CCR1991010..' _.
0
...
EXHIBIT "1"
LEGAL OF BENEFITTING LAiiDS - PHASE Ilk
Being a part of Outlot 4 of "Lake Forest" being a subdivision of record of that part of the
Southwest U4 and the Southeast U4 of the Southwest U4 of Section S, the Southwest U4
and Southeast U4 of the Southeast U4 of Section S and the Northwest l/4 and Northeast
U4 of the Northeast U4 of Section 17, Town 5 North, Range 20 Enst, in the City of
Muskego, Waukesha County, Wisconsin, including thereto Outlot 1 of CertiJied Survey
Map NO. 2840, being more particularly bounded and described as follows:
Commencing at the Southwest comer of Outlot 4 of said "Lake Forest" said point Wig
the place of beginning of lands hereinafter described:
Running thence North 01" 26' 35" West along the West line of said Outlot 4, 764.83 feet
to a point; Thence North %I' 38' 07" East, 177.63 feet to a point in a curve; Thence
Southeasterly, 15.44 feet along the arc of said curve, whose center lies to the Northeast,
whose radius is 345.00 feet, whose chord bears South 11" 20' 55.5" East, 15.4 feet to a
point of reverse curvature; Thence Southeasterly, 104.61 feet along the arc of said curve,
whose center lies to the Southwest, whose radius is 2470.00 feet, whose chord hears South
11" 25' 03" East, 104.60 feet to a point; Thence North SO' 34' 54" fist, 60.01 feet to a
point in a curve; Thence Southeasterly, 39.11 feet along the arc of said curde, whose center
lies to the Southwest, whose radius is 2530.00 feet and whose chord bears South 09" 44'
3.1" East, 39.11 feet to a point; Thence North SO" 42' 00" East, 145.00 feet to a pins
Thence South 08' 07' 00" East, 110.49 feet to a point; Thence South 05" 45' 00 East,
110.49 feet to a point; Thence South 09" 02' 22" East, 51.68 feet to a point; Thence North
58" 36' 43" East, 325.28 feet to a point; Thence North 81" 30' 00" East, 1S.05 feet to a
point; Thence North 59' 00' 00" fist. 71.07 feet to a point; Thence Yorth 23' 05' 00" East,
70.76 feet to a point; Thence North 07" 43' 25" West, 9530 feet to a point; Thence North
06" 15' 00" West, E034 feet to a point; Thence North 03" 04' 00" West, 27.96 feet to a
point; Thence North 02' 31' 05" West, 114.46 feet to a point; Thence North OS' 41' 52"
East, 111.11 feet to a point; Thence North 13" 05' 00" East, 3.40 feet to a point; Thence
South 82' 40' 00" &st, 137.12 feet to a point; Thence North 57- 56 57" East, 79.06 feet
to a point; Thence South SO' 08' 00 East, 140.00 feet to a point; Thence South 06' 54'
36' West, 95.61 feet to a point; Thence South 03" 37' 1;" West, 60.04 feet to a point;
Thence South 01' 34' 00" West, 108.92 feet to a point; Thence South 07" 18' 11" East,
108.02 feet to a point; Thence South 17' 32' 55" &st, 57.35 feet to a point; Thence South
26" 01' 00" East, 90.53 feet to a point; Thence North &I' 30' 00' West, 55.45 feet to a
point; Thence South 17" 26' 28 West, 177.60 feet to a point; Thence South 50' 06' 29"
West, 84.01 feet to a point: Thence South 35" 09' 11" West, 214.79 feet to a point Thence
South 88' 38' 03" West, 966.60 feet to the point of beginning.
