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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 jm 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 jm 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. c 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. -. 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. ,. 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 e 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: