Bridlewood West HOA of Jamestown Township
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of BRIDLEWOOD
KNOW ALL MEN BY THESE PRESENT, that REDCO, LL.C., a Michigan limited liability company of 5623 Balsam Drive, Hudsonville, Ml 49426 (the Developer”), Harvey W. Mesbergen, & Beverly J. Mesbergen his wife, and The Tena Mesbergen Trust, being the owners of all the property contained within the development known as Bridlewood”, located in Jamestown Township, Ottawa County, Michigan, hereby make the following declarations as to the use of property:
The declarations contained herein are based upon the following factual recitals:
A. It is appropriate for an association of co-owners to control and manage all boulevards and berm areas along 22nd Avenue and in the Park Areas
B. To maintain a high standard of quality, it is necessary to impose certain covenants, conditions and restrictions upon the use of the property subject to these restrictions.
C. Developer is willing to sell lots in “Bridlewood”, but all buyers and subsequent owners must accept such lots subject to the declarations, covenants, restrictions and conditions set forth herein.
NOW THEREFORE, Developer hereby declares that all lots shall be held, sold, and conveyed subject to the following:
Section 1 Definitions.
As used herein, the terms set forth below shall have the following meanings:
1.1 “Architectural and Environmental Review Board” shall mean the committee appointed in accordance with the provisions of Section 5 below.
1.2 “Area” shall mean the actual usable square feet of living area within a residence to be constructed on a Lot, exclusive of any basement, attic, open porch, patio, deck, garage or the like.
1.3 “Association” shall mean the Bridlewood No. 2 Association, a Michigan non-profit corporation.
1.4“Park Areas” shall mean all areas within the plat reserved for the common use and enjoyment of all Lot Owners, including boulevards located within the public rights of way.
1.5 Developer” shall mean REDCO L.L.C., a Michigan Limited Liability Company, proprietor of the land within the plat, or its successors or any person or entity to whom or to which it may, in a document recorded with the Register of Deeds of Ottawa County, Michigan, expressly assign one or more of its rights hereunder or delegate all or any of its authority hereunder.
I .6 “Front Setback” shall mean, with respect to any Lots, the distance between the front street right of way on which a Lot is located and the nearest point of any improvement built on the Lot.
1.7 “Improvement” shall mean every building of any kind and every fence or wall, pool
1.8 “Lot” shall mean a lot platted by Developer and subject to these Restrictions. “Lots” shall mean all such Lots in all phases of the development.
1.9 “Lot Line” shall mean the two long sidelines and the rear line of each Lot.
1.10 “Lot Owner” shall mean any person or other entity owning legal or equitable title to or purchasing a Lot, or any person having a right of occupancy to any dwelling constructed on a Lot. (This does not include a tenant leasing from a lot owner.)
1.11 “Restrictions” shall mean the conditions, reservations, restrictions, and covenants, terms and provisions contained in this Declaration.
1.12 “Total Yard” shall mean the sum of the distances between the residence constructed on any Lot, including any porches, decks and attachments, and the Lot Lines.
Section 2 Improvements
2.1 Single Family Residences.
Each Lot shall be used exclusively for the construction of one single-family residence (including a garage for private use). Shall be limited in use to single family residential purposes, and may be occupied by only one single family. When used herein, the phrase “single family” shall mean (A) a man or a woman (or a man and a woman living together as husband and wife), together with the children of either and/or both of them, and/or the parents of either but not both of them, or (B) any other persons required to be considered a single family by State or Federal Law. The term shall not include persons not related, and any group of persons who are not members of the same single family, as defined herein shall occupy no residences on the Lots.
2.2 Setback.
All residences constructed on Lots, including any porches, decks and attachments, shall have at least a 35-foot Front Setback and shall be located no closer than 10 feet from either Side Lot Line or Rear lot line.
2.3 Area and Related Requirements.
No log homes or log siding homes shall be permitted. On Lots 36— 64, no one-story residence will be constructed with a fully enclosed first floor Area of less than 1,350 square feet, no 1 % or 2-story residence will be constructed with a fully enclosed Area of less than 1,800 square feet. No building will be more than 2 1/2 full stories above street level. For purposes hereof, if any portion of a level or floor with in a residence is below grade, none of that level or floor shall be considered part of the actual usable square feet Area. No residence shall have less than a 6/12 roof pitch.
2.4 Mail and Paper Delivery Boxes.
The Developer or the Architectural and Environmental Review Board will determine the location, color, size, design, and all other permitted particulars of all mail and/or paper delivery boxes.
2.5 Wires and Antenna.
All electrical service, cable television, and telephone lines will be placed underground and no outside electrical lines or other lines or wires will be placed overhead without the prior written approval of Developer. No exposed or exterior radio transmission or receiving antennas or other devices will be erected, placed, or maintained on any Lot, however installation and location of television antenna and/or reception dishes 18” or less may be installed upon approval from the Developer and/or the Architectural and Environmental Review board, which approval will not be withheld for installations required to be permitted by federal law. Any waiver of these restrictions will not constitute a waiver as to other Lots or lines or antennas.
