- JUMP TO SECTIONS
Declaration of Restrictions Amendment 1 Declaration of Water Trust Exhibit A - Legal Description
BYLAWS
OF
WESTCHESTER LAKES HOMEOWNERS
ASSOCIATION, INC.
PREAMBLE
The following are hereby adopted as the Bylaws of
Westchester Lakes Homeowners Association, Inc.
All present and future Owners, mortgagees, lessees and
occupants of Lots and their employees and any other persons who may use the
facilities of the subdivision located in the City of Mequon, Ozaukee County,
Wisconsin (hereinafter "Subdivision") in any manner are and shall be
subject to the Declaration and all amendments to the Declaration, the Articles
of Incorporation, these Bylaws and all rules and regulations made pursuant
hereto and any amendments hereto. The acceptance of a deed of conveyance or a
mortgage or the entering into of a land contract or lease or the act of occupancy
of a Lot shall constitute an agreement that the provisions of the Declaration,
the Articles of Incorporation, and these Bylaws (and any rules and regulations
made pursuant to those documents), as they may be amended from time to time,
are accepted, ratified, and will be complied with.
These Bylaws shall be deemed covenants running with the
land and shall be binding on the Owners, their heirs, administrators, personal
representatives, successors and assigns.
ARTICLE I
NAME, ADDRESS AND PURPOSE
The name of the corporation is WESTCHESTER
LAKES HOMEOWNERS ASSOCIATION, INC. (hereinafter "Association"), which
is a nonstock, nonprofit corporation organized and existing under the Wisconsin
Nonstock Corporation Law, Chapter 181 of the Wisconsin Statutes. The initial
principal office of the corporation is c/o Republic Development, Inc.,
ARTICLE II
DEFINITIONS
The
terms used in these Bylaws shall have the same meanings set forth in Section
1.01 of the Declaration.
ARTICLE III
MEMBERSHIP, VOTING AND MEETINGS
3.1 Membership.
The corporation shall have one class of voting
Membership, the rights and qualifications of which are described as follows:
(a)
Each
Lot Owner shall automatically be a member of the Association and shall be
entitled to one membership and one vote for each Lot owned, with ownership of a
(b)
Association
membership and voting rights shall be appurtenant to each Lot and shall not be
as signed, conveyed or transferred in any way except upon transfer of an
ownership interest the Lot and then only to the transferee, nor shall
membership or voting rights be retained except upon retention of an ownership
interest in the Lot. Any attempt to make a prohibited transfer or retention or
such rights shall be null and void.
(c)
Notwithstanding
any provision 1n the Declaration or these Bylaws to the contrary, the Developer
shall be entitled to one membership and one vote for each
3.2 Membership list: Notices.
(a)
The
Association shall maintain a current Membership List. Each Lot Owner shall
furnish the information necessary for the Association to maintain such
Membership List. Necessary information shall include the name and current
mailing address of each Lot Owner.
(b)
All
notices required to be given to a Lot Owner shall be deemed to have been duly
given: at the time of personal delivery to the Lot Owner or the Home of the Lot
Owner; or 48 hours after mailing with in the State of Wisconsin by regular or
certified mail to the Lot Owner’s mailing address shown in the Membership List.
Notice to one co-Owner of a .Lot shall be deemed effective notice to all other
co-Owners of such
(c)
Upon
transfer of a Lot, the Association shall, as soon as possible thereafter, be
given written notice of such transfer, including the name and current mailing
address of the new Owner or Owners, date of transfer, and any other information
about the transfer which the Association may deem pertinent, and the
Association shall make appropriate changes to the Membership List effective as
of the date of transfer.
3.3 Association Meetings.
(a)
Written
notice of all meetings of the Association stating the time, place, and purpose
for which the meeting 1s called shall be given by the President or Secretary to
each Lot Owner not less than 5 nor more than 30 days prior to the date of such
meeting; provided, however, that notice of any meeting may be waived in writing
before or after the meeting.
(b)
The
annual meeting of the Association shall be held in June of each year for the
purpose of electing officers and transacting any other business authorized to
be transacted by the Association. The Board shall select
the specific date, time and place of the annual meeting for a given year and
shall furnish written notice to each Lot Owner in accordance with Section 3.2.
(c)
Special
meetings of the Association shall be held whenever called by the President or
two officers; however, such meetings must be called upon receipt by the
President of a written request signed by Owners with one-fourth or more of all
votes entitled to be cast.
(d)
A
quorum for meetings necessary to conduct Association business shall consist of
Lot Owners, present in person or by proxy, representing a majority of all votes
entitled to be cast.
(e)
The
act of a majority of the votes at any meeting at which a quorum is present
shall be the act of the Association, unless a greater percentage is required
under the Declaration or these Bylaws.
(f)
If
a quorum is not present at a meeting, no business of the Association shall be
transacted; however, the majority of votes present (in person or by proxy) may
adjourn the meeting from time to time without further notice if such adjourned
meeting at which a quorum is present is held within 15 days of the meeting
originally noticed. If a quorum is present at such an adjourned meeting, any
business may be transacted which might have been transacted at the meeting as
originally noticed.
3.4 Powers of the Association.
(a)
Without limitation, the Association shall have the following powers in addition
to any others which may be necessary or incidental to performance of any duties
or powers of the Association specified in the Declaration or these Bylaws:
1.
to
levy and enforce payment Assessments on the Lots and against Lot Owners; of General
and Special
2.
to
enforce the Declaration or these Bylaws;
3.
to
purchase, sell and convey Lots (including the improvements thereon) incident to
foreclosure of a lien for any assessments and to acquire real estate as
additional Common Area;
4.
to
enter and execute contracts, deeds, mortgages and documents on behalf of the
Association which relate to any Common Area or improvements therefore;
5.
to
incur indebtedness on behalf of the Association and to execute drafts and other
negotiable instruments;
6.
to
employ the services of any person, firm, or corporation to maintain the Common
Areas and Limited Common Areas or to construct, install, repair or rebuild
improvements thereon;
7.
to
acquire, sell, transfer or exchange goods, equipment and other personal
property or fixtures in the name of the Association for the operation of the
Association;
8.
to
commence, prosecute, defend or be a party to any suit, hearing or proceeding
(whether administrative, legislative or judicial) involving the enforcement of
the Declaration or these Bylaws or otherwise involving the exercise of any
powers, duties or obligations of the Association;
9. to adopt Rules and Regulations for the management, operation, use and enjoyment of the Common Areas and limited Common Areas, including fines or penalties which may be enforceable by Special Assessment against any Lot Owner or his/her family or guests violating such Rules or Regulations; and
10.
to exercise all
other powers necessary to maintain the Common Areas and limited Common Areas
and operate the Association for the mutual use and enjoyment of all Lot Owners.
(b)
The President, together with one other officers of the Association, is
empowered to negotiate, execute and enter contracts, agreements and other
undertakings or documents of any kind on behalf of the Association necessary or
incidental to exercise of any powers or obligations of the Association or of
the Board under the Declaration or these Bylaws.
ARTICLE IV
BOARD OF DIRECTORS, ARCHITECTURAL CONTROL BOARD AND OFFICERS
4.1 Management of Association by the Board.
(a)
The
Association and its business, activities and affairs shall be managed by the
Board (which shall consist of. all the officers of the Association). The Board
shall exercise and perform, in addition to the powers, duties and obligations
specified in the Declaration or these Bylaws for the Board, all powers, duties
and obligations of the Association (except to the extent the Declaration or
these Bylaws may otherwise expressly require the prior vote of the Association
on a particular matter). Notwithstanding any other provision of the Declaration
or these Bylaws to the contrary, Developer shall be entitled to appoint all
officers of the Association until such time as 80 percent of all present and
future platted Lots in the Subdivision have been sold and fee simple title
conveyed by Developer (at which time, all officers of the Association shall be
elected by the members of the Association).
(b)
The
Board may appoint committees consisting of one or more Lot Owners to make recommendations
to the Board or the Association on any matter.
(c)
No
person shall receive any payment for services rendered as an officer of the
Association or as a member of any committee unless specifically authorized by
prior resolution of the Association. The Board may reimburse out-of-pocket
expenses incurred by an officer or committee member in the performance of
his/her duties.
(d)
No
member of any board or committee or officer of the Association shall be liable
to any Lot Owner or to any other party including the Association for any loss
or damage suffered or claimed on account of any act, omission, error or
negligence of such board or committee member or officer, provided such person
acted in good faith, without willful or intentional misconduct.
(e)
All
decisions of the Board on any matter (including, without limitation, decisions
under Section 2.03 of the Declaration) shall be enforceable against any Lot
Owner if made in a good faith exercise of the judgment or discretion of its
members so long as such decision is not clearly in conflict with the express
provisions of the Declaration or these Bylaws. Any Lot Owner or other person
seeking to avoid, set aside or challenge any such decision of the Board shall
have the burden of proof to establish that such standards were not met at the
time the decision was made.
4.2 Architectural Control Board.
(a)
All
Officers of the Association then in office shall be members of the
Architectural Control Board and no other person may be a member of the Board.
Each member of the Board shall serve and hold office until a successor is
elected or appointed to such office.
(b)
The
Board shall initially consist of the person(s) appointed by Developer as
President, Vice-President, Secretary, and Treasurer of the Association to hold
office until successors are appointed by Developer or elected by the
Association. Except for officers appointed by Developer, a person must be a Lot
Owner or co-Owner of a
(c)
Any
officer and member of the Board (other than an officer appointed by Developer)
may be removed from office with or without cause at any regular or special
meeting of the Association by a majority vote of all Lot Owners and a successor
may then be elected at that meeting .to fill the vacancy thus created or at a
special meeting thereafter called for that purpose. Any officer appointed by
Developer may be removed at any time by Developer and a successor may then be
appointed by Developer.
