The Broadlands Covenants

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DECLARATION OF
AND
237 1759.:
Do<u¡qtn( floabe
TrtE
CO¡TDIFIONS'
NS OF
BR.OADI,ANDS
98 0C'f -
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¡ôd Rcl(m
Hal Karas, Esq.
Bcst & Friedrich LLP
00 East Wisconsin Avcnue
\¡/I 53202
DECI-ARATION OF COVENANTS, CONDTTIONS AND RESTzuCTIONS
OF
TTTE BROADI"ANDS
Declarant: Harmony Homes, Iuc.
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DECI.AITATION OF
COVENANTS, CONDITIONS AND RtrSTzuCTIONS
OF
THE BROADLANDS
Thís Declaration of Covenants, Conditions and Restrictlons of The Broadlands (this
"Declaration") is made and entered into by Harmony Homes, Inc. ("beclarantl').
.
Recitals
Declarant owns certain real property, described on the.attached Exhibit A, upon which
Declarant intends to construct or allow to be constructed or developed (1) a Golf Cpurse and
related amenities, includ'ing a clubhouse with dining facílit[es and a dri'ùing.range,.(2) a
subdivision for ræidences, (3) buildings for multi-family residential uses (which'may in some
cases now or hereafter be subjected to,the lVisconsin Condominium'Ownership Act), (4)
buildings for office and sales uses, (5) commercial facilíties,'(6) a public pârk, and (7) other
related improvements.
By thís Declaration, Declarant intends to subject such property, buildings and other
improverpents to cettain easements, rights, restrictions, and obligations with respgct to the
ownershîp, use and maintenance of such property, buildings, other Ímprovements ând all
components thereof. Declarant further intends to make the benefits of this Declaration
available to other properties"hei'eafter acquir'ed by Declarant by expansion of the property
subject to thìs Declaratiort in thd manner set forth herein.
Now, therefore, Declarant, as fee owner of'such property, by'this Declaration
(l)
-establishes and imposes cerlain provisions, restrictions, conditio4s, easements and uses upon
such real property; a¡d (2) specifies that the piovisions of this Declàration shall constitute
covenahts running with the.land which shall be binding upon Declarant, its successors and
assigns, and all subsequent owners and occupants of all or any part of such real property.
ARTICLE 1. DEFINITIONS
The following terms shall have the as$igned defTnitions:
1.1
Assçgiatioq. The "Association" shall mean The Broadlands Çommunity
Association, Inc., the'member's of which shall be all Owners of Lots in the Subdivision, e.ach
Condominium Association and the owner(s) of the MultiFamily Property.
L,2
AssocíAt!-on lrlsurance. "Association Insurance" shall mean
all policies
of insurance as may be maíntained by tho Association under this Declaration.
1.3
Boaid. The "Eoard" 0r "Board of Directo¡s" shall be the governing
body of the Association, elected according to the Bylaws.
e
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1.4
The Broadlands Dgcuments. "The Broadlands Documents" shall consist
the Association.
of this Dcclaration and ¡he Bylaws of
. 1.5
Building. A "BuildÍng" shall be any lree standing structure located in
çolf Course, or in the MultiFamily Property.
the Subdivision, in a Condoininium, on the
1.6
P.vlaWs. The "Bylaws" shall mean the Bylaws
of
the Association
as
'.
adopted by the B.oard.
L7
Coqìrn.ercial Propert)¿. The'"Commercial'Property" shall.mean thà idnd
on which the prihcipal use is for commercial or offîce useé. Initially, the Commercial
Property is Parcel 2 of CSM 8545.
'1.8
Comm.on Areas.. The "Cornmon A¡eas'ì shall consist of (1) Outlot 3; (2)
the boulevard area of St. fudrews.Boulevard; (3)- the Írqffic islands in Muirfield Court,
Augusta Court, and Eagles lnokout; (4).a strip-of land thirty (30) feét in width alòng each
public street on the Prôpbrty except where'st¡çh public.street fronts on a Lot; (5) the area
shown on Parcel 4 of CSM 8545 as a'Public Drainage Easoment"; (6) the area'within each
"visíon easemsnt" as shown on ttre'Plat or a.CSM (even if such.visiòi easement is located on
a Lot or an a CSM parcel); (Ð the nature path over [.ots 33, 34 and 35.desçribed in Section
7.5 below; and (8) the path over Parcel 2 of CSM 8543 described in Section 7.5 bclow.
1,9
CommoLlmp͡gements. The "Common Improvements" consist of the
followíng, whether or not"loc¿ted iir Common fueas and.which may be.located in public
streets: all signs on the Proþerty generálly id.entîfying th'e SubdÎvision as The Broddlhnds
SqbdiVision (but not including signs installed .b.y Declarant'er the Golf Course.Owner
advertising the Lots, the,Condominium, the MultiBamily Property,. or ihe Golf Coursc for
sale, lease or use), the landscaping'and the stieet lamps installed in the boulevard areaS of St.
A¡drews Doulevard, and any other improvements made by the Association in the Common
Areas.
1.10
Condominir¡m.. A ilCondominium" shall mean each discrele.portion of
the Property subjected to. a single côndominium declaratïon under the Wisconsin
Condominium Ownership Act, where thb principal.use of the condominium property is for
residentlal purposes. Initially, Declarant intends to subject P.arc¿l Q of CSM 8543 to the
condominium form of ownership. A "Condominium Assoqiation" is the association created
under the TVisconsitt Condorninium Ownershiþ Act for a'Condöminiuni.
1.11
'CSM. 4 "CSy'i is a certified survey niap as recorded in the Regisier's
Office and comprising a portion of the PropÞtty. Initially, portions of ihe Property are the
Èubject of CSMs Numbers 8543, 8544'and 8545. Portions of the Expansion Real Estate may
be subjected to othe.r CSMs.
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1.12
Declara[t. The "Declarant" shall mean Harmony.Homes,Inc. and the
successors and assigns of Declarairt pursuanl to assignmènt in accordance with Section i7.7 of:ì
this Declaration.
1,13
Declaration. "Declaralion" shalt mean this Declaration as the same may
be amended from time to time.
f.i4
Director. A "Director" shall mean a member, of the Board.
1.15
Drawings. The term'"Drawìngs" is deiined'ín'SectÍon 6.1(b).
1.16
ExpAnsion-Real Estate.. f'Bxpansion Real Estate" shall mean the real
property described in Bxhibit B,hereto.
l,L1
Golf'.Course., The "Golf Course" .shall mean Parcets 3 and 4 of CSM
8543, Parcels 1 and 3 of CSM 8544, and Parcel 1 o.f CSM 8545, and related amenities,
including without limiiation rainshelters, a driving range, a clubhousç, maintenance facility,
parking lot and bridge over St, Andrews Boulevard'as furtherdescribed in Section 7.1.
I,1B
Golf Course Rules.. ThetrGolf Çourse'Rules'r shall mean the conditions,
requirements, Iimitations and ohservances of play and usage of the Golf Course as establishèd
by the Golf Course Owner, or its agent, from tlme to time. Neither the Declarant nor the
Association controls the Golf Gourse Owner or thelàdoption, amendment, or enforcement of
'that
the Golf Course Rules, except
the'Golf Course Rules shall incorporate the matters set
forth in Section 8.2.
1.19
ul.otu shäll
Inean a.platted lo[ intenfed'for construction of a'
resídence as shown on the Plat, The IÆts do not Includþ the Outlots as shown on the Plat.
as shown on the Plat.
The reference to a Lot by a number shall mean that particular
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L.20
I'Mortgago'r shall rnean a recorded first lien mortgage against
Mortgage.
a Lot or Unit, or the MultiFamily Property, or the verldoi's interest under a recorded first lien
land conlract relating to a Lot or Unit o.r the MultiFamily Property.
1.ZL
7.22
Mortgagee. "Mortgagée" shall mean the holder of a Mortgage.
lvfultiFamily Properiy. .The "MultiFamíly Pro.perty" shall mean Parcel 2
of CSM 8544, except to the cxtont that the säme is subjected to the Wisconsin Condominium
Ownership Act (such portions so subjected beconie a Condominium).
I.23
Occupant. I'Occupant'1 shall,mean the Owner and any other person
residing on a Lot, in a Unit, or Ìn the MultiFamily Property.
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l'24
Optlot. "outlot" shall mean an,outlot as shown on the plat. The
reference to an Outlot by a nurnber shall'mean that partiôular
outlQt as shown on the plat,
, L'25
o\i¿ng. "owner" shall ean each fee simple bwner of a Lot an outlot,
a unit, or a Parcel in a csM, but íf any such property is the
subject of a ,r.*¿.1rrno
contract, then the owner is the vendee thereunder.
rllr
Declarant is an owner wirú ilìpect to
property.to which it holds title.
1.26
1,27
park. The ,,patld' shall
rnean'.p-arcel.
I
of CSM g543.
&t. A "pet'r is a domesric dog, cat ôr bird (oqher than rarge birds of
prey)' By virtue of this definition, no other animals åre.perniitted'to
be on the iroperty as
pets of.anv occupant (except animats in any
l'28
"
"ii,orc;
äp;;;ì;ã;rhr öårã",.irl
property.
Pl31.-A "Piat" is a land.subdivision plat as recorded in.thè RegÍster,s
of the Property. Iniai;llt,i;;tions or, trti pioprrry are the
subject of the Plat of ho Broadlands, poriions of the È'*bånrro"
neal ¡state h-rí u,
subjected to other Plats.
office
and comprising a poriion
1'29
Propqrty' . The "Property" shall mean the real estate subject
to this
on Exhibit A and aí expanarã
to
A¡rícle
1ä
herein,
and all
furrurnt
1t:ll*l¿s_described
ImProvements
constructed or to be constructed thereon including,
but not limited to, those.
described in the Recitals.
