As Registered in Burnett County Register of Deeds
Vol 431 pages 584 through 588
COVENANTS AND RESTRICTIONS FOR EAGLE DEER RESERVE
TOWN OF SAND LAKE, BURNETT COUNTY, WISCONSIN
More Specifically described as follows:
See attached Legal Description
The undersigned make the following declaration of covenants and restrictions for the real estate described above on the date last signed below. The undersigned are the owners of the real estate described above. This declaration is made to provide for the protection of the values, amenities, and qualities in the plat and to this end to subject the properties to the covenants, restrictions, easements, charges, and liens set forth in this declaration each and everyone of which pertains to said properties and is for the benefit of each future owner thereof.
1. All applicable State, County, and Local codes and ordinances.
2. No lots or common property shall be created or subdivided by lot owners or Eagle Deer Membership Association. Only one Residence (Single Family) will be allowed per lot for recreational and residential purposes only.
No lot may be used for other than single-family purposes. No membership rights created herein may be conveyed to any person to create membership rights in parties other than those purchasing a lot (s) in the real estate described above for single family purposes.
3. No dwelling house shall be erected or maintained on any lot having a ground floor area of less than 1,000 square feet, including full basements, porches, sundecks, attached garages, breezeways, carports, crawlspaces, and the like shall be excluded from the calculation of the floor space. All building exteriors shall be stained or painted in natural color compatible with the landscape or as an alternative, may be colored white, grey, and or red. Structures in place prior to the date of signing this declaration are exempt.
4. Only one outbuilding may be erected and maintained on each lot in addition to the dwelling house, garages attached to the dwelling house shall not be considered an outbuilding. Outbuildings shall not exceed in size 120% of the square footage of the residential dwelling. Lots of 5 acres or more exempt from this article # 4.
5. All structures shall be completely finished on the exterior within (12) months after commencement of the excavation of construction thereof.
6. No signs shall be permitted on any lot except for one sign giving the owner's name and having a size of 36 inches wide by a maximum of 36 inches high. The sign shall be constructed of natural materials and finished in natural colors.
7. No Mobile Homes shall be permitted in the above described Real Estate.
8. The parking, storage, or use of major recreational equipment (e.g. recreational vehicle or camping trailer) is not prohibited except that no major recreational equipment shall be stored on any lot except in a garage or carport or behind the nearest portion of a building to the street. It is further permitted that major recreational equipment may be used and stored on the lot prior to construction of a dwelling unit for a continuous period not to exceed 9 months per calendar year. Said usage shall comply with all applicable codes and ordinances.
9. Access Drives shall be installed in a manner designed to cause a minimal interference with normal drainage. One drive to lot on R/W shall be constructed, prior to sale of lot by Eagle Deer Reserve, Limited.
10. No part of any lot shall be used for dumping of garbage, trash, unlicensed vehicles or refuse of any kind, except that debris may be temporarily present in connection with construction work. No trash receptacles, etc. shall be placed on common roadways except those containers designated by the Association.
11. All animals shall be under control of the owner at all times.
12. All Road Maintenance grading, graveling, and snowplowing shall be the responsibility of the lot owners and shall be governed and paid by the Eagle Deer Reserve Membership Association through assessment as described.
The maximum assessment per unit for road maintenance would be $50.00 per year unless said sum in increased by vote of no less than 60% of the lot owners. Road maintenance shall not include snow removal. Snow removal shall be handled as follows. Those lot owners desiring snow removal shall inform the Board of Directors in writing no later than October 1 of each year of their desire for snow removal services. The Board of Directors shall determine a per unit expense for snow removal based on the number of lot owners requesting said service. Those lot owners who have not requested snow removal shall not be entitled the use of the private roadways for ingress and egress during the snow removal season for the period following their failure to apply for snow removal services. The Board of Directors shall establish an assessment based on the following formula. Improved lots shall pay 100% of the assessment. Unimproved lots shall pay 25% of the normal assessment. There shall be a $200 surcharge on each lot constructing an improvement. This surcharge is designed to provide for the extraordinary road maintenance expenses incurred by the transportation of construction equipment over and across the private roadway system.
13. The Lots as described in the Covenants include common land with 1500' of shore line with the west 400' for Marina, Boat Dockage, and the remainder beach and park area.
a) Boat Dockage: It is intended that all boat docks be maintained at the west end and that no more than two common dock accesses extend from the shore line. Docks shall all be constructed of common design and materials. Eagle Deer Reserve, Ltd. will provide an initial section of dock 8' wide x 80' long. Each property owner shall be responsible to furnish a minimum of 6 lineal feet of 4'wide dock and 10 lineal feet of 3' wide dock for every boat that is moored at the dockage. The docks shall become common property and be maintained by the Membership Association including seasonal installation and removal. Boat lifts and like equipment are not included as part of the common property and shall be the responsibility of the individual property owner ( see attached drawing and details).
b) Beach and Park Area: This area is intended as common use and shall be utilized as such. No property owner (s) shall designate an area as being for their use only.
Owners, therefore, declare that there shall be created under the laws of the State of Wisconsin, a nonprofit membership association called Eagle Deer Reserve Membership Association and delegated and assigned to it are the powers of the appurtenances, structures, grounds and common roadways on the described common roads and land. The Membership Association shall be responsible for enforcing the other covenants and restrictions set forth above.
Membership in said association is limited to the owners of lots described above. There shall be one membership for each lot and one vote in said association for each lot.
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
MEMBERSHIP: Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessments.
VOTING: The Association shall have three classes of voting membership.
Class A. Class A members shall be owners of lots within the development with the exception of the Developer and shall be entitled to one vote for each lot owned. When more than one person holds and interest in a Lot, all such persons shall be members. The unit vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. Class B members shall be owners of lots utilizing the 66 foot wide access road, which lots are not a part of the Development as here in described:
The following certified survey maps, all as recorded in the office of The Burnett County Register of Deeds:
A. Vol 7, pages 33-34 lot 1
B. Vol 7, pages 167-168 lots 5, 6, 7
C. Vol 7, pages 169-170 lots 1, 3
D. Vol 8, pages 68-69 lot 2
E. Vol 9, pages 279-280 lots 1, 2
F. Vol 10, pages 201-202 lots 1, 2
G. Vol 10, pages 321-322 lots 21, 22
H. Vol 10, pages 323-324 lots 41, 42
I. Vol 11, pages 231-232 lots 1, 2, 3, 4
Class B members shall be entitled to one vote for each lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The unit vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. This membership is restricted solely to the use of private 66' wide access road.
Class C. Class C members shall be the Developer and shall be entitled to three votes for each lot owned. The Class C membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: when the total votes outstanding in the Class A and B membership is equal to the total votes outstanding in the class C membership, or on July 1, 1992.
There shall be an annual meeting each year on the third Saturday of June commencing at 1:00 o'clock p.m. Said meeting shall be held on the real estate described or at such place as is designated by the Board of Directors. The first meeting shall be held on the third Saturday of June, 1988. At the annual meeting a Board of Directors comprised of three members shall be elected.
The Board of Directors shall have the power to manage the common roads, land structures, and improvements and to provide for its repairs, maintenance, and replacement and to enforce any or all of the covenants and restrictions contained herein. They shall also be empowered to provide proper insurance coverage for common properties and roads.
The Board of Directors shall also be empowered to determine the assessment necessary for the payment of the real estate taxes on the roadways and common properties and all other costs of the Association and to make an assessment against each lot to raise the funds necessary to pay said taxes and costs.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION:
THE COMMON AREA: The Association, subject to the rights of the Owners set forth in this declaration, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon, including sewer and water lines, if any.
SERVICES: The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for property operation whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Properties or the enforcement of this Declaration. The Association may arrange with others to furnish trash collection, street and driveway, snow removal, lawn care, and other common services to Owners.
PERSONAL PROPERTY FOR COMMON USE: The Association may acquire and hold for the beneficial use and enjoyment of all the Owners tangible and intangible personal property and may dispose of the same by sale or otherwise.
All roadways described above and any future roadways created due to relocation or the creation of additional lots in the expansion area described above, shall be and remain private roadways and restricted to private single-family use for ingress and egress for owners and their guests.
The Board shall have the power to determine the expenses in regard to the enforcement of these covenants and restrictions and in connection with the repair, maintenance, and replacement, and the actual expenses of the Board of Directors in arranging and advising the membership of the assessment for said work. Each time work is done on the project, the Board shall levy an assessment against each lot to cover the cost of said expenditure. Each lot shall share equally in the cost of said repairs, maintenance, replacement, or enforcement. Provided, however, the Board shall have the option with the consent of the membership to prepare an annual budget for the approval at the annual meeting and to make an annual assessment against each lot to raise the funds necessary to meet the expenses of the annual budget.
If the membership does approve the concept of annual assessments, no assessment shall be made without approval of the amount at the annual meeting.
These conditions, restrictions, reservations, and covenants shall run with the land and shall be enforceable in equity by any of the owners of said lots and shall be open to amendment on the annual meeting date, 1996. Amendments of these covenants may be made by a majority vote of the then lot owners agreeing to amend the said covenants in whole or in part.
Dated this 3rd day of May 1988
Eagle Deer Reserve Limited
BY
Gary A. Pavlicek, President
Karen J. Pavlicek, Secretary
Notarized by George W. Benson
Recorded May 4, 1988, Burnett County Register of Deeds
AMENDMENT TO COVENANTS AND RESTRICTIONS
Vol 431 page 585 Number 12 is hereby amended to add the following:
The charges for road maintenance will be $50 per year per sold lot. The developer will pay $25 per year on unsold lots for road maintenance.
It was M/S/C, at the annual meeting held August 17, 1996, that paragraph 12 be amended to change the assessment, EDR as developer will pay $25 per year per lot, with all other land owners paying $50 per lot.