(d)
Vacancies
in any officer position and on the Board (caused other than by removal under
Section (c) above) and newly created officer positions resulting from an
increase in the number of officers shall be filled by a majority vote of the
officers then in office and each person so elected shall serve until a
successor is either appointed by Developer or elected at the next annual
meeting of the Association.
(e)
An
annual meeting of the Board shall be held immediately after the annual meeting
of the Association. No notice of the annual meeting of the Board shall be
required.
(f)
Regular
meetings of the Board shall be held at such times and places as the Board
determines by resolution to be appropriate and no notice of regular meetings
shall thereafter be required.
(g)
Special
meetings of the Board may be called by any officer on three (3) days prior
notice to each officer, given orally or in writing.
(h)
Before,
at, or after any meeting of the Board, any officer may (in writing) waive
notice of such meeting and such waiver shall be deemed equivalent to the giving
of notice.
(i)
For
all meetings of the Board, a quorum necessary to transact business shall
consist of a majority of the officers and the act of such majority shall be the
act of the Board. If there is less than a quorum present at any meeting of the
Board, no business shall be transacted; however, the majority of those present
may adjourn the meeting from time to time without further notice if such
adjourned meeting at which a quorum is present is held within 15 days of the
meeting originally scheduled. If a quorum is present at an adjourned meeting,
any business may be transacted which might have been transacted at the meeting
as originally noticed.
(j)
Any
action of the Board authorized under the Declaration or these Bylaws may be
taken upon the unanimous consent of all officers without a meeting.
(k)
The
Board may require that some or all officers and/or employees of the Association
handling or responsible for Association funds furnish adequate fidelity bonds,
the premiums for which shall be paid for by the Association as a common
expense.
4.3 Officers.
(a) The
Officers of the Association shall be:
(b) All officers shall be elected annually by the Association if not subject to appointment by Developer. Each officer shall hold office until a successor is duly elected or until death, resignation, or removal, whichever first occurs. No person may hold two or more offices at anyone time, except that officers appointed by Developer may hold any number of offices.
ARTICLE V
OPERATION OF THE PROPERTY
5.1 The Association.
The Association. acting through the Board of Directors. shall be responsible for administration and operation of the Subdivision. in accordance with the Declaration. the Deed Restrictions. the Articles of Incorporation. the Bylaws. and the rules and regulations established hereunder.
5.2 Common Expenses and Assessments
Against Lots and
(a)
The
Board shall pay or arrange for payment for all costs. expenses and liabilities
incurred by the Association out of the proceeds of assessments which shall be
made against the Lot Owners and their Lots.
(b)
"Special
Assessments" may be made and levied by the Board against a particular Lot
Owner arid. his. her or their
(c)
"General
Assessments" may be made and levied by the Board equally against each Lot
Owner and his. her or their
(d)
The
Association shall maintain separate books and records for General and Special
Assessment accounts of the Lot Owners. as may be necessary, provided that all
funds received from either assessment may be commingled and thereafter
disbursed to pay any costs or expenses incurred by the Association which would
be subject to General or Special Assessment.
(e)
Notwithstanding
the provisions of Section 3.10 of the Declaration, Developer shall not be
responsible for any assessments levied against any platted Lot prior to a sale
of such
5.3 Payments
of Assessments.
(a)
Each
Lot Owner shall promptly pay, when due, all General and Special Assessments
levied by the Board against such Owner and his, her or their Lot, together with
all costs, expenses and reasonable attorney fees incurred by the Association in
collection of any delinquent assessment(s). All assessments shall become due as
the Board may determine appropriate (in a lump sum or in installments with or
without interest). Time is of the essence with respect to all payments.
(b)
All
co-Owners of a Lot shall be jointly and severally liable for all General and
Special Assessments levied against the Lot, regardless of the type of tenancy,
estate or interest in the Lot (whether as joint tenants, tenants-in-common,
land contract purchaser(s) or seller(s), or otherwise).
ARTICLE VI
AMENDMENTS
6.1 Change in Bylaws.
These Bylaws may be altered or repealed and new Bylaws may be adopted by the Lot Owners at any meeting called for such purpose by an affirmative vote of sixty-seven percent (67%) of all the votes entitled to be cast.
6.2 Rights of Developer.
No
amendment of these Bylaws shall alter or abrogate the rights of Developer as
contained in these Bylaws.
ARTICLE VII
MISCELLANEOUS
7.1 Record of Ownership.
Every Lot Owner shall promptly cause to be duly recorded or filed of record the deed, lease, assignment or other conveyance to him or her of such Lot or other evidence of his or her title thereto, and shall file such lease with and present such other evidence of his or her title to the Board, and the Secretary shall maintain all such information in the Membership List of the Association.
7.2 Indemnity of Officers and Directors.
Every person who. is or was a director or an officer of
the Association (together with the heirs, executors and administrators of such
person) shall be indemnified by the Association against all loss, costs,
damages and expenses (including reasonable attorneys' fees) asserted against,
incurred by or imposed upon him or her in connection with or resulting from any
claim action, suit or proceeding, including criminal proceedings, to which he
or she is made or threatened to be made a party by reason of his or her being
or having been such director or officer, except as to matters as to which he or
she shall be finally adjudged in such action, suit or proceeding to be liable
for negligence or willful misconduct. In the event of a settlement,
indemnification shall be provided only in connection with such matters covered
by the settlement as to which the Association is advised by counsel that the
person to be indemnified has not been guilty of negligence or will full
misconduct in the performance of his or her duty as such director or officer in
relation to the matter involved. The Association, by its Board, may indemnify
in like manner, or with any limitations, any employee or former employee of the
Association with respect to any action taken or not taken in his or her
capacity as such employee. The foregoing rights of indemnification shall be in
addition to all rights to which officers, directors or employees may be
entitled as a matter of law. All liability, loss, damage, costs and expense
incurred or suffered by the Association by reason or arising out of or in
connection with the foregoing indemnification provisions, to the extent not
covered by insurance, shall be treated and handled by the Association as common
expenses; provided, however, that nothing contained in this section shall be
deemed to obligate the Association to indemnify any Lot Owner who is or has
been an employee, director or officer of the Association with respect to any
duties or obligations assumed or liabilities incurred by him or her under and
by virtue of the Declaration, the Act, the Articles and Bylaws of the
Association, as a member of the Association or Lot Owner of a Lot covered
thereby.
7.3 Subordination.
These Bylaws are subordinate and subject to all provisions
of the Declaration which shall control in case of any conflict.
7.4 Interpretation.
(a)
In
case any provision of these Bylaws shall be held invalid, such invalidity shall
not render invalid any other provision hereof which can be given effect.
Nothing in these Bylaws shall be deemed or construed to authorize the Association
or Board to conduct or engage in any active business for profit on behalf of
any or all of the Owners.
(b)
These
Bylaws shall be construed and interpreted in favor of restricting the use of
each Lot consistent with the purposes hereof and any ambiguity shall be
resolved against any Lot Owner who installs any structure or engages in any
activity not clearly authorized under these Bylaws or approved in writing by
the Board.
DECLARATION OF RESTRICTIONS AND HOMEOWNERS ASSOCIATION
FOR
This Declaration is made this 16th day of October, 1989 by Republic Development, Inc. (hereinafter called "Developer").
RECITATIONS
WHEREAS,
Developer owns all those lands located in the City ,of Mequon, Ozaukee County,
Wisconsin, described on Exhibit A attached hereto (the
"Subdivision");
WHEREAS, upon approval of the final plat for
WHEREAS,
Developer desires to subject the lots as platted within the Subdivision, as
well as all other portions of the Subdivision, as expanded from time to time
(except dedicated streets and utilities), to the conditions, restrictions,
covenants, reservations and easements hereinafter set forth, for the benefit of
the Subdivision as a whole and for the benefit of each Lot Owner;
DECLARATION
NOW, THEREFORE, Developer hereby declares that the real
estate described on the attached Exhibit A and all portions thereof (except for
dedicated streets and utilities) shall be used, held, leased, transferred,
sold, and conveyed subject to the conditions, restrictions, covenants,
reservations and easements hereinafter set forth, which shall inure to the
benefit of and shall pass with each Lot as covenants running with the land and
shall apply to and bind all successors in interest, users and owners.
DEFINITIONS, PURPOSE & USE RESTRICTIONS
1.01 DEFINITIONS.
a) "Association" shall mean the Westchester Lakes Homeowners Association, a nonprofit, nonstock homeowner's association, created under this Declaration.
b)
"Architectural Control Board," the "Board," or "ACB" shall mean the officers of the
Association appointed or elected in accordance with Section 3.07 of this
Declaration who shall serve as members of the Architectural Control Board and
shall operate and manage the Association as a Board of Directors.
c)
"Common Area" or "Common Areas" shall mean any outlot or
other area within the Subdivision which is not a Lot as identified in this
Declaration or on the subdivision plat, and includes, without limitation, all
such areas conveyed by the Developer to the Association and any dedicated
street or other dedicated area for which the City has not assumed
responsibility for maintenance, it being understood that boulevard islands may
be dedicated to the City but maintained by and at the expense of the
Association.
d)
"Limited Common Area" or “Limited Common Areas" shall mean any outlot
or other area within the Subdivision, as identified in this Declaration or on
the Subdivision Plat as reserved for the exclusive use of one or more but less
than all of the Lot Owners.
e)
"City" shall mean the City of
f)
"Developer" shall mean Republic Development, Inc., a Wisconsin
corporation, as well as any successor-Developer.
g)
"Family" shall mean one or more persons related by blood, marriage or
adoption who are living, sleeping, cooking and eating on the premises as a
single housekeeping unit and shall exclude any person or group of persons where
three or more are not so related or engaged as household employees.
h)
“Home” shall mean a residential building designed and used as a dwelling for
one Family (which shall not include any attached garage).
i)
"
j)
"Lot Owner," "Lot Owners" or "co-Owners" shall
mean the holder(s) of a legal or equitable ownership interest in fee simple
record title to a Lot, regardless of the type of tenancy or estate, and shall
include land contract vendees and vendors but shall not include the holder of
any leasehold interest or any mortgage or consensual lien prior to acquisition
of legal or equitable title.
k)
"Property" shall include a
l)
"Section" shall mean all those provisions within a numbered heading
of this Declaration.
m)
"Structure" and "improvement" shall be synonymous and shall
both mean and include any and all of the following, regardless of whether
temporary or permanent in character or intended use: building, outbuilding,
shed, booth, garage, car-port, or above ground storage facility; tenant;
exterior lighting or electric fixture, antennae, tower, pole, or bug control
device; fence, retaining or other wall, fountain or above-ground or in-ground
swimming or wading pool; plantings; driveway, sidewalk or walkway; pet kennels
or run line; screened or other type of porch, patio or gazebo; tree house or
other exterior play equipment including skateboard ramps; berms and swales; and
any other type of equipment or facility for any decorative, recreational or
functional purpose of any kind (including, without limitation, additions or
alterations to or deletions from any of the foregoing) not located and ensealed
entirely below ground level, unless located entirely within the exterior
perimeter walls of the single family building constructed on the Lot. Use of
the phrase "structure or improvement" or any other use of such words
shall not imply different meanings for such terms.
n)
"Subdivision" shall mean the lands described on the attached Exhibit
A, excluding lands now or hereafter dedicated to the City, and including such
contiguous parcels of real estate as may be acquired by Developer from time to
time and declared by Developer to be a part of Westchester Lakes Subdivision
under an instrument executed by Developer and recorded in the office of the
Register of Deeds of Ozaukee County, Wisconsin
o)
"successor-Developer" shall mean any person, firm or entity which
expressly assumes in writing all then remaining obligations of Developer to the
City under certain Development Agreements recorded in the office of the
Register of Deeds for Ozaukee County, Wisconsin, as Document No. 421875
(as may be amended) relating to development of the Subdivision or portions
thereof.
1.02 GENERAL PURPOSE.
The general purpose of this Declaration is to help assure that the Subdivision will become and remain an attractive residential area and in furtherance of such purpose: to preserve and maintain high aesthetic standards for all improvements. as well as the natural beauty of certain open spaces and Common Areas and Limited Common Areas within the Subdivision; to help assure the best use and most appropriate development and improvement of each Lot; to protect owners of Lots against use of surrounding Lots which may detract from the residential value or enjoyment of their Property; to guard against the erection or maintenance of garish or poorly designed or proportioned structures; to obtain a harmonious and aesthetically pleasing blend of materials, structures, and color schemes; to insure a residential development of the Subdivision consistent with high aesthetic standards and the purposes for which each such Lot is platted; to encourage and secure the erection of attractive residential structures with appropriate locations on the Lot; to prevent installation of improvements which may adversely affect the aesthetic appearance of a lot or surrounding area; to secure and maintain a proper spatial relationship of buildings, structures and other improvements; and to otherwise secure mutual enjoyment of benefits for owners and occupants of residential property within the Subdivision.
1.03 SINGLE
FAMILY USE: GENERAL RESTRICTION.
a)
Each
b)
Only one Home may be constructed on each
c)
Each Lot and all front, side, and rear yards shall be maintained by the Lot
Owner so as to be neat in appearance when viewed from any street or other Lot
and, if not properly maintained, the Association may perform yard maintenance
and charge the costs thereof to the Lot Owner and levy a Special Assessment
against the
d)
No
1.04 USE AND
MAINTENANCE OF COMMON AREAS.
a)
All Common Areas shall be used as open space for the benefit of the Subdivision
and not for recreational or other activities by any Lot Owner unless previously
approved by the Board (which approval, if given, may be revoked at any time).
Outlots are common areas.
b)
Any signs, monuments or structures constructed by Developer or the Association
on any Common Areas shall be properly maintained by the Association. The
Association shall also maintain all other Common Areas so as to be neat and
attractive in appearance. No Lot Owner shall erect any Structure or improvement
in the Common Areas.
1.05 USE AND
MAINTENANCE OF LIMITED COMMON AREAS.
a)
The Plat of
b)
All of the Limited Common Element Lot Owners shall have a mutual easement of
use and enjoyment over and across Outlot 5 and such easements shall be
appurtenant to and shall pass with the title to the Limited Common Element
Lots.
c)
The Association shall administer, manage, operate, control, maintain and repair
Outlot 5. The costs for the maintenance and repair of Outlot 5 shall be the
responsibility of the Limited Common Area Lot Owners and the Association may
separately assess those lot owners for such costs and maintenance. The
Association may, from time to time, adopt or change rules or regulations
governing the operation, maintenance and use of Outlot 5. Such rules or
regulations shall be designed to facilitate and encourage the peaceful use and
enjoyment of Outlot 5 by the Limited Common Area Lot Owners, without unduly
interfering with the peaceful use and enjoyment of the other Lots and Common
Areas of the Subdivision. All of the Limited Common Area Lot Owners, their
families and guests shall abide by all such rules and regulations.
1.06 RESTRICTIONS
ON USE OF RECREATIONAL VEHICLES.
Recreational
Vehicles (which shall include snowmobiles, trail bikes, travel trailers and
vans, motor homes, and dune buggies and other off-street motorized vehicles of
any kind) nor trucks shall not be parked, kept or stored on any Common Area or
undeveloped area of the Subdivision, nor shall any such Recreational Vehicle or
truck be parked, kept, or stored on any Lot outside an enclosed garage, without
the prior approval of the Board (which may be withheld on the basis of
aesthetics if for no other reason). Such Recreational Vehicles shall not be
used or operated on any
1.07 ANIMALS AND PETS.
No
livestock, poultry, reptile, or other animal of any kind shall be raised, bred
or kept on any Lot, except that dogs, cats, and other normal household pets (as
may be approved by the Board from time to time) may be kept so long as not
kept, bred or maintained for any commercial purpose or in an unreasonable
number or manner. The right of any Lot Owner to keep such a pet on any
1.08 GARBAGE
AND REFUSE.
No
1.09 DEVELOPER
LANDSCAPING: EASEMENTS: MAINTENANCE BY
In
order to preserve the natural amenities of the Subdivision and to provide for
the enhancement of property values for the benefit of the Subdivision as a
whole and for the benefit of each Lot Owner, Developer has created a master landscape
plan as shown on the Plat of Westchester Lakes Subdivision and in the plans and
specifications of Westchester Lakes Landscape Plan by Ewald Toldt Design
Landscape dated 10-16-89 (hereafter "Developer Landscaping").
The developer Landscaping may include various hedge and screen plantings,
berms, trees, shrubbery and related landscaping which are to be constructed by
the Developer on certain Lots in the Subdivision. The master landscape plan
also includes the construction of improvements and landscaping for the
entranceways to the Subdivision as shown on the plat of Westchester Lakes
Subdivision and in the plans and specifications of Westchester Lakes Landscape
Plan by Ewald Toldt Design Landscape, dated 10-16-89, as revised and
amended by the final landscape plans (hereafter the "Entry
Landscaping").
(a) This Declaration hereby grants an easement upon, across, over and through all of the Lots and Common Areas and Limited Common Areas or the Subdivision, for the purpose of allowing Developer and its agents ingress and egress in order to accomplish the construction or any of the improvements or facilities involved in the Developer Landscaping and Entry Landscaping. This easement shall terminate upon the Developer's delivery of a certificate of completion to the Association, indicating that all work on the Developer Landscaping and Entry Landscaping has been completed.
(b)
Each Lot Owner affected by the Developer Landscaping shall be responsible for
maintaining and repairing the Developer Landscaping. Such responsibility shall
include, but is not limited to, the seeding, watering and mowing of all lawns,
the pruning, cutting and replacement of all trees and shrubbery so as to
maintain the Developer Landscaping in an attractive condition consistent with
the original design of Developer Landscaping.
In
the event a Lot Owner is unable or unwilling to maintain or repair the
Developer Landscaping, the Association and its agents shall have the right to
enter upon said
(c) The Association shall be responsible for maintaining and repairing the Entry Landscaping and boulevard island areas dedicated to the City. Such responsibility shall include, but is not limited to, the seeding, watering and mowing of all lawns, the pruning, cutting and replacement of all trees and shrubbery so as to maintain the Entry Landscaping in an attractive condition consistent with the original design of the Entry Landscaping. An irrevocable right and easement is hereby granted for the benefit of the Association to enter onto Lots to obtain ingress and egress necessary to maintain and make repairs to the Entry Landscaping. The costs of such maintenance and repairs will be levied by the Association equally against all Lot Owners, other than the Developer, as a General Assessment pursuant to Section 3.10 hereof.
(d)
Binding Effect. All easements and rights described herein are easements
appurtenant, running with the land and are subject to the reasonable control of
the Association. All easements and rights described herein are granted and
reserved to, and shall inure to the benefit of and be binding on, the Lot
Owners, purchasers, mortgagees, lessees and occupants and their heirs, personal
representatives, successors and assigns.
CONSTRUCTION OF IMPROVEMENTS
2.01 MINIMUM
LIVING AREA & HEIGHT REQUIREMENTS: GARAGES.
a)
Each Home shall have a minimum living area (exclusive of basement, attic,
garage. porches, patios, and storage areas) of not less than 2,300 square
feet. The Board shall have the exclusive right to determine whether such
requirements will be satisfied and any decision of the Board shall be final and
conclusive.
Section
2.01 was amended on January 9, 1990 as follows:
(1) of not less than 2,500 square feet for a one-story home;
(2) of not less than 2,500 square feet for a two-story home.
b)
Each Home shall have a basement with a finished floor area (exclusive of any
crawl space) of not less than 60% of the area of the first floor.
c)
No Home shall exceed two and one-half stories (excluding the basement).
d)
An attached enclosed garage (for at least two and not more than three cars)
shall be constructed at the time of construction of the Home and all exterior
portions of such garage shall be completed prior to occupancy of the Home.
2.02 LOCATION
& SET BACK.
a)
No Home or garage (including eaves, steps, overhangs, and attached porches, patios and other
appurtenances) shall be located on any
1)
closer than 50 feet to the front
2)
closer than 50 feet to any side
street line at any point;
3)
closer than 20 feet to the side Lot line
adjoining another
4)
closer than 50 feet to the rear
Each
corner Lot shall be determined by the Board to have one rear Lot line, one side
Lot line, one front
b)
Approval by the Plan Commission or building inspector of the City with respect
to sat-backs or other matters shall not be binding on the Board in any respect.
c)
Notwithstanding the set-back requirement specified above, the orientation and
precise location of each Home and garage, as well as all other improvements on
the Lot, must be approved in writing by the Board prior to any construction, it
being intended that the Board may, in its discretion, impose greater set-back
requirements than those specified above in order to achieve or maintain the
aesthetic appearance for the Subdivision or any portions thereof which the
Board deems advisable.
d) The Board may permit improvements (other than the Home and garage) to be constructed, installed and located within the set-back areas described above; provided, such permission must be in writing to be effective and can only be granted after notice to all adjoining and adjacent Lot Owners advising them of the proposed improvement and affording them an opportunity to be heard with respect to the proposed improvement.
e) No tree may be cut down or removed from a lot unless approved for removal by the Board.
2.03
APPROVAL OF ARCHITECTURAL CONTROL BOARD
REQUIRED FOR ALL IMPROVEMENTS.
a)
No Home, garage or other structure or improvement of any kind shall be
installed, erected, constructed or placed on any Lot (or altered or changed
with respect to layout, location or exterior design, appearance, color or
material composition) without:
(1)
prior submission of detailed plans to the Board appropriate for its review and
approval; and
(2)
acquisition of prior written approval by the Board. Plans, to be considered
appropriate for review by the Board, must include the following (unless the
Board advises a Lot Owner in writing to the contrary): construction drawings,
plans and specifications (prepared by a qualified home designer or architect if
the improvement involves construction of a Home, garage or addition or change
to either) showing dimensions, composition and color of exterior materials,
together with paint color samples and brick color samples, and equipment, if
any; a plot plan showing the location of the improvement with respect to
set-backs from lot lines and other buildings and improvements, finished grade
elevations, topography, drives, existing plantings and other data pertinent to
such review by the Board as it may reasonably request; and a landscape plan
prepared by a landscape architect. The Board shall consider the following
factors and may deny or withhoId approval of any proposed improvement if, in
its sole judgment, anyone or more of the general purposes specified in Section
1.02 will not be satisfied: material composition and quality; exterior design,
appearance and color; coordination with other existing 0r contemplated
improvements; location with respect to topography and existing surroundings,
set-backs, finished grade elevations, access, drainage and plantings; and
general aesthetics. ANY LOT OWNER WHO CAUSES OR ALLOWS ANY IMPROVEMENTS TO BE
CONSTRUCTED, INSTALLED, PLACED OR ALTERED ON THE LOT WITHOUT PRIOR WRITTEN
APPROVAL OF THE BOARD MAY BE REQUIRED TO REMOVE SUCH IMPROVEMENT IN ITS
ENTIRETY AT THE LOT OWNER'S EXPENSE. Without intending to limit the generality
of the foregoing, it is intended that the exterior color of any portion of a
Home, garage or other improvement may not be changed in any significant respect
without the prior written approval of the Board.
b)
Notwithstanding the foregoing provisions and limitations of Section 2.03(a),
each Home shall include the following minimum specifications:
(1)
exteriors of all natural building materials, such as stone, brick or wood;
(2)
full masonry chimney with brick or stone exterior veneer;
(3)
finish roof construction of cedar shake shingles, tiles or other natural
material approved by the Board; asphalt shingles may be permitted upon prior
Board approval; and
(4)
front yard lamp post (with photoelectric cell) and mailbox post approved by the
Board. The lamp post and mailbox post shall be purchased from the Association.
c) Upon approval by the Board of the plans for the proposed improvement and upon receipt of any necessary City and other governmental approvals or permits, construction or installation of the improvement may commence and, once commenced, shall be completed as to all exterior items within twelve months following either acquisition of Board approval or issuance of any required building permit by the City, whichever is later. The Board may, in its discretion, extend such completion deadline up to an additional six months in the event it finds the delay has been caused primarily by factors beyond the control of the Lot Owner and his/her contractors.
d)
In the event the Board fails to act upon proposed plans within 30 days
following written acknowledgment by the Board that it has received such plans
and that they are adequate for purposes of its review or in the event no suit
to enjoin the erection, installation or change of the improvement or to require
removal thereof has been commenced within one year following final completion
thereof, no right shall exist to thereafter enforce these restrictions insofar
as approval by the Board is required as to such particular matter.
e)
Any approval or permission of the Board under this Section, to be binding or
effective, must be in writing signed by the President or Secretary of the
Association. No oraI statements, representations or approvals of the Board of
any of its members or agents shall be binding on the Board under any
circumstances, regardless of any reliance thereon by any Lot Owner.
f)
Within 90 days following construction or installation of any improvement, the
Lot Owner shall furnish an as-built certified survey showing the location of
the improvement, if requested by the Board.
2.04 LANDSCAPING
& DRAINAGE.
a)
Within 6 months following issuance of an occupancy permit for a Home, a
complete landscaping plan for the entire
b)
To avoid a substantial increase in surface water drainage onto adjoining Lots,
the landscaping plan shall provide for adequate drainage of storm and surface
water toward adjoining streets and away from adjoining Lots if natural drainage
on the
c)
No fence, wall, hedge, or screen planting shall be installed unless in
accordance with landscaping or other plans approved in advance by the Board
under Section 2.03.
d)
Each Lot Owner is responsible for compliance with Master Grade Plan as
established by the City of
2.05 DRIVEWAY.
Each
2.06 CONSTRUCTION
MATERIALS -- STORAGE.
No building or construction materials shall be stored on any Lot
outside of the Home or garage, other than during periods of actual construction
or remodeling and then only for so long as may be necessary. Excess excavated
material shall not be stored on any
2.07 WATER SUPPLY.
Each
Home shall be connected to the water supply system as established in the
Declaration of Water Trust or to the water supply system of the City or public
utility and no individual wells shall be used or permitted.
2.08 SEWERAGE
DISPOSAL.
Each
Home shall be connected with the City or other common sewer system and no
septic tank or other individual sewerage system shall be used or permitted.
2.09 GARBAGE
DISPOSAL.
Each Home shall be equipped with a garbage disposal connected to the sanitary sewer. No incinerator or incineration system for burning garbage or debris shall be used or permitted.
2.10 WIRES AND
ANTENNA.
a)
All utility lines and wiring for gas, electric, telephone, and cable television
service to a Home, garage or other improvement shall be installed underground,
unless otherwise permitted by the Board prior to installation.
b)
No roof-top, tower-mounted or other external antenna or satellite dish for
television or radio reception or for other electronic transmission or reception
shall be erected or used without the prior written approval of the Board.
2.11 SIGNS AND
MAILBOXES.
a)
No sign or banner of any kind shall be placed or displayed to public view on
any Lot, except: (1) one sign of not more than 6 square feet advertising the Property
for sale; and (2) one standard sign (showing the Lot Owner's name) as may be
approved by the Board for uniform use in terms of size, design, appearance and
location for each Lot in the Subdivision; and (3) such signs as the Developer
or Board may approve for placement on those Lots affected by the Entry
Landscaping for the purpose of advertising Westchester Lakes Subdivision.
b)
No mailbox shall be installed unless the location, size, materials and
appearance are approved in writing by the Board in accordance with Section
2.03.
THE ASSOCIATION
3.01 CREATION
OF ASSOCIATION.
a)
The Developer hereby creates and establishes a non-profit incorporated
homeowner's association to be known as "Westchester Lakes Homeowners
Association," with all rights, powers, privileges and obligations as
provided in this Declaration.
b)
The Association shall exist during the term(s) of this Declaration and shall
automatically terminate upon termination of this Declaration.
