PREAMBLE

 

(001) Developers are the owners of the real property described in Section I 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, integrating clusters of lots for permanent home sites, 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 everyone 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 HOME OWNERS' 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 1), is and shall be held, conveyed and occupied subject to the covenants and rules set forth in this Declaration.

 

ARTICLE I

 

DEFINITIONS

 

(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 meanings:

 

(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 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 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 out lots as numbered and shown on the final plat, including 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 situated upon the Properties, but shall not mean or refer to any person or entity who holds such 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) "Recreational Vehicle" shall mean and refer to a temporary dwelling used for travel, recreation and vacation use.

 

(016) For size limi­tation, refer to Article V Section 4 (e).

 

(017) "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 and lot purchasers.

 

(018) These Covenants shall become a part of the plat by reference in a recorded document with the plat.

 

(019) Provisions of Arti­cles I thru V of this Declaration shall be deemed to be Covenants.

 

(020) "Facilities" shall mean and refer to roads, sewers, ski run, swimming pool, tennis court, ball diamond, recreation building and boat dock.

 

(021) "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.

 

(022) "Family" shall mean and 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 than two such persons when not related by blood or marriage.

 

(023) "Living Space" shall mean and refer to all heated indoor area, not including porches, sun decks, basements, attics, attached garages, breezeways, carports, crawl­spaces and the like.

 

ARTICLE II

REAL PROPERTY SUBJECT TO

THIS DECLARATION: "PROPERTIES"

 

Section 1. Existing Property

 

(024) 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:

 

(025) Part of the West one-half (W 1/2) of Section Twelve (12) and part of the East one-half (E 1/2) of Section Eleven (11), Town 4 North, Range 12 East of the 4th P.M., Township of Fulton, Rock County, Wisconsin.

 

(026) Full legal description is attached and marked Ex. 1.

 

Section 2. Additional Property

 

(027) Additional Property may become subject to the covenants and rules set forth in this Declaration.

 

(028) 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.

 

(029) Additions, if any, shall comply with the standards set forth in this document.

 

(030) The additions shall be subject to assessment for their just share of Association expenses.

 

(031) 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 Out Lot areas shown on Exhibit 2 attached hereto.

 

(032) 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.

 

 

ARTICLE III

 

COMMON PROPERTIES

 

Section 1. Nature and Ownership of Common Properties

 

(033) 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 as well as Areas designated A and B) are and shall remain private and are to be avail­able to and for the benefit of all lot owners in existing and future units.

 

(034) A commitment to that effect, signed by the developers, ap­pears on the face of Exhibit 2.

 

(035) Developers covenant for themselves, their heirs, personal representatives, successors and assigns:

 

(036) To set aside certain lands as Common Properties as set forth in the various plats to be recorded;

 

(037) to improve the Common Properties;

 

(038) to open the Common Properties to the common use and enjoyment in conform­ity with Section 2; and

 

(039) 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 subsections.

 

(040) Grounds (i.e. permanent green areas and other open spaces to the used for recre­ational purposes and for preservation of the enrivonmental qualities of the develop­ment).

 

(041) Facilities (i.e. buildings or other improvements for administrative, maintenance, ser­vice or recreational purposes, with the tracts of land on which they are situated).

 

(042) Facilities on the Existing Property: The type, general location (Shown on the preliminary plan) and scheduled completion of facilities is outlined in Table 1.

 

(043) The initial cost of constructing all fa­cilities listed on Table 1 shall be borne by the developers and shall be in good working order and serving the function of their intended use.

 

TABLE I

 

WISCONSIN'S ROCK RIVER LEISURE ESTATES FACILITIES

 

DESCRIPTION P.ND SCHEDULE

 

FACILITY                              AVAILABLE FOR USE                          CONVEYANCE TO ASSOCIATION

 

Roads                                    On or Before                                                            At the time of the sale

                                                November 30, 1976                                                of the 250th Lot

Sewers                                  “                                                                           “

*Water                                    “                                                                           “

Ski Run                                  “                                                                           “

Swimming Pool                   “                                                                           “

Tennis Court                        “                                                                           “

Ball Diamond                       “                                                                           “

Recreation Building            “                                                                           “

Boat Deck                             “                                                                           “

Soil Erosion Control                    “                                                                           “

 

* Water system is controlled and operated by Rock River Leisure Estates Cooperative, for the benefit of cooperative members who con­stitute the lot owners of Wisconsin's Rock River Leisure Estates.

 

Section 4. Transfers of Interests in Common Properties

 

(064) Developers and 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.

 

(065) 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.

 

Section 5. Construction and Operation of Facilities

 

(066) 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.

 

Section 6. Structures on Common Properties

 

(067) All structures on common areas shall be limited to those owned by the Association or the Developer.

 

Section 7 Developers Failure to Complete Project

 

(068) Should the Developers fail to complete the project of the first and second additions of Wisconsin's Rock River Leisure Estates, and before the sale of the 249th lot, that Outlot area A of 9 1/2 acres and Outlot area B of 45 acres, as shown on Exhibit 2, shall be dedicated to the lot owners of record, without cost to said owners.

 

(069) The location of said dedicated open space shall encompass constructed recreational facilities and be contiguous to Wisconsin's Rock River Leisure Estates.

 

ARTICLE IV

 

LOTS

 

SIZE AND USE

 

(070) All lots in the development of Wisconsin's Rock River Leisure Estates shall be used for the following purposes only:

 

(071) "Permanent Home Sites" shall be lots con­sisting of a minimum of twenty thousand (20,000) square feet, plus the rights to the common properties.

 

(072) "Vacation Cottage Sites" shall be lots con­sisting of a minimum of- nine thousand (9,000) square feet and less than twenty thousand (20,000) square feet, plus the rights to the common properties.

 

(073) "Recreational Vehicle Sites" shall be lots consisting of less than nine thousand (9,000) square feet, plus the rights to the common properties.

 

ARTICLE V

 

COVENANTS

 

Section 1. Covenants Relating to All Lots

 

(074) 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 on Ellendale Road the set-back shall be fifty (50) feet from the public right-of-way.

 

(075) Any lot less than nine thousand (9,000) square feet in size shall not be used for a per­manent residence.

 

(076) All building exteriors, including exterior color, shall be completed within one (1) year from date of issuance of building permit.

 

(077) The Developers, for themselves, their heirs, personal representatives, successors, as­signs and licensees, reserve a perpetual easement of 10 feet along the rear line of all lots, together with an easement of 15 feet in width along both sides of all road rights-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.

 

(078) Ex­cept, where an owner of two or more lots, the sides 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.

 

(079) 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.

 

(080) The owners or lots within the subdivision shall have no cause of action against the Develop­ers, 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.

 

(081) Two (2) or more lots may be used as a single building site.

 

(082) Each lot owner must belong to the associa­tion and has one (1) vote in the association, all with equal rights and privileges.

 

(083) In the event of multiple lot ownership said owner shall have no more than one vote.

 

(084) After the sale of the 250th lot, the Board of Directors of the Association shall consist of seven (7) members, four (4) from recreational vehicle lots, two (2) from non-recreational ve­hicle lots up to 20,000 square feet and one (1) from non-recreational vehicle lots larger than 20,000 square feet.

 

(085) Parking for at least two (2) cars shall be pro­vided on each lot.

 

(086) Storage of boats, snowmobiles, toboggans, cycles, all terrain vehicles, garden lawn and similar equipment shall be in approved stor­age sheds.

 

(087) 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.

 

(088) No sign larger than one (1) square foot is allow­ed on any lot by an owner except the de­veloper.

 

(089) No lots shall be used as a roadway.

 

(090) No partially destroyed dilapidated structure or open basement is permitted.

 

(091) No dry wells or fill system will be used on an individual lot.

 

(092) Refuse containers shall be kept out of sight except for garbage pick-up days.

 

(093) All sewage and water shall be disposed of through the Consolidated Koshkonong Sanitary District.

 

(094) No lot owner or other per­son may construct or utilize any other form of disposal on or from the Development.

 

(095) Developers shall have the right of first re­fusal of any lot sold by a lot owner in the de­velopment, which right of refusal shall be consistent with all applicable state and fed­eral laws.

 

(096) All road rights-of-way shall remain the property of the developers and / or the as­sociation and not of the individual abutting lot owner.

 

(097) 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.

 

Section 2. Covenants Relating to Permanent Home Sites

 

(098) Architectural approval of all plans on all buildings shall be by the Board of Directors of the Association.

 

(099) There shall be only one (1) single-family dwell­ing unit per lot, limited to single-family occupancy.

 

(100) No dwelling unit shall be erected or main­tained on any lot having more than two (2) stories.

 

(101) The minimum square footage of Iiving area shall be no less than twelve hundred (1200) square feet for a ranch style; sixteen hundred (1600) square feet for a bi or tri-Ievel; and two thousand (2,000) square feet for a two (2) story.

 

(102) Porches, sun decks, basements, attics, attached garages, breezeways, carports, crawl-spaces and the like shall be excluded from the calculation of living area.

 

Section 3. Covenants Relating to Vacation Cottage Sites

 

(103) Architectural approval of all plans on all buildings shall be by the Board of Directors of the Association.

 

(104) The minimum foundation area of living space shall be seven hundred fifty (750) square feet.

 

(105) The maximum foundation area of living space shall be fifteen hundred (1500) square feet.

 

(106) There shall be only one (1) single family dwell­ing unit per lot, limited to single family occupancy.

 

(107) All owners of lots shall present certificates of insurance and proof of payment of the premi­um to the association for limits of $25,000 of property damage insurance and $100,000/ $300,000 of personal injury insurance, with an agreement to hold the developers harm­less from any liability.

 

(108) 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.

 

(109) Should the Association, by a vote of seventy-­five per cent (75%) of its members (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.

 

(110) 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.

 

(111) Laundry facilities shall be provided in the recreation hall.

 

(112) No storage of any kind shall be allowed on ground, including under any recreational vehicle.

 

(113) Snowmobile, all terrain vehicle and motorcycle use-age shall be restricted to areas and times approved by the Board of Directors.

 

(114) 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.

 

(115) 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.

 

(116) 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.

 

(117) The community water system shall be owned and operated by Rock River Leisure Estates Cooperative, a Wisconsin cooperative.

 

(118) Trash must be picked up from enclosed con­tainers and may not be burned.

 

(119) Failure to re­move trash shall be cause for the Associa­tion to shut off the community water system.

 

(120) 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 to become an un­reasonable annoyance or nuisance to other residents in the development, by reason of movement, noise or odor.

 

(121) No kennel shall be established in the development.

 

(122) A kennel is defined as housing more than two (2) dogs.

 

(123) AII utility connections shall be a type ap­proved by the developers.

 

(124) No non-licensed motor vehicle or trailer may be parked on any lot at any time.

 

Section 2. Rules Relating to Permanent Home Sites

 

(125) One (1) recreational vehicle, parked or stored, per lot, and occupied not over two (2) weeks per year is allowed.

 

Section 3. Rules Relating to Vacation Cottage Sites

 

(126) One (1) recreational vehicle, parked or stored, per lot, and occupied not over two (2) weeks per year is allowed.

 

Section 4. Rules Relating to Recreational Vehicle Sites

 

(127) Recreational vehicles must conform with all federal standards as of 1970 and have certi­fication of same.

 

(128) Recreational vehicles must conform with Recreational Vehicle Institute Code of 1970 and have certification of same.

(129) Recreational vehicles must be a minimum of seventeen (17) feet in length.

 

ARTICLE VII

 

GENERAL PROVISIONS

 

Section 1. Duration

 

(130) 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.

 

Section 2. Notices

 

(131) 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.

 

Section 3. Enforcement.

 

(132) 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.

 

Section 4. Severability.

 

(133) 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.

 

Section 5. Voting

 

(134) 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.

 

 

 

EXHIBIT 1

 

DESCRIPTION SHEET

 

(135) Part of the W. 1/2 of Section 12 and part of the E. 1/2 of Section 11, T. 4 N., R. 12 E. of the 4th P.M., Fulton Township, Rock County, Wisconsin, described as follows:

 

(136) Beginning at the S.E. corner of Section 11, T. 4N., R. 12 E. of the 4th P.M., Fulton Township, Rock County, Wisconsin;

 

(137) thence South 88°-29'-50" West, 386.21 feet to the centerline of Kidder Road;

 

(138) thence North 10°-22'40" West along said center line, 1481.88 feet;

 

(139) thence continuing along said centerline north 12°-51 '-10" West, 468.21 feet;

 

(140) thence South 89°-56'-5" East, 767.80 feet;

 

(141) 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;

 

(142) thence South 89°-56'-07" East, 891.39 feet to the centerline of Kidder Road;

 

(143) thence North 12°-45'-34" West, 472.91 feet;

 

(144) thence North 12°-45'-34" West, along centerline of said Road, 446.75 feet to a point of curve;

 

(145) thence Northeasterly along a curve convexed Northwesterly 355.32 feet, having a radius of 370.00 feet, the chord being North 14°-45'-06" East, 341.82 feet to a point of curve;

 

(146) 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;

 

(147) thence North 52°-31 '-48" East, 85.20 feet to a point of curve on the centerline of Ellendale Road;

 

(148) thence Northeasterly along a curve con vexed 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;

 

(149) 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;

 

(150) 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;

 

(151) 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;

 

(152) thence South 72°-04'-39" East, 3.17 feet along said centerline;

 

(153) thence South 72°-04'-39" East, along said centerline, 250 feet;

 

(154) thence South 00°-09'-21" West, 275.23 feet to a point; thence South 72°-04'-39" E., 136.48 feet to a point;

 

(155) thence North 00°-13'-00" East, 275.15 feet to the centerline of Ellendale Road;

 

(156) thence along said centerline South 81°-25'-39" East, 124.16 feet;

 

(157) thence along said centerline North 88°-35'-36" East, 221.00 feet;

 

(158) thence along said centerline South 84°-14'-24" East, 290.28 feet;

 

(159) thence along said centerline South 89°-21 '-24" East, 343.88 feet;

 

(160) thence along said centerline North 85°-49'-36" East, 254.00 feet;

 

(161)  thence South 02°-02'''16'' West, 427.23 feet;

 

(162) thence South 87°-56'-10" East, 251.86 feet;

 

(163) thence South 02°-13'-31" East, 457.41 feet;

 

(164) thence South 86°-16'-00" East, 136.00 feet to the West R.O.W. line of Interstate 90;

 

(165) thence South 9°-38'-00" East along said R.O.W. line 45.67 feet;

 

(166) thence South 13°-27'-00" East, along said R.O.W. line 333.42 feet to a point of curve;

 

(167) thence Southeasterly along a curve convexed Northeasterly 257.26 feet, having a radius of 22,773.33 feet, the chord being South 13°-07'-35" East, 257.26 feet,

 

(168) thence South 72°-09'-41" West from a point on said curve, 918.93 feet,

 

(169) thence South 00°-02'-50" East, 1910.30 feet to the South line of said Section 12;

 

(170) thence South 89°-10'-20" West, 1276.78 feet to the S.W. corner of Section 12 aforesaid, and the place of beginning, reserving there from all land within 33.00 feet measured at right angle from the centerline of Kidder Road and Ellendale Road for highway purposes.

 

 

(171) 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.

 

(172) SEE NOTE AT FOOT OF PAGE "ii" regarding EXHIBIT 2

 

Created by DPE, Copyright IRIS 2005