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Declaration of Restrictions
for Whitehills Lakes Subdivision
This Declaration of Restrictions made this 2nd day of April, 1985 by Whitehills Estates, Inc., of 3210 Lake Lansing Road, East Lansing, Michigan 48823, pertaining to the plat of Whitehills Lakes Subdivision No. 2, being a part of the Northeast ¼ of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, as recorded on February 11, 1985 in Liber 39, Pages 13-14, Ingham County Records.
WHEREAS, Declarant is owner of Whitehills Lakes Subdivision; and
WHEREAS, Declarant desires all lands within Whitehills Lakes Subdivision to be subject to certain land and building use restrictions as hereinafter set forth for the common benefit of all owners of lots within Whitehills Lakes Subdivision;
NOW, THEREFORE, Declarant hereby declares and establishes the following covenants, conditions, restrictions, easements, reservations, powers, obligations and agreements on the pages following upon all lands within Whitehills Lakes Subdivision and upon all present and future owners and occupants of such lands.
Prepared by:
Douglas J. Austin
Fraser Trebilcock Davis & Foster, P.C.
Tenth Floor Michigan National Tower
Lansing, Michigan 48933
Table of Contents
General Administrative Provisions:
Article I. Administration of Restrictions
Article II. Variances, Determinations and Approvals
Article III. Architectural Control
Requirements for Lots and Dwellings:
Article VI. Type of Use
Article VII. Frontage
Article VIII. Minimum Lot Area
Article IX. Building Size
Article X. Building Setback
Article XI. Building Heights
Article XII. Exterior Walls
Requirements for Other Structures and Uses:
Article XIII. Garages and Carports
Article XIV. Parking AreasArticle XV. Driveways
Article XVI. Outbuildings and Outdoor Recreational Equipment
Article XVII. Decks and Fences
Article XVIII. Sidewalks
Article XIX. Swimming Pools and Tennis Courts
Article XX. External Energy Systems
Article XXI. Outdoor Lighting
Miscellaneous Requirements for Lots and Buildings:
Article XXII. Subdivision of Platted Lot
Article XXIII. Herbicide and Fertilizer Control
Article XXIV. Damaged or Destroyed Buildings
Article XXV. Appearance of Lots and Buildings
Article XXVI. Grading, Excavating and Erosion Control
Prohibited Uses and Activities:
Common Area Provisions:
Article XXVIII. Use of Parks
Article XXIX. Ownership and Maintenance of Common Property
Article XXX. Park Lake Road Right-of-Way Maintenance
Article XXXI. Assessment Procedures
Article XXXII. Common Property Maintenance Fund
Article XXXIII. Hunting and Wildlife Management
Homeowners' Association:
Easements, Licenses and Mineral Rights:
Article XXXV. Easements
Article XXXVI. License for Use of Portions of Lakes and Wetlands Within and Outside of Plats
Article XXXVII. Reservation of Mineral Rights
Miscellaneous Provisions:
Article XXXVIII. Waiver in National Emergency
Article XXXIX. Duration, Termination and Amendment
Article XL. Partial Invalidity
Article XLI. Enforcement
Attachment 1: Reservation of Landscape Easement and Declaration of Landscape Restrictions Within the Landscape Easement
Attachment 2: Declaration of Restriction and Grant of Conservation Easement
Attachment 3: Declaration of Floodplain Restrictions
As used in these Declaration of Restrictions, the following terms shall have the meanings designated:
1. "Declarant" means Whitehills Estates, Inc., a Michigan corporation, its successors and assigns.
2. “Plat” means Whitehills Lakes Subdivision, being a part of the Northeast ¼ of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, as recorded on February 11, 1985 in Liber 39, Pages 48-49, Ingham County Records.
3. "Contiguous Lands" means any land and water surfaces within a parcel bordered on the South by Lake Lansing Road, on the Southeast by Temporary I-69 (commonly known as Saginaw Highway), on the East by Newton Road, on the North by Coleman Road, and on the West by Park Lake Road, all such land being within the West 1/2 of Section 4 and the East 1/2 of Section 5, T4N, R2W, Meridian Township, Ingham County, Michigan and the SE 1/4 of Section 32 and the SW 1/4 of Section 33, T5N, R1W, Bath Township, Clinton County, Michigan.
4. "Homeowners' Association" means the Michigan non-profit corporation known as "Whitehills Lakes Homeowners' Association," which is a membership corporation established by Declarant at the time of establishment of the First Plat.
5. "Architectural Control Committee" means the committee of the Homeowners' Association established by Bylaws of the Homeowners' Association to implement and approve the architectural control provisions under Article III of these restrictions.
6. "Architectural Prints" means:(a) a detailed architectural drawing of the exterior design, including roof pitch of a dwelling and the location, size, design and number of garage doors, decks, porches, patios, breezeways, driveways, parking areas, sidewalks and any buildings to be detached from the residence,
(b) complete building plans,
(c) complete specifications covering the type and quality of interior and exterior (including foundation) materials and color of exterior walls, trim, decks, porches, patios, breezeways, driveways, parking areas, sidewalks and roofs, and
(d) a plot plan showing the location of all buildings and appurtenances relative to the lot lines.7. "Landscaping" means trees, shrubs, hedges, fences, patios, retaining walls, rock gardens or other vegetation or landscaping structures or devices.
8. "Landscape Plans" means:(a) a drawing showing the location of all Landscaping and the configuration of planting beds relative to the location of structures and the boundaries of the lot, and
(b) specifications detailing and identifying the genus, species and size of all plants shown on the drawing, and the design of all landscape structures and the type, quality and color of all materials to be used in the construction thereof.9. "Common Property" means the following common areas and common facilities and equipment within the Plat and within the Prior Plats and any other plat created by Declarant or its successors or assigns in Contiguous Lands, which are:
(a) Island Lake Park;
(b) Pine Hollow Lake Park;
(c) The wall along Park Lake Road;
(d) The entrance signs at Park Lake Road and Meadow Wood Drive and all lighting and sprinkling apparatus and equipment pertaining thereto;
(e) The canoe launching facilities to be constructed between lots 13 and 14 within the Plat;
(f) The well and pump and pertinent apparatus and equipment installed on the northwest corner of Lot 2 within the Plat;
(g) Easements retained and created by Declarant within the Plat; and
(h) The land surfaces of the drain easements described in Article XXXIV for purposes of landscape maintenance.10 "Fund" means a bank account established by Declarant to which monies will be deposited for maintenance of the Common Property and wetlands lying outside of the Plat, including but not limited to costs of insurance, taxes, utilities, upkeep and repair of the same.
Policy Statement
While the Plat is the first of what Declarant anticipates will be a multiplat development of lands within the Plat and Contiguous Lands, each lot owner within the Plat purchases the lot with the understanding that Declarant makes and has made no representations or assurances that any portion or all of the Contiguous Lands will be developed. Because of (a) the interrelationship between wetlands within the Plat and other wetlands lying outside of the Plat, (b) the continuing requirements of wetland mitigation imposed by the Michigan Department of Natural Resources on wetlands within and outside of the Plat, (c) the interlocking of wetlands within and outside of the Plat as a part of the Ingham County drainage system, (d) the present uncertainty of how and to what extent Contiguous Lands will be developed, (e) the present uncertainty of the extent to which, if any, wetlands within and outside of the Plat will be used by residents in a manner that taxes the aesthetic features of the wetlands or impinges on the interests of lake-front lot owners, (f) the desire of Declarant to maintain the Plat in an aesthetically pleasing and highgrade manner for protection of all lot owners within the Plat, balancing the interests of all lot owners, and (g) other considerations of Declarant, Declarant has intentionally reserved in this Declaration of Restrictions broad powers to direct and control the development and use of lands within the Plat, and the relationship of lands within the Plat to lands outside of the Plat, including the power to freely amend these restrictions. It is the intention of Declarant that any ambiguity about the extent of Declarant's authority in this regard be construed and resolved in favor of Declarant, and each lot owner, in purchasing a lot, hereby contractually agrees to such principle.
Article I.
