The Sauk Creek Neighborhood is divided into three plats - Original Plat, First Addition and Second Addition (see Neighborhood Map with Plats document). There are separate covenants and restrictions for each of the three plats of Sauk Creek. The covenants for the First Addition are similar to the Original Plat and have only minor differences. The covenants for the Second Addition are significantly different from the covenants for the Original Plat and First Addition (displayed below).
Original Plat (see Original Plat document) - homes on Canvasback Circle, Farmington Way, Pintail Circle and Whitacre Road
First Addition (displayed below) - homes on Brule Street, Brule Circle, Copper Circle, Geneva Circle, High Point Road, Plover Circle, Sauk Creek Drive, Sauk Creek Circle, St. Lawrence Circle, Wolf Street
Second Addition (see Second Addition document) - homes on Gray Fox Trail, Gray Fox Circle and Red Fox Trail
A & J DEVELOPMENT CORPORATION, a Wisconsin corporation (the "Developer"), owner of the real estate in the City of Madison, Dane County, Wisconsin, which has been platted as the plat of First Addition to Sauk Creek (the "Plat") hereby declares that all of the lots in the Plat (except Lot 241 which has been dedicated to the public for park purposes and except O.L. 2 and O.L. 3 which have been dedicated to the public for greenway, park purposes and storm water detention) are hereby subject to the following restrictions, covenants and conditions:
1. For all buildings erected or placed on any lot subject to this declaration, the plans, specifications, site plans and landscape plan must be submitted to the Developer, or the Developer's duly sworn authorized agent, or the Developer's successors and assigns, for written approval as to quality of workmanship and materials, harmony of exterior design including exterior colors, size, location with respect to topography, and finish grade elevation, prior to commencement of any construction on any lot.
After the Developer ceases to have any title to any lot subject to this declaration, the plans, specifications, and site plans must be submitted to a committee of three persons, elected by persons holding title to any lot or lots subject to this declaration, for approval in writing by a majority of said committee as to all of the items enumerated in the preceding paragraph. The election of the members of said committee (the "Architectural Control Committee") shall be for a three year term and held on the third Monday in March beginning March 2003. The election will be conducted by the Board of the Sauk Creek Neighborhood Association, Inc and held at a site selected by the board. All nominations shall be delivered to the president of the association on or before February 15 of the election year. Only persons holding title to any lot or lots subject to this declaration can make nominations and the nominator must have the prior consent of the person being nominated. Nominators may nominate themselves. The names of all properly nominated candidates shall be published to all persons holding title to any lot or lots subject to this declaration by mailing notice of the nominations, the time and place of the meeting where the election shall take place and an absentee ballot not later than 10 days after nominations close. The election shall take place not less than 15 nor more than 45 days after the mailing of the notice. Absentee ballots must be delivered to the president of the Sauk Creek Neighborhood Association on or before the date and time of the meeting at which the election takes place. The 3 candidates with the highest number of written ballots cast shall be deemed elected and take office on the Monday following the election. Vacancies created between elections shall be filled by the remainder of the Architectural Control Committee or the Sauk Creek Neighborhood Association, Inc Board of Directors, if requested in writing by the Committee.
By approval of the plans submitted to the Developer or the Architectural Control Committee, neither the Developer nor the Architectural Control Committee shall be responsible for obtaining any approval necessitated by the ordinances of the City of Madison, and neither the Developer nor the Architectural Control Committee gives any opinion or makes any representation that a building built pursuant to the plans will be structurally sound; or that the plans meet any city, county or state codes. Neither the Developer nor the Architectural Control Committee shall have any liability to any builder or lot owner with respect to the construction of and materials used in any building on a lot within the Plat. It shall be the builder and lot owner's sole responsibility to obtain all permits for the construction of any improvements on a lot in the Plat.
In the event the Developer or the Architectural Control Committee, whichever is then applicable, does not approve or reject such plans, specifications and site plans within fifteen (15) days after the same have been submitted to the approving authority, then such approval shall not be required in that instance.
2. For each building erected or placed on any lot subject to this declaration, the prime contractor or builder to be hired for construction of such building shall be approved in writing by the Developer or the Architectural Control Committee, whichever is then applicable, prior to commencement of construction.
The approval of the Developer or the Architectural Control Committee shall not be unreasonably withheld. Such approval may be withheld for reasons such as, the proposed contractor's or builder's financial status, business history and prospects,, building reputation or any other reason which would be similarly relied upon by a reasonably prudent businessman then developing a neighborhood of quality residential homes.
3. No alteration in the exterior appearance of existing buildings, including but not limited to exterior remodeling and the construction of patios, decks, and swimming pools shall be made without the prior written approval of the Developer or the Architectural Control Committee, whichever is then applicable.
4. The existing vegetation of each lot subject to this declaration, including trees of a diameter of three (3) inches or greater, shall not be destroyed or removed except as approved in writing by the Developer or the Architectural Control Committee, whichever is then applicable. In the event such vegetation is removed or destroyed without approval, the Developer or the Architectural Control Committee may require the replanting or replacement of same, the cost thereof to be borne by the-lot owner.
5. The elevation of a lot shall not be changed so as to materially affect the surface elevation or grade of the surrounding lots. A copy of all plot plans shall be kept by the Developer or the Architectural Control Committee for the benefit of other purchasers in planning their individual elevations. Violation of the grading plan as submitted shall allow either the Developer or the Architectural Control Committee, whichever is then applicable, or any adjacent neighbor within the Plat a cause of action against the person violating such grading plan. No earth, rock, gravel or clay shall be excavated or removed without the approval of the Developer or the Architectural Control Committee.
6. The Developer, after a period of ten (10) years from the date of recording of the final Plat or after seventy five percent (75%) of the lots in the Plat have been sold, whichever occurs first, may elect to assign all of the Developer's right to approve all of the items listed in paragraphs 1 through 5 above to the Architectural Control Committee.
7. Lots 62 through 240 in the Plat shall be used only for single family residential purposes. Persons acquiring title to any of said lots within the Plat are hereby notified that Lot 242 of the Plat is intended for multi-family (apartment) development and Lot 243 of the Plat is intended for commercial development and said persons specifically waive any rights to object to the development of said Lots 242 and 243 for the above stated use.
8. The following minimum floor area requirements shall apply to all single family residential buildings erected on Lots 67 through 120 and Lots 148 through 178 in the Plat:
a. No single story building shall have less than 1,800 square feet;
b. No two-story building shall have less than 2,300 square feet;
c. No raised ranch, bi-level, or tri-level building shall have less than 1,800 square feet on the main level;
d. The above minimum requirements may be waived by the Developer or the Architectural Control Committee, whichever is then applicable, in the event the proposed architecture and quality of the house is such as to present an appearance compatible with other houses in the Plat.
The following minimum floor area requirements shall apply to all single family residential buildings erected on Lots 62 through 66, 121 through 147 and 179 through 240 in the Plat:
a. No single story building shall have less than 1,500 square feet;
b. No two-story building shall have less than 1,900 square feet;
c. No raised ranch, bi-level, or tri-level building shall have less than 1,500 square feet on the main level;
d. The above minimum requirements may be waived by the Developer or the Architectural Control Committee, whichever is then applicable, in the event the proposed architecture an quality of the house is such as to present an appearance compatible with other houses in the Plat.
For the purpose of determining floor area, stair openings shall be included but open porches, screened porches, attached garages and basements, even if the basements are finished, shall be excluded. All measurements shall be taken from the outside walls.
9. All single family residential buildings must have an attached garage and such garage must contain not less than two (2) nor more than three (3) automobile garage stalls.
10. No building previously erected elsewhere may be moved onto any lot subject to this declaration, except new prefabricated construction which has been approved by the Developer or the Architectural Control Committee, as previously set forth.
11. All driveways must be paved or concrete. No more than two (2) domestic animals may be kept on any lot subject to this declaration. Commercial animal boarding, kenneling or treatment is expressly prohibited whether for fee or not. Accessory buildings are expressly prohibited except where approved in writing in advance by the Developer or Architectural Control Committee, whichever is then applicable. Landscape planting and maintenance of the premises and adjoining street terrace shall be the responsibility of the lot owner. Where public sidewalks exist, it is the responsibility of the abutting lot owner to maintain same in a safe and passable condition, reasonably free from snow, ice or obstruction.