3.02 MEMBERSHIP.
a)
Each Lot Owner shall automatically be a member of the Association and shall be
entitled to one membership and one vote for each Lot owned, with ownership of a
b)
Association membership and voting rights shall be appurtenant to each Lot and
shall not be as signed, conveyed or transferred in any way except upon transfer
of an ownership interest of the Lot and then only to the transferee, nor shall
membership or voting rights be retained except upon retention of an ownership
interest in the Lot. Any attempt to make a prohibited transfer or retention of such
rights shall be null and void.
c)
Notwithstanding any provision in this Declaration to the contrary, the
Developer shall be entitled to one membership and one vote for each
3.03 VOTING.
a)
The vote appurtenant to each
b)
Quorum: A quorum for voting purposes shall consist of fifty percent (50%) or
more of the votes entitled to be cast.
c)
There shall be no cumulative voting for election of officers or on any other
matters. All decisions and actions of the Association, except as otherwise
specifically provided for in this Declaration, shall be by a majority of the
votes present and entitled to be cast.
d)
A Lot Owner shall not be entitled to vote on a matter if any General or Special
Assessment against the
e)
Proxies shall be valid only for the particular meeting or time period
designated in the proxy, unless sooner revoked, and must be filed with the
Secretary at or before the appointed time of the meeting.
3.04 MEMBERSHIP LIST: NOTICES.
a)
The Association shall maintain a current Membership List. Each Lot Owner shall
furnish the information necessary for the Association to maintain such
Membership List.
b)
All notices required to be given to a Lot Owner shall be deemed to have been
duly given: at the time of personal delivery to the Lot Owner or the Home of the
Lot Owner: or 48 hours after mailing within the State of Wisconsin by regular
or certified mail to the Lot Owner's mailing address shown in the Membership
List. Notice to one co-Owner of a Lot shall be deemed effective notice to all
other co-Owners of such
3.05 ASSOCIATION
MEETINGS.
a)
Written notice of all meetings of the Association stating the time, place, and
purpose for which the meeting is called shall be given by the President or
Secretary to each Lot Owner not less than 5 nor more than 30 days prior to the
date of such meeting; provided, however, that notice of any meeting may be
waived in writing before or after the meeting.
b)
The annual meeting of the Association shall be held in June of each year for
the purpose of electing officers and transacting any other business authorized
to be transacted by the Association. The Board shall select the specific date,
time and place of the annual meeting for a given year and shall furnish written
notice to each Lot Owner in accordance with Section 3.05(a).
c)
Special meetings of the Association shall be held whenever called by the
President or two officers; however, such meetings must be called upon receipt
by the President of a written request signed by Owners with one-third or more
of all votes entitled to be cast.
d)
A quorum for meetings necessary to conduct Association business shall consist
of Lot Owners, present in person or by proxy, representing a majority of all
votes entitled to be cast.
e)
The act of a majority of the votes at any meeting at which a quorum is present
shall be the act of the Association, unless a greater percentage is required
under this Declaration.
f)
If a quorum is not present at a meeting, no business of the Association shall
be transacted; however, the majority of votes present (in person or by proxy)
may adjourn the meeting from time to time without further notice if such
adjourned meeting at which a quorum is present is held within 15 days of the
meeting originally noticed. If a quorum is present at such an adjourned meeting,
any business may be transacted which might have been transacted at the meeting
as originally noticed.
3.06 POWERS OF
THE ASSOCIATION.
a)
Without limitation, the Association shall have the following powers in addition
to any others which may be necessary or incidental to performance of any duties
or powers of the Association specified in this Declaration:
1)
to levy and enforce payment of General and Special Assessments on the Lots and
against Lot Owners;
2)
to enforce this Declaration;
3)
to purchase, sell and convey Lots (including the improvements thereon) incident
to foreclosure of a lien for any assessments and to acquire real estate as
additional Common Area;
4)
to enter and execute contracts, deeds, mortgages and documents on behalf of the
Association which relate to any Common Area or improvements therefore;
5)
to incur indebtedness on behalf of the Association and to execute drafts and
other negotiable instruments;
6)
to employ the services of any person, firm, or corporation to maintain the
Common Areas and limited Common Areas, or to construct, install, repair or
rebuild improvements thereon;
7) to acquire, sell, transfer or exchange goods, equipment and other personal property or fixtures in the name of the Association for the operation of the Association;
8)
to commence, prosecute, defend or be a party to any suit, hearing or proceeding
(whether administrative, legislative or judicial) involving the enforcement of
this Declaration or otherwise involving the exercise of any powers, duties or
obligations of the Association;
9)
to adopt Rules and Regulations for the management, operation, use and enjoyment
of the Common Areas and limited Common Areas, including fines or penalties
which may be enforceable by Special Assessment against any Lot Owner or his/her
family or guests violating such Rules or Regulations; and
10)
to exercise all other powers necessary to maintain the Common Areas and Limited
Common Areas and operate the Association for the mutual use and enjoyment of
all Lot Owners.
b)
The President, together with one other officer of the Association, is empowered
to negotiate, execute and enter contracts, agreements and other undertakings or
documents of any kind on behalf of the Association necessary or incidental to
exercise of any powers or obligations of the Association or of the Board under
this Declaration.
3.07 ARCHITECTURAL
CONTROL BOARD.
a)
All Officers of the Association then in office shall be members of the
Architectural Control Board and no other person may be a member of the Board.
Each member of the Board shall serve and hold office until a successor is
elected or appointed to such office.
b)
The Board shall initially consist of the person(s). appointed by Developer as
President, Secretary, and Treasurer of the Association to hold office until
successors are appointed by Developer or elected by the Association. Except for
officers appointed by Developer, a person must be a Lot owner or co-Owner of a
c)
Any officer and member of the Board (other than an officer appointed by Developer)
may be removed from office with or without cause at any regular or special
meeting of the Association by a majority vote of all Lot Owners and a successor
may then be elected at that meeting to fill the vacancy thus created or at a
special meeting thereafter called for that purpose. Any officer appointed by
Developer may be removed at any time by Developer and a successor may then be
appointed by Developer.
d)
Vacancies in any officer position and on the Board (caused other than by
removal under Section 3.07(c) above) and newly created officer positions
resulting from an increase in the number of officers shall be filled by a
majority vote of the officers then in office and each person so elected shall
serve until a successor is either appointed by Developer or elected at the next
annual meeting of the Association.
e)
An annual meeting of the Board shall be held immediately after the annual
meeting of the Association. No notice of the annual meeting of the Board shall
be required.
f)
Regular meetings of the Board shall be
held at: such times and places as the Board determines by resolution to be
appropriate and no notice of regular meetings shall thereafter be required.
g)
Special meetings of the Board may be
called by any officer on three (3) days prior notice to each officer, given
orally or in writing.
h)
Before, at, or after any meeting of the Board, any officer may (in writing)
waive notice of such meeting and such waiver shall be deemed equivalent to the
giving of notice.
i)
For all meetings of the Board, a quorum
necessary to transact business shall consist of a majority of the officers and
the act of such majority shall be the act of the Board. If there is less than a
quorum present at any meeting of the Board, no business shall be transacted;
however, the majority of those present 'may adjourn the meeting from time to
time without further notice if such adjourned meeting at which a quorum is
present is held within 15 days of the meeting originally scheduled. If a quorum
is present at an adjourned meeting, any business may be transacted which might
have been transacted at the meeting as originally noticed.
j)
Any action of the Board authorized
under this Declaration may be taken upon the unanimous consent of all officers
without a meeting.
k)
The Board may require that some or all officers and/or employees of the
Association handling or responsible for Association funds furnish adequate
fidelity bonds, the premiums for which shall be paid for by the Association as
a common expense.
3.08 OFFICERS.
a)
The Officers of the Association shall be:
1)
a President, who shall: be the chief executive officer of the
Association and a member of the Board; be responsible for the proper execution
of the business and affairs of the Association (subject to the control of the
Board); preside at all meetings of the Association and the Board; have the
authority to appoint various committees; have all the general powers and duties
usually vested in the Office of President, as well as such other powers and
duties as may be prescribed from time to time by resolution of the Association.
2)
a Secretary, who shall: be a member of the Board; keep the minutes of
all meetings of the Board and of the Association; have charge of all the
Association's books and records; maintain the Membership List and keep it
current; have charge of delivering all notices and approvals on behalf of the
Board and the Association; and, 'in general, perform all duties incident to the
office of Secretary, together with such other powers and duties as may be
prescribed from time to time by resolution of the Association.
3)
a Treasurer, who shall: be a member of the Board; be responsible for the
Association's funds and assets; keep complete and accurate accounts of all
receipts and disbursements, financial records, and books of accounts; deposit
all monies in the name and to the credit of the Association in depositories as
may from time to time be designated by the Board; assess and collect all
General and Special Assessments made by the Board; and exercise such other
powers and duties as may be prescribed from time to time by resolution of the
Association.
4)
one or more Vice-Presidents (not to exceed four at anyone time), the
number of which shall be determined by resolution of the Association; however,
it is not required that the Association have one or more Vice-Presidents. A
Vice-President, in addition to serving on the Board, shall have such other
powers, duties and restrictions as may be prescribed from time to time by
resolution of the Association.
b)
All officers shall be elected annually by the Association if not subject to
appointment by Developer. Each officer shall hold office until a successor is
duly elected or until death, resignation, or removal, whichever first occurs.
No person may hold two or more offices at anyone time, except that officers
appointed by Developer may hold any number of offices.
