HomeMy WebLinkAbout008-206-00-0500-VAR-2003-031 Office of
Sawyer County Zoning Administration
P.o.sox 676
Hayward, Wisconsin 54843
(715)634-8288
September 18, 2003
Judith A. and Robert E. Skar
2388N County Hwy. F
Birchwood WI 54817
Dear Mr. and Mrs. Skar,
On September 16, 2003, the Sawyer County Board of Appeals approved your application for
variance on the following described real estate to wit:
Robert E. Skar et ux. Unit 5, Bay Vue Condiminium, being Part of Govt Lot l, S 5, T
37N, R 9W, Parcel —18.5. Vol 695 Records Page 77-94. .34 acres. Property is zoned
ResidentiaURecreational One. Application is for the construction of a 12'x26' addition
onto an existing resort cabin/condominium unit at a setback distance of 60' from the ordi-
nary high water mark of Lake Chetac. Variance is requested as Section 4.49(2), Sawyer
County Zoning Ordinance, would require a minimum setback distance o f 7 1' from the
lake as the average setback was determined at t hat d istance. T he T own B oard h as ap-
proved the application.
The Sawyer County Board of Appeals approved the application as submitted with a 2 year time
limit.
Findings of Fact of the Board of Appeals: It would not be a self-created hardship. There would be
no change in the use in the zone district. It would not be damaging to the rights of others or prop-
erty values.
Any person or persons jointly aggrieved by this decision of the Board of Appeals may commence
an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within
30 days after the date of this notice. In future correspondence, or in applying for permits, please
refer to Variance 03-031.
Yours truly,
Cindy K. Yackley
Deputy Zoning Administrator
CKY:kt
Office of
Sawyer County Zoning Administration
P.o.sox 676
Hayward, Wisconsin 54843
(715)634-8288
September 18, 2003
To: Town Clerk—Edgewater
Re: Variance Application 03-031
Notice is hereby given that on September 16, 2003, the Sawyer County Zoning Board of
Appeals approved the following application:
Robert E. Skar et ux. Unit 5, Bay Vue Condominium, being Part of Govt Lot 1, S
5, T 37N, R 9W, Parcel—18.5. Vol 695 Records Page 77-94. .34 acres. Property is
zoned Residential/Recreational One. Application is for the construction of a
12'x26' addition onto an existing resort cabin/condominium unit at a setback
distance of 60' from the ordinary high water mark of L ake C hetac. V ariance i s
requested as Section 4.49(2), Sawyer County Zoning Ordinance, would require a
minimum setback distance of 71' from the lake as the average setback was
determined at that distance. The Town Board has approved the application.
The Sawyer County Board o f Appeals approved the application as submitted with a 2
year time limit.
Findings of Fact of the Board of Appeals: It would not be a self-created hardship. There
would be no change in the use in the zone district. It would not be damaging to the rights
of others or property values.
Any person or persons jointly aggrieved by this decision of the Board of Appeals may
commence an action in the Circuit Court for Writ of Certiorari to review the legality of
this decision within 30 days after the date of this notice.
Yours truly,
Cindy K. Yackley
Deputy Zoning Administrator
CKY:kt
Enc.
� - Sawyer County Zoning Administration r- O
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Inspection Report � �
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Owner(s) Robert E.and JudiYh A.Skar 715 354-3771 � � C
Address 2388N Counry Highway F Birchwood Wisconsin 54817 � � k
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Inspection � Private � Public Violation � Zoning � Sanitation a
� Dwelling � Mobile Home � Commercial � Garage � Addition �
� Setbaek-Lake � Setback-Road � Setback-Lot Line � Soils Verificarion �
� Proposed addition onto an existing cabin `''
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WD Vo1265 pg 525,DECL Vol 695 pg 77 RR-I Acres:0.337 � �
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Discussed with Mr.Skar � �
Date&Time April 3,2000 9:00 A. . �-Q, R�✓�usr�b 2� g%�15�/I�.
Signature of Inspectox� ��
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om��e or
Sawyer County Zoning Administration
P. O. Boz 6fi8
Hayward, Wisconsin 54843
(715)634-8288
URL: wwwsawyercountygov.org
E-mail: scgzone�iD,winbrighLnet
July 28, 2003
€ Robert E. Skar
2388 N County Hwy F
Birchwood, WI 54817
RE: Parcel —18.7, S O5, T 37N, R 09W, Unit O5, Bay Vue Condominium, Town of
Edgewater: Application for Vaziance
Dear Mc Skar.
I have enclosed the following documents with this letter:
• Inspection Report for the above property (Apri13, 2000),
• "Court Decisions Regarding the Granting of Variances,"
• "Application for Variance - Additional Information,"
• a copy of the Sawyer County Board of Appeals Conclusions of Law Form (This is the
Form that the Board members will use to determine if your situation meets the
requirements for the granting of the variance that you have requested.) and a
• completed "Variance Application."
If you believe that you meet the criteria for the requested vaziance you should review the
application for correctness. If correct, sign the application and retum it to this office with
a check in the amount of$250.00 made out to the "Sawyer County Zoning
Administration" by Friday, August 1, 2003 for hearings in September 2003.
The "Application for Variance - Additional Information" must also be filled out and
returned with the Variance Application. Both documents together make up the entire
application that will be reviewed by the Sawyer County Board of Appeals. Failure to
return both of the documents or failure to complete either document in its entirety will
cause the variance application to be rejected by this office.
Your "Variance Application" will be reviewed at two public hearings. The first hearing
will held by the Town of Edgewater at 7:00 P.M., Tuesday, September 9, 2003. You
should contact Natalie Clemens, Town of Edgewater Clerk, at (715) 354-7747 (home) to
confirm the date and time.
The Sawyer County Board of Appeals will hold the second hearing at 7:00 P.M.,
Tuesday, September 16, 2003, in the lazge courtroom located in the Sawyer County
Courthouse. You or your representative should attend each hearing, especially the
heazing conducted by the Sawyer County Board of Appeals. Only the Boazd of Appeals
can grant the variance, the decision of the Town of Edgewater is advisory only.
It is your responsibility to convince the Board of Appeals to grant the variance that you
have requested. Therefore, you should consider using any means at your disposal (i.e.,
photographs, drawings, a good verbal presentation, etc.) as you present your facts to the
Board.
Please contact Mrs. Kitty Taylor if you have any questions. Office hours are 8:00 A.M. to
4:00 P.M., Monday through Friday.