Administration of Restrictions
During the development stage of the Plat and Contiguous Lands, Declarant intends to retain control of the administration of these restrictions. Once development of the Plat and Contiguous Lands are completed, or substantially completed, Declarant intends to transfer administration of these restrictions to the Homeowners' Association. However, Declarant reserves the right to transfer administration to the Homeowners' Association at any time, and Declarant further reserves the right to retain administration of any portion of these restrictions indefinitely. Prior to any transfer to the Homeowners' Association, Declarant reserves the right to transfer or assign its rights hereunder, in whole or in part, to any other person. Successors of Declarant shall automatically accede to rights of Declarant under these restrictions.
Should an owner of any lot within the Plat violate any of these restrictions, Declarant shall have the right to undertake correction of the violation and the costs incurred by Declarant in doing so shall be immediately due and, if not paid, Declarant may impose a lien on the owner's lot until paid and which may be foreclosed in the manner of the foreclosure of a mortgage under the statutes of Michigan.
Article II.
Variances, Determinations and Approvals
Declarant shall have the right to
grant a variance from any of these restrictions to the owner of any lot if, in
the sole discretion of Declarant, such variance would not substantially impair
the intent of these restrictions or the prosperity of the Plat, or rights of
others then owning land within the Plat.
Once transfer of administration of any restriction has been made, by Declarant
to the Homeowners' Association, all determinations and approvals required of
Declarant under such restriction, and all variances therefrom obtainable from
Declarant shall be obtained from the Architectural Control Committee.
All determinations, approvals and variances, whether from Declarant or the
Architectural Control Committee, shall be in writing and shall be procured prior
to any act being undertaken which requires such determinations, approvals or
variances, or which would violate these restrictions unless a variance was
obtained.
The granting of any variance or approval, or the making of any determination shall not be construed as a precedent binding Declarant or the Architectural Control Committee to any other similar or identical variance, approval or determination, and no action or inaction of Declarant or the Architectural Control Committee shall be deemed a waiver of any of their rights hereunder.
Article III.
Architectural Control
No building shall be erected, located or altered upon any premises within the Plat unless and until the architectural features of the building as revealed by the Architectural Prints have been approved by Declarant.
The Architectural Prints shall be submitted to Declarant, who shall have sixty (60) days following submission to either approve or reject them. If Declarant does not approve or reject within the sixty (60) day period, they shall be deemed approved. If Declarant rejects all or any portion of the Architectural Prints, the owner shall resubmit them or portions of them, and Declarant shall have sixty (60) days after resubmission within which to accept or reject. Failure of Declarant to accept or reject shall be deemed acceptance.
The extent of discretion reserved to Declarant in approving and rejecting Architectural Prints is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by Declarant to be appropriate from timetotime, including considerations that are aesthetic and subjective, to assure a proper mix, coordination and blending of house design, exterior material and color treatments, and placements of houses on lots within the Plat, and to maintain height and view control.
Article IV.
Landscape Control
No Landscaping shall be planted, constructed or altered or planting beds or landscape structures created or altered on any lot within the Plat until Landscape Plans have been submitted to and approved by Declarant, with the exception of annual and perennial flowers which may be planted at the discretion of the lot owner.
The Landscape Plans shall be submitted to Declarant, who shall have sixty (60) days following submission to either approve or reject them. If Declarant does not approve or reject within the sixty (60) day period, they shall be deemed approved. If Declarant rejects all of any portion of the Landscape Plans, the owner shall resubmit them or portions of them, and Declarant shall have sixty (60) days after resubmission within which to accept or reject. Failure of Declarant to accept or reject shall be deemed acceptance.
The extent of discretion reserved to Declarant in approving and rejecting Landscape Plans is broad and will cover not only matters treated elsewhere in these restrictions, but other matters deemed by Declarant to be appropriate from time to time, including considerations that are aesthetic and subjective, to assure the completeness of the Landscaping on the lot, height and view control, uniformity of design between the building on the lot and the Landscaping, and a proper mix, coordination and blending of Landscaping within the Plat.
Every lot shall be landscaped to standards determined by Declarant to be minimally acceptable and, if not completed by occupancy of the dwelling, shall be completed within two (2) months thereafter. For purposes of the preceding sentence, the months of December, January, February and March shall be excluded from calculation of the two-month period, although a landscape plan shall be submitted and approved prior to occupancy.
Nothing in this Article or in these restrictions shall impair the obligations of lot owners within the Plat to conform to the requirements of the Reservation of Landscape Easement and Declaration of Landscape Restrictions Within the Landscape Easement referenced in Article XXXV.
Article V.
Occupancy
Before a house constructed on any lot in the Plat is occupied, the owner thereof shall file with Declarant an accurate "as built" survey and shall advise Declarant that the house is ready for final inspection so that Declarant may ascertain whether the house and appurtenances have been built according to the Architectural Prints as approved by Declarant and to ensure that they do not violate these restrictions in any way. Should Declarant not inspect the premises within fourteen (14) days after the owner has advised Declarant in writing that the premises are ready for final inspection, the inspection shall be deemed to have been waived. No house may be occupied until any significant variation between the Architectural Prints as approved and the house and appurtenances as built have been corrected, or an agreement reached between Declarant and the owner as to compliance. If the minimally acceptable Landscaping has been completed by the time the house is ready for occupancy as determined by Declarant, Declarant shall inspect the Landscaping for compliance with the Landscape Plans and these restrictions under the same procedures established for inspection of the house and other appurtenances and no house may be occupied if the landscaping does not conform to the Landscape Plan and the provisions of these restrictions, or unless corrections have been made by occupancy, or an agreement reached between Declarant and the owner as to compliance. If the minimally acceptable Landscaping is completed after the time of occupancy, as provided in Article IV, the lot owner shall complete the same as required in Article IV and obtain inspection from Declarant in the manner established for inspection of the house and appurtenances. If at any time Declarant determines that plantings have been made or landscaping structures constructed which violate these restrictions or the approved Landscape Plan, Declarant shall be entitled to remove the same and the cost thereof shall be immediately due and payable by the lot owner to Declarant. In addition, a lien may be imposed on the lot until payment is made, and the lien may be foreclosed in the manner of the foreclosure of a mortgage under Michigan statutes.
The approval procedures established in this Article shall apply to an addition to an existing dwelling and Landscaping beyond the approved Landscape Plan. Regardless of whether any inspections are made, this Article shall not be construed to create any liability whatever on the part of Declarant to any lot owner.
Article VI.
Type of Use
Only detached single family residential buildings shall be built in the Plat. Except that Declarant reserves the right to maintain an office within the Plat and a "model" home or homes within the Plat.
Article VII.
Frontage
The minimum frontage of any lot, or portion of lot, or combination of lots or portions of lots for building purposes shall be 100 feet on a public street.
Article VIII.
Minimum Lot Area
The minimum square footage of any lot, portion of lot, or combinations of lots or portions of lots for building purposes shall be 15,000 square feet.
Article IX.
Building Size
Houses constructed on lots within the Plat shall have a minimum square footage of finished floor space above street grade, excluding breezeways, porches and garages as determined by Declarant. In the absence of such determination, the following minimums shall apply:
Lots 1 through 14 2500 square feet
Lots 15 through 19 3000 square feet
Lots 20 through 22 2500 square feet
Lots 23 through 30 3000 square feet
Lots 31 through 35 2500 square feet
It is anticipated that Declarant may grant a credit in an amount determined by Declarant toward the minimum square footage requirements for any house built on a lake-front lot with living space in the basement. It is also anticipated that Declarant may grant a credit for any house of exceptional design and construction as determined by Declarant. For purposes of this article, the term “basement” means any floor space below the grade of the street on which the house fronts. Should any lot be split and should the resulting parcel on which a house is to be built have conflicting minimum square footage requirements, the greater square footage requirements shall control.
Article X.
