DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OUTAGAMIE COUNTY, WISCONSIN

THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR FIRST ADDITIION TO STARVIEW HEIGHTS, A RECORDED SUBDIVISION, TOWN OF GRAND CHUTE, WISCONSIN MADE THIS September 20, 2007, BY THE PARTNERSHIP OF: C & G DEVELOPMENT INC., OWNER/DEVELOPER, 715 S RAILROAD STREET, KIMBERLY, WI 54136.WHEREAS, DEVELOPER IS THE OWNER OF A CERTAIN REAL PROPERTY IN OUTAGAMIE COUNTY, WISCONSIN, THAT WILL BE DEVELOPED AS A RESIDENTIAL SUBDIVISION.

NOW, THEREFORE, DEVELOPER HEREBY DECLARES THAT ALL OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT SHALL BE HELD, SOLD, AND CONVEYED SUBJECT TO THE FOLLOWING EASEMENTS, RETRICTIONS, COVENANTS, AND CONDITIONS. THE EASEMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS ARE FOR THE PURPOSE OF PROTECTING THE VALUE AND DESIRABILITY OF THE REAL PROPERTY. THE EASEMENTS, RESTRICTIONS, COVENANTS, AND CONDITIONS SHALL RUN WITH THE REAL PROPERTY AND BE BINDING ON ALL PARTIES HAVING ANY RIGHT, TITLE OR INTEREST IN IT, TO INCLUDE THEIR HEIRS, SUCCESSORS, AND ASSIGNS, AND SHALL INURE TO BENEFIT OF EACH OWNER.

ARTICLE I – PROPERTY SUBJECT TO THIS APPLICATION

SECTION 1: EXISTING PROPERTY, THE REAL PROPERTY SUBJECT TO THIS DECLARATION IS LOCATED IN OUTAGAMIE COUNTY, WISCONSIN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING LOTS 37-142 INCLUSIVE AS SHOWN ON FIRST ADDITIION TO STARVIEW HEIGHTS FINAL PLATS ON FILE IN OFFICE OF THE REGISTER OF DEEDS, OUTAGAMIE COUNTY, WISCONSIN

SECTION 2: ADDITIONS TO EXISTING PROPERTY, ADDITIONAL RESIDENTIAL PROPERTY AND COMMON AREAS THAT ARE NOT PRESENTLY A PART OF THE GENERAL PLANS OF DEVELOPMENT MAY BE ATTACHED TO FIRST ADDITIION TO STARVIEW HEIGHTS BY DEVELOPER. THE ATTACHMENT SHALL BE RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS, OUTAGAMIE COUNTY, AND WISCONSIN.

ARTICLE II – USE RESTRICTIONS.

SECTION 1: PRIMARY USE RESTRICTIONS.

A) ONLY BUILDINGS PER CONVENANTS ARE ALLOWED.
B) THE STRUCTURE SHALL NOT EXCEED TWO AND ONE-HALF STORIES ON FRONT ELEVATION
C) NO BUILDING SHALL BE MOVED ONTO ANY LOT.
D) NO LOT SHALL BE FURTHER SUBDIVIDED

SECTION 2: NUISANCES. NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SHALL BE CONDUCTED ON ANY LOT, NOR SHALL ANYTHING BE DONE WHICH MAY BE OR BECOME ANANNOYANCE OR NUISANCE OF THE NEIGHBORHOOD.

SECTION 3: USE OF OTHER STRUCTURES AND VEHICLES.

A) NO STRUCTURE OF A TEMPORARY CHARACTER SHALL BE PERMITTED ON ANY LOT EXCEPT TEMPORARY TOOL SHEDS OR FIELD OFFICES USED BY A BUILDER OR DEVELOPER, WHICH SHALL BE REMOVED WHEN CONSTRUCTION OF DEVELOPMENT IS COMPLETED.
B) NO TRAILER, TRUCK, MOTORCYCLE, COMMERCIAL VEHICLE, CAMPER VEHICLE, OR BOAT SHALL BE HABITUALLY PARKED OR KEPT ON ANY LOT, UNLESS HOUSED IN A GARAGE OR BASEMENT. NO AUTOMOBILE THAT IS INOPERABLE SHALL BE HABITUALLY OR REPEATEDLY PARKED OR KEPT ON ANY LOT, EXCEPT IN THE GARAGE, OR ON ANY STREET IN THE SUBDIVISION FOR A PERIOD IN EXCESS OF TWENTY-FOUR HOURS

SECTION 4: ANIMALS. NO ANIMALS, INCLUDING REPTILES, LIVESTOCK, OR POULTRY OF ANY KIND SHALL BE RAISED, BRED, OR KEPT ON ANY LOT, EXCEPT THAT DOGS, CATS, OR OTHER HOUSEHOLD PETS (MEANING THE DOMESTIC PETS TRADITIONALLY RECOGNIZED AS HOUSEHOLD PETS IN THIS GEOGRAPHIC AREA) MAY BE KEPT, PROVIDED THEY ARE NOT KEPT, BRED, OR MAINTAINED FOR ANY COMMERCIAL OR BREEDING PURPOSES.

SECTION 5: CLOTHES LINES, FENCES AND WALLS, TENNIS COURTS, SWIMMING POOLS, YARD ORNAMENTS, ANTENNAS AND RECEIVERS/TRANSMITTERS.

A) ANY FENCE ERECTED OR PLACED FACING ANY STREET WITHIN THE SUBDIVISION OR EXTENDED ALONG THE SIDE OF THE LOT TOWARD THE FRONT OR STREET SIDE BEYOND THE FRONT WALL OF THE RESIDENCE, WILL NOT EXCEED (4) FEET IN HEIGHT AND WILL BE CONSTRUCTED OF WOOD, STONE, BRICK, OR ROCK. FOLIAGE OR HEDGE FENCES ARE PERMITTED FACING ANY STREET TO A MAXIMUM HEIGHT OF (4) FEET. AND ON THE SIDE OF LOT TO A MAXIMUM HEIGHT OF THE HOUSE ON THE LOT BEHIND THE FRONT WALL OF THE RESIDENCE. NO METAL YARD FENCES ARE ALLOWED.
B) NO TENNIS COURT OR SWIMMING POOL FENCE SHALL BE ERECTED ON ANY LOT IN THE SUBDIVISION UNLESS THE FENCING IS WOODEN OR METAL COATED WITH BLACK OR GREEN VINYL. NO FENCE SHALL BE ERECTED ON THE EASEMENT AREAS. BUT IS OTHERWISE PERMISSIBLE, SUBJECT TO THE INSPECTION OF THE PLAN AND APPROVAL OF THE DEVELOPER, OR ANY PERSON OR ASSOCIATION TO WHOM IT MAY ASSIGN THE RIGHT.
C) NO ABOVE GROUND SWIMMING POOLS SHALL BE ERECTED OR PLACED ON ANY LOT UNLESS IT’S DESIGN AND PLACEMENT ARE APPROVED IN WRITING BY THE DEVELOPER OR ANY PERSON OR ASSOCIATION TO WHOM IT MAY ASSIGN THE RIGHT. ANY ABOVE GROUND POOL MUST HAVE A DECORATIVE WOODEN DECK SURROUNDING THE ENTIRE POOL AND BE OF A COMPLEMENTARY NATURE TO THE EXISTING HOME.
D) NO ANTENNA (EXCEPT FOR A STANDARD SMALL TELEVISION ANTENNA OR 30” SATELLITE DISH OR SMALLER MICROWAVE AND OTHER RECEIVERS AND TRANSMITTERS) (INCLUDING THOSE CURRENTLY CALLED SATELLITE DISHES) SHALL BE ERECTED OR PLACED ON ANY LOT.

SECTION 6: DUTY TO MAINTAIN LOT.