2.6 Solar Panels.
Developer who may determine to deny any or all such installation must approve Solar Panel installation and location.
2.7 Construction Materials.
All residences constructed on Lots shall be constructed with new materials only. All residences shall be constructed with exteriors of aluminum, vinyl, cedar, brick or stone or any combination thereof. Every building must have a finished exterior prior to occupancy. On Lots 36- 64, each residence shall have a minimum surface area of 50% stone or brick veneer on the front exposure as viewed from the street. The only exception will be a structure of contemporary design having non-traditional rooflines. Such a structure will be required to use R/S cedar and or stucco on the entire front elevation. Design and materials to be approved by Developer. The Developer may approve use of other materials at his sole discretion.
2.8 Out Buildings.
No building or related structure other than a single family residence permitted by the other provisions of this Section may be placed, erected or maintained on any Lot without the approval of the Architectural and Environmental Review Board as provided in Section 5. Such buildings and related structures requiring approval include outbuildings, homes or trailers, playhouses, tree houses, pool houses, dog houses and dog runs.
Section 3 Park Areas
3.1 Maintenance.
The Association shall keep and maintain the Park Areas in a good and serviceable condition and in accordance with this Declaration and such other standards as are from time to time established. The Association shall also be responsible for supervising the construction, maintenance, repair, and reconstruction of any Improvements that may from time to time be placed upon the Park Areas.
3.2 Rules and Regulations.
The Association may establish reasonable rules and regulations concerning the use and enjoyment of the Park Areas.
Section 4 Subdivision: Other Easements.
4.1 Lot Subdivision.
No Lot may be subdivided except as approved by the Developer.
4.2 Future Easements.
No Lot owner shall be permitted to grant any right-of-way or easement across the Lot Owner’s
Lot to any person or to benefit any parcel of property except another Lot governed hereby. This
restriction shall not include the usual utility easements.
4.3 Boulevard Maintenance.
The Park Areas to be maintained by the Association include theboulevard areas in the public right-of-way as shown on the recorded plat. The Ottawa County Road Commission is to approve the basic landscape plan for the boulevard area and the Association will maintain the landscaping consistent with that plan including pruning to prevent any plantings from being more than three feet high, without the prior consent of the Ottawa County Road Commission. The Association may replace dead or diseased plants to maintain the approved landscape plan, but any change from the landscape plan as approved will require the approval of the Ottawa County Road Commission. If the Association maintenance is deficient such that plantings are more than three feet high or lack of maintenance adversely affects safety of the roadway, the Ottawa County Road Commission will give notice of the deficiency to Jamestown Township and Jamestown Township will give notice to the Association. If the Association does not perform the necessary maintenance, either the Township or the Road Commission may undertake the necessary maintenance or remove the landscaping and the Association shall pay the cost of such maintenance or removal. If the Association does not pay such cost within ninety (90) days, the Township or Road Commission may act on behalf of the Association to make an equal pro- rata share of the cost a lien against each Lot subject to foreclosure as provided in Section 12. The Association shall also maintain general liability insurance of not less than $1,000,000.00 per occurrence covering the boulevard area as part of the Common Areas naming Ottawa County Road Commission and Jamestown Township as an additional insured as to the boulevard area. This insurance policy shall be with a company authorized to do business in Michigan.
Section 5 Architectural and Environmental Review Board
5.1 Architectural and Environmental Review Board.
An Architectural and Environmental Review Board will be selected for the purposes of (1) evaluation for compliance of proposed Improvements with the Restrictions, and (2) evaluation of all plans for construction of new buildings, site development, and altering of exteriors of existing buildings and sites. The Architectural and Environmental Review Board will be composed of three persons appointed by the Developer so long as the Developer shall own any property or have any interest in the plat, or until the Developer relinquishes such rights in writing. Thereafter, the Board of Directors shall appoint from time to time, but at least every three years, members from the Association to serve on the Architectural and Environmental Review Board.
5.2 Review Process.
No Lot Owner shall construct, alter, or maintain any Improvements on a Lot until the following has been completed:
(a) The Lot Owner has submitted to the Architectural and Environmental Review Board one complete set of plans and specifications therefore, in a form satisfactory to the Architectural and Environmental Review Board, showing insofar as appropriate:
(i) The size and dimensions of the improvements.
(ii) The exterior design.
(iii) The exterior color scheme.
(iv) The exact location of the Improvement on the Lot.
(v) The location of all driveways.
(b) The Architectural and Environmental Review Board have approved such plans and specifications in writing. Approval of detailed plans and specifications may be with held, not only because of their non-compliance with any of the Restrictions, but also because of the reasonable dissatisfaction of the Architectural and Environmental Review Board as to the location of the structure on the Lot, color scheme, finish, design, shape, height, type, or appropriateness of the proposed Improvement or alteration, the materials used therein, the kind, shape, or type of roof proposed to be placed thereon, the degree of terrain alteration involved, or because of its reasonable dissatisfaction with any matters or things which, in the reasonable judgement of the Architectural and Environmental Review Board, would render the proposed Improvement inharmonious or out of keeping with the plat or with the Improvements erected in the immediate vicinity of the Lot.