EXHIBIT "1"
@ LEGAL OF BENEFITTING LANDS - PHASE 111:
Being a part of Outlot 4 of "Lake Forest" being a subdivision of record of that part of the
Southwest u4 and the Southeast l/4 of the Southwest U4 of Section 8, the Southwest U4
and Southeast U4 of the Southeast U4 of Section 8 and the Northwest U4 and Northeast
V4 of the Northeast U4 of Section 17, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, including thereto Outlot 1 of Certified Survey
Map No. 2840, being more particularly bounded and described as follows:
Commencing at the Southwest corner of Outlot 4 of said "Lake Forest" said point Wig
the place of beginning of lands hereinafter described:
Running thence North 01' 26' 35" West along the West line of said Outlot 4, 764.83 feet
to a point; Thence North 84" 38' 07" East, 177.63 feet to a point in a curve; Thence
Southeasterly, 15.44 feet along the arc of said curve, whose center lies to the Northeast,
whose radius is 345.00 feet, whose chord bears South 11" 20' 55.5" East, 15.44 feet to a
point of reverse curvaturp, Thence Southeasterly, 104.61 feet along the arc of said curve,
whose center lies to the Southwest, whose radius is 2470.00 feet, whose chord bears South
11" 25' 03 East, 104.60 feet to a point; Thence North 80' 34' 54" East, 60.01 feet to a
point in a curve; Thence Southeasterly, 39.11 feet along the arc of said curve, whose center
lies to the Southwest, whose radius is 2530.00 feet and whose chord bears South 09" 44' e 34" East, 39.11 feet to a point; Thence North SO" 42' 00" East, 145.00 feet to a wine
Thence South 08" 07' 00" East, 110.49 feet to a point; Thence South 05" 45' 00" East,
110.49 feet to a point; Thence South 09" 02' 22 East, 84.68 feet to a point; Thence North
88" 36' 43" East, 325.28 feet to a point; Thence North 81' 30' 00" East, 18.05 feet to a
point; Thence North 59 00' 00" East, 71.07 feet to a point; Thence North 23 05' 00" East,
70.76 feet to a point; Thence Nortb 07' 43' 25" West, 9530 feet to a point; Thence North
06' 15' 00 West, 12034 feet to a point; Thence North 03' 04' 00" West, 27.96 feet to a
point; Thence North 02' 31' 05" West, 114.46 feet to a point; Thence North OS" 41' 52"
East, 111.11 feet to a point; Thence North 13' 05' 00" East, 3.40 feet to a point; Thence
South 82" 40' 00 East, 137.12 feet to a point; Thence North 57" 56' 57" East, 79.06 feet
to a point; Thence South 80" 08' 00" East, 140.00 feet to a point; Thence South 06' 54'
36" West, 95.61 feet to a point; Thence South 03' 37' 17" West, 60.04 feet to a point;
Thence South 01" 34' 00" West, 108.92 feet to a point; Thence South 07" 18' 11" East,
108.02 feet to a point; Thence South 17' 32' 55" East, 57.25 feet to a point; Thence South
26' 01' 00" East, 90.83 feet to a point; Thence North 84' 30' 00" West, 55.45 feet to a
point; Thence South 17' 26' 28" West, 177.60 feet to a point; Thence South 50" 06' 29"
West, 84.01 feet to a point; Thence South 28" 09' 11" West, 214.79 feet to a point; Thence
South 88" 38' 03" West, 966.60 feet to the point of beginning.
W.EExS, the undcrsisnad are all of the ouaers of przoerty desc:ibed below:
SEZ ESAL DSSCRI.?TICN X?ACZED E.ZTO kVD .%WED LYYBIBIT .la
and
wI:S.REAS, the uetersigned accepto;s of this Resclution are
beeofit:eC 5y tfe plznnins including, but not limited to, engieeerins, leqa?, ahinistrative ccsts and casts of review by
the City er.;izea: cf a sewer installation and by the sewer instal?a:icn ir.s:silsd ir: a sazitary sewer easesen: to be
;ravid& by the uzds:sigzed t3 the City, at no CSS~ to the City, a: a tiae, ar.G la a fcrn, ca teras and ccneiticns ac:eptable to
the City cve: a ;crtlcr. 2: the abcve lesa?ly Csscribed property
ac=e?ezble t3 tke City.
yc~, ?>z.=?c.~, $3: va:ua>Le cansitaration ac4zswlrdSed by all
-. 1
2.
I 2.
7. IE chis ResolutLon is not accepted by the property
owners stated below on r'ce date qf passage, it is
null and void.
CXZ2 this tay of - , 199 .
CITY OF .%SKZ:CO
-
Owner
owner
owner
owner
owner
January lol 1991
Honomble Wayne Salentine
Mayor
ClTY OF MUSKEGO
W182 S8200 Rache Avenue
P.O. Bor 903
hfmhp, IYI 53150-0903
RE: Septk Relirf Project
(Lke Forest Ill)
City of Muskego
Drar Mayor Salrthe:
Our Jrm herein pmpusev to supply engineering services to the City of hfuskego for the Jesign,
easemenf hments andfild staking of the sanifaty sewers from the west end of Phme U (in
Sanctuary Drive) to tire west end of the project (oppruimately 2,400 Lineal Feet of sewer), for
the Sum o/:
Thirty-Five Tlruusarrd, The Hundred ($3Sl300.O0) Dollars.
We shall wmplete the Saniluty Sewer Plans fir review by the City Engineer within fom-five (45)
hys aJier our proposal is accepted by tire City. We shall process the plans far appmval by
SJLWJZX.C, the MdUS.D. and he IVI DNR, and WOUW eqwci the WI DNR lo appnwe the
sewer plans within sir (6) weeks a/er our submittal of plans to the Ci!y. We shall fiki stake
"try trre removal and topsoil &ppitq in the area of sewer construction, in addition to the adual
sewer staking.
IVe would aped ta be puid for the plan preparahn, easement3 and appmval work no Mer than
the time dre City receives approval for thr conslrudionhm the WI DNR. Thcficra staking work
slwukl br pad wdhin thirly (30) days of the Ciry'r receipt of our billing for same.
We lrrrein attoch Exlibit "E" which is a Cost Analysis for this sewer design and wmtruciion.
cm OF MUSKEGO
By:
e
0 EXHIBIT "B"
SEPTIC RELIEF PROJECT
CIllm0sh-F-m)
FOR THE
CITY OF MUSKEGO
SuBJErn: corn ANALYSIS
1.
a. ?