A) FROM AND AFTER THE DATE OF PURCHASE OF A LOT UNTIL CONSTRUCTION OF A SINGLE FAMILY RESIDENCE IS BEGUN, THE OWNER IS RESPONSIBLE FOR MAINTENANCE OF THE LOT. SUCH MAINTENANCE WILL INCLUDE BUT WILL NOT BE LIMITED TO MOWING. KEEPING THE LOT FREE FROM TRASH, AND KEEPING FOLIAGE (EXCEPT LEAVES) OFF NEIGHBORING LOTS. UPON FAILURE OF OWNER TO PERFORM, DEVELOPER HAS THE RIGHT TO PERFORM NECESSARY MAINTENANCE. DEVELOPER MAY ASSESS THE LOT OWNER AT AN AMOUNT DEVELOPER DETERMINES NECESSARY TO MAINTIN THE LOT.
B) FROM AND AFTER THE DATE OF CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A LOT IS BEGUN, IT SHALL BE THE DUTY OF EACH LOT OWNER TO KEEP THE GRASS CUT, TO KEEP THE LOT FREE FROM TRASH, AND TO KEEP IT OTHERWISE NEAT AND ATTRACTIVE IN APPEARANCE. SHOULD ANY OWNER FAIL TO DO SO, THEN DEVELOPER MAY TAKE SUCH ACTION AS IT DEEMS APPROPRIATE, INCLUDING MOWING, IN ORDER TO MAKE THE LOT NEAT AND ATTRACTIVE, AND THE OWNER SHALL, IMMEDIATELY UPON DEMAND, REIMBURSE DEVELOPER OR OTHER PERFORMING PARTY FOR ALL EXPENSES INCURRED, TOGETHER WITH ALLOWABLE STATUTORY INTEREST, AND DEVELOPER SHALL HAVE A LIEN ON THAT LOT AND THE IIMPROVEMNTS THEREON TO SECURE THE REPAYMENT OF SUCH AMOUNTS, SUCH LIEN MAY BE ENFORCED BY FORECLOSURE AGAINST THAT LOT AND THE IMPROVEMENTS THEREONE, BUT SUCH LIEN SHALL BE SUBORDINATE TO ANY FIRST MORTGAGE THEREON.

SECTION 7: DUTY TO REPAIR AND REBUILD.

A) LOT OWNERS SHALL, AT THEIR SOLE COST AND 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.
B) 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, REBUILD, REPAIR, OR RECONSTRUCT SUCH RESIDENCE WITHIN 180 DAYS, IN A MANNER WHICH WILL SUBSTANTIALLY RESTORE IT TO ITS APPEARANCE CONDITION IMMEDIATELY PRIOR TO THE CASUALTY.

SECTION 8: BUSINESS-HOME OCCUPATIONS. NO TRADE OR BUSINESS WILL BE CONDUCTED ON ANY LOT, IN ANY HOME OR UNATTACHED BUILDING, NOR WILL ANYTHING BE DONE THEREON WHICH MAY CREATE OTHER THAN RESIDENTIAL TRAFFIC OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. HOWEVER, HOME OFFICES WILL BE ALLOWED FOR INDIVIDUALS WHOSE WORK DOES NOT CREATE BUSINESS TRAFFIC WITHIN THE SUBDIVISION.

SECTION 9: SIGNS. NO SIGN FOR ADVERTISING OR FOR ANY OTHER PURPOSE SHALL BE DISPLAYED ON ANY LOT OR ON A BUILDING OR A STRUCTURE ON ANY LOT, EXCEPT ONE SIGN BY THE BUILDER AND ONE SIGN BY THE REALTOR OR OWNER ADVERTISING THE SALE THEREOF, WHICH SHALL NOT BE GREATER IN AREA THAN SIX SQUARE FEET EACH: PROVIDED, HOWEVER, DEVELOPER SHALL HAVE THE RIGHT TO. (1) ERECT LARGER SIGNS WHEN ADVERTISING THE SUBDIVISION. (II) PLACE SIGNS ON LOTS DESIGNATING THE LOT NUMBER.. THIS RESTRICTION SHALL NOT PROHIBIT PLACEMENT OF OCCUPANT NAME SIGNS AND LOT NUMBERS AS ALLOWED BY APPLICABLE ZONING REGULATIONS.

SECTION 10: DRAINAGE. DRAINAGE OF EACH LOT SHALL CONFORM TO THE GENERAL DRAINAGE PLANS OF DEVELOPER FOR THE SUBDIVISION, DRAINAGE ON RECORD WITH THE TOWN OF GRAND CHUTE. EACH LOT OWNER IS REQUIRED TO OBTAIN NECESSARY INFORMATION REGARDING DRAINAGE FROM THE TOWN OF GRAND CHUTE . THE RETENTION PONDS ARE THE OUTLOTS OF THE SUBDIVISION AND ONLY PEOPLE WHOSE LANDS ABUT TO THE RETENTION PONDS ARE TO HAVE ACCESS AND USE OF THAT SAID PROPERTY ONLY. THE RETENTION AND/OR DETENTION POND OUTLOTS WITHIN THIS SUBDIVISION SHALL BE JOINTLY AND EQUALLY OWNED AND MAINTAINED BY ALL LOT OWNERS IN THIS SUBDIVISION, AS THEY WILL BENEFIT ALL LOT OWNERS. HOWEVER, ANY RECREATIONAL USE OF THE OUTLOTS SHALL BE LIMITED TO AND RESTRICTED TO THE OWNER(S) OF IMMEDIATE ADJOINING LOTS.