5.3 Time for Review.
If at any time a Lot Owner shall have submitted to the Architectural and Environmental Review Board plans and specifications in accordance with this section for structure or alteration, and the Architectural and Environmental Review Board has neither approved such plans and specifications with in 10 working days from the date of submission nor notified the Lot Owner of its objection within such 10 working day period, then such plans and specifications shall be deemed to have been approved by the Architectural and Environmental Review Board. In the event that the Lot Owner shall file revised plans and specifications for a structure or alteration with the Architectural and Environmental Review Board after receiving objections from the Board with respect to original plans and specifications, and the Board has neither approved them nor notified the Lot Owner of further objections within 10 working days from the date of submission, then such revised plans and specifications shall be deemed to have been approved by the Architectural and Environmental Review Board.
Section 6 Care and Appearance of Premises
6. 1 Exterior Appearance.
Lot Owners shall maintain the exterior of all Improvements on any Lot and the Lot itself in a neat and attractive manner and in good condition and repair.
Section 7 Use Restrictions
7.1 Nuisances
No offensive activity or activity which is in violation of any law, ordinance, statute, or governmental regulation shall be permitted on any Lot, nor shall anything be done which may be or become an annoyance or a nuisance to the other Lot Owners.
7.2 q[g
The use of any Lot and any structure constructed on any Lot must satisfy the requirements of the Zoning ordinance of Jamestown Township, Ottawa County, Michigan, which is in effect at the time of the contemplated use or construction of any structure unless a variance for such use or structure is obtained from the Zoning Board of Appeals of Jamestown Township and further there is obtained a written consent thereto either from the Developer or from the immediately adjoining Lot Owners.
7.3 Animals
No animal shall be kept except common household pets, no savage or dangerous animal shall be kept and all pets shall be leashed when outside of a house or fenced-in area within the back yard. The Architectural and Environmental Review Board must approve any fencing. The owner of a pet shall be responsible for removing fecal matter dropped by the pet on property not owned by the owner of the pet.
7.4 Satellite Dishes.
Satellite dishes and the like are not permitted on any Lot except television reception dishes, 18” or less.
7.5 Recreational Vehicles.
There shall be no outside storage of any recreational and/or commercial vehicles on any lot. Except, each Lot Owner may have one (1) house trailer, boat, camping vehicle, or snowmobile trailer, parked or stored outside of a garage. It must be parked alongside of the garage on a concrete slab, not extending in front of the garage, and will not be covered with any type of tarp, or the like. This restriction shall not apply to temporary loading and unloading activities lasting no longer then 24 hours.
7.6 Trash and Garbage Disposal.
All trash, garbage and other waste is to be kept only in sanitary containers inside garages or otherwise within fully enclosed areas at all times and will not be permitted to remain elsewhere on the Lot or other adjoining areas, except for such short periods of time as may be reasonably necessary to permit periodic collection. All trash, garbage and other waste must be removed from the Lot at least once each week. No incinerators or other equipment for the disposal of waste will be permitted on any Lot.
7.7 Mineral Extraction.
No derrick or other structures designed for use in boring for oil or natural gas will be erected, placed, or permitted upon any Lot or Park Area nor will any oil, natural gas, petroleum, asphaltum, or hydrocarbon products or minerals of any kind be produced or extracted from or through the surface of any Lot. Rock, gravel, and/or clay will not be excavated or removed from any Lot for commercial purposes.
7.8 Signs in Park Area.
The Park Areas are to be maintained with a park-like atmosphere. No signs or any advertising will be displayed in the Park Areas unless the Developer first approves their size, form, and number in writing.
7.9 Driveways.
All driveways are to be a minimum of twelve (12) feet wide and must be constructed of asphalt or concrete. Circular drives in front of homes (if any) will be a minimum of eight (8) feet wide. All Flag Lots that have adjoining road frontage will share a common driveway that will be installed by the Developer. The Developer will install the common driveway at their expense and will have control of its location and length. All Flag Lot owners with common driveways will enter into a common driveway agreement to cover use and maintenance issues.
7.10 Swimming Pools.
Swimming Pools will not be nearer than ten (1 0) feet to any Lot line and will not project with their coping more than 4 feet above the established grade.
7.11 4çain.
Finished landscaping is to be completed within nine (9) months from the issuance of the Certificate of Occupancy, and shall include a minimum of two (2) 3” caliper deciduous shade type trees, as measured 18” above the ground, one of which shall be between 11 and 15 feet from the front lot line, and meeting the standards as established in the Jamestown Township Subdivision Control Ordinance (Section 5.3).
7. 12 Tree Removal.
