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DECLARATION
OF RESTRICTIONS (This is NOT a legal document -- it is for general information only) WHEREAS, the
undersigned, STEPHEN GRAND as Trustee of the STEPHEN GRAND REVOCABLE INTER-VIVOS
TRUST under Agreement Dated September 15, 1988, whose address is 4850 Coolidge
Highway, Royal Oak, Michigan 48073-1023 (hereinafter referred to as
"Declarant") is the owner in fee simple of the lands hereinafter
described, and hereinafter referred to as the "Subdivision", desires
to create a planned community with private park (s), called "Common
Area" for the benefit of all of the residents of the Subdivision, which is
located in the City of Novi, County of Oakland, State of Michigan on real
property more particularly described as follows: Lots
1 through 115, inclusive, of Chase Farms Subdivision, a part of the Southwest
Quarter of Section 35, Town 1 North, Range 8 East, City of Novi, Oakland County,
Michigan, according to a plat thereof as recorded in Liber 213 of Plats, Pages 4
through 14 , Oakland County Records. WHEREAS,
Declarant desires to provide for the preservation and enhancement of the
property values and amenities in the Subdivision (and in all contiguous
subdivision(s) it may elect to develop in it’s sole discretion) and for the
maintenance of the Common Area, and to this end desires to subject the
Subdivision and the Common Area to the covenants, restrictions, easements,
charges and liens hereinafter set forth, each and all of which is and are for
the benefit of the Subdivision and each owner of a Lot therein; and WHEREAS,
Declarant has deemed it desirable, for the efficient preservation of the values
and amenities in the Subdivision, to create a legal entity to own, maintain and
administer the Common Area and facilities that may be constructed thereon, the
subdivision signs, entrances, including without limiting the generality thereof,
plantings, shrubs, trees, sprinkling systems if any within any right-of-way or
cul-de-sac, entrance walls or monuments, interior walks or bike paths, street
lighting, if any, and to maintain and preserve any wetlands and woodlands, and
to collect and disburse the assessments and charges hereinafter created, for
such purposes and to pay its proportionate share for maintenance and insuring
certain "Border" property, and to promote the recreation, health,
safety and welfare of the residents; and NOW,
THEREFORE, in consideration of the mutual benefits to be derived by the
undersigned, its successors and assigns, and all intending purchasers, and
future Owners of the various Lots comprising the Subdivision, the undersigned
Declarant for itself, its successors and assign does hereby publish, declare and
make known to all intending purchasers and future Owners of the various Lots
comprising the Subdivision, that the same will and shall be used, held, and/or
sold expressly subject to the following conditions, restrictions, covenants and
agreements which shall be incorporated by reference in all deeds of conveyance
and contracts for the sale of said Lots and shall run with the land and be
binding upon all grantees of individual Lots in the Subdivision and on their
respective heirs, personal representatives, successors and assigns. ARTICLE
I - DEFINITIONS A.
"Association"
shall mean and refer to the Chase Farms Subdivision Association, a Michigan
Non-Profit Corporation, its successors and assigns. B.
"Owner"
shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot which is a part of the Subdivision
and any future subdivisions hereafter annexed, or the land contract purchaser
thereof, but excluding those having any interest merely as security for the
performance of an obligation. C.
"Common Area"
shall mean those areas of land within a future phase of a Chase Farms
Subdivision (including the improvements thereto) now or hereafter owned by the
Association for the common use and enjoyment of the Owners and shall also
include, without limiting the generality thereof, plantings, shrubs, trees and
sprinkling systems within any right of way or cul-de-sac, entrance walls or
monuments, interior bike paths and walks, subdivision signs, street lighting, if
any, and other improvements as may be provided from time to time.. The Common
Area to be owned by the Association shall be all areas designated on the plat as
it now exists or as it may from time to time be modified or extended, as parks
or park areas and all other areas designated on the plat, if any, as common
areas. D.
"Lot"
shall mean and refer to any numbered lot shown on the recorded plat of the
subdivision and any future subdivisions hereafter annexed. E.
"Declarant"
shall mean the individual or entity executing these Deed Restrictions and any
successor or assign. F.
"Declaration"
shall mean and refer to this Declaration of Restrictions, as recorded in the
office of the Oakland County Register of Deeds, State of Michigan. G.
"Member"
shall mean and refer to those persons entitled to membership in the Association,
as provided in this Declaration. H.
"Committee"
shall mean the architectural control Committee appointed and maintained in
accordance with Article II hereof. I.
"Flood Plain"
shall mean that area designated on the recorded plat of Chase Farms Subdivision
identified as a flood plain or flood plain area. If the 100 year flood plain
area depicted in any such plat is revised by the United States Army Corp of
Engineers and the Michigan Department of Natural Resources, to remove such area
from the 100 year flood plain, such property may be used for future development. J.
"Wetlands"
shall mean that area described within a recorded plat of a Chase Farms
Subdivision and identified within such plat as a wetland. K.
"Woodlands"
shall mean that area within a recorded plat of a future phase of a Chase Farms
Subdivision identified as a woodland area. L.
"Phase"
shall mean a contiguous platted subdivision(s) and such common areas and
improvements within such subdivision, as Declarant in it’s sole discretion may
elect to make subject to the covenants and restrictions, easements, charges and
liens of this Declaration as hereinafter set forth. M.
