(001) Rock River Leisure Estates Property
Owners Association Inc, the owner of the real property described in Section 1 of Article II
of this Declaration.
(002) Developers desire to create on said
real property and on such additions as may hereafter be made thereto (as
provided in Section 2 of Article II) a development known as Wisconsin's Rock River
Leisure Estates, in accordance with a general plan or scheme, clusters of lots
for vacation cottage sites and recreational vehicle sites, and for recreational
improvements and permanent green areas or other open spaces.
(003) Developers desire to provide for
the protection of the values, amenities, and qualities in the development and
for the maintenance, improvement, regulation and preservation of Common Properties
(grounds and facilities) and, to this end, subject the Properties in the
development to the covenants and rules, set forth in this Declaration each and
every one of which pertains to said properties and is for the benefit of each
future owner thereof and the Developers.
(004) Developers will incorporate under
the laws of the State of Wisconsin, as a non-profit membership corporation, WISCONSIN'S ROCK RIVER LEISURE
ESTATES HOMEOWNERS' ASSOCIATION, INC., and delegate and assign to it the
powers of maintaining, improving, regulating and preserving the Common
Properties, administering and enforcing the covenants and rules and collecting
and disbursing the assessments and charges hereinafter created.
(005) Developers declare that the real
property in the development, including such additions as may hereafter be made
thereto (as provided in Section 2 of Article
I), is and shall be held, conveyed and
occupied subject to the covenants and rules set forth in this Declaration.
(006) The following words or phrases,
when used in this Declaration or any Supplementary Declaration of Covenants and
Rules (unless the context shall prohibit) shall have the following meaning:
(007) Developers:
shall mean and refer to Charles F. Dolan and Harry B. Blizzard and their heirs,
personal representatives, successors or assigns, specifically including
Wisconsin Recreational Properties, Inc.
(008) Association: shall mean and refer to Wisconsin's Rock River
Leisure Estates Home Owners' Association, Inc.
(009) Properties:
shall mean and refer to all such Existing Property (as provided in Jan Section 1
of Article II) and additions thereto from Additional Property (as Provided in
Section 2 of Article II) as are subject to
this Declaration or any Supplementary Declaration of Covenants and Rules.
(010) Lot:
shall mean and refer to any numbered lot shown upon any recorded final plat of
the Properties.
(011) Common Properties: shall
mean and refer to all Outlots as numbered and shown on the final plat of the
road right of way area numbered Outlot 12,
and shall refer to Outlot areas A and B of the first and second additions to
Wisconsin's Rock River Leisure Estates, as shown on Ex. 2.
(012) Owner:
shall mean and refer to the record owner, whether one or more persons or
entities, of a fee, or undivided fee, interest or to a person or entity, which
has an interest as a contract purchaser in any Lot situation upon the
Properties, but shall not mean or refer to any person or entity who holds such
an interest merely as a security for the performance of an obligation.
(013) Member:
shall mean and refer to any Owner who is a member of the Association.
(014)
Board: shall mean and refer to the Board
of Directors of the Association.
(015) Recreation
Vehicle: shall mean and refer to a temporary
dwelling used for travel recreation and vacation use. For size limitation,
refer to Article V, Section 4 (e).
(016) Covenants: are a legal promise that land may
be used or may not be used in a certain way, and is particularly an express
agreement between the Developers, Association and lot purchasers.
(017) Covenants: These Covenants shall become a part
of the plat by reference in a recorded document with the plat. Provisions of
Articles I thru V
of this Declaration shall be deemed to be Covenants.
(018) Facilities:
shall mean and refer to roads, water, sewers, ski run, swimming pools, tennis
courts, ski run, ball diamond, boat docks, boat storage area and other
recreational storage and service structures.
(019) Auxiliary
Services: shall mean and refer to Laundromat, food and sundry store,
golf shop, ski shop, snack bar and other structures consistent with the
purposes of the development.
(020) Family:
shall be mean refer to one or more persons living together in one dwelling unit
as a single housekeeping entity, provided that a family may consist of not more
then two such persons when not related by blood or marriage.
(021) Living
Space: shall mean and refer to all
heated indoor area, not including porches, sun decks, basements, attics,
attached garages, breezeways, carports, crawl spaces and the like.
