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BROOKLYN COMMONS

PHASE 1 SPECIAL RESTRICTIONS

SPECIAL COVENANTS AND RESTRICTIONS

For Lots 52, 79-85, 105-116, 127-132, 133-137

and 143 and 144, BROOKLYN COMMONS,

IN THE VILLAGE OF BROOKLYN,

DANE COUNTY, WISCONSIN

       __________________________

       Return to:

       John R. DeWitt

       621 N. Sherman Ave.

       Madison, WI  53704__________

       Parcel Identifications Numbers:

       (See attached Parcel Number Exhibit )

DECLARATION OF PROTECTIVE COVENANTS FOR

LOTS 52, 79-85, 105-116, 127-132, 133-137 and 143 and 144, INCLUSIVE, BROOKLYN COMMONS, VILLAGE OF BROOKLYN

 THIS DECLARATION OF PROTECTIVE COVENANTS FOR BROOKLYN COMMONS is made this ___ day of July, 2004.

RECITALS

 A. Brooklyn Sunrise, Inc. ("Developer") owns all of the Lots in the Subdivision known as Brooklyn Commons in the Village of Brooklyn, Dane County, Wisconsin, (the "Subdivision"), namely, Lots 43 – 107, inclusive (the "Lots"); and

 B. Developer has established a Declarations of Protective Covenants for all of the lots in the Subdivision (the "Declarations") which Declarations are hereby incorporated by reference; and

 C. Developer desires to subject these specific lots (Lots 52, 79-85, 105-116, 127-132, 133-137 and 143 and 144) to the specific conditions, restrictions and covenants and reservations provided herein, (collectively, the "Special Restrictions"), which shall encumber the Lots, and shall bind the owners thereof, their successors in interest, and the owner of any interest therein.

 NOW, THEREFORE, the Developer declares that the Lots shall be used, held, sold and conveyed subject to the special Restrictions (as specifically provided for herein), which shall inure to the benefit of and encumber the Lots, and run with the land , and shall bind the successors in interest, any owner thereof, and the owner of any interest therein.

1. Adoption of Prior Declarations. Except as expressly modified herein, the aforesaid Declaration of Protective Covenants for Brooklyn Commons, filed contemporaneously herewith, is hereby adopted in its entirety and incorporated by reference as if fully set forth herein.

2. House Size. Each residential structure shall have the minimum floor area of finished living space as provided below.  For purposes of determining floor area, stair openings shall be included but open porches, screened porches, attached garages, and basements, even if finished for recreational use, shall be excluded.

• a. Single-story houses shall have not less than 1,200 square feet in R-SH districts and 1,300 feet in R-SM districts.
• b. Split level and bi-level and tri-level houses shall have not less than 1,400 square feet in R-SH districts and 1,500 feet in R-SM districts.
• c. Raised ranch houses shall have not less than 1,200 square feet in R-SH districts and 1,300 feet in R-SM districts.
• d. Two story houses shall have not less than 1,400 square feet in R-SH districts and 1,550 feet in R-SM districts.
• e. Duplexes shall have not less than 1,100 square feet per side.
• f. The ACC shall have the power in its discretion to waive these minimum areas where the architecture and quality of the proposed house represents an appearance compatible with other houses in the Lots.
• g. Residential buildings with more than two units shall be approved on a case by case basis.

3. Corner Lots and Driveway Access. 

  a. In duplexes, the driveways shall be separated by yard or plantings. Corner lots    shall have one access on each street.

• b. Single family corner lots shall have side entry garages unless waived by the ACC.
• 4. Roof Pitch and Shingles. All residential structures shall have a minimum roof pitch of 6 to 12, unless the ACC, in its sole discretion, gives prior written approval to a lesser pitch.  Architectural shingles shall be used on all buildings.

5. Fascia.

 a. All fascias shall be a minimum size of 1" x 8".

• b. Aluminum, vinyl or wood siding, soffits and fascia will be allowed, subject to the following restrictions:
• (1) The type of aluminum or vinyl siding used will be restricted to higher grade Double IV or Double V, textured siding.
• (2) Most wood siding types will be permitted.  However, "Texture 1-11" siding or other similar siding is not permitted. All wood siding must be stained or painted.
• (3) The desired color scheme shall be submitted with the building plans and shall be subject to ACC approval.
• 6. Windows and Window Treatment. For any residential structure, each level of each side of every unit shall have at least one full sized window unless excepted by the ACC. Each window on the front and sides shall, at a minimum, have either shutters or a 1" x 4" window wrap. All window design is subject to architectural approval.-
• 7. Lamp posts. There shall be one lamp post in the front yard. The lamp post shall be a black, 6 foot Coach Light style fixture.
• 8. Mailboxes & posts:  The mailbox shall be a medium (8 ½ " x 10 ¾ " x 22") or larger standard style mail box made of metal and enameled either white, red or green.  The standard small metal mailbox is not acceptable.
• The post shall be a 4 x 4 white, decorative post. The post shall rise at least 6" above and behind the box in the case of a single-box post and along side if a double post. The top of the post shall be a decorative finial or ball or be similarly distinctive. The support for the box arm shall be decorative, meaning that it may not be a  single piece, straight support.
• (The Post Office may require mailboxes on one side of the road or another.  Check with the Post Office for the appropriate location of the box.)
• 9. Lot Drainage Plan:  All lots in the Brooklyn Commons are subject to a "Lot Drainage Plan."  The plan is filed in the offices of the Village of Brooklyn. No building permit shall be issued for any lot unless the application acknowledges and is consistent with the filed "Lot Drainage Plan. No Owner shall alter the drainage of any lot at any time inconsistent with the Lot Drainage Plan.

Executed by the authorized officer of the Developer on the day and year first above written.

BROOKLYN SUNRISE, INC.

By:_________________________________

 John R. DeWitt, President

State of Wisconsin ) S.S.

County of Dane )

 Signed and sworn to before me this ____ day of July, by John R. DeWitt as President on behalf of Brooklyn Sunrise, Inc.

     ____________________________     

(signature)

______________________________     (seal, if any)

(print name)

Notary Public, Dane County, Wisconsin.

My commission (is permanent) (expires _____________________).

AUTHENTICATION

 Signature of John R. DeWitt authenticated this ____ day of July, 2004.

Authenticated by ________________________________.

   (print name)

_________________________________________

(signature)

State Bar of Wisconsin, Member No._____________________

PARCEL NUMBER EXHIBIT

The parcel numbers affected by this instrument, the Special Covenants and Restrictions

For Lots 52, 79-85, 105-116, 127-132, 133-137 and 143 and 144, Brooklyn Commons,

In The Village Of Brooklyn, Dane County, Wisconsin, are as follows:

Parcel No. ____________________________

Parcel No. ____________________________

Parcel No. ____________________________

Parcel No. ____________________________

Parcel No. ____________________________

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