Preamble

 

(001) Rock River Leisure Estates Property Owners Association Inc, the owner of the real property described in Section 1 of Article II of this Declaration.

 

(002) Developers desire to create on said real property and on such additions as may hereafter be made thereto (as provided in Section 2 of Article II) a development known as Wisconsin's Rock River Leisure Estates, in accordance with a general plan or scheme, clusters of lots for vacation cottage sites and recreational vehicle sites, and for recreational improvements and permanent green areas or other open spaces.

 

(003) Developers desire to provide for the protection of the values, amenities, and qualities in the development and for the maintenance, improvement, regulation and preservation of Common Properties (grounds and facilities) and, to this end, subject the Properties in the development to the covenants and rules, set forth in this Declaration each and every one of which pertains to said properties and is for the benefit of each future owner thereof and the Developers.

 

(004) Developers will incorporate under the laws of the State of Wisconsin, as a non-profit membership corporation, WISCONSIN'S ROCK RIVER LEISURE ESTATES HOMEOWNERS' ASSOCIATION, INC., and delegate and assign to it the powers of maintaining, improving, regulating and preserving the Common Properties, administering and enforcing the covenants and rules and collecting and disbursing the assessments and charges hereinafter created.

 

(005) Developers declare that the real property in the development, including such additions as may hereafter be made thereto (as provided in Section 2 of Article I), is and shall be held, conveyed and occupied subject to the covenants and rules set forth in this Declaration.

 

ARTICLE I

 

DEFINITIONS:

 

(006) The following words or phrases, when used in this Declaration or any Supplementary Declaration of Covenants and Rules (unless the context shall prohibit) shall have the following meaning:

 

(007) Developers: shall mean and refer to Charles F. Dolan and Harry B. Blizzard and their heirs, personal representatives, successors or assigns, specifically including Wisconsin Recreational Properties, Inc.

 

(008) Association: shall mean and refer to Wisconsin's Rock River Leisure Estates Home Owners' Association, Inc.

 

(009) Properties: shall mean and refer to all such Existing Property   (as provided in Jan Section 1 of Article II) and additions thereto from Additional Property (as Provided in Section 2 of Article II) as are subject to this Declaration or any Supplementary Declaration of Covenants and Rules.

 

(010) Lot: shall mean and refer to any numbered lot shown upon any recorded final plat of the Properties.

 

(011) Common Properties: shall mean and refer to all Outlots as numbered and shown on the final plat of the road right of way area numbered Outlot 12, and shall refer to Outlot areas A and B of the first and second additions to Wisconsin's Rock River Leisure Estates, as shown on Ex. 2.

 

(012) Owner: shall mean and refer to the record owner, whether one or more persons or entities, of a fee, or undivided fee, interest or to a person or entity, which has an interest as a contract purchaser in any Lot situation upon the Properties, but shall not mean or refer to any person or entity who holds such an interest merely as a security for the performance of an obligation.

 

(013) Member: shall mean and refer to any Owner who is a member of the Association.

 

(014) Board: shall mean and refer to the Board of Directors of the Association.

 

(015) Recreation Vehicle: shall mean and refer to a temporary dwelling used for travel recreation and vacation use. For size limitation, refer to Article V, Section 4 (e).

 

(016) Covenants: are a legal promise that land may be used or may not be used in a certain way, and is particularly an express agreement between the Developers, Association and lot purchasers.

 

(017) Covenants: These Covenants shall become a part of the plat by reference in a recorded document with the plat. Provisions of Articles I thru V of this Declaration shall be deemed to be Covenants.

 

(018) Facilities: shall mean and refer to roads, water, sewers, ski run, swimming pools, tennis courts, ski run, ball diamond, boat docks, boat storage area and other recreational storage and service structures.

 

(019) Auxiliary Services: shall mean and refer to Laundromat, food and sundry store, golf shop, ski shop, snack bar and other structures consistent with the purposes of the development.

 

(020) Family: shall be mean refer to one or more persons living together in one dwelling unit as a single housekeeping entity, provided that a family may consist of not more then two such persons when not related by blood or marriage.

 

(021) Living Space: shall mean and refer to all heated indoor area, not including porches, sun decks, basements, attics, attached garages, breezeways, carports, crawl spaces and the like.

