DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, Thomas P. and Nancy J. Olson are the present owners of the real estate described in Exhibit “A”, attached hereto, and made a part hereof, by reference; and
WHEREAS, the property described in Exhibit “A" is being divided and developed by
Thomas P. and Nancy J. Olson, under the name “VIJOBI Hills”, and they have caused to be organized a non-profit corporation, pursuant to Chapter 181 of the Wisconsin Statutes, known as VIJOBI Hills HOMEOWNERS CORPORATION, and each owner of a parcel of the real estate described in Exhibit “A”, shall be entitled to membership in said corporation, as more fully set forth in the By-Laws of said corporation; and
WHEREAS, Thomas P. and Nancy J. Olson desire to establish and secure the enforcement of uniform, restrictive covenants upon the usage and development of the real estate described in Exhibit “A”;
NOW, THEREFORE, Thomas P. and Nancy J. Olson do hereby give notice to all future owners of real estate described in Exhibit “A” of the establishment of the following covenants and restrictions, and do hereby establish and declare the following covenants and restrictions on the use and enjoyment of the real estate described in Exhibit “A”.
PERMITTED AND PROHIBITED USES
1.The real property shall be used only for single-family residences. Each lot, as shown in the certified survey maps, shall be the building area, upon which such single-family residence may be constructed. No lot within the certified survey map shall be divided or re-divided.
2.Each single-family residence shall not be used, or occupied, by other than a single family and shall not be used for anything other than residential use.
3.The principal living area of the residence shall not be less than 1,200 square feet, for a one story dwelling, and not less than 1,600 square feet, for a two story dwelling, with the principal living area of the lower story being not less than 1,000 square feet. These minimum square footage requirements for the principal living area shall be exclusive of basements, garages, covered walks, decks and porches.
4.Each residence shall have no less than a 3-car garage, either attached or detached. Garages shall be for the use of the occupants of the dwelling to which they are appurtenant.
5.The exteriors of the residence, and garage, may be allowed to be constructed of material, other than logs, as approved by the members of the corporation.
6.The exterior of each residence and garage may be any color, as approved by the members of the corporation.
7.No owner of any part of the property will do, or permit to be done, any act upon his/her property, which may be, is, or may become a nuisance.
8.No animals, birds, or fowl shall be kept or maintained on any part of the property, except small pets, such as dogs cats and birds, which may be kept thereon, in reasonable numbers, as pets for the pleasure and use of the occupants, but not for any commercial use or purpose.
9.No trucks or commercial trailers of any description, or mobile homes, shall be kept on or stored on any part of the property, except within the enclosed garage. And, no trucks or commercial trailers shall be parked overnight on any street.
10.No sign of any character shall be displayed or placed upon any part of the property, except temporary “For Rent”, “For Sale” or “Garage Sale” signs, referring only to the premises upon which displayed, and not to exceed six square feet in size, exclusive of any sign post, and only one sign to a property.
11.Clotheslines shall be allowed.
12.Property owners shall not cut or disturb trees, other than what is necessary for the construction of residences, garages, walkways, roadways, patios, lawns, private noncommercial gardens and for safety purposes, unless such trees are dead or dying, whereupon, they may be a hazard to the property or occupants.
SETBACKS AND BUILDING LINES
1. No building shall be erected nearer than 60 feet to the centerline of a street, or 100 feet to the high water mark of the pond, or 15 feet to the lot side line or rear line, when said rear line does not abut the pond.
2. Swimming pools shall not be nearer than 15 feet to any lot line and shall not project, with their coping, more than two feet above the established grade.
3. Walls and fences may be erected, and hedges grown.
COVENANTS AND RESTRICITONS TO RUN WITH THE LAND
All of the covenants and restrictions set forth, herein, shall run with the land and grantees, by accepting the deed to such premises, accepts the same, subject to such covenants and restrictions and agrees for him/herself, his/her heirs, personal representative and assigns to be bound by each of such covenants and restrictions, separately, jointly and severally.
COVENANTS AND RESTRICTIONS ENFORCEABLE JOINTLY AND SEVERALLY
Each and every of the covenants and restrictions contained herein, shall be considered to an independent and separate covenant and agreement, and in the event any one or more of such covenants and restrictions shall for any reason be held to be invalid, or unenforceable, all remaining covenants and restrictions shall, nonetheless, remain in full force and effect.
WHO SHALL ENFORCE THE COVENANTS AND RESTRICTIONS
If the owners of any lots in the VIJOBI Hills subdivision, or any of them, or their heirs or assigns, shall violate any of the covenants or restrictions, herein, it shall be lawful for any other person owning real property, situated in said subdivision, or the VIJOBI Hills HOMEOWNERS CORPORATION, to prosecute and proceedings at law, or in equity, against the person or persons violating any of such covenants and either to prevent him/her from doing so, or to recover damages for violation, or both.
The covenants and restriction contained, herein, shall continue in force and effect until January 1, 2025.
These covenants and restrictions, may from time to time, be amended by a 75% majority vote of the members of the VIJOBI Hills HOMEOWNERS CORPORATION, eligible to so vote, in accordance with the By-laws of said corporation.