PROTECTIVE COVENANTS FOR ROSE TREE HILLS AND FIRST

ADDITION TO ROSE TREE HILLS TOWN OF CENTER, OUTAGAMIE COUNTY, WISCONSIN

Description is amended to include

All lots and outlets in Rose Tree Hills, Town of Center, Outagamie County. Wisconsin And all lots and outlets in First Addition To Rose Tree Hills. Town of Center, Outagamie County. Wisconsin.

WHEREAS, the undersigned owner contemplates the sale and transfer of various parcels and lots in the following described real estate situated in Outagamie County. Wisconsin. to wit:

Rose Free Hills. Town of Center. Outagamie County. Wisconsin. And First Addition to Rose Tree Hills. Town of Center. Outagamie County. Wisconsin

AND. WHEREAS, such owner believes it advisable to establish protective covenants and restrictions which will preserve and protect the desirability, beauty and value of the above described property for the benefit of all the owners thereof and their heirs, personal representatives, successors and assigns

NOW THEREFORE, m consideration of the aforementioned purpose, it is agreed that the following protective covenants and restrictions are established and binding upon the above described property

1    PURPOSE The purpose of these restrictions is to insure the use of the property for attractive residential purposes only, to prevent nuisance, to prevent the impairment of the attractiveness of the property. and to maintain the desired tone of the community, and thereby to insure to each site owner the full benefit and enjoyment of this or her home, with no greater restriction on the free and undisturbed use of the site than is necessary\ to insure the same advantages to the other site owners

2    LAND USE AND BUILDINGS. All lots will be used for SINGLE FAMILY dwellings only No building shall be erected, altered, placed, or permitted to remain on any lot other than one single-family residential dwelling not to exceed two and one-half stories in height. All dwellings shall have a minimum of a 3-car garage with side entrance preferred.  All homes must have a minimum 7/12 roof pitch. All exposed concrete on porches must have brick or stone veneer face. All dwellings must have 50% brick or veneer face on front of home. No pre-built or prefabricated homes shall be permitted. Each lot owner, as a part of the post home construction, is responsible to bring his/her lot into full compliance with the approved subdivision drainage plan. Landscaping must be completed within one year of construction of home. Permanent lawns must be established with grades in conformance with the approved drainage plan within one (1) year after initial occupancy of any home. All homes must have an attached garage

Stage 1

MINIMUM SQUARE FOOTAGE REQUIREMENTS

A   The ground floor of a one-story shall be a minimum of 1 700 square feet

B   The ground floor of a 2 story or greater house shall be a minimum of 1200 square feet. The total square feet shall be a minimum of 2200

C   The ground floor of a 1-1/2 story shall be a minimum of 1200 square feet. The total square feet shall be a minimum of 1800 square feet

D   Finished basements, garage, sunroom. breeze way and porches are not included in computing floor areas.

E   Raised ranches, split-levels, quad levels, earth homes, geodesic domes, log homes, and manufactured homes are not allowed to be constructed nor moved onto any lot

F    Stage I consists of lots 1.2.3.4.5.6.7.8.9.10.11.12.13.14.51.52

Stage II

MINIMUM SQUARE FOOTAGE REQUIREMENTS

A   The ground floor of a one-story shall be a minimum of 1900 square feet

B   The ground floor of a 2 story or greater house shall be a minimum of 1500 square feet The total square feet shall be a minimum of 2500

C    The ground floor of a 1-1/2 story shall be a minimum of 1500 square feet The total square feet shall be a minimum of 2500 square feet

D   Finished basements, garage, sunroom. breeze way and porches are not included in computing floor areas

E    A minimum of 9-foot ceilings in the entry being visible from the street on which the dwelling is located is preferred

F    Raised ranches, split-levels, quad levels, earth homes, geodesic domes, log homes, and manufactured homes are not allowed to be constructed nor moved onto any lot.

G Stage II consists of lots 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 50

Stage III

1     MINIMUM SQUARE FOOTAGE REQUIREMENT

A   The ground floor of a one-story shall be a minimum of 2,000 square feet

B   The ground floor of a 2 story or greater house shall be a minimum of 1,500 square feet. The total square feet shall be a minimum of 3,000

C   The ground floor of a 1 -1/2 story shall be a minimum of 1,500 square feet The total square feet shall be a minimum of 2,800 square feet

D   Finished basements, garage, sunroom. breeze way and porches are not included in computing floor areas

E.   A minimum of 9-foot ceilings in the entry being visible from the street on which the dwelling is located is preferred

F    Raised ranches, split-levels, quad levels, earth homes, geodesic domes, log homes, and manufactured homes are not allowed to be constructed nor moved onto any lot.