3.
4. 8 5.
a
I.
a
0
Clear & Grub Easement Area,"..- $ 5,900.00
Remove & Stockpile Topsoil
Trench Spoil Removal & Disposal
.." 16,500.00
3,200 C.Y. @ Sl.75lC.~-.".-------... .- 5,600.00
1,735 LF.-10" Sanitary Sewer
@$32 .OO~F.....-"~"...
645 &FA" Sanitary Sewer
- "....-. 55,520.00
I3 Standard Manholes
@! $27.OO/LF ".-........~~~."..... ..__. 17,415.00
@ $1,750.00 Each ." ." 22.750.00
SUBTOT~.,,,.-,,,-,,-$123,685.00
11,000 CY. @ $lSO/C.Y." """."""
MJ.hsik & Assnc., Jnc Services:
a. Easement Document, et c.."......-".....-". $ 6,650.00
b. Plan Preparation & Submittal-...."l- ."- 26,650.00
c Stake Sewer __...."....., "......".--..."......... 2,000.00
SUBTOTAL"..-- ~$33,300.00
City Engineer Services:
8. Review Plans __. L
b. Prepare Bid Ducuments...."..--. ."
c Inspect Construction,...., I L
6 Prepare Sewer As-Builts- -"
e. Other Services L
StJBTOTM . ..s
e LEGAL OF BENEFITTING LANDS - PHASE III:
Being a part of Outlot 1 of "hke Forest" being a subdivision of record of that part of the
Southwest 1/4 and the Southeast 1/4 of the Southwest U4 of Section 8, the Southwest l/4
and Southeast 1/4 of the Southeast 1/4 of Section 8 and the Northwest U4 and Northeast
U4 of the Northeast U4 of Section 17, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, including thereto Outlot 1 of Certified Survey
Map No. 2840, being more particularly bounded and described as follows:
Commencing at the Southwest corner of Outlot 4 of said "Lake Forest" said point being
the place of beginning of lands hereinafter described:
Running thence North 01' 26' 35" West along the West line of said Outlot 4, 764.83 feet
tu a point; Thence North %lo 38' 07" East, 177.63 feet to a point in a curve; Thence
Southeasterly, 15.4 I'eet along the arc of said curve, whose center lies to the Northeast,
whose radius is 345.00 feet, whose chord bears South 11' 20' 55.5" East, 15.44 feet to a
point of reverse curvature; Thence Southeasterly, 104.61 feet along the arc of said curve,
whose center lies to the Southwest, whose radius is 2470.00 feet, whose chord bears South
11' 25' 03" East, 104.60 feet to a point; Thence North 80' 34' 54" East, 60.01 feet to a
point io a curve; Thence Southeasterly, 39.11 feet along the arc of said curve, whose center
lies 10 the Southwest, whose radius is 2530.00 feet and whose chord hears South 09" 44'
-34'' Lst, 39.11 feet to a point; Thence North 80' 42' 00" East, 145.00 feet to a point;
Thence South 08" 07' 00 East, 110.49 feet to a point; Thence South 05' 45' 00" East,
1I0.49 feet to a point; Thence South 09' 02' 22" East, 84.68 feet to a point; Thence North
X8' 36' 43" Ehst, 325.28 feet to a point; Thence North 81' 30' 00" East, 18.05 feet to a
point; lhence North 59" 00' 00" East, 71.07 feet tu a point; Thence North 23' 05' 00" East,
70.76 feet to a poinl; Thence North 07' 43' 25" West, 9530 feet to a point; Thence North
06' 15' 00" West, 12034 feet to a point; Thence North 03" 04' 00" West, 27.96 feet to a
poinl; Thence North 02' 31' 05" West, 114.46 feet tu a point; Thence North 08' 41' 52"
East, 111.11 feet to a point; Thence North U' 05' 00" East, 3.40 feet to a point; Thence
South 82' 40' 00" East, 137.12 feet to a point; Thence North 57' 56' 57" East, 79.06 feet
lo a poinl; Thence South 80" 08' 00' East, 140.00 feet to a point; Thence South 06' 54'
36" West, 95.61 feet to a point; Thence South 03" 37' 17" West, 60.04 feet to a point;
Thence South 01' 34' 00" West, 108.92 feet to a point; Thence South 07' 18' 11" East,
108.02 feet to a point; Thence South 17' 32' 55" East, 57.25 feet to a point; Thence South
26' 01' 00" &st, 90.83 feet to a point; Thence North 84' 30' 00" West, 55.45 feet to a
point; Thence South 17' 26' 28' West, 177.60 feet to a point; Thence South 50' 06' 29"
West, 81.01 reet to a point; Thence South 28' 09' 11" West, 214.79 feet to a point; Thence
South S8' 38' 03" West, 966.60 feet to the point of beginning.
