West Bloomfield Pond Subdivision DEED RESTRICTIONS ......tent, shack, storage shed, dog house,...

West Bloomfield Pond Subdivision—DEED RESTRICTIONS

LIBER 7365 PAGE 822 78 125659

NOTE: These Building and Use Restrictions have been retyped, for easier reading, from an

original document that is on file with the Oakland County Register of Deeds (recorded in

1978 at Liber 7365, Page 822 – 837). While this version has been carefully proofread, in the

event of any discrepancy it is the recorded document that controls.

DECLARATION OF BUILDING AND USE RESTRICTIONS FOR WEST BLOOMFIELD POND SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN LIBER 161, PAGES 25,26,27 OF PLATS, OAKLAND COUNTY RECORDS. BUILDING AND USE RESTRICTIONS FOR WEST BLOMFIELD POND SUBDIVISON.

THIS DECLARATION, made this 9th day of November, 1978 by the undersigned, who are the owners and parties of interest in the above captioned subdivision, for the purpose of establishing the following uniform restrictions for the benefit of this subdivision.

LAND USE AND BUILDING TYPE No lot shall be used except for residential purposes, except for temporary structures used in connection with the installation of subdivision improvements or in connection with the construction or initial sale of homes, no structure shall be erected, altered, placed or permitted to remain on any lot other than one single family private dwelling with attached private garage for not less than two cars nor more than three cars, except as otherwise provided herein. No detached garage, dog houses or detached storage buildings shall be permitted. RESIDENTIAL STRUCTURE – SIZE No dwelling shall be placed, altered or erected on any lot which shall have a livable floor space of less than two thousand one hundred fifty (2,150) square feet in the case of a two story home, one thousand seven hundred fifty (1,750) square feet in the case of a single story home, one thousand six hundred (1,600) square feet on the main or ground level (containing the principal living, dining and service areas) combined with the next higher sleeping or living area in the case of a tri-level or multi-level home. The interpretation of any term used in these covenants -1-

LIBER 7365 PAGE 823 (retyped for legibility 1/07)

which may be subject to question such as, but not limited to, livable floor space, ground floor, story, etc. shall be vested in the Architectural Control Committee herein after provided for.

BUILDING LOCATION AND SET BACK LINES No building shall be placed, altered or erected on any lot or building plot nearer to the front, side or lot line or building plot line than permitted by the zoning ordinance of West Bloom- field Township or as permitted by the Board of Appeals of the Township. A pool which is to be located partially or entirely above ground shall conform to the same front, side and rear yard requirements, except that, in the case of a “gunite” or other pool of normal “concrete” “in ground” construction which would project partially above ground because of the slope of the ground, then the Architectural Control Committee shall have the authority to approve such pool partially above ground in the rear or side setback if the Committee decides that such a pool would not be a detraction to the lot and/or home adjacent to such setback.

CONSTRUCTION AROUND WEST BLOOMFIELD POND No fence whose members obscure more than ten (10%) per cent of vertical area encompassed by said fence, nor any shed, out- building or other structure shall be erected or constructed between the meander line shown on the drawing attached hereto as Exhibit A and the shore of West Bloomfield Pond. This prohibition shall not be construed to prevent landscaping with trees, shrubs, and the like or the installation of retaining walls, decks not more than 2 foot above grade which comply with Township Ordinances, patios and paths. It is the intention of the prohibition to forbid construction and obscuring fences within the meander line which might interfere with any homeowners view of West Bloomfield Pond but not to place any restriction on landscaping.

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PROHIBITED STRUCTURES AND VEHICLES No trailer, basement, tent, shack, garage, or barn shall be used as a residence, either temporarily or permanently. No trailer, tent, shack, storage shed, dog house, boathouse, or other out- building shall be erected or placed on any lot or building plot. In the event an owner or occupant shall have a trailer, truck, truck trailer, boat commercial vehicle, motor home, or a camper or other recreational vehicle, the same shall be housed in a suit-

able private garage at all times. Provided, however, that owners or occupants of lots fronting on Wet Bloomfield Pond shall be permitted to keep boats of the number and type whose use is permitted on said lake on their property adjacent to the shoreline of said lake, and such owners or occupants shall not be required to house such permitted boats in a private garage. Nothing herein contained shall be construed to prohibit the use of temporary structures or trailers in connection with the installation of subdivision improvements for this or subsequent subdivisions or in connection with the construction or sale of homes. EASEMENTS Easements have been created for the installation and maintenance of public utilities for drainage. Within these easements, no structures, planting beds, or other materials shall be placed or permitted to remain which may interfere with the installation or maintenance of utilities or which may change or impede the flow or drainage of water in the easements. The finish grade of lots as established by the County of Oakland or Township of West Bloomfield shall be maintained unchanged by each owner.

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FENCES No fence, wall, hedge or planting which obstructs sight lines at elevations between 2 and 6 feet above a roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines. The same sightline limitation shall apply on all lots within 10 feet from the intersection of a street property line with the edge of a driveway and no trees or other plantings shall remain within such distances unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. LOT SIZE No lot shall be reduced in size by any means whatsoever without the prior written consent of the Architectural Control Committee. Lots may be enlarged by the consolidation of one or more adjoin- ing or fractional parts thereof under one ownership. In the event that an area greater than one lot is developed as a unit, then all restrictions herein contained shall apply as to a single lot.

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TREES AND SOIL No trees which exceed 6 inches in diameter shall be removed or cut nor shall surface soil be dug and removed from any lot for purpose other than building or landscaping on such lot without the prior written consent of the Architectural Control Committee. NUISANCES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance t the neighborhood. ANIMALS, LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats and other house- hold pets not exceeding three in number may be kept, provided that they are not kept, bred or maintained for commercial purpose, and provided further that ornamental birds not to exceed three in number may also be kept but not for any commercial purpose. REFUSE No lot shall be used or maintained as a dumping ground for trash, rubbish or garbage or other waste and shall not be kept except in sanitary containers properly concealed from public view. No outside incinerators shall be used. These prohibitions shall not apply to the developer or to builders during the development and construction period.

GENERAL CONDITIONS No laundry shall be hung for drying in such a way as to be readily visible from any street. All homes shall be equipped with a garbage disposer unit.

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RAPID COMPLETION The erection of any new building or repair of any building damaged by fire or otherwise shall be completed as rapidly as possible and should the owner leave such building in an incomplete condition for a period of more than six (6) months, Grantor or its authorized representative is authorized and empowered to tear down and clear from the premises the uncompleted portions(s) of such structure, or to complete the same at its direction, and, in either event the expenses incurred shall be a lien upon such land and premises. RAPID COMPLETION OF CERTAIN LANDSCAPING As rapidly as possible after the completion of a home on a lot or building plot, such lot or building plot shall be fine graded and all areas not occupied by a home, drives, walks, patios, etc.

shall be covered by either sod, ground cover, planting beds, un- disturbed natural vegetation (not noxious weeds) or other generally accepted landscaping methods. Owners of lots adjacent to Ponds and retention easements are encouraged to retain and promote natural vegetation near the shoreline to promote healthy ecology for such Ponds and easements and their shoreline.

SIGNS No sign of any kind shall be displayed to the public view on any lot exept one sign of not more than five (5) square feet adver- tising the property for sale or rent. Signs used by the developer or by a builder to advertise property for sale or to promote model homes may be of any size and number. Such signs as are allowed must be maintained in good condition at all times and must be

removed on termination of their use.

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OLD BUILDINGS AND MATERIALS No old building may be moved onto any lot in this subdivision, and no used material other than reclaimed brick or barn wood may be used without the prior written consent of the Architectural Control Committee. DOG KENNELS AND HOUSES Dog kennels and other enclosed shelters for permitted animals shall be allowed only when they are integral part of an approved attached garage. No “dog house” or other detached similar shelter shall be permitted. Dog runs are permitted provided they are maintained in a clean and sanitary condition and the location and design of fencing is approved by the Architectural Control Committee. ANTENNA No radio or television antenna shall be permitted other than the type commonly used for domestic, residential use. Neither shall any radio or television antenna or aerial be permitted which is erected on any separate post, pole or tower of any sort, or which exceeds the roof structure by more than eight (8) feet in height. ARCHITECTURAL CONTROL COMMITTEE No building shall be erected, placed or allowed to remain on any lot until the construction plans have been approved by the Archi- tectural Coontrol Committee as to the quality of materials, harmony of design, and as to the finish grade elevation. The Architectural Control Committee shall also have such duties as are assigned elsewhere in these restrictions. The Committee is composed of Burton A. Binder and James D. Lark, 3093 Moon Lake Drive, West Bloomfield, Mi. 48033. Any member may act for the Committee and

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The Committee may designate a member to act for it. In the event of the death of any member, the remaining member may elect a new member. Upon the death or resignation of the entire Committee, the Committee shall become a Committee of the Subdivision Association and the Association shall appoint its members. The Committee’s approval or disapproval of all matters under these restrictions shall be in writing. If no approval or disapproval request of the Committee has been received within forty-five (45) days after being requested of the Committee in writing and after appropriate plans, specifications and plot plans have been submitted, then approval will be deemed to have been granted. COMMITTEE APPROVAL No building, fence, wall or other structure or construction shall be commenced, erected or maintained or any lot, nor shall any change, alteration or addition be made (except interior altera- tions) until the plans and specifications have been approved in writing by the Architectural Control Committee. SUBDIVISION ASSOCIATION The undersigned proprietor and developer, Binder and Lark Land Development Corp. shall form a Michigan non-profit corporation, which shall be the Community Association (Subdivision Association) for this subdivision within ninety (90) days after recording of the Subdivision Plat. The Subdivision Association shall operate as follows:

1. The Association shall be governed by a Board of Directors of

not less than five (5) persons appointed by the Developer until a home has been built and occupied on ninety (90%) percent of the

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lots in the subdivision, or sooner, at the sole discretion of the developer. Thereafter, the Board of Directors shall be elected by the first owners.

2. The Association shall consist of the owners of lots in the Subdivision who shall be members of the Association. 3. The Board of Directors of the Association shall adopt By-Laws. 4. All lot owners shall be subject to annual maintenance charge of $40.00 per lot commencing January 1, 1982, and at such rate thereafter as may be determined by the Directors of the Association. 5. The maintenance charge above referred to shall be paid to the Association and shall be expended for such of the following purposes as the Board deems advisable, for landscaping, and maintaining subdivision islands, cul-de-sacs, and eyebrows;

for caring for vacant property; for removing trash or rubbish; for snow removal or plowing; for the promotion of community activities; for legal expenses of enforcing these restrictions; for hiring watchmen; and for any other thing deemed necessary or advisable by the Board of Directors. 6. It is expressly agreed that the maintenance charge above referred to shall be a lien upon the land for which the charge is made, and it is expressly agreed that, by acceptance of title to any of said lots, the owner (not including thereby a mortgage so long as he is not the owner) from the time of acquiring title thereto shall be held to have covenanted and agreed to pay the Association all charges provided for herein (and elsewhere in these restrictions) which were

then due and unpaid at the time of his acquisition of title and all such charges falling due during his ownership thereof. A certificate issued by the Association or its agents shall be given on demand to any owner liable for such charges, which shall set forth the status of such charges and which shall be binding on the parties.

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7. By acceptance of title, each owner shall be held to vest in

the Association the right and power in its name to take and prosecute all suits, legal, equitable or otherwise, which in the opinion of the Association may be necessary or advisable for the collection of such charges.

MAINTENANCE OF PONDS AND RETENTION BASINS The Subdivision Association provided for shall have full and complete authority to maintain and improve the pond retention basin located adjacent to lots 53 through 61, 63 thru 66 and 68 through 71, herein after referred to as West Bloomfield Pond and the pond retention basin to the rear (East) of lot 1. The Assoc- iation shall have an absolute duty to maintain such ponds so as to retain and control storm water in a manner acceptable to West Bloomfield Township and the Oakland County Drain Commission. The Association’s authority as to such ponds shall include but not be limited to the right to raise and lower water levels for cleanout and other purposes, to dredge, to control weeds, to stock fish and other aquatic species, to install aerators, wells, pumps or other devices, and in general, to take whatever action the Association deems best for the maintenance and improvement of such ponds. In performing said work, the Association, its agents and employees shall have authority to enter onto the drainage easements provided on the recorded Subdivision plat. The full cost of any and all maintenance and improvement of such ponds shall be born by all the owners of lots which abut on such pond where the maintenance or improvement work has been done. In determining the amount which each lot owner shall pay for any such work, the total cost thereof as determined by the Association and/or theTownship shall be divided by the total number of lots

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abutting the pond, and each owner shall pay an amount equal to the quotient thus obtained. The share of such costs thus determined shall be a lien upon the land with respect to which the cost of such improvements or maintenance is allocated from the date on which a statement thereof is rendered to such owner. Each future owner of any lot adjacent to the ponds described expressly agrees by acceptance of title to such land that he shall have covenanted and agreed to pay the Association, or any entity to which the Association may assign its right to collect the same, all of the costs of such maintenance and improvements as allocated above provided which were due and unpaid at the date of his acquisition of title to said land and all costs for work falling due under his ownership thereof. Such lien and encumbrance shall be enforceable in the same manner as any other lien and encumbrance, and the amount thereof shall be a debt against the owner of said land and a charge against the land. A certificate in writing issued by the Association shall be given on demand to any owner and shall set forth the unpaid cost of such work charged against such owner’s property. This certificate shall be binding on all parties. In the even the Association fails to maintain either pond des- cribbed for storm water retention purposes in a manner acceptable to both West Bloomfield Township and the Oakland County Drain Commission and/or their assigns then either of such Bodies may elect, using the drainage easements provided on the Subdivision plat, to enter on and perform such improvement and/or maintenance and bill and charge the lot owners above mentioned for the costs thereof, including administrative costs, utilizing the formulas and procedures above described, and such charges shall be fully enforceable liens and encumbrances on the land in the manner above set forth. In the alternative after having performed

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Such improvements and/or maintenance, either West Bloomfield Township or Oakland County Drain Commission may, at their sole option, elect to charge such costs to the Subdivision Association, and in such case, the Association shall be fully liable for such costs and charges and shall forthwith pay the same directly to the Township or Drain Commission and collect the same from the effect- ed lot owners in the manner above described, and such charges shall be a lien and encumbrance on such lots until paid. RESTRICTION ON THE USE OF WEST BLOOMFIELD POND The following restrictions apply to the use of West Bloomfield Pond, its shoreline, and to adjacent lots:

1. No boat shall be permitted whose overall length exceeds 14 feet, nor any boat whose beam exceeds 6 feet, nor any boat propelled by other than oars, paddles, or sail. No lot owner or occupant shall keep more than 1 boat on said pond, and any boat kept must be only of the size, type and class permitted. 2. No snowmobile hovercraft or other power propelled vehicle shall be used on or above the waters of West Bloomfield Pond or its shoreline. 3. No dock, pier raft or other structure may be erected or placed on or above the waters of West Bloomfield Pond. No wall may be erected adjacent to the shoreline without the express written approval of the Architectural Control Committee. 4. No water may be pumped from West Bloomfield Pond except by the Subdivision Association or West Bloomfield Township or the Oakland County Drain Com. as part of pond maintenance or in case of fire emergency. 5. No lot owner or occupant shall throw trash of any kind into W. Bloomfield Pond nor will he permit fertilizers, insecticides, herbicides or other chemicals or anything other than clear water

to run into the pond. 6. No lot owner or occupant shall discharge or permit the discharge of any firearm, air gun, or other potentially harmful

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object into or over West Bloomfield Pond. 7. No lot owner shall introduce any non-game fish, such as gold- fish, carp, suckers or the like into West Bloomfield Pond. 8. No change shall be made in the contour or shoreline of West Bloomfield Pond without the specific written approval of the Developer, Binder and Lark Land Development Corp. No said or other solids shall be placed in said Pond without the prior removal of an equal volume of solids and without the prior written approval of the Architectural Control Committee. 9. No commercial use of West Bloomfield Pond shall be permitted. Activities on said Pond shall be carried on in such a manner as not to be disturbing to other owners or occupants. The Subdiv-

ision Association shall have the right to adopt restrictions either prohibiting or limiting the use of said pond between the hours of 10:00 p.m. and 8:00a.m. 10. In the event that the owners of 60% or more of the lots abutting West Bloomfield Pond wish to improve such pond by dredging, cleanout, fish control or planting, weed control, algae control, airation or otherwise as they deem fit, then the owners of 60% or more of such lots abutting said pond may proceed with such improvements or, at their option, request the Subdivision Association to so proceed, and the costs thereof shall be borne and collected as provided elsewhere in these restrictions under paragraph entitled “Maintenance of Ponds and Retention Basins”.

DURATION These covenants shall run with the land and shall be binding on

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all parties and on all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which twenty-five (25) year period said covenants shall automatically be extended for successive periods of ten (10) years each unless an instrument, signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. Provided, however, that the provisions as to the maintenance of pond retention basins and easements and the prohibition of construction within the meander line established around West Bloomfield Pond shall not be amended without the written approval of West Bloomfield Township. ENFORCEMENT Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or recover damages. Failure to enforce any of the covenants herein contained shall in no event be deemed a waiver of the right to do so thereafter as to either the same breach or as to a breach occurring prior or subsequent thereto. SEVERABILITY Invalidation of any one of these covenants either by judgement or decree shall in no way affect any of the other provisions which shall remaining in full force and effect. SUMP PUMP DISCHARGE No sump pump shall discharge through a pipe or otherwise directly onto a roadway or onto a driveway or other impermeable surface which drains into a roadway.

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LIBER 7365 PAGE 836

(retyped for legibility 1/07)

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West Bloomfield Pond Subdivision DEED RESTRICTIONS ......tent, shack, storage shed, dog house,...

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Transcript of West Bloomfield Pond Subdivision DEED RESTRICTIONS ......tent, shack, storage shed, dog house,...