CCR1987229COMMON COUNCIL - CITY OF MUSKEG0
(As Amended)
RESOLUTION #229-87
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
GLEN OAKS
WHEREAS, a Final Plat has been submitted for the 6 lot Glen Oaks
Subdivision in the SE 114 of the NW 114 of Section 7, and
WHEREAS, the Preliminary Plat was approved in Resolution 8181-87
on 8/25/87, and
WHEREAS, the Plan Commission has recommended approval, subject to
the concerns of the objecting agencies being resolved, submittal
of a developer's agreement and payment of all necessary fees, and
WHEREAS, the Subdivider's Agreement has been submitted and
recommended for approval by the Finance Committee.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby approve the Final Plat for the 6 lot Glen Oaks
Subdivision, subject to the approval of the City Engineer and all
objecting and approving agencies; and, receipt of payment of park
dedication fees and any and all attorney, engineer, adminis-
trative, etc. fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney and approval of
the City Engineer.
BE IT FURTHER RESOLVED that this approval of the Final Plat and
Subdivider's Agreement is contingent upon the remnant parcel as
to this final plat being subject to a deed restriction requiring
the owner of said property to maintain the drainage ditch
described on the final plat on a permanent basis and this
restriction be to the satisfaction of the Zoning Officer.
DATED THIS 10% DAY OF >,j.l,+,.,, A,.(,,) , 1987.
/
ATTEST :
Ald. Mitchel Penovich
City Clerk
11 187
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #229-87
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
GLEN OAKS
WHEREAS, a Final Plat has been submitted for the 6 lot Glen Oaks
Subdivision in the SE 114 of the NW 1 /4 of Section 7, and
WHEREAS, the Preliminary Plat was approved in Resolution #181-87
on 8/25/87, and
WHEREAS, the Plan Commission has recommended approval, subject to
of a developer's agreement and payment of all necessary fees, and
the concerns of the objecting agencies being resolved, submittal
WHEREAS, the Subdivider's Agreement has been submitted and
recommended for approval by the Finance Committee.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
Subdivision, subject to the approval of the City Engineer and all
does hereby approve the Final Plat for the 6 lot Glen Oaks
objecting and approving agencies; and, receipt of payment of park
dedication fees and any and all attorney, engineer, adminis-
trative, etc. fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney and approval of
the City Engineer.
DATED THIS DAY OF , 1987.
Ald. Mitchel Penovich
ATTEST:
City Clerk
11 187
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SUBDIVIDER'S AGREEMENT
This agreement, made this 16th day of November, 1987 by and between
blichael R. McClurg, the "Developer", and the CITY OF MUSKEGO, a municipal
corporation of the State of Wisconsin, located in Waukesha County,
herinafter called the "City".
,
WITNESSETH
>. WHEREAS, Developer has submitted for approval by the City a proposed
final plat for Glen Oaks Estates, a residential subdivision, a copy of
which is attached hereto, made a part hereof and niarked Exhibit "A" (the
"Subdivision"); and
WHEREAS, Section 236.13 cf the Wisconsin Statutes provides that as a
condition of plat approval, the governins body of the City may require
that the Developer make and install certain public improvements reasonably
necessary for the Subdivision and further, may require dedication of
public streets, or other ways within the Subdivision, to be conditioned
upon the construction of said improvements according to n;unicipal
specifications without cost to said municipality; and
WHEREAS, the City's Engineers have duly approved the Developer's
plans and specifications for Subdivision improvernent and the Common
Ccuncil has duly approved and authorized the terms and provisions of this
agreement and approved the final plat of GLEN OAKS ESTATES.
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Page 2
NOW, THEREFORE, in considerhtion of the covenants herein contained,
ths parties hereto agree as follows:
SECTION I. IMPROVEMENTS:
The Developer, entirely at its expense, shall:
A. Roads, streets and surface water drainage:
1. Grade and improve all roads and streets in accordance with the
plat of said Subdivision, all in accordance with the City's street a specificatiocs and construct, instill, furnish and provide adequate
facilities as approved by the City Engineer and Public Works Committee for
storm and surface water drainage throughout the entire subdivision, in
acccrdance with the plans aKd specifications attached hereto, made a part
hereof and marked Exhibit "ti".
2. The City shall furnish to the Developer such permits or easemects
as may be required in any public street or property to enter upon and
iwtall the above described roads, streets and surface water drainage
system.
6. Landscaping:
1. Preserve existing trees, wherever possible, in the construction
of Subdivision improvements.
