8 0 1 3 1 8 9 Tx : 4006208 2012R02859 REC ON: 02/02/2012 CHAMPAIGN COUNTY BARBARA FRASCA* RECOR.DER FEE: 40,00 RI- ISPS Fee: PAGES 19 PLAT ACT: DPI-AT PAGE: STATE OF ILLINOIS COUNTY OF CHAMPAIGN ) SECOND COMBINED, AMENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS FOR ASHLAND PARK SUBDIVISION PHASE Nos. 1, 2, 3 AND 4 This Second Combined, Amended and Restated Declaration of Covenants and Restrictions for Ashland Park Subdivision Phase Nos. 1, 2, 3 and 4 (the "Second Combined Declaration") is made effective the 1st day of February 2012 by T.A.G. Ashland Park, Inc., an Illinois corporation (the "Developer" as successor in interest to Clinton C. Atkins) and to, the fullest extent each remains in force and effect on the date hereof, supersedes each of the following: . the First Combined, Amended and Restated Declaration of Covenants and Restrictions for Ashland Park Subdivision Phases l, 2, 3 and 4 executed by the Developer, and recorded on June 30, 2010 in the Office of the Champaign County Recorder as Document 201 OR 13550 (the "First Combined Declaration"); the Second Restated Declaration of Covenants and Restrictions executed by Clinton C. Atkins as the predecessor Developer (the "Original Developer"), and recorded on June l, 2006 in the Office of the Champaign County Recorder as Document 2006R13879 (the "Second Restated Declaration"); the Restated Declaration of Covenants and Restrictions executed by the Original Developer, and recorded on October 14, 2005 in the Office of the Champaign County Recorder as Document 2005R31249 (the "Restated Declaration"); . the Declaration of Covenants and Restrictions contained in the Ashland Park Subdivision, Phase No. I Owner's Certificate and Dedication executed by the Original Developer, and recorded on October 8, 2004 in the Office of the Champaign County Recorder as Document 2004R32301 (the "Owner's Certificate"), as amended by the First Amendment to Ashland Park Subdivision Phase No. 1 Owner's Certificate and the Dedication executed by the Developer and recorded on August 1, 2005 in the Office of the Champaign County Recorder as Document 2005R22339 (the "First Amendment"); the Restated Ashland Park Subdivision Phase 2 Restated Declaration of Covenants and Restrictions executed by the Original Developer, and recorded on July 23, 2009 in the Office of the Champaign County Recorder as Document 2009R22126 (the "Restated Phase 2 Declaration"); the Declaration of Covenants and Restrictions contained in the Ashland Park Subdivision Phase 2 Owner's Certificate and Restrictive Covenants executed by the Original Developer, and recorded February 22, 2006 in the Office of the Champaign County Recorder as Document 2006R04216 (the "Phase 2 Owner's Certificate"); the Declaration of Covenants and Restrictions contained in the Ashland Park Subdivision Phase No. 3 Owner's Certificate and Restrictive Covenants executed by the Original Developer, and recorded September 1, 2006 in the Office of the Champaign County Recorder as Document 2006R24534 (the "Phase 3 Owner's Certificate"); and the Declaration of Covenants and Restrictions contained in the Ashland Park Subdivision Phase No. 4 Owner's Certificate and Restrictive Covenants executed by the Original Developer, and recorded on September l, 2006 in the Office of the Champaign County Recorder as Document 2006R24544 (the Phase 4 Owner's Certificate"). From the effective date of this Second Combined, Amended and Restated Declaration of Covenants and Restrictions, the Declarations of Covenants and Restrictions contained in the Owner's Certificate, as amended and/or restated by the First Amendment, the Restated Declaration, the Second Restated Declaration of Covenants and Restrictions, the Restated Phase 2 Declaration, the Phase 3 Owner's Certificate, the Phase 4 Owner's Certificate and the First Combined Declaration shall be given no further force and effect. It is hereby provided that all conveyances of property made hereafter by the present or future owners of any of the land described in the Surveyor's Certificates identified in the Owner's Certificate, the Phase 2 Owner's Certificate, the Phase 3 Owner's Certificate, the Phase 4 Owner's Certificate and/or the First Combined Declaration shall, by adopting the description of said platted land as Ashland Park Subdivision, Phase No. l, No. 2, No. 3 and/or No. 4, be taken and understood as incorporating in all such conveyances, without repeating the same, the following covenants and restrictions as being applicable to each tract of land described in said Surveyor's Certificates, and to all lots in all phases of the Ashland Park Subdivision unless otherwise stated. SECOND CONBINED, ANENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS It is the Developer's intention to maintain in the Ashland Park Subdivision a homeowners' association with the power to amend certain provisions of these covenants and restrictions and the covenants and restrictions for any prior and/or subsequent phases of the subdivision, and to otherwise govern matters affecting all lot owners within all phases ofthe Ashland Park Subdivision. 