Building Setback
The minimum setbacks of houses (including garages, porches, decks, patios, greenhouses, eaves, bays and chimneys) from the front, side and rear lot lines shall be determined by Declarant. In the absence of such determination, the following setbacks shall apply under definitions of front, side and rear lot lines as prescribed by ordinances of the Charter Township of Meridian:
A. The minimum setback from the front lot line shall be forty (40) feet.
B. In the case of a corner lot, the minimum setback from the side street line shall be thirty (30) feet.
C. The minimum setback from the rear lot line shall be sixty (60) feet.
D. The minimum setback from the side lot line shall be fifteen (15) feet.
Article XI.
Building Heights
As to lots 1 through 9 in the Plat, no house shall exceed two (2) stories in height, and no portion of any building, other than chimney, shall exceed thirtyfive (35) feet in height. As to lots 10 through 35 in the Plat, Declarant shall determine individual maximum height restrictions on houses built on each lot because of the need and desirability to limit and control the height of lake-front dwellings.
Article XII.
Exterior Walls
As a part of architectural approval, and to maintain a high quality of construction and appearance within the Plat, Declarant may require that at least fifty (50) percent of exterior sidewalls of any dwelling, and the entire foundation of any exposed lake-side dwelling be of brick or approved masonry construction. This minimum may be reduced or eliminated by Declarant for dwellings of exceptional design and quality.
Article XIII.
Garages and Carports
Each house constructed within the Plat shall have an attached or builtin garage, containing a minimum of 500 square feet of floor area, with walls plastered or finished with material approved by Declarant. Each house shall also contain a minimum of 300 cubic feet of enclosed area on the ground floor of the garage or immediately adjacent thereto for storage of household tools, supplies and equipment. Automatic door openers shall be installed for all garage doors. Declarant reserves the right to regulate the width and number of garage doors for each garage built within the Plat. No detached garage, or carport of any type, may be erected within the Plat.
Article XIV.
Parking Areas
Outside parking areas other than driveways shall be permitted only upon the approval of Declarant and shall be landscaped and located no closer than five (5) feet from side lot lines, forty (40) feet from front lot lines and fifty (50) feet from rear lot lines. No front yard parking areas shall be used for the parking of more than two (2) cars. Outside parking areas shall be constructed of either concrete, asphalt or brick.
Article XV.
Driveways
The location of all driveways within the Plat shall be approved by Declarant. All driveways shall be constructed of either concrete or asphalt.
Article XVI.
Outbuildings and Outdoor Recreational Equipment
No playhouse, treehouse, toolhouse, greenhouse, gazebo, or outbuilding or structure of any type detached from a dwelling, or children's play equipment or recreational equipment shall be constructed or placed on any lot within the Plat without the approval of Declarant as to size, design, materials and location. Declarant reserves the right to prohibit any of the same if, in the opinion of Declarant, it would constitute a nuisance to owners of other lots within the Plat.
Article XVII.
Decks and Fences
No decks, hedges, walls or fences shall be permitted on any lot within the Plat unless approved as to size, location, material and design by Declarant.
Article XVIII.
Sidewalks
The owners of lots along the east side of Island Lake Drive, the south side of Meadow Wood Drive, and the east side of Pine Hollow Drive (which are lots 10 through 20, and lots 26 through 30) shall at their expense construct sidewalks in the street right-of-way. As to lots 1, 31, and 35, Declarant reserves the right to require the owners of any such lots at their expense to construct sidewalks in the street right-of-way. Declarant further reserves the right to construct sidewalks on any lot within the Plat at its expense. In all cases, the sidewalks shall be constructed to run the entire width of the lot and shall conform to specifications prescribed by Declarant. In the case of a corner lot, the owner shall not be responsible for constructing a sidewalk on more than one street on which the lot fronts. In the case of lots 19, 20 22 and 23, 26, 27, 31 and 32, Declarant shall pay the cost of sidewalk construction across channels. As to lots 10 through 20 and 26 through 30 construction shall be completed by the date of occupancy of the dwelling, or within one year from the transfer of title to the lot to the lot owner, whichever first occurs. As to any other lot for which sidewalk construction is required by Declarant, construction shall be completed within one year from the date of imposition of the requirement by Declarant. If any lot owner fails to timely or properly construct the sidewalk, after thirty (30) days written notice by Declarant to the lot owner, Declarant shall have the option to construct the same and the cost thereof shall immediately be due and payable and, at the option of Declarant, shall be in lien on the lot until paid, subject to foreclosure as in the case of a mortgage under the statutes of Michigan.
Article XIX.
Swimming Pools and Tennis Courts
No swimming pool shall be constructed on any lot within the Plat without plans therefore having been approved by Declarant. The plans shall include size, design, location, fencing (or other enclosure) and lighting. Approval or rejection of plans shall be governed by the procedure for approval or rejection of Architectural Prints under Article III. In no event shall a swimming pool be located within fifteen (15) feet of any adjoining lot, nor shall any such facility be used in a manner to constitute a nuisance to owners of lots within the Plat. On account of view considerations, tennis courts shall be prohibited without the consent of Declarant, and any consent shall be subject to approval by Declarant of size, design, location, fencing and lighting
Article XX.
External Energy Systems
No solar collector or any other device or equipment erected either on the exterior of a dwelling or detached therefrom and designed for the production of energy for heating or cooling or for any other purpose shall be permitted without approval from Declarant.
Article XXI.
Outdoor Lighting
The placement and intensity of outdoor lighting, whether for security or ornamentation, other than decorative fixtures erected on buildings and having a maximum wattage of 100 watts, shall be approved by Declarant.
Article XXII.
Subdivision of Platted Lot
No lot shall be subdivided without the prior written approval of Declarant.
Article XXIII.
Herbicide and Fertilizer Control
The water quality of lakes within the Plat is of prime importance to the owners of lands within the Plat and the First Plat. Therefore, Declarant reserves the right to regulate the type and extent of fertilizers and herbicides used by lot owners within the Plat, as well as the time for application of the same. This right is sufficiently broad to require that all or some of the lots be fertilized by an independent contractor retained by Declarant, with the costs of the same to be charged prorata to affected lots on a benefit basis, or to suspend the use of fertilizers or herbicides at certain intervals or for extended periods of time.
Article XXIV.
Damaged or Destroyed Buildings
Any building or other structure on any lot in the Plat which may be damaged or destroyed by fire, windstorm or from any other cause, shall be repaired, rebuilt, or torn down and all debris removed and the lot restored to a sightly condition with reasonable promptness. Declarant may enter on any premises where an excavation, foundation, or uncompleted building or other structure has been left without substantial and continuing building progress for more than three (3) months and cause such excavation or foundation to be filled or removed, or such uncompleted building or other structure to be demolished, the expense thereof shall be immediately due and payable to Declarant by the lot owner and shall become a lien on the property, and may be foreclosed by Declarant as in the case of the foreclosure of a mortgage under Michigan statutes.
Article XXV.
Appearance of Lots and Buildings
The owners of unoccupied lots within the Plat shall shall at all times keep and maintain the same in a sightly condition consistent with the high standards of the development in the Plat, causing weeds and other growth to be cut and preventing accumulations of rubbish and debris. The owners of all occupied lots in the Plat shall keep their premises landscaped and maintain their structures in good repair, consistent with the high standards of the development in the Plat.
Article XXVI.
Grading, Excavating and Erosion Control
The rough grading of each lot within the Plat will have been established by Declarant by the time of the initial sale of the lot. Finished grading shall not be altered substantially therefrom without the approval of Declarant. Once the final grade has been established, no modifications therefrom shall be made without the approval of Declarant. Any earth removed in grading or excavating shall be deposited at a location designated by Declarant.
To ensure that undue erosion of soil into wetlands does not occur, Declarant reserves the right to regulate and limit construction activity on any lot within the Plat and to require seeding or other soil retention measures.
Article XXVII.
Nuisances
The following shall be considered nuisances and shall not be permitted within the Plat, it being desirable and essential to maintain a high-quality aesthetic living community within the Plat:
(a) The keeping of livestock or poultry;
(b) Outdoor kennels or runs for domestic animals; unless approved by Declarant;
(c) Female poplar (or cottonwood) and box elder trees;
(d) Billboards or signs of any type, except signs advertising the sale of lots, although Declarant reserves the right to install and maintain promotional signs and displays within the Plat during development;
(e) Outdoor tanks for storage of fuel;
(f) Outdoor receptacles for ashes, garbage or refuse;
(g) Burning of garbage, refuse, brush or leaves;
(h) The parking or storing of commercial vehicles, campers, trailers, motor homes, boats, snowmobiles, or other recreational devices or vehicles unless placed wholly within an enclosed garage or other outbuilding approved by Declarant;
(i) Exterior television antennae, satellite dish receiver antennae, tower receiver antennae, or communications transmitting or receiving devices of any type;
(j) The outdoor storage of docks, unless appropriately screened as determined by Declarant;
(k) Pumps or other apparatus to pump water from or into the lakes within the Plat or from underground wells, except that Declarant reserves the right to install, operate or maintain a well as described in Article XXXV;
(l) Onsite exploration or drilling of oil or gas;
(m) Onsite exploration or removal of sand, gravel or other subsurface minerals;
(n) Outdoor clotheslines;
(o) Uncovered metal chimneys;
(p) Vegetable gardens in the front or side yards, or any vegetable garden exceeding 300 square feet;
(q) Operation of snowmobiles, dirt bike-type motorcycles, or other motorized or alternately powered recreational vehicles, except such other motorized or alternately powered vehicles that may be lawfully operated on public streets;
(r) Above-ground swimming pools;
(s) Boat Houses;
(t) Windmills;
(u) Airborne vehicles of any type;
(v) Camping;
Article XXVIII.
Use of Parks
A. Definitions and Purpose of Parks. The Plat contains two parks, designated as “Island Lake Park” and “Pine Hollow Lake Park” which are private parks, for the use and benefit of owners of lots within the Plat, and certain owners of lots in contiguous plats as hereafter specified. Each park contains a lakes, which have been established primarily for wetland control and aesthetic purposes, and incidentally for recreational purposes. Recreational use of the parks, including the lakes within the parks, shall be limited and controlled as hereinafter stated, to insure that the primary purpose of the parks is maintained.
B. Encumbrances on Parks. Certain portions of the Parks are, and at all times will be, encumbered by the following easements which are superior to the interests of owners of lots within the Plat to use the parks for recreational purposes:(1) A Conservation Easement in favor of the Michigan Department of Natural Resources, recorded simultaneously with the recording of the Plat.
(2) A Floodplain Restriction in favor of Michigan Department of Natural Resources recorded simultaneously with the recording of the Plat.
(3) Easements in favor of the Ingham County Drain Commissioner and the Intercounty Drainage Board for the Remy-Chandler Branch #5 Intercounty Drainage District, County of Ingham and Clinton, State of Michigan, recorded prior to the recording of the Plat.C. Use of the Parks. Use of the parks is limited to Declarant; owners of lots within the Plat having frontage on the parks and owners of off-lake lots within the Plat and any contiguous plat as determined by Declarant. Use of the parks by all lot owners, other than Declarant for maintenance and administrative purposes, shall be by permit only, under permit procedures and with permit fees established by Declarant and subject to rules and regulations established from time to time by Declarant, and subject to the following restrictions, and others herein imposed:
(1) The Island in Island Lake Park. The island in Island Lake Park has been established primarily for aesthetic purposes, to be maintained with vegetation. The only area of the island to be used for recreational purposes shall be the beach at the southern tip of the island, during daylight hours, for swimming, fishing, picnicking and temporary beaching of boats. Those using the island shall keep the beach free from debris and at all times respect the rights of other to use the same area, and refrain from activities that would be a nuisance to owners of the lots within the First Plat and the Second Plat. There shall be no fires, hunting, camping, hiking, skiing or sledding on the island.
(2) Use of Lakes. The lakes shall be used only during daylight hours and only for swimming, fishing (but not ice fishing), boating (but not ice sailing), and ice skating under the following restrictions:(a) Only the following boats are permitted: rowboats, paddleboats, sailboats, canoes, inflatable rafts, and any boat powered by an electric motor of 5 horsepower or less, although Declarant reserves the right to operate any motorized boat for sales and maintenance purposes.
(b) Declarant shall have the right to restrict the use of the lakes from time-to-time for any purpose, including water and wetland vegetation maintenance purposes and shall have the right to alter the level of the lakes as necessary for such purposes. Declarant shall have the right to alter the level of lakes within the Plat as necessary to enable Declarant to dredge lakes in Contiguous Lands.(3) Docks. Docks may be installed within the park, including the lakes, only by permit. Docks shall not exceed ten (10) feet in width or one-hundred fifty (150) square feet in total, including portions of docks on an owner’s lot. No dock shall extend more than twenty (20) feet lakeward from the lot line, except as to lots 12, 13 and 14, and as to docks for those lots, no dock shall extend more than fifteen (15) feet lakeward from the lot line. There shall be only one dock on any lot within the Plat. Docks shall be removed annually by October 1st and installed no earlier than May 1st. Docks may be constructed only within the defined beach area of the landscape easement for each lot as described in the Reservation of Landscape Easement and Declaration of Landscape Restrictions Within the Landscape Easement.
(4) Permits shall be issued by Declarant annually and Declarant reserves the right to limit the number of permits. Notwithstanding the foregoing, the owner of every lake-front lot shall be entitled to a dock permit. Permit fees shall be retained by Declarant. Permits may be revoked or suspended by for violations of these restrictions or for violation of rules and regulations established from time to time, under procedures established by Declarant.
(5) The access to Island Lake Park between Lots 13 and 14 within the Plat shall be used only by those lot owners authorized under permit to use the lakes and only for the launching of boats, and not for swimming or fishing, or any other activities or for access for any other purpose.
(6) Administration of the provisions of this paragraph (C) shall be undertaken by the Homeowners' Association only at such time as Declarant make specific transfer of such powers, which may occur after transfer of ownership of the Parks to the Homeowners' Association.
Article XXIX.
Ownership and Maintenance of Common Property
Ownership of the Common Property as of the date hereof is vested in Declarant. Declarant shall maintain and shall retain ownership and control of the Common Property until such time as Declarant determines it advisable to transfer ownership to the Homeowners' Association. Prior to such transfer, the cost of maintenance of the Common Property shall be borne equally by owners of lots within the Plat, and as future plat are developed in Contiguous Lands, the costs of maintenance shall be spread among lot owners of this Plat and such other plats on the basis of benefit. Costs of maintenance under this Article shall be paid and assessed under assessment procedures and formulas established under Article XXXI.
As future plats are developed in Contiguous Lands, and property therein is designated as Common Property by Declarant, and to the extent the lots within this Plat are benefited by such Common Property, the costs of maintenance thereof may be assessed against owners this Plat on the basis of benefit under assessment procedures and formulas established under Article XXXI.
Article XXX.
Park Lake Road Right-of-Way Maintenance
To retain and enhance the aesthetic features of the Plat, Declarant will landscape the east side of the Park Lake Road right-of-way adjacent to the west boundary of the Plat. While this land is not within the plat, it shall be maintained at all times by the Homeowners' Association, once transfer of Common Property has been made by Declarant to the Homeowners' Association. Prior to this transfer, Declarant shall undertake the maintenance, the cost thereof to be borne equally by all lots owners within the Plat.
As future plats are developed by Declarant or its successors or assigns in Contiguous Lands, the cost of maintenance shall be spread equally among lot owners of this Plat and such other plats. As future plats are developed which abuts Park Lake Road to the north and south of this Plat, the landscaping along the Park Lake Road right-of-way will be extended, and the cost of maintenance thereof shall be spread equally among owners of lots within this Plat and owners of lots within all plats developed in Contiguous Lands, whether or not such plats abut Park Lake Road. Costs of maintenance under this Article shall be paid and assessed under assessment procedures established under Article XXXI.
Article XXXI.