G. Stage III consists of lots 43. 44. 45. 46. 47. 48. 49

Stage I, II, and III

1    NUISANCES. No noxious or offensive activity shall be carried on upon any lot. nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

2    SET-BACKS. All the lot set-backs shall be according to town and county ordinances or as shown on the recorded plat, whichever is greater

3    HOME CONSTRUCTION COMPLETION Construction of all residential buildings shall be completed on the outside before occupancy and the inside shall he completed within 12 months of visible commencement of work.  Lawns and landscaping shall be completed within 12 months of occupancy

4    BUILDING MATERIAL. No building material shall be placed on any lot more than 30 days prior to the time that construction is to begin. At all times during construction, the site shall be maintained in a neat and orderly manner, to the satisfaction of the developer. All trash and waste shall be kept in sanitary containers and out of the public eye

5    EXCESS MATERIAL. The developer reserves the right to direct the disposition of any fill, including excess excavation fill, which is to be removed from the lot at the Owner's expense. Such disposition shall be within a 10-mile radius of the lot from which it was removed

6    SIGNS AND ANTENNA No sign or antenna, including earth stations (satellite dishes) shall be displayed or exposed to the public view, except as follows

• One professional sign of not more than one (1) square feet
• One sign of not more than five (5) square feet advertising the property for sale or rent
• One sign of not more than ten (10) square feet, used by the builder to advertise the property during the construction and sales period, except that the Developer may utilize signs of any size for advertising properties in said subdivision for sale.
• No antenna may extend more than five (5) feet above the roofline
• No solar panels can be visible from the front yard
• Satellite dishes, of no more than two (2) feet in diameter and attached directly to the dwelling that are not visible from the front side of dwelling, are allowed.
  

7   PLACEMENT OF GARAGE ENTRANCE

• Side load.
• Front load garage must have full brick or veneer on face that is visible from the road of home and garage
• Two-car side load, one car front load must have 50% brick or veneer on face that is visible from the road
• One car side load, two-car front load must have 50% brick or veneer on face that is visible from the road.
• All other inquiries must go through the review committee for approval

8.    GARAGE SIZE. All dwellings shall have a minimum of three (3) car-attached garage with side entrance preferred

9. BASEMENT AND GARAGE CONCRETE All homes shall have basements or footings extending a minimum of four (4) feet below grade and all garages shall have standard concrete/masonry footings and flooring

10   USED BUILDINGS.  No used building shall be moved onto any lot

11   COMPLETED All homes and garages shall be completed before the home is occupied, within 12 months

12   HEIGHT No dwelling shall exceed two and one-half (2 1/2) stories in height above the finished grade level

13    TEMPORARY STRUCTURE No structure of a temporary nature, trailer, tent, shack, barn or similar structure shall be permitted on any lot used temporarily or permanently as a residence or for storage other than contractor equipment that is approved by the developer without prior written approval by the developer

14   CLOTHES LINES. Outside clotheslines may be erected only in the rear of the residential building and within an outside setback of 25' from the rear and sides of the lot

15   EASEMENTS. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easement The easement area of each lot and all improvements on it shall be maintained continuously by the owner of each lot, except for those improvements for which a public authority of a utility company is responsible

16   TRASH. All trash and waste shall be kept in sanitary containers. Each lot owner is required to perform maintenance and upkeep of their lot. No trash, waste, brush, weeds or long grass is permitted. Seller is not liable for any unauthorized dumping of lawn clippings, dirt, brush or other materials deposited on lot or in drainage way after closing

17   FOUNDATION GRADE All grades must be m accordance with the approved drainage plan

18   PETS, LIVESTOCK AND POULTRY.  No animals may be kept or permitted upon the premises excepting animals which are bona fide pets traditional recognized in this geographic area and which are under complete control within the confine of the owner's lot at all times, or are on a leash. No animals, livestock, poultry, fowl, reptiles, or pigeons of any kind shall be raised, or bred, or kept on any lot with the exception of a dog or cat. which shall be limited in number to a total of two in any one household, or goldfish, a parakeet, or a hamster, provided that said pets are not kept, bred, or maintained for an> commercial purpose. However, nothing contained herein shall be construed to permit the keeping of any dog, cat, or other pet, which shall in any way constitute a nuisance

19   STORAGE  No unlicensed vehicles will be permitted on any lot unless stored within a garage No campers, recreational vehicles, boats, trailers, garden tractors, nor lawn maintenance equipment will be permitted to be stored on an> lot unless stored within a garage or shed