SECTION 11: DISPOSAL OF TRASH. NO LOT SHALL BE USED OR BE MAINTAINED AS A DUMPING GROUND FOR RUBBISH, TRASH, OR GARBAGE. TRASH, GARBAGE, OR OTHER WASTE WILL NOT BE KEPT EXCEPT IN SANITARY CONTAINERS. ALL RUBBISH, TRASH, OR GARBAGE GENERATED IN THE CONSTRUCTION OF THE RESIDENCE AND LANDSCAPING THE YARD ARE THE RESPONSIBILITY OF THE LOT OWNER, AND SHALL BE REMOVED FROM THE LOT.

SECTION 12: UNDERGROUND UTILITY SERVICE

A) EACH PROPERTY OWNER’S ELECTRIC, NATURAL GAS, TELEPHONE, AND CABLE TELEVISION UTILITY SERVICE LINES SHALL BE UNDERGROUND THROUGHOUT THE LENGTH OF SERVICE FROM WISCONSIN NATURAL GAS COMPANY, AND WISCONSIN ELECTRIC POWER COMPANY, AND GRAND CHUTE UTILITIES, WATER & SEWER COMPANY AND AMERITECH PHONE COMPANY, AND CABLEVISION POINT OF DELIVERY TO THE CUSTOMERS BUILDING, COST OF HOOKUP TO RESPECTIVE UTILITY, AND MAINTENANCE THEREOF SHALL BE BORNE BY THE LOT OWNER UPON WHOSE LOT THE SERVICE LINE IS LOCATED.

APPROPRIATE EASEMENTS ARE HERBY DEDICATED AND RESERVED TO EACH LOT OWNER, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER ABUTTING LOTS OR PROPERTIES TO INSTALL, OPERATE AND MAINTAIN SERVICE LINES TO: WISCONSIN NATURAL GAS COMPANY, P.O. BOX 907, APPLETON, WI 54911 – GAS COMPANY, AND WISCONSIN ELECTRIC POWER COMPANY, P.O. BOX 1699, APPLETON, WI 54911-ELECTRIC COMPANY, AND AMERITECH, P.O. BOX 2159, APPLETON, WI 54911 – PHONE COMPANY, AND TIME WARNER CABLE, P.O. BOX 145, KIMBERLY, WI 54136 – CABLEVISION TERMINATION POINTS. EASEMENTS ARE AS RECORDED ON PLOT MAP INDICATING SUBJECT PROPERTY.

ALL EASEMENTS SHOWN ON THE PLOT WILL BE MAINTAINED AND PRESERVED IN THEIR PRESENT CONDITION AND NO ENCROACHMENT THEREON AND NO CHANGE IN THE GRADE OF ELEVATION THERE OF WILL BE MADE BY ANY PERSON OR LOT OWNER WITHOUT THE EXPRESS WRITTEN CONSENT OF RESPECTIVE UTILITY COMPANY AND DEVELOPER. ABOVE GROUND TRANSFORMERS AND PEDESTALS MAY BE INSTALLED AT APPROPRIATE POINTS IN ANY EASEMENT.

ARTICLE III – ARCHITECTURAL CONTROL.

SECTION 1: ARCHITECTURAL REVIEW COMMITTEE. SO LONG AS DEVELOPER OWNS ANY LOTS, DEVELOPER SHALL HAVE THE OPTION TO ESTABLISH A COMMITTEE (THE COMMITTEE SHALL HAVE AT LEAST THREE BUT NO MORE THAN TWELVE PEOPLE) TO REVIEW ANY MATTER COVERED BY THESE DECLARATIONS. IN THE ABSENCE OF THE DEVELOPER PROVIDING SUCH A COMMITTEE, THE OWNERS OF NOT LESS THAN 75% OF THE TOTAL LOTS PLATTED OR TO BE PLATTED MAY FORM SUCH A COMMITTEE.

SECTION 2: APPROVAL OF CONSTRUCTION PLANS. ALL BUILDING PLANS AND SITE PLANS WILL BE SUBMITTED TO DEVELOPER AND APPROVED BY THE DEVELOPER OR ANY PERSON OR ASSOCIATION WHOM IT MAY ASSIGN SUCH RIGHT BEFORE ANY CONSTRUCTION BEGINS. 2 COPIES OF COMPLETE PLANS, SITE PLANS, AND SPECIFICATIONS TO BE SUBMETTED TO THE REVIEW COMMITTEE, 1 WILL BE RETAINED AND THE OTHER RETURNED APPROVED OR DISAPPROVED BY THE COMMITTEE WITHIN 15 DAYS OF RECEIPT. SUBMIT ALL PLANS TO: C & G DEVELOPMENT, LLC, 715 S RAILROAD STREET, KIMBERLY, WI 54136

SECTION 3: BUILDING MATERIALS – ROOF.

A) THE EXTERIOR BUILDING MATERIAL OF ALL STRUCTURES SHALL EXTEND TO THE GROUND LEVEL AND SHALL BE EITHER BRICK, STONE, BRICK VENEER, STONE VENEER, WOODEN SIDING, VINYL SIDING, OR ANY COMBINATION OF THE SAME. DEVELOPER RECOGNIZES THAT THE APPEARANCE OF OTHER EXTERIOR BUILDING MATERIALS MAY BE ATTRACTIVE AND INNOVATIVE AND RESERVES THE RIGHT TO APPROVE IN WRITING THE USE OF OTHER EXTERIOR BUILDING MATERIALS.

SECTION 4: MINIMUM FLOOR AREAS. THE FOLLOWING SHALL BE THE MINIMUM FLOOR AREAS FOR BUILDINGS TO BE CONSTRUCTED AFTER THIS INSTRUMENT IS RECORDED. FINISHED BASEMENTS, GARAGES, AND OPEN PORCHES ARE NOT INCLUDED IN COMPUTING FLOOR AREAS.

A) SINGLE FAMILY LOTS 37-41, LOTS 81-87, & LOTS 112-129

ONE STORY AND THE MAIN FLOOR OF BI-LEVEL HOMES---MINIMUM 1800 SQ FT & 7 /12 ROOF PITCH

GROUND FLOOR, ONE AND A HALF STORY HOUSE--- MINIMUM 1400 SQ FT, TOTAL 2200 & 7 /12 ROOF PITCH

GROUND FLOOR, 2 STORY HOUSE--- MINIMUM 1400 SQ FT, TOTAL 2400 & 7 /12 ROOF PITCH

TOP TWO LEVELS OF A SPLIT LEVER OR QUAD LEVEL---- MINIMUM 1800 SQ FT & 7 /12 ROOF PITCH

EACH HOME MUST HAVE A MINIMUM 2 CAR ATTACHED GARAGE. GARAGE MUST BE A MINIMUM OF 480 SQUARE FEET AND MAXIMUM OF 1000 SQUARE FEET.

EACH HOME MUST HAVE A MINIMUM OF 1/3 MASORY FRONT.

B) SINGLE FAMILY LOTS 73-80, & LOTS 88-111

ONE STORY AND THE MAIN FLOOR OF BI-LEVEL HOMES---MINIMUM 1600 SQ FT & 7 /12 ROOF PITCH

GROUND FLOOR, ONE AND A HALF STORY HOUSE--- MINIMUM 1300 SQ FT, TOTAL 2000 & 7 /12 ROOF PITCH

GROUND FLOOR, 2 STORY HOUSE--- MINIMUM 1300 SQ FT, TOTAL 2200 & 7 /12 ROOF PITCH

TOP TWO LEVELS OF A SPLIT LEVER OR QUAD LEVEL---- MINIMUM 1600 SQ FT & 7 /12 ROOF PITCH

EACH HOME MUST HAVE A MINIMUM 2 CAR ATTACHED GARAGE. GARAGE MUST BE A MINIMUM OF 480 SQUARE FEET AND MAXIMUM OF 1000 SQUARE FEET.

EACH HOME MUST HAVE A MINIMUM OF 1/3 MASORY FRONT.

C) SINGLE FAMILY LOTS 42-72 , & LOTS 130-142

ONE STORY AND THE MAIN FLOOR OF BI-LEVEL HOMES---MINIMUM 2000 SQ FT & 8 /12 ROOF PITCH

GROUND FLOOR, ONE AND A HALF STORY HOUSE--- MINIMUM 1500 SQ FT, TOTAL 2400 & 8 /12 ROOF PITCH

GROUND FLOOR, 2 STORY HOUSE--- MINIMUM 1400 SQ FT, TOTAL 2800 & 8 /12 ROOF PITCH

TOP TWO LEVELS OF A SPLIT LEVER OR QUAD LEVEL---- MINIMUM 2000 SQ FT & 8 /12 ROOF PITCH

EACH HOME MUST HAVE A MINIMUM 2 CAR ATTACHED GARAGE. GARAGE MUST BE A MINIMUM OF 480 SQUARE FEET AND MAXIMUM OF 1000 SQUARE FEET.

EACH HOME MUST HAVE A MINIMUM OF 3/4 MASORY FRONT.

SECTION 5: SETBACKS. NO STRUCTURE SHALL BE LOCATED ON ANY LOT NEARER TO THE FRONT, REAR OR SIDE STREET LINE THAN THE MINIMUM BUILDING SETBACK LINES STIPULATED BY APPLICABLE ZONING REGULATIONS. ALL FRONT SETBACKS WILL BE ACCORDING TO FINAL PLAT . DEVELOPER MAY INCREASE ADDITIONAL ESTABLISHED SETBACK LINES: IN ITS SOLE DISCRETION, WHERE NOT IN CONFLICT WITH APPLICABLE ZONING REGULATION.

SECTION 6: ELEVATIONS. EACH LOT OWNER IS REQUIRED TO VERIFY AND ABIDE BY THE DWELLING FOUNDATION ELEVATIONS AS DETERMINED BY THE TOWN OF GRAND CHUTE.

SECTION 7: LANDSCAPING; SIDEWALK; DRIVEWAYS; TREES.

A) WITHIN 12 MONTHS OF THE BEGINNING OF CONSTRUCTION OF A RESIDENCE, THE LOT OWNER SHALL GRADE AND EITHER SEED OR SOD THAT PORTION OF THE LOT NOT USED FOR BUILDINGS, PAVED ENTRANCES, OR ATTRACTIVE LANDSCAPING. WITHIN THE SAME 12 MONTH PERIOD, OWNER IS ALSO REQUIRED TO PLANT ONE TREE (1 ½” TO 2” IN DIAMETER) IN THE FRONT YARD SETBACK.
B) DRIVEWAYS SHALL BE OF CONCRETE , ASPHALT, OR BRICK PAVERS AND BE COMPLETED WITHIN 12 MONTHS AFTER BEGINNING CONSTRUCTION.

SECTION 8: REMOVAL OF DIRT. SO LONG AS DEVELOPER OWNS ANY LOT, DEVELOPER RESERVES THE RIGHT TO DIRECT THE DISPOSITION OF ANY DIRT WHICH IS TO BE REMOVED FROM ANY LOT AT BUYER’S COST. HOWEVER, SUCH DISPOSITION AS DIRECTED BY DEVELOPER SHALL BE WITHIN A ONE-MILE RADIUS OF THE LOT.

SECTION 9: CONSTRUCTION COMPLETION – OCCUPANCY.

A) CONSTRUCTION OF ALL BUILDING STRUCTURES SHALL BE COMPLETED WITHIN 12 MONTHS AFTER THE BEGINNING OF CONSTRUCTION AND EVERY STRUCTURE MUST HAVE A PERMANENT FINISH ON THE EXTERIOR WITHIN 6 MONTHS AFTER START OF CONSTRUCTION.

SECTION 10: ENFORCEMENT OF ARTICLE III. UPON AN OWNER’S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE III, DEVELOPER MAY TAKE SUCH ACTIONS AS NECESSARY TO COMPLY THERE WITH, AND THE OWNER SHALL IMMEDIATELY, UPON DEMAND, REIMBURSE DEVELOPER OR OTHER PERFORMING PARTY FOR ALL EXPENSES INCURRED IN SO DOING, TOGETHER WITH ALLOWABLE STATUTORY INTEREST AND DEVELOPER SHALL HAVE A LIEN ON THAT LOT AND THE IMPROVEMENTS THEREON TO SECURE THE REPAYMENT OF SUCH AMOUNTS. SUCH LIEN MAY BE ENFORCED BY FORECLOSURE AGAINST THAT LOT AND THE IMPROVEMENTS THEREON, BUT SUCH LIEN SHALL BE SUBORDINATE TO ANY FIRST MORTGAGE THEREON.

ARTICLE IV- PROPERTY OWNERS ASSOCIATION.

