AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS. Affecting Prairie Creek and Prairie Creek II Subdivisions (Lots 1-117)

Transcription

1 AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS Affecting Prairie Creek and Prairie Creek II Subdivisions (Lots 1-117) Subdivisions located in the Town of Menasha, Winnebago County, Wisconsin WHEREAS, Prairie Creek Property Owners Association, Ltd., a nonprofit, non-stock corporation organized under the laws of the State of Wisconsin, hereafter referred to as the Association, comprising owners of all real property in the Prairie Creek subdivisions ( Subdivisions ) located at the corner of Cold Spring Road and Shady Lane, in the Town of Menasha, Winnebago County, Wisconsin, executed an instrument entitled AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS on June 16, 1994 which instrument was recorded in the office of the Register of Deeds for Winnebago County, Wisconsin, on June 16, 1994 as Document No WHEREAS, paragraph number 20 of the original covenants, as amended, provides as follows: Amendment. These covenants may be amended, waived, or removed by the execution and recordation in the office of the Register of Deeds for Winnebago County, Wisconsin, of an instrument executed by not less than two-thirds of the lot owners, provided that so long as the Declarant is the owner of property affected by these covenants, or amendment thereto, no amendment will be effective without their prior written consent, in recordable form. Further, so long as Declarant shall own any property in the Subdivision, Declarant, by itself alone, shall be entitled to amend, waive, or remove said covenants. WHEREAS, not less than two-thirds of the lot owners voted in the form of a written ballot, to amend and restate the restrictive covenants affecting the Subdivisions in its entirety as set forth below. NOW, THEREFORE, the Association, by and through a vote of not less than two-thirds of the lot owners, hereby makes the following declaration as to the limitations, restrictions, and uses to which the lots in said Subdivisions may be put, and hereby specifies that such declaration shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners and persons claiming under them. 1. Purpose. The purpose of these covenants is to ensure the use of property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to guard against the direction of poorly designed or poorly proportioned structures, to seek the use of quality materials and workmanship, and to maintain the desired atmosphere and appearance of the Subdivisions, and thereby to secure to each lot owner the full benefit and enjoyment of their home, with no greater

2 restriction on the free and undisturbed use thereof than is necessary to ensure the same advantages to the other lot owners. 2. Land Use and Building Type. All lots shall be used only for residential purposes and whether alone or in combination with one or more other lots in the Subdivisions, shall be restricted as follows: a. All dwellings, Except with prior written approval of the Architectural Control Committee, shall have a two or more car attached garage. b. All dwellings shall have a roof pitch of not less than 6/12. c. One single-story storage shed shall be allowed per lot. Said shed shall be located to the rear of the dwelling on said lot, shall have maximum storage area not to exceed 144 square feet, and shall be constructed in a style and of materials that are similar to those used in the construction of the dwelling located on said lot. d. No special structures, such as tennis courts, swimming pools, kennels, gazebos and storage buildings, may be constructed except upon approval of the Architectural Control Committee. 3. Architectural Control. No dwelling or other house, shed, deck, structure or fence or any exterior building modifications requiring a building permit may be erected on any lot in the Subdivisions until the plans and specifications have been submitted to and approved by the Architectural Control Committee. The Architectural Control Committee shall have the right to refuse to approve any such plans and specifications which are not desirable, in the opinion of the Committee, for aesthetic or other reasons, and, in so passing upon them, the Committee shall have the right to take into consideration the suitability of the proposed building and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and the effect of the building or other structure so planned on the outlook from the adjacent or neighboring property. The Architectural Control Committee s approval or disapproval, as required in these covenants, shall be in writing. If the Architectural Control Committee fails to approve or disapprove such plans and/or specifications within 30 days of acknowledgment of receipt, said plans and specifications shall be deemed to have been approved. The members of the Architectural Control Committee shall be selected by the Association at the annual meeting of the Association as provided in the bylaws of the Association. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this restrictive covenant. The Architectural Control Committee shall establish its own rules and regulations, however, such rules and regulations shall not be inconsistent with the Restrictive Covenants or By-Laws. All decisions of the Architectural Control Committee shall be conclusive upon all parties except any party may appeal a decision of the Architectural Control Committee to the Board of Directors and the decision of the Board of Directors shall be final. 4. Fencing Requirements. No wall or fence, including hedge fences, of any kind whatsoever shall be constructed on any lost until after the height, type, design and location 2