 

ARTICLE II

 

REAL PROPERTY SUBJECT TO THIS DECLARATION; 'PROPERTIES'

 

Section 1. Existing Property:

 

(022) The real property which is and shall be held, conveyed and occupied subject to the Covenants and Rules set forth in this Declaration is located in Rock County, State of Wisconsin, and is more particularly described as follows:

 

(023) Part of the West one-half (W 112) of Section Twelve (12) and part of the East one-half (E 112) of Section Eleven (11), Town 4 North, Range 12 East of the 4th P.M., Township of Fulton, Rock County, Wisconsin. Full legal description is attached and marked Ex. 1.

 

Section 2. Additional Property:

 

(024) Additional Property may become subject to the Covenants and Rules set forth in this Declaration.

 

(025) Developers, their heirs, personal representatives, successors and assigns shall have the right to bring within the general plan or scheme of this Declaration Additional Property in future stages of development. Additions, if any, shall comply with the standards set forth in this document.

 

(026) The additions shall be subject to assessment for their just share of Association expenses.

 

(027) The Developers, their heirs, personal representatives, successors and assigns, are not obliged to bring any Additional Property within the general plan or scheme of development, other than Out­lot areas shown on Exhibit 2 attached hereto.

 

(028) Any additions authorized under the Section shall be made by recording a "Supplementary Declaration of Covenants and Rules" with respect to such additions, which shall extend the general plan or scheme of the Covenants and Rules of this Declaration to the lands added.

 

ARTICLE III

 

COMMON PROPERTIES

 

Section 1. Nature and Ownership of Common Properties:

 

(029) General Provisions. Unless expressly dedicated to the public by the Home Owners' Association, as far as is consistent with this Declaration, all common properties depicted on the recorded plats (all numbered outlots) are and shall remain Private and are to be available to and for the benefit of all lot owners in existing and future units.

 

(030) A commitment to that effect, signed by the Developers, appears on the face of Exhibit 2.

 

(031) Developers covenant for themselves, their heirs, personal representatives, Successors and assigns:

 

(031A) To set aside certain lands as Common Properties as set forth in the various plats to be recorded,

(031B) To improve the Common Properties,

(031C) To open the Common Properties to the common use and enjoyment in conformity with Section 2; and

(031D) To convey, by a warranty deed, a fee simple title to the Common Properties to the Association, subject to the Covenants and Rules in accordance with the standards and timetable specified in the following sub-sections.

 

(032) Grounds: (i.e. permanent green areas and other open spaces to be used for recreational purposes and for preservation of the environmental qualities of the development).

 

(033) Facilities: (i.e., buildings or other improvements for administrative, maintenance, Service or recreational purposes with the tracts of land on which they are situated).

 

Facilities on the Additional Property:

 

(034) Developers shall have the right to establish and build facilities on any addition made from the Additional Property, upon favorable review of The Board of Directors of the Home Owners' Association.

 

Relationship between Facilities and Grounds:

 

(035) Unless this Declaration provides to the contrary, the Association shall have the right subsequently to establish additional recreational facilities as part of its Common Properties.

 

(036) Unless this Declaration provides to the contrary, at any time after the sale of the 2501h lot, the Association shall have the right to expand any originally established facility, or reduce, reasonably modify the character of close, or remove any originally or subsequently established facility.

 

(037) Land may be withdrawn from the grounds only for the purposes set forth in this Article III, Section 1, (022) and (023) and within the limits established by the Board of Directors of the Association and by a two-thirds vote of the membership at the Annual Meeting, excepting to the original plans of this development.

 

Special Provisions regarding Operation and/or Disposition of Facilities on the Existing Property:

 

(038) In the event that the Association elects, by vote of at least 75% of its membership, to close or discontinue operation and maintenance of any facility originally established on the Existing Property, any such facility shall revert to:

 

(038A) First, the Developers, who shall have the option to continue operation and maintenance of the facility or

(038B) Secondly, should a facility be removed, the land on which it was situated shall become part of the Grounds.

 

Section 2. Use and Enjoyment of Common Properties:

 

(039) Each and every Member, his family members and guests residing with him in his household shall have the rights of the use and enjoyment of the Common Properties, subject to the Covenants and Rules stated in this Declaration and other reasonable regulations which the Board shall have the power to prescribe.

 

(040) The Board and the assigns of the Association shall have the power to impose and collect reasonable fees for the use of those facilities for which a User fee is deemed necessary.