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Page 3
2. Remove and lawfully dispose of all old barns, outbuildings,
destroyed trees, brush, tree trunks, shrubs and other similar natural
growth and all rubbish.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be completed by
the Developer in total within twelve (12) months of the date of this
agreement or recording of the final plat, whichever date comes first.
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement, Developer
shall, without charge to the City, upon completion of the above described
improvements, unconditionally give, grant, convey and fully dedicate the
roads, streets and surface water drainage facilities to the City, its
successors and assigns, forever, free and clear of all eccumbrances
whatever, together with and including, without limitatior! hecause of
enumeration, any and all land, conduits, pipes, appurtenances and
hereditaments which may in any way be a part of or pertain to such
improvements and together with any and all necessary easements for access
thereto.
” SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developer shall pay and reimburse the City all fees as required
and at the times specified irs Section 10 of its Land Division Ordinance.
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Developer shall :
A. Easements: Provide any easements on Developer's land deemed
necessary by the City Engineers before the final plat is signed, provided
such easements are so located as not to render any lot unbuildable or
unsaleable.
E. Street Signs: Reimburse the City for the cost of all street
signs and posts and the cost of their installation, this to include all
a traffic signs.
Manner of Performance: - Cause all construction called for by this
agreement to be carried out and performed in a good and workmanlike
manner.
Surrey Konuments: Properly place and install any survey or other
monuments required by statute or ordinance.
E. Deed Restrictions: Execute and record deed restrictions in the
form attached hereto, made a part hereof and marked Exhibit "C".
F. Grades: Furnish to the Building Inspector of the City a copy of
Exhibit "A" showing the street grade in front of each lot and the yard
grade.
Page 5
SECTION VI. GUARANTEES:
The Developer shall guarantee the surface water drainage improvements
and other improvements described in Section I, items A and B hereof,
against defects due to faulty materials or workmanship provided that such
defects appear within a period of one (1) year from the date of dedication
and acceptance. The Developer shall pay for any damages to City property
resulting from such faulty materials or workmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions of this agreement or documents incorporated herein by
reference, Developer shall indemnify and save harmless the City, its
officers, agents and employees, and shall defend the same from and against
any and all liability, claims, loss damages, interest actions, suits,
judgments, costs, expenses, attorney's fees, and the like to whomsoever
owed and by wholnsoever and whenever brought or obtained, which may in any
manner result from or arise in the course of, out of, or as result of the
Developer's negligent constructiori or operation of improvements covered
thereby, or its violation of any law or ordinance, the infringement by it
of any patent, trademark, trade name or copyright, and its use of road
improvements prior to their formal dedication and acceptance to the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer agrees that in addition to the City's rights herein,
the provisions of this agreement shall be fc;r the benefit of the purchaser
of any lot or any interest in my lot or parcel of land iri the
Subdivision.
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Page 6
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developer shall have completed the improvements
herein required, ana shall dedicate the same to the City as set forth
herin, the same shall be zccepted by the City if said improvements have
been completed as required by this agreement and as required by applicable
City ordinances and other applicable law and approved by the City
Engineers.
SECTION X. CONSTRUCTION PERMITS, ETC.
0 1. The City shall, within its authority, issue such permits, adopt
such resolutions, and execute such documents as may be necessary to permit
Developer to construct the improvements in accordance with plans and
specifications called for by this agreement, upon Developer's compliance
with any deposit provisions or other requirements of the applicztle
Ordinances or regulations; and the City shall cooperate with Developer in
obtaining similar permits, resolutiohs and documents as may be rlecessary
from other authorities having jurisdiction in the premises.
2. The City shall, as a condition of the Developer executing this
agreement, make available to the Developer (ir its nominee, successGrs or
grantees, building permits for the construction cf three single family
residences subject to the provisions of Section XI.
Page 7
SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The Developer or its successors, grantees or nominee shall be allowed
to construct no more than three (3) homes prior to completing the first
lift of asphalt on the road. It is expressly understood and agreed that no
occupancy permits shall be issued either for the said three homes, or any
other homes, until the City's Engineers have determined that:
A. The sewer facilities required to serve such homes are connected
with private sewerage disposal systems as required herein, ana
6. That the City's Engineers have approved the cotidition of the
roads then existing to serve such homes as sufficient to service the
traffic reasonably anticipated during the period prior to the date when
the roads must be completed and dedicated.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's orditiances are incorporated herein
by reference, and all such provisions shall bind the parties hereto and be
a part of this agreement as fully 6s if set forth at length herein. This
agreement and all work and improvements required hereunder shall be
performed and carried out in strict accordance with ana subject to the
e provisions of said ordinances.
