DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
OF KINGSWOOD ESTATES
SUBDIVISION
(as recorded on 8/28/1995 in
the Macomb County Register of Deeds - Liber 06743 Pages 72-92)
THIS DECLARATION made this 11th
day of August, 1995, by KINGSWOOD
DEVELOPMENT,
COMPANY, LTD., a Michigan Corporation of 42850 Garfield, Clinton Township, Michigan 48038,
hereinafter referred to as “Declarant.”
WITNESSETH:
WHEREAS, Declarant is the
Owner of land described in Exhibit “A,” attached
hereto and made a part hereof, hereinafter
referred to as “Property”;
WHEREAS, Declarant has
obtained final preliminary plat approval from the Charter
Township of Shelby, Macomb County, MI., for
the Kingswood Estates Subdivision.
WHEREAS, Declarant desires to
provide for the preservation and enhancement of
property values, benefits, amenities and
opportunities in said Development and for
the
ownership, maintenance and use of the
common areas, and improvements thereon, and to
this end desires to subject the Property to
the covenants, restrictions, easements, charges
and liens hereinafter set forth, each and
all of which is and are for the benefit of said
Property and each owner thereof.
NOW, THEREFORE,
the Declarant declares that the Property is and shall be
sold,
transferred, conveyed and occupied subject
to the covenants, conditions, restrictions,
easements, charges and liens (sometimes referred to as “Covenants and
Restrictions”)
hereinafter set forth which shall run with
the Property, or any part thereof, and shall be
binding upon DECLARANT, its successors and assigns, and shall inure to the benefit of
each owner thereof.
ARTICLE
I
DEFINITIONS
Section 1. “Declaration” shall mean the covenants, conditions
and restrictions and all other provisions herein set forth in this
entire document, and any subsequent
amendments.
Section 2.
“Declarant” shall mean and refer to KINGSWOOD DEVELOPMENT,
COMPANY,
LTD.,
a Michigan Corporation, its successors or assigns.
Section 3. “Property” shall mean and refer to all property described
in Exhibit “A”
which becomes subject to this Declaration,
and any subsequent property which becomes
subject to this Declaration by reference.
Section 4.
“Dwelling House” shall mean and refer to any portion of a
structure
situated upon the Property designed and
intended for use and occupancy as a residence
by a single family.
Section 5.
“Lot” shall mean and refer to any separately numbered plot of
land shown
upon any recorded subdivision plat of the
Property.
Section 6.
“Entrance Way” shall mean and refer to that area of land within
twenty-five
(25’) foot private easement for landscaping over lots one (1) and
sixty-four (64’) foot of the subdivision,
including the entrance, monuments/signs,
lighting, landscaping, trees, and center
median located within the road right of way
of Kings Drive.
Section 7.
“Owner” shall mean and refer to the record owners, whether one or
more
persons or entities, of the fee simple
title to any lot, but excluding those persons having
such interest merely as security for the
performance of an obligation, and except Owners
and/or optionees who have entered into a
land contract or option for the purchase of any
lot when the land contract, option or a
memorandum thereof has been recorded in the
office of the Macomb County Register of
Deeds. In such cases, the
land contract purchaser or optionee shall be the Owner
instead of the land contract seller or optionor.
Section 8.
“Occupant” shall mean and refer to the occupant of a dwelling
house who
shall be the Owner.
Section 9.
“Supplement Declaration” shall mean and refer to any declaration
of
covenants, conditions and restrictions
which may be recorded by the Declarant, which
extends the provisions of this Declaration
to a Parcel and contains such complementary
provisions for such Parcel as are set forth
by this Declaration.
Section 10. “Retention Basin Agreement” shall mean and refer to
the KINGSWOOD
ESTATES
SUBDIVISION RETENTION BASIN OPERATION & MAINTENANCE
AGREEMENT dated January 25, 1995, and
recorded in Liber 6599, Pages 932 through
pages 940 all-inclusive, Macomb County
Records.
Section 11. “Special Assessment District” shall mean and refer to the
Special Assessment
District SAD 11-RB-94 established by the Charter Township of Shelby
on or about January 17, 1995, pursuant to
Section 192a of the Subdivision Control Act being Act 288 of the Public Acts of 1967,
as amended. The notice of this
Special
Assessment District being recorded in Liber
6564, Pages 126 through 127, both inclusive,
Macomb County Records.
Section 12. “ Lake Lots” shall mean and refer to Lots 65 through
89, both inclusive
of
KINGSWOOD
ESTATES SUBDIVISION.
Section 13. “Lake” shall mean and refer to Royal Lake as set
forth in the plat KINGSWOOD
ESTATES SUBDIVISION.
Section 14. “Storm Water Facilities” shall mean and refer to the
Lake, its’ appurtenant
devices and structures.