 

(041) In the event that Developers or the Board elect to make certain facilities available for public use as well as the use of Members and guests of Members, any fee schedules established for such facilities will be graduated to reflect preferential treatment in favor of:

 

(041A) Members and their immediate facilities;

(042B) Guests of Members; and

(042C) The general public, in that order.

 

(042) The Board shall have the power to suspend a Member's rights to use and enjoy the Common Properties for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of the Covenants and Rules as stated in this Declaration of its published regulations for the use, protection and preservation of the Common Properties.

 

Section 3. Protection and Preservation of Common Properties:

 

(043) For the duration of the Covenants and Rules set forth in this Declaration, the area of the Common Properties depicted in the final plats shall not be reduced by sale or development, subject to exceptions stated in this Declaration.

 

(044) No portion of the grounds depicted in the final plats shall be diverted to residential development or facilities, subject to exceptions stated in this Declaration.

 

(045) The grounds shall be preserved in their natural state, subject to additional approved recreational facilities, reasonable civil cultural measures (i.e., removal of dead or diseased trees), and measures of soil protection as they may be approved by the Board.

 

(046) No person shall dump any garbage, trash or other refuse anywhere on the Common Properties, except in such places as may be designated for such purposes by the Board.

 

(047) Likewise, no person shall engage in any tree cutting, trail making, burning or like activity on the Common Properties; any such activity, if consistent with the purposes of this Declaration and in the interests of the development, shall be carried out only by persons specifically authorized by the Board.

 

(048) The Board shall have the power to prescribe other reasonable regulations for protection and preservation of the Common Properties.

 

Section 4. Transfers of Interests in Common Properties:

 

(049) The Association shall have the right to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties.

 

(050) In the event that the Developers have mortgaged any of the Common Properties, they shall have satisfied such mortgages prior to conveyance of title to said properties to the Association.

 

Section 5. Construction and Operation of Facilities:

 

(051) Developers may construct and operate on the Common Properties a Laundromat and other auxiliary services, limited to a maximum of 100,000 square feet of building area.

 

Section 6. Structures on Common Properties:

 

(052) All structures on common areas shall be limited to those owned by the Association or the Developer.

 

ARTICLE IV

 

LOTS SIZE AND USE

 

(053) All lots in the development of Wisconsin's Rock River Leisure Estates shall be used for the following purposes only:

 

(053A) Vacations Cottage Sites: shall be lots consisting of a minimum of nine thousand (9,000) square feet and less than twenty-five thousand (25,000) square feet, plus the rights to the Common Properties, except that the following lots exceeding twenty-­five thousand (25,000) square feet may be used as Vacations Cottage Sites: Lots 224, 225, 226, 227 and 228 of the First Addition to Wisconsin's Rock River Leisure Estates.

 

(053B) Recreational Vehicle Sites: shall be lots consisting of less than nine thousand (9,000) square feet, plus the rights to the Common Properties, except that the following lots exceeding nine thousand (9,000) square feet may be used as Recreational Vehicle Sites: Lots 8 thru 18, Lots 143 and 144, and Lots 158 thru 164 of Wisconsin's Rock River Leisure Estates, and Lots 186, 187, 223, 229, 232, 233, 308 and 309 of First Addition to Wisconsin's Rock River Leisure Estates.

 

ARTICLE V

 

COVENANTS

 

Section 1. Covenants Relating to All Lots:

 

(054) Recreational vehicle locations and all buildings shall be located at least twenty-five (25) feet from the public right-of-way and ten (10) feet from any lot line, except when lot shape and topography on recreational vehicle sites prevent these set back requirements. On Ellendale Road, the set back shall be fifty (50) feet from the public right-of-way.

 

(055) Any lot less than nine thousand (9,000) square feet in size shall not be used for a permanent residence.

 

(056) All building exteriors, including exterior color, shall be completed within one (1) year from date of issuance of building permit.

 

(057) The Association for themselves, their heirs, personal representatives, successors, assigns and licensees, reserve a perpetual easement of 10 feel along the rear line of all lots, together with an easement of 15 feet in width along both sides of all road right-­of-way and such an easement 7 1//2 feet in width along the side lines of each lot, together with the right of ingress and egress thereon for the installation, operation, maintenance and servicing of utility lines and facilities and drainage ditches and appurtenances thereto, together with the right to trim, cut or remove any structure, trees or brush necessary for the above purposes.

 

(058) Except, where any owner of two or more lots, the side of which adjoin, constructs a building which will cross over or through a common lot side line prior to the installation of any utility lines across such easement, said consolidated lot shall not be subject to the aforementioned 7 1/2 foot easement along the line common to both lots.

 

(059) Also, except where a lot shall be acquired by the owners of lots adjoining it on both sides and shall apportion a portion of said lot to such adjoining lots, the easements across the sides of the lots involved shall shift to a 7 1/2 foot strip along the sides of each newly constituted lot.

 

(060) The owners of lots within the subdivision shall have no cause of action against the association, their heirs, personal representatives, successors or licensees, either at law or in equity by reason of any damage caused said lots in the installation, operation or maintenance of above mentioned utilities, except in cases of gross negligence.

 

(061) Two (2) or more lots may be used as a single building site except recreational vehicle sites.

 

(062) Each lot owner must belong to the association and has one (1) vote in the association, all with equal rights and privileges. In the event of multiple lot ownership, said owner shall have no more than one (1) vote.

 

(063) After the sale of the 250th lot, the Board of Directors of the Association shall consist of seven (7) members, nominated and elected at large from the membership of the Association. Directors shall be elected to serve a two-year (2) term.

 

(064) Parking for at least two (2) cars shall be provided for each lot.

 

(065) Storage of boats, snowmobiles and all terrain vehicles shall be stored in approved storage areas. Cycles, garden, lawn and similar equipment shall be stored in approved storage sheds.

 

(066) No more than 25% of a lot can be cleared for improvements and there shall be no removal of any foliage within five (5) feet of a lot line and no living tree larger than four (4) inches in diameter shall be removed other than in the 25% improvement area, except for installation of public utilities, driveways and drainage control.

 

(067) No sign larger than one square foot is allowed on any lot by an owner except the Developer.

 

(068) No lots shall be used as a roadway.

 

(069) No partially destroyed dilapidated structure or open basement is permitted.

 

(070) No dry wells or fill system will be used on any individual lot. Refuse containers shall be kept out of sight except for garbage pick -up days.

 

(071) All sewage and water shall be disposed of through the Consolidated Koshkonong Sanitary District.

 

(072) No lot owner or other person may construct or utilize any other form of disposal on or from the Development.

 

(073) Developers shall have the right of first refusal of any lot by a lot owner in the development, which right of refusal shall be consistent with all applicable state and federal laws.

 

(074) All road rights-of-way shall remain the property of the developers and, or the association and not of the individual abutting lot owner.

 

(075) Covenants may be added to or removed from this Declaration by a three fourths (3/4) vote of the membership of the association and Rules by a two thirds (2/3) vote.

 

(076) All lot owners must use the water services provided by the Rock River Leisure Estates Cooperative; no lot owner may use any other water source or drill any well in Wisconsin's Rock River Leisure Estates or in any addition thereto.

 

Section 3, Covenants Relating to Vacation Cottage Sites:

 

(077) Architectural approval of all plans on all buildings shall be by the Board of Directors of the Association.

 

(078) The minimum foundation area of living space shall be seven hundred (750) square feet.

 

(079) The maximum foundation area of living space shall be fifteen hundred (1500) square feet.

 

(080) There shall be only one (1) single family dwelling unit per lots, limited to single-family occupancy.

 

(081) All buildings must be approved for architecture and building material by the Board of Directors of the Association.

 

Section 4. Covenants Relating to Recreational Vehicle Sites:

 

(082) The only buildings allowed on these lots are non-dwelling, such as storage and boat sheds architecturally approved by the Board of Directors of the Association.

 

(083) All initial site preparation for recreational vehicle lots for extension of sewer and water thereto and the construction of the entrance roads thereto shall be constructed exclusively by the Developers with prime concern for soil conservation.

 

(084) There shall be only one recreational vehicle per recreational vehicle site.

 

(085) All recreational vehicles must be fully self-contained (i.e., full bath, with toilet and shower or tub, and no fuel storage is allowed exceeding one hundred (l00) gallons of L.P. gas and ten (10) gallons of other liquid fuels.

 

(086) Recreational vehicles shall comply with the maximum definition of the state of Wisconsin statute.

 

(087) Pick-up trucks with slip-on campers and fold-out trailers shall not be allowed except for a limited time determined by the Association.

 

(088) All non-dwellings such as storage sheds and garages must be approved for architecture and building material by the Board of Directors of the Association.


 


(089) No second recreational vehicle may be parked or stored on any recreational vehicle lot. A visiting recreational vehicle may be approved by the Board for a maximum stay of two (2) weeks per year for each different recreational vehicle.

 

(090) A recreational vehicle on a recreational vehicle lot shall not be used as a permanent residence.

 

(091) Fencing of any type is prohibited.

 

ARTICLE VI

 

RULES

 

Section 1. Rules Relating to all Lots:

 

(092) The Association shall control, maintain, improve and manage Association owned land and establish, control and enforce lot restrictions and control and enforce lot covenants.

 

(093) Outlots 1 thru 12 in Wisconsin's Rock River Leisure Estates, Outlots 13 thru 19 in Wisconsin's Rock River Leisure Estates first addition, Outlots 20 thru 28 in Wisconsin's Rock River Leisure Estates second addition, as shown on the final plat and its exhibits shall be deeded, at no cost, to the Association by the Developers at the time of the sale of the 250th lot.

 

(094) Until the sale of the 250th lot, the Board of Directors of the Association shall consist of three (3) members, one of the Developers, the Manager appointed by the Developers and one (1) member elected annually in the month of May by the Association.

 

(095) The Association shall maintain the common properties, facilities, roads, and highway right-of-way associated with such roads and all constructed recreational facilities.

 

(096) Annual Association maintenance fee shall not exceed three hundred dollars ($300.00) unless the Association, by a two-thirds (2/3) vote of the membership (a minimum of 250 members) votes to assess property owners an annual sum of money in excess of $300.00 to insure the maintenance of the common properties, facilities, roads and highway right-of-way associated with such roads, and for state and local government taxes, and other ordinary and necessary expenses.

 

(097) Said assessment shall be equitably based on a per lot basis. The Board of Directors may designate as a single lot for assessment purposes when there are two adjacent lots, if used as one (1) lot.

 

(098) Maintenance fee shall be due upon sale of lot and pro-rated to May 31 and due each year thereafter on May 31. Said fee may be paid in such installments as determined by the Board of Directors.

 

(099) Capital improvements beyond those provided by the Developers shall be at the cost of the Association by special assessment upon approval by seventy-five per cent (75%) of the Association members, (a minimum of 250 members).

 

(100) Insurance and taxes will be paid by the Developers on all land and improvements maintained and operated by the Association and until the land is deeded to the Association.

 

(101) Should the Association, by a vote of seventy-five per cent (75%) of its members (a minimum of 250 members), decide to disband the Association because of failure to meet its maintenance, management or enforcement obligations, all land and improvements owned by the Association shall be offered for sale to the Town of Fulton, County of Rock, State of Wisconsin, or any other party, in that order, for a park, at one-half the appraised value at the time of the sale.

 

(102) The appraised value shall be determined by three appraisers, one to be selected by the Association, one by the aforesaid governmental agency or other party, and the third to be selected by these two appraisers.

 

(103) Coin operated laundry facilities shall be provided in the recreation hall.

 

(104) No open storage of any kind will be allowed on ground, including under any recreational vehicle.

 

(105) Snowmobile, all terrain vehicle and motorcycle usage shall be restricted to areas and times approved by the Board of Directors.

 

(106) Maintenance equipment owned by the Developers and desired by the Association, shall be sold to the Association at the depreciated cost at the time of the sale of the 250th lot.

 

(107) Payment for this equipment will be by $100.00 from each initial annual maintenance fee, starting at the sale of the 251st lot and running until the equipment is paid off.

 

(108) Failure to pay Annual Association maintenance fee will result in loss of use of the community water system and loss of use of all recreational facilities, and shall be added as an assessment against the lot owner and proper legal action shall be instigated to collect such dues and fees.

 

(109) The community water system shall be owned and operated by Rock River Leisure Estates Cooperative, a Wisconsin cooperative.

 

(110) Trash must be picked up from enclosed containers and may not be burned.

 

(111) Failure to remove trash shall be cause for the Association to shut off the community water system.