3 thereof shall have been approved in writing by the Architectural Control Committee, and shall, in any event, not be placed or constructed to as to substantially obstruct the view of adjacent property owners. a. Any fencing erected prior to the implementation of these restrictive covenants will be grandfathered and protected from their enforcement. b. All fencing must satisfy the following restrictive covenants in addition to meeting all government regulations and ordinances regarding fencing and permitting. c. The Architectural Control Committee shall have a minimum of ten (10) business days to review and act upon any proposal for the erection of a fence within the boundaries of the Subdivisions. d. For the purposes of these restrictive covenants the following definitions shall apply: Fence/Fencing shall be defined as an enclosing barrier consisting of vegetation, wood, stone or metal intended to prevent straying from within or intrusion or access from without. Chain link, spike or sharp picket fences, single, double and triple strand fences, or electrical fences, other than buried electric dog fences, shall be unacceptable. For the purpose of these covenants the term fence shall be construed to include plantings such as hedges. Protective Fence/Fencing shall be defined as a fence which is required by any government regulations or ordinances in place to protect the public health, safety and welfare. Architectural Fence/Fencing shall be defined as a fence constructed solely to enhance the street appeal of the structure or landscaping. e. All fencing proposals submissions shall include the following: a letter requesting the approval of the Architectural Control Committee and identifying the full names of the applicants, their interest in the lot affected, the lot number and address of the property, the name and phone number of the fencing contractor and the proposed construction schedule. a complete lot plan indicating the information required by the preceding point, plus the location of the fence relative to the house, lot lines, neighboring lots & houses and street lines within 100 feet of the lot. This must identify all dimensions/measurements that may be significant to or influence the committee s decision. 3

4 aesthetic design and construction of the fence, either in the form of a photo or professional drawing/sketch of the fence style. This must provide sufficient detail of the construction to allow the committee to determine whether the fence will satisfy the covenants. copies of any pertinent written agreements with neighbors regarding the location or style of fencing. f. The top of any fencing shall be aesthetically patterned and not straight across without decorative features. g. Wooden fencing must have posts extending into the ground to provide solid anchorage against wind and other damage. h. If one side of a fence is more aesthetically pleasing than the other the most aesthetic side of the fence must face outward. i. All non-vegetation fences must be of consistent style and construction for their entire length. j. The owner of any lot, which includes a fence, shall be responsible for trimming all grass and vegetation outside of the fence and between the fence and their lot line. k. Placement of fencing with regard to the lot lines and homes: no portion of any non-vegetation fencing shall be constructed/located closer than 6 inches from any lot line, while no portion of a vegetation fence shall be planted/located closer than 12 inches from any lot line, unless all adjacent and/or effected neighbors have agreed, in writing, and a copy of such written agreement has been submitted to the Architectural Control Committee with the original fencing proposal. no fencing shall be allowed to extend beyond the rear yard of the lot, being defined as that portion of the lot enclosed by the rear and side lot lines and a line parallel to, and in line with, the rear wall of the home and extending out to meet the side lot lines. on those lots with a side lot line abutting a public street no fencing shall be allowed to extend beyond the rear yard of the lot, being defined as that portion of the yard enclosed by a line parallel to, and in line with, the rear wall of the home and extending out to meet the interior side lot line (that side lot line which does not abut the public street), the rear portion of the interior side lot line and that portion of the rear lot line extending from the interior lot line and ending at a line parallel to, and in line with, the exposed side of the home and extending to meet the rear lot line. 4

