DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BIG BAY
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made on the date hereinafter set forth by the McKeough Land Company, Inc., an Illinois corporation, hereinafter referred to as the "Developer."
WITNESSETH
WHEREAS, the Developer, being the owner of all real property described on the attached Exhibit A, which property is locatcd in Sections 9 and 10, Town of Annenia, Juneau County, Wisconsin (subject to and together with any and all appurtenances and easements, licenses, restrictions and conditions of record), as recorded in the Office of Registry of Deeds of Juneau County Wisconsin (the "Development"), hereby makes the following Declaration as to covenants, conditions and restrictions to which all of the Lots and Outlots in the Development may be put;
WHEREAS, the Developer has divided the Development into Lots identified by the numbers
"1 - 92", each of which is individually referred to as a "Lot" and which are collectively referred
to herein as the "Lots";
WHEREAS, the Developer has plans to include Outlots as part of the Development) depicted as "Outlots 1-5" on the following Certified Survey Map(s) ("CSM(s)"): Outlot 1 of CSM 3095; Outlot 2 of CSM 3048; Outlot 3 of CSM 3056; Outlot 4 of CSM 3059; and Outlot 5 of CSM 3074;
WHEREAS, the Developer wishes to permit the development of the Development into a community suitable for family and recreational living and, at the same time, wishes to maintain insofar as possible, the natural character of this beautiful property;
WHEREAS, it is essential to the value of the Lots that the Development be perpetualty maintained in a manner consistent with high environmental, aesthetic and residential standards;
WHEREAS, to accomplish the foregoing, the Developer desires to impose certain building and use restrictions, covenants and conditions, as herein contained, upon and for the benefit of said Lots and the Development as a whole; and
WHEREAS, the Developer is willing to sell the Lots, but all buyers and subsequent owners hereby accept such Lots subject to the declarations, covenants, conditions and restrictions set forth herein;
NOW, THEREFORE, the Developer hereby declares and provides that the Development is hereby subject to the following covenants, conditions and restrictions:
ARTICLE 1
DEFINITIONS
1.1 "Association" shall mean the Big Bay Association, Inc., a Wisconsin non stock corporation.
1.2 "Developer" shall mean the McKeough Land Company, Inc., the current
owner of the land within the Development, or its successors or any person or entity to whom or to which it may, in a document recorded with the office of Register of Deeds of Juneau County, Wisconsin, expressly assign one or more of its rights hereunder or delegate its authority hereunder.
1.3 "Development" shall mean the property known as Big Bay, as described on Exhibit A (attached hereto), subject to and together with any and all appurtenances and easements, licenses, restrictions and conditions of record.
1.4 "Lot" shall mean anyone of the numbered Lots within the Development, exclusive of the Outlots. "Lots" shall mean all such Lots.
1.5 "Lot Owner" shall mean any person or other entity owning or purchasing a Lot and any person having the right of occupancy of the dwelling constructed on such Lot.
1.6 "Mobile Home" shall mean any dwelling, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
1.7 "Outlot" shall mean anyone of the Outlots as depicted and dedicated on CSMs referenced in Exhibit A (attached hereto).
ARTICLE 2
SUBDIVISION
No Lot may be further subdivided unless all the resultant parcels created by the subdivision are deeded to an adjacent Lot Owner(s) to increase the size of another Lot. No Outlot may be further subdivided.
ARTICLE 3
CARE AND APPEARANCE OF PREMISES
Lot Owners shall maintain the exterior of all improvements on any Lot and the Lot itself in a neat and attractive manner and in good condition and repair.
ARTICLE 4
PERMITTED AND PROHIBITED USES
4.1 No Lot or Outlot shall be used, nor shall any structure be erected thereon or moved thereupon, unless the use thereof and location thereon satisfies the requirements of applicable zoning ordinances which are in effect at the time of the contemplated use or the construction of any structure, or unless approval thereof is obtained from the appropriate zoning authority.