8
DECWIRATION OF RESTRICTIONS
FOR
LAKE FOREST SUBDIVISION
KNOW ALL PERSONS BY TEESE PRESENTS; that LAKE FOREST RESIDENTIAL INC.,
Partnership duly organized and existing under and by the virtue of the laws of
the State of Pisconsin, (herein referred to as 'Developer, " which term shall also
include the duly authorized agent of Developer) Developer is the owner of the
premises described as follows (herein referred to as "LAKE FOREST')
LAKE FOREST, being a subdivision of that part of the Southwest 1/4 and the
Southeast 1/4 section of the Southwest 1/4 of Sectlon 8 the Southwest 1/4 sec:ion
dud tJle Southeast 1/4 section of the Southeast 1/4 of Section 8 and the Northwest
1/4 section and the Northeast 1/4 section of the Northeast 1/4 Section 17, Town
5 North, Range 20 East, in the City of Muskego, Waukesha. County, Uisconsin
including thereto Outlot 1 of Certified Survey Map No. 2840.
Developer, intending to establish a general plan for the use, occupancy and
enjoyment of LAKE FOREST does hereby declare that, for the mutual benefit
of present and future owners, LAKE FOREST shall be subject to the followinp
restrictions:
A. BOILDIXG RESTRICTIONS (Lake Forest Single Family Lots)
1. A11 single family lots in LAKE FOREST are restricted to the erection
of one story, story and one-half, two story or split level one family
residence building and attached garage.
2. The minimum size of a one story home shall be 1700 square feet
on the first floor.
3. d story and one-half home shall have a mjnimrrm of 1200 square feet
on the first floor.
4. A two story home shall have a minimum of 1100 square feet on the
first floor with a total of 2200 square feet.
5. A split level or bi-level home shall a minimum of 1800 square feet
01) the Upper two levels.
6. The garage must be attached to the home directly or by breezeway, or
built in the basement of the home and must be constructed with the hone.
The maximum sire of a garage shall be 900 square feet.
7. The house and attached garage must be completed within one year from
the start of construction.
8. Only one residence may be erected on a lot.
9. The minimum setback from any abutting street righr-of-way is 40 ft.
Side yard offsets shall be a minimum of 15 feet. Rear yard setbacks shall
be 40 feet.
10. There shall be no outside storage of boats, trailers, campers, or other
vehicles or items deemed to be unsightly by the Developer.
11. There Shall be no above ground swimming pool in LAKE FOREST
12. All driveways shall be paved within one year of occupancy of the home
in LAKE FOREST.
13. A11 buildimg plans and the e.uterior design of each dwelling unit to
be constructed in LAKE FOREST must be approved b.v Developer in writing
prior to application for a building permit. In addition, basic site
features such as fences, garden structures, satellite dishes, additions
and other temporary or permanent structures or elements contributing sign-
ificantly to the ror.11 environmental effect within LAKE FOREST are subject
to the prior written approval of the Dereloper.
2
0
14. There shall be installed in a location designated bv the Developer
at the time of construction of a residence building on a lot. one outdoor
electric lamppost with photoelectric controls. The design of the lamppost
shall be subject to the approval of the Developer. The lamppost shall be
maintained by the lot owner in a proper operating manner. X th? 1-t
is not maintained, maintenance shall be performed by the LAKE FOREST EOM
OUNER'S ASSOCXATION, created pursuant to Section B, below, and the cost
of such maintenance shall be an assessment against the lot o*ner, payable
within ten (10) days after the date of assessment.
B. OKVERS ASSOCIA TION
e *
1. An unincorporated association (herein referred to as the
"Association") of the omers of lands in LAKE FORESTdnd all futures stages
of development as provided in Section C, below (herein referred to
individually as "Ouner" and collectively as "Owner" and collecfively as
"Owners"!, is hereby created for purpose of managing and controlling
subdivision Common Areas [as defined below) and performing other duties
as set forth herein for the common benefit of the Owners. The owners of
Lots 1 thru 59 in LAKE FOREST Shall have a 1/59th interest in Outlots 2
and 3. In the event the Count>. of k'dukesha becomes an 0k"Rer of any lot
through tax delinquency process, the connty shall not be liabl'e for any
homeowner's fees nor any special assessment against said lots. The
Association shall be known as 'LAKE FOREST HOHEOKNERS ASSOCIATION'.
2. The term "Common Area" shall include the following areas uhich are
generally identified on the attached Eshibit . A", plus any additional
common areas uhich may be added in accordance with Pardgraph b and c below.
Any portion of The Common Area within d public Street right-of-way nay
only be improved:with the consent of the appropriate public authorities.
la1 Outlots 2 and 3 in LAKE FOREST.
(6) A11 landscaped boulevards contained within the dedicated
streets in LAKE FOREST.
