(A) Common land, all developments. Common land is that land within a planned unit development that is held in common ownership by all of the property owners. It is obtained by allowing the developer to reduce lot sizes producing land contiguous to the development which creates larger recreational areas for the property owners of the development than could be obtained otherwise. This common land shall be located so that it is reasonably accessible to all the lots contributing to its area. Structures may be permitted on common land only if for common use and if included in the trust indenture regulating and controlling the common land.
(B) Conveyance of common areas. All open space, tree cover, recreational area, scenic vista, or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, shall be conveyed by the developer in fee simple absolute title by a warranty deed to trustees approved by the majority of property owners. The trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each planned unit development authorized under the planned unit development procedure, for a period of at least 20 years, or for the duration of the development, whichever period of time is least. Thereafter, fee simple absolute title shall vest in the then owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common property. No lot owner has the right to convey his or her interest in the common property, except as an incident of the ownership of a regularly platted lot. The sale of any lot shall carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Illinois, setting forth the attorney’s legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the Zoning Board of Appeals, approved by the Municipal Attorney as to legal form, and filed with the Recorder of Deeds of Madison or St. Clair County, simultaneously with the recording of the final subdivision plat.
(Ord. 887, §§ 4.30, 4.31, passed - -) Penalty, see § 155.999