1. Allowable Dwelling Structures. a. No dwelling structure shall be erected, placed or permitted to remain on any such lot other than one detached single-family dwelling occupied exclusively by a single family. b. No dwelling shall exceed two stories in height above grade. C. All dwellings shall be constructed on a basement, crawl space, or slab. d. Each dwelling shall have at least a one-car garage. e. The color of each dwelling must be pre-approved by the Architectural Committee. 2. Architectural Committee: Until they shall resign and turnover authority of the committee to the Association (as. defined below), the Ashland Park Subdivision Architectural Committee shall be composed of the following three (3) persons: l. Susan A. Atkins 2. Mark E. Dixon 3. Michael J. Martin Any action taken by the members of the Architectural Committee shall be considered to be the action ofthe committee. The whole of the Architectural Committee may designate one or more representatives to act for it and may delegate its powers and duties to its representative(s). In the event of the death, resignation, refusal to act or inability to act of any member of the Architectural Committee, the remaining members ofthe committee may designate a successor. After the authority of the Architectural Committee is turned over to the Association, the record owners of 75% of the lots in the entire Ashland Park Subdivision, including all platted and planned phases, shall have the power at any time, by a duly signed, acknowledged and recorded instrument, to change the membership ofthe Architectural Committee, to withdraw any powers and duties from the committee or to restore to it such powers and duties as may have been previously withdrawn. a. Approval by Committee: No construction work shall be commenced upon any structure in the subdivision, including without limitation, fencing, unless the plans and specifications therefore have been submitted to and approved, in writing, by the Architectural Committee as complying with the terms and provisions ofthese covenants and restrictions. The plans and specifications shall show the construction details, including the nature, kind, shape, height, material and color scheme and shall include a plot plan showing the lot lines, required yards, and the proposed location of all structures and the grading plan of the building site. b. Powers and Duties of Committee: The Architectural Committee shall have the following powers and duties: i) To examine and approve or disapprove any plans and specifications submitted to it by a lot owner. ii) To waive up to 25% of any area requirement contained in these covenants and restrictions. iii) To inspect any construction work in progress upon any lot in the subdivision for the purpose of ascertaining whether the applicable provisions ofthese covenants and restrictions are being fully complied with. C. Failure of Committee to Act: In the event a matter requiring action by the Architectural Committee is submitted to the committee in writing and the committee fails to give written notice of its action taken thereon to the lot owner within 30 days thereafter, then the committee shall be conclusively presumed to have approved the matter so submitted to it. 3. Time of Construction: Construction of the dwelling on each lot shall begin within three (3) years of the initial sale of that lot by the Developer. 4. Construction: All buildings erected on any lot shall be constructed of material of good quality suitably adopted for use in the construction of residences, and no old building or buildings shall be placed on or moved to a lot. Accessory buildings on any lot shall not be erected, constructed or maintained prior to the erection or construction of the dwelling. The provisions herein shall not apply to temporary buildings and structures erected by builders in connection with the construction of any dwelling or accessory building and which are promptly removed upon completion of such dwelling or accessory building. 