(022) The real property which is and
shall be held, conveyed and occupied subject to the Covenants and Rules set
forth in this Declaration is located in Rock County, State of Wisconsin, and is
more particularly described as follows:
(023) Part of the West one-half (W 112) of Section Twelve (12)
and part of the East one-half (E 112) of
Section Eleven (11), Town 4 North, Range 12
East of the 4th P.M., Township of
Fulton, Rock County, Wisconsin. Full legal description is attached and marked
Ex. 1.
(024) Additional Property may become
subject to the Covenants and Rules set forth in this Declaration.
(025) Developers, their heirs, personal
representatives, successors and assigns shall have the right to bring within
the general plan or scheme of this Declaration Additional Property in future
stages of development. Additions, if any, shall comply with the standards set
forth in this document.
(026) The additions shall be subject to
assessment for their just share of Association expenses.
(027) The Developers, their heirs,
personal representatives, successors and assigns, are not obliged to bring any
Additional Property within the general plan or scheme of development, other
than Outlot areas shown on Exhibit 2
attached hereto.
(028) Any additions authorized under the
Section shall be made by recording a "Supplementary Declaration of
Covenants and Rules" with respect to such additions, which shall extend
the general plan or scheme of the Covenants and Rules of this Declaration to
the lands added.
(029) General
Provisions. Unless expressly
dedicated to the public by the Home Owners' Association, as far as is
consistent with this Declaration, all common properties depicted on the
recorded plats (all numbered outlots) are and shall remain Private and are to
be available to and for the benefit of all lot owners in existing and future
units.
(030) A commitment to that effect, signed
by the Developers, appears on the face of Exhibit 2.
(031) Developers covenant for themselves,
their heirs, personal representatives, Successors and assigns:
(031A) To set aside certain lands as Common
Properties as set forth in the various plats to be recorded,
(031B) To improve the Common Properties,
(031C) To open the Common Properties to the
common use and enjoyment in conformity with Section 2; and
(031D) To convey, by a warranty deed, a fee
simple title to the Common Properties to the Association, subject to the
Covenants and Rules in accordance with the standards and timetable specified in
the following sub-sections.
(032) Grounds:
(i.e. permanent green areas and other open spaces to be used for recreational
purposes and for preservation of the environmental qualities of the
development).
(033) Facilities:
(i.e., buildings or other improvements for administrative, maintenance, Service
or recreational purposes with the tracts of land on which they are situated).
Facilities on the
Additional Property:
(034) Developers shall have the right to
establish and build facilities on any addition made from the Additional
Property, upon favorable review of The Board of Directors of the Home Owners'
Association.
Relationship between
Facilities and Grounds:
(035) Unless this Declaration provides to
the contrary, the Association shall have the right subsequently to establish
additional recreational facilities as part of its Common Properties.
(036) Unless this Declaration provides to
the contrary, at any time after the sale of the 2501h
lot, the Association shall have the right to expand any originally established
facility, or reduce, reasonably modify the character of close, or remove any
originally or subsequently established facility.
(037) Land may be withdrawn from the
grounds only for the purposes set forth in this Article III, Section 1, (022) and (023) and within the limits established by the Board
of Directors of the Association and by a two-thirds vote of the membership at
the Annual Meeting, excepting to the original plans of this development.
Special Provisions regarding
Operation and/or Disposition of Facilities on the Existing Property:
(038) In the event that the Association
elects, by vote of at least 75% of its
membership, to close or discontinue operation and maintenance of any facility originally
established on the Existing Property, any such facility shall revert to:
(038A) First, the Developers, who shall
have the option to continue operation and maintenance of the facility or
(038B) Secondly, should a facility be
removed, the land on which it was situated shall become part of the Grounds.
(039) Each and every Member, his family
members and guests residing with him in his household shall have the rights of
the use and enjoyment of the Common Properties, subject to the Covenants and
Rules stated in this Declaration and other reasonable regulations which the
Board shall have the power to prescribe.
(040) The Board and the assigns of the
Association shall have the power to impose and collect reasonable fees for the
use of those facilities for which a User fee is deemed necessary.