3.09 MANAGEMENT
OF ASSOCIATION BY THE BOARD.
a)
The Association and its business, activities and affairs shall be managed by
the Board (which shall consist of all the officers of the Association). The
Board shall exercise and perform, in addition to the powers, duties and
obligations specified in this Declaration for the Board, all powers, duties and
obligations or the Association (except to the extent this Declaration may
otherwise expressly require the prior, vote of the Association on a particular
matter). Notwithstanding any other provision of this Declaration to the
contrary, Developer shall be entitled to appoint all officers of the Association
until such time as 80 percent of all present and future platted Lots in the
Subdivision have been sold and fee simple title conveyed by Developer (at which
time, all officers of the Association shall be elected by the members of the
Association).
b)
The Board may appoint committees consisting of one or more Lot Owners to make
recommendations to the Board or the Association on any matter.
c)
No person shall receive any payment for services rendered as an officer of the
Association or as a member of any committee unless specifically authorized by
prior resolution of the Association. The Board may reimburse out-of-pocket
expenses incurred by an officer or committee member in the performance of
his/her duties.
d)
No member of any board or committee or officer of the Association shall be
liable to any Lot Owner or to any other party including the Association for any
loss or damage suffered or claimed on account of any act, omission, error or
negligence of such board or committee member or officer, provided such person
acted in good faith, without willful or intentional misconduct.
e)
All decisions of the Board on any matter (including, without limitation,
decisions under Section 2.03) shall be enforceable against any Lot Owner if
made in a good faith exercise of the judgment or discretion of its members so
long as such decision is not clearly in conflict with the express provisions of
this Declaration. Any Lot Owner or other person seeking to avoid, set aside or
challenge any such decision of the Board shall have the burden of proof to
establish that such standards were not met at the time the decision was made.
3.10 COMMON
EXPENSES AND ASSESSMENTS AGAINST LOTS AND
a)
The Board shall pay or arrange for payment for all costs, expenses and
liabilities incurred by the Association out of the proceeds of assessments
which shall be made against the Lot Owners and their Lots. The Board may. at
any time. levy assessments for such purposes against the Lot Owners and their
Lots. other than the Developer and Lots owned by the Developer. The Developer
shall not be responsible at any time for any assessments. General. Special or
otherwise.
b)
"Special Assessments" may be made and levied by the Board
against a particular Lot Owner (other than the Developer) and his, her or their
1)
costs and expenses (anticipated or incurred) fur repair of damage to Common
Areas caused by or at the direction of the Lot Owner or the family or guests of
the Lot Owner;
2)
costs. expenses and actual attorneys fees incurred in, or in anticipation of.
any suit, action or other proceeding to enforce this Declaration against the
Lot Owner;
3)
interest due on General or Special Assessments; and
4)
all other costs and expenses anticipated or incurred by the Association which
are subject to Special Assessments as provided under this Declaration.
c)
"General Assessments" may be made equally against each Lot Owner
(other than the their
1)
maintenance, repairs. upkeep or operation of Common Areas, limited Common
Areas, and any additional Common Areas (such as any contiguous real estate) as
may be acquired by the Association;
2)
any insurance maintained by the Association;
3)
taxes, assessments and charges of any kind made or levied by any governmental
authority against the Association or upon any property of the Association;
4)
all costs and expenses for the operation and administration of the Association,
including legal, accounting and management fees and other costs incident to the
exercise of any of its powers or obligations;
5)
costs and expenses for additional improvements to Common Areas beyond those
installed by Developer;
6)
all items subject to Special Assessment which have not been collected from a
Lot Owner at the time payment of such item is due, provided that upon
collection of the Special Assessment from that Lot Owner, all other Lot Owners
shall receive an appropriate adjustment, reimbursement or credit on future
General Assessments, as the Board may determine, for payments made under this
paragraph;
7)
all damages, costs, expenses and attorney fees incurred in, or in anticipation
of, any suit or proceeding (whether administrative, legislative or judicial)
which are not otherwise collected by Special Assessment;
8)
costs and expenses of services, if any, made available to all Lots and/or for
any Common Areas;
9)
all other costs and expenses declared to be common expenses under this
Declaration.
The General Assessments
for all common expenses shall be levied equally against each
d)
The Association shall maintain separate books and records for General and
Special Assessment accounts of the Lot Owners, as may be necessary, provided
that all funds received from either assessment may be commingled and thereafter
disbursed to pay any costs or expenses incurred by the Association which would
be subject to General or Special Assessment.
e)
The Board shall determine the estimated expenses of the Association and prepare
an annual operating budget in order to determine the amount of the annual
General Assessments necessary to meet the estimated common expenses of the
Association for the ensuing year and shall furnish a copy to each Lot Owner or
one of the co-Owners of the
3.11 PAYMENT OF
ASSESSMENTS: INITIAL MONTHLY ASSESSMENT.
a)
Each Lot Owner shall promptly pay, when due, all General and Special
Assessments levied by the Board against such Owner and his, her or their Lot,
together with all costs, expenses and reasonable attorney fees incurred by the
Association in collection of any delinquent assessment(s). All assessments
shall become due as the Board may determine appropriate (in a lump sum or in
installments with or without interest). Time is of the essence with respect to
all payments.
b)
All co-Owners of a Lot shall be jointly and severally liable for all General
and Special Assessments levied against the Lot, regardless of the type of
tenancy, estate or interest in the Lot (whether as joint tenants,
tenants-in-common, land contract purchaser(s) or seller(s), or otherwise).
c)
Notwithstanding any other contrary provisions of this Declaration, a General
Assessment equal to $60.00 for each Lot shall be due and payable quarterly, on
March 31, June 30, September 30, and December 31 of each year, by each Lot
Owner, other than the Developer, commencing with the first quarterly payment
date following acquisition of the Lot by the Lot Owner. Upon closing of the
purchase of a Lot by a Lot Owner, an amount shall be due and payable to the
Association representing the General Assessment for the quarter in which the
3.12 DELINQUENT
ASSESSMENTS: INTEREST, LIEN AND COLLECTION.
a)
All General and Special Assessments which are not paid when due: shall bear
interest at 12 percent per annum or at such other maximum rate as may then be permitted
by law until the assessment is paid in full; shall constitute a lien on the
Lot; and shall be collectible and enforceable by the Board (in its own name or
the name of the Association) by suit against the Lot Owner, by foreclosure of
the lien, and/or in any other manner or method provided under this Declaration
or laws of the State of Wisconsin. The lien granted hereunder shall also cover
and include all interest accruing on delinquent assessments, plus costs,
expenses and attorney's fees for collection.
b)
The Association (through the Board) shall have the exclusive right and power to
collect or enforce collection of all General and Special Assessments levied by
the Board and shall further have the exclusive right to bring any and all
actions and proceedings for the collection thereof and/or the enforcement of
liens arising therefrom. The Association may bring an action at law against any
Lot Owner personally to collect such assessments and/or to foreclose the lien
for such assessments against the
3.13 RULES AND REGULATIONS.
a)
The Association may from time to time adopt or change rules or regulations
(hereafter "Rules or Regulations") governing the operation,
maintenance and use of the Common Areas by the Lot Owners and their respective
families and guests. Such Rules or Regulations shall be designed to facilitate
and encourage the peaceful use and enjoyment of the Common Areas and Limited
Common Areas by the Lot Owners and their respective families, without unduly
interfering with the peaceful use and enjoyment of the surrounding Lots. All
Lot Owners, lessees, licensees, invitees, other occupants, and guests of any
b)
A violation of any Rule or Regulation shall be a violation of this Declaration
and may be enforced in the same manner as any other term or provision of the
Declaration or as otherwise may be designated in the Rule or Regulation,
including without limitation the imposition of forfeitures, penalties, or other
charges against the Lot Owner, which shall be collectible by Special Assessment
against the Lot and Lot Owner.
c)
Rules and Regulations shall be enforced by the Board but may not be enacted,
amended, or repealed by the Board.
3.14 LOT OWNER'S LACK OF AUTHORITY TO BIND ASSOCIATION.
No
Lot Owner (other than the officers of the Association) shall have any authority
to act for the Association or the other Lot Owners, as agent or otherwise, nor
to bind the Association or the other Lot Owners to contracts, negotiable
instruments or other obligations or undertakings of any kind.
3.15 SERVICE OF PROCESS.
Service
of process upon the Association for all matters shall be made upon the
President of the Association or such legal counsel as the Association may
designate to receive service of process by recording such designation with the
Register of Deeds for
3.16 ENFORCEMENT OF DECLARATION: NO REVERSION OF
TITLE.
a)
The Association (through the Board) shall have the exclusive right to enforce,
by proceedings at law or in equity, all the terms, conditions, and provisions
of this Declaration and any Rules or Regulations adopted by the Association,
except that any Lot Owner -may proceed, at such Owner's expense and subject to
the limitations of Section 2.03(c), to enforce any such terms, conditions or
provisions (other than for collection of assessments against Owners of other
Lots) if the Association fails to take such action within 60 days following a
written request by such Lot Owner for the Association to do so. Any Lot Owner
violating any of the terms, conditions or provisions of this Declaration or any
Rules or Regulations shall pay all costs, expenses and actual attorney's fees
incurred by the Association or by a prosecuting Owner in the successful
enforcement thereof. Neither the Association nor the Board shall be subject to
any suit or claim by any Lot Owner for failure of the Association or the Board
to take any action requested by such Lot Owner against another Lot Owner.
b)
Each remedy set forth in this Declaration and/or in Rules or Regulations shall
be in addition to all other rights and remedies available at law or in equity.
All such remedies shall be cumulative and the election of one shall not
constitute a waiver of any other. Any forbearance or failure of the Association
or the Board to exercise any such right or remedy for any violation shall not
be a waiver of such right or remedy under any circumstances (except as provided
in Section 2.03(c)) unless a written waiver is obtained from the Board.
c)
Under no circumstances shall any violation of this Declaration or of any Rule
or Regulation result in any reverter or reversion of title to any
MISCELLANEOUS
4.01
RESERVATION BY DEVELOPER OF RIGHT TO
GRANT EASEMENTS.