5. Maintenance of Lot Site During Construction: During the course ofconstruction all materials and equipment shall be stored only on the lot on which construction is under way; debris and waste involved in the construction shall be confined to the lot on which construction is underway and shall be removed from the premises each Saturday or be suitably covered. During construction a closing refuse container sufficient in size to handle all waste material generated at the site must be located on the lot on which construction is under way. Lightweight debris shall be stored in containers to avoid blowing upon adjacent lots. No burning of debris shall take place within the Ashland Park Subdivision. The intent ofthis covenant is to maintain and preserve a clean and neat appearance in the subdivision at all times. The Developer reserves the right to clean up any lot it deems necessary and shall have the right to charge the lot owner for the cost of such clean up. 6. Non-Occupancy and Diligence During Construction: The construction of any building or structure shall be prosecuted diligently and continuously from the time of commencement until the exterior construction shall be fully completed and the interior construction is substantially completed, and no such building or structure shall be occupied during the course of original exterior construction or until made to comply with the covenants and restrictions set forth herein. No excavation except as is necessary for the construction of improvements shall be permitted. 7. Sidewalks and Driveways: Each lot owner shall repair and maintain in good condition any sidewalk provided for that owner's lot until such time as the responsibility for repair and maintenance has been accepted by public authorities. Driveways between public walks and residences must be paved with concrete or asphalt. Driveways between the sidewalks and street shall be paved with concrete or asphalt or poured with cement a minimum of six inches (6") thick. 8. Landscaping: All yards shall be either sodded or seeded. 9. Yard Lights: Each lot owner shall erect and maintain in good operating condition a front yard light. Yard lights shall be located at points designated on the lots by the Architectural Committee, and shall be equipped with a photo-electric cell that illuminates during hours of darkness. In the event a lot owners fails to erect and/or maintain in good operating condition a front yard light as required herein, the Association may install and/or repair a yard light and may levy as a special assessment against the lot owner for, and the lot owner shall be responsible for payment of, all reasonable costs incurred in connection with the installation and/or repair. 10. Fences: Fences shall be allowed on individual lots except as otherwise restricted by provisions of these covenants and restrictions. The specification, style and location ofall fences in the subdivision shall be subject to approval by the Architectural Committee and each lot owner shall obtain approval of the specifications and style of a fence prior to installation. Fences on a lot must be designed and constructed of materials that are similar to and blend with those used on the building structure on the lot. Without limitation, fence materials may include vinyl or ornamental metal (e.g., iron and/or steel, excluding chain link), but shall not include chain link or other wire or steel mesh. Fence posts shall be located on the interior side of the fence, and it shall be the individual lot owner's responsibility to install and maintain any fence on its lot in a clean and neat appearance. Any fence not approved for installation shall be removed and replaced as designated by the Architectural Committee. 11. Mailboxes: The specifications, style and location ofall mailboxes in the subdivision shall be subject to approval by the Architectural Committee and each lot owner shall obtain approval ofthe specifications and style of a mailbox prior to installation. It shall be the individual lot owner's responsibility to install and maintain any mailbox on its lot in a clean and neat appearance. Any mailbox not approved for installation shall be removed and replaced as designated by the committee. 12. Accessory Buildings: The specifications, style and location of accessory buildings shall be subject to approval by the Architectural Control Committee. Accessory buildings must be designed and constructed of materials that are similar to and blend with those used on the building structure on the lot. Without limitation, accessory buildings may only be located in the rear yard and must have the same siding and shingles as the dwelling. It shall be the individual lot owner's responsibility to install and maintain any accessory building on its lot in a clean and neat appearance. Any accessory building not approved for installation shall be removed and replaced as designated by the committee. 13. Temporary Residences: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 14. Satellite Dishes: No television satellite dishes in excess of 36" in diameter shall be allowed on any lot. 15. Swimming Pools: No above ground swimming pools shall be allowed on any lot. The prohibition in this paragraph 15 is not intended to prevent the use of plastic and/or inflatable kiddie pools, wading pools and like pools intended for temporary use primarily by children. Such temporary pools may be used on lots, but shall be emptied and stored within the garage on the lot in order to prevent the pools from acting as mosquito and/or other insect breeding habitat. 