There are no objections to this condominium or condominium amendment with respect to Chapter 703 Wis. Stats. andyeis hereby approved for recording.

Transcription

1 iiiiiiraiioifflissiism TWENTY SECOND AMENDMENT TO DECLARATION OF CONDOMINIUM FOR HAWKS RESERVE CONDOMINIUMS KRISTI CHLEBOWSKI DANE COUNTY REGISTER OF DEEDS DOCUMENT # Return to: Paul J. Dombrowski Husch Blackwell LLP 33 E. Main Street, Suite 300 P.O. Box 1379 Madison, WI See Exhibit A Parcel Numbers There are no objections to this condominium or condominium amendment with respect to Chapter 703 Wis. Stats. andyeis hereby approved for recording. ~~o Director of Planning and Community & Economic Development City of Madison 31 rv-t-2r>^ Date TWENTY SECOND AMENDMENT TO DECLARATION OF CONDOMINIUM FOR HAWKS RESERVE CONDOMINIUMS THIS TWENTY SECOND AMENDMENT (this Amendment ) is executed as of tefcataec Z3> 2018 by HAWKS CONDOMINIUMS CORP., a Wisconsin corporation (the Declarant ). RECITALS : A. Declarant has executed a Declaration of Condominium for Hawks Reserve Condominiums, recorded with the Dane County Register of Deeds as Document No on July 7, 2006, as amended by that certain First Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on February 25, 2008, as amended by that certain Second Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on November 17, 2010, as amended by that certain Third Amendment to Declaration of Condominium recorded with the

2 Dane County Register of Deeds as Document No on February 11, 2011, as amended by that certain Fourth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on December 8, 2011, as amended by that certain Fifth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on February 8, 2013, as amended by that certain Sixth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No , as amended by that certain Seventh Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on March 14, 2014, as amended by that certain Eighth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on August 28, 2014, as amended by that certain Ninth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on October 13, 2014, as amended by that certain Tenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on December 1, 2014, as amended by that certain Eleventh Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on March 9, 2015, as amended by that certain Twelfth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on August 31, 2015, as amended by that certain Thirteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on September 30, 2015, as amended by that certain Fourteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on November 6, 2015, as amended by that certain Fifteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document number on January 26, 2016, as amended by that certain Sixteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on May 31, 2016, as amended by that certain Seventeenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on July 7, 2016, as amended by that certain Eighteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on October 17, 2016, as amended by that certain Nineteenth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on March 20, 2017, as amended by that certain Twentieth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on October 26, 2017, and as amended by that certain Twenty First Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document Number on July 25, 2018 (collectively, the Declaration ). The condominium created by the Declaration, Hawks Reserve Condominiums, is referred to herein as the Condominium. B. Prior to this Amendment, the Declaration created a total of 104 Units plus 8 Garage Units within the Condominium, to-wit: (i) Unit 1; (ii) Units 3 through Unit 105, inclusive; and (iii) Unit 115 through Unit 122 (the Garage Units ), inclusive. Units 1, 3, 4, 5, 6, and 81 through 105, inclusive, are sometimes hereinafter referred to as a Duplex Unit and collectively, the Duplex Units. C. Declarant desires to modify the Declaration pursuant to the terms of this Amendment. 2

3 NOW, THEREFORE, Declarant does hereby declare as follows: 1. Twenty Second Addendum to Condominium Plat. Contemporaneously herewith, Declarant is recording an addendum to the Condominium Plat, such addendum being entitled Hawks Reserve Condominiums Addendum 22, a copy of which is attached hereto as Exhibit B and which is being recorded by Declarant contemporaneously herewith. 2. Depiction of Units Units 51-60, inclusive, as previously depicted are hereby amended as set forth in the Plat Addendum. The boundaries and square footage of said Units are hereby corrected, as depicted on the Plat Addendum, and Exhibits B and C attached hereto. 3. Amendment Based Upon Construction. This amendment to the Declaration and Declarant s amendment of the Condominium Plat are permitted pursuant to Section 2 of the above-referenced Fourth Amendment to Declaration of Condominium recorded with the Dane County Register of Deeds as Document No on December 8, Listing of All Units. Attached hereto as Exhibit C is a list of all Units (exclusive of the Garage Units), together with the approximate square footages and the percentage interests appurtenant to each for purposes of Section 5.02 of the Declaration. 5. Definitional Terms. Capitalized definitional terms used, but not defined, in this Amendment shall have the same meanings as are ascribed to such terms in the Declaration. References to any Section made in this Amendment shall refer to such Section of the Declaration. [Signature Page Follows] 3

