Century Farm Subdivision
Declaration of Covenants and Restrictions
THE DECLARATION OF COVENANTS AND RESTRICTIONS, hereinafter
referred to as the "Declaration" made this 18th day of April ,
1974, by NATIONAL HOUSING CORPORATION, a Michigan corporation,
hereinafter referred to as the "Declarant", whose address, for purposes
hereof, is 3131 3 Northwestern Highway, Suite 100, Farmington Hills,
Michigan 48024.
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated
in the CHARTER TOWNSHIP OF CANTON, Wayne County, Michigan, more
particularly described as follows:
Century Farm Subdivision, Part of the S.E-. 1/4 of Sec. 23, T.2S., R.8E.,
Canton Twp., Wayne Co., Michigan, comprising lots 1 thru 164, both
inclusive, Century Farm Park "A" and "B" (Private Parks), Beginning at a
point distant, S 89° 48110" W. 47.70 feet from the S.E. corner of said
Sec. 23; Thence continuing s 89° 48' 10" W. 1241.77 feet along the
South line of Sec. 23, T. 2 S., R. 8 E., also being center line of Palmer
Road Originally 66 feet wide; thence NO0 IT 38" W in part along the
boundary of Stonegate Subdivision in Liber 95, Page 1, 2, 3, and 4
Wayne Country Records 2671.01 feet to a point on the E & W 1/4 line of
said Sec. 23; thence N 89° 37T 08" E. 771.55 feet along said E &W 1/4
Sec. line, also being the center-line of the Truesdefl Drain; thence S 0°
Olf 29" W, 165.00 feet; thence N 89° 371 08" E. 473.87 feet to a
point on the Westerly R.O.W. line of Haggerty Road 120 feet wide;
thence S 0° 071 30" E. 335.00 feet along sard line, thence S 89° 52'
30" W. 374.20 feet; thence S 0° 071 30" E. 555.00 feet; thence N
89° 521 30" E. 374.20 feet to a point on the Westerly R.O.W. line of
said Haggerty Road; thence S 0° 071 30" E. 1620.01 feet along said
R.O.W. line to the point of beginning, consisting of 164 lots and two
private parks, the area of the parcel herein described being 69.72 acres.
The Plat of which is recorded in Liber 95, Pages 36, 37K38 and 39,
Wayne County Records.
WHEREAS, the Declarant desires to create thereon, together with such
additions as may hereafter be made thereto, a residential community
with permanent park, open space and common facilities for the benefit
of such residential community; and
WHEREAS, the Declarant desires to provide for the preservation of the
value of and amenities in such residential community, and for the
preservation and permanent maintenance of the park, open space and
common facilities therein; and
WHEREAS, the Declarant desires to subject the real property described
above to the covenants, restrictions, easements, charges and liens,
hereinafter set forth, each of which is for the benefit of and shall run
with and bind the said real property and each owner thereof; and
WHEREAS, the Declarant deems it desirable, for the benefit of such
residential community, to create an agency to which shall be delegated
and assigned the powers of maintaining and administering the park,
open space and summer facilities, and of administering and enforcing
the covenants, restrictions, easements, charges and liens set forth in
this Declaration, and of collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, the Developer has caused to be incorporated under the laws
of the State of Michigan, and a non-profit corporation, CENTURY FARM
ASSOCIATION, for the purpose of exercising the power and functions
aforesaid;
NOW, THEREFORE, the Declarant hereby declares that the real property
described above is, and shall be, held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements, charges and
liens, hereinafter set forth.
Article I
Definitions
Section 1. The following words when used in this Declarations, or in
any Supplemental Declaration, shall have the following meanings:
(a) "DECLARANT1 shall mean and include NATIONAL AMROY HOUSING
CORPORATION, or its assigns.
(b) "ASSOCIATION" shall mean and refer to the CENTURY FARM
ASSOCIATION, and any successor thereto.
(c) 'THE PROPERTIES" shall mean and include CENTURY FARM
SUBDIVISION AND PRIVATE PARK OF CENTURY FARM SUBDIVISION,
described above, and as recorded in Liber 95, Pages 36, 37, 38 and 39,
Wayne County Records, which may, in addition, herein be referred to as
the "Existing Properties".
(d) "COMMON AREA(S)" shall mean and refer to those areas of land
denoted as "PRIVATE PARK(S)" on the recorded Plat as recorded in Liber
95 Pages 36-39, Wayne County Records, of The Properties and intended
to be owned by the Association and to be devoted to the common use
and enjoyment of the owners of The Properties, and any improvements
thereon.
(e) "LOT" shall mean and refer to any parcel of land shown as such
upon any recorded Plat of The Properties as recorded in Liber 95, Pages
36-39, Wayne County Records, with the exception of the Common
Area(s) hereinabove defined, and otherwise thereon of a single-family
dwelling in accordance herewith and shall include such dwelling.
(f) "OWNER" shall mean and refer to the record owner, whether one or
more persons or entities, of the fee simple title to any lot, part of The
Properties, including land contract vendors and land contract vendees;
but not including any mortgagee unless and until such mortgagee shall
have acquired such fee simple title pursuant to foreclosure or any
proceeding or conveyance in lieu of foreclosure. Where more than one
person or entity has an interest in the fee simple title to any lot, the
interests of all such persons collectively shall be that of a single owner.
(g) "MEMBER" shall mean and refer to all those owners who are
members of the Association, as hereinafter set forth.
(h) "FHA" shall mean and refer to the Federal Housing Administration,
United States Department of Housing and Urban Development.
(i) "GENERAL DEVELOPMENT PLAN" shall mean and refer to the plan
submitted by the Developer to the FHA showing, in general, the Existing
Properties and the proposed Additions to the Existing Properties, and
indicating the size and location of each such addition, and the proposed
land uses and additional common area, if any, to be contained within
each such addition.