16. Signs: No signs, including without limitation "For Sale" or "For Rent" signs, advertising or other displays shall be maintained or permitted on any lot except at such location and in such form as may be approved by the Association in its sole discretion. Notwithstanding the forgoing, an individual lot owner may place one (l) standard Realtor's "For Sale" sign or one (1) "For Sale By Owner" sign not to exceed 2'x2' in dimension, on a lot in connection with active efforts to sell the lot. In addition, the Developer expressly reserves the right for himself and/or his agents, as well as successor homebuilders or developers in connection with development of the subdivision, to place "For Sale" signs approved by the Architectural Committee on any unsold or unoccupied lots, and on any part of the common areas. Until all lots are sold by the Developer, the Developer shall be entitled to access, ingress and egress to the subdivision as is necessary in connection with the sale of any lot(s). The Developer shall have the right to use any unsold lot(s) as models for display purposes and to maintain within the subdivision advertising signs in connection therewith. Storage: No building material of any kind or character shall be placed or stored upon a lot until the lot owner is ready to commence construction of improvements and then such materials shall be placed within the property lines of the lot upon which improvements are to be constructed and shall not be placed in the street right-of-way. 18. Parking of Recreational Vehicles: All lot owners who own or possess any type of recreational vehicle, boat, boat trailer, or lake vehicle and intend to store the vehicle(s) on their lot, shall provide an enclosed garage for storage of such vehicle(s) and shall store such vehicle(s) therein at all times. The specifications, style and location of garages for such vehicles shall be subject to approval by the Architectural Control Committee, and must be designed and constructed of materials that are similar to and blend with those used on the building structure on the lot. Without limitation, garages must have the same siding and shingles as the dwelling. Any accessory building not approved for installation shall be removed and replaced as designated by the committee. No motorized off-road vehicles (such as ATVs) shall be operated within the subdivision. 19. Nuisances: 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 neighboring lots. 20. Oil and Mining Operation: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. No person, firm or business organization of any type shall strip, excavate or otherwise remove soil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation of grading incidental thereto. 21. Animals, Livestock, Poultry and Pets: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that no more than two dogs, cats or other common household pets may be kept provided that they are not kept, bred, or maintained for commercial purposes. 22. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All containers or other equipment ofthe storage or disposal of such material shall be kept in a clean and sanitary condition, and will be stored in the garage or otherwise out of sight from the street(s) bordering the lot except on the lot owner's specific trash/garbage collection days on which the lot may leave full containers on the curb, but shall return them to storage within a reasonable time after being emptied by the lot owner's trash/garbage collector. 23. No Deemed Waiver: The failure of the Architectural Committee, any lot owner or the Developer to enforce any ofthe restrictions, conditions, covenants, reservations, liens or charges to which said property, or any part thereof, is subject, shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation, lien or charge. 