Section 15. "Association" shall refer to the
Kingswood Estates
Subdivision
Association to be organized as a non-profit
corporation for a perpetual term under the
Laws of the State of Michigan and required
to be incorporated within ninety (90) days
following the recording of the final plat.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1.
Existing Property. The
existing property which is and shall be held,
sold, old, transferred, conveyed, and
occupied subject to this Declaration is located in
the Township of Shelby, County of
Macomb, State of Michigan,
and more particularly
described in Exhibit A, and recorded under
the plat for KINGSWOOD ESTATES SUBDIVISION.
ARTICLE III
ENTRANCE WAY AND LAKE EASEMENT PRESERVATION
Section
1a. Landscaping of Entrance Way.
The landscaping of the Entrance Way
shall be maintained by the Association.
Section
1b. Rights of Declarant.
A.
The right of Declarant to make and enforce reasonable rules and regulations to carry out the terms of this
Declaration and to fulfill its purposes.
B.
The right of Declarant to fix and levy reasonable assessments with respect to the Lake, and Storm Water
Facilities located on the Property which serves this
Property and other property through storm
drainage facilities located within this Property
and other property in accordance with the
Retention Basin Agreement, which
assessments shall be utilized solely for
the operation, use, maintenance, repair,
replacement and administration of the Lake,
and the Storm Water Facilities and the
Association.
C.
The right of Declarant to construct, maintain, repair, replace, use
and
administer improvements on the Lake, and
Storm Water Facilities for the benefit of the
Owners.
D.
The right of the Declarant to grant a similar non-exclusive right at easement of enjoyment
in and to the Lake, and Storm Water Facilities to others that are not Owners in KINGSWOOD
ESTATES SUBDIVISION.
Section
2. Control and Jurisdiction of the
Lake, and Storm Water Facilities.
Control and jurisdiction over the Lake, and Storm Water Facilities shall
be vested in the Association known as
KINGSWOOD ESTATES SUBDIVISION
ASSOCIATION hereinafter referred to as the “Association”, subject to the control of the
Charter Township of Shelby and the Macomb
County Road and Drain Commissions or
other appropriate governmental agencies.
Section
3. Organization of the Association.
The Association shall be organized as a non-profit corporation, on a non-stock
basis, for a perpetual term under the laws of the
State of Michigan.
Section
4. Membership in the Association.
Membership in the Association shall be mandatory for each Owner and any subsequent
Owner of lots in KINGSWOOD
ESTATES SUBDIVISION. Every
Owner of a lot which is subject to assessment shall
be a member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any lot which
is subject to assessment. When more
than
one person holds an interest in any lot,
all such persons shall exercise their vote as they
among themselves determine.
Notwithstanding the foregoing, the Declarant, shall be
entitled to six (6) votes for each lot in
which it holds fee simple title in order to assure
the orderly development of the subdivision
and the Lake, and Storm Water Facilities,
provided, however, that upon the happening
of either of the following events, whichever occurs first:
A.
When the total votes of the members, excluding the Declarant, equal the total votes held by the Declarant;
or
B.
On December 31, 1999; the Declarant shall be entitled to only one
(1) vote for each lot in which it holds the fee
simple title.
Section 5.
Authority and Responsibility of the Association.
The Association has the authority and responsibility to
establish by-laws, rules, regulations, and policies for the Association, including the
authority to make and enforce stringent rules and regulation pertaining to the ownership,
maintenance and use of the Lake, and Storm
Water Facilities, which shall be binding
upon the Owners. The Association in conjunction with all lots using the Storm
Water Facilities shall proportionately assume the Owner’s responsibility and liability
as set forth in the Retention Basin Agreement and
the Special Assessment District identified
in Article I, Sections 10 and 11 herein and hold
all previous Owners harmless therefore.
Section 6.
Assessments by the Association.
Assessments shall be levied by the Association and shall be used exclusively
for the purpose of promoting the recreation, health, safety, and welfare of the owners,
and in particular, for the operation, maintenance, management and improvement of
the Lake, and Storm Water Facilities, including but not limited to, the payment
of taxes, and insurance thereon, for additions thereto, and for the cost of labor,
equipment, materials, utilities, management and
supervision for or in connection with the
Lake, and Storm Water Facilities and the
Association; and to cover the cost of
maintenance, placement and improvements of
the cost of maintenance, placement and
improvements of the entrance way landscaping.
A.
Until December 31, 1995, the maximum annual assessment per lot shall
be One Hundred Fifty and no/100 ($150.00)
Dollars.
B.
From and after January 1, 1996, the maximum annual assessment may be
increased each year not more than five (5%)
percent above the maximum assessment
for the previous year, without a vote of
the membership.
C.
From and after January 1, 1996, the maximum annual assessment may be
increased above five (5%) percent by a vote
of more than fifty (50%) percent of the
members, excluding the Declarant, who are
voting in person or by proxy, at a meeting
duly called for this vote and the
affirmative vote of the Declarant.