Yours truly,
��Lt�� G;/fff1:��
William A. Christman
Zoning Administrator
Town of Edgewater f,,�"1(� s, �7(��� �
SawyerCounty I�la�+t�� �
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SEP 11 2Cn? `��
SUBJECT: Variance AppGcation - —
SAWYER COUNTY
dONIMG ADM�h11S7RATI0N
TO: Sawyer County Zoning Administration
P.O. Box 676 '
Hayward, WI 54843-0668
Owner: Judith A. and Robert E. Skar
Address:2388N County Hwy F,Birchwood, WI 54817
Property description: Unit #5 Bay Vue Condominium, being part of Gov't lot 1, S 5, T 37N, R 9W.
Volume and page of deed and survey: CD Volume 695 Records page 77-94
Acreage and lot size: 0.337 acres
Zone District: ResidentiaVRecreational One
Application is for: the construction of a 12' x 26' addition onto an existing cabin/condominium unit at a
setback distance of 60' from the ordinary high water mark of Lake Chetac.
Variance is requested as: Section 4.49(2), Sawyer County Zoning Ordinance,would require a minimum
setback distance of 71' as the average setback was determined at that distance from the lake.
By Action of the Town Board, Variance is: (�Approved O Denied O Tabled
Public Hearing: 16 September 2003
\��1 ��Q.:�,t
Carson Timblin, Chairman
�o'-�— `- �
Daniel Owens, Supervisor
u-
ob Reynolds, Supervisor
. . �►n�s � s �t�to�- Q. Z C � .
M Town of Edgewater v ���+ � .
v � County of Sawyer
28 July, 2003
Date
SUBJECT: Variance Application 03-031
To: Sawyer County Zoning Administration
� P. O. Box 676 � (.:� .�.c r"��c'��
Hayward, Wisconsin 54843-0668 � '� ' -�- !
��' `�:_,� � �� c, ,., . ii
Owner: Robert E. and Judith A. Skar �g ��
i�-.�., .�•��;
Address: 2388 N County Hwy F Birchwood WI 54817 �► �IqIM�`ik'(�!
Property description: Parcel in Part of Govt Lot Ol, S 5, T 37N, R 09W
008-206-00-0500, Unit #5 Bay Vue Condominium
Volume and page no. of deed: CD Volume 695 Records page 77 - 94.
Acreage and lot size: 0.337 acres
Zone district: Residential/Recreational One (RR-1)
Application is for: the construction of a 12' x 26' addition onto an existing resort cabin/condominium unit
at a setback distance of 60' from the ordinary high-water mark of Lake Chetac.
Variance is requested as: Section 4.49(2), Sawyer County Zoning Ordinance, would require a minimum
setback distance of 71 ' as the average setback was determined at that distance from the lake.
PH: 16 Sep 2003 , �j� /,�`/���,
7 : 00 PM ��i/ (�/" ���
� '-�c.�
Name and address of agent: Signatures of property owner and agent and/or
purchaser. The above hereby make application for a
variance. The above certify that the listed
i�formation and intentions are true and correct. The
above person/s/ hereby give permission for access to
the property for onsite inspections.
APPLICATION FOR VARIANCE
SAWYER COUN TY BOARD OF APPEALS
ADDITIONAL INFORMATION
(To be completed by applicant)
Completedby � p,�F,pT E � )kF}/�
(First Name) (MI) (Last Name)
(Attach addiiiona( pages as necessary when answering the following questions).
Your responses will become a part of the official record of proceedings of the Sawyer
County IIoard of Appeals.
Read the attached "CouR Decisions Regarding the Granting of Variances" prior to
answering the following questions.
Discussion:
To qualify for a variance, you must meet all three requirements of a three-step test.
1) Strict application of the dimensional requirements co�tained in the Sa�wer County
Zonine Ordinance would result in unnecessary hardship. Present Wisconsin cose lativ
descri6es hardship as being present only N-hen an trpplicant has demonstrated that he
or she wi/l hnve no reasonable use of the properry, in the absence of a variance. If a
parcel as a whole (but not necessarily each portion of the parcel) provides some
reasonable use for its owner, then the test is not met and a variance cannot be granted.
A variance cannot be granted because of a self-imposed hardship (i.e., purchasing
property with limitations and expecting that a variance would be granted to relieve
these limitations). A variance also cannot be granted, when in the absence of the
variance approval, the owner will suffer loss of profit or financial hardship. Decks
and similar minor accessory structures are not essential to the reasonable use of
property and are not eligible for variances.
2) The hardship must be due to unique physical limitations of the pronertv which are not
generallv shared bv other properties. Growin� families, additional livino area for
guests, the desire for a larger garage etc, are not factors in deciding variances.
3) A variance mav not be eranted which results in harm to public interests. The Sawyer
County Zoning Ordinance was adopted "for the promotion and protection of the
public health, morals, safety, and the general «�elfare." Additionally, the shoreland
zoning pcovisions of tl�e Ordinance, pxovides for water quality, wildlife habitat,
fisheries and natural scenic beauty protection of the County's lakes, rivers and
streams
4) Other considerations:
a. Self-created hardships. A property owner may not obtain a variance for a hardship
that is self-imposed. Examples include: creating a substandard lot when the owner
has sold off portions that would have prevented the hardship, creatin� a land-
locked parcel by selling property, building during the pendency of an appeal when
the owner does not prevail, and making improvements in violation of the
ordinance.
b. Violations bv neighbors. In S1ate u. Kenosha County Board ofAdjustment, the �
Board of Adjustment in part based its variance on the fact that many other
neighbors have decks within the setback. The court rejected that as a legitimate
factor to use in determining whether the owner had a reasonable use of her
property without a deck.
c. Variances run with ihe property. Variances are granted for hardship that peRains
to the conditions of the propeRy, cather than to the person making the application.
Accordingly, variances run with the property and are not terminated when the
propeRy changes hands.
Do you qualify for a variance based on the "reasonable use of property standard"
affirmed in these court decisions and the above discussion on the cri[eria for the granting
of variances? Yes � or No_
If you answered "No" to the above question, you do not qualify for a variance.
If you answered "Yes" to the above question:
When did you become the owner of the property for which the requested variance
pertains? �...,�� _� / „ _ �L
�1L� `�,~!
Describe what you consider to be "reasonable use" of your property.
Reasonable use of our property would be to be able to provide comfortable -
accommodations to anyone wishing to use our facility regardless of their size, _
shape, height or handicap. _
Describe the hazdship(s) tha[ exists that does noi now allow you "reasonable use"
of your property.
Cabin is in dire need of a new bathroom, addition onto bedroom and larger
kitchen area. Cabin in question is in line with all other lakeside buildings,
however the lake recedes in front of the cabin causing the problem of the 75 foot
setback. All avenues have been explored and the only reasonable place to add on
would be no closer to the lake, but in line with the original building.
Did this hardship(s) exist when you became the property owner?
�l�
Explain how the granting of this variance will provide you with"reasonable use"
of your propeRy.
The kitchen & bedroom we would like to expand are extremely small. The —
bathroom was added 40 years ago to the outside of the building. The addition —
we have planned is not extravagant. It is planned to simply provide occupants —
with ample room to be comfortable. —
A variance will not be contrary to the public interest because...
There is no reasori why the addiHon uwuid adaersety affect anyone fur any reason. South of the cabin there
is no neighbos within 1500 feet. The property is oumed by our neighbors and us and can neoer be built on.
North is another resart cabin. West is woods aumed by us and enst is the lake. The addition wili not be
noticed from the lalce as the eleoation is lu'gh and we have cooyerated unth the DNR program to let tl�e
vegetaHon grow alang tl�e shoreline hiding most of the cabins on that end of the resort. Wlwt is visible
from tl�e road uxi116e an imyrouement if it is evert noNced,as the requested addition is mlatiuely small.
/ / �
Signed:l/����� Date: �— % — O�
(ApplicandAgendOwner)
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Officeof , ��.�t� <...e.F.,�.
Sawyer County Zoning Administration
P.O.Box 676
Haywazd, Wisconsin 54843
(715)634-8288
06 August 2003
Judith A. and Robert E. Skar
Re: Unit #5, Bay Vue Condominiwn, being part of Godt lot I, S 5, T 37N, R 9W
Deaz Mr. and Mrs. Skar;
Your application for a variance will be considered at a Public Hearing before the Sawyer
County Zoning Boazd of Appeals on
16 September 2003
This hearing will begin at 7:00 P.M. in the Sawyer County Courthouse, 10610 Main
Street, Haywazd, Wisconsin.
It is recommended that either you or a representative be present at the Heazing. A lack of
information about the situation may result in unnecessary delay of a decision. Failure to
appeaz may result in the denial of the application.
If it is impossible for a representative to be present, please submit a written statement to
this office d'uected to Arvid H. Vallem, Chairman of the Boazd of Appeals. This
statement should include a description of the general terrain; surrounding development;
your proposed intentions; and the purpose of the request. Photographs of the property
and/or buildings aze requested. Explain the undue zoning hazdship inflicted upon the
owner by conforming to the required minimum regulation, which induced the vaziance
request. Convenience and financial loss or gain does not constitute a zoning hardship.
Your application will come before the Town Board far theu review. Please contact the
Town Clerk, NataGe Clemens; 715/354-3101 to obtain the time and confinn the date of
the Town Boazd meeting for your attendance or the attendance of your agent.
, . ' ��.,
. . p�c�rzn-r�oN a F cnNu�,w�N�v�y _
�+ bw�s�CL S��i � c�egisier s Oifice
2 � 1 V � il C"iF Sawyer Counry � SS O
�jij>/ �/ V,� rO+�44w11fJ�UVJ� qec¢¢¢(((vetlforrecortlthls�dayot
�A D 19 at O �o'ciock
Doeomm Nnmbv �� M and recorded as vol.
�r,or on page 7 - �
Register
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VOL695 PG "� 7
'ihis infoemuioo nwa a wmPiwd h ��� doe�mr Nd� �P1N tV n4�+�1� ��Wb^na�°^rud�
dK doamw�t w wuy fx plaeel on addldorol pajrr qJdYs
m dr�jrund�j tb�w. !sf'o1 d�sedPd°�•sr. war br plaed a�d11+Jfat pajr 4/.
doeu'na�t. �r r Un of rhu cover pode addr u�e pode m yorr dononen+a+d t2 00 to+ht reco r kr. A3tsw�v(�Jw�x�t+.S9.5J7. WRDd I/9�
DECLARATION OF CONDOMINIi7M OWNERSHIP
OF
BAY VITE CONDOMINI[7M
This DeclazaHon is made pursuant to the Condominium OwnersLip Act.of the State
of Wisconsin,Sections 703.01 through 703.28,Wisconsin Statutes,hereinafter sometunes
refe�red to as the"Act",this 16th day of December,1999,by Robert E.Skaz and Judith
A Skflr, hereinafter referred to as"DeclaranY'.
1. Statement of Declaration.The purpose of this Declaration is to submit the
lands hereinafter described and the improvements hererofore or hereafter to be
consttucted thereon to the Condominium form of Ownership in the manner provided by
the Act and by this Declazation.Declazant hereby deciazes that the Declarant is the sole
owner of[he real property described herein and further set forth on Exhibit"A"attached
hereto which is made a part thereof with all buildings and improvements[hereon
(hereinafter referred to as"the property")and known as Bay Vue Condominium which is
held and shall be held,conveyed,devised,encumbered,used,improved and in any manner
ot6erwise affected subject to this Declaration and the Act.All provisions hereof shall be
dcemed to run with the land and shall cons[itute benefits and burdens to the Declarant,
their successors acid assigns,and all parties hereafter having any interest in the property.
Seid property is located in part of the Northeast Quarter of[he Northeast Quarter and
Government Lot One(1),Seaion Five(5),Township Thiciy-seven(37)North,Range
Nme(9)West,Sawyer Coonry,State of Wisconsiq more particularly described in Exhibit
"A".Exhibit"A",attached heretqshall hereinafter be referred to as the"Condomiuium
Plat".
2. Description and I,ocations of Units. There are Seven(7)buildings,designated
by number,on the land refened to in Exhibit"A".Each building contains one(1)
Condominium Unit(hereinafter"UniY'). The buildings are]ocated on the real es[ate as
indicated in the survey marked Exhibit"A"which is referred to above as the
COndominium Ylat.
a A survey plan of the land showing the location and diagrattunatic floor plans
showing the approwmate dimensions and floor area of each building on the]and is
attached to this Declaration as E�ubi["B".If any Unit Owner elects to enlarge his of her
Unit as described in the Condominium Plat,[he enlazged building shall become part of the
Unit.The Unit Owner may e�cpand his or her Unit within the e�cpansion area as designated
on the Condominium Plat to the extent pemritted by this Declaration and all local,state
and federal regulations applicable at the time of expansion.Declarant makes uo
representations or warranty whatever as to what,if any,expansion,type of expansion or
degree of expansion may be permitted or provided by such regulations.
VOL695 PG 78
b. Eapansion Plans. Declazant resewes the right to add to the Condominium
upon acquisition by Declarant thereof of the fotlowing described lands:
The West Two Hundred(200)feet of the East Three Hundred(300)feet of Gov-
emment Lot One(1)and the West Two Hundred(200)feet of the East Three
Hundred(300)feet of the Northeast Quarter of the Northeast Querter,lying South
�the prese�t County Highway;�all in Section Five(5),Township Thirty-seven
(37)North,Range Ni❑e(9)West excepting reservations of record.