(041) In the event that Developers or the
Board elect to make certain facilities available for public use as well as the
use of Members and guests of Members, any fee schedules established for such
facilities will be graduated to reflect preferential treatment in favor of:
(041A) Members and their immediate
facilities;
(042B) Guests of Members; and
(042C) The general public, in that order.
(042) The Board shall have the power to
suspend a Member's rights to use and enjoy the Common Properties for any period
during which any assessment remains unpaid, and for any period not to exceed
thirty (30) days for any infraction of the
Covenants and Rules as stated in this Declaration of its published regulations
for the use, protection and preservation of the Common Properties.
Section 3. Protection and
Preservation of Common Properties:
(043) For the duration of the Covenants
and Rules set forth in this Declaration, the area of the Common Properties
depicted in the final plats shall not be reduced by sale or development, subject
to exceptions stated in this Declaration.
(044) No portion of the grounds depicted
in the final plats shall be diverted to residential development or facilities,
subject to exceptions stated in this Declaration.
(045) The grounds shall be preserved in
their natural state, subject to additional approved recreational facilities,
reasonable civil cultural measures (i.e., removal of dead or diseased trees),
and measures of soil protection as they may be approved by the Board.
(046) No person shall dump any garbage,
trash or other refuse anywhere on the Common Properties, except in such places
as may be designated for such purposes by the Board.
(047) Likewise, no person shall engage in
any tree cutting, trail making, burning or like activity on the Common
Properties; any such activity, if consistent with the purposes of this
Declaration and in the interests of the development, shall be carried out only
by persons specifically authorized by the Board.
(048) The Board shall have the power to
prescribe other reasonable regulations for protection and preservation of the
Common Properties.
(049) The Association shall have the
right to borrow money for the purpose of improving the Common Properties and in
aid thereof to mortgage said properties.
(050) In the event that the Developers
have mortgaged any of the Common Properties, they shall have satisfied such
mortgages prior to conveyance of title to said properties to the Association.
(051) Developers may construct and
operate on the Common Properties a Laundromat and other auxiliary services,
limited to a maximum of 100,000 square feet of building area.
(052) All structures on common areas
shall be limited to those owned by the Association or the Developer.
(053) All lots in the development of
Wisconsin's Rock River Leisure Estates shall be used for the following purposes
only:
(053A) Vacations Cottage Sites: shall be lots consisting of a
minimum of nine thousand (9,000) square feet
and less than twenty-five thousand (25,000)
square feet, plus the rights to the Common Properties, except that the
following lots exceeding twenty-five thousand (25,000)
square feet may be used as Vacations Cottage Sites: Lots 224, 225, 226, 227 and 228
of the First Addition to Wisconsin's Rock River Leisure Estates.
(053B) Recreational Vehicle
Sites: shall
be lots consisting of less than nine thousand (9,000)
square feet, plus the rights to the Common Properties, except that the
following lots exceeding nine thousand (9,000)
square feet may be used as Recreational Vehicle Sites: Lots 8 thru 18, Lots
143 and 144,
and Lots 158 thru 164
of Wisconsin's Rock River Leisure Estates, and Lots 186,
187, 223,
229, 232,
233, 308
and 309 of First Addition to Wisconsin's
Rock River Leisure Estates.
(054) Recreational vehicle locations and
all buildings shall be located at least twenty-five (25)
feet from the public right-of-way and ten (10)
feet from any lot line, except when lot shape and topography on recreational
vehicle sites prevent these set back requirements. On Ellendale Road, the set
back shall be fifty (50) feet from the
public right-of-way.
(055) Any lot less than nine thousand (9,000) square feet in size shall not be used for a
permanent residence.
(056) All building exteriors, including
exterior color, shall be completed within one (1)
year from date of issuance of building permit.
(057) The Association for themselves,
their heirs, personal representatives, successors, assigns and licensees,
reserve a perpetual easement of 10 feel
along the rear line of all lots, together with an easement of 15 feet in width along both sides of all road
right-of-way and such an easement 7 1//2 feet
in width along the side lines of each lot, together with the right of ingress
and egress thereon for the installation, operation, maintenance and servicing
of utility lines and facilities and drainage ditches and appurtenances thereto,
together with the right to trim, cut or remove any structure, trees or brush
necessary for the above purposes.
