Lots & Land Store - Whispering Groves Covenants

Declaration of Conditions. Covenants, and Restrictions for Whispering Groves

This declaration is made the 12th of August, 2004, by The Land Group, Inc., a Wisconsin corporation ("Developer"},

Whereas, the Developer is the owner of the property identified on the Subdivision Plat attached as Exhibit "A" {"Subdivision") and the Developer desires to file for record and subject each Subdivision lot to the following conditions, covenants, and restrictions for the benefit of the Subdivision as a whole and for the benefit of each owner of a Subdivision lot,

Now, therefore, the Developer declares that the following conditions, covenants, and restrictions are intended to run with, burden, and benefit the Subdivision lots and all Subdivision lot owners, their successors and assigns.

PURPOSE. The purpose of these covenants is to ensure the use of the Subdivision property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the Subdivision, to regulate the use and appearance of the Subdivision, and to secure for each Subdivision lot owner the full benefit and enjoyment of the owner's home, with no greater restriction on the free and undisturbed use thereof than is necessary to ensure the same advantages to all other Subdivision lot owners.
LAND USE AND BUILDING TYPE. A Subdivision lot, whether alone or in combination with one or more other lots in the Subdivision, shall be used only for single family residential purposes and shall be restricted as follows: a. No split or bi-level dwellings shall be constructed, b. No dwelling shall exceed two (2) stories at the front elevation. c. All dwellings, except with prior written approval of the Developer, shall have either a three (3)-car attached garage or a four (4)-car attached garage. d. All dwellings shall have a roof pitch of not less than 6/12 on the main roofline and shall be constructed of shake-like or tile-like shingles or better quality. The Developer has ability to make deviations. . f. All dwellings, except with prior written approval of Developer, must have 25% masonry fronts.
ARCHITECTURAL CONTROL. As long as Developer owns any lot in the Subdivision, no dwelling, house, structure, swimming pool, fence, or any additions thereto which were previously approved, may be erected on any lot in this Subdivision until the plans and specifications have been submitted to and approved in writing by Developer, For purposes of these covenants, a structure shall be defined as any item for which a building permit is required from the Town of Grand Chute prior to construction or installation. Any subsequent remodeling or renovation shall comply with the design standards set forth herein. There shall be no above ground swimming pools.
PLANS AND SPECIFICATIONS, The Developer shall be given a complete set of plans of ail residences to be permanently filed and approved prior to closing on the sale of a lot. The plans are to show four (4) elevations and exterior color scheme, such that the Developer can approve the exterior design and location. The design shall be harmonious with other residences within the Subdivision and shall conform to setback lines. Variations will be approved only where, at the discretion of the Developer, it is deemed to be pleasing to the effect of the entire neighborhood or where variations are required by the topography of the land. Refusal or approval of plans and specifications by the Developer may be based on any grounds, including purely aesthetic grounds, which, in the sole and uncontrolled discretion of the Developer, shall seem sufficient. If the Developer does not approve or disapprove such plans and/or specifications within thirty (30) days after receipt of the plans, the plans and specifications shall be deemed to have been approved.
SETBACK LINES. Setback lines shall conform to local zoning regulations, except that Developer may, in promoting overall harmony, establish other requirements in addition to such regulations.
MINIMUM FLOOR AREA AND DESIGN. All structures to be erected in the Subdivision shall have a pleasing and harmonious external design. Any dwelling which fails to conform to the following specified minimum areas shall not be permitted on any lot, except with prior written approval of the Developer. The square footage of the main structure, exclusive of open porches, breezeways, and garages shall be not less than:

Large Lots:
Dwelling Type                                   Minimum Size
One story above grade                      1,600 square feet
Story and a half above grade             1,800 square feet
Two story above grade                    2,100 square feet
BASEMENT. All homes shall have either basements or standard four (4)- foot footing walls,
GRADE. No structure, lawn, or culvert shall be constructed or installed until proper grades for each have been set in accordance with the approved drainage plan for Whispering Groves Subdivision by a licensed land surveying firm in the State of Wisconsin, the cost of which shall be home by the lot owner.
DRAINAGE. No lot owner shall block, dam, or otherwise obstruct the flow of surface water drainage so as to cause such water to back-up onto the lot of another property owner or so as to restrict the use or enjoyment of any other lot by any other lot owner. Each lot owner, as a part of the post-home construction finish grading/landscaping, is responsible for bringing the lot into specific compliance with the approved Subdivision drainage plan.
PRE-CONSTRUCTION MAINTENANCE. No building material shall be placed on any lot more than thirty (30) days prior to the time that construction is to begin. At ail times during construction, the site shall be maintained in a neat and orderly manner, to the satisfaction of the Developer. Alf trash and waste shall be kept in sanitary containers and out of the public eye. The owner of any lot is required to perform all necessary maintenance and upkeep of the lot. No trash, waste, brush, weeds, or long grass shall be permitted.
CONSTRUCTION SITE MAINTENANCE. At all times during construction, the site shall be maintained to Developer's reasonable satisfaction in a neat and orderly manner. Construction debris shall be contained at all times in a manner as will prevent such material from blowing onto neighboring properties and/or streets.
FILL. Developer reserves the right to direct the disposition of any fill, including excess excavation material which is to be removed from any lot, at the lot owner's expense. However, such disposition, if directed by Developer, shall be within a one (1 )-mile radius of the lot from which it is being removed. If Developer does not require specific disposition of any excess fill, the lot owner shall be responsible to locate a site for such disposition and pay all costs associated therewith. 13. COMPLETET1ON OF HOME. Construction of a home must start within eighteen (18) months of the purchase of a lot from Developer, or within eighteen (18) months from the date the lot is benefited by sewer and water service, whichever is later. DEVELOPER RESERVES AN OPTION TO REPURCHASE THE LOT(S) AT THE PRICE WHICH DEVELOPER SOLD THE LOT(S) IF THE OWNER WISHES TO SELL THE LOT(S) WITHOUT HAVING COMMENCED CONSTRUCTION. AU homes shall be completed twelve (12) months after commencement of building and shall not be occupied prior to being completed. All landscaping must be completed within twelve (12) months after occupancy, except that a variance may be approved by Developer. DEVELOPER RESERVES THE RIGHT TO COMPLETE CONSTRUCTION, LANDSCAPING, OR ANY DRIVEWAY WHICH HAS BEEN COMMENCED BUT HAS NOT BEEN COMPLETED WITHIN THE ABOVE TIME FRAME IF OWNER IS NOT PROCEEDING WITH DUE DILIGENCE TO COMPLETE CONSTRUCTION OR LANDSCAPING. ANY COSTS SO INCURRED BY DEVELOPER (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) SHALL BE PAYABLE BY OWNER AND A LIEN WILL BE PLACED ON THE LOT.
DRIVEWAYS. All owners of dwellings shall, within one (1) year of completion, install a paved driveway of stable and permanent construction extending from the garage to the lot line. Until such time that the street is permanently paved, the owner will be required to maintain a temporary asphalt apron.
USED BUILDING. No used buildings shall be moved onto any lot.
ACCESSORY STRUCTURES. No exterior accessory structure, including but not limited to swing sets, hot tubs, kennels, and similar structures, except basketball hoops and poles, shall be permitted forward of the rear line of the residence. All accessory structures must have prior approval of the Developer.
TEMPORARY STRUCTURES, OUTBUILDING OR TRAILERS. Except as may be authorized by Developer, no structures of a temporary nature, nor trailers, tents, shacks, basements, garages, barns, or other outbuildings shall be permitted on any lot either temporarily or permanently. No structure other than a completed residence shall be occupied. Recreational vehicles, snowmobiles, boats, trailers, mini-bikes, fishing shanties, and the like must be stored inside garages. No outside clotheslines are allowed. 18. UNATTACHED BUILDINGS. 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. Any such building must comply with all setback lines, easements, and restrictions. No more than one (1) unattached building may be constructed for each primary residence, regardless of the number of lots the structures cover. No unattached building may exceed 150 square feet. No unattached buildings may be constructed unless the design and placement are approved in writing by the Developer. 19. FENCES. No fence shall be erected on a Subdivision lot without the prior approval of the Developer, invisible pet fences are permitted
SIGNS. No sign of any kind shall be displayed any lot except an address sign of not more than one (1) square foot and one (1) sign of not more than six (6) square feet advertising the property during the construction and sales period, except that Developer, may utilize signs of any size and quantity for advertising properties for sale in the Subdivision. Subdivision lot owners are allowed to erect a sign for the resale of their property.
