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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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