621 N. Sherman Ave
Suite B-17
Madison, Wisconsin 53704
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608-245-1500

Coyle Highlands

COVENANTS AND RESTRICTIONS FOR

FIRST ADDITION TO COYLE HIGHLANDS,

IN THE VILLAGE OF COTTAGE GROVE,

DANE COUNTY, WISCONSIN

Return to:

        Bruce L. Harms

        P.O. Box 1767

        Madison, WI 53701-1767        __________________________

       Parcel Identifications Numbers:

       See attached exhibit

DECLARATION OF PROTECTIVE COVENANTS FOR FIRST ADDITION TO COYLE HIGHLANDS

LOTS 43-107, COYLE HIGHLANDS, VILLAGE OF COTTAGE GROVE

 THIS DECLARATION OF PROTECTIVE COVENANTS FOR COYLE HIGHLANDS is made this ___ day of November, 2003.

RECITALS

 A. Coyle Development Corp. ("Developer") owns all of the Lots in the Subdivision known as First Addition to Coyle Highlands in the Village of Cottage Grove, Dane County, Wisconsin, (the "Subdivision"), namely, Lots 43 – 107, inclusive (the "Lots").

 B. Developer desires to subject the Lots to the conditions, restrictions and covenants and reservations provided herein, (collectively, the "Covenants"), which shall encumber the Lots, and shall bind the owners thereof, their successors in interest, and the owner of any interest therein.

 C. Coyle Development Corp. is also the developer of a subdivision known as Coyle Highlands contiguous to the Subdivision and has filed and has established a Declaration of Protective Covenants for Coyle Highlands which declaration was filed with the Register of Deeds for Dane County, Wisconsin on May 28, 2003 and recorded as Document No. 3722119.

 NOW, THEREFORE, the Developer declares that the Lots shall be used, held, sold and conveyed subject to the Covenants (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 Coyle Highlands, Dane County Register of Deeds Document No. 3722119, 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 1,400 square feet.

b. Split level and bi-level houses shall have not less than 1,700 square feet.

c. Raised ranch houses shall have not less than 1,400 square feet.

d. Two story houses shall have not less than 1,650 square feet.

e. Duplexes shall have not less than 950 square feet per side.

f. The C 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.

3. Corner Lots and Driveway Cess. 

a. In duplexes the driveways shall be separated by yard or plantings.

b. Single family corner lots shall have side entry garages unless waived by the C.

4. Roof Pitch and shingles. All residential structures shall have a minimum roof pitch of 6 to 12, unless the C, 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 C 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 C.  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 Ceptable.
• 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 First Addition to Coyle Highlands are subject to a "Lot Drainage Plan."  The plan is filed in the offices of the Village of Cottage Grove.  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.

COYLE DEVELOPMENT CORP.

By:_________________________________

 John R. DeWitt, President

Signature of John R. DeWitt, President, authenticated this ____ day of November, 2003.

_____________________________________

_____________________________________

(Print name)

Notary Public, State of Wisconsin

My commission (is permanent) (expires _________________________).

This instrument drafted by Attorney John R. DeWitt

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