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Nicolas Subdivision Protective Covenants


 

For reference only. Not a legal document. See officially recorded documents.

RESTRICTIVE COVENANTS

Nicolas J. Doneff and Kristine E. Doneff, to the public:

KNOW ALL MEN BY THESE PRESENTS, that Nicolas 3. Doneff and Kristine E. Doneff, owners of certain lots in the City of Manitowoc, Wisconsin, known as NICOLAS SUBDIVISION NO. 1, described on Exhibit “A” attached hereto and made a part hereof, in order to insure the use of said lots for exclusive and attractive residential and other purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of that area and thereby secure to each lot owner the full benefits and enjoyments of his property, hereby set forth the following restrictions, conditions and covenants, which, after the recording of this document, shall apply to each and every lot of said subdivision. These covenants, conditions and restrictions have been made and determined by resolutions of the owners of NICOLAS

SUBDIVISION NO. 1.

1. Single Family Residences

(a) Construction of a one story residence shall contain not less than 960 square feet.

(b) Construction of a one and one—half or two story residence shall contain not less than 600 square feet on the first floor, with the total of both floors to be a minimum of 1,200 square feet.

(C) Construction of a raised ranch residence shall contain not less than 768 square feet on the upper level.

(d) In the construction of a tri—level residence, the square footage is figured using only floor decks level with or above ground. A tri—level residence shall contain not less than 960 square feet.

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2. Duplexes

(a) Construction of a one story duplex shall contain not less than 864 square feet per side.

(b) Construction of a two story duplex shall contain not less than 1,050 square feet per side.

3. No structure other than the following shall be erected or put on any lot in the subdivision:

(a) single family residences or duplexes7

(b) Accessory buildings and uses compatible with single family residences or duplexes;

(c) Licensed nursing facilities or community based residential facilities.

With the exception of in—home businesses, (e.g., licensed daycare homes, telecommuting, or licensed nursing facilities of any sort) which do not violate any other restrictions contained herein, no trade or business shall be conducted on any lot nor shall any building or accessory building be used for transfer or storage of any products or materials connected with any trade or business.

These restrictions shall not prevent the erection of summer porches, or below ground swimming pools, tennis courts, etc., provided such structures be built in the back 50 percent of the lot. Above ground swimming pools, dog houses and storage sheds may be placed only in the back 50 percent of the property. If they are visible from any angle of the roadway, then they must be surrounded by a four foot high view obstructing fence to be made out of wood or masonry. Cyclone fences, wire fences, plastic fences and chain link fences are not permissible except for use with dog kennels or dog runs. The use of vegetation as a fence is permissible only if it is of an evergreen nature and it does in fact obscure the view. Shrubs planted for the purpose of concealing an above ground swimming pool will not satisfy this requirement until the shrubs are of a minimum of four feet in height and close enough together to block the view of the structure. Unattached garages must be constructed with the same exterior materials with which the house is constructed. For example, if the front of the house is 50 percent brick and 50 percent cedar siding and has a cedar shake roof, then the garage shall be built of the same materials.

4. No building of any nature shall be moved from a point outside the subdivision herein described to a point within the subdivision herein described.

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5. No billboards, other than the developer’s subdivision sign or sign boards (except suitable signs for sale of site) or unsightly objects of any kind shall be maintained on any site except such sign as arm owner may desire to indicate his name and address but in no case shall any such sign exceed an area of 6 square feet.

6. No party of the premises shall be used or occupied to injuriously affect the use of the adjoining or adjacent premises or the neighborhood where said premises are situated.

7. No house trailer, camping trailer, basement, tent, shack, garage, barn or other out building, shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a moveable or temporary character be permanently maintained on the premises. Storage of snowmobiles, semi—trailers, trucks over one ton or derelict cars or trucks shall not be permitted within the front yard setback or if an owner has a corner lot and the driveway for that lot enters from the side yard where the setback is lesser than the front yard, no storage of above mentioned items shall be permitted within the side yard setback. For purposes of this section, storage is defined as 15 days within any 30 day period.

8. Cats, dogs or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes and provided they are maintained in such a manner so that they are not a disturbance to other residents, odor and noises included. No kennel or dog run will be permitted within 10 feet of any lot line.

9. The building plans and site plans for any construction proposed for real estate governed by these restrictive covenants shall be submitted for approval to Nicolas J. Donef I at least fourteen (14) days before the construction is to commence.

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10. These restrictions and reservations are made with and for the mutual benefit of any and all persons who now own or may hereafter own property in NICOLAS SUBDIVISION NO. 1 and they shall be binding on all and enforceable by any of the present and future owners of the land in said subdivision. These restrictions, and covenants shall run with the land and shall have full force and effect for a period of 25 years from date hereof, automatically renewing themselves for successive periods of 10 years each thereafter unless, by majority vote of the then owners of the lot, it is agreed to remove or change them in whole or in part.

11. Nicolas J’. Doneff and Kristine E. Doneff shall retain the right to modify, change or cancel any or all of the covenants, conditions or restrictions set forth in this instrument until the ownership of at least 50% of the lots in this subdivision have been conveyed or the expiration of ten years, whichever first occurs. After the first of the foregoing to occur, no modification, change or cancellation of any conditions or restrictions shall be effective without the written consent of the owners of 51% of the lots in NICOLAS SUBDIVISION NO. 1.

12. Invalidation of any one of these restrictions or covenants by judgment or court order shall in-no way affect any of the other covenants or restrictions which shall remain in full force and effect.

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