(j) "DWELLING UNIT" or "DWELLING" other than in connection with a
dwelling on a single-family lot, shall mean a place of habitation such a
each single-family house.
Article II
Property Subject to this Declaration and Additions Thereto
Section 1. Existing Properties. The real property which is, and shall
be, transferred, sold, conveyed and occupied subject to this Declaration
is more particularly described as follows:
Century Farm Subdivision, Part of the S.E. 1/4 of Sec. 23.T.2S., R.8E.r
Canton Twp., Wayne Co., Michigan, comprising lots 1 thru 164, both
inclusive, Century Farm Park "A" and "B" (Private Parks), Beginning at a
point distant, S 89° 48110" W. 47.70 feet from the S.E. corner of said
Sec. 23; Thence continuing s 89° 481 10" W. 1241.77 feet along the
South line of Sec. 23, T. 2 S., R. 8 E., also being center line of Palmer
Road Originally 66 feet wide; thence NO0 IT 38" W in part along the
boundary of Stonegate Subdivision in Liber 95, Page 1,2,3, and 4
Wayne Country Records 2671.01 feet to a point on the E & W 1/4 line of
said Sec. 23; thence N 89° 371 08" E. 771.55 feet along said E&W 1/4
Sec. line, also being the center-line of the Truesdell Drain; thence S 0°
011 29" W, 165.00 feet; thence N 89° 371 08" E. 473.87 feet to a
point on the Westerly R.O.W. line of Haggerty Road 120 feet wide;
thence S 0° 071 30" E. 335.00 feet along said line, thence S 89° 52'
30" W. 374.20 feet; thence S 0° 07' 30" E. 555.00 feet; thence N
89° 521 30" E. 374.20 feet to a point on the Westerly R.O.W. line of
said Haggerty Road; thence S 0° 07' 30" E. 1620.01 feet along said
R.O.W. line to the point of beginning, consisting of 164 lots and two
private parks, the area of the parcel herein described being 69.72 acres.
The Plat of which is recorded in Liber 95, Pages 36, 37, 38 and 39r
Wayne County Records.
Article III
Membership and Voting Rights
Section 1. 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.
Section 2. The Association shall have two classes of voting
membership.
Class A. Class A members shall be all Owners with the exception of
the Declarant and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such
person shall be members. The vote for such Lot shaltbe exercised as
they among themselves determine, but in no event shall more than one
vote be cast with respect to any Lot.
CkssJJ, Class B member(s) shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the Happening
of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal
the total votes outstanding n the Class B membership, or
{b) On December 31, 1975
Article IV
Property Rights in the Common Area(s)
Section 1. Member's easements of Er^joyment. Subject to the
provisions of Section 3 hereof, following, every Member shall have a
right and easement of enjoyment in and to the Common Area(s), and
such easement shall be appurtenant to and shall pass with the title to
every Lot dwelling.
Section 2. Title to Common Area(s). The Declarant may retain legal
title to the Common Area until such time as it has completed the
improvement of the Existing Properties and until such time as, in the
opinion of the Declarant, the Association is able to maintain the same,
but notwithstanding any provision herein contained, the Declarant
hereby covenants that it shall convey the Common Area to the
Association, free and clear of all liens and encumbrances, except
easements and rights-of-way of record after January 1, 1974, prior to
the sale of any Lot.
Section 3. Extent of Member's Easements. The rights and easements
of enjoyment of the Members created herein are, and shall be, subject
to the following:
(a) The right of the Association to charge reasonable admission and
other fees for the use of any recreational facility situated upon the
Common Area(s); and
(b) The right of the Association to suspend the voting and enjoyment
rights of any Member for any period during which any assessment
against his Lot or dwelling remains unpaid, and fora period, not to
exceed thirty (30) days, for any infraction by such Member of its
published rules and regulations; and
(c) The right of the Association to dedicate or transfer all of any part
of the Common Area(s) to any public agency, authority, or utility for
such purposes, and subject to such conditions, as may be agreed to by
the Members, provided that no such dedication of transfer, or
determination as to the conditions thereof, shall be effective unless an
instrument signed by the holders of two-thirds (2/3) of all outstanding
stock has been recorded, agreeing to such dedication of transfer and as
to the conditions thereof; and, provided, further, that no such
dedication or transfer, or determination as to the conditions thereof,
shall be effective unless the prior consent thereto of the CHARTER
TOWNSHIP OF CANTON, Wayne County, Michigan, by and through its
Township Board, shall have first been obtained.
Section 4. Delegation of Use. Any Owner may delegate, in
accordance with the By-Laws of the Association, his right of enjoyment
in and to the Common Area(s) to the members of his family, his tenants,
or to Land Contract Vendees who reside on the property.
Article V
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of
Assessment. The Declarant, for each Lot owned within the Properties,
hereby covenants, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) annual
assessments of charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together
with interest, costs and reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon the property against which
each such assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such property
at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health,
safety, and welfare of the residents in the Properties and for the
improvement and maintenance of the Common Area, and of the homes
situated upon the Properties.
Section 3. Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the
maximum annual assessments shall be Ten Dollar ($10.00) per Lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased each year not more than 3% above the
maximum assessment for the previous year without a vote of the
membership.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased above 3% by a vote of two-thirds (2/3) of
each cfass of members who are voting in person or by proxy, at a
meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an
amount not in excess of the maximum.
Section 4. Special Assessment for Capital Improvements. In addition
to the annual assessments authorized above, the Association may levy,
in any assessment year, a special assessment applicable to that year
only for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair, or replacement of a capital
improvement upon the Common Area, including fixtures and personal
property related thereto, provided that any such assessment shall have
the assent of two-thirds (2/3) of the votes of each class of members
who are voting in person or by proxy at a meeting duly called for this
purpose. Provided, however, the annual assessment shall not be used
for construction of capital improvements during the period.