The additioq if accomplished,will result in the addition to the Condominium of the above
described lands. The added land wJl thereupon be developed such that two Units will be
added to the Condominium,increasing the total number of Units to Nine(9).
c. Sewer Easement. rlll Units authorized by tMs Declaration are granted an
easement for use of the six inch sewage pipe which runs&om the common septic pump on
the South side of County Highway F as shown on the Condominium Plat,and beneath
CounTy Highway F,m the Common Septic Drainfield on the North side of County
Highway F as shown on the Condominium Plat,the same being more particularly
described as follows'
An easement for placement and maintenance of a six inch Nbe,to be placed Sve
feet below the surface of County Road F. Said tube shal]run from property owner
by Robert E. Skar and Iudith A. Skar as recorded in Volume 265 of Records on
Page 525,being located in the North One-half of Govemment Lot One of Section
Five(5),Township Thirty-seven(37)North,Range Nine(9)West,and that part of
the Northeast Quarterof the Northeast Quarter of Section Five(5),Township
Thicty-seven(37)North,Range Nine(9)West,lying South and East of the present
Counry Highway excepting the East 300 feet of aIl the foregoing and also excepting
and reserving reservations as appear of record,and it shell run five(5)feet be]ow
County Road F un[il it reaches the drainfields accross the road from said proper[y.
Said drainfields are ovmed by the grantees hereia Graruor does not watrant that
the mbe will not be damaged in nocmal maintenance or reconstruction of seid
County Road F. Any damage resulting to said mbe Crom said maincenance or
reconswction of said County Road F shall be bome solely by Grantees and
Grantees accept this easement under those tetms and conditions.Further,Grantees
agree that any damage done to County Road F as a result of constmction and
maintenance of said six inch tube shall be corrected by Grantees,with the cost of
said repairs to be bome by Grantees. The foregoing easement is recorded in
Volume 593, Sawyer County Records, at Page 403 as Document No.258413.
d. Interpreta[ion of Plans. If there is any minor variance between(I)any e�osting
�ysical boundaries of any Unit,common or limited common element and(2)this
Declazation or Condominium Plat as recorded,the former shall be conclusivety presumed
to be i[s boundary. The same presumption applies to any auUtorized repair or
2
YOL (� 95 PG 79
reconstruction.However,in the even[of a significan[variance,the Condorttinium Plat or
Declaration shatl conVol.
3. Idm[i�cation ot Units. A Unit is that part of a building intended for the
eacclusive use of each Unit Owner,his, her,or their family,and those persons authorized to
use or occupy each UniL Units are identified on[he Cwdominium Plat by a number
designation. The Units are identified as follows:
Unit 1
Unit 2
Unit 3
Unit 4
Unit 5
Unit 6
Unit 7
The boundaries of each Unit are as follows:
a_ The upper boundary shall be the emerior surface of the roof.
b. Except for Unit 7, which has a partial basement,the lower boundary shall be the
surface of the ground situated beneath the first floor,excavated to a depth sufficient to
pemrit the installation of a crawl space foundatioq together with an outside entrance.
c. The side boundaries shall be the vertical planes oFthe exterior wall swfaces of
each Unit, and sha11 include all windows and doors,door frames and accessories,and roof
overlaps and gutters.
d. The foregoing boundazies extended to the intersection with each other shall
constiNte a Unit.
e. All Units have decks as shown on E�ctil6it B,which consitute parts of the Units.
f. Unit 7 has a gazage in the Northeastem comer of[he Condominium,a partiel
basement,well,and a propane gas supply tank,all as shown on the Condominium Plat.
Garage,propane gas[ank,well, and partial basement consitute pazts of Unit 7.
g. L'nit 1 has a concrete patio which consitutes part of Unit 1.
h. In additioq included within each Unit shall be the following items even though al]
or part of the items may be outside of the above described cubicle of interior space:
1. All floor,baseboard,wall and ceiling mounted electrical switches,ouflets
and 6x[ures,junction boxes serving them and wiring wnnec[ing suchjunc[ion boxes and
switches,outlets and fixtures,but excluding electric supply wire.
3
YOL695 PG 80
2. All plumbing fixtures and pipes situated within the perimeter of each Unit,
including all piping connecting the components of the septic system wMch extend outside
of the pedmeter of each Unit.
3. All heating devices located within each Unit and all appurtenant pipes,
wires,and valves.
4. The porch steps attached to each Unit.
5. The well water for Units 1-6 is presently supplied by a common well and
wetl pit located to the Northeast of Unit 6.Units 1-6 are granted easements for the use of
the well. The cost of maintenance,repair and replacement of the weil supplying those
Units shall be shazed equally by the Units.The drilling of a separate well for a Unit
pursuant to Pazagaph 5 of this Declaration shall relieve the ovmer of said Unit from
responsibilities relative to the common well.
6. When a Unit Owner drills a well as set forth in this Declaratioq the well
shall become part of the Unit.
7. Units 1-7 are all served by a common septic sys[em and common septic
pump.The common septic drainfietd is located on the northwest side of County I�ighway
F as shovm on the condominium plat.The common septic pump is loca[edjust norfhwes[
of the common playground as shown on the condominium pla[. The wst of maiutenance,
repair and replacement of[he septic system shall be shared equaf(y by Units 1-7.Units 1J
are granted easements for use of the septic system.
4. Common Elements. The"Common Elemen[s",without intending to limit the
terms,includc:
a. The driveways,within the boundaries of the condominium,as designated by the
notation"common drive" as shown on the Condominium Plat.
b. AlI utility components not expressly designated either as part ofthe"Unit"
including appurtenant plumbing and mechanical systems for well water,water,and
electrical lines and telephone lines and appurtenan[componen[s hereto which serve more
thsn one Unit.
c. Easements are here6y granted and declared for the benefit of the Unit Owners
and the Association for the installatioq maintenance,repair or replacement of common
utiliTy services in and on any part of the Units,as described below;
d. The waterfront area from the Common Boat Landing to the southwest comer
of the condominium property alt as shovm on the Condominium Plat,subject to
constmction and use of boat docks by Unit 3,4 and 5 as set forth in Peragraph B.
e. Deck and common storage area southwest of the Common Boat Landing for use
in storage of boating and Sshing equipment such as outboard mo[ors,oars,floataUon
devices and custions and fishing equipment and tackle.
f. Common Boat Landing.
g. Common we(1.