4.2 Except as otherwise specifically provided herein, Lots shall be used for the construction of one single-family residence and structures and outbuildings incidental to the use thereof (including, without limitation, barns, stables and garages for private. and not public or commercial use) and shall be limited in use to single-family residential use and personal recreational uses incidental thereto. Home businesses are permitted if operated entirely within the dwelling and excessive traffic and parking requirements are not generated. No exterior signage relating to home businesses shall be permitted. However, these restrictions on use shall not be construed to prohibit a Lot Owner or occupant from (a) maintaining a personal professional library, (b) keeping personal business or professional records or accounts, Or (c) handling personal business or professional telephone calls or correspondence.
4.3 Mobile Homes are not permitted.
4.4 No unregistered vehicle (unless garaged), trash, refuse pile or unsightly or objectionable object or materials shall be allowed or maintained upon the Development. Not more than one (1) recreational vehicle, including, but not limited to boats, trailers, campers, ATV's s, jet skis and snowmobiles, shall be stored on any Lot (unless garaged), and furthermore, no such aforementioned vehicles may be stored upon a Lot prior to the completion of the construction of the dwelling on the Lot. As to snowmobiles and A TVs, a trailer fabricated to accommodate up to four (4) such recreational vehicles is herein to be construed as one (1) such vehicle.
4.5 No noxious or offensive trade or activity and no activity which is in violation of any law, ordinance, statute, or governmental regulation shall be conducted in the Development, nor shall anything be done which may be or become an annoyance or nuisance to the other Lot owners in the Development.
4.6 The exterior of any structure or improvement being constructed upon a Lot shall not remain incomplete for a period of longer than nine (9) months from the date upon which construction of the improvement was commenced. All construction shall be diligently pursued to completion and such completion shall occur prior to Occupancy.
4.7 Not more than 50% of trees which are 12 inches or more in diameter, measured at a height of 4 feet, shall be removed from any Lot, except for dead, hazardous and diseased trees.
4.8 Unless otherwise restricted by applicable zoning laws and regulations, camping, including the use of recreational camping vehicles, is permitted on a Lot (specifically not to include the Outlots) for not more than 14 consecutive days nor more than 50 days in any calendar year. All camping vehicles, tents, rubbish and debris associated with camping activities shall be removed from the premises upon departure.
4.9 All garbage and refuse shall be promptly disposed of so that it will not be objectionable to neighboring Lot Owners. No outside storage for refuse or garbage shall be maintained or used unless the same shall be properly concealed with vegetative screening.
4.10 Propane gas tanks shall be located in such areas so as to be as inconspicuous as possible and screened from direct view with shrubbery or other vegetative materials.
4.11 Except as otherwise provided herein or in any duly adopted roles and regulations of the Association, the Outlots shall not be used for storage of supplies, materials, personal property, Association property or trash or refuse of any kind. Only the east two hundred (200) feet of the main body of, and not the trail portions of, Outlot 5 shall be used for the storage of common property of the Association, including, but not limited to, pier sections and boat slips, and personal property limited to boat lifts. No storage of the aforementioned items is permitted elsewhere on the Development. No storage of boats or other watercraft is permitted on any Outlot.
4.12 No Lot Owner shall use or permit the use by occupant, agent, employee, invitee, guest or member of his/her family of any firearms anywhere within the Development. Hunting of any kind is prohibited on the Development.
4.13 For a period of three (3) years from the date this Declaration is recorded, no signs or other advertising devices shall be disp1ayed which are visible from the exterior of a Lot, including "For Sale" signs, except those signs placed by the Developer for so long as the Developer owns any Lot(s). Garage and yard sale signs, on the actual days of any such sale, are permitted. All such sales must not be conducted for more than three (3) consecutive days, a maximum of three (3) times per year.
4.14 The Developer has reserved all minerals in the Development and, except as otherwise provided herein, mineral exploration of any kind is expressly prohibited upon the surface of the Development. Exploration and removal of minerals is permitted by the Developer or its assigns or successors in title, if no surface activity or reduction of vertical support of the surface will occur.
