AND OF
EASEMENTS, RESTRICTIONS & COVENANTS FOR
2970 LAKE SHORE DRIVE CONDOMINIUM
THIS DECLARATION made and entered into by LaSalle National Bank, a national banking association, not personally, but solely as trustee under Trust Agreement dated March 31, 1976 and known as Trust No. 50575 (hereinafter referred to as the "Trustee").
WHEREAS, the Trustee is the legal title holder of real estate (the "Real Estate") commonly known as 2970 Lake Shore Drive in the City of Chicago, County of Cook, and State of Illinois, legally described as:
That part of the South 33 feet of Lot 1 and the North 116.8 feet of Lot 2 in the Assessor's division of Lots 1 and 2 of the City of Chicago Subdivision of the East fractional half of Section 28, Township 40 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois, described as follows: Beginning at a point in the intersection of the West boundary line of Lincoln Park as established by decree of the Circuit Court of Cook County, Illinois, entered October 31, 1904 in Case 256886 with the South line of Wellington Street, thence West on said South line of Wellington Street 200 feet; thence Southerly on a line parallel to and 200 feet distant from said West boundary line of Lincoln Park to a point 80 feet due South of the South line of Wellington Street; thence East on a line parallel to and 80 feet distant from the South line of Wellington Street 200 feet to the point of intersection of said line with said West boundary line of Lincoln Park; thence Northerly on said Westerly line of Lincoln Park to the place of beginning in Cook County, Illinois.and
WHEREAS, the Trustee desires and intends by this Declaration to submit the Property (as hereinafter defined) to the Provisions of the Condominium Property Act of the State of Illinois (hereinafter sometimes referred to as the "Act"), and is further desirous of establishing for its own benefit and that of all future owners or occupants of the Property, or any part thereof, certain easements and rights in, over and upon the Property and mutually beneficial restrictions and obligations with respect to the use and maintenance thereof;
and
NOW, THEREFORE, the Trustee, as the owner of the Property, and for the purposes above set forth, declares as follows:
DEFINITIONS
1.01 Declaration. This instrument by which the Property as hereinafter defined, is submitted to the provisions of the Act, and shall include such amendments, if any, to this instrument as may from time to time be adopted pursuant to the terms hereof.
1.02 Property. All the land, property, and space comprising the Real Estate, all improvements and structures constructed or contained therein or thereon, and all easements, rights and appurtenances belonging thereto, and all fixtures and property intended for the mutual use, benefit or enjoyment of the Unit Owners and submitted to the provisions of the Act.
1.03 Building. "Building" means the building located on the Real Estate and forming part of the Property, and containing Units.
1.04 Unit. "Unit" means a part of the Property within the Building, including one or more rooms, designed or intended for independent use as a one-family dwelling or such incidental uses as are permitted by this Declaration, as set forth on the Plat. Each Unit shall consist of the space enclosed and bounded by the horizontal and vertical planes constituting the boundaries of such Unit as shown on the Plat; provided, however, that structural components of the building, and pipes, wires, conduits, ducts, flues, shafts or public utility lines situated within a Unit and serving one or more other Units or the Common Elements shall not be a part of said Unit but are part of the Common Elements.
1.05 Common Elements. All portions of the Property, except the Units.
1.06 Limited Common Element. "Limited Common Element" means a portion of the Common Elements contiguous to and serving exclusively a single Unit or adjoining Units as an inseparable appurtenance thereto, including specifically, but not by way of limitation, (1) to the extent found in the Building, vestibules and entryways which have been incorporated within a Unit or Units pursuant to the last full Paragraph of Section 4.02 hereof, balconies, patios, terraces and such portions, of the perimeter walls, floors and ceilings, doors, windows, and of all associated fixtures and structures therein as lie outside the Unit boundaries, (2) such portion or portions of the Common Elements designated as Limited Common Elements by the Board, and (3) any areas designated on the Plat as Limited Common Elements. Notwithstanding anything contained herein to the contrary, the Board and Plat may designate a portion or portions of the Common Elements as Limited Common Elements only if the same is contiguous to and serving exclusively a single Unit or adjoining Units as an inseparable appurtenance thereto.
1.07 Unit Ownership. A part of the Property consisting of one Unit and the undivided interest in the Common Elements appurtenant thereto.
1.08 Parking Area. Such portions of the Property designated by the Trustee for parking automobiles.
1.09 Person. A natural individual or a corporation, partnership, trustee or other legal entity capable of holding title to real property.
1.10 Owner or Unit Owner. The person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a Unit.
1.11 Occupant. Person or persons, other than Owner, in possession of a Unit.
1.12 Plat. The Plat of Survey of the Real Estate and of all Units in the Property submitted to the provisions of the Act, which Plat is attached hereto as Exhibit A and by reference incorporated herein and made a part hereof.
1.13 Association. The 2970 Lake Shore Drive Association, a not-for-profit corporation.
1.14 Board. The board of managers of the Association.