5 only architectural fencing shall be allowed in the front or side yards of a lot, being any portion of a lot excluded from the rear yard, as defined in the above points, unless they are for aesthetic and decorative purposes only. l. Fencing heights shall be limited as follows: a non-vegetation fence shall not extend beyond 6 foot in height, with the only exception being the fence posts which may extend an additional 6 inches if a decorative top is in place. All fence posts will have a decorative top consistent with the fencing design unless such top would be detrimental to the overall aesthetic design of the fence. a vegetation fence may be allowed to extend to the natural height, but must be maintained in a trimmed and neat state. The lot owner is responsible to trim both sides of such a fence, unless all adjacent and/or affected neighbors have agreed, in writing, and a copy of such written agreement has been submitted to the Architectural Control Committee with the original fencing proposal. fencing along the rear lot line may not exceed 4 feet in height when the lot rear lot line abuts the side lot of one or more neighboring lots. fencing along the exposed side of a lot which abuts a public street may not exceed 3 foot 6 inches in height. an architectural fence in a front yard may not exceed 3 foot 6 inches in height. an architectural fence in or along a side lot may not extend beyond 6 feet in height, except when the lot abuts public street where it may not exceed 3 foot 6 inches in height. protective fencing heights shall be governed by applicable government regulations and ordinances. 5. Minimum Floor Area and Design. All structures to be erected in the Subdivisions shall be of a pleasing and harmonious external design and shall conform with all established setback lines, and any dwelling which fails to conform to the specified minimum areas shall not be permitted on any lot, except with prior written approval of the Architectural Control Committee. The square footage of the main structure, exclusive of open porches, breezeways and garages shall be not less than: Dwelling One story above grade Story and a half above grade Size 1,800 square feet 2,000 square feet 5

6 Two story above grade Total finished for split-levels 2,200 square feet 2,200 square feet 6. Building Location. All dwellings shall be located reasonably close to the center of the lot, and shall face the front line of the lot, unless approved by the Architectural Control Committee. 7. Grade. No structure or lawn shall be permitted until proper grades for each have been set, in accordance with the approved drainage plan for the Subdivisions, by the land surveying firm of Martenson and Eisele, Inc. of Neenah or any other firm approved by the Association, the cost of which shall be born by the lot owner. 8. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to other lot owners or occupants of dwellings in the Subdivisions. 9. Animals. No animals, except normal household pets, shall be kept, bred, raised or lodged on any lot of these Subdivisions. 10. Signs and Antennae. No sign of any kind shall be erected or maintained on any of the lots without the prior written consent of the Architectural Control Committee. No antenna including satellite dishes shall be displayed or exposed to the public view except as follows 1) mini satellite dishes less than 18" in diameter, or 2) one sign not more than five square feet advertising the property for sale by the property owner or their representative. The Association may utilize signage at the entry points and park not greater than forty square feet. 11. Basement. All homes shall have either basements or standard four-foot footing walls. 12. Used Buildings. No existing building shall be moved on to any lot. 13. Completion of Home. Construction of all residential buildings shall be completed on the outside before occupancy and the inside shall be completed within 12 months of visible commencement of work. Lawns shall be completed within one year of occupancy. 14. Construction Site. At all times during construction, the site shall be maintained, to the Association s reasonable satisfaction, in a neat and orderly manner. All trash and waste shall be kept in sanitary containers, and out of public view. Burning of construction site waste is prohibited. 15. Temporary Structures, Outbuildings or Trailers. No structure of a temporary character, shack, trailer, barn, tent or other outbuilding shall be permitted on any lot either temporarily or permanently. No structure other than a completed single-family residence shall be occupied. 16. Commercial Vehicles, Trailers, Campers, Boats. 6

