(Affecting Lots 1-20, Spring Creek Heights Subdivision,
located in the ___________Quarter of the ________________
Quarter (          ) of Section 27, Township 23 North,  Range 3 East,
City of Pittsville, County of Wood, and more particularly described
in the Plat of said subdivision recorded the _____________ day of
___________, 2003, in Volume _______, Page, Document No.
_____________, Wood County, Wisconsin.

             DECLARATION.  Harvey Petersen and Pete Petersen
D/B/A/ Spring Creek Heights Development, owner of the above
described property (hereinafter referred to as the "Declarant"),
hereby makes the following declaration of restrictions as to the
use and development of the property and states that such
restrictions shall constitute covenants to run with the land and
bind all parties having or acquiring any right, title and interest in
the property or any part thereof.

             PURPOSE.  The purpose of this declaration is to ensure that the property will become and remain an attractive
residential community through proper land planning, maintenance of open space and prevention of haphazard improvements
and nuisances.  This declaration is intended to secure to each property owner the full benefit and enjoyment of their property with no greater restriction of the development and use of the property than is necessary to secure the same benefits and advantages to other property owners of the Spring Creek Heights Subdivision

1)     Single Family Residential.  All lots in Spring Creek Heights Subdivision are to be used for one single family home with an attached private garage for not less than two cars.  No garage shall be capable of accommodating more than three cars.

2)     Square Footage Minimums.  The home size square footage minimums are as follows:       

Homes occupying more than one lot shall be not less than 2,500 sq. ft.

3)     Lot Division/Combination.  Whenever three or more contiguous lots in the subdivision shall be owned by two or more persons and such persons desire to consolidate these three lots into two lots, the two single lots resulting from the merger shall be treated as single lots for the purpose of applying these Restrictive and Protective Covenants.  Any home on such merged lot, or any home located upon two adjacent lots are owned by the same person or entity (including ownership of one lot in the name of one spouse and the ownership of the other lot by the other spouse), said home shall be not less than 2,500 square feet, notwithstanding any lesser requirement set forth elsewhere in this document.

4)     Lot Ownership.  No person or entity may own more than two adjacent, original platted lots unless such person is actively engaged in preparation and construction that will result in one home on each lot or one home on two or less adjacent lots, all in conformity with these restrictive covenants.  It being the intent of Declarant that multiple vacant lots shall not be held by any persons(s) or entity for speculation or investment as vacant property.  It is the intent of Declarant to sell said lots for immediate development as residential lots.

5)     Basement Required.  All homes other than split levels must have a basement.  In the event that subsoil conditions are such that construction of a basement is impractical, a crawl space shall be constructed in lieu of a basement.

"Impractical"  shall be defined as a subsoil condition that would result in extreme and greatly unreasonable costs in constructing a basement as compared to the cost of such typical basement construction in the City of Pittsville.  By way of illustration and not limitation, it is contemplated by the Declarant that the discovery of bedrock within 6 feet of the ground surface, and throughout all reasonable basement locations on a lot shall be deemed "impractical."

6)     Roof Pitch.  All homes shall have a roof pitch of not less than 3/12 pitch.

7)     Landscaping.  Landscaping (including lawn) mush be completed within 12 months of home exterior construction completion.

8)     Construction Fees.  Buyer is responsible for City of Pittsville fees related to home construction including buy not limited to the one time sanitary hook-up fee, as well as, building permit fees.

9)     Nuisance.  No activity shall be conducted and no equipment or processes shall be used or maintained on the property that creates unusual noise, vibration, flare, fumes, odors or electrical interference detectable by normal senses beyond the lot boundary except in connection with construction, repairs or maintenance of the property.

10)     Livestock and Pets.  No animals shall be raised, bred or kept on any lot except only the usual and customary household pets, provided the same are kept as household pets.  Household pets shall be kept and maintained in a manner that does not create and unreasonable annoyance or nuisance to other residents of the subdivision by reason of movement, noise or odor.  No animal may be kept, bred or maintained for any commercial purpose.  No more than two dogs may be kept on any lot.  Under no circumstance shall any horse, cow, chicken, pig, sheep or goat be kept on the premises, whether such animal is a household pet or otherwise.  Law enforcement, rescue and guide animals shall be permitted provided that they comply with all restrictions applicable to household pets, and are not one of the specifically excluded species set forth above.

11)     Temporary Buildings and Structures.  No temporary building or structure, trailer, tent, shack, garage, or outbuilding, shall be occupied for living purposes at any time.

12)  Vehicles and Equipment.  No vehicles, boat, camper, trailer, recreational vehicle, snowmobile or racing vehicle, shall be stored on the lot prior to the occupancy of the dwelling.  After occupancy of the dwelling commences, boat, campers, trailers, recreational vehicles, snowmobiles and racing vehicles may be stored on the premises, provided that such storage shall be indoors and not visible from the exterior.  No inoperable or unregistered motor vehicles shall be kept on any lot.

13)     Off-site Buildings and Mobile Homes.  The placing of any previously constructed building (including but not limited to previously occupied homes and outbuildings) on any lot is prohibited.  Mobile homes are prohibited from placement in the subdivision.  This provision shall not be construed to prohibit placement of new homes assembled office (prefabricated) and transported for final assembly on site, provided that the same are not mobile homes.  Likewise, this provision shall not be construed to prohibit placement of new outbuildings in the subdivision if the same were completed elsewhere and not previously used or occupied.

14)     Completion of Construction.  All exterior construction on the dwelling shall be completed prior to occupancy and interior construction shall be completed within 12 months of visible commencement of dwelling construction.

15)     Construction Site.  No construction materials or equipment shall be placed on any lot more than 30 days prior to the commencement of construction.  The construction site shall be maintained in a neat and orderly manner with timely removal of all waste materials.

16)     Outbuildings.  Outbuildings shall be of a style compatible with the style of the home.  No outbuilding shall be placed on any lot prior to construction of the home.  Outbuildings shall be constructed from new materials and shall be completed (including color and trim) within 90 days of commencing construction of the same.

17)     Relation to Public Regulation.  Where the provisions in this declaration impose greater restrictions than any statue, ordinance, resolution or rule, the provisions of this declaration shall prevail.  Where the provisions of any statue, ordinance, resolution or rule impose greater restrictions than this declaration, the provisions of the statue, ordinance, resolution or rule shall prevail.

18)     Severability.  Invalidation of any one of the provisions of this declaration by judgment or order of a court or competent jurisdiction shall in no way affect any of the other provisions which shall remain in full force and effect.

19)     Enforcement.  All future transfers of any lots shall be made subject to the restrictions, conditions and obligations set forth in this declaration, it is understood that the acceptance of a deed by any purchaser is to be considered as an agreement to observe and abide by the restrictions, condtions and obligations in this declaration.

20)     Modification.  This declaration can be amended, waived or terminated in whole or part at any time by the execution of a written instrument in recordable form by the owners of at least 51 percent of the lots.  However, any amendment, waiver or termination shall require written approval of the Declarant, in recordable form, so long as it owns more than then percent of the lots.

SPRING CREED HEIGHTS DEVELOPMENT