DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OUTAGAMIE COUNTY, WISCONSIN THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MALL DEVELOPMENT, A RECORDED SUBDIVISION, TOWN OF GRAND CHUTE, WISCONSIN MADE THIS DECEMBER 13, 2001, BY THE PARTNERSHIP OF: WEST MALL DEVELOPMENT, LLC, OWNER/DEVELOPER, 1818 E. WISCONSIN AVENUE, APPLETON, WI 54911. WHEREAS, DEVELOPER IS THE OWNER OF CERTAIN REAL PROPERTY IN OUTAGAMIE COUNTY, WISCONSIN, THAT WILL BE DEVELOPED AS A RESIDENTIAL SUBDIVISION. NOW, THEREFORE, DEVELOPER HEREBY DECLARES THAT ALL OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT SHALL BE HELD, SOLD, AND CONVEYED SUBJECT TO THE FOLLOWING EASEMENTS, RESTRICTIONS, COVENANTS, AND CONDITIONS. THE EASEMENTS, RESTRICTIONS, COVENANTS, AND CONDITIONS ARE FOR THE PURPOSE OF PROTECTING THE VALUE AND DESIRABILITY OF THE REAL PROPERTY. THE EASEMENTS, RESTRICTIONS, COVENANTS, AND CONDITIONS SHALL RUN WITH THE REAL PROPERTY AND BE BINDING ON ALL PARTIES HAVING ANY RIGHT, TITLE OR INTEREST IN IT, TO INCLUDE THEIR HEIRS, SUCCESSORS, AND ASSIGNS, AND SHALL INURE TO BENEFIT OF EACH OWNER. ARTICLE 1 PROPERTY SUBJECT TO THIS APPLICATION SECTION 1: EXISTING PROPERTY. THE REAL PROPERTY SUBJECT TO THIS DECLARATION IS LOCATED IN OUTAGAMIE COUNTY, WISCONSIN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOTS 2 51 INCLUSIVE AS SHOWN ON WEST MALL DEVELOPMENT FINAL PLATS ON FILE IN OFFICE OF THE REGISTER OF DEEDS, OUTAGAMIE COUNTY, WISCONSIN. SECTION 2: ADDITIONS TO EXISTING PROPERTY. ADDITIONAL RESIDENTIAL PROPERTY AND COMMON AREAS THAT ARE NOT PRESENTLY A PART OF THE GENERAL PLAN OF DEVELOPMENT MAY BE ATTACHED TO WEST MALL DEVELOPMENT BY DEVELOPER. THE ATTACHMENT SHALL BE RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS, OUTAGAMIE COUNTY, WISCONSIN. ARTICLE II USE RESTRICTIONS. SECTION 1: PRIMARY USE RESTRICTIONS. 1. ONLY PRIVATE SINGLE FAMILY DETACHED RESIDENCES ARE ALLOWED ON LOTS 2 through 39. 2. ONLY 2-FAMILY DUPLEX RESIDENCES ARE ALLOWED ON LOTS 40 50. 3. THE HOUSE OR DUPLEX SHALL NOT EXCEED TWO AND ONE-HALF STORIES. 4. NO BUILDING SHALL BE MOVED ONTO ANY LOT. 5. NO LOT SHALL BE FURTHER SUBDIVIDED. SECTION 2: NUISANCES. NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SHALL BE CONDUCTED ON ANY LOT, NOR SHALL ANYTHING BE DONE WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. SECTION 3: USE OF OTHER STRUCTURES AND VEHICLES. 1. NO STRUCTURE OF A TEMPORARY CHARACTER SHALL BE PERMITTED ON ANY LOT EXCEPT TEMPORARY TOOL SHEDS OR FIELD OFFICES USED BY A BUILDER OR DEVELOPER, WHICH SHALL BE REMOVED WHEN CONSTRUCTION OR DEVELOPMENT IS COMPLETED.
2. SUBJECT TO THE APPROVAL OF THE DEVELOPER, AN UNATTACHED BUILDING MAY BE BUILT, SO LONG AS IT IS OF THE SAME EXTERIOR DESIGN, MATERIAL, AND QUALITY OF THE HOME. UNATTACHED BUILDING WILL BE A MAXIMUM OF 225 SQUARE FEET ON ONE LEVEL. SAID BUILDING MUST COMPLY TO ALL SETBACK LINES AND EASEMENTS OR RESTRICTIONS. NO MATERIAL MAY BE STORED OUTSIDE THE UNATTACHED BUILDING OR THE GARAGE. ANY OUTSIDE BUILDING FOR PETS, MUST BE ATTACHED TO THE MAIN STRUCTURE OF THE BUILDING. 3. NO TRAILER, TRUCK, MOTORCYCLE, COMMERCIAL VEHICLE, CAMPER VEHICLE, OR BOAT SHALL BE HABITUALLY PARKED OR KEPT ON ANY LOT, UNLESS HOUSED IN A GARAGE OR BASEMENT. NO AUTOMOBILE THAT IS INOPERABLE SHALL BE HABITUALLY OR REPEATEDLY PARKED OR KEPT ON ANY LOT, EXCEPT IN THE GARAGE, OR ON ANY STREET IN THE SUBDIVISION FOR A PERIOD IN EXCESS OF TWENTY-FOUR HOURS. SECTION 4: ANIMALS. NO ANIMALS, INCLUDING REPTILES, LIVESTOCK, OR POULTRY OF ANY KIND SHALL BE RAISED, BRED, OR KEPT ON ANY LOT, EXCEPT THAT DOGS, CATS, OR OTHER HOUSEHOLD PETS (MEANING THE DOMESTIC PETS TRADITIONALLY RECOGNIZED AS HOUSEHOLD PETS IN THIS GEOGRAPHIC AREA) MAY BE KEPT, PROVIDED THEY ARE NOT KEPT, BRED, OR MAINTAINED FOR ANY COMMERCIAL OR BREEDING PURPOSES. SECTION 5: CLOTHES LINES, FENCES AND WALLS, TENNIS COURTS, SWIMMING POOLS, YARD ORNAMENTS, ANTENNAS AND RECEIVERS/TRANSMITTERS. 1. OUTSIDE CLOTHES LINES MAY BE ERECTED ON ANY LOT UNDER THE FOLLOWING CIRCUMSTANCES: 1) ONLY IN THE REAR OF THE HOUSE. 2) OUTSIDE 25 SETBACK FROM REAR AND SIDE OF LOT. 2. ANY FENCE ERECTED OR PLACED FACING ANY STREET WITHIN THE SUBDIVISION OR EXTENDED ALONG THE SIDE OF THE LOT TOWARD THE FRONT OR STREET SIDE BEYOND THE FRONT WALL OF THE RESIDENCE, WILL NOT EXCEED (4) FEET IN HEIGHT AND WILL BE CONSTRUCTED OF WOOD, STONE, BRICK, OR ROCK. FOLIAGE OR HEDGE FENCES ARE PERMITTED FACING ANY STREET TO A MAXIMUM HEIGHT OF (4) FEET. AND ON THE SIDE OF LOT TO A MAXIMUM HEIGHT OF THE HOUSE ON THE LOT BEHIND THE FRONT WALL OF THE RESIDENCE. NO METAL YARD FENCES ARE ALLOWED. 3. NO TENNIS COURT OR SWIMMING POOL FENCE SHALL BE ERECTED ON ANY LOT IN THE SUBDIVISION UNLESS THE FENCING IS WOODEN OR METAL COATED WITH BLACK OR GREEN VINYL. NO FENCE SHALL BE ERECTED ON THE EASEMENT AREAS. BUT IS OTHERWISE PERMISSIBLE, SUBJECT TO THE INSPECTION OF THE PLAN AND APPROVAL OF THE DEVELOPER, OR ANY PERSON OR ASSOCIATION TO WHOM IT MAY ASSIGN THE RIGHT. 4. NO ABOVE GROUND SWIMMING POOLS SHALL BE ERECTED OR PLACED ON ANY LOT UNLESS ITS DESIGN AND PLACEMENT ARE APPROVED IN WRITING BY THE DEVELOPER OR ANY PERSON OR ASSOCIATION TO WHOM IT MAY ASSIGN THE RIGHT. ANY ABOVE GROUND POOL MUST HAVE A DECORATIVE WOODEN DECK SURROUNDING THE ENTIRE POOL AND BE OF A COMPLEMENTARY NATURE TO THE EXISTING HOME. 5. NO ANTENNA (EXCEPT FOR A STANDARD SMALL TELEVISION ANTENNA OR 30 SATELLITE DISH OR SMALLER MICROWAVE AND OTHER RECEIVERS AND TRANSMITTERS) (INCLUDING THOSE CURRENTLY CALLED SATELLITE DISHES) SHALL BE ERECTED OR PLACED ON ANY LOT. SECTION 6: DUTY TO MAINTAIN LOT. 1. FROM AND AFTER THE DATE OF PURCHASE OF A LOT UNTIL CONSTRUCTION OF A FAMILY RESIDENCE IS BEGUN, THE OWNER IS RESPONSIBLE FOR MAINTENANCE OF THE LOT. SUCH MAINTENANCE WILL INCLUDE BUT WILL NOT BE LIMITED TO MOWING. KEEPING THE LOT FREE FROM TRASH, AND KEEPING FOLIAGE (EXCEPT LEAVES) OFF NEIGHBORING LOTS. UPON FAILURE OF OWNER TO PERFORM, DEVELOPER HAS THE RIGHT TO PERFORM NECESSARY MAINTENANCE. DEVELOPER MAY ASSESS THE LOT OWNER AT AN AMOUNT DEVELOPER DETERMINES NECESSARY TO MAINTAIN THE LOT. 2. FROM AND AFTER THE DATE OF CONSTRUCTION OF A FAMILY RESIDENCE ON A LOT IS BEGUN, IT SHALL BE THE DUTY OF EACH LOT OWNER TO KEEP THE GRASS CUT, TO KEEP THE LOT FREE FORM TRASH, AND TO KEEP IT OTHERWISE NEAT AND ATTRACTIVE IN APPEARANCE. SHOULD ANY OWNER FAIL TO DO SO, THEN DEVELOPER MAY TAKE SUCH ACTION AS IT DEEMS APPROPRIATE, INCLUDING MOWING, IN ORDER
TO MAKE THE LOT NEAT AND ATTRACTIVE, AND THE OWNER SHALL, IMMEDIATELY UPON DEMAND, REIMBURSE DEVELOPER OR OTHER PERFORMING PARTY FOR ALL EXPENSES INCURRED IN SODDING, TOGETHER WITH ALLOWABLE STATUTORY INTEREST, AND DEVELOPER SHALL HAVE A LIEN ON THAT LOT AND THE IMPROVEMENTS THEREON TO SECURE THE REPAYMENT OF SUCH AMOUNTS. SUCH LIEN MAY BE ENFORCED BY FORECLOSURE AGAINST THAT LOT AND THE IMPROVEMENTS THEREON, BUT SUCH LIEN SHALL BE SUBORDINATE TO ANY FIRST MORTGAGE THEREON. SECTION 7: DUTY TO REPAIR AND REBUILD. 1. LOT OWNERS SHALL, AT THEIR SOLE COST AND EXPENSE, REPAIR THEIR RESIDENCE, KEEPING IT IN A CONDITION COMPARABLE TO THAT AT THE TIME OF ITS INITIAL CONSTRUCTION EXCEPTING ONLY NORMAL WEAR AND TEAR. 2. IF ALL OR ANY PORTION OF A RESIDENCE IS DAMAGED OR DESTROYED BY FIRE, OR OTHER CASUALTY, THEN THE OWNER SHALL, WITH ALL DUE DILIGENCE, REBUILD, REPAIR, OR RECONSTRUCT SUCH RESIDENCE WITHIN 180 DAYS, IN A MANNER WHICH WILL SUBSTANTIALLY RESTORE IT TO ITS APPEARANCE CONDITION IMMEDIATELY PRIOR TO THE CASUALTY. SECTION 8: BUSINESS HOME OCCUPATIONS. NO TRADE OR BUSINESS WILL BE CONDUCTED ON ANY LOT, IN ANY HOME OR UNATTACHED BUILDING, NOR WILL ANYTHING BE DONE THEREON WHICH MAY CREATE OTHER THAN RESIDENTIAL TRAFFIC OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. HOWEVER, HOME OFFICES WILL BE ALLOWED FOR INDIVIDUALS WHOSE WORK DOES NOT CREATE BUSINESS TRAFFIC WITHIN THE SUBDIVISION. NOTWITHSTANDING THE PROVISIONS HEREOF OR OF SECTION 1, A NEW HOUSE MAY BE USED BY A BUILDER AS A MODEL HOME FOR DISPLAY OR FOR THE BUILDER S OWN OFFICE PROVIDED SAID USE TERMINATES WITHIN EIGHTEEN MONTHS FROM COMPLETION OF THE HOUSE OR UPON SUCH ADDITIONAL PERIOD OF TIME AS MAY EXPRESSLY AGREED TO IN WRITING BY DEVELOPER. SECTION 9: SIGNS. NO SIGN FOR ADVERTISING OR FOR ANY OTHER PURPOSE SHALL BE DISPLAYED ON ANY LOT OR ON A BUILDING OR A STRUCTURE ON ANY LOT, EXCEPT ONE SIGN BY THE BUILDER AND ONE SIGN BY THE REALTOR OR OWNER ADVERTISING THE SALE THEREOF, WHICH SHALL NOT BE GREATER IN AREA THAN SIX SQUARE FEET EACH: PROVIDED, HOWEVER, DEVELOPER SHALL HAVE THE RIGHT TO (I) ERECT LARGER SIGNS WHEN ADVERTISING THE SUBDIVISION (II) PLACE SIGNS ON LOTS DESIGNATING THE LOT NUMBER, AND (III) FOLLOWING THE SALE OF A LOT, PLACE SIGNS ON SUCH LOT INDICATING THE NAME OF THE PURCHASER. THIS RESTRICTION SHALL NOT PROHIBIT PLACEMENT OF OCCUPANT NAME SIGNS AND LOT NUMBERS AS ALLOWED BY APPLICABLE ZONING REGULATIONS. SECTION 10: DRAINAGE. DRAINAGE OF EACH LOT SHALL CONFORM TO THE GENERAL DRAINAGE PLANS OF DEVELOPER FOR THE SUBDIVISION, DRAINAGE ON RECORD WITH THE TOWN OF GRAND CHUTE. EACH LOT OWNER IS REQUIRED TO OBTAIN NECESSARY INFORMATION REGARDING DRAINAGE FROM THE TOWN OF GRAND CHUTE. NO STORM WATER DRAINS, ROOF DOWN SPOUTS, OR GROUND WATER SHALL BE INTRODUCED INTO THE SANITARY SEWAGE SYSTEM. CONNECTION ON EACH LOT WILL BE MADE WITH WATERTIGHT JOINTS IN ACCORDANCE WITH ALL APPLICABLE PLUMBING CODE REQUIREMENTS. THE RETENTION PONDS ARE THE OUTLOTS OF THE SUBDIVISION AND ONLY PEOPLE WHOSE LANDS ABUT TO THE RETENTION PONDS ARE TO HAVE ACCESS AND USE OF THAT SAID PROPERTY ONLY. THE RETENTION AND/OR DETENTION POND OUTLOTS WITHIN THIS SUBDIVISION SHALL BE JOINTLY AND EQUALLY OWNED AND MAINTAINED BY ALL LOT OWNERS IN THIS SUBDIVISION, AS THEY WILL BENEFIT ALL LOT OWNERS. HOWEVER, ANY RECREATIONAL USE OF THE OUTLOTS SHALL BE LIMITED TO AND RESTRICTED TO THE OWNER(S) OF IMMEDIATE ADJOINING LOTS. SECTION 11: DISPOSAL OF TRASH. NO LOT SHALL BE USED OR BE MAINTAINED AS A DUMPING GROUND FOR RUBBISH, TRASH, OR GARBAGE. TRASH, GARBAGE, OR OTHER WASTE WILL NOT BE KEPT EXCEPT IN SANITARY CONTAINERS. ALL RUBBISH, TRASH, OR GARBAGE GENERATED IN THE CONSTRUCTION OF THE RESIDENCE AND LANDSCAPING THE YARD ARE THE RESPONSIBILITY OF THE LOT OWNER, AND SHALL BE REMOVED FROM THE LOT.
SECTION 12: UNDERGROUND UTILITY SERVICE. 1. EACH PROPERTY OWNER S ELECTRIC, NATURAL GAS, TELEPHONE, AND CABLE TELEVISION UTILITY SERVICE LINES SHALL BE UNDERGROUND THROUGHOUT THE LENGTH OF SERVICE FROM WISCONSIN NATURAL GAS COMPANY, AND WISCONSIN ELECTRIC POWER COMPANY, AND GRAND CHUTE UTILITIES, WATER & SEWER COMPANY AND AMERITECH PHONE COMPANY, AND CABLEVISION POINT OF DELIVERY TO THE CUSTOMERS BUILDING. COST OF HOOKUP TO RESPECTIVE UTILITY, AND MAINTENANCE THEREOF SHALL BE BORNE BY THE LOT OWNER UPON WHOSE LOT THE SERVICE LINE IS LOCATED. APPROPRIATE EASEMENTS ARE HERBY DEDICATED AND RESERVED TO EACH LOT OWNER, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER ABUTTING LOTS OR PROPERTIES TO INSTALL, OPERATE AND MAINTAIN SERVICE LINES TO: WISCONSIN NATURAL GAS COMPANY, P.O. BOX 907, APPLETON, WI 54911 GAS COMPANY, AND WISCONSIN ELECTRIC POWER COMPANY, P.O. BOX 1699, APPLETON, WI 54911 ELECTRIC COMPANY, AND AMERITECH, P.O. BOX 2159, APPLETON, WI 54911 PHONE COMPANY, AND TIME WARNER