3
0 IC) The area of easements over the portions of the adjacent multi-
family development known as OVERLOOK BAY APARTMENTS for the
purpose of removing sediment build-up and maintenance within
Sediment Basin #1 and Sediment Basin #2 as identified on the
attached Exhibit '8". The sediment shall be removed bJ. LAKE
FOREST HOMEOh'NER'S ASSOCIATION when sediment deposits
reach an elevation within 2 feet of the invert elevation of
the riser contained within the respective sediment basin.
3. The Association shall be governed by three-member Committee here-
in-after referred to as the "Committee', which shall be solely responsible for
the activities of the Association. The initial members of the Committee shall
be Robert A. Patch, Uilliam A. Patch and Uilliam K. Carity.
4. To qualify as a member of the Committee, a person most be either an
owner or a duly designated officer or representative of an Owner.
5. So long as fifty percent (50X) or more of the single family lots in
LAKE FOREST are owned by Developer, all three (3) members of the Committee shall
be appointed by Developer. So long as twenty percent (2DX) or more but less the
at fifty 150%) of the single family lots in LAKE FOREST are owned by Developer,
two (2) members of the Committee shall be appointed by Developer and one (1)
member shall be elected as provided herein. So long as five percent (5S) or
more, but less than twenty percent (20%) of the single family lots in LAXE FOREST
are owned by Developer and two (2) members shall be elected as provided hereill.
If less than five percent (52) of the single family lots in LAKE FOREST are owned
by Developer. all of the members of the Committee shall be elected as provided
therein. The provisions of this paragraph shall also apply to any future stages
of Development in accordamce with Section C, below and the lots contained tllerein
shall not be considered in determining the above percentages.
6. Each Owner shall be entitled to vote in person or by pro.xy in
elections for selecting members of the Committee. Owners of single family lots
shall have one (1) vote for each lot owned.
4
10. The Committee shall have the following powers:
la) Cause the Common Area to be maintained, repaired.1andscaped and
kept in good, clean and attractive condition.
(61 Enter into contracts and to employ agents, attorneys or other
for purposes of discharging and its duties and responsibilities
bereunder.
(c) Levy and collect assessments in accordance with the provisions
of Paragrnph 11, below.
7. The Term of office of the initial members of the Committee shall
commence upon the execution hereof and shall continue until December 31. 1991.
Thereafter, the term of office of members of the Committee shall be for one 11)
calendar year. If anv member of the Committee shall die, resign,be unable to
act or cease to be qualified shall be elected by a special election, lor appoint
by Developer. if applicable, pursuant to the terms of Paragraph B 5, above).
8. All meetings of the Committee shall be opened to Owners and held upon
not less than three (3) days prior written notice to all of the Owners. Two (2)
members of the Committee shall constitute a quorum. Actions of the Committee
shall be taken by majority vote.
9. The Committee shall have the following duties:
la1 Provide for t6e maintenance of improvements in the Common Area.
fbl Establish dates and procedures for the conduct of the
Association and Committee's affairs, A#D AYJM~L EL€LTIO~&.
IC) Promulgate operating procedures for the conduct of the
Association and Committee's affairs.
id) Enforcement of the provisions of this Section B.
11. The Committee shall levy and collect assessments in accordance with
the following:
la) The Owner of each single family lot shall be subject to a
general annual charge or assessment for the purpose of defraying the
costs of maintaining and administering the Common Area.
e
5
Soclj dnnudl assessment shall be a prorata share (one (1) share per
lot for single family lot) of the costs incurred or anticipated to
be incurred by the ASSOCidtiOn in performing its duties. Said costs
shall include, but not be limited to payment of faxes, insurance,
repair, replacement and additions to the improvements made to the
Common Area, the cost of labor, equipment, materia1s.management and
supervision thereof, arld all costs of the Association reasonably
incurred in conducting its affairs and en€orcing the provisions of
this Section B.
(b) Assessments must be approved at a duly convened meeting of the
Commi rtee.
IC) ffritten notice of an assessment shall be personally delivered
to each Owner subject to the assessment or delivered by certified
mail addressed to the last known address of such Owner.
(dl Assessments shall become due and payable thirty 130) days after
the mailing or personal delivery of the notice, at the case may be.
(e) Assessments not paid when due shall bear interest at the rate
of twelve percent (12%) per annum until paid, and such unpaid
assessment and the interest thereon shall constitute a continuing
lien dgainst the real estate against which it was assessed and
interest thereon shall also be the personal obligation of the OWner
of the real estdte against which the assessment N~S made.
(f) The Committee may record a document with the Register of Deeds
io h'dlllieshd County, Wisconsin, civing notice of a lien for any such
unpaid assessment and upon pasment or satisfaction of the amount
due recorded a document canceling or releasing any such lien. The
failure to file any such notice shall not impair the validity of the
lien. All recording and attorney fees relating to any such document
shall be borne by the affected Owner.
6
e (g) Upon application by an Owner, any member of the Committee may,
without calling a neetillg of the Committee, provide to such Owner
a stdtement in recordable form certifying (11 that the signer is a
duly elected member of the Committee and (2) as to the existence of
any unpaid assessments or other amounts due to the Association. Such
statement shall be binding upon the Committee and shall be conclusive
evidence to any party relying thereon of rhe payment of any and all
outstanding assessments or other amounts due to the Association.