1'30
Register's. Office.. The 'rRègister's'Office" shall rnean the office
Register of Deeds f,o¡.Waukesha Countyl Wiscons-in.
1'31
of
the
ry.
The "Rules" shall mean rules established by the Association
.
governing the administration
of the common A¡eas and common Improíem.ns.:
L'32
Subdivision-. 'rsubdivÍsion" shäll mean all of lots as strown on a plat
that is subj.ect'to this Declaration. This te¡m is not intendþd.to
have the same meaning as
under Wisconsin Statutes,. Chapter 236.
1.33
Unit. A,,Unit,, is a unit in a Condominium.
1,,34
village. "village'r shall mean the village of North prairÍe, wiôconsin,
and its successors.
ARTICLtr 2. ASSOCIATION OF OWNERS
2'l
Admlnistration. Declarant shall establish lhe Association, which shall
Bylu*r for is governance and adminístration of the Common
be incorporated and shall adopt
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Areas and Common Improvements. The Board may, but need not, from time to tin'¡e âdopt
and arnend Rules which'are binding on all Owners and Occupants, exçept that'Rules may:'
Sovern the. Coiimercial Property and the Park only to the exient that they relate to the
Common Areas or Common Improvements therein or the applicatiotr of Article 6 to the park
or to the Common Areas located on the Commercial Propeity. The Board shall administer
and enforce the'Common Areas, the provisíons of this Declaration and the Bylaws, the.Rules,
and all other uses of and.restliclions on the Property. Pendlng establishmenipf rhä
Association, all powers of the Association shall-be.ãxercised úy Declarant.
2.2
Membership and Voting. Each of the iotlowing shall be a àemberof
.
the Association: eaclt Owner of a I-ot, each Condominium Associatiðn, and the Ownet
(collectively, if owned by more than
embe.rship'shall
comrnence and terminate with
of each liot ,hutt
be entitled to one vote for each l-ot
shall be entitled.
to ten votes; and eabh Multi!'amily Property.shall be entiiled to'ten.votes. If one or more
Lots, or one or mone Units, or one or'rRore MultiFamily Properties'change their status to...
some other
otes appirrtenant:to each originat property shall not be'
changed.
ildineiin a.MultiFamity PrJperty'urå ináivídually
subjected to
nium declaration, there will still only be ten votes
associated with the property'ofigÍnally comprising thc Multipamily propórty,
ro be divided,
among the resulting Condominiüm Associäiions às such C-ondomiiium Rssociatíons deem
appropriate. No member sh.all be permitted to vote if'such member is more than thirty (30)
days delinquent in the payment óf any amount due to the Association under Article
3 of this
Declaration
one)
ownership,
owñè
for
For
m
2,3
'
Qgntrol'of Assooiqt'ioE Deolárant.shall have the right to appoint and
rernove Directors of the.Association and to exercise any and,all,powers ñO.t.rpànribilities
fficers,'by the A¡ticles, By LawS, this
ation Law (TVisconsln Statutes Chaptpr:181 as
f: (1) fifteen 15 years from the date that the
r than Declarant; or (2) thÍrty (30) days after
I of the Lbts and'Units; or (3) Deólarant,s
.
2.4
Management. The AsscjcÍation may employ a prcifessíonal managerneni
agent or company to assist in carrying out i.t$
Common Improvements, and this Declärdtion,
such te¡ms and condítions as are acceptable to
te¡minabie by the Board, without cause upon n
penalty,
2'5
Apptovalq. 'Ahy proposal by an Owner requiring'Board approval shall
be subrnitted in writing, in such detaii änd'with such supportlng äocuñents as thå Board may
require to facilitate its understanding and reviews, The'Éoard -may apþrove or disapprove
any
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proposal submirted by an Owner after considering one ol.more of the following conçerns qnd
äni additional concefns as'the Board deerns prudent: (i)'freedom and safeiy of acieis and'
convenience to other area,s'of the Property; (2) the costs to be paid by the Owne¡ for
restoratiori of Common Areas and Commôn Improum.nts to theír prior physícal coirdition
úpon the completion of.work or use contemplated'by the proposal; and (3).a fair and
rèasonable monthly charge to be.paid by the Owner to the Association for åny encroachment
on âny Common Ar.eas resultirrg frorn the proposal, The Board may at its discretion impose
t to any proposal as it deems appropriate, including payment
of.
ssional adviôe and a standard ràview fep,, App¡oval of a
the Association'preside¡d inöicates approval' in'writing.
Proposals to.affect the Common Areas or Common.lntprovéments require approval of the
Board, not the fuchítectural Control Committ'ee. If the resu[t 9f a proposal would.be to cause
an encrpachment on any public street or. utility, or any eásemint'êrêa or would affect the,
storm water drainage system on t[e Property, the prior efrpræs written.consent of the Village
and, in the caseofãny-easement for the benefit of the Goif Course or any poriion of the
storm water drainage system,'the Golf Course Owner is'ajlso rêquired,'and such approval by
the Víllage or the Golf Course.Owner may be..wÍthheld for any reason; neithi:r the Declarant
nor the Association has control over the Village or the Golf'Cou.rse Owner.
fuither
out
propos
2.6
Ownership of O_u_tlot 3. The Association shall'own Outlot 3 and shall
not.convey title wíthout the prior consent of the Village.
ARTtrCLE
3.1
3.
ASSESSMENTS
, .B-udget and.Assessments.,
..The"Assocjalion'shall.annually..adopt a budget
on the Lots, each Condomínium and oach
ssments among the iarious typtis of property in
under Sectíon2;2, subject tö the limitations herein.
The Association has no authority to levy assessments on the Outlots, Íh'e Golf Course or the
Cornmercial Property. Each Condominium Associatlon shall detèrmine the allocation of such
assæsments ampng its Unif Owners pursuant,to its constitúent ãocuments, Thè budgst shail
inqlude amounts representing assEssments which are bad'.debts,'and may but need not inclüde
ts,
a replacement reserve, in each case which shall
and
The Association may also:levy (x) speoial assessments
ed and
eAch MultiFamily.Property for âny purpose
speciat assessments, or (y) fines on.particular Owners or Condbminium Associations for the
pìrpose of collecting any'amounts due the Association or'enfoicirig ðompliance of such
Owne¡s or Condominium Associations with any provipion of this Ðecl¿iration, the Bllaws or
any Rules. The Board may adopt a rule to Ìmpose uniform charges for servic¡s.which the
Association provides related to transfer of Lots, Units or the MultíFamily Property, review of
proposals under Section2.5, and the like. The Board rnay adopt an initial budget showing the
anticipated amounts necessary to cover common èxpenses.
constitut
o
for,which'a
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lnstallments: Late Payments-' General'assessments shall be lBvied on an .r\
annual basis but shall be due and payable.as determined by qhe Board'from time to
provided that the Board may r"quiripayments.from l¡ts on a different schedule than
payments'fiom Condominium AssocÍatlons or MultíFamily Properti Owners. Special
assessments shall be due an<i payable at such time and in such manner as the Board may
determine. Any assessment or installment of'an assessment not paid within ten (10) days of
its due date may be subject to a late chatge and/or interest as set forth in the Bylaws or in a
Rule.
time.,
3,3
Bnforcetnent: Ligns. If an Owner.oq Condominium Association defqults
ed bY law' The
payment
.,,. I y'efaulting Own
cosis incurred by
reasonable
)1ttre Association
eisonally.liable for
4\ attorneys' fees.
Lot, Unii or
assessrnents or'fines and a'lien shall be i
st a Condominium
MultiFamily Property for any.unpaid'æs
in any
Association shall const'rtute a lien on each Unit therein.for a share of ,Such.aqsessrnent
allocated as general a'ssessmentÉ by the Condominium.Asçobiation a¡e'allocated among Unit
Owners therein. The.lien shall.be effectìve as of the recording of a notice thereof in the
Register's Office, in the same rhanner as a condominium lieir.would be imposed, The lien
shall be enforged genorally in the mäiner in which condominium lienÉ are enforced. Liens
for unpaid assessments shall also extend to and secure interest, fine3 and reasonable costs'of
colleclion including attorneys' fe,es incur¡ed by the Assoôiation inciderit to the collection of
assessments or enforcement'of lien's. The Absociation may purchase a property upon the
foreclosure of its lien. IJnder Sèction 2,2', an Owner or Condominìum Association delinquent
in payments' may. in some-cases.not'be permitted'to vote in mattets before.'the membership of
the Association.
.
3.4
Association Statements. Within five (5) business,days of .written request
from an Owner, a Condominium Association, or a Mortgagee, the Assbciation shall provide a
letter stating the existence and.amount of outstanding general qr specíal assessments against
the Owner's property, if any. Notr¡,ithstandíng anything to the'contraty, in the preceding
sentence, all property conveye{ by Þeclarant shall be'deemed conveyed free fro.m outstanding.
general, special ðr working äapitai assessments and no such letter shall be requiied or given as
to such property.
3.5
Paymerrt of Assessnlents by Declaiani. buririg the period.of Declarani
control, Declarant may, but shall.not be obligated to, dirèctly páy bills or prbvide service.s
which would otherwisb represent Assoclation obligations to wlilch regu.lar asses$ments would
be applied. Declarant shall be ent¡tled to offset expenses lncurred by Qeclarant in performing
or paying for such Association obligations against assessments due on Declarant owned
property. If the aggregate of such payrhents by Declarant exceed the aggregate assessments
on Declarant owned property, then Declarant shall be entitled to reimbursement'from the
Association.