CABLE, P.O. BOX 145, KIMBERLY, WI 54136 CABLEVISION TERMINATION POINTS. EASEMENTS ARE AS RECORDED ON PLOT MAP INDICATING SUBJECT PROPERTY. ALL EASEMENTS SHOWN ON THE PLOT WILL BE MAINTAINED AND PRESERVED IN THEIR PRESENT CONDITION AND NO ENCROACHMENT THEREON AND NO CHANGE IN THE GRADE OF ELEVATION THEREOF WILL BE MADE BY ANY PERSON OR LOT OWNER WITHOUT THE EXPRESS WRITTEN CONSENT OF RESPECTIVE UTILITY COMPANY AND DEVELOPER. ABOVE GROUND TRANSFORMERS AND PEDESTALS MAY BE INSTALLED AT APPROPRIATE POINTS IN ANY EASEMENT. ARTICLE III ARCHITECTURAL CONTROL. SECTION 1: ARCHITECTURAL REVIEW COMMITTEE. SO LONG AS DEVELOPER OWNS ANY LOT, DEVELOPER SHALL HAVE THE OPTION TO ESTABLISH A COMMITTEE (THE COMMITTEE SHALL HAVE AT LEAST THREE BUT NO MORE THAN TWELVE PEOPLE) TO REVIEW ANY MATTER COVERED BY THESE DECLARATIONS. IN THE ABSENCE OF THE DEVELOPER PROVIDING SUCH A COMMITTEE, THE OWNERS OF NOT LESS THAN 74% OF THE TOTAL LOTS PLATTED OR TO BE PLATTED MAY FORM SUCH A COMMITTEE. SECTION 2: APPROVAL OF CONSTRUCTION PLANS. ALL BUILDING PLANS AND SITE PLANS WILL BE SUBMITTED TO DEVELOPER AND APPROVED BY THE DEVELOPER OR ANY PERSON OR ASSOCIATION WHOM IT MAY ASSIGN SUCH RIGHT BEFORE ANY CONSTRUCTION BEGINS. ANY PLANS, SITE PLANS, AND SPECIFICATIONS NOT DISAPPROVED BY DEVELOPER WITHIN 19 DAYS OF RECEIPT SHALL BE DEEMED APPROVED. SECTION 3: BUILDING MATERIALS ROOF. 1. THE EXTERIOR BUILDING MATERIAL OF ALL STRUCTURES SHALL EXTEND TO THE GROUND LEVEL AND SHALL BE EITHER BRICK, STONE, BRICK VENEER, STONE VENEER, WOODEN SIDING, VINYL SIDING, OR ANY COMBINATION OF THE SAME. DEVELOPER RECOGNIZES THAT THE APPEARANCE OF OTHER EXTERIOR BUILDING MATERIALS MAY BE ATTRACTIVE AND INNOVATIVE AND RESERVES THE RIGHT TO APPROVE IN WRITING THE USE OF OTHER EXTERIOR BUILDING MATERIALS. 2. THE ROOF PITCH OF ANY RESIDENTIAL STRUCTURE SHALL NOT BE LESS THAN A PLANE OF 4 INCHES VERTICAL FOR EVERY PLANE OF 12 INCHES HORIZONTAL. 3. THE ROOF PITCH OF ANY SINGLE FAMILY STRUCTURE SHALL NOT BE LESS THAN A PLANE OF 6.5 INCHES VERTICAL FOR EVERY PLANE OF 12 INCHES HORIZONTAL. SECTION 4: SINGLE FAMILY HOMES MINIMUM FLOOR AREAS. THE FOLLOWING SHALL BE THE MINIMUM FLOOR AREAS FOR SINGLE FAMILY HOMES TO BE CONSTRUCTED AFTER THIS INSTRUMENT IS RECORDED.
1. THE GROUND FLOOR OF A ONE STORY AND THE MAIN FLOOR OF BI-LEVEL HOMES SHALL BE A MINIMUM OF 1400 SQUARE FEET, EXCLUSIVE OF THE GARAGE ON ALL CORNER LOTS AND 1500 SQUARE FEET ON ALL INSIDE SINGLE FAMILY LOTS. 2. THE GROUND OF A ONE AND A HALF STORY HOUSE SHALL BE A MINIMUM OF 1200 SQUARE FEET. THE TOTAL SQUARE FEET SHALL BE A MINIMUM OF 2000 SQUARE FEET. 3. THE GROUND FLOOR OF A TWO STORY OR GREATER HOUSE SHALL BE A MINIMUM OF 1200 SQUARE FEET. THE TOTAL SQUARE FEET SHALL BE A MINIMUM OF 2000 SQUARE FEET. 4. THE TOP TWO LEVELS OF A SPLIT LEVEL OR QUAD LEVEL SHALL BE NO LESS THAN 1400 SQUARE FEET. 5. FINISHED BASEMENTS, GARAGES, AND OPEN PORCHES ARE NOT INCLUDED IN COMPUTING FLOOR AREAS. SECTION 4: DUPLEXES OR ZONED 2 FAMILY LOTS MINIMUM FLOOR AREAS. THE FOLLOWING SHALL BE THE MINIMUM FLOOR AREAS FOR DUPLEXES OR 2 FAMILY HOUSES TO BE CONSTRUCTED AFTER THIS INSTRUMENT IS RECORDED. 