(058) Except, where any owner of two or
more lots, the side of which adjoin, constructs a building which will cross
over or through a common lot side line prior to the installation of any utility
lines across such easement, said consolidated lot shall not be subject to the
aforementioned 7 1/2 foot easement along the
line common to both lots.
(059) Also, except where a lot shall be
acquired by the owners of lots adjoining it on both sides and shall apportion a
portion of said lot to such adjoining lots, the easements across the sides of
the lots involved shall shift to a 7 1/2 foot
strip along the sides of each newly constituted lot.
(060) The owners of lots within the
subdivision shall have no cause of action against the association, their heirs,
personal representatives, successors or licensees, either at law or in equity
by reason of any damage caused said lots in the installation, operation or
maintenance of above mentioned utilities, except in cases of gross negligence.
(061) Two (2)
or more lots may be used as a single building site except recreational vehicle
sites.
(062) Each lot owner must belong to the
association and has one (1) vote in the
association, all with equal rights and privileges. In the event of multiple lot
ownership, said owner shall have no more than one (1)
vote.
(063) After the sale of the 250th lot, the Board of Directors of
the Association shall consist of seven (7)
members, nominated and elected at large from the membership of the Association.
Directors shall be elected to serve a two-year (2)
term.
(064) Parking for at least two (2) cars shall be provided for each lot.
(065) Storage of boats, snowmobiles and
all terrain vehicles shall be stored in approved storage areas. Cycles, garden,
lawn and similar equipment shall be stored in approved storage sheds.
(066) No more than 25% of a lot can be cleared for improvements and
there shall be no removal of any foliage within five (5)
feet of a lot line and no living tree larger than four (4) inches in diameter shall be removed other than in the 25% improvement area, except for installation of
public utilities, driveways and drainage control.
(067) No sign larger than one square foot
is allowed on any lot by an owner except the Developer.
(068) No lots shall be used as a roadway.
(069) No partially destroyed dilapidated
structure or open basement is permitted.
(070) No dry wells or fill system will be
used on any individual lot. Refuse containers shall be kept out of sight except
for garbage pick -up days.
(071) All sewage and water shall be disposed
of through the Consolidated Koshkonong Sanitary District.
(072) No lot owner or other person may
construct or utilize any other form of disposal on or from the Development.
(073) Developers shall have the right of
first refusal of any lot by a lot owner in the development, which right of
refusal shall be consistent with all applicable state and federal laws.
(074) All road rights-of-way shall remain
the property of the developers and, or the association and not of the
individual abutting lot owner.
(075) Covenants may be added to or
removed from this Declaration by a three fourths (3/4)
vote of the membership of the association and Rules by a two thirds (2/3) vote.
(076) All lot owners must use the water
services provided by the Rock River Leisure Estates Cooperative; no lot owner
may use any other water source or drill any well in Wisconsin's Rock River
Leisure Estates or in any addition thereto.
Section 3, Covenants
Relating to Vacation Cottage Sites:
(077) Architectural approval of all plans
on all buildings shall be by the Board of Directors of the Association.
(078) The minimum foundation area of
living space shall be seven hundred (750)
square feet.
(079) The maximum foundation area of
living space shall be fifteen hundred (1500)
square feet.
(080) There shall be only one (1) single family dwelling unit per lots, limited
to single-family occupancy.
(081) All buildings must be approved for
architecture and building material by the Board of Directors of the
Association.
(082) The only buildings allowed on these
lots are non-dwelling, such as storage and boat sheds architecturally approved
by the Board of Directors of the Association.
(083) All initial site preparation for
recreational vehicle lots for extension of sewer and water thereto and the
construction of the entrance roads thereto shall be constructed exclusively by
the Developers with prime concern for soil conservation.
(084) There shall be only one
recreational vehicle per recreational vehicle site.
(085) All recreational vehicles must be
fully self-contained (i.e., full bath, with toilet and shower or tub, and no
fuel storage is allowed exceeding one hundred (l00)
gallons of L.P. gas and ten (10) gallons of
other liquid fuels.
(086) Recreational vehicles shall comply
with the maximum definition of the state of Wisconsin statute.
(087) Pick-up trucks with slip-on campers
and fold-out trailers shall not be allowed except for a limited time determined
by the Association.
