RESTRICTIONS & COVENANTS 1st Addition to Western Acres
Town of Freedom - Outagamie County, Wisconsin

WHEREAS, the Owners contemplate the sale and transfer of various parcels and lots in the following described real estate situated in Outagamie County, Wisconsin, to wit: 1st Addition to Western Acres - Town of Freedom, Outagamie County, Wisconsin

AND WHEREAS, such Owners believe it is 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 land owners thereof and their heirs, personal representatives, successors and assigns.

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

1. PURPOSE. The purposes of these restrictions is to ensure the use of the property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, and to maintain the desired tone of the community, and thereby to ensure to each site owner the full benefit and enjoyment of his/hers home, with no greater restrictions on the free and undisturbed use of the site than necessary to ensure the same advantages to the other site owners.

2. LAND USE & BUILDINGS. All lots will be used for single-family dwellings only. No building shall be created, altered, placed or permitted to remain on any single-family lot other than one single-family dwelling not to exceed 2 1/2 -stories in height and a private attached garage for not more than four cars. All homes must have a roof with a minimum of 6/12 pitch. All exposed concrete on porches must have brick or stone faced veneer face, unless a written variance provided by the Developer. Landscaping must be completed within 1-yr. of construction of the home. Permanent lawns must be established with grades in conformance with the approved drainage plan within 1 -year after initial occupancy of the home. All homes must have an attached garage.

3. MINIMUM FLOOR AREA & DESIGN. The square footage of the main structure, exclusive of open porches, breezeways and garage shall not be less than the following, with plan approval of the above named Developer.

a. 1-STORY: Not less than 1,500 square feet
b. 2-STORY: Not less than 2,000 square feet
c. 1 1/2 STORY: Not less than 1,600 square feet

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

5. SIGNS. No signs of any kind shall be displayed to the public view on any lot, except: 1) One professional sign of not more than 8 square feet; 2) One sign of not more than 5 square feet advertising the property for sale; 3) One sign of not more than 10 square feet used by a builder to advertise the property during the construction and sales period.

6. BUILDING SET-BACKS. All building set-backs must be in conformance with all approving and objection agencies (government agencies, such as Outagamie County, Town of Freedom, etc.).

7. BASEMENT & GARAGE CONCRETE. All homes shall have concrete basement walls and all garages must also have at least 4-foot concrete foundation walls. No wood foundations except where walk-out basements are exposed to the back of the home.

8. COMPLETION. All homes and attached garages must be completed before home is occupied, except for the interior of the lower level of the split-levels and ranches.

9. USED BUILDINGS. No used buildings shall be moved onto any lot.

10. HEIGHT. No dwelling shall exceed 2 1/2 stories in height above the finished grade.

11. TEMPORARY STRUCTURE. No structure of temporary nature, trailer, tent, shack, bam, or similar structure shall be permitted on any lot either temporary or permanently. No structure other than a fully completed residence shall be occupied.

12. STORM SEWER DRAINAGE AND STORM WATER DETENTION EASEMENTS.
The easements, as shown on the final plat of the first Addition of Western Acres, have been graded in accordance with the approved drainage plan and shall not be regarded for any reason without the prior written consent of the Town Board of the Town of Freedom. These areas shall be for the exclusive use of the lot owner and can be used as an open area for any and all activities. No building or structures of any kind can be erected on these easements. The storm water inlets or catch basins shall be kept clear of paper, leaves, etc. by the lot owners adjacent to each storm water inlet so that in the event of a storm, the inlets will allow the storm water to enter. It shall be the responsibility of the owners of all lots in 1st Addition of Western Acres, to clean, maintain and or repair the storm sewers, storm drainage easements and storm water detention areas which are outside of the street rights-of-way and within the boundaries of the lots. In the event these storm drainage systems require cleaning, maintenance and or repair, and this work is not taken care of by the owners of the lots, the Town of Freedom shall have the right to enter onto the property, and perform the required cleaning, maintenance and or repair.