1. THE GROUND FLOOR OF A RANCH STYLE DUPLEX OF A 2 FAMILY HOME SHALL BE A MINIMUM OF 1100 SQ. FT. PER SIDE. 2. THE GROUND FLOOR OF A 2 STORY OR BI-LEVEL DUPLEX OF A 2 FAMILY HOME SHALL BE A MINIMUM OF 800 SQ. FT. PER SIDE. SECTION 5: SETBACKS. NO STRUCTURE SHALL BE LOCATED ON ANY LOT NEARER TO THE FRONT, REAR OR SIDE STREET LINE THAN THE MINIMUM BUILDING SETBACK LINES STIPULATED BY APPLICABLE ZONING REGULATIONS. ALL FRONT SETBACKS WILL BE A MINIMUM OF 30 FEET EXCEPT FOR LOTS 48, 49 AND 50 WHICH WILL BE A MINIMUM OF 25 FEET. DEVELOPER MAY INCREASE ADDITIONAL ESTABLISHED SETBACK LINES; IN ITS SOLE DISCRETION, WHERE NOT IN CONFLICT WITH APPLICABLE ZONING REGULATION. SECTION 6: ELEVATIONS. EACH LOT OWNER IS REQUIRED TO VERIFY AND ABIDE BY THE DWELLING FOUNDATION ELEVATIONS AS DETERMINED BY THE TOWN OF GRAND CHUTE. SECTION 7: GARAGES CARPORTS. 1. EACH HOUSE MUST HAVE AT A MINIMUM AN ATTACHED TWO-CAR GARAGE, MAXIMUM OF THREE-CAR GARAGE. 2. EACH SIDE OF THE DUPLEX MUST HAVE AT A MINIMUM AN ATTACHED ONE-CAR GARAGE, MAXIMUM OF THREE-CAR GARAGE. 3. GARAGES FOR A HOUSE MUST BE A MINIMUM OF 480 SQUARE FEET, AND A MAXIMUM OF 940 SQUARE FEET. 4. GARAGES FOR A DUPLEX MUST BE A MINIMUM OF 288 SQUARE FEET PER SIDE, AND A MAXIMUM OF 676 SQUARE FEET PER SIDE. 5. NO CARPORTS ARE ALLOWED. SECTION 8: LANDSCAPING; SIDEWALK; DRIVEWAYS; TREES. 1. WITHIN 9 MONTHS OF THE FINAL COMPLETION OF CONSTRUCTION OF A RESIDENCE, THE LOT OWNER SHALL GRADE AND EITHER SEED OR SOD THAT PORTION OF THE LOT NOT USED FOR BUILDINGS, PAVED ENTRANCES, OR ATTRACTIVE LANDSCAPING. WITHIN THE SAME 9 MONTH PERIOD, OWNER IS ALSO REQUIRED TO PLANT ONE TREE (1 ½ TO 2 IN DIAMETER) IN THE FRONT YARD SETBACK. 2. EACH LOT OWNER SHALL CONCRETE OR ASPHALT THE DRIVEWAYS WITHIN 9 MONTHS AFTER COMPLETION OF A SINGLE FAMILY RESIDENCE. 3. LOTS 15, 19, 20, 29, 30, 39 WILL NOT HAVE A DRIVEWAY ACCESS ON TO BROOKVIEW DRIVE. SECTION 9: REMOVAL OF DIRT. SO LONG AS DEVELOPER OWNS ANY LOT, DEVELOPER RESERVES THE RIGHT TO DIRECT THE DISPOSITION OF ANY DIRT WHICH IS TO BE REMOVED FROM THE LOT. HOWEVER, SUCH DISPOSITION AS DIRECTED BY DEVELOPER SHALL BE WITHIN A ONE-MILE RADIUS OF THE LOT.