Page 8
SECTION XIII. FINANCIAL GUARANTEE:
Prior to execution of this contract by the City, the Developer shall
file with the City a letter of credit setting forth terms and conditions
approved by the City Attorney in the amount of $73,306. as a guarantee
that the required improvements will be completed by the Developer and his
subcontractors no later than (1) year from the date of the recording of
the final plat or the date of the agreement, whichever date comes first,
and as a further guarantee that all obligations to the subcontractors for
work on the development are satisfied.
Page 9
SECTION XIV. PARTIES BOUND:
Developer or its assignees shall be bound by the terms of this
agreement or any part herein as it applies to any phase of the development
of the Subdivision.
IN WITNESS WHEREOF, Developer and City have caused this agreement to
be signed by their appropriate officers and their seals to be hereunto
affixed in duplicate original counterparts on the day and year first
written above.
DEVELOPER
Michael R. McClurg
CITY OF MUSKEG0
By :
Wayne G. Salentine, Mayor
By :
Charlotte L. Stewart, Clerk
‘ERRA R-”e”/”/dL J”&w /+30/fW Land Surveys
TECHnology F-9 GK. Construction Layout
&mf. Land Data Information
Slte Development Planning e
October 29, 1987
Mr. Mike McClurg
Krones, Inc.
9600 S. 56th Street
Franklin, WI 53132-0100
RE: GLEN OAKS ESTATES
Dear Mr. McClurg:
This letter is in regards to the public improvement costs for Glen Oaks
Estates. The following estimates are not from actual bids but are based
upon the use of normal estimating standards available to a consultant.
1. Street Construction - 1050.90 feet of lineal street
with City of Muskego standard rural type street sections,
crossing culverts, top soil, seeding and mulch within road
right-of-way: $ 51,800.00
pavement applied in three lifts:
2. Street Surfacing - 24-foot wide, 5-1/2-inch bituminous
13,600.00
3. Street Lighting and Signs - street light and sign at
the intersection of Anne’s Way and Field Drive: 800.00
4. Drainage Ditching - 580-feet of drainage ditch with
concrete invert, 575-feet of ditching with 6-foot bottom and
3-to-1 side slopes: 8 100.00
Total Public Improvement costs: $ 73,300.00
quantities, please feel free to contact me at your earliest convenience.
If you should need any additional infomtipn regarding estimates or
909 Blackstone Avenue Waukesha. WI 53186 (414) 549-1111
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DRAFT Marine Bank West
IRREVOCABLE STANDBY DOCUMENTARY CREDIT
CREDIT NO: To be assigned
DATE November 16, 1987
APPLICANT:
BENEFICIARY: City of Muskego
8200 S. Racine Avenue February 1.6, 1989
Muskego, Wisconsin 53150
A 0 .
Dear Sirs: r\
We hereby issue this yhr favor, City of Muskegc
which is available by drawn on Marine Bank West.
Each draft Marine Bank West's
Documentary Credit No.
This Standby to che Ciiy of Muskego for the perfor-
mance of under chat certain Agreement dated
and applicant.
DRAFTS ARE TO BE ACCOMPANIES BY:
City of Muskego stating that Michael R. McClurg
n of public improvements in accordance with
said Agreement. set forth che estimated amount necessary for
the City of Mus omplete such improvements.
nate on the &hday of Feb , 19sp provided.
ritten notice to the beneficiary of its
edit at least 90 days prior to said 1&?~
e this letter of credit can only terminate
CONTIXUED ON PAGE (2) WHICH IS AN [NTECRAL PART OF THIS STANDBY CREDIT
Dated November 16, 1987 Page 2, An Integral Part of Standby Credit No.
It is hereby agreed by all parties hereto that the reference to "Agreement" is
any manner to require Marine Bank West. to inquire obligations.
foe identification purposes only and such reference
We engage with you that drafts drawn under and in
this credit will be duly honored if presented on
original Standby Credit must be submitted to us
for our endorsement of any payments effected by
It is hereby agreed by all Parties hereto that the amount shall be
reduced as the public improvements are completed City of Yuskego.