Section 5. Notice and Quorum for Any Action Authorized Under
Sections 3 and 4. Written notice of any meeting called for the purpose
of taking any action authorized under Section 3 or 4 shall be sent to all
members not less than 30 days nor more and 60 days in advance of the
meeting. At the first such meeting called, the presence of members or
of proxies entitled to case sixty percent (60%) of all the votes of each
class of membership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than 60 days
following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots and may be .
collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Date.
The annual assessments provided for herein shall commence as to all
Lots on the first day of the month following the conveyance of the
Common Area. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Board
of Directors. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the association
setting forth whether the assessments on a specified Lot have been
paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment not paid within thirty (30) days after the
due date shall bear interest from the dues date at the rate of 6 percent
(6%) per annum. The Association may bring an action at law against the
Owner personally obligated to pay the same, or foreclose the lien
against the property. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common
Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of
assessments provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such assessments 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
thereof.
Article VI
Restriction Upon User Occupancy, Etc.
Section 1. Single-Family Detached Dwelling.
(a) Lot Nos. 1 through 162, both inclusive, shall be designated as
"single-family detached" lots and shall be used only for residential
purposes. No building shall be erected, altered, placed or permitted to
remain on the said lot other than one (1) detached single-family
dwelling not to exceed two (2) stories in height and a private garage for
not more than three (3) cars for the sole use of the owner or occupant
of said lot upon which such single-family dwelling and garage shall
have been erected; and subject, further, to additional Covenants and
Restrictions hereinafter set forth and imposed upon and against said
lots.
(b) The ground floor area of the main dwelling structure of a
single-family detached dwelling shall be not less than eight hundred
(800) square feet of a one-story dwelling, nor less than seven hundred
twenty {720) square feet in the case of a one and one-half story
dwelling, nor less than six hundred twenty-four (624) square feet in the
case of a two-story dwelling and, further, there shall be not less than a
combined total of seven hundred twenty (720) square feet on the grade
and upper levels of a split level dwelling provided, however that within
each dwelling structure there shall be a minimum floor area of eight
hundred (800) square feet, measured from the exterior faces of the
exterior walls, exclusive of the area of basements, unfinished attics,
attached garages, breeze ways, enclosed and unenclosed porches.
(c) No single-family detached dwelling shall be erected or placed on
any lot having a width of less than sixty (60) feet at the minimum front
building setback line, nor shall any swelling be erected or placed on any
lot having an area less than seven thousand two hundred (7,200)
square feet, provided, however, that if any of the above described lot
shall be reduced in total area to less than seven thousand two hundred
(7,200) square feet by the taking, use or purchase of a portion thereof
for a public purpose by a public agency, this provision shall not apply to
prohibit the construction of a dwelling upon such lot as reduced in size.
(d) The habitable ground floor (excluding basements, porches,
breezeways and garages) shall be not lower than U.S.C.G.S. grade
elevation 670.7. Openings into the basement shall be not lower than
U.S.C.G.S. grade elevation 669.6. Basement walls and floors shall be
watertight and reinforced to withstand hydrostatic pressures* A
positive means of preventing back-up sewer lines and drains which
serve the building shall be provided. Proper anchorage to prevent
flotation shall be provided,
Section 2. Yard Requirements.
(a) No building shall be located on any lot nearer than twenty-five
(25) feet to the front line or nearer than twenty-five (25) feet to a side
street lot line, in the case of a corner lot, provided, however, that where
a corner lot shares a common rear yard relationship with the lot
immediately to the rear thereof, and a common side yard relationship
with the block directly across the common separating street, a
minimum side yard of ten (10) feet on the street side of such lot shall
be permitted. Garage locations on interior and corner lots shall
conform to the setback requirements for the main dwelling structure.
(b) Except as above and hereinafter set forth, all single-family
detached dwelling structure shall be so located and erected upon the
lot as to provide a minimum side yard on one (1) side thereof not less
than five (5) feet and the combined total of two (2) side yards on such
lot shall not be less than fifteen (15) feet; provided, however, that in
the case of a dwelling structure without an attached garage, there shall
be a minimum side yard of at least ten (10) feet on the drive side of the
lot and a minimum side yard of at least five (5) feet on the opposite side
thereof.
(c) Provided, further, that with the approval of the appropriate official
agencies of the CHARTER TOWNSHIP OF CANTON, or its successor, a
dwelling structure with an attached garage facing the street may be so
located and erected upon the lot as to provide a combined total for the
for the two (2) side yards on each such lot of not less than ten (10) feet,
with a minimum side yard of at least five (5) feet on each side thereof.
Section 3. The exterior walls of all dwelling structures shall be
constructed of brick or brick veneer or stone, or wood or siding or a
combination thereof, provided, however, that the use of wood or other
building materials such as aluminum of asbestos siding, but not
including stucco, on the rears or sides of such structures, in gable ends,
on bays and overhangs, or above the window sills and for trim,
decorative and architectural design purposes, shall be permitted.
Section 4. Easements for the construction, installation and
maintenance of public utilities, and for surface drainage facilities, and
for sanitary sewer, storm sewer and water main facilities, are reserved
as shown on the recorded Plat and/or as may otherwise appear of
record, and as set forth herein. In addition, easements are hereby
specifically reserved to the undersigned and their assigns; in, through
and across a strip of land six (6) feet in width along all rear lot lines and
in, through and across a strip of land three (3) feet in width along at)
side lot or site lines for the installation, where necessary, and
maintenance of telephone and electric lines and conduits, sanitary and
storm sewers, water mains, gas lines, and for surface drainage
purposes, and for the use of any public utility service deemed
necessary or advisable by the undersigned. The use of such easements,
or parts thereof, may be assigned by the undersigned at any time, to
any person, firm, corporation, governmental agency or municipal
authority or department furnishing one or more of the foregoing
services and/or facilities, and any such easement herein reserved may
be relinquished and waived, in whole or in part, by the undersigned by
the filing for record of an appropriate instrument of relinquishment.
Within all of the foregoing easements, no structure, planting, or other
material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of such service facilities
and utilities, including underground electrical and telephone local
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distribution systems, or which may change, obstruct or retard the flow
or direction of water in and through drainage channels in the
easements nor shall any change, which may obstruct or retard the flow
of surface water or be detrimental to the property of others, be made
by the occupant in the finished grade of any lot once established by
builder upon completion of construction of the house thereon. The
easement area of each lot and all improvements in it shalt be
maintained in a presentable condition continuously by the owner of the
lot, except for those utilities for which a public authority or utility
company is responsible, and the owner of the lot shall be liable for
damage to service facilities and utilities thereon, including damage to
electric, gas, and telephone distribution lines and facilities therein.
Section 5. All lots within The Properties shall have a lawn installed
and shrubbery planted by the owner thereof within one (1) year after
the completion of the dwelling structure located thereon, to eliminate
or minimize erosion.
Section 6. All public utilities such as water mains, sanitary sewers,
storm sewers, gas mains, electric and telephone local subdivision
distribution lines, and all connections to same, either private or
otherwise, shall be installed underground; provided, however that
above ground transformers, pedestals, cable and/or feeder pole lines,
and other above ground electric and telephone utility equipment
associated with or deemed necessary by The Detroit Edison Company
and the Michigan Bell Telephone Company, or the undersigned, for
underground utility installations and distribution systems, and surface
and off-site open drainage channels and facilities, as well as street
lighting stanchions, shall be permitted. The said LOTS 1 through 162,
both inclusive, above described, are, in addition, subject to the terms of
an Agreement and to the terms of an Easement Grant and Declaration of
Restrictions in each case, between the undersigned and The Detroit
Edison Company and the Michigan Bell Telephone Company, which
instruments may now be or will hereafter be recorded in the Wayne
County Records, and in each case relating to the installation and
maintenance of underground electric and communication service and
facilities, and which instruments are, by this reference, incorporated
herein.
Section 7. No fence or wall shall be erected, placed or altered on
any lot nearer to the front street than the front building setback line, or
nearer to the side street on corner lots than the side building setback
line, and, provided, further, that no fence more than forty-eight (48)
inches in height shall be constructed, except that solid fences or walls
erected for the purpose of creating privacy for the occupant of a lot
may be constructed to, but shaJI not exceed seventy-two (72) inches in
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height, and may be located only along rear lot lines and side lot lines
no closer than the rear of the building on such lot and not beyond the
side building setback line on the street side in the case of a corner lot.
Section 8. Anything herein contained to the contrary
notwithstanding, the undersigned, its successors and assigns, its or
their agents, employees and sales representatives may use and occupy
any lot or house built in The Properties as a sales office for the handling
of sales of lots and/or houses therein or other lands in the TOWNSHIP
OF CANTON owned by the undersigned, until all of the lots and/or
houses to be built on said lands shall have been sold, and, further, may
construct fences otherwise in violation of SECTION 7 above in front of,
or along side of model or display houses during such sales period;
provided, however, that at such time as such model or display house is
sold, any such fence of portion thereof otherwise in violation of
SECTION 7 above shall be removed by the builder of such model or
display house.
Section 9. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
Section 1Q. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be used on any lot
at any time as a residence either temporarily or permanently.
Section 11. No sign of any kind shall be displayed to the public view
on any lot except one professional sign of not more than one (1) square
foot, one sign of not more than five (5) square feet advertising the
property for sale or rent, or signs of any size used by the builder or
developer to advertise the property during the construction and sales
period above described.
Section 12. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except that dogs, cats, or other
household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose.
Section 1 3. No lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage or other wastes shall not be kept except in
sanitary containers. All incinerators or other equipment for the storage
or disposal of such material shall be kept in a clean and sanitary
condition. Incinerators shall be of a type which minimize offensive
odors when in use.
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Section 14. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line
connecting them at points twenty-five (25) feet from the intersection of
the street lines, or in the case of a rounded property corner from the
intersection of a street property line extended. The same sight line
limitation shall apply on any lot within ten (10) feet from the
intersection of a street property line with the edge of a driveway of
alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Section 15. The owner and/or occupant of each lot shall maintain the
surface area and easements within his property, to keep grass and
weeds cut, to keep the area free of trash and debris, and, further shall
take such action as may be necessary to eliminate or minimize surface
erosion.
Article VlI
General Provisions
Section 1. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty (20)
years for the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods often (10) years.
This Declaration may be amended the first twenty (20) years period by
an instrument signed by not less than ninety percent (90%) of the Lot
Owners, and thereafter by an instrument signed by not less than
seventy-five percent (75%) of the Lot Owners. Any amendment must be
recorded.
Section 2. Notices. Any notice required to be sent to any Member or
Owner under the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postpaid, to the last known address of
the person who appears as Member or Owner on the records of the
Association at the time of such mailing.
Section 3. Enforcement. Enforcement of these covenants and
restrictions shall be by any proceeding at law or in equity against any
person or persons violation or attempting to violate any covenant or
restriction, either to restrain violation or to recover damages, and
against the land to enforce any lien created by these covenants; and
failure by the Association or any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the
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right to do so thereafter. The foregoing Covenants and Restrictions
may be enforced, in the manner permitted by law, by any person or
persons owning real property within Century Farm Subdivision and by
any public body having jurisdiction under the provisions of Section 254
of Act No. 288, Public Acts of 1967 of the State of Michigan, against
anyone who acquires an interest in the land subject to these Covenants
and Restrictions.
Section 4. Annexation. Additional residential property and Common
Area may be annexed to the Properties with the consent of two-thirds
(2/3) of each class of members.
Section 5. FHA/VA Approval. As long as there is a Class B
membership, the following actions will require the prior approval of the
Federal Housing Administration of the Veterans Administration:
Annexation of additional properties, dedication of Common Area, and
amendment of this Declaration of Covenants, Conditions and
Restrictions.
Section 6. Exception. Provided, however, notwithstanding anything
contained herein to the contrary, Lot 163 shall be for multiple use only
and Lot 164 shall be for commercial use only. Further, as to Lots 163
and 164, all restrictions, terms and covenants herein shall not apply.
Witness: NATIONAL HOUSING CORPORATION,
a Michigan corporation,
Shirley Dyan
By
Samuel S. Bankle
Its President
Janine L. Alioto
By
Myron Schefman
Its Secretary
By
Eric
Bank of the Commonwealth
Its Loan Officer
14
STATE OF MICHIGAN )
)ss.
COUNTY OF Oakland )
On this _Slh_ day of May r 1974, before me, a Notary Public in and
for said County, personally appeared Samuel S. Bankle and
Myron Schefmen to me personally known, who, being by me duly
sworn, did each for himself say they are respectively the President
and Secretary of NATIONAL HOUSING CORPORATION, a Michigan
Corporation, the corporation named in and which executed the within
instrument, and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its board of
directors; and said instrument is the free act and deed of said
corporation.
Notary Public,
Michigan
My commission expires:
County,
Drafted by and when
recorded return to:
Robert Friedman
17117 West Nine Mile Road
Sixteenth Floor
Southfiefd, Michigan 48075
Notary Public,
Michigan
My commission expires:
County,
15
Declaration of Covenants and Restrictions
THE DECLARATION OF COVENANTS AND RESTRICTIONS, hereinafter
referred to as the "Declaration" made this 18th day of April ,
1974, by NATIONAL HOUSING CORPORATION, a Michigan corporation,
hereinafter referred to as the "Declarant", whose address, for purposes
hereof, is 3131 3 Northwestern Highway, Suite 100, Farmington Hills,
Michigan 48024.
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated
in the CHARTER TOWNSHIP OF CANTON, Wayne County, Michigan, more
particularly described as follows:
Century Farm Subdivision, Part of the S.E-. 1/4 of Sec. 23, T.2S., R.8E.,
Canton Twp., Wayne Co., Michigan, comprising lots 1 thru 164, both
inclusive, Century Farm Park "A" and "B" (Private Parks), Beginning at a
point distant, S 89° 48110" W. 47.70 feet from the S.E. corner of said
Sec. 23; Thence continuing s 89° 48' 10" W. 1241.77 feet along the
South line of Sec. 23, T. 2 S., R. 8 E., also being center line of Palmer
Road Originally 66 feet wide; thence NO0 IT 38" W in part along the
boundary of Stonegate Subdivision in Liber 95, Page 1, 2, 3, and 4
Wayne Country Records 2671.01 feet to a point on the E & W 1/4 line of
said Sec. 23; thence N 89° 37T 08" E. 771.55 feet along said E &W 1/4
Sec. line, also being the center-line of the Truesdefl Drain; thence S 0°
Olf 29" W, 165.00 feet; thence N 89° 371 08" E. 473.87 feet to a
point on the Westerly R.O.W. line of Haggerty Road 120 feet wide;
thence S 0° 071 30" E. 335.00 feet along sard line, thence S 89° 52'
30" W. 374.20 feet; thence S 0° 071 30" E. 555.00 feet; thence N
89° 521 30" E. 374.20 feet to a point on the Westerly R.O.W. line of
said Haggerty Road; thence S 0° 071 30" E. 1620.01 feet along said
R.O.W. line to the point of beginning, consisting of 164 lots and two
private parks, the area of the parcel herein described being 69.72 acres.
The Plat of which is recorded in Liber 95, Pages 36, 37K38 and 39,
Wayne County Records.
WHEREAS, the Declarant desires to create thereon, together with such
additions as may hereafter be made thereto, a residential community
with permanent park, open space and common facilities for the benefit
of such residential community; and
WHEREAS, the Declarant desires to provide for the preservation of the
value of and amenities in such residential community, and for the
preservation and permanent maintenance of the park, open space and
common facilities therein; and
WHEREAS, the Declarant desires to subject the real property described
above to the covenants, restrictions, easements, charges and liens,
hereinafter set forth, each of which is for the benefit of and shall run
with and bind the said real property and each owner thereof; and
WHEREAS, the Declarant deems it desirable, for the benefit of such
residential community, to create an agency to which shall be delegated
and assigned the powers of maintaining and administering the park,
open space and summer facilities, and of administering and enforcing
the covenants, restrictions, easements, charges and liens set forth in
this Declaration, and of collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, the Developer has caused to be incorporated under the laws
of the State of Michigan, and a non-profit corporation, CENTURY FARM
ASSOCIATION, for the purpose of exercising the power and functions
aforesaid;
NOW, THEREFORE, the Declarant hereby declares that the real property
described above is, and shall be, held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements, charges and
liens, hereinafter set forth.
Article I
Definitions
Section 1. The following words when used in this Declarations, or in
any Supplemental Declaration, shall have the following meanings:
(a) "DECLARANT1 shall mean and include NATIONAL AMROY HOUSING
CORPORATION, or its assigns.
(b) "ASSOCIATION" shall mean and refer to the CENTURY FARM
ASSOCIATION, and any successor thereto.
(c) 'THE PROPERTIES" shall mean and include CENTURY FARM
SUBDIVISION AND PRIVATE PARK OF CENTURY FARM SUBDIVISION,
described above, and as recorded in Liber 95, Pages 36, 37, 38 and 39,
Wayne County Records, which may, in addition, herein be referred to as
the "Existing Properties".