20   ACCESSORY BUILDING. Subject to the approval or the developer, an unattached building may be built, so long as it is no more than twenty four (24) feet wide at any point. No more than 1 unattached building may be constructed for each primary residence regardless of the number of lots the structures cover No unattached building may exceed 576 square feet. No unattached buildings may be constructed unless the design and placement are approved in writing by the developer. The building shall be constructed of 2X4 construction, or equal.  It must be covered with the same siding, roofing, soffit and fascia as used in the construction of the residence and must have the same roof pitch as the residence All accessory buildings must have a concrete floor. 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. When two (2) lots are purchased with the intent of building one home with the second lot being used for yard, the owner shall conform to the grading plan of the subdivision. The empty lot shall be graded as if residence had been constructed on it. In no case can the grade from the lot with the residence on it be projected over the empty lot creating a steep drop-off in grade at the property line of the adjoining lots owned by others

21    LOT ACCESS. During construction, no access to the building site shall be allowed over adjacent lots. If any damage is done to the adjacent lots, roads or ditches, the owner of the home under construction shall restore or pay the developer for the restoration of said property to its pre-damaged condition

22   During construction all equipment utilized for the construction shall be loaded and unloaded on the lot being purchased and owner of the lot agrees that in the event there is any debris left on the road caused by the construction it shall be the owners complete responsibility including any and all cost of clean up

23   FENCES 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 must not he beyond the front wall of the residence Said fence will be constructed of wood. stone, brick, rock, foliage or hedges not to exceed a maximum height of 6 feet is allowed as long as said fence does not restrict, limit, nor interfere with views Constructed side offence must face the lot owner of the fence and not the lot of the adjoining neighbor. No metal yard fences are allowed with the exception of tennis court. No fence shall be erected on the easement areas, but is otherwise permissible, subject to the inspection of the plan and written approval of the developer

24   SWIMMING POOLS. Above ground pools are NOT allowed

25   DIVISION OF LOTS. No lots shall be re-subdivided to create a larger number or
lots and not more than one residence shall be erected nor constructed upon an\
lot

26   HOME CONSTRUCTION COMPLETION – OCCUPANCY: 3 years of purchase from developer

27   TERMS.  The covenants and restrictions herein contained, shall be in effect until June 1. 2023. after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument terminating or reducing the term shall be executed and recorded in accordance with the requirements and procedures set forth in the following paragraph

28   LOT OWNER'S RESPONSIBILITY Lot owners shall, at their sole 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. It all or any portion of a residencies damaged or destroyed by fire, or other casualty, then the owner shall, with all due diligence promptly rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty

29   UTILITIES. Each property owner's electric, natural gas and telephone service lines shall be underground throughout the length of service from WE energies point of delivery to the customers building. Cost of hook-up to respective utility, and maintenance thereof shall be borne by the lot owner upon whose lot the service line is located. Appropriate easements are hereby dedicated and reserved to each lot owner, together with the right of ingress and aggress over abutting lots or properties to install, operate or maintain service lines to WE energies termination points. Easements are as recorded on plat 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 in the grade or 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 an\ easement

30   PRE-CONSTRUCT1ON. Before the construction or placement of any structure or dwelling on any of the Lot (s) is begun, the owner of such Lot must first obtain written approval of the floor plans and extension elevations of the proposed home and the proposed placement of the home on the lot from the developer The developer shall act on a request for approval of plans for construction or erection of any building or dwelling within 30 days upon receipt of written request of the same, which such request shall include (1) blueprints of proposed structure showing all exterior elevations and interior floor plan. (2) plat map of proposed structure location. (3) drainage plan. (4) color scheme, and (5) exterior siding materials In the event the developer, or its designated representative, fails 10 approve or disapprove within 30 days after plans and specifications have been submitted, approval will not be required and the Covenants contained in this writing shall be deemed to have been fully complied with The developer shall have approval authority as to quality, color scheme, harmony of external design with existing structures, and as to location with respect to topography, finished grade elevation and existing structures The developer shall have the right to refuse to approve any plans and specifications which are not acceptable in its opinion, for aesthetic or other reasons, and in passing upon them, it shall have the right to take into consideration the suitability of the proposed building and of the materials of which it is to be built to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure so planned on the outlook from adjacent or neighboring property

AMENDMENT. The Developer shall have the right to remove, modify, annul, waive, change and / or amend, at any time and in any manner by a written declaration setting forth such amendment as long as the Developer owns any lot or parcel of the Subdivision

ENFORCEMENT. The Developer and   or the Owners benefited by this Declaration may enforce these conditions, covenants and restrictions using an\ 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 attorney’s fees and court costs) incurred in successfully enforcing these conditions, covenants and restrictions

SEVERABILITY. Invalidation of any one of these covenants or restrictions, by judgment or court order, shall in no way affect any of the other provisions which shall remain in full force and effect