(h) Any lien for assessment may be foreclosed by a suit brought by
the Committee, acting on behalf of the Association, in a like manner
as the foreclosure of a mortgage on real property.
12. Members of the Committee shall not be liable for any action taken by
them in good faith in discharging their duties hereunder, even if such
action involved a mistaken judgement or negligence ny the member or agents
or employees of the Committee. The Association shall indemnify and hold
the members of tJ!e Committee harmless from and against any and all costs
or expense. including reasonable attorney's fees, in connection with any
suit or other action relating to the performance of their duties hereunder.
13. Failure of the Association or the Committee to enforce any provisions
contained in this Section B, upon the violation thereof, shall not be
deemed to be a waiver of the rights to do so. or an acquiescence in any
subsequent violstion.
14. If the Committee shall fail to discharge its duties under this
Section B within sixty (601 days of written demand by the City, the City
may discharge the duties of the Committee. The costs of the City incurred
in connection therewith shdll be charges to the Owners of the properties
affected by such'actions of the City by adding to each Owner's real estate
tax statement incurring a charge equal to such Oh'ner's pro rate share (the
same as such Owner's share of dnnlral assessments as provided in sub-para-
grdph B 11 la) (above) of such costs.
C. FUTURE STAGES OF DEI'ELOP.YEXT OF LAKE FOREST
The Developer, its successors and assigns shall have the right to bring
within this Declaration future stages of the Development of LARF FOREST, provided
such future stages are to become adjacent to the real estate which is or becomes
subject to this Declaration or any additional supplemental declaration. The
future stages added to this Declaration authorized under this sub-section shall
be added by recording a supplemental declaration of restrictions with respect
to the future stages which shall extend the provisions of this Declaration to
such future stages. Except with respect to increasing the number of Owners and
adding to the Common Area, such supplemental declaration shall not revoke, modify
or add to the covenants established by this Declaration affecting LAKE FOREST.
D. AUEh'DVEh'T PROVISIONS
Any of the provisions of this Declaration maybe annulled, waived, changed,
modified or amended at any time by written declaratiom setting forth such
annulment, waiver,change, modification or amendment, esecuted by the Owners of
lands having at least sixty percent (60%) of the votes in the Association;
provided, however, that ang such action must also be dpproved in writing by li)
the City, and (ii) the Developer so long as it shall be an Osner. This
Declaration and all amendments shall be esecuted as required by law so as to
entitle it to be recorded, and shall be effective upon recording in the office
of the Register of Deeds for h'duliesha County, Miisconsin.
0
E. DURATION OF RESTRICTIONS
These restrictions shall be in force perpetually and shall be deemed to
run with the land and shall bind the Owners and their heirs, successors and
assigns and be enforceable by any Owner and, to the extent permitted by Paragraph
B 14, above, the City.
8
IN WITNESS WEEREOF,
The undersigned, being a duly authorized officer of LAKE FOREST RESIDENTIAL
DEVELOPHENT LIHITED PARTNERSHIP. INC., has esecnted this Declaration of
Restrictions
this day of . 19
IAhT FOREST RESIDENTIAL, INC.
By :
ROBERT A. PATCX, PRESIDENT
STATE OF HISCONSIN
I ss.
COllNTY OF HAUKESHAI
Personally came before me this day of 19-
the above-named ROBERT A. P.4TCH. to ne known to be the person uho execrrted the
forzeoing instrument and acknowledge the same.
NOTARY PUBLIC
COUNTY, UI.
Nv Commission expires :
9
CONSENT OF HORTGAGEE
ASSOCIATED COWIERCE BANK ds mortgagee of any present or future nortgage on the
lands subject to the foregoing Declaration of Restrictions, hereby consents to
and agrees that its mortgages shall be subject to the foregoing Deddration of
Restrictions.
ASSOCIATED COMIERCE BANK
By:
STATE OF WISCONSIN I
1 ss
Attest:
COl!VTY OF
Personally came before me this day of 1 9-
the above-mdmed and
to me known to be the
and
respectively of ASSOCIATED COMERCE BANK and to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
si ns 'trument s dr
Notary Public
County. UI
HI* Commission expires:
.. .dfted by
ROBERT A. PATCH
TERRA DEVELOPMENT CORPORATION
11501 Uest North Ave.
pdUUk*dtOSd,UI 53226
10
DECLARATION OF RESTRICTIONS
17
of Restrictions lhls - IN WITNESS WIIEREOF, the undersigned owners hove executed this Ueclorntinn
dny or ,19-.
0
i)
SUBDIVIDER:
LAKE FOREST RESIDENTIAL DlWElDPMKNT
LIMlr&D FARWRSIIIP, by bhe Fnmt Residentinl,
Ine. 11s General Partner
By:
Roherl A. Fnlch, President
By:
Willinm A. Pntch, Secrelnry
STATE OF WISCONSIN )
COUNW )
) ss.