D.
The Board of Directors may fix the annual assessment at an amount not
in
excess of the maximum, anything to the
contrary notwithstanding. The
initial assessment
of $150.00 shall be paid at the time
Declarant transfers a lot to any third party and in the
case a lot is sold by the Declarant to a
residential builder by option or on land contract,
the obligation for the assessments shall be
that of the builder prior to a sale to an Owner.
Further, that until the lot is occupied by
the Owner, the annual assessment charge applicable thereto may be fixed at a
reduced amount as uniformly determined by the
Board of Directors of the Association.
E.
In addition to the annual assessments authorized above, the
Association may
levy, in any calendar year beginning
January 1, 1996, a special assessment applicable to such year only for the purposes of
defraying in whole or in part the cost of construction of any capital improvement upon the Lake,
and Storm Water Facilities, including fixture and personal property relating thereto, or
the cost of establishing or adding to a reserve therefore, provided that any such
assessment shall have the assent, at a meeting duly called for such purpose, of more than fifty
(50%) percent of all members.
F.
In addition to the assessments authorized above, the Association may
levy a special annual assessment
against the Owners of Lots in KINGSWOOD
ESTATES SUBDIVISION which
assessment shall be used exclusively for the operation, use,
maintenance, management and
improvement of the Storm Water Facilities located on the Property, which services
this Property and other property through storm water drainage facilities located
within the Property, including but not limited to the payment insurance thereon, the
maintenance and repair thereof and the replacement of
improvements thereon, for
additions thereto, and for the cost of labor, equipment,
materials management and
supervision thereof or in connection therewith.
G.
In addition to the assessments authorized above, the Association may
levy as
special assessment against
Owners of Lake Lots for the operation and maintenance and replacement of well pump,
aeration apparatus (either by fountain or other equipment),
weed control and chemical
treatment as necessary to maintain the aesthetic and
recreational value of the Lake.
Section 7.
Notice of Meetings. Written
notice of any meeting called for the
purpose of taking any action
authorized under this Declaration shall be sent to all members not less than thirty
(30) days nor more than sixty (60) days in advance of the
meeting.
Section 8.
Reserve Fund. An
adequate reserve fund for maintenance, repairs
and replacement of the Entrance
Way, the Lake, and Storm Water Facilities must be
maintained or replaced on a
periodic basis, such amounts as are necessary to maintain
said fund shall be included in
the annual assessment. Written
notice of annual
assessment shall be sent to
every Owner immediately after action assessing the same; provided, however, that where
there is more than one Owner of a Lot, only one notice need be sent.
Such annual assessments shall be payable within thirty (30) days of such
notice.
Section 9.
Assessment Delinquency. Any
assessments levied hereunder against any lot which are not paid
within ten (10) days after the due date (together with expenses of collection set forth below)
shall bear interest form the due date at the rate of seven
(7%) percent per annum, and the
Association may, pursuant to duly promulgated rules
and regulations, establish
charges for late payment of such assessments.
The expenses incurred in collecting any such
delinquent assessments, including interest, costs and reasonable attorney fees (not
limited to statutory fees), shall be chargeable to the Owner
in default and shall be secured
by a lien on his lot. No owner may
waive or otherwise
escape liability for assessments
provided for herein by non-use of the Entrance Way or
Lake, or by abandonment of his
lot.
Section 10. Subordination of Assessment Lien. The lien for the assessments provided for herein shall be
subordinate to the lien of any first mortgage on the Property.
Sale or transfer of any lot
shall not accept the assessment lien. However,
the sale or
transfer of any lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof
shall extinguish the lien of
such assessment as to payments, which became due prior to
such sale or transfer.
No sale or transfer shall relieve such lot from liability for any
assessments thereafter becoming
due or from the lien thereon.
Section 11. Use, Enjoyment, Maintenance, Restrictions, or Alteration of
the Lake, and Storm Water Facilities.
A.
The recreational and surface area of the Lake shall be available exclusively for the use of the
Lake Lot Owners.
B.
Except as initially improved by the Declarant, the Lake, and Storm Water Facilities shall not
be altered in any way, except as required for maintenance without approval of
the appropriate governmental agencies.
C.
The Association shall be responsible for the maintenance of the Entrance Way, the Lake, and
the Storm Water Facilities and the costs thereof as is
more for set forth herein.
D.