(088) All non-dwellings such as storage
sheds and garages must be approved for architecture and building material by
the Board of Directors of the Association.
(089) No second recreational vehicle may
be parked or stored on any recreational vehicle lot. A visiting recreational
vehicle may be approved by the Board for a maximum stay of two (2) weeks per year for each different recreational
vehicle.
(090) A recreational vehicle on a recreational
vehicle lot shall not be used as a permanent residence.
(091) Fencing of any type is prohibited.
(092) The Association shall control,
maintain, improve and manage Association owned land and establish, control and
enforce lot restrictions and control and enforce lot covenants.
(093) Outlots 1
thru 12 in Wisconsin's Rock River Leisure
Estates, Outlots 13 thru 19 in Wisconsin's Rock River Leisure Estates first
addition, Outlots 20 thru 28 in Wisconsin's Rock River Leisure Estates
second addition, as shown on the final plat and its exhibits shall be deeded,
at no cost, to the Association by the Developers at the time of the sale of the
250th lot.
(094) Until the sale of the 250th lot, the Board of Directors of
the Association shall consist of three (3)
members, one of the Developers, the Manager appointed by the Developers and one
(1) member elected annually in the month of
May by the Association.
(095) The Association shall maintain the
common properties, facilities, roads, and highway right-of-way associated with
such roads and all constructed recreational facilities.
(096) Annual Association maintenance fee
shall not exceed three hundred dollars ($300.00)
unless the Association, by a two-thirds (2/3)
vote of the membership (a minimum of 250
members) votes to assess property owners an annual sum of money in excess of $300.00 to insure the maintenance of the common
properties, facilities, roads and highway right-of-way associated with such
roads, and for state and local government taxes, and other ordinary and
necessary expenses.
(097) Said assessment shall be equitably
based on a per lot basis. The Board of Directors may designate as a single lot
for assessment purposes when there are two adjacent lots, if used as one (1) lot.
(098) Maintenance fee shall be due upon
sale of lot and pro-rated to May 31 and due
each year thereafter on May 31. Said fee may
be paid in such installments as determined by the Board of Directors.
(099) Capital improvements beyond those
provided by the Developers shall be at the cost of the Association by special
assessment upon approval by seventy-five per cent (75%)
of the Association members, (a minimum of 250
members).
(100) Insurance and taxes will be paid by
the Developers on all land and improvements maintained and operated by the
Association and until the land is deeded to the Association.
(101) Should the Association, by a vote
of seventy-five per cent (75%) of its
members (a minimum of 250 members), decide
to disband the Association because of failure to meet its maintenance,
management or enforcement obligations, all land and improvements owned by the
Association shall be offered for sale to the Town of Fulton, County of Rock,
State of Wisconsin, or any other party, in that order, for a park, at one-half
the appraised value at the time of the sale.
(102) The appraised value shall be determined
by three appraisers, one to be selected by the Association, one by the
aforesaid governmental agency or other party, and the third to be selected by
these two appraisers.
(103) Coin operated laundry facilities
shall be provided in the recreation hall.
(104) No open storage of any kind will be
allowed on ground, including under any recreational vehicle.
(105) Snowmobile, all terrain vehicle and
motorcycle usage shall be restricted to areas and times approved by the Board
of Directors.
(106) Maintenance equipment owned by the
Developers and desired by the Association, shall be sold to the Association at
the depreciated cost at the time of the sale of the 250th
lot.
(107) Payment for this equipment will be
by $100.00 from each initial annual maintenance
fee, starting at the sale of the 251st lot
and running until the equipment is paid off.
(108) Failure to pay Annual Association
maintenance fee will result in loss of use of the community water system and
loss of use of all recreational facilities, and shall be added as an assessment
against the lot owner and proper legal action shall be instigated to collect
such dues and fees.
(109) The community water system shall be
owned and operated by Rock River Leisure Estates Cooperative, a Wisconsin cooperative.
(110) Trash must be picked up from
enclosed containers and may not be burned.
(111) Failure to remove trash shall be
cause for the Association to shut off the community water system.
(112) No animals shall be kept or
maintained on any lot, except the usual household pets; and, in such cases, the
pets shall be so kept and maintained as not be become an unreasonable annoyance
or nuisance to other residents in the development, by reason of movement, noise
or odor.
