2. The fourth sentence of Section 1.01 shall be amended to read as follows:

Transcription

1 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND TO PLAT OF CONDOMINIUM OF THE VILLAS OF STURTEVANT CONDOMINIUMS a Condominium This First Amendment to Condominium Declaration and to Plat of Condominium of The Vilas of Sturtevant Condominiums, a condominium ("Amendment") is made this Lth day of April 2004, by The Vilas of Sturtevant Limited Partnership, a Wisconsin limited partnership (hereinafter "Declarant"), pursuant to the Declaration of Condominium Ownership and of Easements, Restrictions and Covenants for the Vilas of Sturtevant Condominiums, recorded on 31st day of October 2003, in the Office of the Register of Deeds for Racine County, Wisconsin, as Documents No Image to , inclusive (the "Declaration"), and pursuant to the Condominium Ownership Act of the State of Wisconsin, Chapter 703 of the Wisconsin Statutes (hereinafter the "Act"). DOC # 19bE,0E.0 Recorded APR. 15,2004 AT 12:0ØPM... Prepared by and Æ!turn to: Paul G. Sherburne 1509 N. Prospect Ave Milwaukee, Wi Pltll~ Su ø.c:k. c: iy i Jr /tt.' /.i,,, -..-_.~-.. i ti't' II D'" it!..,/... MARK LAnD RAClf''E COUNTY REGISTER Of DEEDS ie ""l-' r! ti~"'i.l' l'..,,"',à.i.., Fee P-æount: $19.Ø ""11 '0/ 1. Statement of Declaration. The purpose of this Amendment is to: a. change the name of the Condominium and the name of the owner's association as set forth in the Declaration and on the Plat of Condominium of The Vilas of Sturtevant Condominiums, a condominium, said plat being recorded in the Office of Register of Deeds for Racine County, Wisconsin as Document No recorded in Vol. 3 of Condominium Plats at Page 37 (the "Plat"); b. include the definition of Common Elements the roadways, curbs and gutters, water mains and laterals, storm and sanitary sewer mains and laterals (as such roadways and utilties on the Property are not public roads or public utilties); and c. impose a restriction on the use of the detention pond(s) within the Property and to limit liabilty exposure of the swimming pool and detention pond(s) on the Property. 2. The fourth sentence of Section 1.01 shall be amended to read as follows: Included in the Common Elements are all of Declarant's interest in and to the roads, walks, water mains and laterals, storm and sanitary sewer mains and laterals, private lakes, parks, detention ponds, swimming pool, club house, and grounds shown on the Plat. (The water, storm and sanitary sewer mains and laterals are not shown on the Plat.) 3. The first sentence of Section 1.02 shall be amended to read as follows: 1.02 Name. The name of the condominium shall be "The Vilas of Racine Condominiums." 1

2 Subsection 2.04 (c) shall be deleted in its entirety and replaced with the following: (c) the grounds, basements, yards, gardens, Parking Area, storage spaces, play areas, parks and recreational facilties, roadways, curbs and gutters, water mains and laterals on the Property, storm and sanitary sewer mains and laterals on the Property; 5. The following shall be added to Subsection 8.01 (f) of the Declaration: The use of the recreational areas, including the swimming pool shall be in a safe and reasonable manner. The use of the recreational areas shall be regulated by the Board. Notwithstanding anything to the contrary contained in this Declaration, the detention pond(s) on the Propert is (are) dedicated for the purpose of retention of storm water run-off and drainage of the Property. There shall be absolutelv no recreational activity or use, including and not by way of limitation, boating, swimming, wading or fishing, on, in or about the detention pond(s). Unit Owners shall be responsible for the acts and omissions of such Unit Owner, and such Unit Owner's guests and invitees with regard to the swimming pool, and detention pond(s) and by acceptance of the deed to his/her Unit, each Unit Owner does hereby, release, indemnify and hold harmless Declarant, the Association and the Board from and against any and claims, suits, damages, losses and expenses, including reasonable attorneys' fees, for property damage, bodily injury or death of such Unit Owner, and such Unit Owner's guests and invitees relating to the swimming pool and detention pond(s). 6. The third sentence of Section 13.1 shall be amended to read as follows: The association and shall be known as THE VILLAS OF RACINE CONDOMINIUM ASSOCIATION, LTD., if incorporated, and as THE VILLAS OF RACINE CONDOMINIUM ASSOCIATION, if unincorporated. 7. Amendment to Plat. The Plat is hereby amended to reflect the name change to 'The Vilas of Racine Condominiums, a condominium." 8. Effective Date. The Effective Date of this Amendment shall be the date it is recorded in the Office of the Register of Deeds for Racine County, Wisconsin. 9. Miscellaneous. All terms not specifically defined herein shall have the same meanings as provided in the Declaration. Except as modified by this Amendment, the Declaration remains in full force and effect and is hereby ratified and approved for all purposes. Signature page follows.) 2

3 tj IN WITNESS WHEREOF, this document has been executed and duly authorized by the member of Declarant, as of the date first set forth above. DECLARANT The Villas of Sturtevant Limited Partnership, a Wisconsi limited P nership By: Sturte t Vii,Inc., its general partner ) ) ss. MILWAUKEE COUNTY ) Personally came before me this, fa day of April, 2004, Robert A. Patch, president of Sturtevant Villas, Inc., the general partner of The Villas of Sturtevant Limited Partnership, a Wisconsin Limited Partnership, to me known to be such officer of the corporation, and acknowledged that he executed the foregoing instrument as such officer as the deed of said Corporation, by its authority. rh~ C. 01~+ ry~ Notary Public, Sta~~ is. OJ: My Commission:., 8 a.o \l 3

4 000047' EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 of Certified Survey Map No. 2523, recorded on June 4, 2003, in Volume 7 of Certified Survey Maps on Page 888 as Document No , being a part of the Southwest 14 of the Northeast 14 of Section 16, Town 3 North, Range 22 East, in the Vilage of Sturtevant, County of Racine, State of Wisconsin. B LDG# UNIT# PARCEL # BLDG# UNIT# PARCEL #

5 IØOOll12 BLDG# UNIT# PARCEL # BLDG# UNIT# PARCEL #