Canar Pines DECLARATION OF DEVELOPMENT COVENANTS and RESTRICTIONS Salmon Investments, LLC and/or Michael J Miller, herein referred to as developer, the owner of a parcel of land, the legal description which is listed as a subdivision of Lot 1, CSM, V.8, P.267 NW ¼ - SW ¼, NE ¼ - SW ¼ and the SE ¼ - NW ¼, Section 16, T18N R9W, Town of Trempealeau, Wisconsin, and incorporated by reference (hereinafter the lots ) hereby makes the following declaration as to limitations, restrictions and uses of the land within the plat for the benefit of the present owners and all future owners of the lots platted or to be platted within the boundary of the Canar Pines Development, a subdivision of Lot 1, CSM, V.8, P.267 NW ¼ - SW ¼, NE ¼ - SW ¼ and the SE ¼ - NW ¼, Section 16, T18N R9W, Town of Trempealeau, Wisconsin. The declarations herein shall be covenants running with the land, as provided by law, and shall be binding on all parties and all persons claiming under them; these declarations of restrictions are designed for the purpose of keepings all lots desirable, uniform and suitable in architectural design and use as specified herein. I. Land Use Control The lots shall be used for single family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than a one (1) family residential dwelling with an attached garage for a minimum of two (2) cars. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure shall have been approved by the developer as to the design, quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography, finish grade elevations and exterior property lines, and as to compliance with these restrictions. The exterior color shall be one which will complement the environment of the area. No other improvement shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure shall have been approved by the developer as to the design, quality of workmanship and materials, harmony of external design with existing structures, and as to location and as to compliance with these structures. All drawings for lot improvements must be submitted to the developer in duplicate for their approval. Approvals and disapprovals shall be in writing. The developer must receive and approve any changes from originally approved plans before changes to the construction may be made. It is the intent of the developer to maintain the forested/wooded beautification of the development. Therefore, no more than 50% of the lot area can be utilized for lawn, residences, pools or other structures. Clear cutting of the property is strictly prohibited.
II. Land Use and Construction Requirements (a) No dwelling shall be permitted on any lot unless the dwelling meets the following minimum requirements: The ground floor of the main structure, exclusive of one-story open porches and garages, shall not be less than fifteen hundred and fifty (1,550) square feet for a one-story (1) dwelling and nineteen (1,900) square feet of a multi-story or split level dwelling. A two (2) or more car garage shall be attached to the residence and must be of the same quality materials and match the construction of the primary dwelling. (b) No single, doublewide, trailer, modular or prefabricated type homes shall be permitted. Exceptions will be made for dwellings using SIP type of construction. More or less, all dwellings must be constructed on site and not just set into place, commonly referred to as stick built construction. (c) No trailers, garage, shack, tent, barn or outbuilding shall be used as a temporary or a permanent residence. (d) All materials must be of good quality and chosen for aesthetic or complimentary value to other residences. (e) All driveways must be asphalt surfaced from the street towards the dwelling for a distance of 50 at the time of construction completion. Lot owner then has 9 months from completion of the dwelling to complete driveway to dwelling. Surface then can be concrete, asphalt or brick paver materials. Lot owners with driveways more than 100 from edge of main road pavement to residence may install gravel drive, but at a minimum install shall install 50 of asphalt surface from the street. (f) All dwellings must not be constructed closer than seventy (70) feet from physical town road. No portion of any building shall be located within twenty (20) feet of any side lot line. (g) A second (2) garage, one (1) story only and between two (2) and three (3) cars in size, may be constructed on any lot, detached from its residence, provided it is of the same quality materials and residence. (h) A storage type building, that constructed of pole type construction, steel wall and roof panels are allowed, if approved and permitted by the town or Trempealeau County. This structure can be placed no closer than seventy (70) feet from the rear line of the main dwelling. (i) No carports, roof type shelters or temporary shelters shall be allowed on any lot. (j) The owner of a residence may conduct a home based business. The lot owner will provide off street parking on said lot and no home based business parking will be allowed on town roads. III. Subdivision of Lots No lot, once it has been platted by developer, shall be subdivided.