For those Lots with existing trees, no trees, three inches in diameter or larger shall be removed unless one of the following conditions exist:
(a) (i) It is within 20’ of a building or permitted structure.
(ii) It is diseased or dead.
(iii) It is a hazard to building, structure, or human life.
(iv) Its removal would encourage healthier growth of surrounding trees.
7.13 Signs on Lots.
No sign of any kind shall be displayed to the public view on any Lot, except a sign of not more than four square feet advertising a Lot for sale or a sign used by a builder to advertise the construction or subsequent sale of a house. No sign other than Developer’s will be allowed at any entrance to the subdivision.
714 Water and Sewer.
All dwelling units shall be served with and connected to municipal water and sewer prior to occupancy. No septic systems or drainfields will be permitted.
7.15 Boulevard Plantings.
No planting shall be permitted to remain in any boulevard at a height of greater than 3 feet above the level of the adjacent road.
7.16 Fuel Storage Tanks.
No oil or fuel storage tanks may be installed on any Lot above or below ground.
7.17 Sidewalks
Homeowners to construct all concrete sidewalks in front of lot prior to occupancy of home.
Section 8 General Drainage Restrictions
8.1 In accordance with Section 280.433 of the Michigan Drain Code (Act 40 of the Public Acts of 1956, as amended) a special assessment drainage district has been created to provide for the maintenance of the Bridlewood South and Bridlewood Drainage Districts. The Drain Districts consist of all Lots in all phases within the development, the boundary of which is shown on the attached Exhibit “B”. At some time in the future, the Lots within the Drainage Districts will be subject to a special assessment for the improvement or maintenance of the Bridlewood South and Bridlewood Drainage Districts. The route of which is shown also on Exhibit “B” attached hereto.
8.2 Private Easements for the Storm Drainage have been granted to the Bridlewood South and Bridlewood Drainage Districts. The right and obligations of said easements are recorded with the Ottawa County Register of Deeds office.
8.3 Most of the Lots are subject to the aforesaid private easements for drainage. No development, grading, or construction is permitted within these private easements for drainage. This includes swimming pools, sheds, garages, patios, decks or any other permanent structure or landscaping feature that may interfere with the drainage system. Each Lot Owner will be responsible for maintaining the surface drainage system across his/her property.
8.4 It shall be the responsibility of the Lot owners and/or Association to maintain the drainage system in a good clean and serviceable condition. The Lot Owners and/or the Association shall also be responsible for any and all claims, damages, demands, expenses, liabilities, and losses of any character or nature whatsoever rising out of or resulting from the keeping and maintaining of the Bridlewood No. 2 drainage facilities.
8.5 The direction of flow for the surface drainage for all Lots is shown on the block-grading plans, Exhibit “C” attached hereto. It is the Lot Owners responsibility to ensure that the final grading of the Lot is in accordance with the block-grading plan. During the final Lot grading and landscaping, the Lot Owners shall take care to ensure that the installation of fences, plantings, trees, and shrubs do not interfere with the surface drainage.
8.6 For all Lots, each individual Lot Owner will be responsible for erosion control measures necessary on each Lot to keep loose soil from their construction activities out of the street and off adjacent Lots. If any sedimentation in the street, catch basins, or adjacent Lots is a direct result of construction for a particular site, it is the responsibility of that Lot Owner to have this cleaned up.
8.7 Each Lot Owner waives his/her claim against the Bridlewood South and Bridlewood Drain Districts, Ottawa County Drain Commissioner, his employees and agents, Jamestown Township, the Engineer, and the Developer from any and all claims, damage, and obligation arising from the existence or operation of the drainage system.
8.8 Restrictions of this Section 8 pursuant to the requirements of the Ottawa County Drain Commission are to be perpetual and run with the land. Notwithstanding the provisions of Section 14, the drain restrictions of this Section 8 may not be amended or modified without prior written approval of the Ottawa County Drain Commissioner and properly recorded at the Ottawa County Register of Deeds.
Section 9 Construction
9.1 Construction Process.
All construction of all buildings and structures will be done only by residential home builders licensed by the State of Michigan and approved in writing by the Developer. In any event, all construction must be completed within one year from the start thereof, provided that the Developer may extend such times when in Developer’s opinion conditions warrant an extension.
9.2 Garages, Garages, which will be for the use only by the occupants of the residence to which they are appurtenant, must be attached to the residence and constructed in accordance with the plans approved in Section 5. Each residence must have one and only one garage which must be capable of garaging at least two (2) and not more than three (3) standard size automobiles. No garage will be placed, erected, or maintained upon any Lot except for use in connection with a residence on that Lot or on an adjoining Lot already constructed or under construction at the time that such garage is placed or erected upon the Lot, except Developer may construct a garage not in connection with a residence, to be used as a sales office or information center, which may then remain as a detached garage after such use.
Section 10 Bridlewood No. 2 Association
101 Association.
The development will be governed by the Bridlewood No. 2 Association, which will be responsible for the duties given herein and for the general management, maintenance, operation, and administration of the affairs of the development, which shall include, without limitations, the following:
(a) (i) Maintenance, repair and improvement of the Park Areas.