Assessment Procedures
Assessments for the cost of maintenance of Common Property as detailed in Article XXIX, maintenance of the Park Lake Road right-of-way as detailed in Article XXX, wildlife within and outside of the Plat, and maintenance of wetlands and lakes outside of the Plat shall be made on the basis of benefit under the following formulas and procedures:
1. Maintenance items benefiting all lots owners equally, such as but not limited to maintenance of the Park Lake Road right-of-way, the entrance signs and the brick and mortar wall along Park Lake Road, shall be assessed equally to all participants in the Fund. Assessments shall be made annually in advance, by January 15th of each year, and based on the total estimated cost of maintenance of items covered by this subparagraph. The initial annual assessment shall be $150. If during any year the total accumulations from the Common Assessments are not sufficient to pay the costs to be assessed under this paragraph, supplemental assessments may be made.
2. Maintenance items affecting lot owners differently, depending upon location within the Plat, such as but not limited to maintenance of the lakes and the island in Island Lake Park and Common Property taxes, shall be separately assessed on a ratio of 4:2:1 as follows:Lots abutting on Island Lake Park or Pine Hollow Lake
Park, which are lots 10 through 30, shall have a factor of “4”;
Lots not abutting on Island Lake Park and Pine Hollow Lake Park, but which by permit issued during the immediately preceding 12-month period have had the right to use either Island Lake Park, Pine Hollow Lake Park, shall have a factor of “2”; and
Lots not falling within either category described above shall have a factor of “1”.The dollar amount of assessment for each lot owner shall be determined by: (1) multiplying the number of lots in each category by the applicable factor; (2) adding the products obtained by such multiplication; (3) dividing the amount to be assessed by the sum of such addition; and (4) multiplying the result of such division by the factor for each category of lot to obtain the amount of assessment for each lot within that category. By way of example, assuming an amount of $1,000 to be assessed:
Category Hypothetical
# LotsFactor Lake lots owners 21 x 4 = 84 Off-lake with access 5 x 2 = 10 Off-lake without access 9 x 1 = 9 103 $1,000 ÷ 103 = $9.70
Category Factor Unit
AssessmentAmount of
AssessmentLake lot owners 4 x $9.70 $38.80 Off-lake with access 2 x $9.70 $19.40 Off-lake without access 1 x $9.70 $9.70 3. Declarant shall determine which maintenance items are to be assessed equally or under the provisions of paragraph 2 of this Article.
4. Lots 31, 32, 33, 34 and 35 within the Plat shall be considered non-lake-front lots until such time as the lakes on which they front become part of a subsequent plat or plats created by Declarant, its successors or assigns, at which time they shall also be subject to assessments as lake-front lots in the Plat(s) encompassing the lakes on which they front.
5. Because the proper maintenance of wildlife and wetlands within the Plat and general aesthetics of the Plat are affected by maintenance and aesthetics of wildlife and wetlands outside of the Plat in Contiguous Lands, costs of maintenance of wildlife and wetlands outside of the Plat in Contiguous Lands shall be assessed to owners of lots within the Plat, but only to the extent of benefit to owners of lots within the Plat. In a like manner, owners of lots in plats developed in Contiguous Lands will benefit from maintenance of wildlife and wetlands within the Plat. Declarant reserves the right to assess portions of the cost of this maintenance to owners of lots in plats in Contiguous Lands. The allocation of costs shall be by formulas determined from time to time by Declarant.
6. Assessments and supplemental assessments within this Article shall be billed by Declarant to owners of lots by mailing to their last known address. Accompanying each billing shall be a statement identifying the nature and cost of each item of maintenance being assessed.
7. All assessments under this Article shall be due in full within thirty (30) days of mailing. Any assessment not paid when due shall accrue interest from the due date at such lawful rate as established from time to time by Declarant, and shall become a lien on the lot in question until paid once notice of claiming a lien is recorded by Declarant with the Ingham County Register of Deeds. Such lien may be foreclosed by Declarant in the manner prescribed for the foreclosure of mortgages under Michigan statutes.
8. Assessments shall commence with the recording of these restrictions.
9. Assessments shall be made without regard to whether a lot is improved or unimproved.
10. Declarant may use monies in the Fund from assessments paid under paragraph 1 of this Article to advance costs of maintenance items assessed under paragraphs 2 and 5 of this Article.
11. Declarant shall be entitled to reimburse itself for reasonable costs of administration and accounting of matters covered by this Article from monies in the Fund. Declarant shall also be entitled to use up to 10% of Common Assessments assessed in any calendar year for institutional advertising for the Plat and other plats in Contiguous Lands.
12. Assessments shall be made by Declarant for as long as Declarant retains ownership of any of the Common Property, but only as to the Common Property retained by Declarant. Assessments on Common Property transferred to the Homeowners' Association shall be made by the Homeowners' Association, on the bases described in this Article. As to Common Property transferred to the Homeowners' Association, the Homeowners' Association shall make determinations and assessments reserved to Declarant in this Article.
13. As to items other than Common Property for which assessments are to be made and paid, Declarant reserves the right to transfer any part or all of the responsibility for maintenance of these items to the Homeowners' Association and upon such transfer, the Homeowners' Association shall be bound to assume the responsibility for maintenance of such items. Upon transfer, assessments for these items shall be made by the Homeowners' Association, on the bases described in this Article, and the Homeowners' Association shall make determinations reserved to Declarant in this Article as to the same.
Article XXXII.
Common Property Maintenance Fund
Declarant will currently establish the Fund which will remain in effect as long as Declarant is entitled to make assessments under these Restrictions. At such time as Declarant transfers any Common Property or maintenance responsibility for any other item to the Homeowners' Association, the portion of the monies in the Fund applicable to the Common Property or items transferred shall as well be transferred to the Homeowners' Association.
Contributions to the Fund shall be made by each lot owner within the Plat based on formulas and assessment procedures established under Article XXXI. Declarant reserves the right to require owners of lots in future plats in Contiguous Lands to become contributors to the Fund.
Declarant shall account annually to all lot owners within the Plat for receipts and expenditures from the Fund and shall make the books and records of the Fund available for inspection at reasonable times upon request.
Article XXXIII.
Hunting and Wildlife Management
It is the intention of Declarant in creating the Plat and in development of Contiguous Lands to maintain a balance of recreation usage and wildlife preserve in common areas. Accordingly, the following restrictions are established to ensure that the proper balance of wildlife are not destroyed.
A. There shall be no hunting within the Plat or on Contiguous Lands;
B. Wildlife shall not be fed, except by Declarant;
C. No wildlife shall be introduced into the environment except by Declarant; and
D. Declarant reserves all rights of wildlife management.
Article XXXIV.
Homeowners' Association
Declarant will establish the Homeowners' Association. Copies of the proposed Articles of Incorporation and Bylaws of the corporation, which specify the powers and obligations of the corporation, voting rights of its members and administrative structure of the corporation, shall be given to each lot owner by Declarant prior to or at closing of the sale of each lot by Declarant. Declarant reserves the right to amend the Articles of Incorporation and Bylaws at any time prior to any lot owner other than Declarant becoming a member of the corporation. Declarant shall be the only member of the corporation until such time as Declarant transfers ownership of the Common Property or portions thereof to the corporation or transfers all or any of the administration of these restrictions to the corporation. At such time, Declarant shall give written notice to each lot owner that transfer has been made, including the nature and extent of transfer, and that each lot owner has become a member of the corporation, and shall provide each lot owner with a copy of the then-current Articles of Incorporation and Bylaws. Upon becoming a member of the corporation, each lot owner shall be entitled to vote and required to pay dues in accordance with the terms of the Articles of Incorporation and Bylaws.
While the Homeowners’ Association will be established as a part of the development of this Plat, Declarant reserves the right to extend membership therein to owners of lots in plats in Contiguous Lands, such right being exercisable before any lot owner in this Plat becomes a member, or after, or both.
Article
XXXV.
Easements
The following easements are hereby created and reserved within the Plat:
(a) Easements are granted as shown on the Plat for the construction and perpetual operation and maintenance of conduits, poles, wires and fixtures for electric lights, telephone and other public and quasipublic utilities and to trim or remove any trees or other vegetation which at any time may interfere or threaten to interfere with the maintenance of such facilities and fixtures, with the right of ingress to and egress from the lots encumbered by the easements in favor of agents and employees of the utilities.