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' 3,6
CoFrnon Exp,enses and Surp,lusgs.. . Common expenses and surplusep.
shall be allocated ín the same. manner as general assessments arb allocated. All comnro¡
suipluses for each fiscal.yedr shall be retained'ior common expenses for the next succeeding
fiscal yeai.
ARTICLE 4. MAINTENANCE AND A.LTEI{ATIONS
4.1
the cost
Owner Respqnsîþilí,$. Each. Owner..shall reintburse the Assoc.íation.fo.r
of tho Association's repair'or'replaæment of any poriion. of the Common Aleas""or
Common Improvements damaged through,the.fault or negligence of such Owner or súch
Owner's family, guests, invitees or tonants. Each Lot Owner shallr,at the Lot Owner's'cost,
even if nb residence has been coirstructed'by'çuch Owner, maintain'the yard, including the
cutting of grass and snow removal from driieways and, ii any, sidewalks, ín an orderly and
neat rnanner and shall.maintain all structures on the Lot in good repair and conditîon.
4,2
Golf -Course Owner RçSpon-sibility.. The Golf Course Owner shall, at i.ts
cost, maintain all surface stor¡4 water facilities on the Golf'Course as þrovided in the Master'
.Lot prading Plan with the Village, includlrig.detentíon and reteltion basïns and culverts under
streets, including without liäritation maintenance of landscaping, routine dredging and
cleaning to assure adequate performdnce thereof. The Golf Course Owner does not hereby
have authority to entcr the L,ots or other areas of the, Property Ín connection with such
maintenance.
4,3
As-spcÍatioñ Responsílilit],. The Association shall maintain in good
çondition and repair, replace and operate'all,of the Comnion'fueas.ahd Cpmmon
Improvements, including landscapi¡g, trees an{ plaritings in the Common Areas and trimming
of such trees for sight lines, e*cepi for those matters for rvhich the Gblf Course Owner is
responsible as provided in Section 4.2 above, The AssociatÌon may, in its discretion,.install
additioñal Cornmon Improvements in the Common Areas.
ARTICLE 5, RESTRICTIONS ON USE AND OCCUPANCY
5.1
PErmitted _Uses. (a) Each Lot shall be occupied and.usèd only for
single family residential purposes. Each Unít Ín a Condominium shall be used only for single
family residentiai purposes.
(b) The Golf Course shall be used only for Golf Course purposes,
including a driving range and club house with a restai¡rant available for public dining and
functions (e.g., weddings).
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(c) The Park shall be used solely for public park purposes, and the
Commercial Property (except'for the Public Drainagd, Basement.thoreôn) shall be used solely
for retail,,wholesale and other commcrcial and office purposes, subject to.applicable zoning
oidinances .and other governmental regulation.
.
(d) Other portions of the Property not listed above ars not restrictdä'in
by thls Declaration (except as to matters described in futieles I and 14). Such other
pòrtions may be restricted as to use by other recorded in'struçnents aíd by tÍre Village's zoning
use
oíilinances.
5.2
[-eases. Declarant may lease'4ny Buildìng on'.such terms and
conditions as it desires in its sole dísðretion. I other leases relating to a,Lot or a Uhit shall
be for terms of not less than six (6) months; each $uch lóasp shall prãvide that a breach of
The Bro.adlands Documents shall'be deemed a default under the lease. Notwfthstairding the
.foregoing, an Owner of a Lot, Unit or the MultiFamily P,roperty shall be responsible ro rhe
Association and each other Owner for any breach of .qny.þrovislon of Tho Broadlands
Documents caused by an Ôccupant of such Owner. The Assoäiation will only need to deal
with the Owner and shail not be obligated to address any br'edch with ihe offendÍng Occupant.
Individual rooms in dwellÍng unig contained withln a Building bn a
or ìn a Condominium
shall not be rented and no transient tenants shatl be accommodated.
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5.3
Pels. T'he Owner of a [¡t'or Unit, and the Occupant of any apartment
on the MultiFamily Property, may keep no more thah two (2) Pets per Lot, Unit or apartment;
as the case may be, on the,conditions that:
(1)
,. .the.Pet. is'.not.permitted on
änyof the Common Areas while
unattended or unleashed and..at no time Ís permitted on the Gölf Course (including the
maintenance or administrative arear¡ or the nursery areas), the Park or the Commercial
Property;
(2)
the individual attending the Pet sliall immediately dispose
and all 0f the Pet's solid waste in the manner.prescribed by the Board;
of
any
(3)
the owner of the Pet shall comply wíth such further rules of Pet
ownership as may be promulgated'by the Boardi
(4)
the Pet is licensetl by tho Village,'if required under applicable
(5)
no reptiles or uncaged birds shall be permitred; and
ordinances;
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(6)
the Pet rnust immediately and permanently be rembved
the----^
if it 1þ9 so.le judgment of the Board, the Pet is or beiomes offensive,from
â
nuisdnce or harinful in ãny way to
property
Property
the
o, âny,eyy¡1s, or Occupant, or
otherwise violates the terms'of (his Section 5.á or uny nut.b
adopted ráutìtie ro pets,
y a Pet or othet unauthorized animal of an
ifferent, the Owner of the I¡t or Unit or
is housed, Any Owner failing to comply
usual'cirCum'stancôs und.ei which the
aci¡o'n ii appropriate, be urærr.à
m?lthJy Pet fee in an amount of Five HundrÞd Dbllars ($s00,00) påt
oi fart thereof
until the Owner has complíed, in additÌon to
^onilt
license to maintain a pet.ìSuch pet fee shall
the same maúner as assessrnentå under futicle
herein, possession of pets shall.not lie consider
further regulate the presence of pets on the Col
t.'
documents.
s.4
Vehìcles. (a) N
Lots except in driveways or marieî p
connection with the consfuction or tä
occupyj park or otherwise use a vehicle so as t
campers, camping trucks, boats.or.
mopeds, motorized bicycles,
s
ter¡ain vehicles, inoperative or
læ or the
Ín
a garage. No vehicle,maìntenance
:xlept
Subdivísion, the park, a MultiFamily property, and:a
driv eways or m ain tenan ce. performeá wittrin l' gardge,
vehicl
unli
(b)
recreatïon
li
or.lubrication
Cona
all.on a Lot,
ere in the
of cars in
N-otwithstanding subsection (a), no commercial vehÌcles shall be parked
in drlveways in the.Subdivisio¡,.t*cuft
commerciai íehicles.temporarily parked in the
ordinary course of business. Commeicial vehicles include
both ïehtcles lìcensed as such and
vehicles otherwíse ticensed but which contain commercial advertising
as part of the finish or
as an attachmônt.
5.5
marerrars or
rras
:i I'ii:fiti:i:'.liii,r',JJ'J1Tf,",,,
situated
the Asso;iaddn. Lots snãil ue"tept free öf
co
eoir by maintenance of a dumpstei on-site,
5.6
Tempo¡ary struqiurès. No structure, trailer,,tent, shack or barn,
shall be
debris during
'
temPoraly or otherw.ise, shall be placed or maintained
on any portion of a Lot without written
approval of the Board, except for construction traílers maintáined
by Declarant and its
successors and assigns, or the AsSbciation.
- 10-
ftc)
5,7
Ouiet Edoymenq.., Each Owner.shall have the right to. use.its property
in accordance with lhis Declaration and applicable law, free from unreãsonabie interferònce
fiom any.other Owner, Occupant and othöi invitee. No pe¡son shall cause or permit the.
Common dreas to be used so as to deny any Owner or Occupant thþ full use of the Common
Areas.
5.8
Noxious Activity. No use or practice shall be attowed in the
Subdivision, or a MultiFarnily property or a Cóndominium or the Common Areas which is
lmmo.ral, improper or offensive in the.opinion of the Board'.oJ.which .is in,violation of The
Broadlands Documents. By rvay of example and not'limitation, offensive äoivily shall
include excessive amplification of rnusical. instruments and/or audio or audio vlsúal
equipment.
5.9
. patjos and Þalcpnies.. patios, deêkÈ and balconles of .Bulldings
on Lots
or in Condominiums shall riot be.used for (a) storage of,any kind, including, but not limited
to, the.stolage of motorcycles, baby carriages, bicycl'es or wagons, ór (b) the drying or airing
of laundry, carpets, rugs or clothing.
5.10
Signs.. No Ow¡ier of a L¡t or Unit may erect, post of display posrers,
signs.o-r advertising materÍal on the Common Areæ or at locations wìthin a nuítUing whictr
are visíble from the public streets or Common Areas without the prior written consent of the
Board, except (a) Declarant may do so wíthout such.approval anO
1U¡ an Owner may erect or
Post a temPorary sign of customary and reasonable dimension relating to the saie or lease of a
Lot and a'Unit Owner may óo llkewise but only if permitted b! the declaration qf such
Condominium. The Board may.at its discretlon, in particular circumstances.or,in general,
delegate its right to conbent,under this Section tõ ttr'ð Architébrural.Control committee
described in Article 6. Where Board cÐnsent is.sought and'obtained,'the permitted signs will
be erecled and maintalned in accordance with all ordinances,'rules, regulaiións and conditiöns
applicable thereto. "signs" as used hereÍn shall be construed and
oadest
such
th
possible sense and shali include'any plagard, posters or other
to the interior of any exterior windows so as io be visibte,from
5,11
affixed
ilding.