 

(112) No animals shall be kept or maintained on any lot, except the usual household pets; and, in such cases, the pets shall be so kept and maintained as not be become an unreasonable annoyance or nuisance to other residents in the development, by reason of movement, noise or odor.

 

(113) No kennel shall be established in the development.

 

(114) A kennel is defined as housing more than two (2) dogs.

 

(115) Only current licensed motor vehicles or travel trailers may be parked on any lot at any time.

 

(116) Non-licensed motor vehicles and non-recreational vehicle trailers may not be parked on any lot at any time.

 

Section 3. Rules Relating to Vacation Cottage Sites:

 

(117) One (1) recreational vehicle, parked or stored, per lot, and occupied not over two (2) weeks per year is allowed.

 

Section 4. Rules Relating to Recreational Vehicle Sites:

 

(118) Recreational vehicles must conform with Recreational Vehicle Institute Code and display seal of same.

 

(119) Recreational vehicles must be a minimum of seventeen (17) feet in length.

 

ARTICLE VII

 

GENERAL PROVISIONS

 

Section 1. Duration:

 

(120) The Covenants of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change said Covenants in whole or in part.

 

Section 2. Notices:

 

(121) Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

 

Section 3. Enforcement:

 

(122) Enforcement of these Covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any Covenant, either to restrain violation or to recover damages, and against the land to enforce any lien created by these Covenants; and failure by the Association or any Owner to enforce any Covenant herein contained shall in no event be deemed a waiver of the right to do so thereafter.

 

Section 4. Severability:

 

(123) Invalidation of anyone of these Covenants by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

 

Section 5. Voting:

 

(124) On any occasion that a matter is subject to vote, all lot owners shall be notified of the content and context of the material to be voted upon and have the right to vote by proxy.

 

EXHIBIT I

 

DESCRIPTION SHEET

 

Part of the W. 1/2 of section 12 and part of the E 1/2 of section 11, T. 4 N., R. 12 E of the 4th P.M., Fulton Township, Rock County, Wisconsin, described as follows:

 

(125) Beginning at the S.B. corner of Section 11, T. 4N., R.12 E. of the 4th P.M., Fulton Township, Rock County, Wisconsin,

 

(126) Thence South 88 -29'-50" West, 386.21 feet to the centerline of Kidder Road,

 

(127) Thence North 10 -22'-40" West along said center line, 1481.88 feet,

 

(128) Thence continuing along said centerline north 12 -51'-10" West, 468.21 feet,

 

(129) Thence South 89 -56' East, 767.80 feet,

 

(130) Thence North 00 -23'-06" East, 524.17 feet to a point, which point is 209.71 feet south of the East 1/4 corner of Section 11 aforesaid,

 

(131) Thence South 89 -56'-07" East, 891.39 feet to the centerline of Kidder Road,

 

(132) Thence North 12 -45' -34" West, 472.91 feet,

 

(133) Thence North 12-45'-­34" West, along centerline of said Road, 446.75 feet to a point of curve,

 

(134) Thence Northeasterly along a curve convexed Northwesterly 355.332 feet, having a radius of 370.00 feet, the chord being North 14 -45' -06" East, 341.82 feet to a point of curve,

 

(135) Thence Northeasterly along a curve convexed Northwesterly 97.74 feet, having a radius of 545.42 feet, the chord being North 47 -23'-47" East, 97.61 feet to a point of tangency,

 

(136) Thence North 52 -31' -48" east, 85.20 feet to a point of curve on the centerline of Ellendale Road,

 

(137) Thence Northeasterly along a curve convexed Northwesterly, 237.88 feet, having a radius of 732.00 feet, the chord being North 61 -­50' -24" East, 236.84 feet to a point of curve,

 

(138) Thence Northeasterly along a curve convexed Northwesterly 145.39 feet, having a radius of 648.17 feet, the chord being North 77 -34'-33" East, 145.08 feet to a point of curve,

 

(139) Thence Northeasterly along a curve convexed Northwesterly, 326.94 feet, having a radius of 1661.73 feet, the chord being North 89 -38' -17" East 326.41 feet to a point of curve,

 

(140) Thence Southeasterly along a curve convexed Northeasterly 196.45 feet, having a radius of 889.93 feet, the chord being South 78 -24'-06" East, 196.05 feet to a point of tangency on said centerline,

 

(141) Thence South 72 -04' -3 9" East, 3.17 feet along said centerline,

 

(142) Thence South 72 -04'-39" East, along said centerline 250 feet,

 

(143) Thence South 00 -09'­21" West, 275.23 feet to a point,

 

(144) Thence South 72 -04'-39" East, 136.48 feet to a point,

 

(145) Thence North 00 -13'-00" East, 275.15 feet to the centerline of Ellendale Road,

 

(146) Thence along said centerline South 81 -25'-39" East, 124.16 feet,

 

(147) Thence along said centerline North 88 -35' -36" East, 221.00 feet,

 

(148) Thence along said centerline South 84 -14'-24" East, 290.28 feet,

 

(149) Thence along said centerline South 89 -21' -24" East, 342.88 feet,

 

(150) Thence along said centerline North 85 -49'­36" East, 254.00 feet,

 

(151) Thence South 02 -02'-16" West, 427.23 feet,

 

(152) Thence South 87 -56'-10" East, 251.86 feet,

 

(153) Thence South 02 -13' -31" East, 457.41 feet,

 

(154) Thence South 86 -16' -00" East 136.00 feet to the West RO.W. Line of Interstate 90,

 

(155) Thence South 9 -38' -00" East along said RO.W. Line 45.67 feet,

 

(156) Thence South 13 -27'-00" East, along said RO.W. Line 333.42 feet to a point of curve,

 

(157) Thence Southeasterly along a curve convexed Northeasterly 257.26 feet, having a radius of 22,773.33 feet, the chord being South 13 -D7' -35" East, 257.26 feet,

 

(158) Thence South 72 -­09'-41" West from a point on said curve, 918.93 feet,

 

(159) Thence South 00 -02'-50" East, 1910.30 feet to the South line of said Section 12,

 

(160) Thence South 89 -10'-20" west, 1276.78 to the S.W. Corner of Section 12 aforesaid, and the place of beginning, reserving there from all the land within 33.00 feet measured at right angle from the centerline of Kidder Road and Ellendale Road for highway purposes.

 

(161) Lot Number 1 of Certified Survey Map recorded in the office of the Register of Deeds, Rock County, Wisconsin on the 22nd day of August, 1978, in Volume 8 of Certified Survey Maps, Page 34 as Document No. 893030, being part of the Southwest Quarter of Section 12, Town 4 North, Range 12 East of the Fourth Principal Meridian, Fulton Township, Rock County, Wisconsin.

 

(162) Included in the above description is the recorded plat of Wisconsin's Rock River Leisure Estates in Fulton Township, Rock Co., Wis.; recorded in the office of the Register of Deeds, Rock County, Wisconsin, June 13, 1975, at 2:30 P.M. in Volume 27 Plats, Pages 21, 22, 23 and 24, Document 830430.

 

(163) Included in the above description is also the recorded plat of Wisconsin's Rock River Leisure Estates First Addition, in Fulton Township, Rock County, Wisconsin, recorded in the office of the Register of Deeds, Rock County, Wisconsin, on February 1, 1977, in Vol. 28 of Plats, Pages 18, 19, 20 and 21, as Document No. 859006.

 


 

Recorded Dates:

 

(164) Articles of Incorporation, Vol. 543, Page 246-248, January 23, 1975

 

(165) Original Declaration recorded June 26, 1975 Vol. 556, Page 473-494, Document No. 83910.

 

(166) (Exhibit 2 = Being the large drawing, too large for photographing, was detached from said foregoing instrument; a copy of said drawing was filed therewith, as Document No. 83911.)

 

(167) Additional Covenant dated August 14, 1975, recorded September 12, 1975 in Vol. 565, Records, Page 277-279, Document No. 834279.

 

(168) Amendment dated June 25, 1976 and recorded July 7, 1976 in Vol. 602, Records, Page 298-300, Document No. 848590.

 

(169) Amendment dated February 19, 1977, recorded March 21, 1977 in Vol. 634, Records, Page 568, Document No. 861145.

 

(170) Amendment dated May 24, 1978, recorded May 26, 1978 in Vol. 701, Page 188 Document No.

 

(171) Amendment dated May 26, 1979, recorded June 4, 1982 in Vol. 106, Records, Page 268-271, Document No. 953732.

 

(172) Amendment dated August 14, 1999, recorded August 23, 1999 in Document No. 1432070.