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

RESTRICTIVE COVENANTS

WOODRIDGE DEVELOPMENT, INC., to the public:

KNOW ALL MEN BY THESE PRESENTS, that Woodridge Development, Inc., owner of certain loté in the City of Manitowoc, Wisconsin, known as DONEFF’S NAGLE AVENUE SUBDIVISION, 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 their 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 DONEFF’S

NAGLE AVENUE SUBDTVISION.

1. Single Family Residence

(a) Construction of a one story residence shall contain not less than 1500 square feet.

(b) Construction of a one and one-half or two story residence shall contain not less than 900 square feet on the first floor, with the total of both floors to be a minimum of 1,800 square feet.

(c) Construction of a raised ranch residence shall contain not less than 1,500 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 1,500 square feet.

2. Duplexes are not permitted by zoning ordinances.

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3. Design Restrictions

(a) At least 25% of the front of each residence shall be brick, stone, wood or vinyl shakes.

(b) Buildings may be built only in the following area of each lot. This area shall hereafter be called the “Building Envelope”: 

(C) No buildings may be constructed beyond the “Building Envelope” limits with the exception of:

(1) Open Wall Gazebos

(2) Clothes Lines

(3) Swing sets, play houses

(d) Dog runs may be built within the “Building Envelope” area only.

(e) No fences will be permitted beyond the “Building Envelope”, except that living hedges may be planted along the side yard property line from the front yard property line to a maximum distance of 180 feet from the front yard property line.

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

(a) Single family residences;

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

(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.

The erection of above or below ground swimming pools, tennis courts, storage sheds, dog runs and dog houses are permitted only within the “Building Envelope” as described in 3(b) above. 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.

5. 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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6. No billboards, other than the developer 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 an owner may desire to indicate his name and address but in no case shall any such sign exceed an area of 6 square feet.

7. No part 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.

8. 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 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.

9. 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.

10. The building plans and site plans for any construction proposed for real estate governed by these restrictive covenants shall be submitted for approval to Woodridge Development, Inc. at least fourteen (14) days before the construction is to commence. Woodridge Development, Inc. reserves the right to make modifications to exterior building details and color selections in an effort to maintain the attractive and harmonious nature of the subdivision; as well as an environmentally conscious approach to the use of the land, especially regarding building placement.

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11. 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 DONEFF’S NAGLE AVENUE SUBDIVISION 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 lots, it is agreed to remove or charge them in whole or in part.

12. Woodridge Development, Inc. 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 DONEFF’S NAGEL AVENUE SUBDIVISION.

13. 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.

EXHIBIT A

Lots Nunthered One (1), Two (2), Three (3), and Four (4) (a/k/a Tract 2); Lot Numbered Five (5) (a/k/a Tract 1) and Lots Numbered Six (6) and Seven (7), all in Doneff’s Nagle Avenue Subdivision, Manitowoc, Wisconsin

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