Enyironnental Matters. Eaþh Lot and Unit Owner and Occupant shall'
comply.with all applicable governmental or Association statutes, ordinahces, regulaìions ór
rules relating to the slorage, transport and release to, from, on'þr in su'ch Lot oiany substance
or compound governed by any one or mofe of wis. stats¡ ch4p. 2gz (aþ the saine may be
renumbered from time to time); Comprehehsive Environmental RespoiSe, Comþensati-on and
Liability Act ("CE\CLA"); ToxÌc Subsianòei Control Act ("ToCSA"¡j.R*.ouróe Conservation
and Recovery Act ("RCRA'¡, Village ordinances; and similar laws reiating to the storage,
transport or release"of substances, compounds or recyclable materials, dll as in effect from
time to time.
-
frl
O
11 -
(:_,1,
5.12
Obstructions.. No playground equipment, bicycle racks or other.
equipment or material may be placed on.the Common Areas except as the Böard permits by
Rule,
ARTICLE 6. ARCHITECTURAL CONTROL
Architectural Controls: Restrictions on Development.
6,1
(a)
,
De'clarant..shall.estahlish
,an
ArchÌtectural Control Cornm
e Associatio-n as provided hereln) consistinþ of
three (3) members who shall have the duties as set forth in this Article. The initial
Architecturãl Control Commitdee shall be. appointed by peclarant. One òr more Committee'
members may delegate their CommÍttee dutles to any one or more of the other Comm
members. .After Declarant con{riys to purchasers'alt of'the [¡ts and:Units, then the initidl
members of the Architectur.at Control Commíttee shall rçSign and the Board shàll elect the
three (3) members from the group of Owners of Lots to serve on the AÍchÍtectural Control
Committee; provided,'however, that if selàcted by the Board,'a representative of Declaraht
may serve on such CommÍttee.
(b)
days prior to;
Ng Devqlqpment Without P.rior Approval. Not less than ten
(1)
commoncement of construction of any Building or other
improvements on any Lot, on a Condominium, on tho
MultiFamïly Property, on th'e Golf Course, or on the Park, or
(2)
the reconstruction of any Buildi¡g or other improvements
on any portion or portions of such property following a casualty
loss thereto, or
(3)
the demolition of any. Building or other improvemonts on
any portion or portions of such prôperty, or
(4)
the painting, decoration or alteration of the exterior
any BuÍldinþ or other improvement on such property, or
of
t
(5)
the installation of an awning, shuttei, enclosure, storm
wÍndow 0r door¡ hot tub, deck, shuffleboard court, garden,
swimming pool, grading, mallboxes, fixed grill, or othet
landscaþe features on any such property,
the Owner(s) of such property shall submit to the Architectural Control Committee for
consideration as described below two copies of written informatlon, which shall include
survey of such property prepared by a licensed surveyor, ("Drawings") showing:
-12-
tú?
O
a
N
t'^-i,
Ífii:l"'Täiåi;l'rî',',iå:',",î:3i1jt#å?i'l;l:iu)
and orher impróvemenrs, incruding,
matters proposed to be erected or reconstructed on. such property,
(B) detailed plans and specifications for construction or
reconstruction, including buildíng material, type and.color and plans to screen the,demotition,
constrqction or reconstruction fiom view,
(C) the proposed landscaping,
and
(D) the proposed lo*tion and specifications for Waste
receptacles and utilitics servicing such improügments. The survey shall reflect the proposals
in A through D which are appiopriate to ùe shown on tlte suivey.
of
exp
Archite
th
submittal period
tteo approvàs or,
Any
in,'ölauses (1)
the
en on, the larer
of (i)
date.on which the
d to have done so as
provided in subsection (c) following, unless s'uch time pe.riods aie waived by the Architectural
.Control C¡mmittee in its sole discretion where the Architectural Contrcil Commîttee believes
that such.earlier commencement is ónslstent with the purposes of this Declaration.
(c)
Standarils and Procedutal Matters
of
CkrnsideËrtion. The
Architectural Control Committee shall not unreabonably refusi: to consideriubmitted
Drawings provided that any.fees imposed for review hâve beén paid. In considering any
Drawings, the Architectural Control Comrnitte I'shall coriiider, among other factors,-whether
rr m"aterials,. decorations, arid
þrovided in SectÍoi¡ 6.6(b), and
the:ierms of thÍs Declaration and
A¡chitectural Control Committee,s sole
opinion, in keeping with and do not detract from or depreciate any portion of the Property,
whether then undeveloped, developed or in the process of developmìn!,' The.fuchiteètural
Control Committee may approve Drawings (abs-olutdly or qonditiòna[y), may object to
Drawings (absirlutety or cònditionally), oì ray st.tr that it has rio oU¡ãction io 'Drawings
(absoJutely or conditionally). Aþprovat must be qxpress and in writÍng.' The failure of the
Archltectural Control Committee to
ltionally as above within
twenty business days afler submittal of
yment of any review
fees shall be deemed as if the Architectural
ihat it has no oU¡a.tion
to. the Drawings as submirted. .If ttie
i objects to brawings in
whole or ín part for any roason, the submittiirg Owner shall thereafter resubmit Drawingslto
the A¡chitectural Control. Comrnittee wíth such revisl'ons as arc required. Each time an Owner
so submits the Drawings, the Architectural Control C¡mmittee shail have the right to approve,
acquiesce conditionally or object to the Drawings as desciibed above. Following the
Architectural Control Committee's approval of the Drawings, the improvementslescribed
therein shall be developed strictly in accordance with the ipproved lirawings. If the approved
uán.
approv
the
Co
fuchitec
-13-
(")
:-
improvements are not comPleted within-ole
(1) year.of their. initial,approval, then such
approval shall bé deemed withdrawn and
theìámr r; ¿iff"*nt Drawings required to be
submitted.or resubmitteo, as the. casri-uy
U..
.
1
+
- 14-
()
çI¡
'it
i.;l
ProPôrty is not materially altered), The Architectural Conrrol, Commíttee may waive any
standard as abovè even in the absence of an "unnecessary hardshipl,;
ttrose ¡uäiciall¡,
determined standards for granting variances under zonin! regutatiäns shall nor apply
--c.
to the
o
Aròhitectural Control Committee.
:
Each member or former.member of (he
the personal r'epresenlatívEs and heirs of each
agaÍnsl all.loss,. costs, damages and
ed against, incuired by, or.impgsed in
suit or prilceedingi inciuding crímjnal
threatened to .be.made a party by reason or
ers ræulting in 4 final determ¡nál¡on of
such m.ember. In th'e event of settlement of
ded onty iri cörinection'with such matters
common expense. Nothing in this subsectlon shall be deemed.an
indernnification of such
person with respeðt to such person's status as an
owner,'occupant or otherwise.
improvemenr,rql,'ìo'nr-
ir an
,åÌ'dJ,T;îir."ir'j,lir1'åI,',,Í;
a part of the common elemè
ium, then th'e ..Owner" ,rãf.ing approval shall
be deemed to be the assocÍation for such Condominium.
ed
Condomínium.åssóciation,,or an Owner of a
described'at clauses (2), (3) or (4) of
action will not rendeì líre Éuifaìn! or orher
the latest approved Drawings for such
shall notífy the A¡chitéctural Control
r; and (3) such Owner shall provide such
;hitectural Cont¡ol Committee reasonably
requests to assist in determining that suih result Will not cônstiiute
a mâterial differc,rce,
6,2
Àntennas. No antênna, aeriat, satefii;e dish or cable for television or
radio reception which ¡s greater than 24" in åiametér'shall be orected
or ínstalled on or in any
y Lot, Condominìum, Golf Course, park or
ions of such prôperties, except as erected or
dividual Owner with writren approval of the
ase, in compliance with Village ordinances.
-15-
Ð
(.;
ll
(.)
6.3
Minimu,m Home Size,Requirements, (a) Onfy one single-family horne
'may be constructed on each Lot. The following types of homes on L¡ts shaii have the
following .minimum sizes:
Lo.t
Numberq
Residgnce Type_
Minimu{¡t Size
Lots 28
through 87'
(except as
described
below for Lot
60):
One story \
One and one half story
1,900 square fèet' "
2,40-0 square feet (minirnum
1,400 squai.e feet on the first
Two story
Split Level
Bi-l-evel
2,400 square feet
1,900 square feet (upper two floors)
1,900 square feet (upper floor)
One story
One and one half story
2,200 sqrraie feet
2,800'square feet
1,600 square feet
2,800 square feet
2,200 square feet
2,200 squarp feet
of
floor)
Lors 15
through 26
and 88
through 153:
tl
Two story
Split Level
Bi-Level
L.at
(minimum of
on the first floor)
(upper two floors)
(upper floor)
272
One story
O¡le and one half stoiy
Two story
Split Level
Bi-Level
-16-
@
C)
1,70p square feet
2,200 square feet (minimum of
'1,200
square feet on the first floor)
2,200 square.feet
1,700 square feet (upper two floors)
1,700 square feet (upper floor)
)
Lot 60:
No minimum sizes.if improvements aie in accordahce witti those
submitted to Declarant gnd as to rvhich Declarant did not
object under dale of June 30, 1gg7,
which conclusions and åction are hereby adopted by the Arciriteqturäl
Control Committee,
:
the "upper levell' of a split-levet or bi-level
rade.'The type of resÍde¡rce and the number
'basis by the Archiiçctural Conirot Committee
þutation,.
:
6.4
Garageq. Each residence
.does
noi,face.