IV. Signs No advertising signs of any type shall be erected or placed on any lot. Signs advertising the sale of the development lots will be allowed. Signs by construction contractors shall also be allowed, but only during the time of construction and must be removed thirty (30) days after dwelling construction is completed. Home based businesses are permitted one (1) sign on the exterior of the dwelling, but it can be no larger than six (6) square feet and must meet any county or town regulations. The development may have a sign used to display the development and lot layout. Upon all lots being sold and closed, developer will remove development sign within sixty (60) days after the sale and closing of the developments last lot. V. Postal Service Office. Postal regulations for the development will be followed as directed by the United State Post VI. Animals No wild animals or livestock shall be allowed on any lot with the exception that lot owner may keep not more than two (2) dogs and/or four (4) cats or per the local town ordinance. No kennels or outside pet structures will be allowed unless they are place behind the rear residence line. An owner of any pet shall promptly cleanup and dispose of any/all excrement from any land subject to these covenants and must not exceed Trempealeau County regulations or ordinances. Animals that are deemed a nuisance, will be removed within ten (10) days of receiving nuisance violation from developer or local authorities. VII. Nuisances (a) No lot shall be used in whole or part for the storage of rubbish of any character whatsoever, nor for the storage of property or things that cause such lot to appear in an unclean or untidy condition or that is obnoxious to the eye; nor shall any substance, thing, or material be kept upon any lot that will emit foul or obnoxious odors, or that causes noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants surrounding the property. (b) No disabled, unregistered or unlicensed automobiles, farm machinery, equipment, supplies, lawn tractors, trailers, recreational vehicles, campers, mobile homes, motor homes, or buses are to be kept or stored on any lot, or on a public street adjoining the lot unless they are stored inside. (c) No commercial vehicles or trailers shall be parked, placed or allowed to remain on any lot or street with the exception of any period during construction of a dwelling or except for normal delivery purposes. (d) No elevated tanks of any kind shall be erected, placed, or permitted on any lot. (e) No side yard fencing shall be allowed from the front edge of the residence to the front of the lot. Side and rear lot line fencing and material must be approved by the developer prior to construction.
(f) All lot owners shall mow and maintain the lot area and keep the lot area free from all noxious weeds, whether or not any structure has been constructed upon the lot. If a lot owner fails to maintain the lot free of noxious weeds, the developer may maintain the same and/or contract to have the lot suitably maintained and assess the lot owner the cost of such maintenance. The developer, in legal proceedings at law or in equity, may collect any unpaid assessments and the developer shall have the right to collect all courts costs and reasonable attorney s fees incurred in collecting the assessment. Notwithstanding these maintenance requirements, a lot owner may permit up to twenty-five (25) percent of the yard area to be developed and planted with native plants and grasses, provided that it remains free of noxious weeds and is suitably maintained as a natural area. VIII. Swimming Pools Swimming pools will be permitted if they are enclosed in a locked fence area and meet the town and/or county requirements. Fencing material to be approved by developer. IX. Outdoor lights, TV Dishes and Towers Exterior lighting attached to a separate post or pole and exceeds fourteen (14) feet in height are not allowed. No television dishes/discs larger than eighteen (18) inches in diameter shall be allowed. Radio and Television towers that exceed twelve (12) feet must be approved in writing before installation, by developer. X. Easements All lots shall be served with electrical, natural gas, telephone and internet services and other utilities that are established. All easements shall provide for the installation and maintenance by the particular utility company. Easements are hereby expressly reserved for the creation, construction, and maintenance of the water drainage ditches or channels. Such water drainage easements shall be confined to ten (10) feet along each side of every lot. No property owner shall alter in any way, by fill or cut, any natural or preconstructed drainage ditch or channel or block water drainage within ten (10) feet of the lot line without written consent of the developer nor shall any substantial cut or alteration of natural terrain, other than the excavation for basements or driveways be made without developer approval. XI. Committee Membership So long as the developer owns any lots, the committee shall consist of only one (1) or more persons designated by the developer. After the developer no longer owns any lots, a committee shall be formed and consist of three (3) persons elected by majority vote of the lot owners with each lot entitled to one (1) vote. After the developer no longer owns any lots, any lot owner may call for an election of the committee members, provided no more than one (1) election shall occur within any twelve (12) month period. No committee member shall be compensated for services performed pursuant to this covenant.
The committee s approval or disapproval, as required in these covenants, shall be in writing. The majority vote of the committee shall control. In the event the committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it in writing, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the relevant covenants shall be deemed to have been fully complied with. IN WITNESS WHEREOF: The said parties as developer and owner of the above, hereunto set their hand and seal this day of, 2016. CANAR PINES DEVELOPMENT by: SALMON INVESTMENTS, LLC. and MICHAEL J MILLER. PRESIDENT STATE OF WISCONSIN ) COUNTY OF TREMPEALEAU ) ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Salmon Investments, LLC, represented by its Corporate Officer, Michael J Miller, President, as developer and owner for the above described subdivision, acknowledged the execution of the above and forgoing RESTRICTIVE COVENANTS as their Voluntary Act and Deed. WITNESS My Hand and Notarial Seal this day of, 2016. Notary Public Printed My Commission expires, 2016.