24. Rental Prohibited: It is the intention of the Developer that the subdivision be developed primarily as an owner occupied development. No building on any lot shall be leased for occupancy by persons other than the owner of the lot or members of the lot owner's immediate family. For purposes of this paragraph 24, immediate family shall include only a lot owner's children, parents, grandparents, siblings, aunts, uncles and/or first cousins. Notwithstanding the foregoing restriction, in the event a lot owner is unable to sell his lot and the improvements thereon after making a bona fide and diligent attempt to do so for a period of at least 120 days and while at all times continuing his bona fide attempt to sell the lot the lot owner may lease the building on the lot for occupancy by persons other than the owner and/or members ofthe owner's immediate family. For purposes of this paragraph 24, a bona fide attempt to sell a lot and the improvements thereon must include, at a minimum, (i) continuously listing the lot and improvements for sale with a licensed Realtor@, (ii) setting a reasonable initial list price considering recent sales of comparable real estate, (iii) continuously advertising the listing in the Multiple Listing Service for Champaign County, Illinois, and (iv) accepting any reasonable offer to purchase the lot and improvements subject to terms and conditions substantially similar those set forth in the then current Champaign County Association of Realtors@Multiple Listing Service Residential Sales Contract. Where a lot owner is authorized as provided herein to lease the building on his lot, the lot owner may do so for single-family residential purposes only, and every lease/rental agreement shall: (a) Be in writing and shall be subject to each and every covenant and restriction applicable to the subdivision, as amended from time to time. (b) Specifically incorporate any and all rules and regulations ofthe Association by reference thereto, and include provisions that any violation of these covenants and restrictions as amended, any rules and regulations of the Association, or the covenants and conditions of the lease/rental agreement itself shall be the basis for termination of the lease/rental agreement. (c) Be submitted to and subject to prior approval of the Association so as to assure compliance with this Paragraph 24. (d) Specifically authorize, but not require, the Association in its sole and absolute discretion to act as an agent for the lot owner for the purpose of enforcing the terms, covenants and conditions of the lease/rental agreement, other than the non-payment ofrent. If a violation ofthe lease/rental agreement is not cured within thirty (30) days or such shorter time as may be provided in the lease/rental agreement, the Association may act to evict or otherwise terminate the lease/rental agreement, subject to Forcible Entry and Detainer laws ofthe State of Illinois. Neither the Association nor any director or officer thereof shall have any liability to the lot owner or the lessee/tenant on account of any action to evict or otherwise terminate a lease/rental agreement. (d) Specifically authorize the lot owner and/or the Association as an agent for the lot owner to terminate the lease/rental agreement upon thirty (30) days notice to the tenant upon a conveyance of the lot and improvements. 25. Vicious and/or Dangerous Animals Prohibited: No Vicious or Dangerous animals, as defined herein, shall be allowed on Ashland Park Subdivision at any time. No owner or tenant shall keep, nor permit anyone to bring any Dangerous or Vicious animal upon any lot within Ashland Park Subdivision nor shall any landlord permit any tenant to keep or bring any Vicious or Dangerous animal onto any lot within Ashland Park Subdivision. For purposes of this paragraph, the following definitions shall apply: Dangerous animal shall mean any individual animal which when either unmuzzled, unleashed, or unattended, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any other place. Vicious animal shall mean: a. Any individual animal that, unprovoked, inflicts bites or attacks a human being or other animal either on public or private property; or b. Any individual animal with a known propensity, tendency or disposition to attack, without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or c. Any individual animal that has a trait or characteristic and a generally known reputation for being vicious or dangerous, or for making unprovoked attacks upon human beings or other animals; or d. Any individual animal which attacks a human being or domestic animal without provocation; or e. Any individual animal which has been found to be a "dangerous animal" upon two (2) separate occasions; or f. Any individual animal that has been trained as an attack or guard dog and is found off the owner's property; or g. Any individual animal that has been trained for fighting or is owned, kept or used for the purpose of fighting; or h. Any individual animal of a commonly understood fighting or attack breed, including, but not limited to, the following breeds: Pit Bulls, Doberman Pinschers, Rotweilers, Akitas and Chows. Any person, whether an owner, landlord, tenant or visitor keeping or bringing a Dangerous or Vicious animal in the Ashland Park Subdivision at any time shall be required to remove the animal from the premises immediately. In the event a Vicious and/or Dangerous animal resided within the Ashland Park