4.15 There will be four (4) main boat piers, which will be constructed by the Developer on Wisconsin River Power Company (WRPCo) lands located in the immediate vicinity of Out1ots One (1), Two (2), Three (3) and Four (4), which will be for the exclusive use of and will be the common property of all Lot Owners. These main boat piers are not designed for docking of watercraft for extended periods of time, such as overnight dockage, since wind and/or water forces in conjunction with the inertia of docked watercraft could pose a risk to the stability of the main boat piers. Hence, Lot Owners are permitted to use the designated area of the main boat piers for the temporary docking of their watercraft for only the convenience of brief periods of docking. The Developer has applied for a permit for the Lot Owners of Lots 1 thrn 45 and 19 other Lots, for the right to attach one boat slip (and place one boat lift in conjunction therewith) per Lot to the main boat piers. The Developer will also construct the boat slips. Said slips will be real property appurtenant to particular Lots. Boat lifts are personal property and the cost of which shall be the responsibility of the particular Lot Owner. Initially, the rights for the above mentioned other 19 s1ips will be available for purchase, from the Developer, by the owners of Lots 46-92. The length of any such slip shall not be unreasonably larger than is necessary to accommodate the Lot Owner's boat and to allow for safe navigation.
4.16 The right to attach a personal boat slip to one of the four main boat piers may be leased or sold to another Lot Owner. Leasing or selling of said boat slip rights to other than a Lot Owner is prohibited.
4.17 No animal shall be kept except common indoor household pets. Such pets may not be kept nor bred for any commercial purpose and shall have such care and restraint so as not to be obnoxious or offensive on account of noise, odor or unsanitary conditions- No savage or dangerous animal shall be kept. No pets may be permitted to run unsupervised upon the Outlots or upon another Lot.
4.18 Decorative, split-rail fencing of the standard two-rail variety (or an equivalent type of fencing that by virtue of material, aesthetics, color, height and opacity provides the same natural appearance) shall be permitted. Metal and chain link fencing is specifically prohibited. Safety fencing surrounding in-ground swimming pools must be of wood, stone, wrought iron or other natural material construction, but in no case may such fence be taller than the minimum required by code. All other types offencing shall be prohibited anywhere on the Development other than "invisible" fencing for pet control.
ARTICLE 5
CHARACTER OF BUILDINGS AND CONSTRUCTION
5.1 The Developer recognizes that there can be an infinite number of concepts and ideas for the development of the Lots. The Developer wishes to encourage the formulation of new and/or innovative concepts and ideas. Nevertheless, for the protection of all Lot Owners, and for the preservation of the Developer's concept for the development of the Development, the Developer wishes to make certain that any development of a Lot will maintain the natural beauty of the Development and blend man-made Structures into the natural environment to the extent reasonably possible.
5.2 Each dwelling constructed on Lots 1 - 45 shall have a minimum of 1,200 square feet of finished living area on the first floor above grade, excluding any garage, basement and porch. Each dwelling constructed on Lots 46 - 92 shall have a minimum of 1,200 square feet of total living area above grade, excluding any garage and/or porch, of which 920 square feet shall be located on the first floor above grade.
5.3 All exteriors shall be composed of natural wood (e.g- redwood. cedar or logs), brick, stone and/or vinyl siding (with a natural wood appearance).. Lot Owners are encouraged to complete the exterior of any dwelling in natural. earth-tone hues with flat finishes. No aluminum siding will be allowed except for such uses as gutters, trim. soffits and fascia.
5.4 All garages and outbuildings, including any additional unattached garage, must be architecturally related to and must match the overall color scheme of the dwelling and must be constructed only of materials permitted for the construction of residences. Outbuildings and garages shall not be constructed or placed upon any Lot prior to six. months before commencement of the construction of the dwelling. No metal out buildings are permitted.
5.5 All dwellings, garages and accessory buildings on Lots 1-45 shall have gutters. Said gutters shall direct storm water runoff away from Petenwell Lake in such a manner to prevent direct discharge of said runoff into Petenwell Lake.
