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LEGAL
DESCRIPTION
RE:
The east half of the North East quarter of the North East quarter
of Section Seventeen (17) Township Eighteen (18) North of Range
Fifteen (15) East, in the First Ward, City of Omro, Winnebago County,
Wisconsin, excepting therefrom the Two (2) following described tracts
of land, viz:
1.
The West One Hundred Sixty-seven (167) feet of the North Two Hundred
Fifty (250) feet thereof.
2. The West Three Hundred Thirty-seven (337) feet of the East
Four Hundred Three (403) feet of the North Two Hundred Fifty (250)
feet thereof.
A part
of the South East quarter of the North East quarter of Section Seventeen
(17), T18N, R15E, in the City of Omro, Winnebago County, Wisconsin,
which is bonded and described as follows:
Commencing
at the East quarter corner of the said Section, thence South 89-27-10
West along the South line of said quarter Section 477.34 feet,
thence North 00-03-32 West 226.50 feet, thence South 89-27-10
West 192.50 feet to a point on the West line of the East 1/2 of
the South East quarter
of the North East quarter of said Section, thence North 00-03-30
West along said line 1,099.78 feet, thence North 89-14-14 East
672.22 feet to the North East corner of the South East quarter
of the North East quarter of said Section, thence South 00-02-33
West along the East line of the North East quarter of said Section
1,328.83 feet to the point of beginning.
These
City of Omro Industrial Park Protective Covenants apply to all lots
created and/or sold after April 24, 2006. Lots sold prior to April
24,2006 are subject to covenants in force at the time of such sales.
Any purchaser of land within the City of Omro Industrial Park who
purchases land with notice of these Protective Covenants agrees
to the applicability of these Protective Covenants and agrees to
be bound hereby.
GENERAL
PURPOSES AND CONDITIONS
The
real property conveyed hereby, being a part of the Omro Industrial
Park is subject to the conditions, covenants, restrictions, easements
and protections hereby declared to insure proper use and appropriate
development and improvements of each building site thereof; to protect
the environment in this planned Omro Industrial park; to guard against
the erection thereon of structures built of improper or unsuitable
materials, to require conformance to applicable zoning ordinances
and building codes; to insure reasonable development of said property
as an industrial district including, but not limited to, proper
setbacks from the street, adequate free space between structures,
adequate parking, and in general, to provide for a high quality
of improvements on said property, to insure that each building site
will not adversely affect the general plan for physical development
of the industrial workers in the area, nor be detrimental to the
use or development of other properties in the Omro Industrial Park.
It is the express purpose and intent of the Omro Area Development
Corporation to create jobs and employment.
1.
Land Use
A.
All lands within the City of Omro Industrial Park shall be utilized
only as provided in the permitted uses in the City of Omro's Light
and Heavy Industrial Zoning Districts, with the exception that
C-2 Highway Commercial uses and General Warehousing uses shall
be deleted from the uses permitted within the City of Omro Industrial
Park. In addition to the land use restrictions provided supra,
the following guidelines shall be followed to allow for the orderly
development of the Industrial Park:
1. Omro Industrial Park Lot Nos. 6, 7, 8, 9, 10, 11, 27, and
28 shall be targeted for commercial development.
2.
Omro Industrial Park real property located West of Lot Nos.
26, 27, 28, 29 and 30 shall be targeted for industrial development.
B. The Omro Area Development Corporation reserves the right to
limit or restrict the use of a particular lot or lots in the Omro
Industrial Park, which reserved rights, are hereby specifically
relegated to the Omro Area Development Corporation.
C.
Any non-profit organizations that do not meet at least two of the
three requirements set forth by the sales of said property, will
be prohibited from purchasing land within the Industrial
Park. Those requirements are:
1. Broadens community tax base.
2. Creates job opportunities (greater than 2 ft jobs).
3. Helps maintain/accent current business mix within park.
Plans and Specifications
A.