The Association shall carry and maintain in full force and effect with such company or
companies as it shall select, comprehensive general
liability insurance for bodily
injury and property damage in relation to the Entrance Way,
the Lake, and Storm Water
Facilities providing a minimum coverage of One Million and
00/100 ($1,000,000.00) Dollars
for each occurrence. Such policy of
insurance shall name the Macomb County Road
Commission and the Charter Township of Shelby as
an additional insured by
appropriate endorsement thereon. Further,
the Association shall
indemnify and hold the Macomb
County Road Commission and the Charter Township of
Shelby harmless from any loss,
claim or damage to persons or property arising out of the design, placement, repair,
maintenance, or replacement of the Lake, provided, such loss,
claim or damage was not caused
by the fault or negligence of the Macomb County Road
Commission and/or the Charter
Township of Shelby.
Section 12. Taxes and Assessments on the Lake. Any taxes or assessments
assessed against or levied on
the Lake shall be prorated among the Lake Lot Owners, and
billed as part of the assessment
to those lots.
Section 13. Assessments on Lots owned by Declarant. All lots owned by Declarant shall not be subject
to assessment until transferred to a residential builder or other party in the ordinary
course of business.
Section 14. Control and Jurisdiction by Charter Township of Shelby of the
Lake, and Storm Water Facilities. In
the event that the Association shall at any time fail to maintain the Lake, or
Storm Water Facilities in reasonable condition and order, the Township may serve written
notice upon the Association or upon the owners setting forth the manner in which the
Association has failed to maintain the Lake, or Storm Water Facilities in reasonable
condition and said notice shall include a demand that deficiencies of maintenance be cured within
thirty (30) days thereof, and further, shall state the date
and place of hearing thereon
before the Township Board of Trustees or such other boards
or body of officials to whom the
Township shall delegate such responsibility, which shall be held within fifteen (15) days
of the notice. At such hearing, the
Township may modify terms of the original
notice as to the deficiencies and may be given an extension of the time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said thirty (30) days or any
extension thereof, the Township,
in order to prevent the Lake, or Storm Water Facilities
from becoming, public nuisance,
may enter upon said Lake or Storm Water Facilities
and maintain the same for a
period of one (1) year. Said
maintenance by the Township shall not constitute a taking of
the Lake or Storm Water Facilities nor vest in the public any additional right to use the
same. Before the expiration of the
said year, the Township shall upon its own initiative,
or upon the request of the Association, call a public hearing upon notice to the Association
and the members thereof, at which hearing the Association or the members shall show cause
why such maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If
the Township shall reasonably determine that the
Association is ready, willing and able to maintain the Lake, and Storm Water Facilities in
reasonable condition, the Township shall cease to maintain
the Lake, and Storm Water
Facilities at the end of said year. If
the Township shall
reasonably determine that the
Association is not ready, willing and able to maintain the Lake, or Storm Water Facilities during the next succeeding
year, and subject to a similar
hearing and determination, in each year thereafter, the
Township may continue to enter
upon said Lake, or Storm Water Facilities and maintain the
same. However, should an
emergency threatening the public
health, safety and general welfare of the public be
determined by the Township to
exist, the Township shall have the right to take immediate corrective action. The
reasonable cost of such maintenance by the Township shall be charged to the Association, and, if not paid, shall be
assessed equally against all Owners
within KINGSWOOD
ESTATES SUBDIVISION, and shall become a lien on said
Owners’ lots. In
addition, the township shall be subrogated, at its option to the
Association as to all of its
rights of collection for any lien as may be herein provided.
With regards, to the Lake and Storm Water Facilities, any assessment levied pursuant to
this Section 15 may, at the election of the Charter Township of Shelby, be levied
pursuant to the Special Assessment District as defined herein.
ARTICLE
IV
BUILDING AND USE RESTRICTIONS
Section 1.
Residential Lots. No
building or other structure shall be erected, altered moved into or permitted
on any lots in KINGSWOOD ESTATES
SUBDIVISION
other than one (1) single family Dwelling House with an
attached or enclosed integral
garage (not to exceed three (3) car capacity, provided, however, that a belowground swimming pool
tennis court, walls and such other auxiliary construction, as in the written opinion of
Declarant are in harmony and in conformance with the character and aesthetics of KINGSWOOD
ESTATES SUBDIVISION, and these restrictions, may be erected in
such manner and location as Declarant in its sole and absolute discretion may permit
in writing. All attached or
integral garages shall be designed and constructed of the
same materials as the dwelling and shall conform to
the same architectural design.
Such single family Dwelling House shall be designed
and erected for occupation by,
and occupied by, one (1) single family. Dwellings
must be constructed prior to
construction of any other structure. Multiple
Dwellings shall not be erected or
permitted on any Lot.
Section 2.
Zoning Ordinance. In
addition to the general restrictions contained herein, no building or structure
shall be erected, altered or permitted on any part of
KINGSWOOD ESTATES SUBDIVISION unless it shall also conform to the
provisions of the zoning
ordinances enacted by Charter Township of Shelby, Macomb County, Michigan, and the
Building Codes thereof, which may be applicable and in
effect at the time of actual construction; provided,
however, that any departure or
deviation from the provision of
the zoning ordinance permitted by and in accordance
with said ordinance shall not be
made without the prior written approval of Declarant,
and provided further, that no
approval of any such departure shall constitute approval of departure or deviation from
any provision of these restrictions other than the
requirement of this paragraph.
