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CCR1987159COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #159-87 APPROVAL OF CERTIFIED SURVEY MAP City-Owned Lots on Fairfield WHEREAS, a certified survey map has been submitted to finalize a two parcel division of the City-owned property on Fairfield Dr. in the SW 114 of Section 12, and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, Deed Restrictions on these lots have been recommended for approval by the Plan Commission and the Finance Committee, and WHEREAS, the Finance Committee has recommended that the payment of park dedication fees be waived. 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 certified survey map to finalize a two parcel division of the City-owned property on Fairfield Drive in the SW 114 of Section 12, subject to approval by the City Engineer. BE IT FURTHER RESOLVED that the Deed Restrictions are hereby approved, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that payment of the park dedication fees by the City are hereby waived. DATED THIS 2s DAY OF JULY , 1987. a ATTEST : CERTIFIED SURVEY MAP NO - _________ an OF MUSKEGO. WAUKESHA COUNTY. WSIXNSN. PART OF THE NW 1/4 OF THE SW 1/4 OF SEC-12 T 5 N, R 20 E. OR CIlY OF MUSKEG0 LOCATION MAP m 1/4 Q LE. lEb20 0 00 1 20 UNPLAllED LANDS "_""" 0 ,e 0 FOR CITY-OWNED LOTS IN THE C!*! 1/4 SECTION 12 DECLARATION OF RESTRICTIONS AND COVENANTS THIS DECLARATION, made this 1987, by the CITY OF MUSKEG0 (The "Declarant"). day of WITNESSETH: Muskego ("The City"), hereinafter legally described, which has WHEREAS, the Declarant owns the parcels in the City of been recorded as one family residential lots, and Declarant desires to subject these lots to the conditions, restrictions, covenants, reservations and easements hereinafter set forth for the benefit of the two lots and for the benefit .of the owners; property hereinafter described shall be used, held, transferred, covenants, reservations and easements hereinafter set forth, sold and conveyed subject to the conditions, restrictions, which shall insure to the benefit of and pass with said property owner thereof. and shall apply to and bind the successors in interest, and any one person living, sleeping, cooking or eating on premises as a residential development. single housekeeping group. "Lot" shall mean a lot platted for NOW, THEREFORE, Declarant hereby declares that the real DEFINITION OF TERMS. "Family" shall mean one, or more than ARTICLE I estate described as follows: The property subject to this neclaration shall be that real Part of the Northwest 1/11 of the Southwest 1/4 of Section 12, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, Lot 1 - W136 ST513 Fairfield Drive and Lot 2 - W136 ST525 Fairfield Drive ARTICLE I1 Use of Lots and Similar Matters assure that the lots and the adjacent property will become and remain an attractive community; to insure the best use and the most appropriate development and improvement of each building site; to protect owners of building sites against such use of surrounding building sites as will detract from the residential value of their property, to guard against the erection thereon of poorly designed or proportioned structures; to obtain harmonious residential development of said property consistent with the use of material and color schemes; to insure the highest and best purposes for which it is platted; to encourage and secure the 2.1 The general purpose of this Declaration is to help -2- 0 e erection of attractive residential structures thereon, with haphazard and inharmonious improvement of building sites; and to appropriate locations thereof on building sites; to prevent secure and maintain a proper space relationship of structures and lot lines. 2.2 No lot shall be used except for one family, residential purposes. 2.21 Minimum flobr area requirements per unit shall be: One story 1,600 sq. ft. Tun story 1,100 sq. ft. on the first floor Tri-Level 1,400 sq. ft. 1st floor and upper level 2.3 All structures shall be designed by a registered architect, a professional engineer experienced in home design, or e:ually qualified individual or firm. 2.4 No building on any lot shall be permitted to have a roof of color other than black, white, grey, off-white, brown, brown blend, or natural wood. storage of not less than two (2) automobiles for each unit to be built upon that lot, such provisions to consist of a properly surfaced area, and not less than two (2) car or more than a threc properly surfaced with cement or asphalt. The auto storage shall (3) car garage, to be connected to the street by a driveway be located within the building setback lines. 2.5 Provisions shall be made on each lot for the onsite 2.6 Where fill is necessary on a lot to obtain the proper topography and finished ground elevation, it shall be materials that will give off odors of any kind, and all dumping ground fill free from waste material and shall not contain of fill materials shall be leveled immediately after completion of the building. 2.7 All electric and telephone lines shall be placed underground. 2.8 The location of the proper course and method of drainage swales to provide for all surface drainage on each lot shall be approved by the City of Muskego. any Unit, dwelling, or lot, and no activity which is or may become a nuisance or which creates unusually loud sounds or noises shall be suffered or permitted on any lot. 2.9 No noxious odors shall be permitted to escape from 2.10 No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept; provided that they are not kept, bred or maintained for any commercial purpose, or allowed to annoy neighbors. ground for rubbish. Trash, garbage or other waste shall not be 2.11 No lot shall be used or maintained as a dumping kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kpt in a clean and sanitary condition, and suitably screened from view from streets. than ten feet above the highest p,oint in the roofline or any dwelling, no external television antennae or similar devices shall be erected without the prior approval of the City of Muskego. 2.12 Except for rooftop antennae which extend not more 2.13 All swimming pools constructed on individual lots shall conform to the City Zoning Ordinance. ARTICLE 111 Miscellaneous 3.1 This Declaration shall run with the land and shall be binding upon all persons claiming under the Declarant for a period Of twenty-five (25) years from the date this Declaration is recorded. 3.2 This Declaration may be amended at any time and in any respect by the recording of an instrument executed by the lots. Declarant (The City of Muskego), and the owner of one of the two 3.3 Invalidation of any one or more of these covenants by judgement or court order shall in no way affect any of the remain in full force and effect. other provisions, which other provisions shall nevertheless IN WITNESS WHEREOF, the Declarant has executed this instrument on the date first above written. WITNESSES : -4- CITY OF MUSKEG0 Wayne G. Salentine, Mayor Charlotte L. Stewart, Clerk STATE OF WISCONSIN) WAUKESHA COUNTY ) ) 9s. 1987 the above names. Wavne G. Salentine and CharlottevFJart Personally came before me this day of to me known to be the persons who executed the foregoing instrument and uho acknowledged that they executed the same as their own free act and deed and Mayor and Clerk of the City of ' Muskego. t Notary Public, Waukesha Co., WI My Commission expires