A
garage shall.not contaín
are feet of living area in the rgsidence as
ing must nonetheless þave at least a Z car
the kit whÍch has thê highest elevaiion,
except as permitted by
Architeotu¡al
controt'committee.
Driveways sÏalt be paved with a
.the
material acceptable to the tuchltectural control ømiii.L;and,
withií jurisdiciíonal
im
the Village
lÍmits,
6'5
Certain Exterior Features. With respect to the construction of
Building on a Lot or othe( improvement to a.l¡t:
:
(a)
!.- eltnel
. fron
-!., case on the
ln
windows,ordivÍded-lite windows are usod,
ey shall'be'uied. cin'such
windows as the Architect
lr.re,
a
of
the side and rear
snaU require
ii,i1äi3å,iiii:;ltî
merar, 30 year
ü,ilå'
Architectural Control',g1,,*J;'åînï,åiiil,"",'.,,îJïi*f
Cornmittee, with a mi.nimum jitch ratio of.l:L2, or such other pitch as
is,specifically approved by the fuchitectural còntro'l committee.
(:)
ExterÍor walls of ræidences shall be constructed of brick, stone,
.
stucco, natural materials
or engíneered wood. 'No a¡tificial stone or siding shall be permitted
At least SATo of the elevation õn the fronr side of each Euilding.on.a Lot shall be brick,.
stone, ot
stucco.
:
,::Jij:',ïÏii'ii;i ffiji:å::'j,îïn'J,",î1.ïi3'##,ïr,fl.
residence, rhe same ,Á1ì
residence's architecture as the Architecìurat Control Committee
shall approve.
-17
(
-
¡
if it
dísapproves tne
nrawilr"l,iJ,Tiå'."'::'if"::'ii;'üåi::JTlii;ff':iå,i:iliabrv
appearance to bther ¡esidçnces
in close pròxÎmity.
(Ð Exterior fireplaces
and chimneys shall be constrúcted of masonry'
stucco or stone materials. On each side of a iesidence, except for trim, exterior matcrials
shall be consistent on all levels. Color selections, and paint, stoire, stucco or other finish must
be approved by the Architectural Control Committee.
(e)
The Architectural
$ntrol
Committée shall be acting reasonabli
if ít
requires that, on Lots with.signíficant grades as detçrmìned'by the Archítectural Corttrol
Committee, portions of basement walls be exposed to allow for a moie natural transition
betweeq residences, Any such exposed basement or fpundation walls shall be covered with
plaster or other suitable rnat'erial çonsistent with.the overall,arêhitecture òf the residence.
Nð soil shall be removed fromiany Lot unless contentplaled by the
approved Drawinfs, Even if so approved, the, final grades (sometimes called a "finish grade")
of a [¡t must conform to grading plans approved by the Village.
(h)
(i)
No above-ground pools shall be installed. In'ground pools'may be
installed on a,Lot only with approval of the fuchitectur4l Control Cornmittee.
(j)
Each Lot Owner is requifed to install and energize before occuPancy
and thereafter to mainiain,,a.front yard light'post and lantprn i¡'a,style and froin a
manufacturer approved by the Architectural Control Comr¡littee from time to time. The light
post and lantern must.be (1) located,at lesst..5..feet.and.no mûro than 10 feet from the front
itreet; (2) adjacenr ro rhe äiiveway; (3) elevated to.a heiglit of at least 6 feèt; (4) fixtured with
a-high piessure sodium lamp of no móre than 50 watts; and (q) illurtrinated from-dawn to
dusk by means of a photo cell. Prior to occupancy of a residence on.a [¡t, the Owner shall
demonstrate to the Architectural Control Committee that such'light post and lantern is
connected to electrical service (paid for by such Owirer). No ownei shall tamper with such
lantern controls.
(k)
Eaeh.Lot owner ls required.to install and rtraintain a mailbox
and mailbox support post in a style, sizg, color and mater¡als, and r,vith placement on the'Lot,
all as approved by the Archítectutal Control Committee.
.
(l)
In making.dete¡rninations under súbsecdions (j) and (k), the
Archi[ectural Control C'ommittee will give priority to the goal of achieving uniformity of
aesthetiæ, but without abrogating its right to grant vaiiances or to change its aesthetic scheme
from time to time.
-18-
O..
i'.t¡
(m)'
Each Lot Owner shall maintain its [ight post and lanlern and
mailbox and mailbox post in good condition and working order, and shall cause electrical
service to þe continued to such lantern. Without limiting. thp authority of the Association
generdlly, the costs of enlorcing the covenants in subsections ü) and. (k) may be assessed.to
an offending Lot Owner as a special assessment on such Lot under Article 3. '
(n)
If Declarant, in íts discretion; installs any light post, lantern,
mailbox or mailbox post, or performs or payp for any other matter required herein.on behalf
of any Lot Ownêr, it shall nbt
any.of lhe requirements, herein as to
any other Lot or Olner and
nt tq perform ihe same.aition on any
othbr Lot, for any other Owner,
occasi'on,
be
sh¿ill
o
..
6.6
Storm
W
Deålara¡it and the Viltage have agreed
to a certain
event of a conflict between any Drawings
and such Storm
lvaté¡i Management Plan shi¡li control.
Declarant and the Associatioh shall each have the right to enter uþon any Lot at any time for
the purpose of inspection,.maintenance, correction of any drainage.condition, and the Lot
Owner is responsible for the cost thereof.
(b)
No existing live tree with a diameter of eíght inches or more at a
height of four feet above the ground shall, without approval of the A¡chitectúral Control.
Committee, be cut down¡ destroyed, mutilated, moved or disfigured. All such existing tiees
shall be protected during constructÍon and presewed by wells or islands and proper grading in
such manner as shown in approved Drawings,
ATTTICLE
7. SPECIAL FEAfIIRES
7,L'
B¡idee. A bridge will be installed over St. Andrews Boulevard to
accommodate a golf cart path relating to the Golf Course, Such bridge and the path through
such bridge shall be maintained.by the'Owner of the.Goll Couise splely.at its cost.
Occupants of the Property are prohíbited from using the bridgo"except in connection with use
of the Golf Course in accordance with the Golf. Çourse .Rules.. The Village shall maintain the
street below the bridge, but shall not have responsibility or liability for. the structural
idge except if'd4mage thereto is caused by the
ntractors. Thg Golf Course Owner shall be
d as a resült oÍ earth settlcment at the bridge
ed by use or maintgnance of the street beneath
. rldge in connection wlth is aitivities
,
7,2
Fences. The erection of a fence on a Lot is considered an inrprovement
requiring approval of the Architecturat Control Committee, and; in the case of fences on a Lot
which abuts the Golf Course, the prior express written consent of the Golf Course Owner.
The A¡chitectural Contiol Committee shall be deemed to be acting reasonably and within its
-19-
teason.
will grant a.n easement to the
plantings, street [amps, and signage in the
trywa¡l islands and improvements,are .
shall be rnalntained by the Associaiion.
e design.and contqnt thereof may not be
has or
7'4
under contract
responpible for
with
the
wilt be.suppried to the pioperty by the vi¡age
water Trust. Ñåi't¡rr. Br"larant nor the Association Ís
er Trust.
water
'Unit$, and
the,MultiFamily properry for
t and the Association can give no assurance
tt
resp.onsibility for personal injury or property
d
establishment, maiutenance or use of t¡e
ráits.
ARTICLE 8. SPECIAL PROYISIONS RELATED TÔ GOLF
COURSE
of rlre SubdiúiSion, a Conåominium
the Golf Course except in connection with the.
urse Rules. .Owners and Occupants a¡e
ccupanß
Golf Course has been designed to minimize
rse to'the [.ots, Owners and Occupants of
urrence and assume all such risk, No
retrieve golf balls. The Golf Course Owner
tion 8,2 and shall háve no tiability for repairs
golf balls or enrÍy by golfers.
20-
f i
ì
Notwi.thstanding thi foregoing, the Golf Course'Rules shall specify that gólfers ntay hot enter
Lots, a Co
Property, the Park or the Commelcial.Property; and
reasonable
be placdd on the Golf Course noting that all such areas
are ogt of'
8.3
No.Rights in Golf ,Cgurse, No.Owner except the Golf Course Owner
shall have a property right in the existence of a Golf Course, thd maintinance of the Golf
Course when constructed, or the use thereof.
. 8.4
Colf Course Mainte{rance. Golf Courôe:mainten¿iìrce]m,ay.'occui. a[ any
time of day,or night on any day of the yea.r. The Golf Courie Owner'may use certain
pesticides, tierbicides, fungicides or other compounás in ihe ordinary'routie of maintenance.
8.5'
No Pets.. .{ithout lirniting Section 8.1, no 'Pets or.other anímals are
permittei on the Golf CourSe ai any time. An/Owner violatíng this Section is subject to the
sanctions and remedies provìded in Section 5.3, which th'e Associatiqn shall impose at the
requesl of the Golf Course owner for the benefit of. the Golf Course owner.
8.6
Golf Carts. The operation of golf carts on publîc streets is prohibited .
except where crossings'are specifîcally marked on such.streets pursuant to
easements granted by the Village. The use of the paths on the Golf. &jurse will be regulated
by the Golf .Course Rules, Ño gotf carts shall be operated.on the Golf Course without the
by the Village
express prior written consent
or no
of the Golf Course Owger, which may be refused for any reasoó
reason.
ARTICLE
'
9.
INSURANCE
9,1.