7 a. Box vans and commercial vehicles (with a gross weight of over 8,000 pounds) may not be kept overnight at an owner s lot or on the Subdivisions streets. Recreational vehicles, snowmobiles, travel trailers, pop-up campers, minibikes or fishing shanties must be stored in buildings or off the lot. b. Revised See Page 11 Lot owners may have travel trailers, motor homes, popup campers, trailered boats or snowmobiles in their driveway for up to 14 days at the beginning and end of the appropriate seasonal use period for the express purposes of cleaning, maintenance and seasonal preparation. c. Lot owners may have travel trailers, motor homes, pop-up campers, trailered boats or snowmobiles in their driveway the day prior to and one day after returning from a trip. Third party contractor vehicles and trailers used for construction purposes on the lot are exempt from these restrictive covenants for an initial 30 day period. After the first 30 days, the lot owner must contact an Association board member, provide an estimated completion of construction day and receive permission to keep the vehicles on the lot. 17. Trash. All trash, garbage and waste shall be kept in sanitary containers. No sanitary container is to be put in front of any dwelling sooner than the day before regularly scheduled pickup, except as may be otherwise authorized by applicable ordinance. Sanitary containers shall be put away by the end of the collection day. 18. Growth and Debris on Lots. The owner of each lot shall keep his lot, together with all land lying in road rights-of-way between his lot and the traveled portion of all roads that abut his lot, mowed and sightly, even though the lot may be vacant and/or unimproved. No weeds, underbrush or unsightly growth shall be permitted to grow or remain upon any property and no refuse pile, rubbish or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon; and in the event that the owner shall fail or refuse to keep his property free of weeds, underbrush or refuse piles or other unsightly growths or objects, then agents of the Grantor may enter upon said lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass. 19. Fill. No fill, including excess excavation fill, shall be removed from the Subdivisions without the prior written consent of the Architectural Control Committee. 20. Zoning, Health, and Other Laws and Regulations. All zoning, health and other laws, ordinances and regulations promulgated by the municipality having jurisdiction over the Subdivisions, Winnebago County, or the State of Wisconsin, which pertain to said Subdivisions shall be strictly observed and complied with. 21. Unlicensed Vehicles and Salvage Materials. No unlicensed vehicles or junk yards or storage area for cars or other salvage materials of any nature shall be permitted on any lot or combination of lots within the Subdivisions. 7

8 22. Commercial Businesses. Except as may be permitted by local zoning regulations and as authorized by the Association, no commercial business shall be allowed or conducted at any time from any lot or combination of lots within the Subdivisions. 23. Setback Lines. Setback lines shall conform to local zoning regulations except that the Association may, in promoting overall harmony, establish other requirements in addition to and in conformity with such regulations. 24. Term. These covenants and restrictions herein contained shall be in effect for a term of twenty (20) years from the date this amended and restated declaration is recorded, after which time they shall automatically be extended for successive periods of ten years. Unless an instrument terminating or reducing this term shall be executed and recorded in accordance with the requirements and procedures set forth in paragraph Amendment. These covenants may be amended, waived, or removed by the execution and recordation in the office of the Register of Deeds for Winnebago County, Wisconsin, of an instrument executed by not less than two-thirds (2/3) of the lot owners. 26. Trees. It shall be the responsibility of each lot owner to remove and replace at the lot owner s cost and expense any dead or diseased tree originally planted by Secura Development with a similar type tree on his or her lot within one season after such tree dies or becomes diseased. (For example - evergreen replaced with evergreen; deciduous replaced with deciduous.) No fruit bearing trees shall be planted in the front yard of any lot in the Subdivisions. 27. Berm. Neither current nor subsequent lot owners shall alter the Subdivisions perimeter berm or any fence that may be erected upon it. 28. Fence Maintenance. All subsequent owners of these lots shall not remove or alter the Subdivisions fence in any manner and shall maintain the original structural integrity of the portion of the fence on their lot to the reasonable satisfaction of the Association. 29. Variation. Variations in any of these restrictive covenants may be permitted by the Association where it is reasonably satisfied that such variations will be pleasing and generally in line with adjacent properties and not be a detriment to the Subdivisions as a whole. 30. Enforcement. If any lot owner or person/s in possession of any lot or dwelling on any lot within the Subdivisions shall violate or attempt to violate any of these restrictive covenants, a complaining lot owner shall first exhaust the enforcement procedures described in paragraph 31 below. No lot owner shall be deemed in violation of these covenants if said lot owner received written approval of a variance for construction of a home not in compliance with these or previous covenants. Further, no lot owner shall be deemed in violation of these covenants if said lot owner received written approval to construct a home which complied with applicable covenants and restrictions at the time of such approval even though said lot owner may not be in compliance with new covenants and restrictions as may be written and recorded from time to time. Nothing contained 8