(ii) Arbitration of disagreements between Lot Owners.
All such duties shall be carried out, as the Board of Directors of the Association shall from time to time determine.
10.2 Memberp
(a) Membership in the Association shall be compulsory for all Lot Owners. No other person or entity shall be entitled to membership, except Lot Owners in future developments in the vicinity of the first plat if, and only if, the Developer chooses to submit such property and any Park Areas therein to the jurisdiction of the Association. The Developer may do so on one or more occasions in a written declaration recorded in the office of the Ottawa County Register of Deeds. The terms of membership for any other persons shall be identical to those set forth herein, and upon the recording of such a declaration those portions of this Declaration that both (i) pertain to the Association and (ii) refer to Lots, or Lot Owners, shall be deemed to have been modified to refer to all property owner members. Such other developments need not be subject to covenants, conditions, and restrictions identical to those set forth herein, but must be improved with single family residences that are capable of individual ownership.
(b) When voting, a representative of each Lot Owner shall be entitled to one vote for each Lot owned.
(c) There shall be an annual meeting of the members of the Association for election of directors and any other business pertinent to the Association. Other meetings may be called as provided by the Association Bylaws.
(d) The presence in person of 35% in number of the Lot Owners qualified to vote shall constitute a quorum for holding a meeting of the Association. The written vote of any member on a specific issue furnished at or prior to any duly called meeting shall be counted in determining the presence of a quorum with respect to the question upon which the vote is cast.
(e) A majority shall consist of more than 50% of those qualified to vote and present in person or by proxy (or by written vote if applicable) at a given meeting of the members of the Association.
(f) The Association shall keep detailed books of account showing all receipts and
expenditures which shall specify the maintenance, repair, and improvement expenses of the
Common Areas and any other expenses incurred by or on behalf of the Association and Lot
Owners. A financial statement shall be distributed to all Lot Owners annually.
10.3 Board of Directors.
(a) The affairs of the Association shall be governed by a Board of Directors, all of whom shall serve without compensation and who must be members of the Association (unless appointed by the Developer). The number, terms of office, manner of election, removal and replacement, meetings, quorum, and other voting requirements, and other duties or provisions of or relating to directors shall be provided by the Association Bylaws, provided that the Developer shall appoint a majority of the Directors until 75% of Lots have been sold by the Developer.
(b) The Board of directors shall have all powers and duties necessary for the administration of the affairs of the Association and shall be responsible specifically for the following:
(i) To manage and administer the affairs and maintenance of the Association and of the Park Areas, property, and easements thereof by itself or through the hiring of outside contractors.
(ii) To levy and collect Assessments against and from the members of the corporation and to use the proceeds thereof for the purposes of the corporation; to enforce Assessments through liens and foreclosure proceedings where appropriate.
(iii) To carry insurance and to collect and allocate the proceeds thereof.
(iv) To restore, repair, or rebuild the Park Areas after occurrence of an event-causing casualty to the Park Areas and to negotiate on behalf of Lot Owners for any taking of Park Areas by eminent domain.
(v) To contract for and employ persons or business entities to assist in management, operation, maintenance, and administration of the Association
(vi) To make reasonable regulations affecting Lot Owners concerning the use of Park Areas by them and their guests and invitees and to enforce these Restrictions and any regulations by all legal methods, including, but not limited to, imposition of fines and late payment charges, or legal proceedings.
(vii) To own, maintain, and improve, and to buy, sell, convey, assign, mortgage, or lease any real and personal property, including, but not limited to, easements, rights-of- way, licenses or any other real property, whether or not contiguous to the development, for the purpose of providing benefit to its members and in furtherance of any of the purposes of the Association.
(viii) To borrow money and issue evidences of indebtedness in furtherance of any and all of the purposes of the business of the Association, and to secure the same by mortgage, pledge, or any other lien on property owned by the Association; provided however, that any such action shall also be approved by affirmative vote of more than 60% of all of the members of the Association.
(ix)To establish such committees as it deems necessary, convenient, or desirable and to appoint persons thereto for the purpose of implementing the administration of the Association and to delegate to such committees any functions or responsibilities which are required to be performed by the Board.
(x) To make rules and regulations and/or to enter into agreements with institutional lenders, the purpose of which are to obtain mortgage financing for Association purposes.
10.4 Budget
(a) The Board of directors of the Association shall establish an annual budget in advance for each fiscal year, and such budget shall project all expenses for the forthcoming year which may be required for the proper operation, management, and maintenance of the Association, including a reasonable allowance for contingencies and reserves. Copies of said budget shall be delivered to each Lot Owner and an Assessment for the forthcoming year shall be established based upon said budget, although delivery of a copy of the budget to each Lot Owner shall not affect the liability of any Lot Owner for any existing or future Assessment. Should the Board of Directors at any time determine in the sole discretion of the Board of Directors that the Assessments levied are or may prove to be insufficient.
(i) To pay the costs of operation and management of the Association
(ii) To provide additions to the Park Areas not exceeding $1500.00 annually.
(iii) To provide for emergencies, the Board of Directors shall have the authority to increase the general Assessment or to levy such additional Assessment, or Assessments, as it shall deem to be necessary.
(b) Special Assessments, in addition to those required above, may be made by the Board of Directors from time to time and approved by the Lot Owners to meet other needs or requirements of the Association but shall not be levied without the prior approval of more than 66-2/3% of all Lot Owner.
10.5 Association as Successor to Developer Rights
Upon the sale of all lots in the development, or such earlier time as the developer may deem appropriate, the developer shall convey, and the Association shall accept, all fee simple title to the park areas, within the development. And the Association shall accept all the rights and obligations of the developer.
Section 11 Violation of Restrictions
11.1 Remedies.
(a) If any Lot Owner shall violate the provisions of these Covenants, Conditions, and Restrictions, or any rule or regulation promulgated by the Association, the Developer or the Association, not earlier than 15 days after it has delivered written notice to a Lot Owner of a violation of one or more of the provisions thereof, may enter upon and alter, repair, or change any improvement or thing which may be upon the Lot or Common Areas in violation thereof so as to make such improvements or things conform to these Restrictions. The Developer or the Association may charge the Lot Owner for the entire cost of the work done by or for it pursuant to the provisions of this Section which shall become payable to the Association upon demand or thereafter become a lien against the Lot Owner’s Lot, enforceable in accordance with the provisions of Section 12 hereof.
(b) For a violation or a breach of any of the provisions hereof, the Association shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent their violation or breach. If the Association shall fail or refuse to enforce any violation after request has been made by one or more Lot Owners, such owners shall have the joint and several right to proceed in law or equity against the Lot Owner(s) in breach of the Restrictions seeking money judgement or to compel such compliance.
I I .2 Cost to Enforce.
All costs incurred by the Developer or the Association in enforcing the Restrictions, including reasonable attorney’s fees, will be reimbursed by the Lot Owner(s) in breach of the Restrictions to the Developer or the Association enforcing the Restrictions.
I I .3 Failure to Enforce.
No delay or omission on the part of the Developer, the Association, or the owners of other Lots in exercising any rights, power, or remedy herein provided, will be construed as a waiver thereof or acquiescence in any breach of these Restrictions. No right of action will accrue nor will any action be brought or maintained by anyone whatsoever against the Developer or the Association for or on account of a failure to bring any action on account of any breach of these Restrictions, or for imposing Restrictions which may be unenforceable.
Section 12 Assessments
12.1 Assessments.
As a member of the Association, and in consideration of having the benefit of the Park Areas, each Lot Owner, by acquiring legal or equitable title, agrees for himself, his heirs, successors and assigns, to pay to the Association any dues, assessments, charges, costs, or fines (collectively referred to herein as “Assessments”) as may from time to time be levied by the Association for any lawful purpose.
12.2 Liens.
Any assessment or other charge of the Association not paid on or before the due date established by the association shall be considered as being in default and shall bear interest at the highest rate then permitted by law. Such Assessment or other charge, plus interest, and all costs incurred by the Association in connection with the collection of any such charge, including reasonable attorneys fees, shall be collectible by the Association and shall constitute a continuing lien upon every Lot within the plat owned by the Lot Owner responsible therefor, which lien shall be superior to all claims to such Lot or Lots except recorded first mortgages, as well as an enforceable personal obligation of the Lot Owner. Such lien may be enforced in accordance with the procedure set forth in Section 12.3 below. All such charges shall also be the personal obligation of the Lot Owner against whom they were assessed.
12.3 Foreclosure
The Association, or its successors and assigns, may, upon the failure of a Lot Owner to pay any statement tendered by the Association, record notice of its claim of lien against such Lot and thereafter pursue an action to foreclose said lien in any manner now or in the future permitted by law or equity, including but not limited to, what is commonly known as foreclosure by advertisement. In this regard, the Lot Owner hereby grants the Association a power of sale and authorizes the Association to sell the Lot to which delinquent charges are attributable or cause it to be sold at public auction and to deliver to the purchaser good and marketable title therefor, subject only to any first mortgage recorded prior to the Association’s notice of it’s claim of lien. The proceeds received at such a sale shall be distributed in accordance with the priorities established by applicable law. The Association may, in addition to, or instead of, foreclosure, attain personal judgement against the obligor.
12.4 Release of Personal Liability.
Provided the Lot Owner is current in the Lot Owner’s obligations hereunder, each Lot Owner shall be released from all personal liability for costs hereunder immediately upon the sale or other conveyance of his complete fee interest in the Lot owned by the Lot Owner that is benefited or burdened hereunder.
12.5 Waiver.
No failure of the Association to enforce any of its rights shall constitute a waiver thereof.
Section 13 Miscellaneous
13.1 Assignment of Rights.
All rights hereunder granted to Lot Owners shall not be further assignable by such owners except as an appurtenance to and in conjunction with a sale of their Lot.