4 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date first above written. HAWKS CONDOMINIUMS CORP. ( Declarant ) & v ( \ By: v I Jeffrey J. Flaeni, President ^ STATE OF WISCONSIN ) ) ss. COUNTY OF DANE ) ACKNOWLEDGMENT Personally came before me thiswf >U- day of, 2018, the above-named Jeffrey J. Haen, who acknowledged himself to be the President of Hawks Condominiums Corp., and to me known to be the person who executed the foregoing instrument and acknowledged the same. * J JILL M SCHUMAN D / 1 Mntaru Duhiir* / ias U 'Y?.. j PiUioi y ruuiiu i 1 State of Wisconsin Name:t 1-17"/// /70, TS c^ht LA.f'n UfO Jublic, State of Wisconsin My Commission: 4

5 CONSENT OF MORTGAGEE The undersigned, being the holder of a mortgage executed by Declarant to the undersigned does hereby consent to all of the terms and conditions of the foregoing Amendment, and agrees that its interest in the property described in the Declaration, and in any Units owned by Declarant, shall be subject in all respects to the terms thereof. Dated this day of, OLD NATIONAL BANK f/k/a ANCHORBANK, FSB STATE OF WISCONSIN ) ) ss. COUNTY OF DANE ) ACKNOWLEDGMENT Personally came before me this day of ^, 2018, the above named, who acknowledged himself or herself to be the of Old National Bank, f/k/a AnchorBank, FSB, and to me known to be the person who executed the foregoing instrument and acknowledged the same. Name: - Notary Public, State of Wisconsin My Commission: This document drafted by and should be returned to: Paul J. Dombrowski Husch Blackwell LLP 33 E. Main Street, Suite 300 P.O.Box 1379 Madison, WI

6 EXHIBIT A Part of Lot 53 and part of Lot 41, Hawks Landing Golf Club being part of the NW 1/4 and the SW 1/4 of the SW 1/4 of Section 34, and the NE 1/4 and SE 1/4 of the SE 1/4 of Section 33, T7N, R8E, in the City of Madison, Dane County, Wisconsin, to-wit: Beginning at the southeast corner of Lot 53, Hawks Landing Golf Course thence S W, feet; thence N55o0L17 W, feet; thence N W, feet; thence N ,,E, feet; thence S E, feet to the West line of Maplecrest Drive; thence along said West line, S01o20 28 W, feet to a point of curve; thence southeasterly along a curve to the left which has a radius of feet and a chord which bears S E, feet; thence S W, feet to the point of beginning. Pin No.: part of 251/ (land) Parcel Nos.: 251/ / / / / / / / / / A-l

7 EXHIBIT B Copy of Plat Addendum 22 Viewers are advised to ignore the illegible text on the following map. It is presented to show spatial relationships only. B-l

