Summary

Supplement No. 4 is the fourth and final Supplemental Declaration executed by Prestonfield L.L.C. (by Lennar Chicago, Inc., its Managing Member), dated October 14, 2010, and recorded November 12, 2010 as Cook County Document No. 1031603005. Fee: $44.00 (Cook County Recorder of Deeds, Eugene “Gene” Moore, Recorder).

Supplement No. 4 adds Outlot C in Prestonfield – Unit 1A Subdivision to the Declaration as community area. No residential lots are added. A companion Community Area Deed (R2011-042872, recorded March 31, 2011 — more than 4 months later) conveyed Outlot C from Prestonfield L.L.C. to the HOA.

Cook County recording anomaly: All other supplements were recorded with the DuPage County Recorder of Deeds (Fred Bucholz). Supplement No. 4 was recorded with the Cook County Recorder of Deeds. Prestonfield is located in the City of West Chicago, DuPage County. The reason for the Cook County filing is not documented and may represent a filing error, a parcel on the county boundary, or a deliberate choice. See Open Questions.

Key Provisions

  • No added residential lots — Section 3 confirms this explicitly
  • Added Community Area (Section II.F of Fourth Amended and Restated Exhibit B): Outlot C in Prestonfield – Unit 1A Subdivision, being a Part of the Northeast Quarter of Section 33, Township 40 North, Range 9 East of the Third Principal Meridian, West Chicago, DuPage County, Illinois, recorded September 30, 2009 as Document No. R2009-149663
  • PIN for added property: 01-33-206-018
  • Signed: Glenn V. Richmond, Vice President, Lennar Chicago, Inc. (Managing Member of Prestonfield L.L.C.)
  • Notarized: October 14, 2010, County of Lake, Illinois

Fourth Amended and Restated Exhibit B

The Fourth Amended and Restated Exhibit B is the most current version of the Premises description. It contains:

  • Section I (Lots): Identical to all prior versions — Lots 1-54, 57-71 (Unit 1); 72-150 (Unit 2); 151-217 (Unit 3)
  • Section II.A: Outlots A, B (Unit 1)
  • Section II.B: Outlots E, F, L, M (Unit 2)
  • Section II.C: Outlots G, H, I (Unit 3)
  • Section II.D: Lots 218 and 220 (Unit 4) — added by Supplement 2
  • Section II.E: Outlot N (Unit 4) — added by Supplement 3
  • Section II.F: Outlot C (Unit 1A) — added by this Supplement 4

Topics Covered

community-areas, declarant-and-turnover, hoa-legal-structure

Open Questions

  • Cook County recording: Supplement No. 4 was recorded with the Cook County Recorder of Deeds, while all other governing documents (Declaration, all Amendments, all prior Supplements) were recorded in DuPage County. Prestonfield is in West Chicago, DuPage County. The specific parcel (Outlot C, Unit 1A, PIN 01-33-206-018 — Northeast Quarter of Section 33) may touch the DuPage/Cook county boundary, or this may be a filing error. If filed only in Cook County and not DuPage, there may be a title/chain-of-title question for the Outlot C parcel.
  • The Unit 1A Subdivision (R2009-149663, September 30, 2009) is a new subdivision that does not appear in any other ingested document — its full plat and purpose are not known. It was platted more than 5 years after the original Declaration, suggesting it may have been created specifically to add the Outlot C parcel to the HOA premises.