13.2 Waiver.
Notwithstanding anything to the contrary herein, the Developer, in the sole discretion of the Developer, may waive or permit reasonable modifications of the Restrictions as applicable to particular Lots. The Developer will be deemed to have waived the Restrictions to the extent necessary to prevent the Developer’s construction or other actions violating the Restrictions.
Section 14 Duration I Amendment
14.1 Duration.
These Restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 10 years from the date these Restrictions are recorded, after which time said Restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by 60% of the then-Lot Owners has been recorded, agreeing to change said Restrictions in whole or in part. However, Section 15, the Ottawa County Drain Commissioners Restrictions shall run with the land, in perpetuity and shall not be amended, changed or omitted without the written authorization of the Ottawa County Drain Commissioner.
14.2 Amendment.
In addition to amendments made under Section 14.1, these Restrictions may be amended as follows:
(a) These Restrictions may be amended by the affirmative written action of the Developer and not less than 50% of the Owners of all Lots not owned by the Developer. So long as the Developer owns any Lot, this instrument may not be amended at any time without the consent of the Developer.
(b) Amendments may be made without the consent of owners or mortgagees of Lots by Developer alone as long as the amendment does not materially alter or change the rights of the owner or mortgagee of a Lot, including, but not limited to, amendments for the purpose of facilitating conventional mortgage financing for existing or prospective owners of Lots and/or to enable or facilitate the purchase of such mortgage loans by any agency of the federal government or the State of Michigan or other third party. Amendments may be made without consent of owners or mortgagees of Lots by the Developer alone even if such amendment will materially after or change the rights of the owners or mortgagees of Lots, to achieve compliance with the laws of the State of Michigan or with ordinances, rules, interpretations or orders of any government body, agency, or any court of competent jurisdiction, or to amend the description of the Lots on the first page hereof either to remove lands owned by Developer which may be designated as subject to this Declaration or to add adjoining lands which may be designated as subject to this Declaration.
(c) Any amendment shall become effective ten days after notice of adoption of the amendment, together with a copy of the recorded amendment, is mailed to all Lot Owners. Notwithstanding the foregoing provisions of this Section 14, the easements reserved and granted in this instrument shall be binding perpetually, and no amendment shall modify or terminate such easements.
14.3 Invalidation
The invalidation of any one or more of the provisions set forth herein by any court of competent jurisdiction in no way shall effect any of the other reservations and restrictions, but they shall remain in full force and effect.
14.4 Adjacent Property
The Developer also presently owns certain property adjacent to the Lots. This property may be developed by the Developer, but not necessarily in accordance with a common plan or scheme. Accordingly these Restrictions are intended to apply only to the Lots and do not in any way burden or restrict the development of any other property owned by the Developer unless and until the Developer amends the description of the Lots on the first page hereof to include such other property.
Section 15 Ottawa County Drain Commissioner Restrictions
15.1 All Lots shall comply with the following requirements and restrictions, as imposed by the Ottawa County Drain Commissioner.
A. To eliminate the potential of flooding from backyard surface drainage of storm water, the following minimum building opening elevations for these lots shall be maintained. The elevations shown are based on N.G.V. Datum.
LOT # Mm. Opening Elev. Mm. Basement Floor Elev.
36 719.5 710.5
37 720.5 711.0
38 722.5 711.0
39 722.5 711.5
40 723.5 712.0
41 724.0 712.5
42 724.0 713.0
43 723.8 713.5
44 724.0 714.0
45 724.0 714.5
46 724.0 714.0
47 720.0 713.0
48 720.5 714.0
49 718.0 714.6
50 722.5 714.0
51 723.5 7070
52 722.0 707.0
53 722.0 714.0
54 722.5 714.0
55 723.0 713.5
56 723.5 714.0
57 723.0 714.5
58 723.0 714.0
59 722.5 713.5
60 722.5 711.0
61 722.0 711.0
62 720.8 711.0
63 719.5 710.5
64 719.0 710.0
It is the responsibility of the Home Building Contractor to verify existing sanitary invert on lateral before establishing basement elevation.
To eliminate the potential of structural damage due to flooding and backyard surface drainage, the Lot Owner shall keep the lowest door or windowsill above the minimum opening elevations. The elevations are based on N.G.V. Datum and benchmarks described as follows:
Benchmark No. 1 Elevation —740.89 N.G.V. Datum
Top of concrete slab at NE corner of House #4189 _22nd Avenue.
Benchmark No. 2 Elevation —731.40 N.G.V. Datum
RR spike in NE side of power pole, 27’ +1- West of center line 22nd Avenue, 650 ‘+1- S of house # 4500 22w’ Avenue, 405’ +1- N of the North R/W line of Consumers Power Co. right-of-way, 18’ ÷1- N of field drive.