(113) No kennel shall be established in
the development.
(114) A kennel is defined as housing more
than two (2) dogs.
(115) Only current licensed motor
vehicles or travel trailers may be parked on any lot at any time.
(116) Non-licensed motor vehicles and
non-recreational vehicle trailers may not be parked on any lot at any time.
(117) One (1)
recreational vehicle, parked or stored, per lot, and occupied not over two (2) weeks per year is allowed.
(118) Recreational vehicles must conform
with Recreational Vehicle Institute Code and display seal of same.
(119) Recreational vehicles must be a
minimum of seventeen (17) feet in length.
(120) The Covenants of this Declaration
shall run with and bind the land, and shall inure to the benefit of and be
enforceable by the Association, or the Owner of any land subject to this
Declaration their respective legal representatives, heirs, successors, and
assigns, for a term of thirty (30) years
from the date this Declaration is recorded, after which time said Covenants
shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then
Owners of two-thirds (2/3) of the Lots has
been recorded, agreeing to change said Covenants in whole or in part.
(121) Any notice required to be sent to
any Member or Owner under the provisions of this Declaration shall be deemed to
have been properly sent when mailed, postpaid, to the last known address of the
person who appears as Member or Owner on the records of the Association at the
time of such mailing.
(122) Enforcement of these Covenants
shall be by any proceeding at law or in equity against any person or persons
violating or attempting to violate any Covenant, either to restrain violation
or to recover damages, and against the land to enforce any lien created by
these Covenants; and failure by the Association or
any Owner to enforce any Covenant herein contained shall in no event be deemed
a waiver of the right to do so thereafter.
(123) Invalidation of anyone of these
Covenants by judgment or court order shall in no way affect any other provisions
which shall remain in full force and effect.
(124) On any occasion that a matter is
subject to vote, all lot owners shall be notified of the content and context of
the material to be voted upon and have the right to vote by proxy.
(125) Beginning at the S.B. corner of
Section 11, T. 4N.,
R.12 E. of the 4th
P.M., Fulton Township, Rock County, Wisconsin,
(126) Thence South 88 -29'-50" West, 386.21
feet to the centerline of Kidder Road,
(127) Thence North 10 -22'-40" West along said center line, 1481.88 feet,
(128) Thence continuing along said
centerline north 12 -51'-10" West, 468.21 feet,
(129) Thence South 89 -56' East, 767.80
feet,
(130) Thence North 00 -23'-06" East, 524.17
feet to a point, which point is 209.71 feet
south of the East 1/4 corner of Section 11 aforesaid,
(131) Thence South 89 -56'-07" East, 891.39
feet to the centerline of Kidder Road,
(132) Thence North 12 -45' -34" West, 472.91
feet,
(133) Thence North 12-45'-34" West, along centerline of said
Road, 446.75 feet to a point of curve,
(134) Thence Northeasterly along a curve
convexed Northwesterly 355.332 feet, having
a radius of 370.00 feet, the chord being
North 14 -45' -06" East, 341.82 feet to a point of curve,
(135) Thence Northeasterly along a curve
convexed Northwesterly 97.74 feet, having a
radius of 545.42 feet, the chord being North
47 -23'-47" East, 97.61 feet to a point of tangency,
(136) Thence North 52 -31' -48" east, 85.20
feet to a point of curve on the centerline of Ellendale Road,
(137) Thence Northeasterly along a curve convexed
Northwesterly, 237.88 feet, having a radius
of 732.00 feet, the chord being North 61 -50' -24" East, 236.84
feet to a point of curve,
(138) Thence Northeasterly along a curve
convexed Northwesterly 145.39 feet, having a
radius of 648.17 feet, the chord being North
77 -34'-33" East, 145.08 feet to a point of curve,
(139) Thence Northeasterly along a curve
convexed Northwesterly, 326.94 feet, having
a radius of 1661.73 feet, the chord being