Developer hereby reserves the right to grant and convey
easements to the City and/or to any public or private utility company upon,
over, through or across those portions of any Lot in the Subdivision within 10
feet of any lot line for purposes of allowing the City or utility company to
furnish gas, electric, water, sewer, cable television or other utility service
to any Lot(s) or through any portions of the Subdivision or for purposes of
facilitating drainage of storm or surface water within or through the
Subdivision. Such easements may be granted by Developer, in its own name and
without the consent or approval of any Lot Owner, until such time as Developer
has conveyed legal title to all Lots platted or to be platted in the
Subdivision to persons other than a successor-Developer.
4.02 SEVERABILITY.
The invalidity or unenforceability of any term,
condition or provision of this Declaration shall in no way affect the validity
or enforceability of any other term, condition, or provision of this
Declaration, all of which shall remain in full force and effect.
4.03 COVENANTS RUN WITH LAND.
All terms, conditions and provisions of this
Declaration (and as may be amended) shall constitute covenants running with the
land.
4.04 AMENDMENTS TO DECLARATION.
This Declaration may be amended by recording in the
office of the Register of Deeds for
4.05 TERM OF
DECLARATION.
This Declaration (and any amendments) shall be binding
for a period of 20 years (from the date the Declaration is recorded) upon all
Lot Owners and any other persons claiming under or through the Developer. Upon
the expiration date of such initial 20-year period, this Declaration shall be
automatically renewed for a successive period of ten (10) years and thereafter
for successive periods of ten (10) years upon the expiration date of the prior
renewal period, unless there is recorded an instrument (executed by the Owners
of at least 75 percent of all Lots in the Subdivision and their mortagees)
terminating this Declaration, in which event this Declaration shall terminate
upon the recording of such instrument of termination or expiration of the
initial 20-year term, whichever occurs later.
4.06 DISCLAIMER.
Notwithstanding any other provision(s) of this
Declaration, Developer is under no obligation to any Lot Owner to develop or
plat at any time any portion(s) of the Subdivision not already platted as of
the date of recording this Declaration. If Developer fails to cause all such
unplatted portions of the Subdivision to be duly platted within 5 years from
the date of recording of this Declaration, Developer's exclusive right to
appoint the officers of the Association shall terminate.
4.07 INTERPRETATION.
These Declarations shall be construed and interpreted
in favor of restricting the use of each Lot consistent with the purposes hereof
and any ambiguity shall be resolved against any Lot Owner who installs any
structure or engages in any activity not clearly authorized under these
Declarations or approved in writing by the Board.
Dated: October
16th, 1989
Recorded: November
13th, 1989
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIONS AND HOMEOWNERS ASSOCIATION
FOR
This First Amendment to the Declaration of Restrictions
and Homeowners Association for Westchester Lakes Subdivision is made and
entered into as of the 9th day of January, 1990, by Republic Development, Inc.,
a Wisconsin corporation, hereafter called "Developer" pursuant to and
in accordance with the Declaration of Restrictions and Homeowners Association
dated October 16, 1989, and recorded in the office of the Register of Deeds for
Ozaukee County, Wisconsin, November 13, 1989 in Volume 658, Pages 719 to 741,
hereafter called the "Declaration".
RECITATIONS
0.1 WHEREAS, the Declaration subjects the
platted lots and outlots within the Subdivision to the conditions,
restrictions, covenants, reservations and easements set forth therein for the
mutual benefit of the Lot Owners; and
0.2 WHEREAS, Article 4.04 of the Declaration provides that the Declaration may be amended by recording in the Office of the Register of Deeds for Ozaukee County, Wisconsin, a document executed by the owners of at least 75% of all lots in the Subdivision, and their mortgagees, such amendment to be effective upon recording; and
0.3 WHEREAS. None of the lots have been sold and
are all presently owned by the Developer; and
AMENDMENT
NOW, THEREFORE, the Declaration is amended to read as
follows (with changes and additions being underlined in the section heading
and/or body of the paragraph for easy reference only):
Section 2.01 is amended as follows:
2.01 (a) Each home shall have a minimum living area (exclusive of basement, attic, garage, porches, patios and storage areas):
(1)
of not less than 2,500 square feet for a one-story home;
(2)
of not less than 2,500 square feet for a two-story home.
The Board shall have the exclusive right to determine whether such requirements will be satisfied and any decision of the Board shall be final and conclusive.
Except
as amended and modified. all of the provisions of the Declaration shall
continue and remain in full force and effect.
Dated:
January 9th, 1990
Recorded:
January 17th, 1990
DECLARATION OF WATER TRUST
FOR
This Declaration is made this 1st day of October 1989, by Republic Development, Inc. (hereinafter called "Developer").
RECITATIONS
WHEREAS, Developer owns those lands located in the City of Mequon, Ozaukee County, Wisconsin, described on Exhibit A attached hereto (hereinafter called "Subdivision");
WHEREAS, the Subdivision is a platted subdivision consisting of 93 lots;
WHEREAS, Developer intends to provide a water system including two wells, pumps, tanks and mains for domestic water use to service the lots in the Subdivision, as expanded from time to time, and has caused to be drilled on 2 wells of the Subdivision, as located on the final plat and has installed in the streets of the Subdivision water mains and laterals extended to the lot lines of the lots in the Subdivision;
WHEREAS, Developer, in connection with the platting of the Subdivision, has reserved and hereby does reserve an easement for the purpose of the right to construct, maintain and repair the well upon the lot(s) described in the final plat of Westchester Lakes Subdivision, together with an easement for the purpose of constructing, maintaining, and repairing the distribution facilities and distribution system consisting of well pump, storage tanks, controls, pump house, fire hydrants, water mains, valves and related equipment (hereinafter collectively referred to as the "Water System");
WHEREAS, Developer intends to convey to various purchasers lots in the Subdivision and all future platted lots within the Subdivision, as expanded from time to time, in accordance with and subject to the provisions of this Declaration of Trust to provide for the maintenance, repair, operation and service of the Water System for the benefit of present and future lot owners; and
WHEREAS, the Developer has subjected the
platted lots within the Subdivision, as well as other portions of the
Subdivision to the Declaration of Restrictions dated 10-16-89 and recorded in the office of the Register of
Deeds for
DECLARATION
NOW, THEREFORE, the Developer grants, transfers and conveys to the Trustees (hereinafter defined) and their successors in office, the right to manage and operate the Water System and the easements to construct, maintain, repair and replace the Water System for the purpose of providing water service to the lots in the Subdivision and all future platted lots within the Subdivision, as expanded from time to time as provided for in the Declaration of Restrictions, as well as all other portions of the Subdivision (except dedicated streets and utilities).
1.01 Definitions.
(a) The definitions of terms as set forth in Section 1.01 of the Declaration of Restrictions shall control for the purposes of this Declaration.
(b) "Lot Owner" shall, for the purposes of this Declaration, mean the holder(s) of legal title to a lot within the Subdivision, as expanded from time to time, except in the case of a land contract Lot Owner shall mean only the land contract vendee(s).
(c) "Trustees" shall mean the President, Secretary and Treasurer of the Association appointed or elected in accordance with Section 3.08 of the Declaration of Restrictions who shall serve as Trustees of this Water Trust and administer this Trust for the benefit of the Lot Owners.
2.01 Trustees: Selection and Vacancies
(a) The Trustees shall initially consist of the persons appointed by Developer as President, Secretary, and Treasurer of the Association to hold office until successors are appointed by Developer or elected by the Association. Except for officers appointed by Developer, a person must be a Lot Owner or co-Owner of a lot in order to be eligible to serve as a Trustee.
(b) Any Trustee (other than a Trustee appointed by Developer) may be removed from office with or without cause at any regular or special meeting of the Association by a majority vote of all Lot Owners and a successor may then be elected at that meeting to fill the vacancy thus created or at a special meeting thereafter called for that purpose. Any Trustee appointed by Developer may be removed at any time by Developer and a successor may then be appointed by Developer.
(c) Vacancies in Trustee positions (caused other than .by removal under Section 2.01(b) above) shall be filled by a majority vote of the Trustees then in office and each person so elected shall serve until a successor is either appointed by Developer or elected at the next annual meeting of the Association.
(d) An annual meeting of the Trustees shall be held immediately after the annual meeting of the Association. No notice of the annual meeting of the Trustees shall be required.
(e) Regular meetings of the Trustees shall be held at such times and places as the Trustees determine by resolution to be appropriate and no notice of regular meetings shall thereafter be required.
(f) Special meetings of the Trustees may be called by any Trustee on three (3) days' prior notice to each Trustee, given orally or in writing.
(g) Before, at, or after any meeting of the Trustees, any Trustee may (in writing) waive notice of such meeting and such waiver shall be deemed equivalent to the giving of notice.
(h) For all meetings of the Trustees, a quorum necessary to transact business shall consist of a majority of the Trustees and the act of such majority shall be the act of the Trustees. If there is less than a quorum present at any meeting of the Trustees, no business shall be transacted: however, the majority of those present may adjourn the meeting from :time to time without further notice if such adjourned meeting at which a quorum is present is held within 15 days of the meeting originally scheduled. If a quorum is present at an adjourned meeting, any business may be transacted which might have been transacted at the meeting as originally noticed.
(i) Any action of the Trustees authorized under this Declaration may be taken upon the unanimous consent of all Trustees without a meeting.