12. No-trailer, basement, tent, shack, garage, barn, or any part thereof, shall ever be used as a residence, temporary or permanent, nor shall any residence be of a temporary character.
13. Parking of service vehicles owned or operated-by residents of homes is prohibited unless such vehicles are kept in garages. Storage of boats, travel trailers, mobile homes, campers, and other recreational vehicles is prohibited unless kept inside garages. This shall not prohibit the temporary storage of such vehicles for the purposes of loading or unloading for a period not to exceed forty-eight (48) hours. No cars or other vehicles shall be parked on lawns or yards at any time.
14. All areas of lots not used as a building site or lawn or under cultivation as a garden shall have cover crop or be so cultivated or tended as to keep such areas free from noxious weeds. The lot owner shall be responsible for maintaining the lot in a neat appearance. Except for wooded lots left in natural state, the owner shall mow the lot at least four (4) times annually. This paragraph shall not be construed to prevent a family garden or orchard.
15. On any lot conveyed by deed from the Developer, construction shall be commenced within one (1) year from the date of such deed. Upon violation of this restriction, the Developer shall have the option, exercisable by written notice to the lot owner within ninety (90) days of the expiration of such one (1) year period, to have said lot conveyed to the Developer at the original sales price, free and clear of any liens and encumbrances created by act or default of the owner of such lot, with taxes and installments on assessments for the year in which such conveyance occurs being prorated as of the date of such conveyance.
16. Construction of all buildings shall be completed within six (6) months after issuance of a building permit for the respective building. Landscaping (including grading, sodding, and seeding) shall be completed within ninety (90) days of completion of construction, provided weather conditions so allow. If such construction or landscaping is delayed due to matters beyond the control of the owner, the time for completion shall be extended by the period of such delay.
17. No exterior antennas, satellite dishes, solar panels, outdoor kennels, walls or fences shall be permitted unless approved in writing in advance by the Developer or the Architectural Control Committee, whichever is then applicable, as to location, material, height and color.
18. No noxious or offensive trade or activity shall be carried on, nor shall anything be done which may be or will become a nuisance to the neighborhood. This shall not be construed to prevent a vegetable garden or orchard, provided that all vegetable gardens and orchards shall be located in back or side yards.
19. The owner of any lot subject to this declaration shall not change the elevation of the utility easement in excess of six (6) inches without the permission of Madison Gas and Electric Company and shall be responsible for any damages caused to underground utilities based on any changes in grade by more than six (6) inches.
20. This declaration shall run with the land and shall be binding on all persons having an interest in the Plat for a period of twenty-five (25) years after the Plat is recorded, after which time this declaration shall automatically stand renewed for successive five (5) year periods unless the same is canceled as provided in Section 23 below. If any person, or his heirs, successors or assigns, shall violate or attempt to violate any of the covenants and restrictions contained herein while this declaration is effective, any person or persons owning any lot or lots in the Plat shall have standing to bring proceedings at law or equity against the person or persons violating or attempting to violate any such covenants or restrictions, and the prevailing party shall be awarded reasonable attorneys fees and costs.
21. No lot as platted shall be re-subdivided. This covenant shall not be construed to prevent the use of one lot and part or all of another lot or lots as one building site.
22. No signs of any type shall be displayed to public view on any lot without the prior consent of the Developer or the Architectural Control Committee, whichever is then applicable, except lawn signs of not more than four (4) square feet in size advertising property for sale.
23. These restrictions or any part thereof may be canceled, released, amended, or waived in writing as to some or all of the lots subject to this declaration by any instrument signed by the Developer and the owners of one-half of the lots subject to this declaration, in assessed value according to the last tax roll, or if the Developer has released or assigned the Developer's rights under this declaration, as above provided, then by an instrument in writing signed by the owners of one-half of the lots subject to this declaration, in assessed value according to the last tax roll.
24. All buildings constructed on any lot subject to this declaration shall conform to all governmental zoning requirements and all side-yard and set-back requirements imposed by the local ordinance. The Developer or the Architectural Control Committee, whichever is then applicable, shall have the right to change the side-yard and set-back requirements for new construction within the Plat from time to time at their sole discretion.