4
VOL 6 9 5 PG 81
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h. Common playground area.
i. Common septic system.
j. Common fish house.
k. Common game and recreation building.
l. Common fire pit.
m. Generally, all areas upon ihe plat which are not designated as units or as limited
cotpmon elements either in the plat, declaration, or bylaws.
n. The Common Elements are owned by the Unit Owners, each having an
undivided fractional interest therein as provided herein. Each Unii Owner, his, her or their
assigns, successors in interest, agents, employees, mortgagees or licensees may use the
Common Elements in accordance with the purpose for which they were intended,
according to this Declaration, the By-Laws of the Association of Unit Owners (hereinafter
referred to as the "Association"). Rules and Regulations adopted by the Association, and
the V�sconsin Condominium Ownership Act. The maintenance operation, repair and
replacement, as well as any additions or improvements of the Common Elements shall be
carried out as provided for in this Declaration, the By-Laws ofthe Association and the
Wisconsin Condominium Ownership Act.
5. Limited Common Elements, without intending to limit the tetm, it includes
parking and access areas located adjacent to or near the units as expressly set forth in the
Condominium Plat. In addition, each Unit Owner has the option at his or her, its or their
expense, to drill one (1) separate well for use by that Unit in which case, the well, casing
pump, pipes and appurtenant plumbing and mechanical devices shall be a limited common
element. Upon construction of boat docks by the owners of Units 3, 4 and 5, pursuant to
Paragraph 8 herein, such boat docks shall constitute limited common elements. The limited
common elements are reserved for the exclusive use and possession by the Unit Owner of
the Unit to or with which each element is affixed, attached, leading to or associated with,
and their assigns, successors in interest, invitees, licensees, agents or employees. Each
Unii Owner shall be responsible for the repair, maintenance and appearance of such Unit
Owner's limited common elements. There shall be no cutting of trees except for the
expansion of the Unit or in the event of a disease to the trees.
6. Percentage of Interest in Common Elements. Each Unit shall have one-
seventh(1/7) undivided interest in the Common Elements of the Condominium. Upon
acquistion of the additional land described in Paragraph 2b above and consVuction of the
two new Units provided for, each Unit shall have an undivided one-ninth (1/9) interest in
the Common E(ements of the Condominium. This interest may not be separated from the
Unit to which it appertains and shall be permanent in nature. This percentage interest may
be modified only upon the written consent of the Owners and first mortgagees of all Units.
Such modification of percentage interest shail be evidenced by an amendment to this
Declazation and recorded with the Register of Deeds for Sawyer County. Any deed,
mortgage, or other document purporting to effect a conveyance of a Unit which does not
expressly include the interest shall be deemed to convey the fractionaI interest in the
Common Elements so omitted. All buildings and the Units therein contained are intended
5
VOL 6 9 5 PG 8 2
for and restricted exclusively to residential use u govemed by the tetms and conditions
contained herein and the By-Laws of the Association.
7.Utilities aud Parking.
A. Utilities. Each Unit Owner upon purchase of his/her Unit shall ins[all his/her
own separate electrical meter,power line thereto and LP gas service.
H. Parking. No parking of vehicles shall be pemutted on any portion of the
Common Drive as shovm on the Condomuuum Plat.Parking stiall be res[ricted to the
LimiteA Common Areas designated on the Condominium Plat with a low case letter p and
the Unit number.
8. The owners of Units 3,4 and 5,may,with the approval of the Bay Vue
Condominium Associatioq construct and use their own boat docks on the]ekeshore
South of those Units. All boat dock construction shall be in wmpfiance with all federal,
state and local,including UNF�regulations.At such time as a Unit Owner constructs a
dock,the dock shall a Limited Common Element associated with that owner's Unit,and
the Unit Owner shall be responsible for all repair and maintenance thereof.
9. Nuisances.No division fences or bushes are pertnitted which would obstruct
the view of the]ake or view of the adjoining Unit or Units.No nuisance shall be pemritted
to e�st or operate within or on any Unit,Limited Common Elements,or Common
Elements,and the Boazd of Directors of the Association is expressly empowered ro
dete[mine whether any nuisance exists and to abate that nuisance.
10. Service of Process.The initial Resident Agent for service of]egal process,as
well as for the Condominium generally,shall be Robert E.Skar.The address of the
Registered Agent is 2388 North County Road F,Birchwood,Wisconsiq 54817.The
Resident Agent shall also serve as required by law as the Registered Agent of the
Unincorporated Association of the Unit Owners.The Association may,at any time
designate a Successor Agent,upon Resolution of its Board of Directors ofthe
Associatioa Such substitution shall be effective when duly 51ed with the Secretary of
State of the State of Wisconsin pursuan[to Section 703.28,Wisconsin Statutes.
ll. Bay Vue Condominium Association. The Bay Vue Condominium
�eclaration is being recorded to create an Association of aIl Unit Owners in ttus
Condominium.'fhe Association shall be operated by an unincorporated Association of
which each Unit Owncr is a member so long as he remains a Uni[Owner and successors in
ritle automaticalty become members.All member Unit Owners are subject to and have all
the rights,benefits and obliga[ions of inembers under the Association Declazation and are
subject to assessment by said Association as in said Declaration provided.Each Unit
Owner by acceptance of this deed agrees that assessment of this Association shall be
common expenses as provided in the Condominium Ownersltip Act and in this
6
VOL 6 9 5 PG 8 3
Declaratioa The Association shall hold the assessment funds so collected and its right to a
lien for non-payment as provided in the Condominium Ovmership Act,in ttust For the
benefit of the Association.
12. Associatiou of Unit Owners.
(1) Duties and obligations. All Uni[Owners shall be entided to and required to
be a member of an Association of Unit Owners to be knovm as Bay Vue Condominium
Unit Owners Association(hereinafter referred to as the"Associatiod')which shall be
responsible for caRying out the purpose of this Declazation including the exclusive
management and control of the common azeas and facilities and limited common areas.
Each Unit Owner and the ocwpants of the Units sLall abide by and be subject to all of the
rules,regulations,duties and obligations of this Declaretion and the By-I.aws and
regulations of the Association.
(2) Voting Righ[s.
(a) Class A Members. Class A members shall be all Unit Owners,with We
initia!exception of the Declarant,and shall have one wte for each Unit owned.Every Unit
Owne�upon acquiring his Unit automatically become a member of Ihe Association and
shell remain a member thereof until such time as his ovmership of such Uni[ceases for any
reasoq at which time his membership in the Association shall automatically cease.One
Class A Membership and one vote shall e�cist for each Unit,excepting[hose Units owned
by the Declarant. if title to a Unit is held by more than one person,[he membership related
to that Unit shall be shared 6y such Owners in the same proportionate interest and by[he
same type of tenancy in which the title to the Unit is held. Voting rights may not be split,
and shared membcrship interests must be voted pursuant to the nominatioo contained in
the Membership List. The Association shalt maintain a current Membership List showing
lhe membersttip pertaining ro each Unit and the person designa[ed to cast the one vote
pertaining to soch Unit.Only the person so designated shall be entitled to cas[a vo[e in
pe�son or by proxy.A designation may be changed by notice to the Secretacy of the
Association signed by a majority o£the persons having an ow�ership irterest in the Unit.