Subdivision on or before the effective date of these covenants and restrictions, the following restrictions shall apply: (1) Any owner of a vicious and/or dangerous animal shall immediately register the animal with the Ashland Park Subdivision Homeowners' Association; (2) The dangerous or vicious animal shall be at all times kept securely confined at all times in a locked fenced yard, or other locked enclosure while on the premises of the owner, keeper or harborer. (3) The owner, keeper, or harborer shall display in a conspicuous manner, a sign on his or her premises that there is a vicious and/or dangerous animal on the property. (4) Off of his or her premises, the owner, keeper or harborer shall keep the dangerous or vicious animal: (a) on a leash or tether having a strength of at least 300 pounds and not exceeding three (3) feet in length; and muzzle the animal; or (b) keep the animal in a locked pen, or other locked enclosure (i.e. car or truck), and shall be under the direct control and supervision of an adult physically capable of preventing the animal from causing injury. No owner, keeper, or harborer of a vicious and/or dangerous animal grandfathered under this paragraph may breed, cause to breed, or replace any vicious and/or dangerous animal upon the death of any such animal. 26. Waiver of Restrictions: These restrictive covenants may be waived in whole or in part, as to any one or more lots, by a certificate signed and acknowledged by the Developer as long as he continues to exercise the authority of the Board of Directors of the Association, or after the Developer designates the first Board of Directors signed, acknowledged and recorded by not less than three-fourths ofthe lot owners; however, in no event may the provisions ofParagraph 28 hereof be amended, nor may any owner be voluntarily or involuntarily removed as a member of the association. 27. Enforcement: Enforcement shall be by the proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. 28. Homeowner's Association: Each owner of a lot in Ashland Park Subdivision Phase No. 1, as well as each owner of a lot in any prior or subsequent Phase of the Ashland Park Subdivision shall accept and maintain membership in the Ashland Park Subdivision Homeowners' Association (the "Association") and shall be bound by the reasonable rules and regulations of the Association and shall pay all assessments of the Association as determined in accordance with its Articles of Incorporation, By-Laws and the applicable Declaration of Covenants and Restrictions, and by accepting a deed to a lot each said lot owner agrees to pay such assessments. As of the recording ofthis First Combined Declaration the annual assessment shall be in the amount ofThirtyfive Dollars ($35.00) and future increases to the annual assessment shall not exceed Fifteen Dollars ($15.00) per year unless approved by at least seventy-five percent (75%) of the members of the Association in attendance at a meeting called to consider an increase in such assessments. Any future additions to the Ashland Park Subdivision shall provide for each lot owner to become a member ofthe Association. Beginning on the date a lot in such future additions is first transferred to a third-party that is not affiliated with the Developer, the lot shall be assessed on a pro rata basis for the current year and full years thereafter, and the lot owner shall be a member entitled to vote on Association matters. The Developer shall exercise the authority ofthe Board of Directors ofthe Association until such time as the Developer in his sole discretion, adopts bylaws and designates a first Board of Directors; after the Developer designated Board of Directors, the Board of Directors of the Association shall consist of persons duly elected as provided in the bylaws. 29. Construction: If it shall at any time be held that any of the restrictions, conditions, covenants, reservations, liens or charges herewith provided or any part thereof is invalid or for any reason becomes unenforceable, no other restrictions, conditions, covenants, reservations, liens or charges of any part thereof shall be thereby affected or impaired. 