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Declaration of Restrictions
for Whitehills Woods Subdivision
This Declaration of Restrictions made as of January 14th, 1988 by Whitehills Development Corporation, a Michigan corporation (previously known as Whitehills Estates, Inc.), of 3210 Lake Lansing Road, East Lansing, Michigan 48823, pertaining to the plat of Whitehills Woods, a subdivision of part of the Northwest ¼ of Section 4 and Northeast ¼ of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, as recorded on January 25, 1988 in Liber 42, Pages 45-46, Ingham County Records.
WHEREAS, Declarant is owner of Whitehills Woods; and
WHEREAS, Declarant desires all lands within Whitehills Woods 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 Woods;
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 Woods and upon all present and
future owners and occupants of such lands.
Prepared by:
Douglas J. Austin
Fraser Trebilcock Davis & Foster, P.C.
10th 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 VII. Type of Use
Article VIII. Frontage
Article IX. Minimum Lot Area
Article X. Building Size
Article XI. Building Setback
Article XII. Building Heights
Article XIII. Exterior Walls
Requirements for Other Structures and Uses:
Article XIV. Garages and Carports
Article XV. Parking Areas and Driveways
Article XVI. Outbuildings, Auxiliary Use Buildings and Outdoor Recreational Equipment
Article XVII. Decks, Hedges, Walls 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:
Homeowners' Association:
Common Area Provisions:
Article XXIX. Use of Parks
Article XXX. Ownership and Maintenance of Common Property
Article XXXI. Park Lake Road Right-of-Way Maintenance
Article XXXII. Assessment Procedures
Article XXXIII. Common Property Maintenance Fund
Article XXXIV. Hunting and Wildlife Management
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. Special Restrictions for Lots 1, 2, 7, 8, and 15-21
Article XXXIX. Waiver in National Emergency
Article XL. Duration, Termination and Amendment
Article XLI. Partial Invalidity
Article XLII. Enforcement
As used in these Declaration of Restrictions, the following terms shall have the meanings designated:
1. "Declarant" means Whitehills Development Corporation, its successors and assigns.
2. “Plat” means Whitehills Woods, a subdivision of part of the Northwest ¼ of Section 4 and Northeast ¼ of Section 5, T4N, R1W, Meridian Township, Ingham County, Michigan, according to the plat thereof recorded on January 25, 1988 in Liber 42, Pages 45-46, Ingham County Records.
3. "First Plat" means the plat of Whitehills Lakes Subdivision as recorded on February 11, 1985 in Liber 39, Pages 13-14, Ingham County Records.
4. "Second Plat" means the plat of Whitehills Lakes Subdivision No. 2 as recorded on October 8, 1986 in Liber 40, Pages 48-49, Ingham County Records.
5. "Third Plat" means the plat of Whitehills Lakes Subdivision No. 3 as recorded on September 1, 1987 in Liber 42, Pages 19-20, Ingham County Records.
6. "Prior Plats" means the First Plat, the Second Plat, the Third Plat, the Fourth Plat, the Fifth Plat and the Sixth Plat.
7. "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, except the plat of Whitehills Lakes North which is within the SE 1/4 of Section 32 and the SW 1/4 of Section 33, T5N, R1W, Bath Township, Clinton County, Michigan.
8. "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.
9. "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.
10. "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.11. "Landscaping" means trees, shrubs, hedges, fences, patios, retaining walls, rock gardens or other vegetation or landscaping structures or devices.
12. "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.13. “Auxiliary Use Building” means any building with a foundation of at least 1000 but not more than 2500 square feet, other than a dwelling and attached garage, used for recreational purposes, storage or additional, but nonrental, living quarters.
14. "Pine Hollow Lake Park" means the park, including the body of water contained therein, and land surfaces under the body of water designated as "Pine Hollow Lake Park" on the First Plat and Second Plat.
15. "Island Lake Park" means the park, including the body of water and island contained therein and land surfaces under the body of water, designated as "Island Lake Park" on the First Plat and Second Plat.
16. "Timber Meadow Park" means the park designated on the Third Plat as "Timber Meadow Park."
17. "Meadow Wood Park" means the park designated on the Fourth Plat as Meadow Wood Park."
18. "Pine Hollow Lake Park North" means the park designated on the Fourth Plat as "Pine Hollow Lake Park North."
19. "Pine Hollow Lake" means the body of water and land surfaces beneath depicted on the Fourth Plat abutting portions of Pine Hollow Lake Park North and which is an extension of the body of water in Pine Hollow Lake Park.
20. "Meadow Wood Lake" means the body of water and land surfaces beneath in Meadow Wood Park West as depicted on the Fifth Plat.
21. "Parks" means Pine Hollow Lake Park, Island Lake Park, Timber Meadow Park, Meadow Wood Park, Pine Hollow Lake Park North, Tennis Park, Meadow Wood Park West, Marsh Island Park, Timber Meadow Park South and Southgate Park.
26. "Common Property" means the following common areas and common facilities and equipment within the Plat and within the Prior Plats (and the common areas and common facilities in any other plat created by Declarant or its successors or assigns in Contiguous Lands unless designated by Declarant not to be Common Property of this Plat):(a) Island Lake Park;
(b) Pine Hollow Lake Park;
(c) Timber Meadow Park;
(d) Meadow Wood Park;
(e) Pine Hollow Lake Park North;
(f) Pine Hollow Lake;
(g) The wall along Park Lake Road and any other apparatus or equipment, such as but not limited to security lighting, installed by Declarant along Park Lake Road;
(h) The entrance signs at Park Lake Road and Meadow Wood Drive and all electrical and sprinkling textures and apparatus and equipment pertaining thereto;
(i) The boat launching facilities constructed between lots 13 and 14 within the First Plat;
(j) The wells and pumps and pertinent apparatus and equipment installed on the northwest corner of Lot 2 within the First Plat and on the southerly ten (10) feet of Lot 1 of this Plat;
(k) The landscaping within the traffic islands on Overglen Court in this Plat;
(l) Trees planted by Declarant within the road rights-of-way;
(m) Trees and retaining walls adjacent to Lots 13, 14, and 20 in this Plat in the Pine Hollow Drive right-of-way, as identified in Article V;
(n) The entrance signs on the westerly twenty-five (25) feet of the southerly five (5) feet of Lot 1 and the southerly fifteen (15) feet of Lot 15 of this Plat, and all electrical fixtures and connections and other apparatus and equipment pertaining to the sign;
(o) The aerator and/or fountain within Pine Hollow Lake and all electrical fixtures, apparatus and equipment pertaining thereto within Pine Hollow Lake and Pine Hollow Lake Park North;
(p) The following easements:(i) The landscape easements created in the Prior Plats;
(ii) The ten (10) easement for ingress and egress over Lots 42 and 43 as shown on the Second Plat, which exist only for purposes specified in Article XXXV of the Declaration of Restrictions for the Second Plat;
(iii) The easement for ingress and egress over the Easterly ten (10) feet of Lot 36, the westerly five (5) feet of Lot 42 and the easterly five (5) feet of Lot 43 of the Second Plat, which exist only for purposes specified in Article XXXV of the Declaration of Restrictions for the Second Plat;
(iv) The ten (10) foot easement for ingress and egress to Timber Meadow Park over Lots 63 and 64 as shown on the Third Plat, which exists only for purposes of maintenance of that park and enforcement of restrictions pertaining to that park;
(v) The wetland control easement created in this Plat as described in Article XXXV;
(vi) The easement over the westerly ten (10) feet of Lots 1 through 9 in the First Plat, Lots 48 through 53 of the Second Plat, Lots 70 and 71 of the Third Plat, as well as the westerly twelve (12) feet of the southerly ten (10) feet of Lots 72 of the Third Plat for the construction and maintenance of a brick and mortar wall along the Park Lake Road right-of-way;
(vii) The easements over Lots 1 and 2 of the First Plat, as described in the Declaration of Restrictions for the First Plat, for the construction and maintenance of entrance walls, including lighting for the entrance walls, landscaping and sprinkling devices, and for the installation and operation of a well and pump and associated fixtures, apparatus and equipment;
(viii) The easement over the East 20 feet of Lot 62 of the Second Plat for ingress to and egress from Timber Meadow Park for all owners of lots in this Plat and the Prior Plats and owners of such other lots in future plats in Contiguous Lands as determined by Declarant; and
(ix) The easements described in paragraph E of Article XXXV of this Declaration of Restrictions;(q) The land surfaces of the drain easements between Lots 22 and 23, and Lots 26 and 27 in the First Plat, for purposes of landscape maintenance only; and
(r) Any other property, facility, apparatus or equipment hereafter designated by Declarant to be Common Property.23. "Fund" means a bank account established by Declarant to which monies will be deposited to pay for costs of maintenance of the Common Property and other items as detailed in these Restrictions.
24. "Homeowners' Association Fund" means the monies deposited in a bank account established by the Homeowners' Association to pay for costs of maintenance of the Common Property and other items as detailed in these Restrictions.
25. "Cost of Maintenance" means all costs associated with maintaining property, including but not limited to, costs of insurance, taxes, utilities, upkeep, repair and replacement.
26. "Contiguous Plat" means any plat which abuts any portion of the Plat or the Prior Plats and any plat within the Contiguous Lands which abuts such abutting plat.
Policy Statement
The Plat is the fourth plat of what Declarant anticipates will be a multiplat development of lands within the Contiguous Lands. However, 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 other than this Plat and the Prior Plats. 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, or any provision of Article XXXVIII, or any provision of any of the encumbrances on the Parks as identified in Article XXIX, 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.
As a part of construction of a dwelling on any lot, the 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.
Article V.
Trees
It is the intention of Declarant, for the benefit of all owners of lots within the Plat, to maintain the current wooded character of the Plat. Accordingly, except as hereafter specifically provided, no tree currently existing or hereafter planted shall be removed without the consent of the Declarant. Trees which are diseased shall be treated, if practicable, or removed. Dead trees, trees damaged by the elements, Article V, female poplar (or cottonwood) and Boxelder trees shall be removed. Further, the location of buildings, other structures, driveways and parking areas shall be established, and grading and fill shall be regulated by Declarant to preserve as many trees as possible, and a landscape well shall be constructed, at the expense of the owner of each affected Lot, around any significant tree or group of trees, as determined by Declarant, if the grade adjacent to the building or other structure, driveway or parking area would cause undue stress to the tree or trees.
Without limiting the foregoing or any other provision of this Declaration of Restrictions, to preserve the wooded character of the Plat, particularly between dwellings, Declarant reserves the right to prohibit a garage which opens toward the side lot line on any lot and the right to control, limit and prohibit fill within five (5) feet of side lot lines on each lot.
As part of Declarant’s intention to preserve the wooded character of the Plat, Declarant has entered into a Construction and Maintenance Agreement for Improvements and Trees in Road Right of Way with the Ingham County Road Commission which is recorded contemporaneously with the recording of these Restrictions. This Agreement permits the retention of certain trees and necessary retaining walls within the Pine Hollow Drive right-of-way adjacent to Lots 13, 14 and 20, as well imposes certain obligations on Declarant pertaining to the trees and retaining walls. These trees and retaining walls have been declared Common Property by these Declarations of Restrictions.
Article VI.
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 VII.
Type of Use
Except as otherwise specifically stated in Article XVI of this Declaration of Restrictions, only detached single family residential buildings shall be built in the Plat. Declarant reserves the right to maintain an office within the Plat and a "model" home or homes within the Plat.
Article VIII.
Frontage
The minimum frontage of any lot, or portion of lot, or combination of lots or portions of lots for building purposes shall be 120 feet on a public street, except for Lots 4 and 7 – 11 inclusive, and as to those, the minimum frontage for purposes of this Article shall be the footage of the lot on the public street as platted.
Article IX.
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 18,000 square feet.
Article X.
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, this minimum shall be 4000 square feet except for one-story dwellings which shall be 3000 square feet.
Article XI.
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 fifty (50) 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 twenty (20) feet, except for Lots 4 and 8, the minimum setback being thirty (30) feet for such lots.
Article XII.
Building Heights
Declarant shall determine individual maximum height restrictions on houses built on each lot in the Plat because of the need and desirability to limit and control the height of dwellings. In absence of determination to the contrary, 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.
Article XIII.
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 or more of exterior sidewalls of any dwelling, and the entire exposed foundation of any dwelling which has an exposed foundation of more than 16 inches in height, be of brick or approved masonry construction. This minimum may be reduced or eliminated by Declarant for dwellings of exceptional design and quality.
Article XIV.
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. Except as otherwise specifically provided in Article XVI, no detached garage, or carport of any type, may be erected within the Plat.
Article XV.
Parking Areas and Driveways
Outside parking areas other than driveways shall be permitted only upon the approval of Declarant and shall be landscaped and located no closer than six (6) 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.
The location of all driveways within the Plat shall be approved by Declarant and shall be located no closer than six (6) feet from side lot lines. All driveways shall be constructed of either concrete, asphalt or brick. Driveways on Lots 5 and 13 shall not be constructed off of Pine Hollow Drive.
Article XVI.
Outbuildings, Auxiliary Use Buildings and Outdoor Recreational Equipment
Subject to the provisions of the following paragraph, 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.
Declarant reserves the right to approve the construction of an Auxiliary Use Building on any lot or combinations of lots within the Plat in excess of one acre in size. The approval, which shall not be unreasonably withheld, shall be as to size, including height, design, materials and location, and all other matters determined appropriate by Declarant in his sole judgment, taking into account matters of view, architectural harmony, density and such other practical, aesthetic and subjective considerations as Declarant, in his sole discretion, determines appropriate and necessary, not only as to the lot upon which Auxiliary Use Building is proposed to be built, but as to other lots and parks within the Plat and adjoining plats. No Auxiliary Use Building, once approved and constructed, shall be altered without the consent of Declarant, which approval shall not be unreasonably withheld, nor shall it be used for any purpose which would violate any other provisions of these Declaration of Restrictions. The approval and construction of an Auxiliary Use Building shall be subject to and conform with all provisions of this Declaration of Restrictions pertaining to the approval and construction of a dwelling within the Plat.
Article XVII.
Decks, Hedges, Walls and Fences
No decks, hedges, walls or fences shall be permitted on any lot within the Plat unless approved as to height, location, material, color and design by Declarant.
Article XVIII.
Sidewalks
Declarant reserves the right, at its own expense, to construct a sidewalk along the easterly right-of-way line of Pine Hollow Drive adjacent to the westerly lines of Lots 1 to 5, inclusive, and 13 and 14. The construction of all or any portion of this sidewalk shall not obligate Declarant to construct any other sidewalks within the Plat.
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 and other types of 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.
Declarant reserves the right to have streetlights installed by the Charter Township of Meridian and the periodic service charges rendered by the Township, through taxation or assessment for such lighting, shall be borne by the individual lot owners within the Plat.
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 Contiguous Lands is of prime importance to the owners of lands within the Plat and the Prior Plats and any Future Plat which contain these lakes or other lakes connected to these lakes. 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 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. Prior to and during construction of a structure on any lot, Declarant shall keep and maintain the lot in a sightly condition consistent with the high standards of the development in the Plat, causing weeds and other growth to be cut, the cost of which shall be reimbursed to Declarant from the Common Assessment portion of the Fund. Notwithstanding the foregoing, it shall be the obligation of every lot owner to prevent accumulations of rubbish and debris on the lot at all times, including periods of construction.
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 wildlife, livestock or poultry;
(b) The keeping of any domestic animals by the owner of any lot in the Plat other than: (i) animals which are kept exclusively indoors; (ii) no more than two dogs; and (iii) no more than two cats. In no case shall outdoor kennels, pens or runs be maintained for any animal unless approved by Declarant, including location on the lot;
(c) 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;
(d) Outdoor tanks for storage of fuel;
(e) Outdoor receptacles for ashes, garbage or refuse;
(f) Burning of garbage, refuse, brush or leaves;
(g) 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;
(h) Exterior television antennae, satellite dish receiver antennae, tower receiver antennae, or communications transmitting or receiving devices of any type;
(i) The outdoor storage of docks, unless appropriately screened as determined by Declarant;
(j) Pumps or other apparatus to pump water from the lakes adjacent to lots within the Plat or from underground wells, except that Declarant reserves the right to install, operate or maintain a well;
(k) On-site exploration or drilling of oil or gas;
(l) On-site exploration or removal of sand, gravel or other subsurface minerals;
(m) Outdoor clotheslines;
(n) Uncovered metal chimneys;
(o) Vegetable gardens in the front or side yards, or any vegetable garden exceeding 300 square feet;
(p) Operation of snowmobiles, dirt biketype 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;
(q) Boat Houses;
(r) Windmills;
(s) Airborne vehicles of any type;
(t) Camping;
(u) A home business which causes excessive vehicular traffic in the Plat or which is conducted at a time of day or night or in a manner which causes a disturbance or annoyance to residents in the Plat
Article XXVIII.
Homeowners' Association
Declarant has established the Homeowners' Association. Copies of the 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
or restrictions pertaining to other plats in Contiguous Lands 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.
Declarant reserves the right to extend membership in the Homeowners' Association
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 XXIX.
Use of Parks
A. Purpose
of Parks. All of the Parks (as that term is defined in the Definition portions
of these Restrictions), other than Tennis Park, have been established primarily
for storm drainage, wetland control and aesthetic purposes, and incidentally for
recreational purposes. Use of the Parks is limited and controlled as hereinafter
stated to insure that the primary purposes of the Parks are maintained. All
Parks are private and are solely for the use and benefit of persons as
hereinafter specifically stated and subject to all restrictions on use as
hereinafter specifically stated.
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) Four (4) Conservation Easements in favor of the Michigan Department of Natural Resources, one recorded simultaneously with the recording of the First Plat, one recorded simultaneously with the recording of the Second Plat, one recorded simultaneously with the recording of the Third Plat, and one being recorded simultaneously with the recording of this Plat;
(2) Three (3) Floodplain Restrictions in favor of Michigan Department of Natural Resources, one recorded simultaneously with the recording of the First Plat, one recorded simultaneously with the recording of the Second Plat, and one being recorded simultaneously with the recording of this Plat; and
(3) Two 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 First Plat; a third easement in favor of the Ingham County Drain Commissioner recorded prior to the recording of the Second Plat; a fourth easement in favor of the Ingham County Drain Commissioner recorded prior to the recording of this Plat.
C. Use of Timber Meadow Park. Use
of Timber Meadow Park is available to: (i) Declarant; (ii) owners of lots in
this Plat and the Prior Plats; and (iii) owners of lots in any Future Plat as
determined by Declarant. Use of Timber Meadow Park shall not be subject to
permit. Use of Timber Meadow Park is limited to activities which do not
interfere with, damage or destroy the nature preserve and wetland character of
the park.