Very truly yours,
I'
DECLARATION OF RESTRICTIONS
FOR
"GLEN OAKS ESTATES"
A SUBDIVISION IN THE CITY OF MUSKEG0
WAUKESHA COUNTY, WISCONSIN
KKOWN TO ALL MEE: BY THESE PRESENTS,
that the urdersigned Archetectural Control Ccmittee for the propertj
knGwn as:
GLEN OAKS ESTATES SUbGIVISION LEGALLY DESCkIBEE AS:
Part of the Scutheast lj4 cf the Southwest 1/4 of Section
7, Town 5 Forth, Range 20 East, City of k!uslr.qo, Waukesha
County, biiscorlsiI1, bounded anti aescrikd as follows:
Section; thence South 00 43'32" Ehst along the East line of
Comnence at the ticrtheast ccrtxr of saiti tiorthwest 1/4
said Northwest 1/4 Secticn, 1881.X feet to the point of
beginnirlg; thence continue South CG 43'32" East alcng said Etst line, 800.C4 feet to the Southeast corner of seid Northwest 1j4
Sectifin; thence South 86 55'15" kest along the South line ot
said Ncrthwest 1/4 Section, 795.95 feet; thence North CC 1'3'45"
lest, 1288.S.G feet; tlierce South e7 34'45" East, 477.68 feet;
thence South 15 47'26" West. 163.17 feet; thence South 75
curve hliose center lies to the East, said curve havins i radius 12'32" East, 66.CP feet; thebce i73.50 feet c;n an arc of 6
cf 536.23 feet, chord beLrir,g South C6 21'58" ktst, 172.54 feet;
thence South 02 43'32" East, 94.48 feet; ther!ce Korth 87 16'28"
East, 311.23 feet tc; ttie point of beginnin!. Ccntainirls 19.588
acres.
intending to establish a general pian for the use, occupirlcy and enjoyn,ent of said subdivisiort Gces hereby declare that 611 lots therein
shall be subject to the follcwing restrictions, which shell rentdin in
fcrce fGr a period of 50 years from the date c;f the recording hereof.
1. Leneral Purposes: The purpose of this Declaraticn is to insure
builtiing site thereof; to preserve, as far as is prscticable, the natural the best USE br~d most appropriate developr,er,t and improvement of each
beaut) ci said property; to encouragE ~ECI secure the erectiorl Gf
attractike homes thereon with approprihte locations thereof on building
site; tc preverit kephazard and inharn,or,i@vs improvement of buildin;
sites; to secure ar,d maintain proper setbacks from strtet and sdequately
provide for a high type and quality of improvenlent in said property arid
thereby to preserve and enhance the vblues of in\etnar,ts mae by purchasers of building sires therein.
,c
2. No lot shall be used for other than single faixily residential
purposes, i.e., the conduct of any and all business shall be prohibited.
A11 structures shall Le designed by a registered architect or professional
engineer or designer erperienced in residential designs. The exterior of
all structures shall te of frame, brick, stone or other material approved
materials. As a general rule, non-natural siding materizls (aluminum,
by the cormittee. All chimneys shall be constructed of masorary or stone
vinyl, etc.) shall not be permitted. This shall also apply to buildings
of salt-box design. If a building has brick or stone veneer from grade to
materials (aluminum, vinyl, etc.) ray be used above the veneer in all
the secord story arour.6 the entire building, siding of nort-natural
elevations. Special cases c.f limited application may be ccxsidered by the
Committee whose decision is final.
subdivisicc without apprcval of the Plan Commission of the City of
3. There shall be no future division or subdivision of lots in this
Muskego.
one-half (2 lj2) stories in height. ltle living area within the perimeter KG tiwellino, Garage or auxiliary building shall exceed two and
of the building, erclusive of pCrGheS, garages, bays. patios, breezeways ?Ed similar addition, shall nct be less than the following schedule:
a. Kot less than I&@@ square feet in the case of a one story
dwelling.
b. Not less than 1500 square feet cn the first floor and 22G@ ware
feet tct.21 in the c6se of 2 dwel1ir.g of one and we-half (1 IK)
stories.
c. Kot less thzn 22OC square feet total in tt!E case of a dv!e11ing
heving twu (2) stcries ard the floor area of the first floor shall
not be less that 1100 square feet.