25. Invalidation of any one of these covenants or any severable part of any covenant, by judgment or court order, shall not affect any of the other provisions., which shall remain in full force and effect.
26. Only mail boxes (and support columns) approved by the Developer or the Architectural Control Committee shall be used in the development.
Anchor Savings and Loan Association, a Wisconsin corporation, as holder of a certain mortgage, dated May 13, 1987, by A & J Development Corporation, a Wisconsin corporation, as Borrower, and recorded on May 14, 1987 as Document No. 2017926, which Mortgage constitutes a lien on the following described property in the Plat of First Addition to Sauk Creek, in the City of Madison, Dane County, Wisconsin:
Lots Sixty-two (62) through One Hundred Twenty-two (122) inclusive, Lots One Hundred Forty-five (145) through One Hundred Seventy-eight (178) inclusive, Lot One Hundred Seventy-nine (179) and Lot Two Hundred Eighteen (218);
hereby joins in the execution of the foregoing declaration of covenants, restrictions and conditions in order to consent thereto and to subject its interest in the above-described property to same.
Dated this 10th day of June 1987 (CORPORATE SEAL)
STATE OF WISCONSIN
COUNTY OF DANE
Personally came before me, this 10th day of June 1987, respectively, of Anchor Savings and Loan Association, a Wisconsin corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority.
(NOTARIAL SEAL) Betty J. West - Notary Public, Dane County
IN WITNESS WHEREOF, the undersigned have executed this instrument on this 1st day of June, 1987.
STATE OF WISCONSIN, COUNTY OF DANE
Anthony J. Haen
Jeffrey J. Haen
On this 1st day of June, 1987 before me, a Notary Public, personally appeared Anthony J. Haen, Jr. And Jeffrey J. Haen, to me known, who are being by me duly sworn, did depose and say that they are the President and Secretary, respectively, of A & J Development Corporation, a Wisconsin corporation, described in the foregoing instrument and which executed the foregoing instrument and that they are authorized to execute said document on behalf of said A & J Development Corporation, as such officers.
(NOTARIAL SEAL) Betty J. West - Notary Public, Dane County
This instrument was drafted by and, after recording, should be returned to Foley & Lardner, One South Pinckney Street, Post Office Box 1497, Madison, Wisconsin 53701.
"Haen Investment Company Limited Partnership, a Wisconsin limited partnership, as the vendor under a land contract, dated as of may 13, 1987, with A & J Development Corporation, a Wisconsin corporation, as Purchaser, which land contract was recorded on May 14, 1987 as Document No. 2017924 and which land contract currently applies to the following described property in the Plat of First Addition to Sauk Creek, in the City of Madison, Dane County, Wisconsin:
Lots One Hundred Twenty-three (123) through One Hundred Forty-four (144) inclusive; Lots One Hundred Eighty (180) through Two Hundred Seventeen (217); Lots Two Hundred Nineteen (219) through Two Hundred Forty (240) inclusive; Lot Two Hundred Forty-two (242); Lot Two Hundred Forty-three (243);
hereby joins in the execution of the foregoing declaration of covenants, restrictions and conditions in order to consent thereto and to subject its interest in the above-described property to same."
Dated this 1st day of June 1987
HAEN INVESTMENT COMPANY
LIMITED PARTNERSHIP
By: A.J. Haen
STATE OF WISCONSIN
COUNTY OF DANE ss
Personally came before me, this 1st day of June, 1987, A. J. Haen, a general partner of Haen Investment Company Limited Partnership, a Wisconsin limited partnership to me known to be the person who executed the foregoing instrument, and to me known to be such general partner of said limited partnership, and acknowledged that he executed the foregoing instrument as such partner as the deed of said limited partnership, by its authority.
(NOTARIAL SEAL) Betty J. West - Notary Public, Dane County
Register’s Office
Dane County, WI ss
Recorded on June 19th 1:51 PM , 1987
by Carol Mahnke
Register of Deeds
Volume 10203 Pages 75 - 83
2026826