ANTENNAS. Satellite dishes less than 20" in diameter, mounted on the principal residence structure and not visible from the street shall be permitted on each lot in the Subdivision. All other TV antennas must be contained within the home and not mounted on the roof.
DIVISION OF LOTS. No one (1} lot shall be re-subdivided and not more than one (1) residence shall be placed, erected, or constructed upon any lot. Exceptions to resubdividing, subject to discretion of the Developer, will be permitted in such instances where three (3) lots are being combined to create two (2) lots that are each larger than any of the original three (3) lots.
UNLICENSED VEHICLES AND SALVAGE MATERIALS. No unlicensed vehicles, junk yards, or storage areas for cars or other salvage materials of any nature shall be permitted on any lot or combination of lots within the Subdivision.
COMMERCIAL BUSINESSES. Except as may be permitted by local zoning regulations and as authorized by Developer, no commercial business shall be allowed or conducted at any time from any lot or combination of lots within the Subdivision.
TRASH. All trash and waste shall be kept in sanitary containers. No sanitary container is to be put outside of any dwelling sooner than the day before regularly scheduled pick-up.
NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to other lot owners or occupants of dwellings in the Subdivision.
MAINTENANCE AND UPKEEP. 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. 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, promptly rebuild, repair, or reconstruct the residence in a manner which will substantially restore it to its apparent condition immediately prior to the casualty.
UTILITIES AND EASEMENTS. Each property owner's electric, natural gas, and telephone service lines shall be underground throughout the length of service from the providers point of delivery to the owner's building. The cost of hookup to respective utilities, 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 egress over abutting lots or properties to install, operate, or maintain service lines to the providers' termination points. Easements are as recorded on the plat map for the Subdivision. All easements shown on the plat will be maintained and preserved in their present condition and no encroachment thereon and no change in the grade or elevation thereof will be made by any person or lot owner without the express written consent of the respective utility providers and the Developer. Aboveground transformers and pedestals may be installed at appropriate points in any easement.
ZONING, HEALTH, AND OTHER LAWS AND REGULATIONS. All zoning, health and other Jaws, ordinances, and regulations promulgated by governmental agencies having jurisdiction over the Subdivision shall be strictly observed and complied with.
BERM/FENCE/SIGNAGE. In the event Developer constructs a berm, fence, and/or Subdivision identification signage along/upon selected lots in the Subdivision, neither current nor subsequent owners of these lots shall alter such berm, the plantings on it, or any fence or signage that may be erected upon it, or elsewhere in the Subdivision. All owners of these lots shall maintain the portion of the fence and/or signage on their lot to the reasonable satisfaction of Developer, so long as Developer shall own any lot in the Subdivision.
ANIMALS. No animals, except customary household pets, shall be kept, bred, or raised on any lot in this Subdivision. Pets shall not be allowed to roam either freely or on a leash upon other owners' properties. Pet noises shall be curtailed to avoid unreasonable annoyance to neighboring property owners.
VARIATION. Variations in any of these covenants may be permitted by Developer where it is reasonably satisfied that such variations will be pleasing and generally in keeping with adjacent properties and not be a detriment to the Subdivision as a whole.
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, but not limited to, 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 owner for ail out- of-pocket expenses (including actual attorneys' fees and court costs) incurred in successfully enforcing these conditions, covenants, and restrictions.
TERM. Except as provided in Paragraph 35 below, the conditions, covenants, and restrictions herein contained shall be in effect for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years, unless an instrument executed by the Developer terminating or reducing this term shall be executed and recorded in the office of the Register of Deeds for Outagamie County.
AMENDMENT. These covenants may be amended, waived, or removed by the execution and recordation in the office of the Register of Deeds of Outagamie County, Wisconsin, of any instrument executed by not less than two-thirds (2/3) of the lot owners, provided that so long as the Developer is the owner of any lot or property affected by these covenants, or amendment thereto, no such amendment, waiver, or removal shall be effective without Developer's prior written consent, in recordable form.
COVENANTS TO RUN WITH THE LAND. AH future transfers of any Subdivision lots shall be made subject to the conditions, covenants, obligations, and restrictions set forth herein. It is understood that the acceptance of a deed by any purchaser is to be considered an agreement to observe and abide by these covenants, conditions, and restrictions for the protection of all lot owners.
INVALIDITY OF ANY COVENANTS. Should any one of these conditions, covenants, and restrictions for any reason be declared invalid, such declaration shall not affect the validity of the remaining covenants, which remaining covenants shall remain in full force and effect as if the invalid covenant had not been a part of tills document. IN WITNESS WHEREOF, the Developer has signed and sealed this instrument 12th day of August, 2004.

Patrick J. Hietpas Resident