D. Use of Island Lake Park, Pine Hollow Lake Park, Pine Hollow Lake Park North
and Pine Hollow Lake. Use of Island Lake Park, Pine Hollow Lake Park, Pine
Hollow Lake Park North and Pine Hollow Lake ("the Lake Parks") is available
to: (i) Declarant; (ii) lot owners in this Plat, the Prior Plats and any
Future Plat whose lots abut one of the lakes in the Lake Parks; and (iii)
owners of lots in the Prior Plats, this Plat and any Future Plat whose lots do
not abut one of the lakes in the Lake Parks, as determined by Declarant. Use
of the Lake 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) Use by Owners in this Plat. Owners of lots in this Plat may use the Lake Parks, but only upon permit granted by Declarant.
(2) Access. Except as to owners of Lots 1, 2, 3, 4, 7 and 8 of this Plat, access to the Lake Parks by owners of lots in this Plat who have been granted permits shall be only at the boat launch facility between Lots 13 and 14 in the First Plat. Access at the boat launch facility shall be limited to the launching of a boat, or for pedestrian access to the lakes in the Lake Parks when the lakes are frozen. There shall be no swimming or fishing or any other activity not mentioned in the preceding sentence at the boat launch facility. Access to Pine Hollow Lake Park North and Pine Hollow Lake by the owners of Lots 1, 2, 3, 4 , 7 and 8 of this Plat, in addition to any access granted by Declarant via the boat launch facility, may be made from their respective lot.
(3) The Island in Island Lake Park. The island in Island Lake Park as designated on the First Plat 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.
(4) 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. 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.
E. Use of Meadow Wood Park. Use of
Meadow Wood Park is available to: (i) Declarant; (ii) owners of lots in this
Plat and the Prior Plats; and (iii) owners of lots in future plats in
Contiguous Lands whose lots abut Meadow Wood Park; and (iv) owners of lots in
any portion of the Contiguous Lands whose lots do not abut Meadow Wood Park,
as determined by Declarant. Use of Meadow Wood Park shall not be subject to
permit. Use of Meadow Wood Park is limited to activities which do not
interfere with, damage or destroy the nature preserve and wetland character of
the park.
F. Docks. The owners of Lots 1 and 2 of this Plat mat install docks within
Pine Hollow Lake Park North and Pine Hollow Lake for access to Pine Hollow
Lake. However, docks may be installed 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 water’s edge. There shall be only one dock
for any lot. Docks shall be removed annually by October 1st and installed no
earlier than May 1st. Docks may be constructed only at locations approved by
Declarant. Should Pine Hollow Lake at any time be extended to within thirty
(30) feet of the lot line of Lots 4, 7 and 8 of this Plat, the owners of any
of these lots whose boundary lies adjacent to Pine Hollow Lake as extended,
may construct a dock from that lot to Pine Hollow Lake, subject to all
preceding provisions of this paragraph regulating docks.
G. Permits. Permits shall be issued by Declarant annually and Declarant
reserves the right to limit the number of permits. All permits shall be issued
for such duration and for such limited purposes as Declarant may determine.
Permit fees shall be retained by Declarant. Permits may be revoked or
suspended for violations of these restrictions or for violation of rules and
regulations established from time to time, under procedures established by
Declarant.
K. Restrictions by Declarant on All Parks. Declarant shall have the right to
restrict the use of any of the Parks from time to time for any purpose,
including water and wetland control and water and wetland vegetation
maintenance, and shall have the right to chemically treat and alter the level
of bodies of water as necessary for these purposes. Declarant shall also have
the right to alter the level of any body of water in any Park as necessary to
enable Declarant to dredge in any Park or any other part of the Contiguous
Lands.
I. Transfer of Administration. Administration of the provisions of this
Article 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.
J. Extensions of Parks. Except as otherwise provided in Article XXXVI, if any
park as created in a future plat in Contiguous Lands ("Future Park") abuts one
of the Parks, the Future Park shall be available for use by owners of lots in
this Plat only by specific reference to such use in the restrictive covenants
for the plat containing the Future Park and only on such terms and conditions
prescribed therein.
Article XXX.
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. The cost of maintenance of the Common Property shall be borne equally by owners of lots within this Plat and the Prior Plats, and as any Future Plat is developed, the costs of maintenance shall be spread equally among lot owners of this Plat, the Prior Plats, and such Future Plat on the basis of benefit. Costs of maintenance under this Article shall be paid and assessed under assessment procedures and formulas established under Article XXXII.
As any Future Plat is developed, and property therein is designated as Common Property by Declarant, and as other property in the Prior Plats or this Plat is designated by Declarant as Common Property, 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 of lots within this Plat and such Future Plats on the basis of benefit under assessment procedures and formulas established under Article XXXII.
Article XXXI.
Park Lake Road
Right-of-Way Maintenance
To retain and enhance the aesthetic features of all plats developed by Declarant within the Contiguous Lands, Declarant may landscape the east side of the Park Lake Road right-of-way adjacent to the west boundary of the First Plat, the Second Plat, the Third Plat, the Fifth Plat and this Plat. While this land is not within any 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 this Plat and the Prior Plats.
As any Future Plat is developed by Declarant, the cost of maintenance shall be spread equally among lot owners of this Plat, the Prior Plats and such Future Plat. As any Future Plat is developed which abuts Park Lake Road, the landscaping along the Park Lake Road right-of-way may be extended within such Future Plat, and the cost of maintenance thereof shall be spread equally among owners of lots within this Plat, the Prior Plats and each Future Plat, whether or not such plats abut Park Lake Road.
Costs of maintenance under this Article shall be included as part of the Common Assessments under assessment procedures established under Article XXXII.
Article XXXII.
Assessment Procedures
Assessments for the cost of maintenance of Common Property as detailed in Article XXX, the Park Lake Road right-of-way as detailed in Article XXXI, the board fence and brick columns within the Third Plat, wildlife within the Prior Plats, this Plat and Contiguous Lands, wetlands in this Plat and wetlands and lakes outside of this Plat, and other items as specified elsewhere in these Restrictions, shall be made on the basis of benefit. There shall be two types of assessments known as the Common Assessment and the Individual Assessment. Annual assessments shall be made for both the Common Assessment and the Individual Assessment on a calendar year basis, in advance, under the following procedures:
A. The cost of maintenance of items benefiting all lots owners equally, such as but not limited to maintenance of the Park Lake Road right-of-way, maintenance of unoccupied lots, and maintenance of the entrance signs and the brick and mortar wall along Park Lake Road, shall be assessed equally to all lot owners in this Plat, the Prior Plats and all future plats in Contiguous Lands. This assessment is hereinafter referred to as the "Common Assessment." The Common Assessment shall be based on the total estimated cost of maintenance of items covered by this subparagraph. The 1989 annual assessment is estimated to 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.
B. The cost of maintenance of items affecting lot owners differently, depending upon location within this Plat, the Prior Plats, and future plats in Contiguous Lands, such as but not limited to maintenance of the Parks and Common Property taxes, shall be assessed to lot owners in this Plat, the Prior Plats and each future plats in Contiguous Lands on a formula basis. This assessment is hereinafter referred to as the "Individual Assessment." The formula is based on a ratio of 4:2:1 as follows:Lots not abutting the bodies of water in Island Lake Park and Pine Hollow Lake Park, or abutting Pine Hollow Lake or Meadow Wood Lake, 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, Pine Hollow Lake or Meadow Wood Lake, shall have a factor of “2”; and
Lots not falling within either category described above shall have a factor of “1”.For purposes of this formula, Lots 1, 2, and 15 of this Plat and Lots 31 and 32 of the First Plat shall have a factor of “4”. Should Pine Hollow Lake be extended to within thirty (30) feet of the southerly boundary of Lots 4, 7 or 8 of the Fourth Plat, the lots to which the lake is extended shall then and thereafter have a factor of "4."
The Individual Assessment shall be based on the total estimated cost of maintenance for the ensuing calendar year for which there is no reserve, as well as a reserve to cover costs to be incurred in the future for maintenance items of a major nature. The 1989 assessment is estimated to be $300/$150/$75 based on the 4:2:1 ratio.
If during any year the amount of the accumulated Individual Assessments is not sufficient to cover expenses, supplemental Individual Assessments may be made. The dollar amount of supplemental assessments 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 of costs is to be spread among the lot owners on a supplemental assessment basis:
| Category | Hypothetical # Lots |
Factor | |||
| 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 Assessment |
Amount of Assessment |
||
| Lake 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 | |
C. Declarant shall determine which maintenance items are to be assessed as Common Assessments and Individual Assessments.
D. 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.
E. 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.
F. 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.
G. Assessments shall commence with the calendar year following the recording of these restrictions.
H. Assessments shall be made without regard to whether a lot is improved or unimproved.
I. 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.
J. 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.
K. 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.
L. Notwithstanding other provisions in this Declaration of Restrictions to the contrary, costs of maintenance to be assessed under this Article shall not be assessed to owners of lots in any Future Plat unless the restrictive covenants for the Future Plat clearly establish the obligation of owners of lots in those plats to pay a portion of the costs of maintenance.
Article XXXIII.
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. At such time the Homeowners' Association shall establish the Homeowners' Association Fund.
Contributions to the Fund and the Homeowners' Association Fund shall be made by each lot owner within this Plat and the Prior Plats based on formulas and assessment procedures established under Article XXXIII. Declarant reserves the right to require owners of lots in any Future Plat to become contributors to the Fund.
Declarant and the Homeowners' Association shall account annually to all lot owners within this Plat and the Prior Plats for receipts and expenditures from the Fund and the Homeowners' Association Fund, respectively, and shall make the books and records of these funds available for inspection at reasonable times upon request.
At all times the books and records of the Fund and the Homeowners' Association Fund shall reflect separate accounts for the Common Assessments and the Individual Assessments, although monies received from one assessment may be commingled with monies received from the other assessment.
Nothing herein shall be construed to prohibit Declarant (as to the Fund) and the Homeowners' Association (as to the Homeowners' Association Fund) from investing fund monies in certificates of deposit, treasury bills or like instruments, and all interest from such investments, and any interest from any bank account into which assessments are deposited, shall inure to the benefit of the Fund and Homeowners' Association Fund, respectively.
At the time Declarant transfers any of the Common Property or responsibility for maintenance of any other item to the Homeowners' Association as described in paragraphs J and K of Article XXXIII, Declarant shall transfer to the Homeowners' Association any reserve in the Fund pertaining to such Common Property or other item. At such time as Declarant has transferred all Common Property and responsibility for all other items to the Homeowners' Association, the entire balance of the Fund shall be transferred to the Homeowners' Association.
Article XXXIV.
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 or trapping within the Plat or on Contiguous Lands;
B. Wildlife shall not be fed, except by Declarant;
C. Wildlife shall not be domesticated;
D. No wildlife shall be introduced into the environment except by Declarant;
E. Declarant reserves all rights of wildlife management; and
F. Other than on the lot of the owner of the domesticated animal, no domesticated animal shall be allowed on any portion of the Plat or Contiguous Lands unless leashed.
Nothing in this or any other portion of this Declaration of Restrictions shall be stated or implied permission by Declarant for any lot owner in this Plat to use any land outside of the Plat except as specifically granted.
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. 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 Contiguous Lands 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.
C. A Conservation Easement has been created in favor of the Michigan Department of Natural Resources over Meadow Wood Park, Pine Hollow Lake Park North and Pine Hollow Lake and those portions of lots within Plat shown on to be within the wetland’s edge, by instrument recorded with the Ingham County Register of Deeds simultaneous with the recording of the Plat.
D. Declarant hereby reserves an easement over all lands within the wetlands' edge, as depicted on the Plat, for purposes of enforcing the provisions of Article XXXVIII of this Declaration of Restrictions.
E. Declarant also hereby reserves the following easements:(1) over the northerly five (5) feet of Lot 16, and the southerly five (5) feet of Lot 17 for:
(a) Declarant’s ingress and egress to Meadow Wood Park, solely for purposes of maintenance of that park and enforcement of these Restrictions; and
(b) for installation and maintenance of a storm sewer by the Ingham County Drain Commissioner;(2) over the northerly ten (10) feet of Lot 21 and over that portion of Meadow Wood Park lying between Lots 16 and 17 for installation and maintenance of a storm sewer by the Ingham County Drain Commissioner;
(3) over the portion of Pine Hollow Lake Park North lying south of Lot 1 for the following purposes:(a) Declarant’s access to Pine Hollow Lake Park North and Pine Hollow Lake for purposes of maintenance and for enforcement of these Restrictions;
(b) installation and maintenance of a well and pump and associated electrical fixtures, apparatus and equipment and construction and maintenance of a spillway to Pine Hollow Lake Park North and Pine Hollow Lake; and
(c) installation and maintenance of an aerator and/or fountain in Pine Hollow Lake and associated electrical fixtures, apparatus and equipment; and
(d) construction and maintenance of an entrance sign and associated electrical fixtures, apparatus and equipment;
(4) over the westerly twenty-five (25) feet of the southerly five (5) feet of Lot 1 and the easterly twenty-five (25) feet of the southerly fifteen (15) feet of Lot 15 for the construction and maintenance of entrance signs and associated electrical fixtures, apparatus and equipment; and
(5) over a ten (10) foot wide strip of land across Lot 14, the centerline of which is described as beginning forty (40) feet on the southerly line of Lot 14 from the southwest corner of Lot 14, thence northwesterly to a point on the western line of Lot 14 sixty (60) feet from the southwest corner of Lot 14, for the purposes described in paragraph A of this Article.
All easements reserved by Declarant in this subparagraph(E) 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.F. 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. Pine Hollow Lake and Pine Hollow Lake Park. Pine Hollow Lake Park contains a body of water which is part of a larger body of water. The portions of this body of water extending beyond the boundaries of Pine Hollow Lake Park are herein referred to as the “Extended Lake”, such definition to include Pine Hollow Lake. Declarant is presently the owner of the Extended Lake. Declarant hereby grants to all owners of lots within the Plat, who by any of the terms of these Restrictions are entitled or permitted to use the body of water in Pine Hollow Lake Park and Pine Hollow Lake, a license to use the Extended Lake upon the following terms:
1. The license shall be irrevocable and perpetual.
2. Use of the Extended Lake shall conform to rules and regulations established from time to time by the owner(s) of the Extended Lake, 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 for this Plat and the Prior Plats pertaining to the use of Pine Hollow Lake and Pine Hollow Lake Park, respectively, shall apply to the use of the Extended Lake.
3. Use of the Extended Lake 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 Lake between the owner(s) thereof and any governmental authority.
4. The configuration of the Extended Lake shall be determined by Declarant and may be altered from time to time as Declarant deems necessary or appropriate.
5. Use of the Extended Lake shall only extend to the body of water itself, and shall not extend to any portion of the land abutting the body of water, or any inlet, channel, tributary or stream.
6. Use of the Extended Lake is hereby granted to owners of lots in this Plat only for as long as they are otherwise entitled to use Pine Hollow Lake and the body of water in Pine Hollow Lake Park under the terms and conditions of these Restrictions.B. Extensions of Meadow Wood Park and Pine Hollow Lake Park North. Anticipating that future plats in Contiguous Lands may contain parks abutting Meadow Wood Park and/or Pine Hollow Lake Park North, Declarant 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 Meadow Wood Park and Pine Hollow Lake Park North upon the following terms and conditions:
1. The license shall be irrevocable and perpetual.
2. Use of Meadow Wood Park and Pine Hollow Lake Park North shall be subject to the same limitations and conditions contained in these Restrictions, as amended, imposed upon owners of lots in this Plat who are entitled to use either Meadow Wood Park or Pine Hollow Lake Park North.C. Meadow Wood Lake. Declarant hereby grants to the owners of Lot 15 of this Plat and Lots 31 and 32 of the First Plat an irrevocable and perpetual license to use Meadow Wood Lake, which use shall be subject to the following restrictions, and others hereafter imposed by Declarant upon the platting of lands encompassing Meadow Wood Lake, as thereafter may be amended by Declarant, and subject to such encumbrances as may be created by Declarant in any public body or authority, as determined necessary by Declarant:
1. Access to Meadow Wood Lake shall be from the owner’s lot;
2. Docks shall conform to all requirements and limitations imposed under paragraph F of Article XXIX pertaining to the Lake Parks;
3. Use of Meadow Wood Lake shall be subject to the same requirements and limitations imposed under paragraph D (4) of Article XXIX for the Lake Parks;
4. Use of Meadow Wood Lake shall be by permit and shall be subject to the permit provisions of paragraph G of Article XXIX;
5. All rights reserved to Declarant under paragraph H of Article XXIX shall pertain to Meadow Wood Lake; and
6. the provisions of paragraph I of Article XXIX shall be deemed to apply to the administration of these restrictions pertaining to Meadow Wood Lake.D. Pine Hollow Lake. Inasmuch as Pine Hollow Lake is not a part of any recorded plat, Declarant hereby grants to all owners of lots in this Plat, entitled by the provisions of these Restrictions to use Pine Hollow Lake, and to all owners of lots in Prior Plats and in future plats in Contiguous Lands who, by the provisions of the restrictive covenants of such plats, are entitled to use the Lake Parks, a license to use Pine Hollow Lake. This license shall be irrevocable and perpetual, but shall be subject to all terms and conditions of these Restrictions, as amended, and any restrictive covenants of the Prior Plats, as amended, and any restrictive covenants of any future plats, as amended, pertaining to the use of the Lake Parks.
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.
Special Restrictions for Lots 1, 2, 7, 8, and 15-21
Unless otherwise approved by the Michigan Department of Natural Resources, the owners of Lots 1, 2, 7, 8 and 15-21, inclusive, shall not place any fill material, or excavate within the wetlands' edge, as depicted on the Plat. The owners of such lots shall also not build or place any structure or remove soil on portions of those lots within the wetland’s edge as depicted on the Plat without the consent of Declarant.
Article XXXIX.
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 XL.
Duration, Termination and Amendment
These restrictions shall remain in effect until January 1, 2018 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 fourteen (14) 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 two-thirds (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 C and D 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 35 of the First Plat; Lots 36 through 47 of the Second Plat; Lots 1, 2, 4, 7, 8 and 15 of this 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.
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Executed at East Lansing, Michigan.
WITNESSES:
Whitehills Development Corporation, a
Michigan corporation
SS/ Daniel L. Hill
By: SS/ Albert A. White_____________
Daniel L. Hill
Albert A. White
Its President
SS/ Judith A. Goudie
and SS/ Ronald W. Clark
Judith A. Goudie
Ronald W. Clark
Its Vice-President
STATE OF MICHIGAN )
) ss.
COUNTY OF INGHAM )
This foregoing was acknowledged before me this 14th day of January, 1988, by
Albert A. White and Ronald W. Clark, the President and Vice-President,
respectively, of Whitehills Development Corporation, a Michigan corporation,
on behalf of the corporation.
SS/ Judith A. Goudie
Judith A. Goudie
Notary Public , Ingham County, Michigan
My commission expires: 5/8/91
This instrument prepared by:
Douglas J. Austin
Fraser Trebilcock Davis & Foster, P.C.
1000 Michigan National Tower
Lansing, MI 48933