(b) Class B Member(s). Class B Member(s)shall be the Declarent and shall
be entided to two(2)votes for each Unit owned.The Class B membership shall cease and
be wnveRed to Clus A membcrship when the mta!votes outstanding in Class A
membership equal or ezceed the total votes outstandiog in Class B membership or tluee
(3)years from the date hereof whichever occurs first.
13. Righ[of Declarant to Dispose of Uoits. Declarant shall have the right to
dispose of Units by any means,including land contracts or other forms of installment
sales,as it may choose, and in the event that Declazant shall be forced[o foreclose or
o[herwise rewver possession of any Unit as the result of the defaul[of a purchaser under
such an installment sale Dcclarant shall be free to dispose of any such Unit by means
whatsoever.
7
VOL 6 9 5 PG 8 4
14. Unit Owner's Ri�ts with Respect to Repairs, Remodeling. Each Unit
Owner shall have the exclusive right to paint, repaint, refurnish, and decorate the interior
and exterior walls of his or her Unit. All repairs and remodeling are the responsibility of
each Unit Owner. Earth tone materiaIs (no reflective material or "taz paper") si�all be used
for exterior alteration, provided that such Unit Owner shatl take no action which in any
way will materialiy alter the structural integrity of the Unit or materially change any
common walls if any exist. All proposed exterior alteration, major repair, remodeling and
painting is subject to the approval of the Association.
(a) Common areas and facilities. The Association shall be responsible for the
management and control of the common areas and facilities and shall cause the same to be
kept in good clean, attractive and sanitary condition, order and repair.
(b) Prohibition Against Structural Changes by Owner. A Unit Owner shall not,
without first obtaining the written consent of the Association, make or permit to be made
any structural alterations, changes, or improvementsto hisUnit, or anycommon or limited
common areas and facilities. A Unit Owner shall not perform, or allow to be performed,
any act or work which will impair the structurat soundness or integrity of any building, or
the safety of the property, or impair any easement or hereditament, without the prior
written consent of the Association.
(c) Entry for Repairs. The Association may enter any Unit at reasonable times
and under reasonabte conditions when necessary in connection with any maintenance,
construction or repair or public utilities and for any other matters for which the
Association is responsible. Such entry shall be made with prior notice to the Owners and
with as little inconvenience to the Owners as practical, and any damage caused thereby
shall be repaired by the Association and treated as a common ezpense.
(d) Association Personnel. The Association may obtain and pay for the services
of any person or entity to manage its affairs to the extent it deems advisable, and may hire
such other personnel as it shall deternune to be necessary and advisable for the proper
operation of the Association. The Association may arrange with others to furnish light,
heating, water, trash collection, sewer service and such other common services as may be
required to each Unit.
15. Destruction and Reconstruction. In the event of partial or total destruction to
all or part of any Unit of the Condominium the Unit Owner shall promptly undertake its
repair or reconstroction to its former condition as soon as pracGcable and substantially to
the same design, plan and specifications as originally built. The cost of such repair or
reconstruction which exceeds available insurance proceeds shall be an expense of the Unit
Owner and not a common expense. Similarly, any surplus in insurance proceeds over
construction costs shall belong to the Unit Owner. In addition, if any Unit is partially or
totally destroyed, the building must be repaired or rebuilt. AlI plans for repairs or
reconstruction must be submitted to the Board of D'uectors of the Association prior to the
commencement of construction for review and approval. If any plans so submitted are not
8
VOL 6 9 5 PG 8 5
objected to within twenty(20)Jays of submission ro[he Board of Directors,they will be
deemed approved,and repair or construction may begin.In the event of partial or total
destxuction to all or part of the common or limited common elements of the
Condominium,the Association shall build and repair the same as soon as practicable and
subs[antially ro the same desigq plari and specifications as originally built The cos[repair
or reconswc[ion of a limited common area which exceeds available insurance proceeds
shall be an cxpense of the Unit Owner to whom the use of the limited wmmon area is
dedicated and not a common expense.In the event zoning or other appGcable codes
prevent the reconstruction of a Unit on its fortner site,then the Boazd oFD'vec[ors is
authorized to dedicate a portion of the limited common elements associated with the
destroyed Unit as a replacement site for the reconstruction of the Unit.
16. Insurance. The Unit Owners shal]obtain fire,casualty,and broad form
extended covcrage insurance for all Units,including the liauted common eletnents
associated with that Unit, insuring against loss or damage by fire and otLer ha�ards for
not less than the full replacement cost of the property.The Unit Owners shall pay all
insurance premiums when duc.ln tlie event a Unit Owner fails to pay insurance premiums
or fails to provide insurance for Ms/her Unit,[he Association may make such payments or
obtain such insurance and the insurance premium for such Unit shall be assessed to the
Unit owrier,and shall become a personal debt of the Unit owner and also a lien as
provided in the"Act"until paid,against the Unit to which charged without the necessity
of filing such a lien.
In the event that a building or improvement exists which is designated as common
area,the Association shall provide and maintain fire and broad focm extended coverage
insurence on the building and any portion thereof in the amount of the full insurable value
(replacement value)of the building.Such insurance shall be obtained in the name of the
Association as trustee for aII Uni�Owners a�d their respective mortgagees as their interest
may appear.To the extent possible,the insurance shall provide that the insurer waives its
right of subro�ation as to any claim against Unit Owners,the Associatioq and the'u
respective servants,agents and guests that the insurance cannot be canceled,invalidated or
suspended on account of conduct of any or one or more Unit Owners,or the Associatioq
or their servants,agents and guests,within thirty(30)days prior written notice to the
Association giving it an opportunity to cure the defect within that time.The amount of
protection and the types of hazards to be covered shall be reviewed by the Association at
least annually and the amount of coverage may be increased or decreased at any time it is
dcemed necessary as determined by the Association to conform to[he requ'vements of fiill
insu�able value.
The Association may also provide public liability insurance wvering the common
arees and facilities and general common azeas in such amounts as may be determined at
the discretion of the Association&om time to time.The Association may also provide
worlanen's compensation insurance and fideliTy bonds on such o�cers and employees and
in such amounts as is determincd by the Association[o be necessary from time to time.
9
YOL 6 9 5 PG 8 6
The Association may also provide "additional living expense" insurance for the benefit of
the Utiit Owners.