(1. Split level dwellincs shall have a oininium of 165'3 square feet,
on the upper two levels.
discretion, shall determine what consitutes a two-stcry or a one and
For purposes of calculating total area, the comittee, in its sole
GKe-half story dwellikg.
lot ar.d no living quarters of temporary cbsracter st1611 be permitted at
5. No structure or outbuilding of any kino: shall be permittec cn any
arly time. Except thht the comittee authorize r8ct more than one
bdditional cutbuilding Gn each lot. It being the irltentior: that only
permanent private dwel!irhgs with garages shali be permitted. All gzrages
st1611 he attached to ths dwelling either forming an irttegral part with the
&elling home or by connection porches. kli garages shall be built at the
a minimum of 2 c2rs. No boat, trailer, trucks, vans, mobile honies, and
same tine as the private dweiling and shall be large enash to accommodate
motor hcmes may be parked on the Fremises outside of the Sarage, unless it
iz 5creened f1-m view, other than for the tielivery of materials cr
merchandise, at?d except til;ring the constrhction tir remodeling periods.
e
Poge 3
@ rubbish of any character whatsoever, nor for the storage of any property
6. No lot shall te used in whole or in part for the storage of
or thing that will cause such lot tu appear in an unclean or untidy
cmdition or that will be obnoxious to the eye; ncr shall any substance,
thing, or material be kept upon any lot that will omit foul or obnoxious
quiet, comfort or serenity of the occupants of surroundins property.
odor; or that will cause any noise that will or migt,t disturb the peace,
7. All gas, electric, cable and telephme lines shall be placed
underground.
8. No extwnal television antennae, solar heat collectcrs, or
similar devices shall be erected without the prior approval of the
Conunittee. No satellite oishes shall be perwitted except as they are
screened from view arid are subject to approvcl by the Architectural
Control Committee.
9. No zrtirals, livestock or poultry of ony kind shall be kept, bred
cr maintained on any lot for any corrmrcial purposes. Ridins hcrses are
allowed, prcvidea they are not kept, brea or maintained for any commercial purpcses. Horses Flay be kept in zccordance with the fcllowing
restrictions;
a. Horses may be kept so lops as they do nct become a sctirce of
armicnce to neishtors or ccmtitute a hezlth or safety hazard in the
cornrurity. It being the interdion that hcrses be keFt for the
Enjoyment 6rd pleasure of the conrnlur,ity. They should enhatice the natural, relaxed an;bience implied in the Rural Country Esthtes
zoning. The stated ititertt bere is tkt the kEeping of horses is a
priveledse sranted so lon5 as these criteria are r:ei.
b. The nmter of hcrses shall be linliteo tc the zonincj ccle of the
city cf Fhskqo, Chapter 17, :kction E, perayaph Sb to 110 rnore than
1 horse per 40,000 square feet cn a lot of more than 1ZG.COO square
feet.
c. The exterior architectural treztment of stsbles for the ixusiltg
of horses sh;ll be stibject to apprc~vai by the comittee. As i
gew-a1 rule the color and strle should match thbt cf the main
dwelling. Pole barns are acceptable in sutea nature1 colors. The
Kith the main dwelling.
intent is that an authorized awillary building blend harmonicuslj
d. Paatiocks 2nd fences, ior the purpose of containing hcrses, shzll
be constructed only irr the style of Kentuckq horse farms. That beir:g
three (3) white horizontal slLts attiched to white vertical pcsts
spaced oi frcm eight (8) to twelke (12) feet. Pddocks shsll be kept
and maintaicec in a clean 2r.d orderly mi:lirl.kr thht echr?ces the vi;:ue
of the property in the subdivision.
10. The clevslcper cr committ.et n;by establish firlistled yard grbces.
Page 4
owners of the lots in the Subdivisicn, no building, fence, sign, wall,
11. In order to maintain harmony in appearance and to protect the
swimming pccl or other structure shall be erected, constructed or
nlaintained upon any lot nor shill any change or alteration be'made theron
unless the complete plans arid specifications thereof, a plot plan showing
the exact location of such building, garage, fence, wall, or other
structure, the elevation thereof and the grade of the lot and a sketch or
view of such building or structure or changes, shall have been submitted
to and approved in writing by a committee cf 3 members designated and
appointed by the undersigned or its successors ar,d assigns as herein
provided, said Committee being herein referred to as the "Committee".
The decision of the Cmnittee with respect to trly such matter shall be
filial and binding upon all phrties. The Committee shall htve the right tc
refuse to apprcve any such plan or specificatim which in the conclusive
jlrdgenlent of a majority of its members are nct ir. conforr,ity with these
restrictions cr are not desirable for aesthetic cr any other reasons. In
passing upon such plsns arid specifications the Committee say take intc
consiieration the suitability of the proposed bui1dir.g cr other structure,
on the propcsed site; the harmony thereof with the surrounding buildings,
its design, elevition 2nd the materials Gf which it is to be constructed
and the vier! from the adjacent property. All Gecisions of the Committee
on said matters shall be final. The Committee shall have the riaht to
waive, in writing, minor infractions or deviaticns from these restricticm
in cases of hzrdship.
