hereby amend the Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable

Servitude's, Grants and Easements which were filed of record with the Wil l County Recorder of

Deeds, W i l l County, Illinois, as Document No. R2O03306317.

W I T N E S S E T H :

WHEREAS, Owners and Developer of the premises described above recorded a

Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitude's, Grants

and Easements with the Will County Recorder of Deeds, Will County, Illinois, as Document No.

R20033063176 on December 19, 2003 (the "CCR's"); and

WHEREAS, pursuant to the terms and provisions of the CCR's, the Developer has the

authority to amend such restrictions or revoke the same by recording in the Office of the Recorder

of Deeds of Will County, Illinois, an instrument declaring such amendment or revocation fully

executed by the Developer; and

WHEREAS, the Developer pursuant to the terms and provisions of the CCR's desires to

amend the same by modifying and adding, respectively, the following provisions:

1. SECTION THREE: SITE PLANNING. SUBSECTION 3.2(b) SHALL BE

DELETED AND THERE SHALL BE SUBSTITUTED IN ITS PLACE AS A NEW

SUBSECTION 3.2(b)THE FOLLOWING:

Al l comer lots shall be deemed to have two front yards with lot lines extending along each right of way. The front yard along the primary facade of the house shall have a set back of not less than forty (40') feet and the secondary front yard shall have a set back of not less than thirty (30') feet to the building or portion thereof erected upon the platted lot in Lake Fonest Pointe. The front yard along the primary facade of the house shall have a set back of not less than thirty (30') feet and the secondary front yard shall have a set back of not less than twenty-five (25') feet to the building or portion thereof erected upon the platted lot in Lake Forrest Estates.

2. SECTION FOUR:. ARCHITECTURAL STANDARDS, SUBSECTION 4.3 (A)

SHALL BE AMENDED BY ADDING THE FOLLOWING TERMS AND PROVISIONS

THERETO:

The provisions of Section 4.3(a) of this Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements, shall not apply to Lot 49 of Lake Forrest Subdivision PUD. Lot 49 of Lake Fonest Subdivision PUD is specifically excluded from complying with the provisions and requirements of Section 4.3 (a) of this Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements.

3. SECTION TEN: MISCELLANEOUS PROVISIONS SHALL BE AMENDED BY

ADDING THE FOLLOWING SUBSECTION 10.3:

10.3 Notwithstanding any provisions to the contrary herein contained, this Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements, to include all provisions thereof and any

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S E P , 27 , 2 0 0 4 3:4m K J P L I N 6 81 5 7 2 5 9 3 7 4 ivu. t o y r

amendments thereto, shall not apply to or be deemed to include Lots 451 and 451A of Lake Forrest Subdivision PUD. Lots 451 and 451A of Lake Forrest Subdivision PUD are specifically excluded from this Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements to include all provisions thereof and any amendments thereto.

IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be

signed on its behalf by its managers, officers and agents on this day of ,

2004.

First Midwest Bank, as Trustee under Trust Agreement dated February 24, 2003, And known as Trust No. 693 8

SEE TRUSTEE'S RIDER ATTACHED HERETO B Y : AND MADE A PARTY HEREOF

Trust Officer ' ~~~

ATTEST;

First Midwest Bank, as Trustee under Trust Agreement dated Apr i l 26, 1979. and known as Trust No. 72-15390 By:

Trust Officer ATTEST;

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MCCOY FARM, L.L.C.

STATE OF ILLINOIS

COUNTY OF WILL ) ss. )

I , the undersigned, a Notary Public in and for said County and State, do hereby certify that

Exec. Vice President of Kipling Dev. Corp, Manager of

McCoy Farm, L.L.C. personally known to me to be the same person whose name is subscribed to

the foregoing instrument as such Manager, appeared before me this day in person and

acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act,

and as the free and voluntary act of the McCoy Farm, L.L.C. for the uses and purposes therein set

forth.

GIVEN under my hand and notarial seal this Ujj] day of C l ^ g ^ 2004.

"OFFICIAL SEAL" P U B U C F KIMBERLY A. DAVIS

COMMISSION EXPIRES 07/31 /OB

r m

Notary Public

(Intentionally Left Blank)

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LAKE FORREST OF SHOREWOOD, LLC

STATE OF ILLINOIS ) ) SS. )

BY: Kj, By: C

COUNTY OF WILL

I , the undersigned, a Notary Public in and for said County and State, do hereby certify that

Lake Forrest of Shorewood, L.L.C. personally known to me to be the same person whose name is

subscribed to the foregoing instrument as such Manager, appeared before me this day in person

and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary

act, and as the free and voluntary act of the Lake Forrest of Shorewood, L.L.C. for the uses and

purposes therein set forth.

that _Exec. Vice President of Kipling Dev. Corp., Manager of

GIVEN under my hand and notarial seal this day of U O l V l l i r 2004

COMMISSION 6XP1RES 07/31/08 :

OFFICIAL SEAL j KIMBERLY A. DAVIS j

TfTT-J

iL>=

(Intentionally Left Blank)

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STATE OF ILLINOIS

COUNTY OF WILL

) ) ss. )

bpmeo^Sorporation

I , the undersigned, a Notary Public in and for said County and State, do hereby certify that

t h a u ^ H ^ ^ S ^ Q Q - k ^ Exec. Vice President of Kipling Dev. Corp. Manager of

Kipling Homes, L.L.C. personally known to me to be the same person whose name is subscribed

to the foregoing instrument as such Manager, appeared before me this day in person and

acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act,

and as the free and voluntary act of the Kipling Homes, L.L.C. for the uses and purposes therein

set forth.

GIVEN under my hand and notarial seal this day of Qw/Vidt' , 2004.

£ "OFFICIAL SEAL" VSmSrF KIMBERLY A. DAVIS E l gSSJ COMMISSION EXPIRES 07/31 /OB I

anarxxxsu

Notary Pu

(Intentionally Left Blank)

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Comstance Persico Burcar

STATE OF ILLINOIS ) ) SS

COUNTY OF WILL )

I , theundersigned, in and for the said County, in the State aforesaid, DO HEREBY CERTIFY, That Constance Persico Burcar who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such individual, appeared before me this day in person and severally acknowledged that she signed, sealed and delivered the said mstrument for the uses and purposes therein set forth, as her free and voluntary act.

GIVEN under my hand and seal this

"OFFICIAL SEAL" Row Arias Angeles

Notary Public, State of Illinois My Commission Expires 8-21-2005

2004.

NOTARY PUBLIC

(Intentionally Left Blank)

RIDER ATTACHED AND MADE A PART OF Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements,

Lake Forrest Subdivision DATED October 18, 2003

This instrument is executed by FIRST MIDWEST BANK, not personally, but solely as

Trustee under Trust No. 6938, in the exercise of the power and authority conferred upon and

vested in its as such Trustee. Al l the terms, provisions, stipulations, covenants and conditions to

be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid,

and not individually, and all statements herein made are made on information and belief and are to

be construed accordingly, and no personal liability shall be asserted or be enforceable against

FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants

and/or statements contained in this instrument.

In witness whereof, the undersigned corporation, not personally, but as trustee as aforesaid, has caused these presents to be signed by its Trust Officer and its corporate seal to be hereunto affixed and attested by its Trust Officer this ^/^xiay of y ^ ^ £ ^ ? ^ * < 2 0 0 4 .

First Midwest Bank, as Trustee as aforesaid and not personally.

BY: /rj ^ Trust Officer

Attest:

STATE OF ILLINOIS } SS)

COUNTY OF WILL )

Trust Officer / /

I the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that • Rosa Arias Angeles , Trust Officer of FIRST MIDWEST BANK, and

DONNA J. W R Q 3 E L , the attesting Officer thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Trust Officer and the attesting Officer 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

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voluntary act of said Bank, for the uses and purposes therein set forth; and the said attesting Officer did also them and there acknowledge that he as custodian of the corporate seal o f said Bank, did affix the said corporate seal of said Bank instrument as his own free and voluntary act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth.

GIVEN under my hand and Notarial Seal this ^ 7 day of -x W^e.^Jai 2004

NOTARY^PUBLIC

OFFICIAL SEAL AW M SUTTER.

WTARYPUBUC-StWOFIUJNas

(Intentionally left blank)

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RIDER ATTACHED AND MADE A PART OF Declaration of Covenants, Conditions, Restrictions, Reservations, Equitable Servitudes, Grants and Easements,

Lake Forrest Subdivision DATED October 18,2003

This instrument is executed by FIRST MIDWEST BANK, not personally, but solely as

Trustee under Trust No. 72-15390, in the exercise of the power and authority conferred upon and

vested in its as such Trustee. All the terms, provisions, stipulations, covenants and conditions to

be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid,

and not individually, and all statements herein made are made on information and belief and are to

be construed accordingly, and no personal liability shall be asserted or be enforceable against

FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants

and/or statements contained in this instrument.

In witness whereof, the undersigned corporation, not personally, but as trustee as aforesaid, has caused these presents to be signed by its Trust Officer and its^corporate seal to be hereunto affixed and attested by its Trust Officer this /T^day of ^ ^ ^ w ^ v , 2004.

STATE OF ILLINOIS } SS)

COUNTY OF WILL )

I the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Rosa Arias Angeles, Trust Officer of FIRST MIDWEST BANK, and DONNA J . W R O B E L the attesting Officer thereof, personally known to me to be the same

persons whose names are subscribed to the foregoing instrument as such Trust Officer and the

cer J/

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attesting Officer 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 Bank, for the uses and purposes therein set forth; and the said attesting Officer did also them and there acknowledge that he as custodian of the corporate seal of said Bank, did affix the said corporate seal of said Bank instrument as his own free.and voluntary act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth.

GIVEN under my hand and Notarial Seal this day of AJ 7J ytf)yyfjJtfA , 2004

NOTARY PUBLIC

(Intentionally left blank)

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EXHIBIT "A"

LEGAL DESCRIPTION

LOTS 1 THRU 4A ; 5, 5A, 6 THRU 16, 16A, 17, 17A 18, ISA, 19, 19A, 20, 20A, 221 A, 22, 22A, 23, 23A, 24, 24A, 25, 25A, 27, 27A, 28, THRU 41, 41A, 42, 43A, 44, 44A, 45A, 46 THRU 48, 52, 105 THRU 109, 153 THRU 240, 449, 449A, AND 450 IN LAKE FORREST ESTATES UNIT ONE, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 35 NORTH, RANGE EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 9, 2003, AS DOCUMENT NO. 52003-299046, IN WILL COUNTY, ILLINOIS.

PIN: PART OF 06-20-200-025 AND PART OF 06-20-400-003 AND ALL OF 06-20-400-004 THRU 006

COMMON ADDRESS: RIVER ROAD, AND MOUND ROAD, SHOREWOOD, IL 60431

LOTS 49, 49A, 50, 51, 451 AND 451A IN LAKE FORREST ESTATES UNIT ONE, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 35 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 9, 2003, AS DOCUMENT NO R2003-299046, IN WILL COUNTY, ILLINOIS.

PIN: PART OF 06-20-200-025 AND PART OF 06-20-400-003 AND ALL OF 06-20-400-004 THRU 006

ADDRESS: 24865 W. LAKE FORREST LANE OR 21239 S. PERSICO CT. (LOT 49 & 49A) 21246 S. PERSICO CT. (LOT 50) 21242 S. PERSICO CT. OR 24915 W. LAKE FORREST LN. (LOT 51)

This Instrument Prepared By: DAVID L. RUTTLE McKeown, Fitzgerald, Zollner, Buck, Hutchison & Ruttle . 2455 Glenwood Avenue Joliet, Illinois 60435 (815) 729-4800

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