17. Liability for Common Eapenses. The costs of administration of the
Association, repairs, maintenance and other expenses for the comtnon areas and facifities
and limited common areas, shall be paid for by the Association and assessments shall be
made against the Unit Owners, as well as the Units themselves, for such expenses as
provided in the By-Laws of said Association. No Unit Owner may exempt himself or his
Unit ownership from liability for his or her contribution toward the common expenses by
waiver of the use of enjoyment of any of the common, or limited common areas and
facilities or by the abandonment of his or her Unit; and no conveyance shall reGeve the
Unit Owner grantor therein, or his or her Unit for such common expenses along with this
or her grantee in any such conveyance until all expenses charged to his or her Unit have
been paid.
All common expenses and assessments, when due, shall immediately become a
personal debt of the Unit Owner and also a lien, as provided in the "Act", until paid,
�tp�t th�i�it To�lj�r�i�ged without the necessity of filing such Gen, and this
provision shall constitute sufiicient notice to all successors of title to Units.
18. Common Expenses. Common expenses are defined as follows:
(a) All sums lawfully assessed against the Unit Owners by the Association.
(b) Expenses declared common expenses by the Declaration, or by the By-Laws.
19. Eacess Funds. After the payment of all common expenses, the balance of all
income, rents, profits and revenues from the common azeas shall constitute the funds of
the Association, to be held in its general or special fund accounts.
20. Partition of Common Eleme�ts Prohibited. There shall be no partition ofthe
common areas and facilities and limited common areas through judicial proceedings or
otherwise until this agreement is terminated and the property is withdrawn &om its terms
or from the tcrms of the applicable statutes regarding Unit Ownership or Condominiutn
Ownership; provided, however, that any Unit shall be owned by two or more co-ovmers
as tenants in common or joint tenants, nothing contained shall be deemed to prohibit a
voluntary or judicial partition of said single Unit as between such co-owners.
21. Conveyance to �nclude Interest in Common and Limited Common Areas
and Facilities. When Unit Owners shall execute any deed, mortgage, or other instrument
affecting title to such Unit Ownership without including therein both their interest in the
Unit and their corresponding percentage of ownership in the common and limited common
areas and facilities, it is the intention hereof to prevent any severance of such combined
ownership. r��y such deed, mortgage, or other instrument purporting to affect the one
without including also the other shall be deemed and taken to include the interest so
omitted even though the laiter is not expressly mentioned or described therein.
10
VOL 6 9 5 PG 8 -7
22. Failure of Association to Iosist on Strict Performance,No Waiver. The
failure of the Association to insist in any one or more instances,upon the strict
performance of any of the terms,convenants,conditions or restrictions of this Dectaration,
or to exercise any right or option herein contained,or to serve any notice or to institute
any action shall not be construed as a waiver of a relinqwshment for the future,of such
term,covenac�t,condition or restriction,but such term,covenant,condition or restriction
shall remain in full force and effect.The receipt by the Association of payment of any
assessment from a Unit Owner,with knowledge of the breach of any covenant hereof shall
not be deemed as a waiver of such breach,and no waiver by the Association of any
provision hereof shall be deemed to have been made unless expressed in writing and
signed by the Association.
23. Co�idemnatioa. In case of taking or damaging by exercise of the power of
eminent domain or in the event of damage to or destruction of less than all of the
Condominium buildings,only Owners of Units in buildings so affected by condemnation,
damage or destruction shail participate in the award or insurance proceeds among the Unit
holders in the building so affected accordin�to their percentage share of the common
elements increased as aforesaid to a total of]00 percent.Where buildings are permanently
eliminated from the Condominium as a result of condemnation or destruction,the interests
ofthe remaining Unit holders in the remaining common elements are increased pro tanto
to 100 percent according to their respective percentage of the common elements as so
increased.Ai�Amended Declaration shall be filed of record reflecting the changes in the
percentage of the common elements. Such Amended Declaration when filed of record
��relate back to a time immediately prior to taking or desttuction aforesaid.In any
�bent,the aiiocation of any award shall be governed by Section 703.19(3)of the
Wisconsin Starutes,except that before a Unit Owner shall be paid any portion ofthe
award,any unpaid first mortgage shall be paid in full.
24. Amendments to Declaration. Except as otherwise provided by the"Act"and
paragraph 30 hereof,with respect to percentage of interest as provided in this Declaratioq
this Declaration may be amended by an affirmative vote of not less than seventy-five
(75°/a)percent of all votes entitled to be cast by Unit Owners and mortgagees in the
Condominium project following the initial sale of all the Units by the Declazant herein.
Prior to such time the consent in writing of the Declarant,his successors or assigns shall
also be required. Copies of such amendments shall be certified by the president and
secretary of the Association in a form suitable for recording.A copy of the Amendment
shall be recorded with the Register of Deeds for Sawyer County,Wisconsin and a copy of
the Amendment shall also be mailed or personally delivered to each Unit Owner at his or
her address oi�file with the Association.This Declaration shall not be revoked except as
provided by law.
25. Declarant ControL Except as provided below,the Dec2arant hereby expressly
reserves the right to exercise all powers and responsibilities of the Owners Association as
assigned to it by this Declaration,the Association By-Laws,and Chapter 703 of the
Wisconsin$tatutes.The period of]�eclarant control shall begin on the date first
11
vo� s9 � PG ss
Condominiuiu Unit is conveyed by Declazant to any person or entity other than the
Declarant.1he period of Declarant co�trol shall end upon the earlier of the following two
events:
(a) Thc expiration of three(3)years following commencement of Declazant
control.
(b)The expiration of thirty(30)days after the conveyance of seventy-6ve(75%)
percent of the common e]ement interest to purchasers.
Notwithstanding the above,Unit Owners,other Ihan the Declazant,shall be
perroitted to elect directors of the Unit Owners Association as expressly granted in
Section 703.I S(2)(d,e,ae�d�of the Wisconsin Statutes.
�6. Cunveyance and Disposi[ian. The legal descdption of each Unit for all
wnveyancing purposes shall consist of the identifying number of each Unit as shown on
the plat,end every such description shall be deemed good and sufficient for all purposes,
as provided by the Act.Each Unit shall consist of the space enclosed and bounded as
described in paraSTaph three(3)above.
Each Uni[Owner shall have the right to mortgage or encumber his or her respec[ive
Unit,together with his or her respeclive ownership interest in Ihe common elements.No
Unit Owner�ha11 have thc right or authority to mortgage or othenvise encumber in any
manner wha:,oever the property or any pan thereof,excep[his or her own Unit and his or
her own respcctive ownerslup interest in the common elements as aforesaid.