SECTION 10: CONSTRUCTION COMPLETION OCCUPANCY. 1. CONSTRUCTION OF A HOME MUST START WITHIN 24 MONTHS OF PURCHASE FROM DEVELOPER OR WITHIN 24 MONTHS FROM THE DATE THE LOT IS BENEFITED BY SEWER AND WATER SERVICE, WHICHEVER IS LATER. NO BUILDING MATERIAL SHALL BE PLACED ON ANY LOT MORE THAN 30 DAYS PRIOR TO THE TIME THAT CONSTRUCTION BEGINS: DEVELOPER RESERVES AN OPTION TO PURCHASE LOT(S) AT THE PRICE WHICH DEVELOPER SOLD IT IF THE OWNER WISHES TO SELL THE LOT(S) WITHOUT HAVING COMMENCED CONSTRUCTION. 2. CONSTRUCTION OF ALL BUILDING STRUCTURES MUST BE COMPLETED WITHIN NINE MONTHS OF INITIATION OF CONSTRUCTION. CONSTRUCTION INITIATES WHEN BUILDING MATERIALS ARRIVE ON SITE OR EXCAVATING BEGINS. 3. ALL DWELLINGS WILL BE COMPLETED PRIOR TO OCCUPANCY. SECTION 11: ENFORCEMENT OF ARTICLE III. UPON AN OWNER S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE III, DEVELOPER MAY TAKE SUCH ACTIONS AS NECESSARY TO COMPLY THEREWITH, AND THE OWNER SHALL IMMEDIATELY, UPON DEMAND, REIMBURSE DEVELOPER OR OTHER PERFORMING PARTY FOR ALL EXPENSES INCURRED IN SO DOING, TOGETHER WITH ALLOWABLE STATUTORY INTEREST, AND DEVELOPER SHALL HAVE A LIEN ON THAT LOT AND THE IMPROVEMENTS THEREON TO SECURE THE REPAYMENT OF SUCH AMOUNTS. SUCH LIEN MAY BE ENFORCED BY FORECLOSURE AGAINST THAT LOT AND THE IMPROVEMENTS THEREON, BUT SUCH LIEN SHALL BE SUBORDINATE TO ANY FIRST MORTGAGE THEREON. ARTICLE IV GENERAL PROVISIONS. SECTION 1: OUTAGAMIE COUNTY DRAINAGE. 1. MAINTENANCE OF ALL DRAINAGE WAYS AND ASSOCIATED STRUCTURES WITHIN THE SUBDIVISION OR SERVING THE SUBDIVISION IS THE SOLE RESPONSIBILITY OF THE PROPERTY OWNERS OF THE SUBDIVISION, UNLESS NOTED OTHERWISE. 2. UPON FAILURE OF THE PROPERTY OWNERS TO PERFORM MAINTENANCE OF THE DRAINAGE WAYS AND ASSOCIATED STRUCTURES, THE COUNTY AND/OR TOWNSHIP RETAINS THE RIGHT TO PERFORM MAINTENANCE AND/OR REPAIRS. THE PAYMENT OF SAID MAINTENANCE AND/OR REPAIRS SHALL BE EQUALLY ASSESSED AMONG THE PROPERTY OWNERS OF THE SUBDIVISION UNLESS SPECIFIED OTHERWISE. 3. STORM WATER DETENTION BASIN. LOT 51 OF KAE ESTATES IS HEREBY DESIGNATED AS AN OUTLOT TO SERVE AS A STORM WATER DETENTION BASIN FOR THIS DEVELOPMENT. ONCE THE CONSTRUCTION OF THE DETENTION BASIN IS COMPLETE, THE OWNERS OF LOTS (2) THRU (50) INCLUSIVE WILL BE RESPONSIBLE FOR THE COSTS TO REPAIR AND MAINTAIN THE DETENTION BASIN. IN THE FUTURE A REGIONAL STORM WATER BASIN MAY BE CONSTRUCTED BY THE TOWN OF GRAND CHUTE, WHICH MAY RESULT IN THE ABANDONMENT OF THIS DETENTION BASIN. IN THE EVENT OF AN ABANDONMENT, WITH THE PERMISSION OF THE TOWN OF GRAND CHUTE, THE OUTLOT DESIGNATION WOULD BECOME OBSOLETE AND RESPONSIBILITY WOULD REVERT BACK TO WEST MALL DEVELOPMENT, LLC. SECTION 2: ENFORCEMENT. THE DEVELOPER AND/OR THE OWNERS BENEFITED BY THIS DECLARATION MAY ENFORCE THESE CONDITIONS, COVENANTS AND RESTRICTIONS USING ANY AVAILABLE LEGAL OR EQUITABLE REMEDIES INCLUDING BY WAY OF EXAMPLE ONLY, AFFIRMATIVE OR RESTRICTIVE INJUNCTIONS. IN THE EVENT OF LITIGATION TO ENFORCE THESE CONDITIONS, COVENANTS, AND RESTRICTIONS, THE NON-PERFORMING PARTY OR THE PARTY VIOLATING ANY OF THE CONDITIONS, COVENANTS, AND RESTRICTIONS SHALL REIMBURSE THE DEVELOPER AND/OR OWNERS FOR ALL OUT-OF POCKET EXPENSES (INCLUDING ACTUAL ATTORNEYS FEES AND COURT COSTS) INCURRED IN SUCCESSFULLY ENFORCING THESE CONDITIONS, COVENANTS, AND RESTRICTIONS. FAILURE OF ANY OWNER OR DEVELOPER TO DEMAND OR INSIST UPON OBSERVANCE OF ANY OF