(d) "COMMON AREA(S)" shall mean and refer to those areas of land
denoted as "PRIVATE PARK(S)" on the recorded Plat as recorded in Liber
95 Pages 36-39, Wayne County Records, of The Properties and intended
to be owned by the Association and to be devoted to the common use
and enjoyment of the owners of The Properties, and any improvements
thereon.
(e) "LOT" shall mean and refer to any parcel of land shown as such
upon any recorded Plat of The Properties as recorded in Liber 95, Pages
36-39, Wayne County Records, with the exception of the Common
Area(s) hereinabove defined, and otherwise thereon of a single-family
dwelling in accordance herewith and shall include such dwelling.
(f) "OWNER" shall mean and refer to the record owner, whether one or
more persons or entities, of the fee simple title to any lot, part of The
Properties, including land contract vendors and land contract vendees;
but not including any mortgagee unless and until such mortgagee shall
have acquired such fee simple title pursuant to foreclosure or any
proceeding or conveyance in lieu of foreclosure. Where more than one
person or entity has an interest in the fee simple title to any lot, the
interests of all such persons collectively shall be that of a single owner.
(g) "MEMBER" shall mean and refer to all those owners who are
members of the Association, as hereinafter set forth.
(h) "FHA" shall mean and refer to the Federal Housing Administration,
United States Department of Housing and Urban Development.
(i) "GENERAL DEVELOPMENT PLAN" shall mean and refer to the plan
submitted by the Developer to the FHA showing, in general, the Existing
Properties and the proposed Additions to the Existing Properties, and
indicating the size and location of each such addition, and the proposed
land uses and additional common area, if any, to be contained within
each such addition.
(j) "DWELLING UNIT" or "DWELLING" other than in connection with a
dwelling on a single-family lot, shall mean a place of habitation such a
each single-family house.
Article II
Property Subject to this Declaration and Additions Thereto
Section 1. Existing Properties. The real property which is, and shall
be, transferred, sold, conveyed and occupied subject to this Declaration
is more particularly described as follows:
Century Farm Subdivision, Part of the S.E. 1/4 of Sec. 23.T.2S., R.8E.r
Canton Twp., Wayne Co., Michigan, comprising lots 1 thru 164, both
inclusive, Century Farm Park "A" and "B" (Private Parks), Beginning at a
point distant, S 89° 48110" W. 47.70 feet from the S.E. corner of said
Sec. 23; Thence continuing s 89° 481 10" W. 1241.77 feet along the
South line of Sec. 23, T. 2 S., R. 8 E., also being center line of Palmer
Road Originally 66 feet wide; thence NO0 IT 38" W in part along the
boundary of Stonegate Subdivision in Liber 95, Page 1,2,3, and 4
Wayne Country Records 2671.01 feet to a point on the E & W 1/4 line of
said Sec. 23; thence N 89° 371 08" E. 771.55 feet along said E&W 1/4
Sec. line, also being the center-line of the Truesdell Drain; thence S 0°
011 29" W, 165.00 feet; thence N 89° 371 08" E. 473.87 feet to a
point on the Westerly R.O.W. line of Haggerty Road 120 feet wide;
thence S 0° 071 30" E. 335.00 feet along said line, thence S 89° 52'
30" W. 374.20 feet; thence S 0° 07' 30" E. 555.00 feet; thence N
89° 521 30" E. 374.20 feet to a point on the Westerly R.O.W. line of
said Haggerty Road; thence S 0° 07' 30" E. 1620.01 feet along said
R.O.W. line to the point of beginning, consisting of 164 lots and two
private parks, the area of the parcel herein described being 69.72 acres.
The Plat of which is recorded in Liber 95, Pages 36, 37, 38 and 39r
Wayne County Records.
Article III
Membership and Voting Rights
Section 1. 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.
Section 2. The Association shall have two classes of voting
membership.
Class A. Class A members shall be all Owners with the exception of
the Declarant and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such
person shall be members. The vote for such Lot shaltbe exercised as
they among themselves determine, but in no event shall more than one
vote be cast with respect to any Lot.
CkssJJ, Class B member(s) shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the Happening
of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal
the total votes outstanding n the Class B membership, or
{b) On December 31, 1975
Article IV
Property Rights in the Common Area(s)
Section 1. Member's easements of Er^joyment. Subject to the
provisions of Section 3 hereof, following, every Member shall have a
right and easement of enjoyment in and to the Common Area(s), and
such easement shall be appurtenant to and shall pass with the title to
every Lot dwelling.
Section 2. Title to Common Area(s). The Declarant may retain legal
title to the Common Area until such time as it has completed the
improvement of the Existing Properties and until such time as, in the
opinion of the Declarant, the Association is able to maintain the same,
but notwithstanding any provision herein contained, the Declarant
hereby covenants that it shall convey the Common Area to the
Association, free and clear of all liens and encumbrances, except
easements and rights-of-way of record after January 1, 1974, prior to
the sale of any Lot.
Section 3. Extent of Member's Easements. The rights and easements
of enjoyment of the Members created herein are, and shall be, subject
to the following:
(a) The right of the Association to charge reasonable admission and
other fees for the use of any recreational facility situated upon the
Common Area(s); and
(b) The right of the Association to suspend the voting and enjoyment
rights of any Member for any period during which any assessment
against his Lot or dwelling remains unpaid, and fora period, not to
exceed thirty (30) days, for any infraction by such Member of its
published rules and regulations; and
(c) The right of the Association to dedicate or transfer all of any part
of the Common Area(s) to any public agency, authority, or utility for
such purposes, and subject to such conditions, as may be agreed to by
the Members, provided that no such dedication of transfer, or
determination as to the conditions thereof, shall be effective unless an
instrument signed by the holders of two-thirds (2/3) of all outstanding
stock has been recorded, agreeing to such dedication of transfer and as
to the conditions thereof; and, provided, further, that no such
dedication or transfer, or determination as to the conditions thereof,
shall be effective unless the prior consent thereto of the CHARTER
TOWNSHIP OF CANTON, Wayne County, Michigan, by and through its
Township Board, shall have first been obtained.
Section 4. Delegation of Use. Any Owner may delegate, in
accordance with the By-Laws of the Association, his right of enjoyment
in and to the Common Area(s) to the members of his family, his tenants,
or to Land Contract Vendees who reside on the property.
Article V
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of
Assessment. The Declarant, for each Lot owned within the Properties,
hereby covenants, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) annual
assessments of charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together
with interest, costs and reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon the property against which
each such assessment is made. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such property
at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health,
safety, and welfare of the residents in the Properties and for the
improvement and maintenance of the Common Area, and of the homes
situated upon the Properties.
Section 3. Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an Owner, the
maximum annual assessments shall be Ten Dollar ($10.00) per Lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased each year not more than 3% above the
maximum assessment for the previous year without a vote of the
membership.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual
assessment may be increased above 3% by a vote of two-thirds (2/3) of
each cfass of members who are voting in person or by proxy, at a
meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an
amount not in excess of the maximum.
Section 4. Special Assessment for Capital Improvements. In addition
to the annual assessments authorized above, the Association may levy,
in any assessment year, a special assessment applicable to that year
only for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair, or replacement of a capital
improvement upon the Common Area, including fixtures and personal
property related thereto, provided that any such assessment shall have
the assent of two-thirds (2/3) of the votes of each class of members
who are voting in person or by proxy at a meeting duly called for this
purpose. Provided, however, the annual assessment shall not be used
for construction of capital improvements during the period.
Section 5. Notice and Quorum for Any Action Authorized Under
Sections 3 and 4. Written notice of any meeting called for the purpose
of taking any action authorized under Section 3 or 4 shall be sent to all
members not less than 30 days nor more and 60 days in advance of the
meeting. At the first such meeting called, the presence of members or
of proxies entitled to case sixty percent (60%) of all the votes of each
class of membership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than 60 days
following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots and may be .
collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Date.
The annual assessments provided for herein shall commence as to all
Lots on the first day of the month following the conveyance of the
Common Area. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Board
of Directors. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the association
setting forth whether the assessments on a specified Lot have been
paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment not paid within thirty (30) days after the
due date shall bear interest from the dues date at the rate of 6 percent
(6%) per annum. The Association may bring an action at law against the
Owner personally obligated to pay the same, or foreclose the lien
against the property. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common
Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of
assessments provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such assessments 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
thereof.
Article VI
Restriction Upon User Occupancy, Etc.
Section 1. Single-Family Detached Dwelling.
(a) Lot Nos. 1 through 162, both inclusive, shall be designated as
"single-family detached" lots and shall be used only for residential
purposes. No building shall be erected, altered, placed or permitted to
remain on the said lot other than one (1) detached single-family
dwelling not to exceed two (2) stories in height and a private garage for
not more than three (3) cars for the sole use of the owner or occupant
of said lot upon which such single-family dwelling and garage shall
have been erected; and subject, further, to additional Covenants and
Restrictions hereinafter set forth and imposed upon and against said
lots.
(b) The ground floor area of the main dwelling structure of a
single-family detached dwelling shall be not less than eight hundred
(800) square feet of a one-story dwelling, nor less than seven hundred
twenty {720) square feet in the case of a one and one-half story
dwelling, nor less than six hundred twenty-four (624) square feet in the
case of a two-story dwelling and, further, there shall be not less than a
combined total of seven hundred twenty (720) square feet on the grade
and upper levels of a split level dwelling provided, however that within
each dwelling structure there shall be a minimum floor area of eight
hundred (800) square feet, measured from the exterior faces of the
exterior walls, exclusive of the area of basements, unfinished attics,
attached garages, breeze ways, enclosed and unenclosed porches.
(c) No single-family detached dwelling shall be erected or placed on
any lot having a width of less than sixty (60) feet at the minimum front
building setback line, nor shall any swelling be erected or placed on any
lot having an area less than seven thousand two hundred (7,200)
square feet, provided, however, that if any of the above described lot
shall be reduced in total area to less than seven thousand two hundred
(7,200) square feet by the taking, use or purchase of a portion thereof
for a public purpose by a public agency, this provision shall not apply to
prohibit the construction of a dwelling upon such lot as reduced in size.
(d) The habitable ground floor (excluding basements, porches,
breezeways and garages) shall be not lower than U.S.C.G.S. grade
elevation 670.7. Openings into the basement shall be not lower than
U.S.C.G.S. grade elevation 669.6. Basement walls and floors shall be
watertight and reinforced to withstand hydrostatic pressures* A
positive means of preventing back-up sewer lines and drains which
serve the building shall be provided. Proper anchorage to prevent
flotation shall be provided,
Section 2. Yard Requirements.
(a) No building shall be located on any lot nearer than twenty-five
(25) feet to the front line or nearer than twenty-five (25) feet to a side
street lot line, in the case of a corner lot, provided, however, that where
a corner lot shares a common rear yard relationship with the lot
immediately to the rear thereof, and a common side yard relationship
with the block directly across the common separating street, a
minimum side yard of ten (10) feet on the street side of such lot shall
be permitted. Garage locations on interior and corner lots shall
conform to the setback requirements for the main dwelling structure.
(b) Except as above and hereinafter set forth, all single-family
detached dwelling structure shall be so located and erected upon the
lot as to provide a minimum side yard on one (1) side thereof not less
than five (5) feet and the combined total of two (2) side yards on such
lot shall not be less than fifteen (15) feet; provided, however, that in
the case of a dwelling structure without an attached garage, there shall
be a minimum side yard of at least ten (10) feet on the drive side of the
lot and a minimum side yard of at least five (5) feet on the opposite side
thereof.
