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/JII!IIIAl/I/IllIllhI/llhI!IJ)IIflflVViIJJllhjiI A E DANE COUN Y 3 8 * REGISTER OF DEEDS DOCUMENT # DECLARATION OF RESTRICTIVE COVENANTS 4392183 Rain Garden Maintenance Agreement 01/28/2008 01:16pM WHEREAS,Waubesa Willow LLC(the"Owner")is Exempt #: the owner of a tract of land in the Town of Dunn,Dane County, Wisconsin(the"Town"),legally described as follows: Rec. Fee: 25.00 Return to: Pages: 8 Outlot"A,"plat of Crescent Park,Town of Dunn,Dane Waubesa Willow LLC County,WI:Commencing at the Southwest Corner of Section 2805 Willow Court 9,T 6 N,R 10 E;Thence S 89°-38'-10"E 1059.39 feet along McFarland,WI 53558 the South Line of the Southwest Quarter;Thence W 26°-03'- 35"E 2985.28 feet to the POINT OF BEGINNING;Thence N With a copy to: 89°-19'-32"W 235.81 feet,Thence N 1°-25'-39"E 277.40 feet, To of Dunn Thence N 73°-02'-13"E 192.50 feet,Thence N 64°-30'-00"E 4156 County Road B 81.17 feet,Thence S 28°-35'-05"E 168.55 feet,Thence S 26°- McFarland,WI 53558 03'-35"W 248.46 feet to the POINT OF BEGINNING. Containing 95,096 square feet or 2.18 Acres. Parcel No.028/0610-092-7260-9 PRRCEL #- 0 6/0 —C;12 — 7Z Go-- ? (the"Property");and WHEREAS,said Owner has petitioned the Town for a certified survey map to create four lots;and WHEREAS,as part of the agreement to create the four lots and develop the Property,the Town is requiring a rain garden maintenance plan which includes:the establishment and maintenance of a rain garden to control surface water runoff and erosion,limitations on the amount of impervious surface and driveway area on the lots,the establishment of minimum home building elevation and restrictions on basements as set forth on the drainage plan attached as Exhibit A; NOW,THEREFORE,in consideration of the factors set forth above,the Owner does hereby create the following restrictions to run with the land from the date of recording hereof; 1. The Owner agrees to establish and maintain a rain garden on the Property as set forth on the site plan attached as Exhibit A and incorporated herein. "Maintenance"shall mean keeping the rain garden free of sediment and other obstructions,and maintaining customary grass vegetation in and around said rain garden. 2. In the event the Owner does not maintain said rain garden under reasonable management practices,the Town may notify the Owner in writing with regard to the Owner's deficient maintenance of the rain garden. In the event that Owner fails to take such action prescribed in the written notice from the Town within 15 days of receipt of such notice,the Owner consents to representatives of the Town entering the Property and performing the prescribed maintenance and payment of the cost provided herein. In such event,the Town shall submit an invoice to the owner for the payment of its costs for such maintenance and the Owner shall pay such invoice within 30 days of receipt thereof. In the event the Owner does not pay such invoice as set forth herein,the invoice shall be deemed a special charge against Property as provided under Section 66.0627,Wis. Statutes,with the special charge becoming a lien on the Property and added to the next tax roll for collection. 3. These restrictions shall constitute covenants running with the land and shall be binding upon the Owner and all future parties owning any part of the Property,their successors,heirs and assigns,and all parties holding under them unless said restrictions are amended or terminated as provided herein. 17C