Association Insurance. The Association shall obtain and maintain
comprehensive general public liability insurance for occurences on the Common Areas
(including areas which are Íncluded ín such definition by vhtue of easements granted herein)
and with respect.to Common Improvements not in the Common Areas,.all-risk casualty
insurance coverage on all Common Improvements, and such o her p'olicies and/or coverages as
the Board deems necessary or advisable
g.2
Covefage of AssJàiati-on Insurance. The casuilty insurance coverage
shall be in an amount equal to the matimurh lnsurable replacethent valüe, with an "âgreed
amount" and a "replacement cost'r endorsemgnt, wÍthout dpduction oi allowance for
depreciation. This coverage ambuni shill be annually reviewed and shall insure against loss
or damage:by fire and othcr hazards as commonly covered by a standard extended coverage
endorsement and. such other hazards as customarily covered with respect to buildings simllar
in construction, location and use. Commercial general liability coverags shall be ln such
amounts as the Board determines annually, but not less than $1,000,000 pu occurrence,
-27-
(.)
:
9.3
Pjoceeds. Association Insurance proceeds for casuatry loss shall be for
the benefit of the Assoclation in order to'fînance reconitruction of damageã Comriron
Areas ;ì
or Com.mon Improvements. Liability cóverage and.other insurance procóeds shall be applied
as the Association directs.
g.4
Çost. Alt premiums for Association Insurance qnd other insurance
obtained'by the Association shali be a common expsnse, excopt that.any increasè in the
tating
cjr premium charged fof any such insurance caused'by the chaiacter ôr iSe of a Lol, Unit,:br.
ãpartment in the'MultiFamily property shall be allóc¿te¿ solety'to Íds'owner,
.
r
f
No Owner or Occupant shall commit or
coniained il.any of the Association
or condition, unress, in the case or such increar.:iilr"åïT:1
i T3tiil',i¡å:;jïi[,J'.;jl':::l'
m payable with.ræpèct to the Association
size, desigri br compbsition of a Building,
.thís Declaration, or (3) the failure of an
Insurance requÍrements,. or (4) the faíiure of
s Declaration br the Bylaws, then the
e Associations for.the iesulting additional
is wíthout prgjudice io any other Association
ent. agaìrist thé particular property involved.
'
A-qsociation Insuranöe coverage shall
I property located.withìn or perraíning to rhe
ncluded as a standard coverage in the þolicy
ge on an Owner or Occupant, its guests,
occurrence$ within a Lot, Unit or
n any way to an Owner,s or Occupant;s
-22-
()
)
Personal ProPert)¿. lt is.the sole responsibility ot' each Owner or Occupant,.to obrain such
insurance coverages as are excluded from Asso.ciation Insurance.
is--
ARTICLD 10. AMENDMENT OF DDCI.,ARATION
10.1
'
Ge¡eral. Except as othbr{ryise provided herein, this Declaration may be
ame¡ded only by the wrltten consent of at ieast.seventy-fîvç percent,(?SVfl or rnore of the
total votes of the AssocÍation then entiiled tQ votð. An Owner's writien ðónsent is not
effectlve unless approved in writing by íts Mórtgagee; if anyt 'No amend¡ilent shall adversely
affect a specíal right or easement reserved to Declãrant or túe Golf Course Owni:r under this
.Declaration, or the rights of Mortgagees under futicle 11., or the rîghts of rthe Village under
Article 1.6, without the express written.consent of Declarãnt or Golf Course Owner, or SLTo of
the Mortgagees, or the Village, a$ the case may bè.:
10,2
P-r,lcedùres. Arneirdments shall,be irepareo .and ãxecuted by the
the Associaiion and strili becorne effectÍve whén recoided in'the,Register's
of
Office. No action to challenge
president
the yalidity of an amendmerit shall be ðommenced' more than
one (1) year after the amendment ïs recorded,
ARTICLE 11. RIGHTS OF MORTGAGE HOLDERS
11-1
N.qtice. Any Mortgage.holder,.insurer or guarÊntor of a Mortgago on a
Lot, Unit or MultiFamily Property who submîts a written request to the Association,
identifying thername..and'address of such holdet, insurer or.gqarantorand.the property
:
involved, wÍll be entitled ro timely.written notice of:.
owedbyrheowner"l^ln.r,#J,,f
îiJi?Jr'fti1iåîi',i,î-iå:n;,tï,i;l*iäï:T*"
provisions of any of The Broadlands Docunients which Is notcured by iuch Owner within
thirty (30) days of such owner's receipi of. notico,of.such'breách;
(b)
A lapse, cancellation or material modification of any Association
(c)
Any proposed
lnsurance; and
holder as specified in Article
.
I0.
iition
that requires the consent of a Mortgage
:
tl,z
ritle to a Lot,
r by a deed in
be liable for
Unit or À4ulriFamily
lieu of foreclosure fo
such property's unpaid assessmonts under this Declaration accruing prior fo the Mortgagee's
-23-
¡
íS
acquisition of title to such property (except to the exient unpaid assessments are included
in
subsequent budgäts generaliy).
ARTICLE T2. RIGHTS OF DECLANAÑT
'Reserved
L2,L
Declarant:
Rights, Pending the sale of all Lots and units by Declarant,
tnþebtion"S.i, may use the'Outlors, the
niur¡ common ele.ments, unsol( Units, and the
litãte the sale.or leasing oi Lots, Units or
g; but ¡i'ot liinirçd to;.maintaining a sates
neral office Öperation
ih any
such model home,
or homes,on other properries
þy such other þersoTf Hf;'.'l,iåî,Ëä'i1iåilÏ,H.j;il"'*
exceed 24 months from the'ddte of issuancaof ttre ceriific¿ìe of occupäncy
ttreretor; provided,
however,
rome is.used as a residence for an ú;tåJ; it ;;i ;.ì
thereafter
and (2) construction materiars shait
u. áelivered to
or stored
construction of suclr rirodel ho¡rie, "ot
(b)
.shall.have rhe ¡
and across the Golf Course, the Outlots, the
Common Areas as may be required in Decla
derv i ces, and maintenance and replacement thert
television or master antenna sowice, which easements may be. granted to itself
or its nomiqee
and as may be necessary for excavation and constructiirn bf riry Buildîngs anO.(2) grant "" '
easements upotl; ovor, through or acroSs the Common fudas for ingress and
egresú and
maintenance and replacement thereqf,'to and from, andwithín, the"property añd other real
property adjacent to lt,
.
D e cr ar
atio
n ro,
effective.
u
n
y,.Í"J
"
.J
Ti i låîî ji
: îîTil'J"îi,lHJ ïå 1"'J tråî,1äïåî
- -rr-
Jl
î,
ant reiewes the right to expand the properry,
at any time and from time to time on or prior
te of recording this Declaration, by subjeciing
to this Declaration, Bxpansion may be
s under no obligatÍon to and makes no
-24-
(.)t
^.i
tl
.(:)
¡epresenlalion thal Ít wilI in fac( gxercise its righs to expand the Property or construct
improvements thereon; parts or all of the Expansion Real Estate may be. developed for uses
other than as part of the..Property. Portions of tþe Expansion Real Estate are presently not
o.'vvned by Declarant, and are included herein only in the e'ient that.Declarant acquires an
interest therein.
12.3
Uses of F.xpansion Real Estate. The Expansion Real Estate may be
used.for any of the purposes for which any other part of the Proporty is used hereunder,
providêd that Declarant shall at the tíme of each expansion declare'whiqh uses are per.mitted
in which portions of the'Expansion Réal Estate being sutijêcted herito,"and may impose
additional conditions and limitations therçon
ch öuch.exparision, åach Owner,
Ownet in t49 Eltþansion Real Estate so
to a vote, wiih the voting interests of
;w [,ot.cleated shall.be entitled to one vote per
Lot, and each new Condominlum or MultiFamily Pioperty .shall b.e eiitîtled'to.one vote for
each 10.Unitb or apartments contairied therein
.(rounding uþ if therè are 5 or more Uhits or
apartments not prev¡busly includid in such calbulatiori). The âssesôments for edch such new
Lot, Condominium Association and MultlFamity Property durinþ the budget year in which the.
same is added to the.Proferty shall be determined on ân equitable basis by the Board. .The'
Percentage of votes'required under Seclion 10.1 shall automatically reflect such change in
Yotes as above. The number of Lots and Units spegified in Sectìons 2.3 and 6.1(a) shall be
increased to reflect the n.umbei of new Lots and Units i¡icluded with each expansion.
t2,5
Method of Expansion. Expansion shall occur upon recording in the
Register's Office an amendment to this Declaration describi'ng the'Bxpanqion,.Real Estate so
added, and the uses and limitalions on uses Declaránt deqíres tö Ue appiicaUle to such
property, and explaining the effect of such expansion in accordance with the terms hereof.
Expansion amendmerrts need þe executed only by Declarant.
Matters Relate.d to Bxpansion.
12.6
(a) Declarant reserves an eas€ment over and across the Property for
the benefit of the Expansion R I Estate for the.purposes of construction l¡gress and egress
and for the purpose of iristallat n, mäintenahce and ieplacemènt of uriderground utilities
'
servicing the Expansíon Real EState.
,
(b) If Declaiant shall determine at any time that it'is desirable to
coordinate utility services or drainage for the Expansion'Real Estate with existing utility
,services'or drainage for the Property, Declarant may connect utilitieÁ or drainage features
servicing the Expansion Real Estatê to exísting utilities or.drainage features even if the
Expansion Real Estate is not then or thereafter made a part of the Property.