8 NOTES: COMMON ELEMENT MEANS ALL CONDOMINIUM PROPERTY AND IMPROVEMENTS EXCEPT FOR UNITS. SOME OF THE BUILDING AND OTHER IMPROVEMENTS SHOWN ON THIS EXHIBIT REPRESENT PROPOSED CONSTRUCTION NOT COMPLETE AS OF THE DATE HEREOF. ALL BALCONIES AND PATIOS ARE LIMITED COMMON ELEMENT FOR THE EXCLUSIVE USE OFTHE APPURTENANT UNIT. ALL OTHER AREAS, EXCEPT THE UNITS, ARE COMMON ELEMENTS UNLESS OTHERWISE NOTED ON THE FLOOR OR UNIT DIAGRAMS. ALL SPACE UTILIZATION WITHIN COMMON ELEMENT AND UNITED COMMON HEM ENT AREAS INCLUDING PARKING AREAS, DRIVES, STORAGE, LAUNDRY, RESTROOMS. ETC.. SHALL BE SUBJECT TO FUTURE PLANNING AND ADJUSTMENTS INCLUDING LOCATION MODIFICATION. FEATURES, SIZE VARIATIONS, ACCESS LOCATIONS. PARTITION WALLS. AND OTHER FEATURES. COMMON ELEMENTS OF OPEN PARKING, DRIVES. AND GRASSH) AREAS SHALL BE SUBJECT TO AN OVERALL SITE DRAINAGE EASEMENT. SCALE 1* IRON STAKE FOUND IRON STAKE PLACED MEASURED DATA RECORDED AS DATA PROPERTY LINE EXISTING BUILDINGS EXISTING UNIT NOT BUILT UNITS INCLUDED ON THIS PLAT- PROPOSED CONSTRUCTION SURVEYED FOR: HAEN REAL ESTATE 1801 MAYO DRIVE SUITE 111 MADISON, Wl ill O' 50' 100* 200* SURVEYED BY ROYAL OAK & ASSOCIATES PH GRID NORTH. ALL BEARINGS ARE 3678 KINSMAN BLVD r REFERENCED TO THE WEST LINE OF MADISON, WI53704 MAPLECREST DRIVE. RECORDED AS S00 57,16aW. There are no objections to this condominium or condominium amendment with respect of Chapter703 WIs. Stats, and it Is hereby approved for recording. Director of Planning and Community & Economic Development Cityof Madison. (N "E) N89 Q4'53nE Doc. No as amended by Doc No , as amanded by Doc No and Affidavit of Correction Doc. No (D Existing 20* Public Sanitary Sewer E amended by Doc. No HAWKS RESERVE CONDOMINIUMS ADDENDUM22 LOT 53, AND PART OF LOT 41, HAWKS LANDING GOLF CLUB, LOCATED IN THENW1/4 S 30 34'08 W AND THESW1/4 OF THE SW1/4 OF SECTION 34, AND THE NE1/4 AND SE1/4 OF THESE ' 1/4 OF SECTION 33, T7N, T8E, CITY OF MADISON, " BOUNDARY DESCRIPTION: JsJ l^^ams3&>dpartoflot41,h8wkslandlnggatfaubb8lngp8rtofthenw1/4andtoesw1/4oftheswl/4cfsecllan34,andtoene1msndse S 26 13^7 W1/4 oftbg SE1/4 of Section 33, T7N, R8E, In the Cityof Madison, Dane County, Wisconsin, to-wfc Begtving at the southeast comer of Lot 53, Hawks Landing Golf Course thence S39*2216"W, feet; thsnca N55t0117*W, fast D m it7 M}* toemsn49*00g8*w, feet thence N46'5ri3*W, feet; thence NQPGOVrE feet thence N89*04'53% feet; ftencs SO0,'55t)7*er feet to a point on a curve; toence southwesterly along a curve to the led which hss a radius of feetmda chord which beam S26a7337*W, feet thence SQ1 2ff2BV/, feet to a point of curve; thence southeasterly along a curve to the left which hasa radius of feetsnda chad which beam S24*38'40% feet thence S39'22'16'W, feel tot?