I'eramnlly cum bclure nie lhls __ dny 4 ,19-,
the ohwe-named Robert A. I'ntch, l'rcsidenl, nnd Wlllinnl A. Fntch, Secrelnry, 111 IAKE
FOHES'I' HESIDENI'IAL, INC., snid Cnrpomtlon being the Managing Pnrtner nr LAKE
FOREST RESIDENTIAL DEVELOPhlKN'I' LIhfITEU PARTNERSIIIP, In me known to
be such Prcsldenl and Secrelnry nr snid cnrpnretlm, nnd ncknnwledged lhol they exeeuled
(he hregnlng Instrumen1 as such nllicers ns Ihe deed nr snld LAKE FOREST
RESIDENTIAI, INC., the hlnnnging I'nrlncr nr IAKE FOIWST RESIDltNrIAI,
DEVELOPMENT LIMITEI) PARTNERSIlIP, hy its niithnrity.
I
PERPETUAL STOW SBWER EASEMENT
CITY OP MUSKBOO, WISCONSIN
Thls indenture
Weuinaha County, Wisconsin, horelnatter Corporation located in
the City of Muekego, a MUniOipal referrod to aa first part],
B.LRP.ETT 9ROPBRTIkSI INC.I hereinafter 19-, by and between
nado this- day of I
rbterred to a8 second party
WITNEBBETI~I
Pirat party, in oonsi eratlon of an8 dollar:.($l.OO), tho P l
and oonveyud, and h tu do hereby grant and convey unto
the second party f tual ntorm sewer eaeemont for the
o@,sratlon, uen, m epalr (inaludlng reconetruatlon)
tual storm newer Baaamont over and he Warranty Deed a6 reaordad ln the for Waukeaha County on Oataber lal
being mora part
d East line 86.25 feet long the said Laat&rly lnq along the Eaatarly 19.00 feet to the rhore ai LLttla
thcnae south 06 30' t along thr ohof. of
I . ..
1 DESCRIPTION (TOTAL PROJECT); 0
114 of Scctlon 8 the Snutbmst ll4 rlectlnn and the Southenat 114 mctlon of the Southeast
All lhst part of the Southwest 114 and lhe Snulhcnsl 114 sccllnn of the Southwest
114 nl Seelieu 8 and the Northwest 114 section and the Northcnat 114 section of the
Northenst U4 Section 17, lorn .S North, Range 20 hst, ln the City of Mtlrkego,
Wnulrrahs County, Wlaconsln lnclutllng thereto 011llut I II~ Certllled Survey Map No. 2840,
ldng nmre pnrtlculnrly bounded and descrlhed as follnwsr
plaee of beglnnlng of lnnds bcrelirn.fler described:
Cummenclng at the South 114 cnrner of snld Sec:ll~~ R, snld pht nlau helnE tho
of rnld Seetlun 8, 2694.21 feet lo tho Soulhwest corner of snld Secllon 8 and the Snutheast
Running thence Snulh 88" :18' OS' West nlong the South lluc nf the Snulbweat 114
corner of "VnUey View Uelglrls" n recnrded suWlvlsloo plat1 Thence North 01' 26' 35"
West dong the West he of the Southwest 114 of Secliou 8, 1333.77 reel to a point In the
South Une or Wlllendnle HelgbIs" :s recorded suldlvlslon plnc; lbence Nurth 88' 17' 22"
Northwest corner of Certlfled Survy Map No. 2840; Thence Southeasterly 10134 feet
FAIL along the South Une of 'UUenhIe lleights" 2216.48 feet to a point helng the
along thc hast he of said 011tlu1 1 and the arc of a curve whose center Ilea to tbe rmt,
whom ndlus Is 230.00 feet and whose chord hears South 14' 19' 07" b~i, 100.42 feel to
lhe Snulheast corner of sold Outlot 1; Thence Snllth 88- 17' 22" West, 21.92 feet ln the
Southwest corner ul sold Outlot 11 Thence Soulh 01' 42' 38" East, 262.00 feet to the
feel In the Southcast corner olsald Certllled Survey bfnp No. 2840; nene North 01' 42'
Soothweot eurner of CcrtlUed Survry Map No. 28401 Thence North 88' 21' 48" East, 605.00
38' West, 360.00 feel to a polnt on the Soulh Une of "Rayshore IIllla", a recorded
Thence South 34' 36' 11" East, 4152.88 ,et to a polat; Thence South M' W 54" Ea#&
#ubdlvlslon pia(; "heoee North 88' 36' 56" East, l29338 feet along lhe maid South Unel
199.51 feet IO a point la the We81 Uno or Rnclne Avenue; Thenee South 39. 10' 51" Eprt
&est along the West he of Reclae Avenue, 153.99 feel lo a polnt In ibe Nor& llae of
JaneavUie Road1 lbence South 38' 02' 57' West alona the Noh he of JaneaPille Road,
444.24 feel to a poh4 Thence North 47' 31' 09" Weat, 403.94 feet lo a plnr; nene Sooth