ALL LOT OWNERS ARE REQUIRED TO BE MEMBERS OF THE PROPERTY OWNERS ASSOCIATION TO BE KNOWN AS FIRST ADDITION TO STARVIEW HEIGHTS PROPERTY OWNERS ASSOCIATION. THIS ASSOCIATION WILL CONSIST OF A NON-STOCK AND NON-PROFIT CORPORATION ORGANIZED AND EXISTING PURSUANT TO CHAPTER 181 OF THE WISCONSIN STATUTES. THE CORPORATE NAME SHALL BE FIRST ADDITION TO STARVIEW HEIGHTS PROPERTY OWNERS ASSOCIATION, INC., HEREIN CALLED THE “ASSOCIATION” WHICH SHALL BE RESPONSIBLE FOR MAINTAINING DRAINAGE WAYS AND ASSOCIATED STRUCTURES, DETENTION ROADS, WATERFALLS, OUTLOTS AND DECORATIVE LIGHTING, IF ANY IN THE SUBDIVISION. EACH LOT OWNER SHALL ABIDE BY AND BE SUBJECT TO ALL OF THE TERMS OF THIS DECLARATION AND ALSO THE BY-LAWS, RULES AND REGULATIONS OF THE ASSOCIATION. THE ASSOCIATION MAY OBTAIN AND PAY FOR THE SERVICES OF ANY PERSON OR ENTITY TO MANAGE ALL OR PART OF ITS AFFAIRS AND PERFORM ANY OTHER REASONABLE OR NECESSARY SERVICE THAT THE ASSOCIATION MAY DETERMINE TO BE FOR THE GOOD OF ITS MEMBERS.

THE ASSOCIATION SHALL HAVE ONE (1) CLASS OF VOTING MEMBERSHIP. ALL LOT OWNERS SHALL BE MEMBERS OF THE ASSOCIATION AND SHALL HAVE ONE (1) VOTE FOR EACH LOT OWNED. SHOULD THE LOT BE OWNED BY MORE THAN ONE (1) PERSON, THE OWNERS THEREOF ARE ENTITLED COLLECTIVELY TO ONLY ONE (1) VOTE.

UNTIL SUCH TIME AS IT’S REGISTERED AGENT FOR SERVICE OF PROCESS SHALL BE DESIGNATED BY THE BOARD OF DIRECTORS SUCH AGENT SHALL BE GARY S. EVERS, 715 S. RAILROAD STREET, KIMBERLY, WISCONSIN 54136. CHANGE OF THE AGENT AND OFFICE FOR SERVICE OF PROCESS MAY BE ACCOMPLISHED BY RESOLUTION OF THE BOARD OF DIRECTORS AND UPON FILING THE NAME AND ADDRESS OF SAID RESIDENT AGENT AND REGISTERED OFFICE WITH THE DEPARTMENT OF FINANCIAL INSTITUTION FOR THE STATE OF WISCONSIN.

ARTICLE V- GENERAL PROVISIONS.

SECTION 1: OUTAGAMIE COUNTY DRAINAGE.

A) MAINTENANCE OF ALL DRAINAGE WAYS AND ASSOCIATED STRUCTURES WITHIN THE SUBDIVISION OR SERVING THE SUBDIVISION IS THE SOLE RESPONSIBILITY OF THE PROPERTY OWNERS OF THE SUBDIVISION, UNLESS NOTED OTHERWISE.
B) UPON FAILURE OF THE PROPERTY OWNERS TO PERFORM MAINTENANCE OF THE DRAINAGE WAYS AND ASSOCIATED STRUCTURES, THE COUNTY AND/OR TOWNSHIP RETAINS THE RIGHT TO PEFORM MAINTENANCE AND/OR REPAIRS. THE PAYMENT OF SAID MAINTENANCE AND/OR REPAIRS SHALL BE EQUALLY ASSESSED AMONG THE PROPERTY OWNERS OF THE SUBDIVISION UNLESS SPECIFIED OTHERWISE.