(b) Landscape easements are created along the water side of lots 10 through 35 within the Plat for the purpose of wetland vegetation and water maintenance and control. The terms and conditions of these landscape easements are more particularly described in a document entitled, “Reservation of Landscape Easements and Declaration of Restrictions within the Landscape Easement,” recorded simultaneously with the recording of the Plat. The terms and conditions of that reservation and declaration are specifically incorporated as a part of these restrictions.
(c) Declarant reserves the right to install and maintain pipes, conduits, wire and apparatus appurtenant thereto within the utility easements shown on the Plat for maintenance of the lake system within the Plat and adjoining lands and for the proper operation and maintenance of an entrance sign at the intersection of Park Lake Road and Meadow Wood Drive and, in furtherance thereof, Declarant reserves the right to trim or remove trees or vegetation which at any time may interfere or threaten to interfere with the maintenance of such facilities and fixtures, with the right of ingress and egress from the lots encumbered by the easements in favor of Declarant, its agents and employees.
(d) Drain easements have been granted to the Ingham County Drain Commissioner and the Intercounty Drainage Board for the Remy-Chandler Branch #5 Intercounty Drainage District, County of Ingham and Clinton, State of Michigan by easements recorded with the Ingham County Register of Deeds prior to the recording of the Plat.
(e) In addition to the drain easements referenced in the preceding subparagraph (d), drain easements are reserved by the recorded Plat over those portions of lots 19, 22, 23, 26, 27 and 32 which are ten (10) feet in depth and abut the channels formed by the lakes. The drain easements as to lots 22 and 23, and 26 and 27 are a total of fifty (50) feet in width at each location, being twenty-five (25) feet on either side of the common lot lines of lots 22 and 23, 26 and 27, respectively, and extend the full ten (10) feet of depth of each lot. The drain easements as to lots 19 and 32 are each a total of fifty (50) feet running westerly from the common lot line of lot 20 and lot 31, respectively, and extend the full ten (10) feet of depth of each lot. Drain easements are also reserved by the recorded Plat over lots 2, 3, 17, 18, 29, 30, 33 and 34. All of these easements are for the benefit of any drain authority now or hereafter possessing a drain easement in, on, under or over Island Lake Park or Pine Hollow Lake Park, or ant portion thereof, with the right in such authority to enter upon such land and to remove trees and other vegetation as it may deem necessary for the installation and proper maintenance of the drain.
(f) A Conservation Easement has been created in favor of the Michigan Department of Natural Resources over Island Lake Park and Pine Hollow Lake Park by instrument recorded with the Ingham County Register of Deeds simultaneous with the recording of the Plat.
(g) An easement has been created in favor of Michigan Bell Telephone Company over an area ten (10) feet by ten (10) feet in the southeast corner of Lot 2 immediately north of and adjacent to the ten (10) foot public utility easement along the South line of Lot 2 for the construction and maintenance of a telecommunications transformer.
(h) Declarant hereby reserves the following easements:(i) over the West ten (10) feet of lots 1 through 9 in the Plat for the construction and maintenance of a brick and mortar wall along Park Lake Road right-of-way.
(ii) an easement over the Southwest corner of Lot 1 and the Northwest corner of Lot 2 within the Plat, each easement being over an area thirty-five (35) feet North and South by thirty (30) feet East and West, for the construction and maintenance of an entrance wall at each location, including lighting for the entrance walls, landscaping and sprinkling devices, and for the installation and operation of a well and pump on the easement herein reserved over Lot 2.
(iii) an easement over the South ten (10) feet of Lot 1 and the North ten (10) feet of Lot 2 for electric conduit and water lines to service the entrance areas and well and pump described in the immediately preceding subparagraph (ii).
All easements reserved by Declarant in this subparagraph (h) of Article XXXV shall be perpetual, and shall entitle Declarant and any necessary public authority to enter upon lots encumbered by the easements to construct and maintain the facilities permitted by the terms of the easements, and shall include the right to remove or trim trees and other vegetation, remove driveways and fences and other structures as necessary for such maintenance.(i) Declarant reserves the right to create such easements in the future as Declarant deems appropriate and necessary for the proper development and continued prosperity of the Plat and Contiguous Lands, PROVIDED, HOWEVER, as to any lot upon which construction has commenced Declarant shall not create or impose any easement which would be closer to any existing building or structure than five (5) feet.
Article XXXVI.
License for Use of Portions of Lakes and
Wetlands Within and Outside of Plats
A. The common areas designated on the Plat as Island Lake Park and Pine Hollow Lake Park contain bodies of water which are part of larger lakes. The portions of these bodies of water extending beyond the boundaries of the Plat are herein referred to as the “Extended Lakes.” The Extended Lakes are a part of the First Plat and, as well, Pine Hollow Lake Park will also be part of a future plat or plats at such time, if at all, as Declarant develops such areas.
B. Declarant hereby grants to certain owners of lots within the Plat (as hereinafter designated) a license to use the Extended Lakes and the boat launching facility in the First Plat upon the following terms and conditions:1. The license shall be irrevocable and perpetual.
2. Use of the Extended Lakes and boat launching facility shall conform to rules and regulations established from time to time by the owner(s) of the Extended Lakes, including but not limited to matters contained in recorded restrictive covenants. Pending establishment of rules and regulations to the contrary, the limitations and conditions contained in the Declaration of Restrictions pertaining to the use of Island Lake Park and Pine Hollow Lake Park, shall apply to the use of the Extended Lakes.
3. Use of the Extended Lakes and boat launching facility shall also be subject to governmental rules and regulations as exist from time to time and agreements established pertaining to use, maintenance and control of the Extended Lakes between the owner(s) thereof and any governmental authority.
4. The configuration of the Extended Lakes shall be determined by Declarant and may be altered from time to time as Declarant deems necessary or appropriate.
5. Use of the Extended Lakes shall only extend to what could commonly be termed the lake portion of the body of water, and shall not extend to any portion of the land abutting the lake, or any inlet, channel, tributary or stream.
6. Use of the Extended Lakes and the boat launching facility in the First Plat is hereby granted only to owners of lots in the Plat who, by permit, are entitled to use Island Lake Park and Pine Hollow Lake Park, but only for so long as the permit is in effect and to the extent of rights granted by the permit.C. Anticipating that the Extended Lakes may become part of a subsequent plat or plats, Declarant hereby reserves, in favor of itself, its successors and assigns and for owners of lots in plats within the Contiguous Lands, as determined by Declarant, a license to use Island Lake Park and Pine Hollow Lake Park upon the following terms and conditions:
1. The license shall be irrevocable and perpetual.
2. Use of Island Lake Park and Pine Hollow Lake Park shall be subject to all of the limitations and conditions contained in these Declarations of Restrictions, as they may be amended from time to time.
Article
XXXVII.
Reservation of Mineral Rights
Declarant hereby reserves to itself, its successors and assigns, all oil, gas and other subsurface minerals within the Plat.
Article XXXVIII.
Waiver in National Emergency
In the event of national emergency, Declarant may waive any restriction conflicting with governmental regulations or with the national welfare.
Article XXXIX.
Duration, Termination and Amendment
In the event of national emergency, Declarant may waive any restriction conflicting with governmental regulations or with the national welfare.
Article XL.
Duration, Termination and Amendment
These restrictions shall remain in effect until January 1, 2015 and shall thereafter automatically be extended for successive terms of five (5) years each unless at least one (1) year prior to the expiration of the original term or of any renewal term they are terminated. Termination shall be accomplished by recording with the Ingham County Register of Deeds an Agreement of Termination executed by all of the owners of at least twenty-one (21) of the lots in the Plat. Termination shall be effective at the end of the term, or such later date as stated. These restrictions may be amended by Declarant at any time until it transfers ownership of all Common Property and all of its rights hereunder to the Homeowners' Association. When such event occurs, or if prior to that time by recorded instrument Declarant grants amendment powers to the Homeowners' Association, these restrictions may then be amended by the Homeowners' Association as then constituted, by at least twothirds (2/3) of the voting members of the Homeowners' Association executing and recording with the Ingham County Register of Deeds an agreement in writing acknowledging and embodying the amendment(s). The term "amend" means the modification or deletion of any restriction, or the imposition of any additional restriction. PROVIDED, HOWEVER, these restrictions shall not be amended by the Homeowners' Association in any manner to impair any rights of Declarant nor any obligations under the easements identified in paragraphs B and F of Article XXXV. AND PROVIDED FURTHER that these restrictions shall not be amended by the Homeowners' Association in any manner to alter the assessment formulae under Article XXXII unless among those executing the amendment there are the owners of at least two-thirds (2/3) of Lots 10 through 30 of the Plat.
Article XLI.
Partial Invalidity
Should any provision of these restrictions, or portion thereof be deemed invalid, the validity of the remainder shall not be impaired.
Article XLII.
Enforcement
These restrictions may be enforced and any violation thereof enjoined, and any action for damages maintained by any lot owner, by Declarant as long as Declarant retains any rights hereunder, and by the Homeowners' Association at such time as Declarant transfers any of the Common Property or any of its rights hereunder to the Homeowners' Association as to the Common Property and rights transferred.
back to TOC
Executed at East Lansing, Michigan.
WITNESSES:
Whitehills Development Corporation, a
Michigan corporation
SS/ Gilbert M. White
By: SS/ Albert A. White_____________
Gilbert M. White
Albert A. White
Its President
SS/ Judith A. Goudie
and SS/ Jean S. White
Judith A. Goudie
Jean S. White
Its Vice-President
STATE OF MICHIGAN )
) ss.
COUNTY OF INGHAM )
This foregoing was acknowledged before me this 2nd day of April, 1985, by
Albert A. White and Jean S. White, the President and Vice-President,
respectively, of Whitehills Estates, Inc., a Michigan corporation on behalf of
the corporation.
SS/ Judith A. Goudie
Judith A. Goudie
Notary Public , Ingham County, Michigan
My commission expires: 7/20/87
This instrument prepared by:
Douglas J. Austin
Fraser Trebilcock Davis & Foster, P.C.
1000 Michigan National Tower
Lansing, MI 48933
RESERVATION OF LANDSCAPE EASEMENT AND DECLARATION OF LANDSCAPE RESTRICTIONS WITHIN THE LANDSCAPE EASEMENT
WHEREAS, Whitehills Estates, Inc. a Michigan corporation, of 3210 Lake Lansing Road, East Lansing, Michigan 48823, (“Owner”) has caused or will cause the plat (“Plat”) of certain lands within the Northeast 1/4 of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, known as Whitehills Lakes Subdivision (“Subdivision”), to be recorded; and
WHEREAS, the Plat includes two parks known as Island Lake Park and Pine Hollow Lake Park, which will each contain a private lake; and
WHEREAS, as a condition of granting Owner authority to replace existing wetlands by construction of the lakes, the Michigan Department of Natural Resources exercising powers under the Inland Lakes and Streams Act (Act No. 346 P.A. 1972 as amended) and the Goemaere-Anderson Act (Act No. 203 P.A. 1979) and through its Permit No. 84-13-34 dated June 29, 1984 (”Permit”) has required Owner create and maintain areas of wetland vegetation (“Landscape Easement”) on certain portions of lands within the Plat abutting Island Lake Park and Pine Hollow Lake Park on certain portions of lands within the Plat abutting wetlands not within the Plat; and
WHEREAS, the creation and maintenance of the Landscape Easement are necessary to ensure the health and vitality of the wetlands affected for he benefit of all owners of lots within the Plat;
NOW, THEREFORE, Owner hereby reserves a Landscape Easement and declares and imposes restrictive covenants on certain lots within the Subdivision as follows:
RESERVATION OF LANDSCAPE EASEMENT
Owner hereby reserves for itself, its successors and assigns, a perpetual Landscape Easement as more fully described hereinafter on, over and across certain portions of certain lots within the Plat as follows:
A. Fifteen (15) feet along the back and ten (10) feet along the sides of lots facing Island Lake Park and Pine Hollow Lake Park as shown on the Plat, those being Lots 10 to 30 inclusive of the Subdivision; and
B. Fifteen (15) feet along the back and ten (10) feet along the sides of lots abutting wetlands not within the Plat, those being Lots 31 to 35 inclusive of the Subdivision.
The designation of the Landscape Easement on the Plat are merely typical, and Owner reserves the right for itself, its successors and assigns, to determine the precise location and grade of the Landscape Easement by appropriate plantings and grading to be completed by Owner at its expense prior to or within six (6) months after the initial sale of each lot encumbered by the Landscape Easement.
Owner further reserves the right for itself, its successors and assigns to modify the location and grade of the Landscape Easement on any lot once established as may be necessary to meet the requirements of the Michigan Department of Natural Resources from time-to-time under the Permit; PROVIDED< HOWEVER< that the location of the Landscape Easement on each lot as initially established or subsequently modified shall not substantially encroach on any lot beyond the approximate location as designated on the Plat.
This Reservation of Easement shall be for the purpose of permitting Owner, its successors and assigns to establish and maintain the Landscape Easement in conformity with the terms of the Permit, although nothing herein shall be construed to limit the obligations of owners of the lots encumbered by this Easement as hereinafter set forth.
Owner further reserves a perpetual, non-exclusive easement on, over and across ten (10) feet on the sides and forty (40) feet at the rear of each lot affected by the Landscape Easement as access to the Landscape Easement on the lot for the purpose of establishing and maintaining the Landscape Easement.
DECLARATION OF LANDSCAPE RESTRICTIONS
WITHIN THE LANDSCAPE EASEMENT
Owner hereby declares and imposes restrictive covenants on all lots affected by the Landscape Easement, those being lots 10 to 35 inclusive of the Subdivision, for the benefit of all owners of lots within the Plat and for the benefit of Owner, its successors and assigns as follows:
1. The owner of each affected lot shall maintain the Landscape Easement in accordance with the design as originally established or subsequently modified by Owner, its successors or assigns.
2. The design of the Landscape Easement on each affected lot shall consist of:
(a) Wetland vegetation calculated to maintain an ecologically sound environment on the perimeter of the wetlands, including prevention of soil erosion; and
(b) A sand beach area.
3. As applied to the non-beach areas of the Landscape Easement, the term “maintenance” shall include:
(a) The replacement of dead or diseased vegetation with vegetation of a like kind;
(b) Pruning;
(c) Weed control;
(d) Insect and disease control;
(e) Fertilization;
(f) Watering; and
(g) Erosion control, which shall include the obligation to maintain the Landscape Easement at the original grade as established by the Owner.
4. As to the beach areas of the Landscape Easement, the term “maintenance shall include:
(a) Keeping the beach free of debris and weeds and vegetation of all types; and
(b) Erosion control, which shall include the obligation to maintain the Landscape Easement at the original grade as established by the Owner.
5. The vegetation as initially planted by the Owner may be modified or supplemented by the owner of any affected lot only with appropriate vegetation as approved by Owner, its successors or assigns under landscape architectural approval provisions of the general restrictive covenants to be established for the Subdivision; PROVIDED, HOWEVER, that annuals meeting the height restrictions hereinafter referenced may be planted as desired.
6. The height of vegetation (other than trees) within the Landscape Easement shall be maintained by the owners of each affected lot in accordance with the height restrictions of five (5) feet within Zone “A” and three (3) feet within Zone “B” as detailed on the drawing attached on Exhibit A. Because the lot widths of each affected lot vary, and the width of beaches varies from lot-to-lot, the drawing on Exhibit A is only typical and therefore does not specify precise width for each Zone. However, the general scheme of the relationship of sizes between Zones shall be maintained.
7. The grade of the Landscape Easement on each affected lot shall be maintained as originally established by Owner. Exhibit B attached is a profile of a typical grade, which may vary to some degree from lot-to-lot, but shall be the basic standard against which grades are measured and no grade shall be substantially varied therefrom. Any major erosion problems shall be reported to Owner, its successors or assigns.
8. Vegetation may be planted within the beach area on any affected lot at the option of the lot owner, provided that the vegetation is of the type consistent with that to be planted in Zone B, and provided that necessary landscape architectural approval is obtained under the general restrictive covenants of the Subdivision.
9. No beach shall be relocated on any lot once established without the prior written approval of the Owner, its successors or assigns, nor shall any beach be widened beyond that originally established, as follows:
Lot 10 30 feet Lot 23 50 feet
Lot 11 30 feet Lot 24 50 feet
Lot 12 30 feet Lot 25 50 feet
Lot 13 30 feet Lot 26 30 feet
Lot 14 30 feet Lot 27 50 feet
Lot 15 30 feet Lot 28 50 feet
Lot 16 30 feet Lot 29 50 feet
Lot 17 40 feet Lot 30 40 feet
Lot 18 40 feet Lot 31 40 feet
Lot 19 40 feet Lot 32 40 feet
Lot 20 30 feet Lot 33 30 feet
Lot 21 30 feet Lot 34 30 feet
Lot 22 30 feet Lot 35 30 feet
10. Under no circumstances shall grass or sod be planted or grown in any portion of the Landscape Easement.
11. The Landscape Easement herein created runs to the lot lines abutting the wetland areas, but does not necessarily run to the water’s edge of any wetland. The owner of each affected lot shall maintain the area between the lot line and the water’s edge in the same manner and with the same restrictions as the Landscape Easement is required to be maintained.
12. All obligations of the owner of any affected lot under these restrictions shall be performed by the owner in a timely and reasonable manner at owner’s expense. Should any owner fail to perform any obligation, Owner, its successors or assigns, shall be entitled although not obligated, to perform such obligation and the cost of the same shall be immediately due by the owner, and upon failure to pay, a lien may be imposed by Owner, its successors or assigns upon the lot and foreclosed in the manner of a foreclosure of a mortgage.
13. These restrictions shall be addition to the general restrictive covenants of the Subdivision and in the event of any conflict between the two, the restrictions herein shall control.
14. These restrictions may be amended by Owner, its successors and assigns as necessary in the judgment of Owner, its successors and assigns to conform the restrictions to the requirements of the Permit. Such amendments shall be effective upon recording a copy thereof with the Ingham County Register of Deeds and the mailing, by first class mail, a copy there to each fee titleholder of affected lots within the Subdivision.
Dated the 30th day of October, 1984.
The foregoing instrument was acknowledged before me this 30th day of October, 1984 by Albert A. White and Jean S. White, President and Vice President of Whitehills Estates, Inc., a Michigan corporation, on behalf of the corporation.
s/ Judith A. Goudie
Judith A. Goudie, Notary Public
Ingham County, Michigan
My commission expires 7/ 20/87
As recorded February 11, 1985 in Liber 1499, Pages 467-474, Ingham County Records.
DECLARATION OF RESTRICTION AND GRANT OF CONSERVATION EASEMENT
WHITEHILLS ESTATES, Inc., a Michigan corporation of 3210 Lake Lansing Road, East Lansing, Michigan 48823, and Albert A. White, a single man, of 3210 Lake Lansing Road, East Lansing, Michigan 48823, (“Grantors”) being owners of the real property described on Exhibit A attached hereto (“Property”) hereby declare and impose the following restrictive covenant pertaining to the Property for the benefit of the State of Michigan, Department of Natural Resources and all owners of property within the plat of Whitehills Lakes Subdivision, being a part of the NE 1/4 of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan and all owners of property within plats hereafter created which have as a part of platted lands any portion of the Property:
Once lakes have been established on the Property, the lakes will be retained and lands lying under the lakes will not be dredged, filled or otherwise altered without the prior approval of the Michigan Department of Natural Resources so as to protect the natural, scenic and open conditions of the Property and water thereon. For the purpose of this covenant, the lakes shall be deemed to be established at such time as the lake elevations reach 850.25 feet. Nothing in this restrictive covenant shall be deemed to limit the restrictions and obligations to maintain vegetation upon and the grade of lands lying landward between the water’s edge and the perimeter of the Property as specified in a certain Reservation of Landscape Easement and Declaration of Landscape Restrictions Within the Landscape Easement recorded contemporaneously herewith.
This covenant shall bind Grantors and all successors in interest in the Property, and is subject to all easements of record.
Grantors hereby convey to the STATE OF MICHIGAN, through its Department of Natural Resources, whose address is Stevens T. Mason Building, Lansing, Michigan 48933, a perpetual, non-exclusive easement on, over and across the Property for purposes of enforcement of the restrictive covenant hereinabove made.
Dated the 30th day of October, 1984.
The foregoing instrument was acknowledged before me this 30th day of October, 1984 by Albert A. White, a single man, and was also acknowledged the same day before me by Albert A. White and Jean S. White, the President and Vice President, respectively, of Whitehills Estates, Inc., a Michigan corporation, on behalf of the corporation.
s/ Judith A. Goudie
Judith A. Goudie, Notary Public
Ingham
County, Michigan
My
commission expires 7/20/87
As recorded February 11, 1985 in Liber 1499, Pages 475-478, Ingham County Records.
EXHIBIT A
Island Lake Park and Pine Hollow
Lake Pak as platted in Whitehills Lakes Subdivision, a part of the NE 1/4 of
Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, the boundaries
of which parks extend to and are contiguous with the side and rear lot lines and
plat boundaries as shown on the plat.
And, commencing at the East 1/4 corner of Section 5, T4N, R1W, Meridian
Township, Ingham County, Michigan; thence N00deg41’29”E 526.49 feet; thence
westerly the following three courses along the southern plat line of Whitehills
Lakes Subdivision; N88deg17’13”W 601.95 feet; thence S54deg25’30”W 216.00 feet;
thence S64deg25’59”W 172.63 feet to the point of beginning; thence S35deg34’30”E
120.00 feet; thence S32deg20’58” E 60.00 feet; thence S32deg29’21”W 70.00 feet;
thence S82deg45’48”W 40.00 feet; thence N66deg19’46”W 130.00 feet; thence
N77deg22’31”W 140.00 feet; thence S79deg46’34”E 145.00 feet; thence
N51deg08’25”W 104.62 feet; thence N02deg02’11”E 80.00 feet; thence N88deg46’05”E
452.47 feet to the point of beginning, containing 1.78 acres.
DECLARATION OF FLOODPLAIN RESTRICTIONS
Whitehills Estates, Inc., a Michigan corporation of 3210 Lake Lansing Road, East Lansing, Michigan 48823, hereby creates and imposes on lands within the plat of Whitehills Lakes Subdivision (“Plat”), being a part of the NE 1/4 of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, the following restrictive covenants for the benefit of the State of Michigan, Department of Natural Resources and all owners of lands within the Plat:
1. No filling or occupation of the floodplain area as designated on the Plat shall be allowed without the prior approval of the Michigan Department of Natural Resources.
2. Any building within the Plat used or capable of being used for residential purposes shall:
(a) Have lower floors, excluding basements, not lower than the elevation of the contour defining the floodplain limits;
(b) Have openings into the basement not lower than the elevation of the contour defining the floodplain limits;
(c) Have Basement walls and floors, below the elevation of the contour defining the floodplain limits, watertight and designed to withstand hydrostatic pressures from a water level equal to the elevation of the contour defining the floodplain limits following methods and procedures outlined in chapter 5, type A construction and chapter 6 for class 1loads found in “Flood Proofing Regulations,” EP 1165 2 314 prepared by the Office of the Chief of Engineers, U.S. Army, Washington D.C., June 1972. Figure 5, page 14.5 of the regulations, shows typical foundations drainage and waterproofing details. This document is available, at no cost, from the Department of Natural Resources’ Water Management Division, Stevens T. Mason Building, Lansing, Michigan 48909, or Department of Army, Corps of Engineers, Publications Depot, 890 S. Pickett, Alexandria, Virginia 22304:
(d) Be equipped with a positive means of preve