5.6 The principal roof components on all structures shall have a pitch of at least 7:12.
5.7 Earthberm, underground and dome homes are prohibited.
5.8 All utilities constructed within the Development shall be located underground.
ARTICLE 6
LANDSCAPING AND GRADE
6.1 Natural groundcover, wood chips or other natural plantings indigenous to wooded areas are encouraged.
6.2 Existing tress and natural cover (wildflowers, groundcover, shrubs, etc.) shall be preserved wherever possible and practical.
6.3 The grade of the respective Lots shall be maintained in harmony with the topography of the Development and with respect to adjoining Lots.
6-4 In the interest of preserving the existing condition of natural slopes, the Lot Owners shall maintain groundcover to prevent water and wind erosion on their Lot.
6.5 The location of all improvements shall be designed and located so as to be compatible with the natural surroundings and with the other Lots.
6.6 Silt fencing shall be installed in appropriate areas prior to site excavation, driveway construction, landscaping activity and where exposed soil may be subject to runoff and erosion. Said silt fences shall be maintained until the landscaping necessary to prevent erosion of soil is completed. These preventative soil erosion measures must be completed within six (6) months after the date of completion of the exterior of the dwelling or outbuilding.
6.7 Lot Owners owning Lots along the land owned by Wisconsin River Power Company ("WRPCo") and adjacent to Petenwell Lake shall not permit any runoff from their Lots to discharge directly onto WRPCo shoreline lands. All finish grading of the Lots shall as much as reasonably possible slope the grade away from Petenwell Lake.
ARTICLE 7
EASEMENTS
7.1 No Lot Owner shall be permitted to grant any right-of-way or easement across his Lot, except to another Lot Owner or to benefit a Lot governed hereby. Neither may a Lot Owner use all nor any portion of his Lot to establish a road access to property not included in the Development.
7.2 Any type of permanent construction or improvement within designated easement areas, other than those provided for herein (and including the construction of driveways and placement of mailboxes), is prohibited.
ARTICLE 8
BIG BAY ASSOCIATION. INC.
8.1 Lot Owners shall automatically by virtue thereof become a member of the Association. The Association is entitled to carry on such business as is authorized by its Articles of Incorporation and Bylaws.
8.2 As a member of the Association and in consideration of any license rights associated with WRPCo lands and the right to use the Outlots, each Lot Owner agrees for himself or herself, and his or her heirs, successors and assigns, to pay to the Association any dues, assessments for maintenance charges, costs or fines (collectively, the "Dues") as may from time to time be levied by the Association for maintenance, repairs, improvements, insurance, license fees or for any other lawful purpose. Any such Dues shall not apply to the Lots owned by the Developer. Dues may be assessed annually and from time to time to meet the needs and commitments of the Association. Lot Owners shall commence paying annual Dues beginning January 1, 2004.
8.3 Lot Owners shall pay to the Association, at the closing of their purchase of a Lot from the Developer, a working capital deposit. This contribution to the Association's account will be $75.00 for Front Lot Owners (and those Back lot Owners with boat slip rights) and $37.50 for Back Lot Owners without boat slip rights.
8.4 Notice of the amount of any Dues, other than those specified in Section 8.3 above as being due at closing, shall be given to the Lot Owner by first-class mail addressed to his or her last known address as it appears on the rolls of the Association.
8.5 Any Dues not paid on or before the due date established by the Association shall be considered as being in default and shall bear interest at the highest rate then permitted by law or such lesser rate as the Association may establish. Such interest and all costs incurred by the Association in connection with the collection of any such charge, including, without limitation, reasonable attorney fees, shall be collectible by the Association and shall constitute a continuing lien upon any Lot within the Development owned by the Lot Owner responsible therefor. The Association shall have the right to proceed at law or in equity to foreclose such lien. All such charges shall also be the personal obligation of the Lot Owner against whom they were assessed.