12. The original Conmittee shall be ccrr,posed cf Nichael R. KcCiurg,
Ccnald C. Ckput and kobert k!. Stack. The decisicn of zny 2 of these
nlentbers will he final ibd binding upn all parties. lveither the members
of the Committee rlor its designated representative shall be entitled to
compensztion fcr services perfcrmed purscal. to this covenant. In the
event of the death or resipation or refusal to act of any of the members
~i the Cormittee while hny unimprcved lot remairls unsold by the Seller or
its sbccessor assisnee, theri their respective succts:or to the Cormittee
shall be appcinted in writing by the undersigned fir its succeswr is
cssignee. k'hen all the unimproved lots in the Subaikision have been sola
by the undersigned. cr its successor or assisrhee, the Committee shzll
thereafter ccrisist of 3 persons, who shall be eiected by a majority of the
owners cf the improved lots ir, the Subdivisim.
completed within one year after the completion cf the residence. Said
13. Lawiscape Arrt,itectural ContrGl: All lprldscaping must be
landscaping nust irlc?r;de a hard surfaced drive. parkifig stand or turnabout
ccrssistins of concrete cr asphalt cr similar Faterial. This hard surfxe
drive shall be required only from the road tc the main dwelling. ho
asphalt cr similar material must be installed as required. perrrinent gravel drive wili Le permitted. The hard surface with concrete,
Driveways erasing rczd drainage shsll include rasonry or Ltone end
caps to prevent ercsion and add to the finisheci aesthetic appeal of the
clriveway. All seebed draiczce will be rmirttained ard wowed by the Owner
of the ahttiry premises.
Page 5
vision corner on the West side of Annes Way shall be mailitained and mowed
The Glen Oaks Estates entry way plantings and seeded areas in the
by the owner of LGt 3. The East side plantings and seeded area in the
vision corner shall be maintained and mowed by the owner of Lot 2. The
responsibility for continued maintenance rests Kith the above property
owners. shculd it beccse necessary for the City of Muskego to KOW the
grass or maintain the shrubs, any costs for such mairrtenance will be
charged to the responsible 6buttin~ property owner in the form of a
special arsessment on their tar bills.
14. Any violation cf these restrictions which shall exist for a
the owner of the lot involved shall not be considered a violation period of one (1) year withcut a written protest thereof being received by
thereafter. Tkse restrictions may be changed, modified an6 aaended by
the Ccmittee with the consent ci 60% of the ohfners of the lots in the
Subdivision. Each lot in the Subdivision shall be entitled to one (1)
vote in detenr,ining said consent. Thesc restrictions shall be tieemed and
construed to run with the land anti shall be bindins upon the respective
owners of etch ot said lcts and upon all persons hclding or claiming under
ur through them. Upon the violation of any one or all of these
executors, aamirlistrators or essigns, any member of the Committee shall
restrictions by any owcer or owners of any said 1ct. their heirs,
have the right to proceed at lak or in equity against the person or
perscns violating cIr attemFting to violate any such ccrivenant or
restrictions, end shall be entitled to bcth equitable and legal relief.
Invalidation of any of these cowenants and restrictiws by judgement or
court order shall in no hay affect any cf the other provisions each of
hhich shall be ccrxtruea ant deemed severable ana all cf which are not so
invalidated shall remain in full force awi effect.
IN GiITNESS WHEREOF, we have set our hand and seal this
day of 1987.
GLEti GAKS SUBDIVISICN
ARCHITECTURAL CONTROL CONKITTEE
BY: (SEAL)
Michael R. McClurg
BY: (SEAL
Donald C. Chaput
BY: (SEAL
Robert W. Stack"
STATE OF kISCGKSIN )
COUNTY OF WAUKESHA ) 1 ss
FErsonally came before ne this day of .
i987, the above named Kichael k. Vdlurg. Donald c. Chaput, and
hob& W. Stack, to me known tcj be the persons who executed the
foregoing instrument and ackncwledged the same.
NOTARY PUBLIC, STATE OF hISCOKSIN
My CGmtission expires: This instrument drafted by: