AMENDMENT TO DOOR CREEK DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS Document Number
DANE COUNTY REGISTER OF DEEDS
Title of Document
This Amendment (the "CURRENT AMENDMENT") to
ii-02-aooi 12:0a PM Trans-
the Door Creek Declaration of Conditions, Covenants and Restrictions
is made
as of the
_)t
Inc., a Wisconsin Corporation (the "DEVELOPER"), by David P. Simon, President of the Developer and the representative
of the Architectural
R e c Fee Pages
37.00 14
day of
, 2001, by Don Simon Homes,
designated
Fee
Control
0 01 6 1 1 Record this document with the Register of Deeds Name and Return Address: Gregory J. Paradise Mohs, MacDonald, Widder S Paradise 20 North Carroll Street Madison, WI 53703
Committee created by the foregoing Declaration.
See. fltiocta^ f*)*\ tarts WITNESSETH:
(Parcel Identification Number)
WHEREAS, Developer has caused to be executed and recorded that certain Declaration of Conditions, Covenants and Restrictions for Door Creek, which was recorded in the office of the Dane County Register of Deeds on the 27th day of March, 2000, as Document Number 3200093 (the "DECLARATION"), which Declaration was subsequently amended by the amendments described in Exhibit "A", attached hereto and incorporated herein by reference (collectively the "AMENDMENTS"); and WHEREAS, the real property affected by the Declaration and the Amendments is described in Exhibit "B," attached hereto and incorporated herein by reference; and WHEREAS, pursuant to Section D-1 of the Declaration, Developer may modify, amend, alter and grant variances to the Declaration. NOW, THEREFORE, Developer does hereby amend the Declaration as follows:
in
1)
Capitalized Terms. Capitalized terms which are not otherwise defined herein
shall be defined as set forth in the Declaration.
0 0 16 J 2 2)
Name of Association. The name of the Association shall be changed from Door
Creek Homeowners Association, Inc., to Door Creek and Reston Heights First Addition Homeowners Association, Inc. Developer shall, contemporaneously with the recording of this Current Amendment cause the Association to be incorporated.
Article A-1 (A) of the
Declaration shall be amended accordingly. 3)
Property Subject to the Declaration.
As defined in Section A-1 (C) of the
Declaration, the term "Property" shall include the lands described in Exhibit "B" to this Current Amendment, and also the lands described in Exhibit "C" to the Current Amendment, which Exhibit "C" is attached hereto and incorporated herein by reference, all of which lands are hereby made subject to all terms, convenants and conditions of the Declaration as previously amended and as amended herein. All references to the term "Property" or "Properties" in either the Declaration or the Amendments shall include all of the property described in Exhibit "C" attached to this Current Amendment. The real property described in Exhibit "C," except for the Multi-Family Lots, as that term is defined in Paragraph (4) below, shall be herein referred to as the "Reston Heights Lots."
4)
Multi-Family Lots.
Lots 230-246, inclusive, of the First Addition to Reston
Heights (the "MULTI-FAMILY LOTS") are hereby made subject to the following provisions. A)
The Multi-Family Lots shall be developed and used for multi-family
residential purposes, including but not limited to the development of multi-unit apartment buildings and/or condominium homes for owner and non-owner occupants.
Multi-unit
apartment buildings and/or condominium homes for owner and non-owner occupants may 2
include multi-story structures. Each lot shall contain that number of residential units set forth in Exhibit "D" attached hereto and incorporated herein by reference.
0 0i 6J 3 B)
The Multi-Family Lots shall be subject to all terms, covenants and
conditions of the Declaration and the Amendments, except Part B (B-3) of the Declaration, and any provision of the Declaration or the Amendments which would prohibit or restrict the construction of multi-family residential structures on the Multi-Family Lots. C)
All Multi-Family Lots shall be subject to assessment by the Association on
the same basis as all single family residential lots are subject to assessment by the Association, in accordance with the terms of the Declaration and the Amendments.
The reference in
Paragraph (A-3) of the Declaration to the conveyance of 90% of all lots in the subdivision shall mean 90% of all lots constituting the Property including all lands described in the attached Exhibits "B" and "C'\
D)
Purchasers of any part of the Property, by virtue of such purchase,
acknowledge that they agree that the Multi-Family Lots may be used for multi-family residential purposes and agree that they will not object to such use of the Multi-Family Lots. 5)
Miscellaneous Provisions. A)
Notwithstanding Section (B-3) of the Declaration, the Reston Heights Lots
shall be subject to the requirements of Exhibit "E", regarding minimum points for foundation plantings and total minimum landscaping points, attached hereto and incorporated herein by reference. The landscaping point schedule applicable to the Reston Heights Lots shall be as described in Exhibit "F", attached hereto and incorporated herein by reference. B)
The fence standards and criteria for the Reston Heights Lots shall be as 3
set forth in Exhibit "G", attached hereto and incorporated herein by reference.
0 0 1614 C)
The minimum dwelling unit sizes for the Reston Heights Lots shall be as
set forth in Exhibit "H", attached hereto and incorporated herein by reference. 6)
Specific Materials Required. Certain specific building materials will be required
in connection with the construction of any structure on any Reston Heights Lot or Multi-Family Lot.
All exterior siding shall be a Wolverine Brand Siding-Restoration Series Triple 3. All
shingles shall be Oakridge 25 Architectural Shingles.
Notwithstanding the foregoing, the
Developer or the Architectural Control Committee, as the case may be, can permit the substitution of any required material named in this paragraph, in the exercise of their sole discretion. 7)
Effect of this Current Amendment. Except as amended herein, all other terms,
covenants and conditions of the Declaration, the Amendments and this Current Amendment shall remain unchanged.
This Current Amendment shall be effective upon the date it is
recorded in the office of the Register of Deeds for Dane County, Wisconsin. Dated as of the date near first above written. (see attached signature page)
4
David P. Simon, President, and as a designated representative of the Architectural Control Committee established under the Declaration STATE OF WISCONSIN
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5
COUNTY OF DANE
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Personally came before me , the above named David P. Simon to me known to be the person who executed the foregoing instrument and acknowledged the sarqe jnthe capacity ajiip for the purposes therein intended.
Notary Public, State of Wisconsjn My Commission expires: CONSENT OF HOVDE REALTY, INC. The undersigned Donald I. Hovde, Chairman of the Board of Hovde Realty, Inc., a Wisconsin Corporation, which corporation is the owner of Lots 241 and 242, First Addition of Reston Heights, City of Madison, Dane County, Wisconsin, does hereby consent to the foregoing Amendment and agrees that said Lots 241 and 242 shall be subject to all terms, covenants and conditions of the Declaration as amended herein. HOVDE REALTY, INC.
, Chairman of the Board ACKNOWLEDGEMENT STATE OF WISCONSIN )ss> COUNTY OF DANE
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EXHIBIT "C"
0 0 16 J8
Legal Description of All Reston Heights First Addition Lots Subject to this Current Amendment Parcel Numbers: 251-0710- 122-0127 -5 Lot 211 251-0710- 122-0128 -3 Lot 212 251-0710- 122-0129 •1 Lot 213 251-0710- 122-0130 -8 Lot 214 251-0710- 122-1601 -8 Lot 215 251-0710- 122-1602 -6 Lot 216 251-0710- 122-1603 -4 Lot 217 251-0710- 122-1604 -2 Lot 218 251-0710- 122-1605 -0 Lot 219 251-0710- 122-1606 -8 Lot 220 251-0710- 122-1607 •6 Lot 221 251-0710- 122-1608 •4 Lot 222 251-0710- 122-1702 -4 Lot 223 251-0710- 122-1703 -2 Lot 224 251-0710- 122-1704 -0 Lot 225 251-0710- 122-1705 -8 Lot 226 251-0710- 122-1706 -6 Lot 227 251-0710- 122-1707 -4 Lot 228 251-0710- 122-1708 -2 Lot 229 251-0710- 122-1709 -0 Lot 230 251-0710- 122-1710 -7 Lot 231
251-0710-122-1711 •5 Lot 251-0710-122-1712 •3 Lot 251-0710-122-1713 -1 Lot 251-0710-122-1714 •9 Lot 251-0710-122-1715 •7 Lot 251-0710-122-1716 •5 Lot 251-0710-122-1717 •3 Lot 251-0710-122-1718 •1 Lot 251-0710-122-1719 •9 Lot 251-0710-122-1806 -4 Lot 251-0710-122-1805 •6 Lot 251-0710-122-1804 •8 Lot 251-0710-122-1803 •0 Lot 251-0710-122-1802 -2 Lot 251-0710-122-1801 -4 Lot 251-0710-122-1609-2 251-0710-122-1701-6 251-0710-122-1720-6 251-0710-122-1808-0 251-0710-122-1807-2
232 233 234 235 236 237 238 239 240 241 242 243 244 245 246
Outlot Outlot Outlot Outlot Outlot
22 23 24 25 26
EXHIBIT "D" Multi-Family Lot Unit Information Lot# 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246
# of Units 2 1 1 2 2 1 1 1 1 1 1 4 4 4 4 4 20
9
0 0 1C 1J
001G20 EXHIBIT "E" Minimum Points for Foundation Plantings and Total Minimum Landscaping Points
Lots
Minimum Points For Foundation Plantings
Total Minimum Landscaping Points
211-229
200
700
230
200
700
231/232
200
700
233
200
700
234
200
700
235/236
200
700
237/238
200
700
239/240
200
700
EXHIBIT "F"
ft
i) 1 G 2 1
Landscape Elements and Points Schedule Elements
Point Schedule
A)
Small Shade Trees (balled and burlaped) (1.5"-2" caliper at 6" from the roots)
50
B)
Medium Shade Trees (balled and burlaped) (2"-3" caliper at 6" from the roots)
100
C)
Large Shade Trees (balled and burlaped) (3"-4" caliper at 6" from the roots)
150
D)
Extra-Large Shade Trees (balled and burlaped) (4" + caliper at 6" from the roots)
200
E)
Ornamental Trees (balled and burlaped) (1.5"-2" caliper at 6" from the roots)
50
F)
Small Evergreen Trees (3' to 4.5' when planted)
25
G)
Medium Evergreen Trees (51 to 6.5' when planted)
50
H)
Large Evergreen Trees (7' + when planted)
100
I)
Evergreen Shrubs (18" minimum diameter)
20
J)
Small Deciduous Shrubs (18" to 35" in diameter)
10
K)
Medium Deciduous Shrubs (35" to 60" in diameter)
15
L)
Large Deciduous Shrubs (balled and burlaped) (60" or greater in diameter)
25
M)
Decorative Retaining Walls (Points are per face foot. Boulders, timbers, and stones only - no concrete walls included.)
10
N)
Paver Stone Walks, Paths or Patios (Points per square foot - no driveways included.)
1
The final point totals must consist of a balanced variety of the listed elements acceptable to the Developer (or Architectural Control Committee). Existing vegetation, trees and shrubs may be included in the point totals if they are properly protected and maintained during the construction process and located as such on the landscape plans submitted to the Developer (or Architectural Control Committee) for approval. 11
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622
EXHIBIT "G" Pagei Fence Standards and Criteria
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D O N SIMON HOMES
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2800 Royal Avmue - Madiwn, Wl 53713 (608)223-2626 Fax: (608)223-0623 O Copyright 20O0 Don Simoo Homes Inc. Protected Under AichhectmaT Wotfci Copyright Pmttctton Act of 1990.
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EXHIBIT "G" Page 2 Fence Standards and Criteria
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