Section 3.
Temporary Structures. No
Owner shall, either before or after the
completion of the residential
structure, live in any temporary of detached structure or
vehicle of any kind or in any
manner.
Section 4.
Floor Area Requirements. Each
single-family residential structure
shall have not less than 2,000
square feet in a ranch style home, nor less than 2,300
square feet in a split level or
cape cod type home, nor less than 2,400 square feet in a
Colonial type home.
Garage and basement area shall not be included in square foot
calculations, plans for
residential structures shall be submitted to the Declarant, its successors or assign for its
written approval or disapproval at its sole discretion.
Section 5.
Site and Building Plans.
A.
The site and building plans for all structures and finished
grades shall be submitted to the
Township for its inspection and written approval prior
to beginning any construction.
Additionally all building plans for all structures shall be
submitted to the Declarant, its
successor, or assigns, which shall not give its written approval of any such proposed
structure, or other construction unless in its sole opinion,
upon being completed in
accordance with the plan and specifications, such structure or
construction shown on the plans
will comply in all respects with the restrictions set forth
herein and the external design,
color and materials and location thereof will be in
harmony with the character,
aesthetics, topography and grade elevations, not only of the
Lot upon which the proposed
construction is to take place, but also of neighboring lots &
structures.
It is understood that the purpose of this paragraph is to cause the
Property to
develop into a beautiful
harmonious high quality private residential neighborhood, and if
a disagreement on the points set
forth in this paragraph should arise, the decision of
Declarant, its successors of
assigns, shall control. Construction
shall not be commenced
unless and until the Declarant,
by its authorized representative, shall have approved the
site and buildings plans and
grade elevations by its written endorsement thereon. A copy
of the approved plans shall be
filed permanently with the Declarant, its successor or
assigns.
B.
Sidewalks. The Owner of
a lot shall install a sidewalk for
pedestrian travel within the
adjoining public right-of-way in accordance with the
Ordinances of the Charter
Township of Shelby.
Section 6.
Easement and the Maintenance Thereof.
A.
Easements and right-of-ways for drainage maintenance purposes are hereby reserved as shown on the recorded plat.
B.
All easements and right-of-ways shall be made available
Declarant for extension of the
use of said easement and/or right-of-way for future
development.
C.
The appropriate governmental agency shall have the right to access all of the Lots in the
subdivision on an equal basis for necessary maintenance
and repair on easements and
right-of-ways.
D.
The easements and restrictions concerning drainage shall
continue in full force and
effect and shall in no way be deleted or diminished except
upon approval of the appropriate
governmental agencies.
E.
No fences, pools or structures shall be allowed within the
Dunn Drain Easement.
Section
7. Utility Easements. Easements and right-of-ways as shown on the recorded plat are for the
installation and maintenance of sanitary and storm sewers, drains, wires, pipes, poles, guy
wires, conduits, fixtures and appurtenances for supplying drainage, electricity, light,
gas, water, heat, cable TV., or any public or quasi-public
utility deemed necessary by
Declarant or any governmental authority having jurisdiction. The use of
said easements or right-of-ways may be licensed or allowed to any firm or
corporation which shall furnish
such service. It is the intent and purpose of Declarant to have all utilities, electric
distribution lines, telephone
and cable TV. lines installed underground instead of
overhead, and to provide for
certain rights and benefits to the utilities furnishing said
service underground. Declarant hereby declares that said premises shall be held,
transferred, sold and conveyed
subject to the restrictions, covenants, reservations, easements, charges obligations
and powers as follows:
A.
Private easements for public utilities have been granted as shown on the plat of KINGSWOOD
ESTATES SUBDIVISION.
B.
No excavations (except for public utility purposes), no changes
of finished grade, and no
building or structures of any kind (other than utilities
equipment) shall be allowed
within the private utility easements of the subdivision
without the approval of the
utility company concerned. Except
as provided herein, the Owner should have the right to
make any use of the land, subject to such easement, which
is not inconsistent with the
right of the utility. The public
utilities shall have the rights to
trim or remove any trees,
bushes, or other plants of any kind within said easements which
in the opinion of the utilities,
interferes with the facilities thereto or is necessary for the
installation, reinstallation,
repair, maintenance, or removal of their facilities in any private utility easement of the
subdivision. The trimming or
removal of such trees,
shrubs, or plants of any kind by
a public utility for the purpose set forth above shall be
without liability to the
utility.
C.
No shrubs or foliage shall be permitted on any Lot within five (5) feet of the front door of
transformer enclosures or switching cabinet enclosures.
D.
The original or subsequent Owners of Lots in this subdivision
shall, own, install, maintain,
and replace, at their own expense, the single-phase electric
service conductors connecting
the transformers or secondary connection pedestals located
in said easements with the
residence erected on said Lots.
E.
The installation of all underground electric service conductors shall comply and conform to the
National Electric Code or other similar electrical code
as may be imposed by law and to
the specifications of the public utility concerned.
F.
Each lot in the Subdivision which will receive telephone
service by connection with underground telephone facilities
located in the easements of
the subdivision shall also be
subject to the following additional restriction:
(1)
Every Owner for whose property telephone service is requested shall be responsible
for furnishing, at no cost to the utility, the trenching and
back-filling necessary for the
installation, reinstallation, maintenance, or repair of
telephone facilities from the
public utility easement to the residence, as required by the
utility.
The Owner and not the utility shall be responsible for injury or damage
to persons
or property caused by the
trenching, existence of back-filling of the trench.
(2)
No owner shall make any change in grade in or near such utilities easements when the
changes in grade, in the opinion of the utility, interfere with
the facilities already installed
or which may be installed in the future.
G.
The foregoing restrictions, (A) through (F), shall be covenant
running with the land and not be
subject to termination without the consent of the utility
concerned.
Section 8.
Set Back, Side Yard and Final Grade Requirements.
No part of
building or structure erected on
any Lot shall be nearer to the front lot line than twenty-
five (25) feet, except lots
which may be twenty-five (25) feet, with a combined side yard
of not less than eighteen (18)
feet. All building on corner lots
shall have a street side
yard set back of not less than twenty-five (25) feet.
Bay windows with foundations, vestibules, sun porches, enclosed
porches and all other attached
and enclosed structures and projections shall be considered
as part of the building or
structure. Side yard set back and
finish grade requirements shall
conform to the provision of the
Building Codes enacted by the Charter Township of Shelby for variation from the
code provision shall not be made without the prior written
approval of Declarant.
Garages shall not be allowed to encroach on the side yard
requirements.
All dwellings shall face the street abutting the Lot upon which it is
constructed which shall be the
front line for each Lot, and the grade line for all
Dwellings shall not be less than
twelve (12) inches above established street grades.
Section 9.
Trash Disposal. Every
Owner shall promptly dispose of all his
refuse and trash so it will not
be objectionable to neighboring Lot Owners.
No outside
storage for refuse or garbage or
outside incinerator shall be built, maintained or used.
No household trash, paper,
boxes, garbage or other refuse shall be burned, collected,
or permanently accumulated or
stored on any Lot. Any temporary
storage prior to
pickup shall be placed in
individual containers or receptacles specifically designed for
that purpose and concealed from
public view. Such containers shall
not be placed by
the roadside for collection for
more than twelve (12) hours prior to pickup and shall be
removed from public view within
twelve (12) hours after pickup. All
trash, garbage and
other refuse shall be disposed
of in accordance with the statures of the State of Michigan, and the applicable ordinances,
rules and regulations of the Charter Township of Shelby
and the State and County Public
Health Department, as now in effect or hereafter in
force.
Section 10. Antennas. No
television, satellite dishes or radio antennas, larger
than 18 inches in diameter,
shall be erected on or attached to any structure or installed in
or upon the Property without the
prior written consent of the Declarant, its successors or
assigns.
Section 11. Parking and Vehicles.
No motor vehicles shall be parked except
upon the driveways and such
parking shall only consist of personal vehicles.
Any motor
vehicle displaying or designing
a business or any type of truck, van, motor home, travel
trailer, boat or trailer, shall
be parked within the enclosed garage. No
more than four (4)
motor vehicles shall be parked
consistently on any Lot. No truck,
van, motor home,
mobile home, pick-up, camper,
travel trailer, boat, tractor, or other mechanical equipment
of the like kind, shall be
repaired, reconditioned, manufactured or sold on any lot, nor
shall they be parked thereon for more than twelve (12) consecutive hours.
Section 12. Signs No
signs, posters, billboards or other advertising devices or
symbols shall be erected, or
displayed on any Lot, structure or fences therein, except one
(and no more than one) “For
Sale” painted sign not to exceed six (6) square feet in area,
advertising a single Lot or
Dwelling for sale; provided, however, that signs of larger size
may be erected and displayed by
Declarant’s models advertising the sale of lots. Such
signs as may be permitted must
be maintained in good condition at all times. No sign
may be displayed at the common
entrance, boulevard, on brick walls or at any common
area for a consecutive period
exceeding 24 hours. (see
amendment in the bylaws)
Section 13. Livestock and Poultry. No
chickens, fowl, livestock, bees, snakes
or other reptiles, or other
animals shall be kept or maintained in KINGSWOOD
ESTATES SUBDIVISION,
except
domestic pets kept by a lot owner and members of
his immediate family in
residence, as personal pets, but not for commercial or breeding
purposes.
A snake or reptile over one foot long shall not be deemed a domestic pet.
No
household shall maintain more
than three (3) personal pets as limited herein. Any such
pets shall have such care as not
to be noxious or offensive on account of noise, odor or
unsanitary conditions and if
kept out of doors shall always be confined within the rear
and never allowed loose to roam
free. No savage or dangerous
animals shall be kept or
maintained within the
subdivision at any time.
Section 14. Fences. No
fences of any kind or description shall be constructed or
allowed on any lot except such
fencing for the enclosure of swimming pools as shall be
required by the ordinances of
the Charter Township of Shelby, Macomb
County,
Michigan.
Notwithstanding, excepting for the south 33.8 feet of lot 27, all lots
bordering
the M-53 Freeway shall be
allowed to construct a privacy fence along the back lot line,
provided same is approved by
Declarant.
Section 15. Landscaping.
A.
All portions of a lot
not occupied by physical structures shall
be finished, graded, seeded,
sodded, or covered with other landscaping by the Owner within eight (8) months after
the residence is substantially completed and has had a final
inspection for occupancy by the
Shelby Township Building Department. All
unused
building materials and temporary
construction shall be removed within sixty (60) days
after substantial completion of
the residence.
B.
Natural Features. The
Owner of each lot shall preserve and maintain the natural features of
the lot and its character whenever possible. Existing
trees measuring six (6) inches
or more in diameter, having a height of four feet above
ground level, existing trees
near the public right-of-way, and/or natural groves shall be
preserved and maintained by
dwelling, if necessary. All water
courses and similar features and assets shall be
preserved and maintained. Provided,
however, the Owner of a lot, upon the issuance of a building permit, shall be
allowed to remove trees, which are located within the area to be
used by the residential structure and within ten (10) feet
of the outer walls thereof and
from any driveway or utility easement area.
C.
Trees. The Owner of each
lot shall provide street trees in accordance with the ordinances
of the Charter Township of Shelby.
Section 16. Roofing Materials and Exterior Finish.
All roofs shall be of asphalt shingle weighing not
less than 235 pounds per roofing square or of such other
roofing materials as shall be
approved by the Declarant, its successors and assigns. All
exteriors must be finished with
brick at first floor level. All
second floor levels and all
overhangs must be finished with
brick, natural stone, or other siding approved by the
Declarant.
All exteriors except brick of natural stone shall be finished with two
(2)
coats of paint, stain, or
varnish, unless otherwise approved in writing by Declarant. All siding shall be of high
quality and shall have the appearance of wood siding to keep in harmony with the aesthetics
of neighboring homes. Color will be
natural/earth tone
in appearance. (see the
amendment in the bylaws)
Section 17. Use of Motor Vehicles, Motorcycles, Snowmobiles and All Terrain Vehicles. Motorcycles,
Motor Bikes, Snowmobiles, and All Terrain Vehicles
shall be operated or allowed to
be operated only upon public streets and private drive-ways and should not be operated
nor allowed to be operated on any Lot or drain easements or in any annoying,
obnoxious, unlawful or otherwise disturbing manner, and shall
be operated on in accordance
with the statues of the State of Michigan and applicable
ordinances of the Township of
Shelby.
Section 18. Nuisances and Residential Lots.
No noxious or offensive activity shall be carried on
upon any of the Lots in said subdivision nor shall anything
be done thereon which may be or
may become an annoyance or nuisance to the
neighborhood.
All of the Lots shall be used for residential purposes only, and for no
other purpose whatsoever.
Section 19. Occupancy. The
exterior, including all sewage disposal facilities
and the interior of all
residences shall be completed prior to occupancy.
Section 20. Lake Lots. The Owner of each Lake Lot shall
landscape and maintain both the area between their respective Dwelling House and the
rear property line and the area
between the rear property line and water edge, as soon as
practical.
A.
The Owner of each Lake Lot is precluded from filling in or changing the course of any water upon their respective lot
or adjacent thereto.
B.
No motorized boat shall be permitted upon the Lake.
C.
No dock or deck shall be constructed which extends into the Lake more than two (2) feet, and if built, shall be
parallel to the shoreline of the Lake.
D.
No pump for sprinkling systems shall be placed nearer to the Lake than the Dwelling House on the
Lot.
E.
No debris or landscape clippings shall be dumped upon or in the Lake.
F.
Lawn fertilizing and weed control placed upon the Lake Lot shall be of a type to not produce, induce or generate signs or
weeds within the Lake.
G.
Any dock or deck near the shoreline shall require prior written
approval from Declarant, its successors or assigns, prior
to construction.
Section 21. Flood Plain Restrictions.
A.
No filling or occupation of the flood plain area as shown on the recorded plat shall be allowed without the approval of
the Michigan Department
of Natural Resources, the Charter Township of Shelby and
other appropriate govern-mental agencies.
B.
The flood plain restrictions as set forth herein shall be adhered
to in perpetuity and excluded from any time limitations set
forth in this declaration and
shall not be amended without the approval of the Michigan
Department of Natural
Resources, the Charter Township of Shelby and other
appropriate governmental agencies.
C.
All buildings used or capable of being used for residential
purposes and occupancy on lots, which are affected by the
100-year, flood plain elevation
631.00 (N.G.V. DATUM), as established, shall:
1.
Have lower floors, excluding Basements, not lower than the contour defining the flood plain elevation.
2.
Not have openings into the Basements lower than the elevation of the contour defining the flood plain elevation.
3.
Be equipped with positive means of preventing sewer and storm water back-up from sewer lines and drains, which serve the
structure, and be constructed
with foundation drains and sump pumps.
4.
Have basement walls and floors, if below the elevation defining the flood plain elevation, which are water tight and
designed to withstand hydrostatic pressures from water level equal to the elevation of the
contour defining the flood plain
elevation.
5.
Are properly anchored to prevent floatation.
Section 22.
Model Homes and Sales Offices. Nothing
herein contained shall be
construed to prohibit the Declarant, its successor and
assigns, or residential builders
designated by Declarant or their Sales Agent from
temporarily maintaining a real estate
sales office in any model residence constructed on any Lot
within the subdivision.
GENERAL PROVISION
Section 1.
Enforcement. The Declarant, its successors and assigns, and any Owner shall have the right to enforce, by any proceeding at law
or equity, all restrictions,
conditions, covenants, reservations, liens and charges now
or hereafter imposed by the
provisions of this Declaration. Failure by the Declarant, its successors and assigns, or
any Owner to enforce any covenant or restriction herein
contained shall in no event be
deemed a waiver of the right to do so thereafter. By his acceptance of title each lot owner shall be held to vest in
Declarant, its successors and assigns, and it shall be
deemed to have the right and power
in its own name to take, prosecute, and enforce pursuant to
Act 288 of Public Acts of
1967, as amended, all suits legal, equitable or otherwise,
which they may deem necessary
or advisable. Upon
violation of any restriction or breach of any covenant, Declarant, its
successors and assigns, may enforce them by a suit for
money judgment, or by an action
in equity seeking a mandatory injunction, and the exercise
of any one or more of them shall not be deemed to constitute an election of remedies.
In addition to all other
remedies, the Declarant, its successors and assigns, may
enter upon the land as to which
such violation or breach exists, and summarily abate and
remove at the expenses of the
Owner thereof any construction or other violation that may
be or exists thereon contrary
to the intent and provision hereof, and Declarant, its
successors and assigns, shall not thereby become liable for trespass, abatement, removal or
in any other manner. Any and
all rights and remedies which Declarant, its successors and
assigns, may have under this
Declaration or by operation of law, either at law or in
equity, upon any violation or
breach, shall be distinct, separate and cumulative and
shall not be deemed inconsistent
with each other; and no one of them, whether exercised by
Declarant and/or any Owner
of their heirs, successors or assigns, or not, shall be
deemed to be in exclusion of any
other and any two or more or all of such rights and
remedies may be exercised at the
same time.
Section 2.
Severability, In the event any provision of the restrictions
contained
in this Declaration should be held ineffective or invalid
for any reason by waiver, judgment, decree or other court order or otherwise all other
parts and provisions of these
restrictions shall nevertheless remain in full force and
effect.
Section 3.
Amendments. Except for
Section 21 of Article IV which shall remain
in effect in perpetuity and may not be amended, the
conditions, covenants and restrictions
of this Declaration shall run with and bind the land for a
term of twenty-five (25) 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-five (25) year period and during
each successive ten (10) year
period thereafter by an instrument signed by not less than
fifty-one (51%) percent of the Owners, and the Charter Township of Shelby, or its
successor. Any amendment
changing or modifying this Declarant in whole or in part
must be recorded in the Office
of the Register of Deeds of Macomb County, Michigan.
Section 4.
The masculine pronouns and relative words used in this agreement
shall be read as though written in masculine, feminine, neuter or plural forms respectively
as the context requires or permits.
Section 5.
Declarant may at any time assign and convey all or part of its
reserved
rights, power, privileges, and duties, which are herein,
reserved to the KINGSWOOD
ESTATES SUBDIVISION
ASSOCIATION, upon the execution and recording of the
appropriate instrument, the Association shall thereupon
have and exercise all the rights,
powers, privileges and duties so assigned and Declarant
shall be fully released and
discharged from further obligations, responsibilities and
liabilities in connection
therewith.