The Town shall repair the Lawn areas to the condition equal to that which existed prior to their entering onto the property and have the right to assess all lot owners in the 1st Addition to Western Acres an equal share of the cost for said cleaning, maintenance and or repair.

13. EASEMENTS. Easements for the installation and maintenance of utilities and drainage facilities are reserved within the dedicated roadway, drainage-ways and areas shown on the recorded plat.

14. TRASH. All trash and waste shall be kept in sanitary containers. Each property owner is responsible for the maintenance and upkeep of their lot. No trash, waste, brush, weeds, or long grass is permitted.

15. GRADES. All grades shall be in compliance with the approved drainage plan.

16. PETS, LIVESTOCK, & POULTRY. No animals, livestock, poultry, fowl, reptiles, or pigeons shall be raised, bred or kept on any lot with the exception of a dog or a cat, which shall be limited to a total of two per household. Inside kept animals, such as goldfish, parakeet or hamster, are acceptable provided they are not kept, bred, or maintained for any 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. All pets shall be kept inside the principle dwelling when not being supervised by their rightful owners. No outdoor kennels shall be allowed on any lot.

17. DIVISIONS OF LOTS. No lots shall be re-subdivided to create a larger number of lots without approval of all governing agencies and the aforementioned Developer.

18. EXCESS MATERIAL. No excess material shall be removed from the subdivision and must be dumped where Developer requests.

19. FENCING & SWIMMING POOLS. Professional installed fences, not more than 4-feet in height and designed not to restrict view, are allowed. Professionally installed swimming pools are also allowed, provided the swimming pool is located behind the main swelling and does not impair the attractiveness of the property.

20. HOME EXTERIORS. No bright blue, yellow or neon colors are allowed, soft shades of these colors are allowed, with the approval of the Subdivider.

21. TERMS. The Covenants and Restrictions herein contained shall be in effect until January 1, 2025, after which time they shall be automatically extended for successive periods of 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.

22. AMENDMENT. These covenants shall run with the land and all future conveyances of any lot of the subdivision shall be subject to the conditions, covenants, obligations and restrictions set forth herein. Acceptance of a deed by a purchaser is considered an agreement to observe and abide by such covenants, conditions and restrictions for the protection of the owners of the subdivision.

There covenants and restrictions may be removed, modified, annulled, waived, changed and/or amended at any time or in any manner by a written declaration setting forth such amendment.

a. By the Developer, as long as the Developer owns any lot for sale in the subdivision.
b. By the owners of at least 75% of the lots after the Developer have sold all lots in the subdivision.

This written declaration shall be recorded in the office of the Register of Deeds for Outagamie County, Wisconsin.

23. ENFORCEMENT. Enforcement of these covenants and restrictions shall be by proceedings a law or in equity against any person or persons violating or attempting to violate any covenants or restriction, either to restrain or to recover damages from a violation including attorney fees.

24. 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 that shall remain in full force and effect.

25. ACCESSORY BUILDINGS. One accessory building of not more than 300 square feet is allowed, providing that its color matches the lot's principle residence, as well as its design. Any variance must be in writing and all must be approved by the Developer.

26. OTHER. All campers, recreational vehicles, boats, trailers and garden tractors shall be stored inside. No bus, large truck or semi-tractor and/or trailer shall be parked anywhere within the exterior boundaries of the Subdivision. Campers and recreational vehicles parking will be allowed for up to 48-hours to allow time for cleaning or packing.

27. CONSTRUCTION APPROVAL. No construction or excavation and no buildings shall be erected, placed on any lot, or altered in any fashion until the undersigned developer have received and approved in writing a complete set of final construction plans and specifications including a site plan showing the proposed location, grade, and elevation of the structure on the site and such additional detail as may be requested by the undersigned developer. The undersigned owners reserve the right to approve or reject the plans and specifications of any construction. This restriction shall remain in effect while the undersigned or any of them retain an interest hi any of the lots described in this document. This restriction shall only apply to the initial construction of a residence or detached building on such lot and shall not apply to any subsequent improvements, which may be made to the initial residence.