(j) The Trustees may require that some or all offices and/or employees of the Association handling or responsible for Association funds furnish adequate fidelity bonds, the premiums for which shall be paid for by the Association as a common expense.
2.02 Powers and Duties of Trustees.
(a) The Trustees shall construct, operate and manage the Water System and shall determine the water rates and shall collect from the Lot Owners the service charges as herein provided. Payments received by the
(a) Trustees shall be used for the repair, maintenance, replacement, taxes (real and personal). insurance, auditing expense, and any and all other expenses incidental to the operation and maintenance of the Water System. The Trustees shall keep the Water System in good repair and maintenance and shall pay all taxes levied on said Water System and shall take such other actions as are necessary to operate and manage the Water System.
(b) The Trustees shall keep true and correct accounts of all income and expenses which book of accounts shall be subject to inspection by any of the Lot Owners at reasonable times after reasonable notice.
(c) The Trustees shall have the right to enter upon any portion of the Subdivision for the purpose of inspection. repairs. upkeep and any other purpose which may be incidental or necessary to maintaining the Water System.
3.01 Connection; Use; Charges; Default.
(a) Each
Lot Owner on which a home is erected shall connect to water laterals of the
Water System for the purpose of supplying water to such lot in such manner as
may be directed by the Trustees. The laying and connecting to such lateral pipes
from the lot line to the home shall be at the expense of the Lot Owner. After
connection with the system, the Lot Owner shall be obligated to make payments
as provided in this Declaration. The initial connection fee is $200.00 and
shall be paid to the Trustees at closing of the purchase of a
(b) Each
Lot Owner shall have the right of access to the Water System, subject to the
same right as other Lot Owners and may draw water from the Water System as
herein provided and each Lot Owner shall be bound by such rules and regulations
relating to the use of the water from the Water System as may be promulgated by
the Trustees. The City of
(c) No Lot Owner within the Subdivision shall separately provide or dig any well for supplying water upon any lot or the premises of the Subdivision.
(d) Upon connection to the water lateral, each Lot Owner shall pay to the Trustee a quarterly service charge of $60.00 for water used. Quarterly service charges shall be billed at the end of each calendar quarter and prorated depending upon the date of connection. The Trustees shall, when necessary, adjust the quarterly service charge so as to assure sufficient funds to cover all expenses of operation of the Water System and to establish an adequate reserve for replacements.
(e) In the event that any Lot Owner shall fail to pay the quarterly service charge when due, the provisions of Sections 3.11 and 3.12 of the Declaration of Restrictions shall control all such unpaid charges, shall bear interest at 12% per annum or at such other maximum rate as may. then be permitted by law, until the charges are paid in full, and shall constitute a lien on the lot and shall be collectible in accordance with the provisions of Section 3.12 of the Declaration of Restrictions. In addition to the remedies granted under Section 3.12 of the Declaration of Restrictions, the Trustees may, at their option, upon five days' notice, disconnect the water service of any defaulting Lot Owner from the Water System. Such service shall be reinstated upon payment of all quarterly service charges in arrears, together with interest as specified above, and reimbursement for costs of disconnecting and reconnecting the service.
4.01 Termination.
(a) This Trust shall terminate upon the earliest to occur of any of the following events:
i) The Water System is taken over by either a governmental authority or a public utility (regulated and controlled as to the rates and services by a duly constituted public regulatory body or commission) for maintenance and operation. In such event, the Trustees shall transfer all interest in and to this Declaration of Water Trust to such governmental authority or such public utility, together with all right, title and interest of the Trustees in and to the Water System, and together with all appurtenances thereto.
ii) The municipal water service is provided either by a governmental authority or by a public utility (regulated and controlled as to rates and services by a duly constituted public regulatory body or commission) though means other than the Water System. In such event, the easements granted for those parts of the Water System not in use shall cease and terminate and the assets in the hands of the Trustees shall be liquidated and disposed of according to the terms hereof.
iii) The Water System is, in its entirety, at the
option of the City of
(b) In any such event, the Trustees shall transfer all interest in and to the mains, hydrants and other component parts of the distribution system to such governmental authority or to such public utility or to such City, water district and/or municipality and the remaining assets, consisting principally of the wells, pumps, pump house, storage tank, controls, etc., shall be sold and converted into cash.
(c) Upon Termination of this Trust, any cash reserves derived from service charges or cash derived from the sale of the Water System assets shall be divided equally among the then Lot Owners of lots improved with homes which are connected to the Water System and returned to them after payment of all Trust expenses.
5.01 Miscellaneous.
(a) Extension of Water System. This Trust shall be applicable to all lots platted at the execution of this Trust and to all lots which are hereafter platted in Westchester Lakes Subdivision, as expanded from time to time in accordance with the provisions of the Declaration of Restrictions. The geographic jurisdiction of this Trust may be expanded and service may be provided by the Water System to other areas only in connection with an expansion of Westchester Lakes Subdivision, and then only to the extent of lands described in a duly recorded instrument and declared to be a part of Westchester Lakes Subdivision.
(b) Amendments. This Agreement may be amended at any annual meeting or a special meeting called for such purpose by the affirmative vote of Lot Owners of two-thirds (2/3) of lots subject to this Declaration of Water Trust; provided, however, that any such amendment shall also be approved by the City of Mequon, and provided further, that paragraphs 6 and 18 hereof may not be amended.
(c) Effect. The foregoing Declaration of Water Trust shall be construed as covenants running with the land. This Trust shall inure to the benefit of the present Lot Owners and their respective heirs, personal representatives, successors and assigns.
Dated: October
16th, 1989
Recorded: November
13th, 1989
EXHIBIT A
LEGAL DESCRIPTION
BEING A SUBDIVISION OF PARCEL TWO (2) OF CERTIFIED
SURVEY MAP NO. 737, RECORDED AUGUST 18, 1975 IN VOLUME 3 OF CERTIFIED SURVEY
MAPS ON PAGES 138 AND 139, AS DOCUMENT NO. 273755, BEING A PART OF THE
NORTHWEST ONE-QUARTER (1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP NINE (9)
NORTH, RANGE TWENTY-ONE (21) EAST, IN THE CITY OF MEQUON, AND LANDS ALL BEING A
PART OF THE NORTHWEST ONE-QUARTER (1/4), NORTHEAST ONE-QUARTER (1/4), SOUTHWEST
ONE-QUARTER (1/4) AND THE SOUTHEAST ONE-QUARTER (1/4) OF THE NORTHWEST
ONE-QUARTER (1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP NINE (9) NORTH, RANGE
TWENTY-ONE (21) EAST, IN THE CITY OF MEQUON, OZAUKEE COUNTY, WISCONSIN, WHICH
IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4
OF SECTION 22; THENCE NORTH 89° 59' 26" EAST ALONG THE NORTH LINE OF SAID
1/4 SECTION 419.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF
THE LANDS HEREIN TO BE DESCRIBED; CONTINUING THENCE NORTH 89° 591 26" EAST
623.04 FEET TO A POINT; THENCE SOUTH 00° 19' 34" EAST 325.00 FEET TO A
POINT; THENCE NORTH 89° 59' 26" EAST 602.20 FEET TO A POINT OF THE WEST
LINE OF SPRING DALE ESTATES, BEING A SUBDIVISION OF A PART OF THE NORTHWEST 1/4
OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 21 EAST, IN THE CITY OF MEQUON, OZAUKEE
COUNTY, WISCONSIN; THENCE SOUTH 00° 19' 34" EAST ALONG THE WEST LINE OF
SPRING DALE ESTATES 993.00 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE NORTH 89° 49' 00" EAST 988.57 FEET TO THE SOUTHEAST CORNER OF SAID
SPRING DALE ESTATES; THENCE SOUTH 00° 19' 48" EAST 1330.19 FEET TO THE
SOUTHEAST CORNER OF SAID 1/4 SECTION; THENCE NORTH 89° 581 13" WEST ALONG
THE SOUTH LINE OF SAID 1/4 SECTION 2257.90 FEET TO A POINT; THENCE NORTH 00°
041 00" WEST AND PARALLEL TO THE WEST LINE OF SAID 1/4 SECTION 330.45 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTH 20 ACRES OF THE SOUTH 1/2 OF SAID 1/4
SECTION; THENCE NORTH 89° 58' 13" WEST 387.00 FEET TO A POINT ON THE WEST
LINE OF SAID 1/4 SECTION; THENCE NORTH 00° 041 00" WEST ALONG WEST LINE OF
SAID 1/4 SECTION 989.93 FEET TO A POINT; THENCE NORTH 89° 49' 00" EAST
264.00 FEET TO A POINT; THENCE NORTH 00° 04' 00" WEST 376.15 FEET TO A
POINT; THENCE SOUTH 89° 49' 00" WEST 264.00 FEET TO A POINT ON THE WEST
LINE OF SAID 1/4 SECTION; THENCE NORTH
000 041 00" WEST ALONG THE WEST LINE 'OF SAID 1/4 SECTION 310.20 FEET TO A
POINT; THENCE NORTH 89° 59' 26" EAST 419.00 FEET TO A POINT; THENCE NORTH
00° 041 00" WEST 636.64 FEET TO THE POINT OF BEGINNING. EXCEPTING THOSE
PORTIONS DEDICATED FOR PUBLIC STREET PURPOSES.
NOTE: Following approval of the final plat for Westchester Lakes Subdivision the legal description will be as follows:
Lots
One (1) through Ninety-three (93) inclusive, of WESTCHESTER LAKES SUBDIVISION,
in the City of