B. Footing Drains. All residential structures on Lots 1 through 35, inclusive shall contain a footing drain discharging system utilizing a sump pump with a check valve to discharge water to the sump lateral. The builder shall connect to the sump lateral in accordance with the manufactures recommendations, and all applicable local and state building codes as may apply.
C. Easements and Utilities: In order to comply with government regulations on drainage, roads and utilities, and so that the Developer may plan and install drainage systems, roads and utilities in a manner that will best enhance the appearance of the Subdivision, all Lots shall be subject to the following:
1) Easements: The Developer hereby reserves all easements for utilities or drainage shown on the recorded plat and full rights for ingress and egress for the Ottawa County Drain Commissioner and their agents and assigns, and the Developer and Developer’s agents, employees, and assigns over any part of the Lots for the purpose of installing and servicing the utilities and drains for which the easements are reserved. Easements for Drainage are for the benefit of upland lots within the subdivision and any improper construction, development, or grading that occurs within these easement will interfere with the drainage rights of those upland lots. Easements for Drainage are for the continuous passage of surface drainage and each lot owner will be responsible for maintaining the surface drainage system across their property. No structure is permitted within an Easement for Drainage. This includes, but is not limited to, swimming pools, sheds, garages, patios, decks, fences or other permanent structures or landscaping features that may interfere with surface drainage or maintenance of subsurface systems.
2) Block Grading Plan: The block grading plan (See Exhibit “C”) shows the direction of flow for the surface drainage for all lots. It is the lot owner’s responsibility to ensure that the final grading of the lot is in accordance with the block grading plan. During the final lot grading and landscaping, the owner shall take care to ensure that the installation of fences, plantings, trees, and shrubs do not interfere with nor concentrate the flow of surface drainage. No changes will be made in the grading of any lot areas used as drainage swales which would later affect surface run-off drainage patterns without the prior written consent of the Ottawa County Drain Commissioner for all portions of swales.
3) Easements to be Clear: No structures will be erected upon any Lot which will interfere with the rights of ingress and egress over easement provided in Section 15, Paragraph Dl). Any fences, paving or plantings which interfere with the rights of ingress and egress may be removed as necessary when installing or servicing the utilities and drains. Neither the Ottawa County Drain Commissioner, their agents and assigns, nor the Developer nor Developer’s agents, employees and assigns will have liability for replacement of such removal of fences, paving and plantings.
3) Drainage: No changes will be made in the grading of any Lot areas used as drainage swales which would later affect surface run-off drainage patterns without the prior written consent of the Ottawa County Drain Commissioner for all portions of swales on Lots 36 through 64, inclusive. When excavating for homes, builders and homeowners must fill or grade the Lots to avoid any area of trapped water. Runoff must be directed toward the street or to rear yard and must be able to run unobstructed from Lot to Lot. No grading by homeowner may be conducted in the area of the detention basin.
4) Easement Boundaries for Rear Yard Drainage Swales: Silt fence shall remain in place along the easement boundary until your lot has been final graded for landscaping and has established growth. Only the portion of silt fence on your lot may be removed.
5) Waiver: A waiver from elevations may be granted by the Ottawa County Drain Commissioner following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding.
6) Footing Drains and Sump Pumps:
a. Where necessary, outlets for footing drain laterals are to be provided for each lot. It is the responsibility of the proprietor to provide upon each lot a marker or monument which indicates the location of a sump pump lateral access point. Laterals are to be constructed of Green, schedule 40 PVC or an approved equivalent. The Commissioner does not warranty long term operation or maintenance of footing drains or their laterals.
b. Water from such sources as eaves troughs and footing drains shall be directed to footing drain laterals provided for the lots. If no lateral is provided, the lot owner shall discharge said water in such a manner as to not impact neighboring land, lots or public streets.
c. Laundry facilities or other similar features shall not be connected to a footing drain or pump system discharging to footing laterals and the storm sewer system. Laundry facilities and interior sump pumps must be drained to the sewage disposal system.
D. Disclaimer: The Developer, their members, officers, directors, agents, employees, representatives, contractors, engineers and the Ottawa County Drain Commissioner, make no representation or warranty of any kind, express or implied, relative to flooding or backyard surface drainage of storm water on any Lot. Each individual Lot Owner shall be solely responsible for these items.
E. It is intended to maintain the existing character and nature of the swale crossing Country Living Estates, while providing the free flow of drainage from up stream properties and Country Living Estates. Any maintenance activity by the Homeowners association, or individual homeowners, other than removing dead fall, branches, debris or trash shall be in accordance with Section 1 5. 1 F below.
F. Any earth change or drainage modification within the park areas” or “drainage easements” shall be approved and/or permitted by the Ottawa County Drain Commissioner, Michigan Department of Environmental Quality and/or Ottawa County Soil Erosion and Sedimentation Control.
IN WITNESS WHEREOF, the Developer has executed this Declaration of Covenants, Conditions and Restrictions as of this 9 day of , 2002.
REDCO LLC
Limited Liability Company (No. B04-742)
5623 Balsam Drive
Hudsonville, Ml 49426