25-
c.j -'
it
ARTICLE 13. R-EMEDIES FOR VIOI,ATION BY OWNER
13.1
General Rbmedieg. if any Owner or Qccupant faits to comply wíth this
D'eclaration, the Bylaws, or the Rules, such Owner or Occupant ihall be liabte foi damages,
subject to injunctive rèlief, súbject to any other remedy provided by the Bylaws, or all of the
above, as a result of such noncompliance, The Asscíciation or, in a proper case, an aggrieved
Owner,.may bring an action because of,silch noncompliance.
.
13.2
to any other remedies providetl heiein,
if
any
In addition
y with this
tinueo for a period of fifteen (15) days
ciation.shall tlav'e the right,.Uùt iot t'tre
aiirtenarice, replacemeni restoration ór
appropriate.
or
Bxpenses incurred therefor by
er.or Opcupant.and shall be subject to all
ation.wjth respect to collection, expense, late
paymeút penalties or inteiest, filing of a lien and/or föreclosure as resdrved at Article 3.of rhis
Declaration. Once the Association has tâken such.an action,'it shalt not be obiigateO to take
any other or further action with rebpect to the same, simiiar or subsequent failure by the same
or a different Owner or
Occupant.
,
ARTICLE 14. EASEMENTS
14.1
nighi or nntiy-. A right of entry to èach Lot, Condominium, Common
Area, MultíEamily.Pro
Froperfy or O.utlot is reserved to the
Association to service
ed on, in or unäet such property pÍovided
request for entry is ma
try is limited in'scopåio är tó å*rcnd only as
is rea$onably necessary to service such utility installaticins. In öase of e.mergency, entry bi
the'Association ilnto any such property may be made immediately,.whether the Owner or
Occupant of such property is or is not present and wiihout líao-ility of the Association or its
agents if such entry is nece$sary for the. safety or welfare òf persons or property. fury
damaþe or loss caused as a result of such emefgency entry shall be the sole expense of the
Owner or Occupant if, in the reasonable judgment of'those authorizing the entry, such entry
was for emergency purposes. ;
.
14,2
Easements over'I¡ts'15 through 153, the
Condominium, the
thð Commercial Property and tt're Cott Course arç
reserved to the
n for the installation ând maintenance of water
lines. Upon exetcise of is rights of'entry purbuant to'this easement, the Village shall be
required only to restore the ground Oi'stuibðO by such entrance. The Associatión shall not be
liable fo¡ any loss of play to the Goff Course; the loss of any þlantings over water lines, or
the cost of restoration of a green or fairway tô its prior playing condition.
M
Villag
-26-
o
'l'I
14'3
'comrnon Area.Eaùementq. The Association
may grant easements over
and through the comrnon Areas for suctr
pu,rposes es
as the ¡Associatioñ
¡Dou
deems re.asonable for theì
'rv
benefit of the owners.
of aöceds to install, maintain or
.. No Buildings may bþ constructed
74,6
Section 2.5 hereof,
Traíls, Declarant hereby reserves an easerïient fof the trails
described in
ARTICLE 15. TERMINATION
atlonishall be in effect for a period of 25
periods of 10 years each, unless terminated at
(if during rhe period of
of the ownsrs of at least 90Zo
effect an amendment to or
-27
(..;i
-
,l)
Iermínation of any provision hereof conferring on or-reserving a special right or easement to
Declarant or the Golf Course Owner withou[ the express writien consent of'Declarant or the
Golf Course Owner, as aþpropriate, and (B) no vote shall effect an amendment to or
terminatión of any provision of Article 16 o.r any easement'in favor pf the Village without the
express written consent of the Village. Voluntary,termination of ThÍò Declaration must be
express and shall be effective upon recording a written instrument to such effect in'the
Règister's Office.
ARTICLE 16. RIGHTS OF VILI,AOE
16,'1
The restrictións irnposed upon the
Property, and .the
tib4,anä Owners cóntained'i.¡r sections:'
4.2, 5.Í, 6.7 , 7,1, 7.3, 7.4, 10.2, ¡4,2, and 14.4 all benefit thd Víllage' and are enforceablb" by
..:.
the Village as specified in thjs
obli
Aiticle.
L6.2
Enforcement by the Village: If an obligation or restriction contained in
any of the sections listed in Section 16,1 is nôt performed or fully complied with by
Declaraht, AssocÍation or Owners (he¡einafter.collectively referred'to'as "Breach"), Village
may, but is not required to, seek the following enforcement in the following manner:
(a)
Notice. Village shall fìrst provide written notlce of the specifÏc
Breach to the entity which failed to perform said obligation or who owns the portion of the
Property where the restriction or provisÍon or obligation Ís not.being cornplied with or fully
performed (as the case may be), with copy to the Association if the Association is not the
offending party.
(b)
Remedy. If within thirty (30) days after the Village has
provided such notice, such alleged offending party has not remedied said Preach and if the
Association has not taken stepJsatisfactoryio tfr. Vittuge to remedy sàíd Breach, the Village
shall be entitled to seek any one or more of the following rernedíæ:
(1)
.Injunction. An injunction compelling the person
committing such Breach to remedy it;
(2)
Mbney Judgrnent. A mongy judgment against the person
ømmitting such Breach for'all ùonies owed to Vitlage ab'a
rêsult of the Breach including all legal and professional
cônsultinj. fees, aird costs of litigation incurred by Village in
obtaining an injunctíon br money judgment or both;
(3)
Special Assessment or Special Charge. If one or more
Owners comm[t or allow a Breach, the Village may levy either a
special assessrnent or special charge against the property owned
28-
(:)
lt
by the Owner who has committed or allowed the Breach jan
in
'anri
eipenses incurred tiy the,
and other professional
._-
hereby accept the levy of suéh
cnarge pursuant to this subsecti
rights of notíce and hearing pursuanr to TVis,
srats. g66,60(1g) or
any amendment thereto.
ARTTCLE 17. CONSTRUCTIOry AND EFFECT
17,1
frovide,
any
otherwise
and the use of
,iiit'J,:i,ii""i:l:iirîiiT::,'ff'ffi'ïill,1l,
.genders;
'
L7'2
rncllding. whenever u$ed'hereiri, the term "including,, prepeding
a rist
of one or more Ítems shall inõicate ttràt the list
contains ,xamptes of a general principle and is
not intended as an extraustivé listing-:-"
17.3
Declaration are
scope or intent
article and section headÍngs in this
rence.only and in no way define'or rirnit the
Ín
of
n of this DecJaration..or its application.ro any
nenforceablê,.the remaindpr 'o¡ tt ¡,
or any p4rt theieof, to.pcrsons or
invalid or gnenforceabie, shall not be
lon shall be valid, and enforced, to the fullest
17,5
Remq.dìçq. All.remedies herein are cumulative.
,
r, consent or approval is requíred or
; no waiver,, consenl or appioval shall be
ne matter shall not be deemed a waiver,
ether similar o¡ not.
.
_
.
Declarant may from time to time
red on or reserved herein for Ðeclarant in its
fits confe¡red on o¡ reserved for all Owners
cally identifying rhe rights and benefirs
-29_
()¡
h
t.¿
U.8
Olher Regulation. Nothing herein shall preclud.e or restrict Declarant
recording othel covenants, conditions or restrictions which further ¡egulate pörtions of the
Subdivision, a Condominium, the Golf Coursê, the MultiFamily Property or the Commercial
Property'which Declarant o\ryns at the time of recordation.
(Remainder of page is blank;
Next page is.signature page)
tf
-30-
oi.;
i1..1;
(The following signatures are applicable t0 The Declaration of
Covenants, Conditions and Restrictions of The' Bioadlands.)
5
Ocrl'"\¿c
Executed at Waukesha, Wisconsín, on.the4flth day of Septpmber, 1998.
Harmony Homes, Inc.
Biyce P.
signature of Bryce P. Styza authenticaled this
S
.5e - aay orBffi,
, State Bar of Wisconsin
This instrument was drafted by
and should be returned to:
Robert A. Teper and Hal Karas
MICHAEL, BEST & FRIEDRICH LLP
100 E, Wisconsín Avenue, #3300
Milwaukee, WI 53202-4108
l:Uf\cllcnra\41 ¡ 35\0042þea
I 298.w5211 0Æ
t/98
-31
o.
-
1998.
,
t'.1,,
.
DECI,ARATTOI..{
,
This consenl is made as of ocrober
,s
. 1g98, by Bank one, wisconsin (,,Bank,.).
Reference is rnade.to û¡a¡ ccrøin
De¡:rararion
Resrricrions or
rhe Broadrandi
ì
of covcnanrr, cono,,tons a¡d
('nï.lai.iion;j'¡;;;i,;,;iiåä
",
rerms uscd herein.
The Bank is rh-c horder of a morrgage
Ínrerest on thc Broadtqride. properry¿ and
desrres ro
confirrn (l) ire consent to rhe Dcclat.tion"
uro 1z¡, írs inrenr r'o hereby'subje* fte lien of
ics
morfgagÈ ro rhe Dcclararion
Exeo¡ed as of rhe daie wrirrcn above.
Bank One, Wisconsin
\
STATE OF wTScoNSIN
COLTNTY.OF' MILWAUKEE
\
Terry c.
¡ Vice President
)
)
ss,
)
Terr
ank
One,
..such
t
as
6d
GI$IDAf,.
l¡utìilrc¡r¡l{
I I Jt$^r{:lJl,rtJ I èl
(."J
'
t'ta
2002
er
ll'i
r
ÞECL¿,f{ATIQN
This consenr ís made as of
ocrob.t
6
. I99g, by sr. Francis Bank, FSB.(,,Bank.).