9 herein shall prevent a complaining lot owner from prosecuting any proceedings at law or in equity against the person or persons violating or attempting to violate any such restrictive covenants, either to prevent him or them from so doing, or to recover damages or other dues for such violation. 31. Animals. No animals, except as normal household pets, shall be kept, bred, or raised on any lot in these subdivisions. 32. Procedure for Enforcing Covenants. If any lot owner believes that another lot owner or person/s occupying any dwelling on any lot in the Subdivisions is in violation of one or more of these covenants, the lot owner may file a written complaint with the Association referencing the covenant violated and the details of the alleged violation. Upon receipt of the complaint, the Association will investigate the alleged violation and take one of the following actions within seven (7) days of receipt of the complaint: 1. If the violation is not confirmed or has been corrected prior to the confirmation, the complainant will be notified in writing by the Association informing the complainant of the results of the investigation; or 2. If the violation is confirmed and the Association so determines, the lot owner whose lot is the subject of the violation will be notified of such violation by hand delivery or certified mail. The lot owner shall have ten (10) days upon receipt of the notification to correct the violation. If the violation is not corrected within the ten (10) day period, the lot owner may be assessed a fine up to $150. A subsequent confirmed violation of the same covenant by the same lot owner within a 12-month period shall result in the immediate assessment of an additional fine up to $150. Notification of assessment of these fines will be in writing by hand delivery or certified mail to the lot owner. All fines shall be paid within ten (10) days of notification. A $25 late fee will be added for each additional ten (10) day period that any fine/late fee remains unpaid. 3. In addition to the remedies provided above, if the violation is not corrected within the ten (10) day period provided for above, the Association shall have the right to enforce these covenants by injunction or other lawful procedure, and to recover any damages resulting from such violation. In the event these covenants are so enforced, the violating party shall be liable to the parties so enforcing them for all out-of-pocket costs so incurred, including reasonable attorneys fees. The ten (10) day period may be waived if the Association reasonably determines that the violation compromises the health or safety of the residents of the Subdivision, their guests or invitees. 4. Any fine assessed by the board must be approved by 4 out 5 board members. Records of action taken by the Association, as well as copies of complaints, complaint investigations, complaint responses, letters, and fine notification letters will be available for review by any Member with at least 5 days written notice. The Association will endeavor to keep these records for 10 years. 9