8.6 Lot Owners will have a 1/92nd undivided interest in OutJots 1-5.
ARTICLE 9
RULES AND REGULATIONS
The Association may promulgate rules and regulations specifically authorized hereunder and such other rules and regulations as may be reasonably necessary or helpful to achieve the quality of living in the Development desired by the Association. All Lot Owners and their guests and invitees shall abide by such roles and regulations, and the Association may establish and levy fines for any failure to comply with the same.
ARTICLE 10
ASSIGNMENT Of RlGHTS
Except as provided in Paragraph 4.16, all rights hereunder granted to Lot Owners shall not be further assignable except as an appurtenance to and in conjunction wifh the sale of their Lot
ARTICLE 11
VIOLATION OF PROVISIONS
11.1 In the event that any Lot Owner vio1ates the terms of this Declaration, the Developer, the Association, or any Lot Owner(s), not earlier than thirty (30) days after it has delivered written notice to a Lot Owner of a violation of one or more of the provisions hereof, may enter upon the violating Lot Owner's Lot and correct the violation and alter, repair or change any building, structure or thing which may be upon the Lot in violation thereof, so as to make such improvement or thing conform to such provisions.
11.2 The Developer, the Association or any Lot Owner(s) may charge the Lot Owner for the entire cost of the work done pursuant to the provisions of this Section, which shall become a lien against the Lot Owner's Lot.
ARTICLE 12
ENFORCEMENT
12.1 In addition to any rights set forth in Article 11 for a violation or breach of any of the provisions hereof, the Developer, the Association, any Lot Owner(s) or any municipal governing authority shall have the right to proceed at law or in equity to prevent the violation or breach of the provisions of this Declaration or to recover damages for such violation and to foreclose any lien granted hereunder.
12.2 In any action or suit to enforce the provisions hereof, the prevailing party shall be entitled to recover its reasonable attorney fees and other legal costs.
ARTICLE 13
DURATION AND EFFECT
The provisions hereof shall run with the Development and shall be binding upon all Lot Owners and all persons claiming under them for a period of forty (40) years from the date this Declaration is recorded, after which time said Declaration shall be automatically extended for successive periods often (10) years each, unless an instrument, signed by the requisite number of Lot Owners set forth in Article 14, has been recorded agreeing to cancel, amend or change, in whole or in part, this Declaration.
ARTICLE 14
AMENDMENT
14.1 The Developer hereby reserves the right to amend these covenants and restrictions without the consent of the Lot Owners for any purpose, if the amendment does not materially alter or change the rights of a Lot Owner.
14.2 These restrictions may be rescinded or amended, in whole or in part, by an appropriate recorded written instrument executed and acknowledged by not less than three-fourths (3/4) of the Lot Owners; provided, however, that any such rescission or amendment must be acknowledged by all of the Lot Owners if:
(a) it changes the single-family nature of the Development; or
(b) it expands the rights of a Lot Owner to subdivide a Lot Or to place more than one house on a Lot.
14.3 Any amendments shall become effective ten (10) days after a notice of adoption of the amendment, together with a copy of the recorded amendment, are mailed to all Lot Owners. Notwithstanding the foregoing provisions of this Section, certain rights reserved by the Developer herein shall not be terminated by any amendment without the consent of the Developer.
ARTICLE 15
SEVERABILITY
15.1 The invalidation of anyone or more of the reservations and restrictions provided herein, by judgment or court order, or the amendment of anyone or more of the restrictions as herein above provided, shall in no way affect any of the other provisions herein, which shall remain in full force and effect.
15.2 In the event that there exist now or in the future regulations, federal, state, local or otherwise, that are more restrictive than those contained herein, the more restrictive regulation shall apply.
15.3 In the event this Declaration conflicts with the terms of the Articles of Incorporation or Bylaws of the Association, the terms of this Declaration shall control.
IN WITNESS WHEREOF, the Developer has caused this instrument to be executed this 15th day of May, 2003.
This document was prepared by McKEOUGH LAND COMPANY, INC,and was provided to showcaseloghome.com for reference purposes only.
McKeough Land Company, Inc
N3280 Highway J
Poynette, WI 53955 (608) 635.9423