THESE RESTRICTIONS, OR TO PROCEED FOR RESTRAINT OF VIOLATIONS, SHALL NOT BE DEEMED A WAIVER OF THE VIOLATION OF THE RIGHT TO SEEK ENFORCEMENT OF THESE RESTRICTIONS. SECTION 3: SEVERABILITY. INVALIDATION OF ANY ONE OF THESE COVENANTS BY JUDGMENT OR COURT ORDER SHALL IN NO WAY AFFECT ANY OF THE OTHER PROVISIONS WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 4: RESTRICTIONS RUN WITH THE LAND. UNLESS CANCELLED, ALTERED OR AMENDED UNDER THE PROVISIONS OF THIS PARAGRAPH, THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON ALL PARTIES CLAIMING UNDER THEM FOR A PERIOD OF TWENTY YEARS FROM THE DATE THIS DOCUMENT IS RECORDED, AFTER WHICH TIME THEY SHALL BE EXTENDED AUTOMATICALLY FOR SUCCESSIVE PERIODS OF TEN YEARS. UNLESS AN INSTRUMENT SIGNED BY A MAJORITY OF THE THEN OWNERS OF THE FRONT FOOTAGE OF ALL LOTS SUBJECT TO THESE RESTRICTIONS BEEN RECORDED AGREEING TO CHANGE THESE RESTRICTIONS AND COVENANTS IN WHOLE OR IN PART. THESE RESTRICTIONS MAY BE CANCELED, ALTERED, OR AMENDED AT ANY TIME BY A WRITTEN INSTRUMENT SIGNED BY THE OWNERS OF THE LOTS WITH 75 PERCENT OF THE VOTES IN THE SUBDIVISION AND RECORDED IN THE OFFICE OF THE CLERK OF OUTAGAMIE COUNTY, WISCONSIN, PROVIDED, HOWEVER, THAT SUCH AMENDMENT, ETC., TO BE EFFECTIVE, SHALL REQUIRE THE WRITTEN APPROVAL, IN RECORDABLE FORM, OF THE DEVELOPER SO LONG AS DEVELOPER OWNS AT LEAST 10% OF THE LOTS. THE DEVELOPER: 1. MAY ADD CONTIGUOUS PLATTED REAL ESTATE TO THE CONDITIONS, COVENANTS, AND RESTRICTION HEREOF, AND; 2. MAY AMEND THE SAME WITH NOTICE TO THE ADDRESS OF ALL KNOWN OWNERS. IF THE OWNERS OF NOT MORE THAN 50% OF THE LOTS OBJECT TO THE AMENDMENT IN WRITING TO THE DEVELOPER AND/OR THE ARCHITECTURAL REVIEW COMMITTEE WITHIN 19 DAYS FROM THE DATE NOTICE IS GIVEN BY THE DEVELOPER. WHEN LOTS ARE ADDED, THE ADDITIONAL ADDED LOTS ARE TO BE INCLUDED IN THE COMPUTATION OF ALL PERCENTAGES FROM THE DATE OF SUCH ADDITION. SECTION 5: VOTING. WHENEVER OWNERS HAVE A RIGHT TO VOTE, THE OWNERS SHALL HAVE SUCH A RIGHT PROPORTIONAL TO THE NUMBER OF OR FRACTION OF LOT(S) THEY OWN. DEVELOPER FOR ALL PURPOSES OF THIS DECLARATION IS CONSIDERED AN OWNER. SECTION 6: RECEIPT OF COVENANTS, CONDITIONS, AND RESTRICTIONS. INDIVIDUAL LOT OWNER ACKNOWLEDGES RECEIPT OF THESE COVENANTS, CONDITIONS, AND RESTRICTIONS BY RECORDING TITLE TO RESPECTIVE LOT WITHIN WEST MALL DEVELOPMENT SUBDIVISION. THESE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ARE EXECUTED BY WEST MALL DEVELOPMENT, LLC, THE OWNER OF WEST MALL DEVELOPMENT SUBDIVISION. WEST MALL DEVELOPMENT, LLC BY CARL D. ROMENESKO DATE SOLE MEMBER