27. Separate Taxafion.Every Unit and its percentage interest in the common
elemettts shall be deemed to be a separate parcel and subject to separate assessments and
ta�caUon for all typcs of taxes authorized by law including,but not limited to,special ad
valorem levies and special assessments-In the event[hat,for one year,such tarzes are not
sepatately tazed to each Unit Owner,but aze taxed on the properiy as a whole,then each
Unit Owner si�all pay his or her pmportionate shaze thereof in accordance with the relative
value of his or her U❑it,detemuned by the purchase price compazed to the eggregate
value of all L nits,determined by the purchase price.In the event that for any one(1)year
not all Units i�ave been sold,the asking price shall 6e used in lieu of the pwchase price.
During the period in which the Declarant's reservations of ini[iat rights are in effect,the
Declarant shall be responsible for the taxes attributable to each Unit which remains unsotd.
28. Ruics and Regulations. The Association from time to time promulgates such
reasonable mles and regulations as ue deemed necessary and desirable ro carry out the
purposes and ii�rents of this Declaration.,ro promote the harmonious usage of the
common elements and cause each Unit Owner to be free from any unreasoneble
intederence�vith the use of such Ow��er's Unit.
12
VOL 6 9 5 PG 8 9
29. UtiliKes Except for Unit 7 which has its own LP gas tarik and electric sesvice.
Eac6 Unit Owner after purchase shall install his,her or their sepsrate e]ectrical meter and
LP gas service-
Electric service for the Common Areas including Common Septic Pumq Fishhouse,
Game Rooni.:md Common Storage Building by Lake will be fumished by the Association.
3Q Compliance. Each Unit Owner and any person using the property in any
mam�er shall;:,mply strictly with the tenns of Ihis Declazatioq the By-Laws of[he Unit
Owners Associatioq and the Rules adopted pursuant thereto,as either of the same are
amended S�om time to time,as wcll as the Wisconsin Condominium Ownership Act.All
decisions,cooiracts,agreements and determinations duly made by the Association in
accordazice u ith its By-Laws shall be binding on al]Unit Owners whether[hey
par[icipated iu such action or noL Failure to comply shall be grounds for an action to
recover damagcs or to obtain injuctive relief,or both,maintainable by the Association or
in a proper case,by an aggrieved Unit Owner.
31. n utices.All notices and other documents required to be given by this
Declaration emd the By-Laws of the Association shell be sufficient if given to one
reBstered O•.��ner of a Unit regudless of the number of Owners who kiave an interest
thetein.Noeices and other docume❑ts to be served upon Declarant shall be given to[he
agent specified for receipt of process hereirt All Ovmers shall provide the Secretary of the
Association:�ith an address for the mailing or service of any notice or other dowmen[s
and such secroiary shall be deemed to heve discharged his duty with respect to t6e giving
of notice by:nailing it or tuving it delivered personally to such address as is on 51e with
Mm.
32. E:uements�Reservations and Encraachroents.
(a)Easaments arc hereby declared and granted for the benefit of the Unit Owners
and the Associution for utiliTy purposes,includi�g the right to install,lay,maintaiq repflir
and replace•.:ater mains and pipes,sewer lines,gas mains,telephone wires and equipment,
and elee[nca:�onduits and wires and equipment,including power transformers,over,
under,alom_.:::d on arry part oC t}�e limited common area and facilities and over,under,
along and or.:�ny part of the common azeas and facilities.
(b) In�.he cvent tha[by reason ofthe constmctions,reconstructions,settlement,or
stift of a�y building,or the design or constmction of any Unit,any part of the eommon
azeas and facir.:ies,or limited common ueas,encroaches or shall hereafier encroach upon
any part of nny Unit,or any part of any Unit encroaches or shall hereafter eneroach upon
any pert of the coomion areas and Pncilities,or Gmited common azeas,or any portion of
any Unit encroaches upon any part of any other Unit,valid easements for the imintenance
of such enc:o:�ciunent are hereby established and shall e�cist for the beneSt of such Unit so
long as all or ariy part of Ihe building containing such Unit shall remain standing;provided
however,ther in no event shall a valid easement for any encroachment be created in favor
]3
YOL 6 9 5 PG 9 0
�the Owncr ol any Unit or in favor of the Ovmer or Owners of the common areas or
ilities,or limiced common areas,if such encroachmeut occurred due to the willful
conduct of saiA Owoer oc Owners.
(c) All ea,ements and rights described herein are easements appurtenant,Iumiing
with the land, snd are subject to the reasonable control of the P,ssociazion.All easements
and rights dcr;cribcd herein are granted and reserved to and shal]inure to the bene5t of and
be binding on, die undersigned,its successors and assigns,and on all Unit Ownus,
purchasers ard mortgagees and[heir heirs, executors,adminis[rators,successors and
assigns. The��5sociation shall have the authoriry to execute all documents necessary to
c&7[y out[hc intent of this paragraph numbered tkurty-two(32).
33. r ui��ber and Gender. Whenever used hereiq unless the context shall
othenvise pro�.itie,the singular number shall include the plural,the plural shall include the
singulaz,arid tl�e use of any gender shall include all genders.
34. S��ce.rnbility. The provisions hereof shall be deemed independent and
shverable,ar.d�hc invalidity or partial invalidity or inenforceabiG[y of any one provision or
portion thereof shall not a8ecc the validity or enforceability of the remaining ponion of
said provision or any other provision hereof.
35. Pu.,�ant to the provisions of Section 703365,Wisconsin Statutes,the
provisions o:Wisconsin Statutes Sectioos 703365 (8)shail apply to this Condominium in
that the disdosure materials required for tMs Condominium under Sec[ion 70333 shall be
limited to thu disclosure required under Section 70333(1)(a)to(e),if app6eable,and a
copy Ofthe Condominium Ptat.
Datcd d:is 16th day of December, 1999,at Bruce,Wisconsin.
-1
�%/.�.��_�
Robert E. Skaz
udith A. Skaz
ACHIVOWLEDGMENT
STAT'E OF`.i I S('On SIn )
) SS-
COLJNTY Oi- IIUSK )
14
YOL � 9 5 PG 91
Persou:illy came before me this 16th day of December, 1999,the above named
Rober[E. Skur and Judith A. Skar,to me known to be the persons who executed the
foregoing insr:ument and acknowledged[he same.
.� � �C_---__
r K.Mortis,Notary Public
Rusk County, State ofwsconsin
My Commission is pertoament.
THIS DOCL'S1LNT DRAFTED BY: � - -
Gordon K D-torris ��
N4142 Hwy��0 � �� . - _
Bmce,WI 54519 . . , -
(715)868-5851 .
IS
y0L 6 9 5 PG 9 2
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