38' 02' 57" Weat, 600.00 feet to n polnl; lltenee South 39' 34' 11" West, 72.90 feet to a
point; Thence South 45' 36' 18" West, 115.00 lest to a polnt; Thence South 44' 14' M"
hat, 375.29 feet to a polat In a curve and the North llne of Janes*llle Road; Thence
Soothwesterly, 45.03 fcet along the M or sold curve and the North line of
Janesvllla Road; whose center Ue!i to :he Soulhwcsi, whose rndlus Is 2707.40 feel sod
whose chord bears South 45' 38' 57.5" We$$ 45.03 feel Io a point of tangency; Thence
"hence Snulh 43' 52' 27" Eosi, 27.00 feet lo a pnlnt; Thenee South 46' 07' 33" Weat along
South 46' 07' 33" West along the North be of Jnneavllle Road, 253.50 feet (0 a pulnt;
the North Une of Janesvllle Road, 29.46 feet to a point; lbence North 45' 52' 27" Wcat,
99.73 leet io a pol111 of cunq lbence Nnrtbmrterly, 14629 leet along the arc nf rnld
Ewe, whose center Ilea to the Soulhweat, whose radlu$ la 375.58 feel and whnae chnrd
Ilenrr North 45' 01' 57" West, 14936 feet to n point of langenly; llence Norlh 66' 11' 27"
Weat, 119.66 feet (0 a point of cuwel Thence Northwesterly, 159.50 feet along the arc of
raid Ewe, whnm center Ilea to the Northcast, whose radius Is 160.00 feet and whore chnrd
lwrm North 37. 37' 59.5" West, 152.97 feet to a pointl Thence North 29' 16 00" Welt,
99339 feet to 8 point In the SOOUI he nf the Southeast 114 of Section 8; Thence Sonth
88' I@ 33" West along the SIIIII~ the nf the snld Snulllrast 114 section, 618.88 feet to the
polnt nl beginning.
Contninlne 162.8U acres, more nr less.
4 along the West he of Rache Avet~oe, 1029.71 feet to a point; Tbcnce South 06' 30' 18"
PERPETUAL BMRH SEWER BASEHENT CITY OP MUEKEGO, WISCONSI# Pa~e 2
It is an exgtes. condition
to the grantlng of thin ensement. aecond party of this condlt:.on
constitute an express nooaptanoe by aaeement by aacond party ehaLl
may be, and the accaptanoe of thie oondltlon an lt now is or
be replaced in rubetantlally the same the e%penee of eeaond putty,
reconstruotion) of such atorm b'ewer will, at and repalr (including
in the operatlon, uae, malntenance of the soil as may bo diaturmd
UY much of the Burface and Bub-EUZfaO~ mtorm eewar mneCment that
of the granting of thio perpetual
Plret party conmenta tc
workmen, aqnnta or indopendint
the entry by the enrvbnte, employees,
of nuah atonn newer, but renerve@ to (Lncluding reconetruction)
II~, maintonenon, and ropalc inoidantal tn tha operatlon,
COnLractors of second pnrty for and
iteelf tho right to makn uno of the lond Included in said eafmmmt, '
subject to the ardlnancoa oi the City of Huakego and the Etatuted
of tho State o€ Wisoansin, a8 wfll not dieturb or Interterm with
auah atorm sewer or prevenc ingreen and agrees thezero for the
purpoee of operatlon, uea,
reoonstruction) thereof.
maintenance and repair (inoludlnq
This indenture, upon its
benefit of the parties hereto, their binding tlpon and fnure to eta
acceptanos by second party, shall be
repredent8tlveB and aEsign8. respactiva hairs, succ&esor#,
- ..
TN WIlWE69 WHEREOPt
this indenture tho day an
0
ACCEPTED PURSUANT TO TIIB
ATTES'L' :
Jean Haranda, Secretary
IN THE PRBBENCB OF :
Wltnese
Witness
STATE OB WISCONSIN )
COUNTY OF WAUKGSHA I
?ereonallyaamebefor
19- the above ni
and -
to me known to be thc
instrument, and to me kno
maid aorporstion, and ackl
Lnetrumant ae euch office
authority.
et and uecond partieo have axaoutad
:nr above written,
Becrmtary
this- day of ,
Thobaa w. Bnrrett, Preeident
Secretary, of the above ocrpnl:atlon,
lraons who exeouted the foregolng
o be euoh Preeident and Secretary of
3dged that they axeautsd to fQZq0ing
4s deed of eald oarparation, by it1
~
blic, rrlon mc+si
County, WI.
3RITY OF TllE CITY COUNCIL
CITY OP WUSXEOO
BY' Hayne Balenl;lnm, Hayor
"
\
.
: MUSKEG0
STORM SEWER EASEMENT
: SECTON 9,lW 6 NORTH, RANCf 20 EAST,
#WEW COUJTY, WLscoNSlu'
I e