Ret'erencr is made Io;th4¡ cenaln DeclararÍon of Covenants,
Condirions and
Restricdorts of Th.e Broadla¡rds ("Declararionl') fôr
thc meaning of rerms used hciern.
The Bar¡k ls the holder_of a mortgage in¡erest on the oolf course,
and tlesíres ro
(I) i¡s c'onsenl ¡o the Dcclaratioñ inr (2) irs lnrcniro hcreby suuj."iitr¿
tien or l*
mongage rô the Dcclaration:
conlirm
Execured as of rhe dare wrinen above.
St. Fiancis Bank, FSB
STATE OF \ryISCONSIN
COUNTY OF MILWAUKEE
)
) ss
Ma-F r.
V;.e-
Prcsi,**
)
,
came bcfore me ¡his
,hú, day of Oøober, 1998, above nam¿d
\t
who ackrtowledged hÍrnself ro be rhe
'eeof Sl.
Francís Ban-k, FSB, and ro me known ro bc the person
who executed the foregoing .insrrumenr
as such offìcer of srch. corporadon, by .irs..au
thorìly, and acknbwledged lhe sam¿.
f.
My Commission:
L\rf\fl Ê0r¡\N I Jr\ûx2U,iD{}j?.w5Z{prrltú
(.i
(. ),
ro,ouPðTfäåN
oF
.s
covENANTS, CONDtTIo¡rs AND RESTRICTIONS
OF
THE BROADLANDS
he Broadlands (including Lots, Outlots, and
1/4, NW 114 and slv,t/4 or tnè sp'1/a, anà
e NE 1/4 of Èection 36, T 6 N, R 1Z E, and
he NE U4, SE 7¡l4 and NTV 1/4'of the
T-8 N., B IB E, all being in rhe Village
ed'in the OffTæ of ihe'Register of
a!.Ð,1998.in Vol.48, pageZ4S et qeq,, as
N.
Sù
of
.,{ll¡ôal ppperty.bhown.on Certífied Survey Maps
(including lots, Ourlo.ßr
priUtic streets), being'a prit of
Ll4 of the SE 1/4, and the NE y4, SE.y
;-NW 1/4 ánd
T 6 _S R 18 E, and the sE 1/4 and sW ti+ ot the Nw tl4
the SB Il4 and S\# Ii4 of
Section'36, T 6 N, R-17 E in
recorded in the office of
1ee8 in, ,.,pr.ti"rìj, vot.
-{
the
the
?5,
and g545 .,
1/4 and SV/
f
lt|
b;ú;ïi,
R 18 E, and
of
and NW
ofrhe SE Ll4
ukesha county, lÃ/isconsin,
tiTI;
illiiï*,
on Mav 27,
A
(-¡'
EXHIBIT B
TO DECLARATION OF
covENANrs,
coNDrrroñf Aïn ibsrrucrr
OF
Parcel
oNS
1:
.'Northwest
that part of the Northea st U4,Southeast l/4
114 of section
Waukesha County, Wf.on¡in,
li i;;äñor*,,
U".i,
'yf,i.ñi,
1/4 of the
qth PrairÍe.,
tion'aforesaid; thence Norrh 00,
edescribed parcel contains
Parcel 2:
A tract of land in the Northeast Il4
ofsectipn 31, Town 6 North, Range
lg East, in the Town
ñ;;h
É;ñi., cou,,ty ;; ïv;;;ii;ï'rt;-l';,,ir""ili,¡n,
;lrïl,'.ffi,lå iiî,",,,Ji. "r
bounoeo,
Commence at the eæt 1/4 corner
of said Section:
(..
I
r, ]
I
As of the date of recordation, Declarant
owns no interest.in parcel 2, but
is included herein
that if Declarant
irir;;ril;;iii'*"u become aitparr
of the
;i#,I;",ice
^"dil;;,
O
oo 09!26 FÀI, I zirz 54i: J(tü0
WI 1ITLE
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td 00¿
t'
es6f3ÈFa._
a,t
,åüfiËilËlåsrfffil'8,
REIT]RDED 1]N'
06-+0+0øø 9r4.? AH
'"H8lhÈh
HÊeBLA$g'*
'
This'Fir$ .Aåicndmcot to Dectaration of Covcoa$s,
ConditÍôus mdR.eshíctiois of Tt€Bm¡,{Imds'is '.iids
200Q by llæruou.,l.Homes, Ino. (Deeþanf
hne
$.-
a.t
).
of
:
I
I
\
al¡çoperV deisríbed'
Cspitalized t¿rm $ rxqd.
ihall bavo tho memìngþ
I
t
i
I
I
I
ln Scction 12.2 of theDcolaration, Dcclutantrpserved the
ríght to expand the Piopedy, and Dçclarmt desÍres t,o do so
lô:
Iticdriú IJtr
Ùfioh.tÞl
I 00 Esst VlÍscmsin .Avenue
Mlta¡¡kcq Wisco¡eh 53202
Key No. r-'.ùRt"l 1562;983-001
he¡ein.
I
Now, thercfórc, Declarant hereby fmends the DeCia-¿tion to expaad the Pmperty on the
ter¡ns aud' conditions'set fo'rth belcrq¡:
i
I
I
\
1.
E*pmsìo+ Tho rcal prdpc¡ty desøibed on thc attåúed Eúibit A (the
'E¡çansicrn Rcsl Estato') is hc.reby suþjcot to thq Dcclaration, ou the t¿r¡rs and conditiors set
fo¡th hereiu. For zuch purpose, the ftIlowíng dcfinitions in the Dælaration a¡o høeby ame¡rdod
ia orderto l¡clude thn E4pansío¡Real Esbatc:
Section'I.Z9 - Tho Pmpgtf,sball include the BxpansiouResl Estate.
Seotion 1.28 - Th'oP¡at s:båIl.Íncludc the Pl¡t of thoE¡cpasionRealEsùrte.
Scction 1.I9 - â. Lot sball i¡cludc Lots sÊowa on thc Ptat oftc Expalsic'a Real Ëst¡te.
Section l,U - Outlots sha[ íúhdo Outlos as showu on the Plat oitho Expo¡.lon Re¿l
Eståte.
.
,
Alt of the deiìnìtioas. are deemed modified ln o¡der to bs consistent with the i¡tenr hcreof
2.
' Pqrmitte4 tTse, The Lot ¡¡d the Bxpansion Real Estate uhall be used in'
acco¡dance with Seotíon 5.1(a) of üe Declaration
3. Mí+irntm HqFrg Síze Requíreme-ntr. Homes on I¡ts Ín ûc Expaasion Real
,Estate sb¡ll
bave the saqns minimrm
sízes æ thoso on
6,3 (a)
of the l)ecla¡ation
4.
F-ffætive Erna¡rsiotu Effective
^A:rrenduicnÇ each owner
vith tha dstc of recordatiou oftbjs First.
of aLot'in tho B¡pa.usiouReal Btate stall be a rnember of tht
1
e)
l¡ts 15 tiuough 26 as såt forlh in Scction
\4.?
/y&
Oø/'A\/ûO 09:27
FÀ-tr
I
¿bz
6,ll
ðoöo
HI
I¿J U U¡,
'T'ITLE
.4,sspoiatí'on entÍtled to a òne vote appurtenÂnt b åach Lot ín the Errpansion Rcal-BsÞtg subject
to thc provislo¡x on urembcrshfp aid votíng i¡r thc Dcclaratioir and tho Bylaws. Thc assessme¡ts
for each new lot tn the Expanstòn Real Estatc during the su¡reut budge year shatl be determincd
on an equttabls b¿sis by the Boar$.
5.
FurtherFxpa¡sioo. Tïe ¿
ecçaruion oftho Property, and
oxtentPErmitteduudsr section 12.2 of the D¿cl
wa.narty, however, that ít will in fact cause'auy ftutlier e4pansion of the Property'
Declarqut
'Executed as of the date
t
fiçtwitten.atove.
HamronyHoues, Inc.
Sigrlafi rrcûf Bryce
*€t¡rz a æthectieated-æsfJune-!;5+æe.
Robe*:A"Tcptr
STATE OF WISCONgIN
sg
This i¡sfrument was dra.fted by
and should'be ¡eturned to:
Hal Karæ, Esq. aud Robert A. Tepcr, fsq.
Michasl Best & Fried¡ich LLP
100 B. 'WïscousÍn Avcnue, Suite 3300
Milwaukce, lilI53202
(414) Z7 l-6s60
COUNIY OF T.IÀUKDSHÀ
Perèonallyca¡rte ,before no thf s 15th êay of June,
2000, .ehe abovi naned.,Bryce P. 6t'!za' t{ho
aclmowlôdjedl htmself bo be tha President of
Hangony Homes, rnc.., E¡fl.bû me known to be the
perJon whq oxecuùed the foregoJ'ng InsÈrunent
ãs such, offL
of such cor¡Þratlon¡ bY lts
thè sane.
a
My
T:rÊ1.1
ENT¡VI tlJ\00.{IU000)5
¡
con
-GlfrÉa R.
T), 2002
9
ÊIEII}AR
2
ÉÞ
og/Il/o0
09: 27 F.{X
r
I
262 S42
J0O0
II'I TITLE
¡'
BXI{IBITA
(Expansion Real Estare).
Thc Broadlands i\dd'n No. l, Lots tr54 through 1g2, being a part of the NE
%, l'rw y^, sE % and sv/ % of the Nlv % of sãotion'g r,
16l.I, nlgE; in the
Village of North Prairie, \farikesha County, Wisconsín.
Õ
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