SECTION 2: 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 BY WAY OF EXAMPLE ONLY. AFFIRMATIVE OR RESTRICTIVE INJUNCTIONS. IN THE EVENT OF LITIGATION TO ENFORCE THESE CONDITIONS, COVENANTS, AND RESTRICTIONS, THE NON-PERFORMING PARTY OF THE PARTY VIOLATING ANY OF THE CONDITIONS, COVENANTS, AND RESTRICTIONS SHALL REIMBURSE THE DEVELOPER AND/OR OWNERS FOR ALL OUT-OF-POCKET EXPENSES (INCLUDING ACTUAL ATTORNEYS FEES AND COURT COSTS) INCURRED IN SUCCESSFULLY ENFORCING THESE CONDITIONS, COVENANTS, AND RESTRICTIONS. FAILURE OF ANY OWNER OR DEVELOPER TO DEMAND OR INSIST UPON OBSERVANCE OF ANY OF THESE RESTRICTIONS, OR TO PROCEED FOR RESTRAINT OF VIOLATIONS, SHALL NOT BE DEEMED A WAIVER OF THE VIOLATION OF THE RIGHT TO SEEK ENFORCEMENT OF THESE RESTRICTIONS.

SECTION 3: SEVERABILITY. INVALIDATION OF ANY ONE OF THESE COVENANTS BY JUDGEMENT OR COURT ORDER SHALL IN NO WAY AFFECT ANY OF THE OTHER PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.

SECTION 4: RESTRICTIONS RUN WITH THE LAND. UNLESS CANCELLED, ALTERED OR AMENDED UNDER THE PROVISIONS OF THIS PARAGRAPH, THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON ALL PARTIES CLAIMING UNDER THEM FOR A PERIOD OF TWENTY YEARS FROM THE DATE THIS DOCUMENT IS RECORDED, AFTER WHICH TIME THEY SHALL BE EXTENDED AUTOMATICALLY FOR SUCCESSIVE PERIODS OF TEN YEARS. UNLESS AN INSTRUMENT SIGNED BY A MAJORITY OF THE THEN OWNERS OF THE FRONT FOOTAGE OF ALL LOTS SUBJECT TO THESE RESTRICTIONS BEEN RECORDED AGREEING TO CHANGE THESE RESTRICTIONS AND COVENANTS IN WHOLE OR IN PART. THESE RESTRICTIONS MAY BE CANCELED, ALTERED, OR AMENDED AT ANY TIME BY A WRITTEN INSTRUMENT SIGNED BY THE OWNERS OF THE LOTS WITH 75 PERCENT OF THE VOTES IN THE SUBDIVISION AND RECORDED IN THE OFFICE OF THE CLERK OF OUTAGAMIE COUNTY, WISCONSIN, PROVIDED, HOWEVER, THAT SUCH AMENDMENT, ETC., TO BE EFFECTIVE , SHALL REQUIRE THE WRITTEN APPROVAL, IN RECORDABLE FORM, OF THE DEVELOPER SO LONG AS DEVELOPER OWNS AT LEAST 10% OF THE LOTS. THE DEVELOPER:

A) MAY ADD CONTINGUOUS PLATTED REAL ESTATE TO THE CONDITIONS, COVENANTS, AND RESTRICTION HEREOF, AND;
B) MAY AMEND THE SAME WITH NOTICE TO THE ADDRESS OF ALL KNOWN OWNERS. IF THE OWNERS OF NOT MORE THAN 50% OF THE LOTS OBJECT TO THE AMENDMENT IN WRITING TO THE DEVELOPER AND/OR THE ARCHITECTURAL REVIEW COMMITTEE WITHIN 15 DAYS FROM THE DATE NOTICE IS GIVEN BY THE DEVELOPER. WHEN LOTS ARE ADDED, THE ADDITIONAL ADDED LOTS ARE TO BE INCLUDED IN THE COMPUTATION OF ALL PERCENTAGES FROM THE DATE OF SUCH ADDITION.

SECTION 5: VOTING. WHENEVER OWNERS HAVE A RIGHT TO VOTE, THE OWNERS SHALL HAVE SUCH A RIGHT PROPORTIONAL TO THE NUMBER OF OR FRACTION OF LOT(S) THEY OWN. DEVELOPER FOR ALL PURPOSES OF THIS DECLARATION IS CONSIDERED AN OWNER.

SECTION 6: RECEIPT OF COVENANTS, CONDITIONS, AND RESTRICTIONS. INDIVIDUAL LOT OWNER ACKNOWLEDGES RECEIPT OF THESE COVENANTS, CONDITIONS, AND RESTRICTIONS BY RECORDING TITLE TO RESPECTIVE LOT WITHIN THE FIRST ADDITIION TO STARVIEW HEIGHTS SUBDIVISION.

THESE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ARE EXECTUED BY C & G DEVELOPMENTS INC., THE OWNER OF FIRST ADDITIION TO STARVIEW HEIGHTS SUBDIVISION.