No buildings, fence, wall, sign, advertising device, roadway,
loading facility, outside storage facility, parking area, site
grading, planting, landscaping, facility for industrial waste or
sewage disposal, nor any other improvement shall be commenced,
erected or constructed, nor shall any addition thereto or change
or alteration therein be made (except to the interior of a building),
nor shall any change in the use of any premises be made, until
the plans and specifications therefore, showing any natural, kind,
shape, height, material, color scheme, lighting and location on
the lot of the proposed use or change in the use of the premise,
shall have been submitted to and approved in writing by the Omro
Area Development Corporation. A copy of plans and specifications
as finally approved shall be filed permanently with the Omro Area
Development Corporation. The plans and specifications required
under this paragraph shall be submitted to the Omro Area Development
Corporation within one (1) year of any purchase of industrial
park property.
B.
The Omro Area Development Corporation shall have the right to
refuse to approve any such plans or specifications or proposed
use of the premises for any reason which the Omro Area Development
Corporation, in its sole direction, may deem in the best interests
of the Omro Industrial Park, the Owners/lessees, or prospective
owners/lessees of the properties therein.
C.
In the event the Omro Area Development Corporation should fail
to approve or disapprove in writing such site plans and elevation
sketch within thirty (30) days after they have been submitted
to the Omro Area Development Corporation, such approval will not
be required and this covenant will be deemed to have been complied
with.
D.
At such time as the Omro Area Development Corporation desires
to relinquish its authority under these covenants, said authority
shall insure to its successors or assigns.
E.
The Omro Area Development Corporation or the Lessor reserves
the right to construct utility lines overhead and utility line,
pipes and conduits underground through an area of not more than
ten feet (10') in width across the real estate covered by this
instrument and the Grantee or Lessee agrees to execute any and
all instruments necessary and reasonable for the further development
of the District, including the granting of easements of not more
than thirty feet (30') in width for future gas, water, sewerage,
telephone, entrance and access roads and electrical lines, provided
that no such area or easements shall interfere with any building
planned for or constructed on the said real estate by the Grantee
or Lessee.
F.
Construction and alteration of all improvements in the Omro Industrial
Park shall be in accordance with the requirements of all applicable
building, zoning, and other codes and regulations.
G.
No spoil excavated or dug black dirt or topsoil on the Omro Industrial
Park premises shall be removed from the area of the Omro Industrial
Park and if the owner of any lot has any excess of such spoil
excavated during construction, it shall be deposited at such location
within the Omro Industrial Park as the Omro Area Development Corporation
shall in writing designate. However, the owner of the lot from
which such spoil is removed shall not be responsible for the leveling
thereof on any area so designated for depositing the excess spoil
beyond.
H.
No building shall be painted, repainted, stuccoed or be surfaced
with any materials unless and until the Omro Area Development
Corporation approves the color and/or material in writing.
2.
Development Standards
A.
Buildings: The front facade and street side facades shall be made
of bricks, stones, architectural concrete panels, architectural
metals, architectural woods and/or glasses. Unfaced concrete block,
structural concrete, prefabricated metal siding, and the like
are discouraged from such facade areas. The use of these materials
elsewhere shall only be in a manner approved by the Omro Area
Development Corporation.
B.
All elevations of the building shall be designed in a consistent
and coherent architectural manner. No building shall exceed a
maximum height of thirty-five feet (35').
C.
No materials, supplies, or products shall be stored, temporary
stored, or permitted to remain on the premises outside a permanent
structure without the prior written consent of the Omro Area Development
Corporation.
3.
Parking
A.
All present and future vehicular parking, including trucks, trailers,
employee and visitor parking shall be provided on the premises
and shall comply with all the provisions of the applicable Omro
City Zoning regulations.
B.
Parking is prohibited on all public streets within the Omro Industrial
Park area.
C.
Sufficient off-street parking shall be provided and planned for
the businesses employees, customers, and visitors.
1.
A minimum parking ratio of two (2) spaces for each three (3)
employees shall be required on the maximum employment labor
shift of the grantee.
2.