10 32. Revised See Page 11 Bylaws; Assessments. Additional activities of the Association, including fixing assessments, shall be governed by and administered pursuant to the provisions contained in the Bylaws of Prairie Creek Property Owners Association, Ltd. The Board of Directors of Prairie Creek Property Owners Association, Ltd. is empowered, pursuant to Article VI of the Bylaws of said Association, to fix and collect assessments to provide for their operation, care, maintenance and upkeep of all areas for which the Association is responsible. In its exercise of authority under Article VI of said Bylaws, the Board of Directors has the power and duty to collect a late fee of $5 per calendar month on overdue assessments, and to suspend voting rights of a Member of the Association, as that term is defined in the bylaws, during any period in which such Member is in default in the payment of said assessment. The Board of Directors may vary the amount of annual assessments by not more than 15% from the immediately preceding year without approval of the Members, and by more than 15% only when so authorized by a majority vote of the Members. 33. Invalidity of any Covenants. Should any one of these restrictive covenants for any reason by declared invalid, such declaration shall not affect the validity of the remaining covenants, which remaining covenants shall remain in full force and effect as if these covenants had been executed with the invalid portion thereof eliminated. 34. Supersede all Prior Covenants. These restrictive covenants shall supersede and replace all prior covenants affection the Subdivisions. IN WITNESS WHEREOF, the Prairie Creek Property Owners Association has signed and sealed this instrument this 31st day of October, In Presence of (Name) By: Harold I. Pelton Prairie Creek Property Owners Association Name: Harold I. Pelton Title: President STATE OF WISCONSIN ) )SS WINNEBAGO COUNTY ) Personally came before me this 31st day of October, 2002, the above named (name & title and name & title), officers of the Prairie Creek Property Owners Association, to me known to be the persons who executed the foregoing instrument, and to me known to be such (title and title of the Prairie Creek Property Owners Association), and acknowledged that they executed the foregoing instrument as such officers as the bylaws of said Association provide for, by its authority. By: Susan L. Winnifhoff Susan L. Winninghoff, Notary Public. My Commission expires: Document drafted by: Howard I Healy, DiRenzo & Bomier Attorneys at Law Neenah Wisconsin. 10

11 Addendum to the AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS Affecting Prairie Creek and Prairie Creek II Subdivisions (Lots 1-117) Subdivisions located in the Town of Menasha, Winnebago County, Wisconsin The change listed below was adopted by the Prairie Creek Property Owners Association at its 2015 Annual Meeting on March 3, The addendum to the DECLARATION OF RESTRICTIVE COVENANTS will remain in effect until such time that the covenants are refilled with the office of the Register of Deeds for Winnebago County, Wisconsin. The language listed below supersedes covenant #16, section B. 16) Commercial Vehicles, Trailers, Campers, Boats. Section B) Lot owners may have travel trailers, motor homes, pop-up campers, trailered boats or snowmobiles in their driveway for up to 14 days prior to Memorial Day and 14 days after Labor Day for the express purposes of cleaning, maintenance and seasonal preparation. Addendum to the AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS Affecting Prairie Creek and Prairie Creek II Subdivisions (Lots 1-117) Subdivisions located in the Town of Menasha, Winnebago County, Wisconsin The change listed below was adopted by the Prairie Creek Property Owners Association at its 2015 Annual Meeting on March 3, The addendum to the DECLARATION OF RESTRICTIVE COVENANTS will remain in effect until such time that the covenants are refilled with the office of the Register of Deeds for Winnebago County, Wisconsin. The language listed below supersedes covenant #32. 32)Bylaws Assessments. Additional activities of the Association, including fixing assessments, shall be governed by and administered pursuant to the provisions contained in the Bylaws of the Prairie Creek Property Owner Association, Ltd. Is empowered, pursuant to Article VI of the Bylaws of said Association, to fix and collect assessments to provide for their operation, care, maintenance and upkeep of all areas for which the Association is responsible. In its exercise of authority under Article VI of said Bylaws, the Board of Directors has the power and duty to collect a late fee $5.00 for the first 30 thirty day delinquent period and $25.00 for the second and third 30 thirty day delinquency periods. At such time a property owner becomes 90 ninety days delinquent the Association shall take all legal action necessary to collect the assessment and late fees. If the Association takes such action, the property owner shall be responsible for all legal costs associated with the collection of the default. To suspend the voting rights (becoming a member who is not in good standing) and right to use the recreational facilities of a member during any period in which suchmember shall be in default in the payment of any assessment levied by the Association. Such rights may be suspended after notice and hearing, for a period not to exceed sixty days for infraction of published rules and regulations. 11