# point of beginning. This parcel contains 607,839 sq. ft - I3.85acm. PARCELA Part of Lot 53 end pad of Lot 41, Hawks Landing Goff Club being part of toe NW1/4 and toe SW 1/4 of the SW 1/4 of Section 34, and the NE 1/4 andse 1/4 of toe SE 1/4 of Section 33, T7N, R8E, In toe COyofMsdlson, Done County, Wisconsin, ti>wtt Beginning at toe southeast comer of Lot 53, Hawks Landing Golf Course thence $39*22161#, feet thence N55*0117T#, feet; thence N49*0(m*W, feet; thence N38*2371% feet; thence S89*3548% feetto the West line ofmaplecrest Drive; toence along said Wfest One, S019207B"W, feetto a point of arm; toence southeasterly along a cum to the left whkh has a radius of feet and a chord which beam $24e38'40% feet thence S39*Z216'W, feetto toe point of beginning. This parcel contains 195,241 sq. ft-4.48 acres. PARCS-B: Part of Lot 53, Hawks Landing Gotf Club being part of the NW 1/4 and the SW 1/4 of toe SW 1/4 of Section 34, and the NE 1/4 and SE 1/4 of the SE 1/4 of Section 33, T7N,R8E,IntheOty of Madison, Dane County, Wisconsin, towit Commencing at toe southeast comercflct53, Hawks Landing Golf Course toence $39*22161#, feet; thence N #, feet thence N49*0035W, feat; thence N46*Sri3*W, feet; thence N00*5OV7*E, feet to toe point of beginning; thence continuing N00*5ff07% feet, theme N89*04'53*E, feet toence S00 55V7% feetto a point on a curve; toence southwesterly along a curve to the left which has a radius of feet end a chord wftfcf? team S30*34WW, feet thence N8)*04351#, feet thence N89336V8rW, feet toence S8T4T00Y/, 4722 foot toence S0F0674% 14268; thence N89*3679*W, feet to toe point of beginning. This parcel contains 287,209sq. ft-8.59 acres. PARCEL O. Part of Lot 53 and part of Lot 41, Hawks Landing Golf dub being pert of the NW 1/4 and toe S W1/4 of toe SW 1/4 of Section 34. and the NE 1/4 and SE 1/4 of the SE 1/4 of Section 33, TIN, RSE, In toe Cityof Madison, Dane County, Wisconsin, to-wfc Commencing at the southeast corner of Lot 53, Hawks Landing Golf Course thence S N, feet thence N55*01'171#, fest toence N49'W36T#, feetto the point of beginning; thence continuing N49a00'38 Wl feet; thence N46*5T131#, feet toence NOO'WOTE, feet theme 889*3679% feet toence N09*08741#, feet toence N8T47WE, feet toence S89*38'08% feet toence S % 57.20feet to a point on s arm; thence southwesterly along a cum to the fell which has a radius of fest and a chord which bears S05 40'58 W, feet toence S01*2078W, feet toence N89*35'48*W, feet thence S38*2371*W, 22025foot to the point of beginning. This parcel contains 125,389 sq.ft-288 acres. l Carl M Sandmes, Registered Professions] Land Surveyor Afa. S-1819 of the Stats of Wisconsin, In accordance with Wisconsin State Statute and do hereby certify that I have surveyed and mapped according to the official records the condominium described and pictured hereon, i further certify that this Condominium Plat is a due scaled and dimensioned representation of toe boundaries, buildings, Improvements, and any existing encroachments If any. This plat Is a correct representation of the My expanded condominium. The Identification end location of each unit and the common elements can be determined from toe pfet The undersigned surveyor makes no certification as to the accuracy of the floor plana of the bunding dimensions and toe floor areas thereof. Carf MSandsnes, Professional Land Surveyor S-1819 Date of Map: CERTIFICATE OF REGISTER OF DEEDS Received for Record this day of, 2018 at o'clock M and recorded In Voi. of Condominium Plate on pages as Doc No. Register OFFICE MAP N SHEET 1 OF 5