North 89 -38' -17" East 326.41 feet to a point of curve,
(140) Thence Southeasterly along a curve
convexed Northeasterly 196.45 feet, having a
radius of 889.93 feet, the chord being South
78 -24'-06" East, 196.05 feet to a point of tangency on said
centerline,
(141) Thence South 72 -04' -3 9" East, 3.17
feet along said centerline,
(142) Thence South 72 -04'-39" East, along said centerline 250 feet,
(143) Thence South 00 -09'21" West, 275.23
feet to a point,
(144) Thence South 72 -04'-39" East, 136.48
feet to a point,
(145) Thence North 00 -13'-00" East, 275.15
feet to the centerline of Ellendale Road,
(146) Thence along said centerline South 81 -25'-39" East, 124.16
feet,
(147) Thence along said centerline North 88 -35' -36" East, 221.00
feet,
(148) Thence along said centerline South 84 -14'-24" East, 290.28
feet,
(149) Thence along said centerline South 89 -21' -24" East, 342.88
feet,
(150) Thence along said centerline North 85 -49'36" East, 254.00
feet,
(151) Thence South 02 -02'-16" West, 427.23
feet,
(152) Thence South 87 -56'-10" East, 251.86
feet,
(153) Thence South 02 -13' -31" East, 457.41
feet,
(154) Thence
South 86 -16' -00" East 136.00 feet
to the West RO.W. Line of
Interstate 90,
(155) Thence South 9 -38' -00" East along said RO.W. Line 45.67 feet,
(156) Thence South 13 -27'-00" East, along said RO.W. Line 333.42 feet
to a point of curve,
(157) Thence Southeasterly along a curve
convexed Northeasterly 257.26 feet, having a
radius of 22,773.33 feet, the chord being
South 13 -D7' -35" East, 257.26 feet,
(158) Thence South 72 -09'-41" West from a point on said curve,
918.93 feet,
(159) Thence South 00 -02'-50" East, 1910.30
feet to the South line of said Section 12,
(160) Thence South 89 -10'-20" west, 1276.78
to the S.W. Corner of Section 12 aforesaid,
and the place of beginning, reserving there from all the land within 33.00 feet measured at right angle from the
centerline of Kidder Road and Ellendale Road for highway purposes.
(161) Lot Number 1
of Certified Survey Map recorded in the office of the Register of Deeds, Rock
County, Wisconsin on the 22nd day
of August, 1978, in Volume 8 of Certified Survey Maps, Page 34 as Document No. 893030,
being part of the Southwest Quarter of Section 12,
Town 4 North, Range 12
East of the Fourth Principal Meridian, Fulton Township, Rock County, Wisconsin.
(162) Included in the above description
is the recorded plat of Wisconsin's Rock River Leisure Estates in Fulton
Township, Rock Co., Wis.; recorded in the office of the Register of Deeds, Rock
County, Wisconsin, June 13, 1975, at 2:30
P.M. in Volume 27 Plats, Pages 21, 22, 23 and 24,
Document 830430.
(163) Included in the above description
is also the recorded plat of Wisconsin's Rock River Leisure Estates First
Addition, in Fulton Township, Rock County, Wisconsin, recorded in the office of
the Register of Deeds, Rock County, Wisconsin, on February 1, 1977, in
Vol. 28 of Plats, Pages 18, 19, 20 and 21, as
Document No. 859006.
Recorded Dates:
(164) Articles of Incorporation, Vol. 543, Page 246-248, January 23,
1975
(165) Original Declaration recorded June 26, 1975 Vol. 556, Page 473-494, Document No. 83910.
(166) (Exhibit 2
= Being the large drawing, too large for photographing, was detached from said
foregoing instrument; a copy of said drawing was filed therewith, as Document
No. 83911.)
(167) Additional Covenant dated August 14, 1975,
recorded September 12, 1975 in Vol. 565,
Records, Page 277-279,
Document No. 834279.
(168) Amendment dated June 25, 1976 and
recorded July 7, 1976
in Vol. 602, Records, Page 298-300,
Document No. 848590.
(169) Amendment dated February 19, 1977,
recorded March 21, 1977
in Vol. 634, Records, Page 568, Document No. 861145.
(170) Amendment dated May 24, 1978,
recorded May 26, 1978
in Vol. 701, Page 188
Document No.
(171) Amendment dated May 26, 1979,
recorded June 4, 1982
in Vol. 106, Records, Page 268-271,
Document No. 953732.
(172) Amendment dated August 14, 1999,
recorded August 23, 1999
in Document No. 1432070.