30. Covenants Running With the Land: The foregoing covenants, limitations and restrictions are to run with the land and are binding on all parties and persons claiming under them. T.A.G. ASHLAND PARK, INC. an Illinois corporation, By: Its: STATE OF ILLINOIS COUNTY OF CHAMPAIGN) I, the undersigne , a Notary Public in and for said County, in the state aforesaid, do hereby certify th , personally known to me to be the same person whose name is subscribed to t e foregoing instrument and t e ofT.A.G. Ashland Park, Inc., an Illinois corporation, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this Notary Public OFFICIAL SEAL REBECCA A FOWLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 09/23/2013 This Instrument Prepared by and After Recording Return To: Matt C. Deering MEYER CAPEL, A PROFESSIONAL CORPORATION 306 West Church Street P.O. Box 6750 Champaign, IL 61826-6750 EXHIBIT A LEGAL DESCRIPTIONS ASHLAND PARK SUBDIVISION PHASE NOS. 1, 2, 3 and 4 [See four (4) legal descriptions attached] LEGAL DESCRIPTION ASHLAND PARK SUBDIVISION PHASE NO. 1 A part of the Northwest Quarter of Section 36, Township 20 North, Range 8 East of the Third Principal Meridian, Champaign County, Illinois, being more particularly described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 36, proceed South 000 12' 17" East along the East line of said Northwest Quarter, 25.01. feet to the Southerly Right-of-Way line of Olympian Drive; thence North 880 44' 21" West 1137.92 feet along the Southerly Right-of-Way line of Olympian Drive for the True Point of Beginning; thence South 000 05' 05" East 42.90 feet; thence South 890 54' 55" West 1070.00 feet; thence South 800 23' 33" West 63.71 feet; thence South 520 44' 30" West 101.01 feet; thence South 25 0 35' 03" West 61.59 feet; thence South 000 05' 05" East 952.42 feet; thence North 89 0 54' 55') East 1020.00 feet; thence South 000 05' 05" East 415.50 feet; thence North 89 0 54' 55" East 435.98 feet; thence South 000 05' 05" East 709.00 feet; thence South 890 54' 55" West 75.00 feet; thence South 000 05' 05" East, 346.46 feet to the Northerly Right-of-Way line of Interstate Drive per Right-of-Way Plat ofDedication; thence North 88 0 45' 13" West, 60,02 feet along said Northerly Right-of Way line; thence South 000 05' 05" East along said Right-of-Way line, 17.00 feet; thence West along said Northerly Right-of-Way line of Interstate Drive, along the arc of a curve, concave to South, having a radius of 10033.00 feet, an arc length of 20.00 feet, a chord bearing of North 88 0 58' 39" West and a chord length of 20.00 feet; thence North 00 0 05' 05" West 361.68 feet; thence South 890 54' 55" West 1511.08 feet to the Easterly Right of-Way line of Prospect Avenue; thence North 000 05' 02" West along said Easterly Right-of-Way line, 177.21 feet; thence North 890 55' 05" East along said Easterly Rightof-Way line, 10.00 feet; thence North 000 04' 55" West along said Easterly Right-of-Way line, 400.00 feet; thence South 890 55' 05" West along said Easterly Right-of-Way line, 10.00 feeg thence North 000 04' 55" West along said Easterly Right-of-Way line, 400.00 feet; thence North 890 55' 05" East along said Easterly Right-of-Way line, 10.00 feet; thence North 000 04' 55" West along said Easterly Right-of-Way line, 700:00 feet; thence South 890 55' 05" West along said Easterly Right-of-Way line, 10.00 feet; thence Norul 000 04' 55" West along said Easterly Right-of- Way line, 543.73 feet; thence North 45 0 35' 05" East along said Easterly Right-of-Way line, 55.92 feet; thence South 880 44' 21 " East along said Easterly Right-of-Way line, 26,55 feet; thence North 01 0 15' 39" East along said Easterly Right-of-Way line, 20.00 feet to the Southerly Right-of-Way line of Olympian Drive; thence South 88 0 44' 21 " East along said Southerly Right-of-Way line, 1383.37 feet to the True Point of Beginning, encompassing 46,536 acres, more or less. LEGAL DESCRIPTION ASHLAND PARK PEASE 2 A part of the Quarter of Secdon 36, Township 20 North, Range 8 East Of the mitd Principal Meridian* Champaign County, Illinois, being more particularly described as follows; Commencing al thc Nottheast comer Ofthe Northwest Quarter of said Section 36, proceed South 12' 17+1 East along the East fine ofsaid Northwest Quarter, 2?01 feet to the Southerly Rightuof-Way line of01ympia.n Drive; thence North 880 44' 21" West 1137,92 feet along the Southerly Right-OWay line of Olympian Drive to the Northeast corner of Commons Lot 1172 ofAshland Park Phase i as recorded as Document Number 2004 R 32301 in the Champaign County Recorder's Offoe; thence South 000 05' 054' East 42.90 feet along an East line of said Commons Lot 1172 to the Southeast cornet ofsaid Commons Lot 1172; thence South 890 54' 55'* West 150.00 feet along said South line of Commons Lot 1172 to die True Point of Beginning thalce South 000 05 i .05" East 1122.43 feet; thence south 890 54' west 10.00 feet; thence South 05' 05" East 3.50 feet to a Northeast corner Of said Ashland Park Phase I ; thence South 890 54' 55" West 1020.00 along the North line of said Ashland Park Phase I to a point on the East line ofCommons Lot 1172 of said Ashlnd Park Phase i; ttmce North 000 057 05" West 952.42 feet along said East line of Commons Lot 1172; thence North.2SQ.35' 03" East 61.59 feet along an Easterly line ofsaid Commons Lot 1.172; thence NortA 520 30" East 101,01 feet along an Easterly line of said Commons Lot 1172; thence North 