9 3 UO,09,00 N (3.W.9Z.00N) y Public Sanitary Sowar Easement i**ut Ejdoting 20-Public Water ^ d Main Easement Doa No. 8g g as amended by s %- amended by Doc No ^ and Affidavit of Correction Dec. No S 05 40'5B" W 2B.80' = HAWKS RESERVE CONDOMINIUMS ADDENDUM 22 LOT 53, AND PART OF LOT 41, HAWKS LANDING GOLF CLUB, LOCATED IN THENW1/4AND THE SW1/4 OF THESW1/4 OF SECTION 34, AND THENE1/4AND SE1/4 OF THESE 1/4 OF SECTION 33, T7N, T8E, CITY OF MADISON, N 89 36i29K W ' SSK9201 WBIIc"Sanitary" \ BemmusLane SSf (S25 01'51"E) S "E R ' 150 SURVEYED FOR: HAEN REAL ESTATE 1801 MAYO DRIVE SUfTE 111 MADISON, Wl Office Map No 1645SL SHEET 2 OF 5

10 HAWKS RESERVE CONDOMINIUMS ADDENDUM22 LOT 53, AND PART OF LOT 41, HAWKS LANDING GOLF CLUB, LOCATED IN THENW1/4 AND THESW1/4 OF THESW1/4 OF SECTION 34, AND THE NE1/4AND SE1/4 OF THESE 1/4 OF SECTION 33, T7N, T8E, CTTY OF MADISON, w-ts1/,- LOWERLEVELAND PARKING - 10 UNITBUILDING SURVEYED FOR: HAEN REAL ESTATE 1801 MAYO DRIVE SUITE 111 MADISON.WI OFFICE MAP NO L SHEET 3 OF 5

11 11-11^4 HAWKS RESERVE CONDOMINIUMS ffi ADDENDUM 22 } 7 LOT S3, AND PART OFLOT41, HAWKS LANDING GOLF CLUB, LOCATED IN % THENW1/4 AND THESW1/4 OF THESW1/4 OF SECTION 34, AND THE ' NE1/4AND SE1/4 OF THESE 1/4 OF SECTION 33, T7N, T8E CITY OF MADISON, X//////////X LIMITED COMMON ELEMENTS 6T-n/ r % s FIRST FLOOR - 10 UNIT BUILDING SURVEYED FOR: HAS'! REAL ESTATE 1801 MAYO DRIVE SUITE 111 OFFICE MAP NO L MADISON, Wl SHEET4 OF 5

12 HAWKS RESERVE CONDOMINIUMS ADDENDUM22 LOT 53, AND PART OF LOT 41, HAWKS LANDING GOLF CLUB, LOCATED IN THE NW1/4 AND THE SW1/4 OF THE SW1/4 OF SECTION 34, AND THE NE1/4AND SE1/4 OF THESE 1/4 OF SECTION 33, T7N, TBE, CITY OF MADISON, LIMITED COMMON ELEMENT SECOND FLOOR - 10 UNIT BUILDING SURVEYED FOR: HAEN REAL ESTATE 1801 MAYO DRIVE SUITE 111 MADISON, Wl OFFICE MAP NO L SHEET 5 OF 5 L

13 EXHIBIT C Unit Approximate Square Footage % Interest for 5.02 of Declaration 1 1, % 2 N/A n/a 3 1, % 4 1, % 5 1, % 6 2, % 7 2,811 1, % 8 2, % 9 2, % 10 2, % 11 2, % 12 2, % 13 2, % 14 2, % 15 2, % 16 2, % 17 2, % 18 2, % 19 2, % 20 2, % 21 2, % 22 2, % 23 2, % 24 2, % 25 2, % 26 2, % 27 2, % 28 2, % 29 2, % 30 2, % 31 1, % 32 1, % 33 1, % 34 1, % 35 1, % 36 1, % 37 1, % 38 1, % 39 1, % 40 1, % 41 1, % 42 1, % 43 1, % 44 1, % 45 1, % 46 1, % 47 1, % 48 1, % C-l

14 Unit Approximate Square Footage % Interest for 5.02 of Declaration 49 1, % 50 1, % 51 1, % 52 1, % 53 1, % 54 1, % 55 1, % 56 1, % 57 1, % 58 1, % 59 1, % 60 1, % 61 1, % 62 1, % 63 1, % 64 1, % 65 1, % 66 1, % 67 1, % 68 1, % 69 1, % 70 1, % 71 1, % 72 1, % 73 1, % 74 1, % 75 1, % 76 1, % 77 1, % 78 1, % 79 1, % 80 1, % 81 1, % 82 1, % 83 1, % 84 1, % 85 1, % 86 1, % 87 2, % 88 1, % 89 1, % 90 1, % 91 1, % 92 1, % 93 2, % 94 2, % 95 1, % 96 1, % 97 2, % 98 1, % 99 2, % C-2

15 Unit Approximate Square Footage % interest for 5.02 of Declaration 100 2, % 101 1, % 102 2, % 103 2, % 104 1, % 105 1, % Total 204, % MIL C-3