The total parking area space shall be a minimum of one hundred
and eighty square feet (180 sq. ft.) per car.
3.
Lots bounded by more than one (1) road may have parking areas
within the building setback lines along roads other than the
one (1) on which the building fronts, subject to approval of
the Omro Area Development Corporation.
4.
All parking areas and drives located to the sides, rear, and
front of any building shall be improved with concrete, asphalt,
or equivalent within twelve (12) months from time of occupancy
of the building improvement constructed on the site. Parking
areas in the Omro Industrial Park shall be maintained in a dust-free
manner and must be properly drained. Seal coating, chip and
tar, and other low cost methods of obtaining a hard surface
may be used if in compliance with the City of Omro street standards.
4.
Setback Requirements
A.
Front Yard: No building shall be constructed on a site nearer
than thirty feet (30') of the right-of-way of any public street
or highway. In the case of corner lots, no building shall be constructed
within the designated setback of both abutting public streets
or highways.
B.
Side Yard: The minimum side yard shall be twenty feet (20'). In
the event that two (2) adjoining sites shall be owned by the grantee
and in the improvements of such sites a building shall be erected
on these combined sites, then the side yard requirements on the
interior line are waived.
C.
Rear Yard: The minimum rear yards shall be twenty feet (20'),
except the lots abutting U.S. Highway 21, will be setback thirty
feet (30') from U.S. Highway 21.
6.
Signs
A.
A scale drawing of any sign, trademark, or advertising device
to be used on any lot or exterior of any building or structure
shall be submitted to the Omro Area Development Corporation for
approval. Normally, the occupant's trademark and/or trade name
may be displayed on the building in the manner in which they are
generally used by the occupant.
B.
Signs within the Omro Industrial Park shall comply with the City
of Omro Sign Ordinance in effect on the date a sign is installed.
C.
Billboards are not permitted.
D.
Signs to be placed on the building or premises of the previously-described
land are prohibited unless such sign (s) has been reviewed and
approved by the Omro Area Development Corporation. However, if
any Owner does not agree with the decision of the Omro Area Development
Corporation, the Owner shall have the right to appeal the decision
to the City of Omro Zoning Board of Appeals. The determination
of the City of Omro Zoning Board of Appeals shall be final. The
decision on signs shall be based upon the design, location, size,
and appropriateness to the area of the proposed sign (s) as well
as the City of Omro Sign Ordinance.
7.
Landscaping/Fencing
A.
The front yard setback area of each site shall be landscaped with
an effective combination of street trees, trees, ground cover
(grass),
and shrubbery. All unpaved areas not utilized for parking shall
be landscaped in a similar manner, within one year after
construction is completed. The entire area of any property
fronting on the U.S. Highway 21 shall be densely landscaped with
a combination of landscape plantings and each berming to create
an effective visual screen on all use areas with the exception
of the building facade.
B.
Side and rear yard setback areas not used for parking or storage
shall be landscaped utilizing ground cover and/or shrubs and trees.
C.
Areas used for parking shall be landscaped and/or fenced in such
a manner as to interrupt or screen said areas from view from access
streets, freeways, and adjacent properties. Plant materials used
for this purpose shall consist of lineal or grouped masses or
shrubs and/or trees.
D.
Undeveloped areas proposed for future expansion shall be maintained
in a weed-free condition and shall be landscaped, as required
by Omro Area Development Corporation and municipal code.
E.
Architectural review by the Omro Area Development Corporation
will take into account the appearance of all buildings, parking
areas, and storage areas as viewed from U.S. Highway 21.
8.
Outdoor Storage
A.
No outside storage of any kind shall be permitted unless such
storage material is visually screened from all access streets,
U.S. Highway 21, and adjacent properties with a suitable fence
at least six feet (6;) in height. Said screening shall from a
complete opaque screen up to a point six feet (6') or higher if
needed or required by the Omro Area Development Corporation.
B.
No storage shall be permitted between a frontage street, or public
street, highway, and building line.
C.
No waste materials of refuse may be dumped or permitted to remain
on any part of the property outside of the building.
D.
Storage of fuel, oil, or other bulk fluids must be underground.
E.
Fences, walls, or hedges may not exceed forward of building setback
lines.
9.
Street Number Marking
All
buildings in the Omro Industrial Park must have their street number
displayed in a clearly visible and lighted area on the side of
the building facing the street. This will allow the building to
be quickly located in the case of an emergency.
10.
Covenant Committee
A
Covenant Committee shall be appointed consisting of five (5) members,
two (2) of whom shall be designated by the owner of said Omro
Industrial Park land owners and who are parties interested in the
City of Omro and three (3) members designated from the membership
of the Omro Area Development Corporation. This committee make-up
shall remain the same until fifty percent (50%) of the land is
sold and improved with buildings, at which time one (1) of the
members designated as a party interested in the City shall be
replaced by a member to be chosen by the remaining four (4) members,
from among those persons who are either individual owners, or
the principal officers of a corporate owner of lands within the
said Omro Industrial Park, which is the subject of this declaration.
Vacancies shall be filled in the same manner. The Omro Area Development
Corporation may from time to time, select successor committee
members from the Omro Area Development Corporation's membership.
The successor to said office shall have the authority to succeed
as a committee member. A majority of three (3) members shall be
empowered to act as and for the Covenant Committee on any matter
under jurisdiction of said committee with a minimum of two (2)
Omro Area Development Corporation members present. The City of
Omro Industrial Park Protective Covenant for the Omro Industrial
Park shall be reviewed annually by the Covenant Committee and/or
Omro Area Development Corporation.
11.
Loading Docks
A.
Any lots fronting U.S. Highway 21 shall have loading docks facing
Barnard Drive.
B.
A designated maneuvering area shall be established within the
dimensions of the site, and in observance of the respective setback
requirements.
C.
All loading and maneuvering areas shall be entirely contained
on-site and behind the property line. No vehicle shall be allowed
to protrude beyond the property line while loading or unloading.
12.
Refuse Collection Areas
A.
No rubbish may be burned on the premises within the Omro Industrial
Park except in an incinerator especially constructed and designated
for this operation and approved by the Omro Area Development Corporation
and the Wisconsin Department of Industry, Labor, and Human Relations.
13.
Maintenance
A.
Each lot owner shall at all times keep his premises, buildings,
improvements, and appurtenances in a safe, clean, neat, and sanitary
condition and shall keep all grass (mowed and under 8" in
height), trees, and shrubbery in good
appearance at all times and shall comply with all laws, ordinances,
and regulations pertaining to health and safety codes. Each lot
owner shall provide for the removal of trash and rubbish from
his premises.
B.
During construction, it shall be the responsibility of each lot
owner to insure that construction sites are kept free of unsightly
accumulations of rubbish and scrap materials, and that construction
materials, trailers, shacks, and the like are kept in a neat and
orderly manner.
C.
It is the responsibility of the property owner to ensure that
the landscaping is maintained in an attractive condition. The
owner shall replace any damaged or dead trees, shrubs, ground
covers, and sod within twelve (12) months or upon notifications
by the Omro Area Development Corporation.
D.
The Declarant agrees to maintain all undeveloped land owned by
it within the Omro Industrial Park in a manner compatible with
the provisions of these Covenants.
E.
The lot owner and prime contractor(s) shall control soil and water
loss, so as to prevent damage to other properties and structures
in the Omro Industrial Park and beyond.
14.
Commencement/Completion of Construction/Repurchase Options
A.
The Grantee agrees to commence in good faith the construction
of building and site improvements, duly approved in accordance
with these City of Omro Industrial Park Protective Covenants,
par 2, "Plans and Specifications" hereof, twenty-four (24) months
from the date of the deed in which these protective covenants
are attached or incorporated in by reference and substantially
complete same within a reasonable time thereafter.
B.
If, after the expirations of said twenty-four (24) months, the
Grantee shall not have begun in good-faith the construction of
an acceptable building upon said property, the Omro Area /Development
Corporation shall have the option to refund the purchase price
and enter into possession of said property. The Grantee hereby
agrees to appoint the City of Omro's City Administrator as the
Grantee's Attorney-in-fact, to sign any such required deed and/or
other transfer documents to accomplish the reconveyance in the
event the Omro Area Development Corporation exercises this repurchase
right. The Attorney-in-fact shall be authorized to reconvey the
subject parcel to the City of Omro in the event the Omro Area
Development Corporation exercises its repurchase option. The Attorney-in-fact
may execute documents deemed necessary to accomplish this purpose,
on behalf of the Grantee, without liability to the Grantee.
C.
In the event any owner of land laying within the Omro Industrial
Park shall desire to sell any part of the land which at the time
is unimproved, owned in such District separate and apart from
the improved portion of the tract owned, then the Omro Area Development
Corporation shall have the prior right and option to purchase
the unimproved premises proposed to be sold at the same price
per acre paid by the owner of said land when originally acquired
from the Omro Area Development Corporation. Prior to any sale
of such premises, the owner of such tract, his successors or assigns,
shall notify the Omro Area Development Corporation in writing
of his intention to sell, describing the premises to be sold,
and the Omro Area Development Corporation shall have sixty (60)
days from the date of receipt of such notice to exercise its option.
D.
In the event of acceptance of such offer by the Omro Area Development
Corporation, conveyance shall be by warranty deed free and clear
of all liens or encumbrances created by act or default of the
purchaser. In the absence of written notification sent by the
Omro Area Development Corporation or its election to exercise
said option, such owner shall be free to sell such premises to
any persons, firm, or corporation and at any price deemed desirable
by such owners.
E.
Use of said lands by any purchases shall be subject to the applicable
Zoning Ordinances, restrictions, and regulations of the City of
Omro and these City of Omro Industrial Park Protective Covenants.
F.
All property owners of land in the City of Omro Industrial Park
shall consult with the Omro Area Development Corporation prior
to selling or leasing any parcel within the Industrial Park.
15.
Variances
Notwithstanding
anything herein contained to the contrary, the Omro Area Development
Corporation expressly reserves the right at any time and from
time to time to authorize variances from the strict application
of these City of Omro Industrial park Protective Covenants or
any one (1) or more of them where the circumstances, in its sole
and exclusive judgment, justifies the granting of same. Any variances
hereunder shall be in writing and executed by an authorized officer
of the Omro Area Development Corporation.
16.
Enforcement and Invalidation
A.
In the event the Grantee violates any of the terms or conditions
hereof and fails to cure same within thirty (30) days, after the
receipt of a written notice from the Omro Area Development Corporation
to do so, then the Omro Area Development Corporation hereby reserves
the right, privilege, and license to enter upon the premises at
any time and take action to cure such violation(s). All reasonable
cost thereof shall be at the expense of the violator. In addition,
the Omro Area Development Corporation may pursue any other legal
remedies available to it to enforce the City of Omro Industrial
Park Protective Covenants and restrictions set forth herein.
B.
The invalidation of any one (1) or more of the City of Omro Industrial
park Protective Covenants, or the restrictions herein set forth,
or the failure to enforce any of the said restrictions at the
time of its violation(s), shall in no way effect any of the other
restrictions, nor be deemed a waiver of the right to enforce the
same thereafter.
SUBSEQUENT
AMENDMENT/ALTERATION TO PROTECTIVE COVENANTS
Any
purchaser of land within the Omro Industrial Park who purchases
land with notice of these protective covenants agrees to be bound
by any reasonable amendment to these covenants as determined by
the Omro Area Development Corporation in its sole discretion. The
Omro Area Development Corporation shall possess the absolute right
and authority to alter or amend these protective covenants as it
sees fit in the best interest of the Omro Industrial Park. All purchasers
of land within the Omro Industrial Park consent to any reasonable
amendment to these covenants as determined by the Omro Area Development
Corporation in its sole discretion.
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