800.23 7 33* East 63.71 along an Easterly line of said CommOns Lot 1172 to pbint on the Southerly line of said Commons Lot 1172; the Nonh 890 54' 557' East 520.00 feet along said Southerly line to the Point ofBeginning, encompassing 26.862 acre* more or less. LEGAL DESCRIPTION ASHLAND PARK SUBDIVISION PHASE NO. 3 A part of the NorthweBE Quar.Cec OE Segtlon 36, Township 20 North, Range 8 East the Third principal Meridian, Champaign County, being mere particularly deecribed as follower with bearings based on datum: Comencing at the Northeaet corner of the Northwest Quarter of said Section 36, proceed South 000 12' '7 n East the Ease line of gaid Nomhweet Quarter, 25.01 Eeet bo Zhe Southerly Right.ot -Way line OE Olyxgpian Drive; thence North 88 0 44 1 2 i " West along said Southerly Right-of-Way line, 499.78 feet for the True Point of Beginn?ng; thence South 00 9 12 8 East along a line 499,62 Test of as meaeured perpendicular to and running parallel with said East line OE the NorEhwegt Quarter, 466.7' feet: 7 thence South 44 1 21 N East along a line 466.62 feet South of measured perpendicular to and running parallel southerly Right e of-Way. line, 466.77 feet to a point 33.00 Eeee West ae measured perpendiculax to eald East line 0K ?he ts.octhwest Quarter; thence south 00 0 12' 17 t! Eagt along a line 33.00 feet West of as measured to and running patallel with East line of the Norehwegt Quavter, 1579.19 feet F thence South 89 e 54 t 55 11 Weger 147+91 feet; thence North 00 0 05' 05" West, 949.50 feet? thence South 55" Nest, 440.98 feet; thence North 1 05" West, 3a50 feet; thence South .89 0 SQ 55" feet to the Southeast comer of Lot: 2135 of Ashland Park Phase 2 recotded as Document .Number 2006R04216 IA the the Recox'der of Deede Chanvaagn Countyr thence Nozth 00 0 05' .05 West along the Easterly line of said ABhIand ?ark Phase 2 r a distance of 1076.00 feet te the corner Int 2038 of saa.d Ashland Park Phase 2; thende North 89 0 54' 55" along southerly line of Commons LOC 1172 OC Ashland Park Phage I ag recorded as Document Nun.ber 2004R323D1 in the Office of the Recorder af Deeds for Champaign County, Illinois, 150.00 feet; thence Notth 00 0 05 1 05" West along the Easterly I ine of said Cotrgr?ns Int 1172, a distance of 42.90 feet to the Northeaet of gaid Commons tot 1172 and said Southerly Right-otWay line of Olympian Drive; thence South 880 44t 21" East along ga.id Southerly Right-of-Way liner 638.14 feet to the True Point of Beglnnang, encotr*aglng 30 .027B acres, rtm:e or LEGAL DESCRIPTION ASHLAND PARK SUBDIVISION PHASE NO, 4 part of the Northwest Quarter of section 36, Township 20 North, Range B East OE the Third Principal Meridian, Chatnpa?gn County, Ill?noie, being more particularly described ag followe : Commencing at the Northeast corne? of the Ndrthwest Quarter Of said Section 36, proceed SOUth 00 0 12 1 17 w East along the. East line Northwest: Quarter, 2245 , 19 feet: thence South 89 0 54' 55" West, 33.00 teet for the True Point of Beginning; thence continue 5012th 89 0 .54' 55" west r 893.27 feet. to the Southeagt corner Lot 1133 of Ashland Park Phage I ag recorded ag Document Nutoer 20D4R32301 in tho . Office OE ehe Recorder of Deeds Champaign County, Illinois; thence North 00 Q 05' 05" Tiegt along an Easterly line of zaid Ashland Park Phase a distance Of 709.00 teeti thence South a 54'.. .55" West along Northerly. of said Ashlaad Park Phage 1, a distance Of 435.9B feet; thence North 00 < 05' 05 rt West along an Easterly line cf said Ashland Park Phase 1 and a Northerly extengiort thereof t 419.00 teet to the Sbuzhwegt corner of comorug 2156 of Ashland Park Phase 2 ag recorded as Document Nurn>ex. 2006R042i6 the Office of the Recorder of Deeds for Champaign County, Illinois; thence North 89 . 54' 55" East along a Southerly Iine of . gaid Agh1and . Park Phase 2 and an Easterly thereof, said Eaeterly extension being a Southerly line of Ashland Park Phage 3, a distance of 740* 00 feet.} the'nce South 00 0 05 1 05" East along a . Westerly 1 Ine of gaid .Ashland Park Phase 3 a dLstance of 3.50 feet 3 thence North 54' 55*' East. aiong a Southerly 1 ine ot said Ashland Park Phase 3, a distance of 440.98 feet t . thence South. 00" 05' .05" along a Westerly line of said Ashland Park phase 3, a distance 949.50 feet i thence North 89 0 54 r 55" East along a Southerly line of said AghXand Park Phage 3, a dietance OE 147 91 feet to the Southeast corner of . said Aghland Park Phage 3, said point also being located 33 COO feet West of ag measured perpendicular to the Eagt line of the Northwest of said Section '36; thence South 000 12' 17" along a line located 33.00 feet . West of as .measured perpendicular to and running parallel with said East line, 175.00 feet to the True of Beginning, encompaBBing 24 .0451 acregt more legg 1 1