RESTRICTIVE COVENANTS
The undersigned owners of Crispy Cedars Estates, for the purpose of enhancing and protecting the attractiveness and value of the land, hereby declare that all of the lots in the said plat shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, which shall be binding upon all parties having any right, title, or interest in the herein described property or any part thereof, their heirs, personal representatives, successors, or assigns, and the covenants contained herein shall inure to the benefit of each owner thereof.
Premises: The restrictive covenants set forth apply to Lots One (1), Two (2), Three (3) and Four (4) in Certified Survey Map No. 1844, recorded in Volume 11 Certified Survey Maps, page 152, Document no. 667129, located in part of the SE ¼ of the SE ¼ of Section 29, T27N, R24E, Town of Gardner, Door County, Wisconsin (copy attached as Exhibit A).
Enforcement: The owner of any covered lot, or the owner of any interest therein, is authorized to maintain legal proceedings, either at law, or in equity, against any party who shall violate any of the restrictive covenants for the purpose of barring, enjoining, or terminating such violation, and for the additional purpose of recovering damages for such violation if damages are appropriate.
Partial invalidity: The invalidation of any of these restrictive covenants by final order or final judgment of a court of competent jurisdiction shall not affect the enforceability of the remaining covenants, all of which shall be in full force and effect.
Variance: Variance of any of these restrictive covenants must be approved in writing by the Crispy Cedars Review Board of Crispy Cedars Estates, and shall not affect the enforceability of the remaining covenants, all of which shall be in full force and effect.
Crispy Cedars Review Board: The Crispy Cedars Review Board of Crispy Cedars Estates shall consist of Kevin Slezewski and Tracy Slezewski or the survivor of them. In the event of the death of both of them, their heirs shall take their places on the board. Kevin Slezewski and Tracy Slezewski reserve the right to appoint someone to the board should they deem it necessary. In the event that all property owned by Kevin Slezewski and Tracy Slezewski surrounding Crispy Cedars Estates is sold to another party, the Crispy Cedars Review Board shall consist of the airport property owner and each property owner in Crispy Cedars Estates. Each owner will account for one vote of the board.
The private airport referred to herein is on a tract of land described on Exhibit B attached and depicted on Exhibit C, attached hereto.
The owners of such tract are solely responsible for maintenance and repair of the facilities described herein, including, but not limited to, runway, taxiway, and airport markings to allow for safe operation of aircraft. The surface of the runway and taxiway shall be grass. Such facilities will continue to be provided by said owners unless they and all owners in Crispy Cedars Estates unanimously agree to terminate the airport and all its facilities. This agreement shall be binding upon and inure to the benefit of the owners of lots in Crispy Cedars Estates and the airport property and their heirs, personal representatives, successors and assigns.
Right of airport use: The undersigned owners of Crispy Cedars Estates shall have right of use of the airport property described in the easement (copy attached as Exhibit B). Such right shall be part of the binding agreement to the benefit of the owners, their heirs, personal representatives, successors and assigns, of lots in Crispy Cedars Estates and the airport property. Right of use of said private airport shall only be revoked if an owner has been proven by final order or final judgment of a court of competent jurisdiction to be repeatedly operating an aircraft in a manner that poses an imminent danger to person or persons, or property on the premises described herein.
Restrictive covenants:
1. No lot may be subdivided by plat, survey, or otherwise to create an additional buildable lot, except a minor subdivision to correct or adjust a property line.
2. In the event of common ownership of more than one lot and the construction of a building on more than one lot, the combined area shall be considered one lot.
3. Each property owner is responsible for maintaining all survey markers.
4. No well sharing is permitted.
5. No fill shall be removed from Crispy Cedars Estates without the written
permission of the Crispy Cedars Review Board of Crispy Cedars Estates. The owner of any lot which has excess material shall make arrangements with the Crispy Cedars Review Board as to the location to unload said excess fill material and shall be responsible for hauling the material to that location within Crispy Cedars Estates.
6. Each lot must be graded and maintained by each property owner to provide adequate drainage of surface water without draining onto another lot unless approved in writing by the owner(s) of said other lot.
7. No retail or high profile business shall be conducted on any lot or residence; no advertising signs are permitted to be displayed on any lot or residence. High profile business being defined as a business that operates with a hired employee or employees, daily business hours, or results in regular visits from general public consumers.
8. No temporary or partially completed structure of any kind shall be permitted for dwelling purposes, other than during construction of a permanent dwelling.
9. No dwelling may be erected, occupied, or used for other than a single family residential purposes.
10. No building shall be utilized for rent based occupancy.
11. No building shall be erected on any lot until a copy of the final plans and specifications showing the nature, size, kind, shape, height, materials, location, and grade of the structure be first submitted to and approved in writing by the Crispy Cedars Review Board of Crispy Cedars Estates; provided, however, that when a residence has been completed, a purchaser may presume the covenant has been satisfied.
12. No residence of less than one thousand two hundred (1,200) square feet of heated living area, excluding porch area, carport, garage, or hangar space shall be erected or constructed on any lot. Hangar may be attached or unattached.
13. All structures larger than one hundred fifty (150) square feet shall be constructed on a permanent masonry foundation.
14. All homes must have a minimum 5/12 roof pitch.
15. Prefabricated or manufactured homes are allowed provided they abide by the guidelines described herein, and have been approved in writing by the Crispy Cedars Review Board of Crispy Cedars Estates.
16. No envelope or earth homes are permitted.
17. No structure shall be located nearer than sixty five (65) feet from the centerline of the road, nor nearer than twenty five (25) feet to the adjacent taxiway, runway, or to the side lot line of any lot. No obstruction greater than eighteen (18) inches in height shall be located on any lot nearer than ten (10) feet to taxiway or runway.
18. Any dwelling shall be completed within one (1) year after excavation of foundation. All construction must be done in a professional, workmanlike manner.
19. All landscaping must be completed within nine (9) months of occupation of a structure for residential purposes.
20. All improvements, additions, and modifications must be completed within one (1) year from the commencement of the same.
21. No outbuilding, mini-barn, or storage shed shall be erected upon any lot in the plat without the written approval of the Crispy Cedars Review Board of Crispy Cedars Estates.
22. Only daytime takeoffs and landings are permitted. Federal Aviation Administration regulations apply for daytime operation.
23. Aircraft must be stored in a fully enclosed hangar when not in use. Temporary buildings, awnings, or quonset hut style structures are not permitted.
24. Owners of the adjacent private airport (sellers of Crispy Cedars Estates, or their heirs) shall be held harmless from any liability from personal injury or fatality, or property or aircraft damage regardless of the cause. Private airport and surrounding property damage shall be the responsibility of those determined to have caused said damage. Cost incurred to repair said damage shall be paid in full to the owners of the private airport within 15 days of completion of any repairs.