"Border Property"
is defined as adjoining land lying between the westerly boundary of the
subdivision and the centerline of the Middle Rouge River, ARTICLE
II - ARCHITECTURAL CONTROL No
house, building, fence, wall, deck, swimming pool, outbuilding or other
structure, landscaping or exterior improvement shall be constructed, erected or
maintained on any Lot, nor shall any exterior addition to or change or
alteration therein or change in the exterior appearance thereof or change in
landscaping be made until the plans and specifications showing the nature, kind,
size, shape, height, colors, materials, topography and location of the same on
the Lot shall have been submitted to and approved in writing by the
Architectural Control Committee (the "Committee") composed of three
(3) persons appointed by the Declarant. Each member of the Committee shall serve
for a period of one (1) year, or until replaced by a subsequent appointee. A.
Plans and specifications for final approval by the Committee shall include the
following:
B.
Preliminary plans may first be submitted for preliminary approval. C.
No approval by the Committee shall be valid if the structure or improvement
violates any of the restrictions set forth in Article III and IV of this
Declaration, except in cases where waivers have been granted as provided for in
the said Articles. D.
The Committee may disapprove plans because of noncompliance with any of the
restrictions set forth in Articles III through VI of this Declaration, or
because of reasonable dissatisfaction with the grading and drainage plan, the
location of the structure on the Lot, the materials used, proportions, shape,
the color scheme, the finish, design, height, style, repetition, or
appropriateness of the proposed improvement or alteration or because of any
matter or thing, which in the reasonable judgment of the Committee, would render
the proposed improvement or alteration inharmonious or out of keeping with the
objectives of the Committee or with improvements erected on other Lots in the
Subdivision. All owners, by accepting ownership of their Lot, acknowledge that
the primary purpose for providing for architectural control is to insure the
proper and harmonious development of the Subdivision in order to maximize the
aesthetic beauty of the Subdivision and its blending with the surrounding area.
To this end, Declarant or the architectural control Committee, as the case may
be, shall be deemed to have broad discretion in terns of determining what
dwellings, fences, walls, hedges, structures or improvements will be permitted
and are in keeping with the aesthetic beauty and desirability of the subdivision
and are otherwise consistent with the purposes of these Restrictions. E.
In the event the Committee fails to approve or disapprove plans within thirty
(30) days after submission, then such approval will not be required, but all
other limitations, conditions and restrictions set forth in this Declaration
shall apply and remain in force as to such plans. F.
Committee approval shall be deemed given if the plans and specifications
submitted for approval are marked or stamped as having been finally approved by
the Committee, and are dated and signed by two (2) members for the Committee who
were validly serving on the Committee on the date of such approval. G.
In no event shall either Declarant or the Committee have any liability
whatsoever to anyone for their approval or disapproval of plans, drawings,
specifications, elevations or the dwellings, fences, walls, hedges or other
structures subject thereto, whether such alleged liability is based on
negligence, tort, express or implied contract, fiduciary duty or otherwise. By
way of example, neither Declarant nor the Committee shall have liability to
anyone for approval of plans, specifications, structures or the like which are
not in conformity with the provisions of this Declaration, or for disapproving
plans, specifications, strictures or the like which arguably are in conformity
with the provisions hereof. .In addition, the Committee shall not be required to
pass upon any technical aspects of construction or whether construction meets
zoning, building code or safety requirements. The Committee's approval shall
merely mean that the plans are in compliance with the intent and purpose of
these restrictions and shall not be construed as to imply that the Committee has
passed upon any other aspects of the plans, nor shall such approval imply that
the building plans or specifications comply with zoning, building codes, safety
requirements or regulations. H.
At the time that plans are submitted for approval, the party submitting the
plans shall pay Declarant the sum of Two Hundred Fifty and 00/100 ($250.00)
Dollars to defray the costs of architectural control activities. I.
At such time as all of the Lots in the subdivision are sold by Declarant and
dwellings are erected thereon, or at such earlier time as Declarant may, in its
sole discretion, elect, Declarant may assign, transfer and delegate
architectural control responsibilities to the Association or to any other party
or entity. At that time, the Association or such other party or entity shall
become responsible for electing or appointing the Committee members and
Declarant shall have no further responsibilities or duties. ARTICLE
III - BUILDING AND USE RESTRICTIONS FOR THE SUBDIVISION A.
Use of Lots.
All Lots shall be used and occupied for single family residence only, and no
building of any kind whatsoever shall be erected, re-erected, moved or
maintained thereon except one single family dwelling house and appurtenant
buildings on each Tots, as hereinafter provided. Such dwelling house shall be
designed and erected for occupation by a single private family. A private
attached side or rear entrance garage for the sole use of the respective Owner
or occupant of the Lot upon which said garage is erected may also be erected and
maintained. The requirement that garages have a side or rear entrance may be
waived by the Declarant pursuant to Article XI (D) and upon the criteria set
forth therein. B.
Character and Size of Buildings.
No plan for any dwelling will be approved unless the proposed dwelling has the
minimum square footage required from time to time by the City of Novi. In
addition, the dwelling must have a minimum of the following square footages: for
a one story dwelling (e.g. ranch) -.a minimum living main floor area of 2,000
square feet; for a two story dwelling - a minimum livable floor area of 1,400
square feet on the first floor and a total minimum livable floor area of 2,400
square feet; and for a tri-level dwelling (one in which there are two stories
adjacent to one another) - a minimum livable floor area on the main or ground
floor of 2,200 square feet. All computations of livable floor area for
determination of the permissibility of erection of a residence shall be
exclusive of garage, porches, or terraces. All garages must be attached and
architecturally related to the dwelling. Garage doors shall not face the street
on which the residence fronts, except that the Committee upon request ray waive
in it’s sole discretion this prohibition. No garage shall provide space for
less than two (2) automobiles nor more than three (3) automobiles. Carports are
specifically prohibited. C.
Minimum Yard Requirements.
No building on any Lot shall be erected nearer than:
No
building on any Lot shall be erected farther than thirty (30) feet from the
front Lot line. Approval
of a variance by both the Committee and the City of Novi Board of Appeals
permitting front, rear or side yards smaller or greater than the above shall be
deemed a valid waiver of this Restriction. In the event that the City of Novi
shall, at any time, require yard areas larger than those above specified, then
in such event all dwellings shall comply with the requirements of the City of
Novi. No variance, however, shall be effective unless it is also agreed to in
writing by the Committee. D.
Minimum Width.
The minimum dwelling width shall be subject to the discretion of the Committee,
which shall attempt to maintain uniform standards throughout the subdivision. E.
Animals. No
farm animals, livestock or wild animals shall be kept, bred or harbored on any
Lot, nor shall any animals be kept or bred for commercial purposes. Domestic
animals commonly deemed to be household pets may be kept by the Owner and
members of his household so long as such pets shall have such care so as not to
be objectionable or offensive to others. In no event shall more than two (2)
dogs be kept or harbored on any lot. Any
dog kept by a resident on his premises shall be kept on a leash or in a dog run
or pen, and shall not be allowed to run loose or unattended. No dog runs or pens
shall be permitted to be erected or maintained unless located within the rear
yard (only) adjacent to a wall of the main dwelling or garage and facing the
rear or the interior of the Lot, nor shall such runs or pens extend beyond the
end of the dwelling or garage into the side yard. Written permission for such
dog run(s) must be obtained from the Architectural Control Committee. F. Fences, Walls, Hedges, Etc. No fence, wall or hedge of any kind shall be erected or maintained on any Lot without the prior written approval of the Committee. No fence, wall or hedge shall be maintained or erected which blocks or hinders vision at street intersections. No chain link fence shall be permitted. No fence, wall or hedge shall be erected, grown or maintained in front of or along the front building line of a Lot. G.
Easements. 1.
Easements for the installation and maintenance of utilities, underground
television cable, sewer lines,
water mains, drainage lines, surface drainage swales, or any other improvements
which would serve the residents of the Subdivision, as established by Declarant,
its successors and assigns, are shown on the recorded plat. The use of all or a
part of such easements may at any time or times hereafter be granted or assigned
by Declarant, its successors or assigns, to any person, firm, corporation,
governmental unit or agency which furnishes such service.- or utilities 2.
A permanent easement is established by Declarant, on and upon the rear and side
set back areas of lots 1 and 50 of Chase Farms Subdivision by Declarant for
placement of subdivision identification sign(s). Further, Declarant reserves, if
permitted by the City of Novi, the right to erect within the island located at
the entrance immediately closest to Eight Mile Road for purposes of erecting and
maintaining signs identifying the subdivision(s). All signs shall comply with
the ordinances of the City of Novi. 3.
No buildings may be constructed or maintained over or on any easements; however,
after the aforementioned utilities have been installed, planting, fencing (where
permitted), or other Lot line improvements shall be allowed, so long as they do
not violate the provisions of this Article and do not interfere with, obstruct,
hinder, or impair the drainage plan of the subdivision and so long as access be
granted, without charge or liability for damages, for the installation and/or
maintenance of the utilities, drainage lines and/or additional facilities; and
provided as to lots 1 and 50 of Chase Farms Subdivision such plantings and
shrubs do not interfere with the visibility or maintenance of signs placed
within such areas by Declarant. 4.
Private easements for public utilities have been granted and reserved on the
plat of the Subdivision. H.
Wells. No well
shall be dug, installed or constructed on any Lot. I.
Temporary Structures.
Trailers, tents, shacks, sheds, barns, or any temporary buildings of any
description whatsoever, are expressly prohibited and no temporary occupancy
shall be permitted in unfinished residential buildings. However, the erection of
a temporary storage building for materials and supplies to be used in the
construction of a dwelling by a licensed builder, and which shall be removed
from the premises upon completion of the building may be permitted, upon prior
written permission from the Declarant. J.
Sales Agency and/or Business office.
Notwithstanding anything to the contrary elsewhere set forth herein, Declarant
and/or any builders which it may designate, may construct and maintain a sales
agency and a business office upon any Lots which they may select, or may use a
model house for such purposes, and Declarant and such designated builders may
continue to do so until such time as all of the Lots in which Declarant or such
designated builders have an interest are sold by them. K.
Lease Restrictions. No
owners of any Lot shall lease and/or sublet less than the whole of any dwelling
on any Lot. L.
Exterior Surface of Dwellings.
The visible exterior walls of all dwelling structures shall be made of wood,
brick, brick veneer and/or stone in any combination. Stucco, aluminum and/or
ledge rock may also be used, so long as any of these materials alone or in
combination do not exceed fifty percent (50%) of the total of all visible
exterior walls. The use of cement block, slag, cinder block, imitation brick,
asphalt and/or any type of commercial siding is expressly prohibited. Windows
and doors shall not be included in calculating the total area of visible
exterior walls. The Committee may grant such exceptions to this restriction as
it deems suitable in it’s discretion. M.
Signs. No sign
or billboard shall be placed, erected, or maintained or. any Lot, except one
sign advertising the Lot, or the house and Lot for sale or lease, which said
sign shall have a surface of not more than five (5) square feet, and the top of
which shall not be more than three (3) feet above the ground; provided, however,
that such sign shall have been constructed and installed in a professional
manner. Any such sign shall be kept clean and in good repair during the period
of its maintenance on the side Lot, and shall in no event be placed and
maintained nearer than twenty-five (25) feet from the front Lot line. The
provisions of this paragraph shall not apply to such signs as may be installed
or erected on any Lot by Declarant, or any builder which it may designate during
the initial period of construction of houses, or during such periods as any
residence is used as a model or for display purposes. N.
Destruction of Building by Fire, etc.
Any debris resulting from the destruction in whole or in part of any dwelling or
building on any Lot shall be removed with all reasonable dispatch from such Lot
in order to prevent an unsightly condition. 0.
Landscaping.
Upon the completion of a residence on any of the Lots, the Owner thereof (and
the word "owner", as used in this connection, is intended to mean the
party who purchases a residence from the builder thereof, and each subsequent
purchaser), shall cause the Lot owned by him to be finish-graded and seeded or
sodded and suitably landscaped as soon after the completion of constriction as
weather permits. The Lot and the drainage ditch, if any, contiguous to each Lot
shall be kept free of weeds by the Owner thereof. All landscaping and lawns
shall be well maintained at all times. P.
Driveways. All
driveways shall be constructed of concrete or concrete with paving brick unless
the Committee shall approve an alternate paving material. The initial plans,
submitted to the committee in accordance with Article II hereof, shall designate
the location of the driveway and the building materials to be used for approval
by the Committee. Q.
General conditions. 1.
No Lot shall be used or maintained as a dumping ground for rubbish, trash,
garbage or other waste and the same shall not be kept except in sanitary
containers properly concealed from public view. Garbage containers shall not be
left at the road for more than twenty-four (24) hours in any one week. 2.
No house trailers, commercial vehicles, boat trailers, boats, camping vehicles
or camping trailers nay be parked on or stored on any Lot, unless stored fully
enclosed with an attached garage. Commercial vehicles and trucks shall not be
parked in the Subdivision, or on any Lot therein, except while making normal
deliveries or pickups in the normal course of business. However, a construction
trailer may be maintained by each builder offering new houses for sale, only
during the period when new houses are under construction in the Subdivision by
that builder. 3.
No laundry shall be hung for drying in such a way as to be visible from the
street on which the dwelling fronts, and in the case of corner Lots, such
laundry shall not be hung so that it will be visible from the streets on which
the dwelling fronts and sides. 4.
All homes shall be equipped with electric garbage disposal units in the kitchen. 5.
The grade of any Lot or Lots in the Subdivision may not be changed without the
written consent of the Committee. This restriction is intended to prevent
interference with the water drainage plans for the Subdivision. 6.
No "through the wall" air conditioners may be installed on the front
wall or in any front window of any building. 7.
No outside compressors for central air conditioning units may be located other
than in the rear yard and must be installed and maintained in such a manner so
as to create no nuisance to the residents of adjacent dwellings. 8.
No swimming pool may be built which is higher than one (1) foot above the
existing Lot grade. No above ground swimming pools shall be erected or
maintained on any Lot. 9.
No basketball backboards or hoops may be installed or placed on any Lot in such
a manner as to be visible from the street on which the dwelling fronts, and in
the case of corner Lots, such basketball backboards or hoops shall not be
installed or placed so that they will be visible from the streets on which the
dwelling fronts and sides. 10.
All Lots in the Subdivision shall be used exclusively for single family
residential purposes. Except as specifically permitted herein, no structure
shall be erected, altered, placed or permitted to remain on any Lot other than
one (1) single family dwelling not to exceed two and one-half (2 1/2) stories in
height, which may include an attached garage. 11.
No part of any dwelling or other structure shall be used for any activity
normally conducted as business. 12.
No Lot shall be subdivided, except with the written consent of Declarant in
compliance with local ordinance and the Subdivision Control Act. 13.
No outside television antenna or other antenna or aerial, saucer or similar
device shall be placed, constructed, altered or maintained on any Lot or any
home constructed thereon, unless the Committee or the Declararant determines, in
their sole discretion, that the absence of any such device creates a hardship
with respect to a particular Lot. 14.
It shall be the responsibility of each Lot Owner to prevent the occurrence of
any unclean, unsightly, or unkempt condition of buildings or grounds on each
Owner's Lot. No lawn ornaments, sculptures or statues shall be placed or remain
on any Lot without the prior written permission of the Committee or the
Declarant. 15.
No noxious or offensive activities shall be carried on upon any Lot, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance
or nuisance to the neighbor. 16.
No Lot shall be subdivided, or its boundary lines changed, except with the
written consent of the Committee or Declarant in compliance with local ordinance
and the Subdivision Control Act. However, Declarant hereby expressly reserves
the right to replant any two (2) or more Lots shown on the plat or preliminary
plat of the Subdivision according to Section 560.104(a) of the Subdivision
Control Act, in order to create a modified building Lot or Lots and to take such
other steps as are reasonably necessary to make such re-platted Lots suitable or
fit as building sites to include, but not be limited to, the relocation of
easements, walk-ways and right-of-ways to conform to the new boundaries of said
re-platted lot. 17.
Declarant hereby expressly reserves to itself the right to re-plat any two (2)
or more Lots shown on the plat or any preliminary plat of the Subdivision
according to Section 560.104(a) of the Subdivision Control Act, in order to
create a modified building Lot or Lots and to take such other steps as are
reasonably necessary to make such re-platted Lots suitable and fit as a building
site to include, not be limited to, the relocation of easements, walk-ways, and
right-of-ways to conform to new boundaries of said re-platted Lot. Anything
contained herein to the contrary notwithstanding, no building and use
restriction contained in this Article shall be deemed to limit the authority,
control and power of the Committee with respect to its right to approve plans
for construction on Owners' Lots. ARTICLE
IV - PRESERVATION OF WOODLAND AREAS The
restrictions and limitations of this Article shall only apply to future phases
of Chase Farms Subdivisions where areas are depicted as Woodlands and designated
as such within a recorded plat of a Chase Farms Subdivision. A.
Tree Protection.
No standing, living deciduous or evergreen tree within the woodlands area shall
be removed or deliberately damaged or destroyed. B.
Development. No
building, outbuilding, addition, deck, patio, swimming or wading pool, tennis
court or other improvement or development of any kind shall be permitted within
a designated woodland preservation area, except in compliance with the
ordinances of the City of Novi. C.
Maintenance.
Nothing contained in this Article shall be construed to limit or prohibit within
the woodlands area the removal of brush and scrub growth, the regular trimming,
pruning and maintenance of the trees, the removal of diseased or dying trees or
the trimming or removal of trees which could or might reasonably be expected to
cause injury to persons or property in compliance with the ordinances of the
City of Novi. D.
Section 7.01 of Ordinance No. 86-125 provides as follows:
Permitted Activities. Notwithstanding the prohibition of Section 6.01, the
following activities are permitted within Woodlands areas without a Use Permit,
unless otherwise prohibited by statute or ordinance: 1.
The trans-planting of a tree on a small tract within the designated Woodlands
Area; 2.
The removal of a tree with d.b.h. of less than eight (8) inches on a small tract
where a valid certificate of occupancy has been issued; 3.
The removal or trimming of diseased and/or damaged trees or other woody
vegetation, provided that the damage resulted from an accident or nonhuman
cause, and provided further that the removal of trimming is accomplished through
the use of standard forestry practices and techniques; 4.
Conservation of soil, vegetation, water, fish, wildlife and other natural
resources; 5.
Outdoor recreation, including play and sporting areas, field trails for nature
study, hiking and horseback riding, boating, trapping, hunting and fishing where
otherwise legally permitted and regulated; 6.
Grazing, farming, gardening, harvesting of crops, forestry and nursery
practices, where otherwise legally permitted, and where compatible with the
individual woodland ecology and not in conflict with the standards contained in
Section 10.01; 7.
The operation and maintenance of existing dams and other water control devices,
if in compliance with all applicable statutes and ordinances; and 8.
The installation of driveways and. roads where alternative means of access are
proven to be impractical. E. Waiver. The restrictions and limitations of this Article may be waived in whole or in part by the Committee in appropriate cases, in the sole judgment of the Committee, so long as the granting of such waiver does not substantially change the character of the Woodlands Areas and does not violate the City of Novi Woodland Ordinances and that all necessary approvals and use permits are obtained from the City of Novi. Removal
of Trees in Non-Woodland Areas Anything contained herein to the contrary notwithstanding, no trees measuring six (6) inches or more in diameter at ground level may be removed (even if such a tree is located outside of a designated Woodlands Area) without the written approval of the Committee, and a plan for preservation of trees in connection with the construction process is delivered to the Committee prior thereto. It shall be the responsibility of each Lot owner to maintain and preserve all large trees on the Owner's Lot, which responsibility includes welling trees, if necessary. Provided, however, no permission shall be necessary for the removal of trees which fall within the area being used for the construction of a home which shall include all areas within ten (10) feet of the outer walls of a home and the areas within a driveway, utility easements or rights-of-way.
ARTICLE
V - BUILDINGS AFFECTED BY FLOOD PLAIN A.
Location of Flood Plain.
The 100-year flood elevation of the Middle Rouge River varies within the plat of
chase Farms Subdivision from 834.0 N.G.V. datum, at the Nine Mile Road Crossing
to 824.8 at the upstream side of Old Novi Road. No filling or occupation of the
Flood Plain shall take place without prior written approval from the Michigan
Department of Natural Resources. The Flood Plain restrictions contained herein
are to be observed in perpetuity, excluded from any time limitations set forth
in the Declaration, and may not be amended. B.
Residences Within the Areas Affected by Flood Plains.
Any building used or capable of being used for residential purposes and
occupancy within or affected by a flood plain shall: 1.
Be located on a Lot having a minimum buildable site of 3,000 square feet of its
area at its natural grade above the elevation of the contour defining the flood
plain limits. This requirement may be waived if the building is to be elevated
on stilts or similar design to provide an open area above ground level and if
the requirements of the subdivision (c) of Section 194 of the act and Sections
21, 3, 4, 5a and 5b of the Act No. 245 of the Public Acts of 1929, as amended,
being sections 323.2a, 323.3, 323.4, 323.5a and 323.5b of the Michigan Compiled
Laws, are met. 2.
Be served by streets within the proposed subdivision having surfaces not lower
than one (1) foot below the elevation of the contour defining the flood plain
limits. 3.
Have lower floors, excluding basements, not lower than the elevation of the
contour defining the flood plain limits. 4.
Have openings into the basement not lower than the elevation of the contour
defining the flood plain limits. 5.
Have basement walls and floors, below the elevation of the contour defining the
flood plain limits, watertight and designed to withstand hydrostatic pressures
from a water level equal to the elevation of the contour defining the flood
plain limits following methods and procedures outlined in Chapter 5, type A
construction and Chapter 6 for class 1 loads 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 show typical foundation drainage and waterproofing details. This
document is available, at no cost, from the Department of Natural Resources,
Land and Water Management Division, Steven T. Mason Building, P.O. Box 30028,
Lansing, Michigan 48909, or Department of the Army, Corps of Engineers,
Publications Depot, 890 S. Pickett, Alexandria, Virginia 22304. 6.
Be equipped with a positive means of preventing sewer backup from sewer lines
and drains which serve the building. 7.
Be properly anchored to prevent flotation. ARTICLE
VI - WETLANDS No building, structure, or addition, deck, patio, swimming, or wading pool, tennis court or other improvement or development of any kind shall be permitted within a designated Wetland area, as depicted within a recorded plat of a Chase Farms Subdivision. The
Wetlands area may only be used for passive recreational uses such as hiking and
nature study and for installation and/or repair of improvements and utilities to
the Subdivision as the Michigan Department of Natural Resources may allow. The
Wetlands are to remain substantially in their natural condition, unless the
designation of the Wetlands area is ever altered by the Michigan Department of
Natural Resources. ARTICLE
VII - HOMEOWNERS ASSOCIATION RIGHTS AND RESPONSIBILITIES A.
Establishment of Non-Profit Corporation. There is hereby established an association of
Owners to be known as the CHASE FARMS SUBDIVISION HOMEOWNER'S ASSOCIATION. Such
Association shall be organized as soon as practicable after the recording of
these Deed Restrictions. The Association shall be organized as a nonprofit
corporation for a perpetual term under the laws of the State of Michigan and
shall have such powers as are enumerated in this Declaration as well as those
set forth in the corporate By-Laws for the Association. B.
Dedication of Common Area.
Declarant agrees to dedicate and convey to the Association for the benefit of
each Owner of a Lot in the Subdivision(s) a right and easement of enjoyment in
and to any Common Area (in the event that a Common Area is established) and any
facilities and improvements located thereon, if any, when the same shall be so
designated and hereby agrees that it will convey the Common Area to the
Association free and clear of all liens and encumbrances within ninety (90) days
of the recording of any plat which shows a designated Common Area. Title to the
Common Area (if and when established) shall vest in the Association subject to
the rights and easements of enjoyment in and to such Common Area by the Owners.
Said easement of enjoyment shall not be personal, but shall be considered to be
appurtenant to the Lots and shall pass with the title to the Lots whether or not
specifically set forth in the deeds of conveyance of the Lots. Any
Owner may delegate, in accordance with the By-Laws, his right of enjoyment to
the Common Area and facilities to the members of his family, his tenants, or
purchasers who reside on his Lot. Declarant
reserves to itself in any conveyance of common area(s) all gas, oil and excel
rights if it so elects in its' sole discretion. C.
Association Property Rights - Common Area. The right and easement of enjoyment of each owner
in and to the Common Area shall be subject to the following prior rights of the
Association. 1.
The rights of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members. No such
dedication, grant or transfer shall be effective unless an instrument agreeing
to such dedication, grant or transfer signed by two-thirds (2/3rds) of the
members entitled to vote has been recorded. 2.
The right of the Association to levy assessments, as set forth in Section E
hereof. D.
Membership and Voting Rights.
1.
Every owner of a lot in the Subdivision shall be a mandatory member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership of any lot which is subject to assessment. 2.
The Association shall have two classes of voting membership: Class
A. Class A
members shall be all Owners, with the exception of the Declarant and its
builder/purchasers. Class A members shall have no voting rights until the
following shall occur: (i)
The Class A members of all Chase Farms Subdivision(s) having attained at least
seventy-five (75%) or more of the number of votes of the original Class B
members as hereinafter defined; or (ii)
Four (4) years from the date of recording of the plat of the Subdivision; or (iii)
The date that the Class B members elect in writing to waive the requirements of
D. 2(i) and (ii). Upon
the happening of the first to occur of such events, the Class A members shall be
entitled to one vote for each Lot owned. When more than one person holds an
interest in any Lot, all such persons, collectively shall be members, and the
vote for each such Lot shall be exercised as they determine, provided that in no
event shall more than one vote be cast with respect to any one Lot. Class
B. The Class B
members shall be the Declarant and/or its builder/ purchasers. Class B members
shall be entitled to one vote for each Lot owned. E.
Membership Fees and Purpose.
In order to pay the cost of carrying out its responsibilities hereunder, the
Association shall levy fees, dues or assessments on each Lot in the Subdivision,
whether or not the Lot owner is an active member of the Association, except Lots
owned by Declarant or by a builder prior to occupancy. In no event shall
Declarant or such a builder be obligated to pay fees, dues or assessments to the
Association. All such fees, dues or assessments shall be charged equally to each
Lot, and may be enforced through the lien provided for in Section C of this
Article or by any other lawful rears of collecting debts. The
fees, dues or assessments levied by the Association shall be used exclusively to
promote the recreation, health, safety and welfare of the residents in the
Subdivision and future subdivisions or lots hereafter annexed or added, and in
particular for the improvement and maintenance of the Common Area (s) or
Subdivision entrance-ways now or hereafter owned by the Association, and
facilities thereon, and other property under the control of the Association; for
planting and maintenance of trees, shrubs and grass; for construction, operation
and maintenance of recreational facilities and all other facilities and
improvements; for repair and maintenance of any retention facilities and street
lighting if any; for caring for vacant lots; for providing community services;
and for the protection of the owners; for maintenance and preservation of the
wetlands and woodland areas designated on any Plat of a Chase Farms Subdivision;
for maintenance and repair of any internal sidewalks and/or bike paths, if any;
for maintenance and repair of any sprinkling or irrigation systems serving
common areas and improvements; for payment of its pro rata share for maintenance
and insurance of the Bordering Property; for payment of legal, accounting,
professional fees and insurance; and for such personnel and employees as may be
required to fulfill the obligations herein. Anything
contained herein to the contrary notwithstanding, there shall be no membership
fee due for any Lot until a home is constructed on the Lot and the home is first
occupied by a purchaser. F.
Special Assessments for Capital Improvements. In addition to the annual. assessments authorized
above, the Association may levy against each Owner, in any assessment year, a
special assessment, applicable to that year only, for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction, repair or
replacement of any improvement upon the Common Area and other areas under the
control of the Association, including subdivision entrances, retention ponds,
fixtures and personal property, provided that any such assessment shall have the
assent of two-thirds (2/3rds) of the votes of members who are then entitled to
vote, voting in person or by proxy at a meeting duly called for that purpose. G.
Lien. Any fees,
dues or assessments established by the Association, and any amounts or expenses
incurred in enforcing these restrictions which are reimbursable under Article VI
below, shall constitute a lien on the Lot of each Lot owner responsible for such
fees or expenses. Declarant or the Association, as the case may be, may enforce
the lien by recording appropriate instruments confirming the existence of the
lien and foreclosing the lien by appropriate legal action. In such legal action,
a court of competent jurisdiction shall be empowered to order a sale of the
subject to the lien in order to satisfy the lien. The lien shall be subordinate
and junior to the lien of any first mortgage securing a loan for the acquisition
or improvement of any Lot in the Subdivision. H.
Exempt Property.
All property exempt from taxation by state or local governments and dedicated
for public use shall be exempt from the assessments, charge and lien created
herein. I.
Subordination of the Lien to Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. Sale or transfer of any
lot shall not affect the assessment lien. The sale or transfer of any lot
pursuant to mortgage foreclosure proceedings or a judgment of foreclosure, shall
extinguish the lien of such assessments as to payments which became due prior to
such foreclosure sale but shall not relieve such lot from liability for any
future assessments thereafter becoming due or from the lien thereafter created. J.
Liability of Board Members.
Neither any Member of the Board nor the Declarant shall be personally liable to
any owner, or to any other party, for damage, loss or prejudice suffered or
claimed on account of any act or omission of the Association, the Board, the
Declarant or any other representatives or employees of the Association. K.
Association By-Laws.
Any sale or purchase of a Lot in a Subdivision shall be subject to such by-laws
for the Association as Declarant may hereafter establish, and each Lot Owner
agrees to abide by and observe such by-laws. Until the Association is created,
Declarant shall have the right to modify, amend or supplement the by-laws. When
the Association is created, it may amend or modify the by-laws upon the
affirmative vote of three-fourths (3/4ths) of members then entitled to vote. L.
Failure of Association to Maintain Common Areas; Action by City of Novi.
In the event the Association fails at any time to maintain the Common Areas in
reasonable order and condition, the City of Novi may serve written notice upon
the Association setting forth the specific manner in which the Association has
failed to maintain the Common Areas and such notice shall include a demand that
deficiencies of maintenance be cured within sixty (60) days thereof or such
greater period of time if correction has been undertaken by the Association and
it is proceeding expeditiously. If the condition is not corrected within the
required period, the City of Novi may serve a further notice upon the
Association which shall state the date and place of a hearing to determine if
there has been a failure to maintain the Common Areas, before the City Council
or such other board, body or official to whom the City Council shall delegate
such responsibility, which shall be held within fourteen (14) days of such
notice.
If the conditions set forth in the original notice, or any modification thereof, shall not be cured within such sixty (60) day period or any extension thereof, and the City has held a hearing as set forth above and there has been established the failure of the Association to properly maintain the Common Areas, the City of Novi, in order to prevent the Common Areas from becoming a nuisance, may maintain the same and the reasonable and necessary costs of maintenance shall be assessed against the Owners of the Lots and their respective successors and assigns, which assessment shall be payable in the manner required by the City of Novi. In addition to other methods of collection, the City of Novi shall have the right to place such assessment on the City Tax Rolls of the assessed property.
ARTICLE
VIII - ANNEXATION OF ADDITIONAL LOTS AND/OR COMMON AREA Declarant
reserves the right in it’s ole and absolute discretion at any time or times in
the future to amend this Declaration and by recording such with the Oakland
County Register of Deeds Office to add to it one or more lots or one or more
additional subdivisions of land contiguous and adjacent to the Subdivision,
hereafter developed and platted by Declarant or its assigns. Such Amendment need
only to be signed by the Declarant. Additional ots and/or subdivisions may or
may not contain additional common areas, wetlands, woodlands and/or
improvements. Any such amendment(s) to this Declaration shall provide that the
owners of all of the residential Lots added to the Subdivision or in additional
subdivisions shall be required to be members of the Association and shall be
subject to the covenants, restrictions, easements, charges and liens set forth
herein. Such amendment(s) shall also provide that the common area contained
within the Subdivision and all common areas later added to the Subdivision or
future subdivisions shall be for the benefit and use of all Owners of all Lots
in the subdivisions. Additional common areas may be annexed to the Association
by Declarant without the consent or approval of the Association or of its
members or any Owner. Any common area so added shall be owned and maintained by
the Association in accordance with the terms of these Deed Restrictions.
Annexation by action of the Association shall require the consent of two-thirds
(2/3rds) of its members then entitled to vote. ARTICLE
IX - ASSIGNMENT A.
Declarant hereby reserves the unequivocal right to assign to the Association in
whole or in part, from time to time, any or all of the rights and powers,
titles, easements and estates hereby reserved or given to Declarant herein,
including the right and power to approve or disapprove any use, act, proposed
action, or any other matter or thing. Any such assignment or transfer shall be
made by appropriate instrument in writing, and such assignee shall thereupon
have the same rights and powers, and be subject to the same obligations and
duties as herein given and reserved to and assumed by Declarant in connection
with the rights, powers, and easements so assigned, and such instrument, when
executed by such assignee shall without further act, release said Declarant from
all obligation, duties and liability in connection therewith. B. Declarant hereby reserves the unequivocal right to assign to others in whole or in part, at any time and from time to time, any or all of the rights and powers, titles, easements and estates hereby reserved or given to Declarant herein, including the right and power to approve or disapprove any use, act, proposed action, or any other matter or thing. Any such assignment or transfer shall be made by appropriate instrument in writing and such assignee shall thereupon have the same rights and powers, and be subject to the same obligations and duties as herein given and reserved to and assumed by Declarant in connection with the rights, powers, and easements so assigned, and such instrument when executed by such assignee shall without further act, release said Declarant from all obligations, duties and liability in connection therewith. ARTICLE X - EXEMPTION OF DECLARANT
Nothing
in the Chase Farms Subdivision Declaration of Restrictions shall limit the right
of Declarant to complete excavation, grading limit the right of Declarant to
complete excavation, grading and construction of improvements to any property
within a chase Farms Subdivision or to alter the foregoing or to construct such
additional improvements or facilities as Declarant deems advisable in the course
of development so long as any lot as described in a recorded Plat of Chase Farms
Subdivision remains unsold, or the right to use any structure in the Subdivision
as a model home or real estate sales or leasing office. Declarant need not seek
or obtain Architectural approval of any improvement constructed or placed by
Declarant on any property in the Subdivision owned by Declarant and as to itself
may deviate from or waive, in its sole discretion, any or all of the Covenants
and Restrictions as set forth herein. The rights and any obligations of
Declarant hereunder and elsewhere in these Restrictions may be assigned by
Declarant to any party or entity. ARTICLE
XI - GENERAL PROVISIONS A.
Severability.
Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full
force and effect. B.
Amendment. The
covenants and restrictions of this Declaration shall run with and bind the land,
for a term of twenty (20) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first twenty (20)
year period by an instrument signed solely by the Declarant or by an instrument
signed by not less than ninety (90%) percent of the Lot Owners; and thereafter,
by an instrument signed by not less than seventy-five (75%) percent of the Lot
Owners. Any amendment must be recorded with the Oakland County Register of
Deeds. C.
Assignment or Transfer of Rights and Powers. Any or all of the rights and powers, titles,
easements and estates hereby reserved or given to Declarant, may be assigned by
it to the Association composed of the owners of the properties in the
Subdivision or to any other party or entity. Any such assignment or transfer
shall be made by appropriate instrument in writing, and such assignee shall
thereupon have the same rights and powers, and be subject to the same
obligations and duties as herein given and reserved to and assumed by Declarant
in connection with the rights, powers and easements so assigned, and such
instrument shall without further act release the Declarant from the obligations
and duties in connection therewith. D.
Deviations by Agreement with Declarant. Declarant hereby reserves the right to enter into
agreements with the grantee of any Lot or Lots (without the consent of grantees
of other Lots or adjacent property) to deviate from any or all of the Covenants
set forth in Article III, provided there are practical difficulties or
particular hardships evidenced by the grantee and determined by Declarant in its
sole discretion and any such deviation (which shall be manifested by an
agreement in writing) shall not constitute a waiver of any such Covenant as to
the remaining Lots in Chase Farms Subdivision. E.
If a court of competent jurisdiction shall hold invalid or unenforceable any
part of any Covenant or provision contained in this Declaration, such holding
shall not impair, invalidate or otherwise affect the remainder of this
Declaration which shall remain in full force and effect. F.
Each Owner of a Lot in Chase Farms Subdivision shall file the correct nailing
address of such owner with Declarant and shall notify Declarant promptly in
writing of any subsequent change of address. Declarant shall maintain a file of
such addresses and make the same available to the Association. A written or
printed notice, deposited in the United States Post Office, postage prepaid, and
addressed to any Owner at the last address filed by such Owner with Declarant
shall be sufficient and proper notice to such owner whenever notices are
required in this Declaration. ARTICLE
XII - ENFORCEMENT
Declarant, or the Association, shall have the right at any time or times to proceed at law or in equity against any person violating or attempting to violate any provision contained herein, to prevent or abate such violations, to compel compliance with the terms hereof, to enter upon any land within the Subdivision and correct any condition in and remove any building, structure or improvement erected, installed or maintained in violation of the terms hereof at the Lot Owner's expense, and to recover damages or other dues for any violation. Any such entry shall not constitute a trespass. Declarant may recover against a Lot Owner violating the provisions of this Declaration all reasonable costs incurred by it in enforcing such provisions in any of the foregoing ways, including the cost of removing offending structures and actual attorneys fees and other litigation costs. Failure to enforce any provision contained herein in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. ARTICLE
X1II - LANDS AFFECTED
A.
The covenants, conditions and restrictions set forth herein shall not be binding
upon or affect in any way any property other than the Subdivision. Specifically,
these restrictions shall not apply to or constitute a burden or encumbrance on
any adjacent property, including any adjacent property owned by Declarant,
unless Declarant in its sole discretion elects to make such binding upon same by
appropriate recorded written Amendment. B.
Declarant reserves the right to create one or more subdivisions from the
property adjacent to the Subdivision, or to otherwise develop all or any of such
property. Such subdivisions or developments may be the subject of no
restrictions or of restrictions which are more or less stringent than those set
forth herein. IN
WITNESS WHEREOF, the undersigned, being all of the parties with an ownership
interest in the Lots have caused these presents to be executed on the -1ST day
of 1990. DECLARANT:
Trustee of the STEVEN GRAND REVOCABLE INTER-VIVOS TRUST under Agreement Dated
September 15, 1988 WITNESSETH:
Wendy May STATE
OF MICHIGAN COUNTY OF OAKLAND ss on this 15th day of August, 1990, before me, a
Notary Public in and for said County, personally appeared STEPHEN GRAND as
Trustee of the Stephen Grand Revocable Inter-Vivos Trust under Agreement Dated
September 15, 1988, and acknowledged the aforegoing instrument.
Paula Rose VanLoozen DRAFTED
BY AND WHEN RECORDED RETURN TO:
Robert A. Jacobs, Esq. |