(c) Provided, further, that with the approval of the appropriate official
agencies of the CHARTER TOWNSHIP OF CANTON, or its successor, a
dwelling structure with an attached garage facing the street may be so
located and erected upon the lot as to provide a combined total for the
for the two (2) side yards on each such lot of not less than ten (10) feet,
with a minimum side yard of at least five (5) feet on each side thereof.
Section 3. The exterior walls of all dwelling structures shall be
constructed of brick or brick veneer or stone, or wood or siding or a
combination thereof, provided, however, that the use of wood or other
building materials such as aluminum of asbestos siding, but not
including stucco, on the rears or sides of such structures, in gable ends,
on bays and overhangs, or above the window sills and for trim,
decorative and architectural design purposes, shall be permitted.
Section 4. Easements for the construction, installation and
maintenance of public utilities, and for surface drainage facilities, and
for sanitary sewer, storm sewer and water main facilities, are reserved
as shown on the recorded Plat and/or as may otherwise appear of
record, and as set forth herein. In addition, easements are hereby
specifically reserved to the undersigned and their assigns; in, through
and across a strip of land six (6) feet in width along all rear lot lines and
in, through and across a strip of land three (3) feet in width along at)
side lot or site lines for the installation, where necessary, and
maintenance of telephone and electric lines and conduits, sanitary and
storm sewers, water mains, gas lines, and for surface drainage
purposes, and for the use of any public utility service deemed
necessary or advisable by the undersigned. The use of such easements,
or parts thereof, may be assigned by the undersigned at any time, to
any person, firm, corporation, governmental agency or municipal
authority or department furnishing one or more of the foregoing
services and/or facilities, and any such easement herein reserved may
be relinquished and waived, in whole or in part, by the undersigned by
the filing for record of an appropriate instrument of relinquishment.
Within all of the foregoing easements, no structure, planting, or other
material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of such service facilities
and utilities, including underground electrical and telephone local
10
distribution systems, or which may change, obstruct or retard the flow
or direction of water in and through drainage channels in the
easements nor shall any change, which may obstruct or retard the flow
of surface water or be detrimental to the property of others, be made
by the occupant in the finished grade of any lot once established by
builder upon completion of construction of the house thereon. The
easement area of each lot and all improvements in it shalt be
maintained in a presentable condition continuously by the owner of the
lot, except for those utilities for which a public authority or utility
company is responsible, and the owner of the lot shall be liable for
damage to service facilities and utilities thereon, including damage to
electric, gas, and telephone distribution lines and facilities therein.
Section 5. All lots within The Properties shall have a lawn installed
and shrubbery planted by the owner thereof within one (1) year after
the completion of the dwelling structure located thereon, to eliminate
or minimize erosion.
Section 6. All public utilities such as water mains, sanitary sewers,
storm sewers, gas mains, electric and telephone local subdivision
distribution lines, and all connections to same, either private or
otherwise, shall be installed underground; provided, however that
above ground transformers, pedestals, cable and/or feeder pole lines,
and other above ground electric and telephone utility equipment
associated with or deemed necessary by The Detroit Edison Company
and the Michigan Bell Telephone Company, or the undersigned, for
underground utility installations and distribution systems, and surface
and off-site open drainage channels and facilities, as well as street
lighting stanchions, shall be permitted. The said LOTS 1 through 162,
both inclusive, above described, are, in addition, subject to the terms of
an Agreement and to the terms of an Easement Grant and Declaration of
Restrictions in each case, between the undersigned and The Detroit
Edison Company and the Michigan Bell Telephone Company, which
instruments may now be or will hereafter be recorded in the Wayne
County Records, and in each case relating to the installation and
maintenance of underground electric and communication service and
facilities, and which instruments are, by this reference, incorporated
herein.
Section 7. No fence or wall shall be erected, placed or altered on
any lot nearer to the front street than the front building setback line, or
nearer to the side street on corner lots than the side building setback
line, and, provided, further, that no fence more than forty-eight (48)
inches in height shall be constructed, except that solid fences or walls
erected for the purpose of creating privacy for the occupant of a lot
may be constructed to, but shaJI not exceed seventy-two (72) inches in
11
height, and may be located only along rear lot lines and side lot lines
no closer than the rear of the building on such lot and not beyond the
side building setback line on the street side in the case of a corner lot.
Section 8. Anything herein contained to the contrary
notwithstanding, the undersigned, its successors and assigns, its or
their agents, employees and sales representatives may use and occupy
any lot or house built in The Properties as a sales office for the handling
of sales of lots and/or houses therein or other lands in the TOWNSHIP
OF CANTON owned by the undersigned, until all of the lots and/or
houses to be built on said lands shall have been sold, and, further, may
construct fences otherwise in violation of SECTION 7 above in front of,
or along side of model or display houses during such sales period;
provided, however, that at such time as such model or display house is
sold, any such fence of portion thereof otherwise in violation of
SECTION 7 above shall be removed by the builder of such model or
display house.
Section 9. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
Section 1Q. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be used on any lot
at any time as a residence either temporarily or permanently.
Section 11. No sign of any kind shall be displayed to the public view
on any lot except one professional sign of not more than one (1) square
foot, one sign of not more than five (5) square feet advertising the
property for sale or rent, or signs of any size used by the builder or
developer to advertise the property during the construction and sales
period above described.
Section 12. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except that dogs, cats, or other
household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose.
Section 1 3. No lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage or other wastes shall not be kept except in
sanitary containers. All incinerators or other equipment for the storage
or disposal of such material shall be kept in a clean and sanitary
condition. Incinerators shall be of a type which minimize offensive
odors when in use.
12
Section 14. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line
connecting them at points twenty-five (25) feet from the intersection of
the street lines, or in the case of a rounded property corner from the
intersection of a street property line extended. The same sight line
limitation shall apply on any lot within ten (10) feet from the
intersection of a street property line with the edge of a driveway of
alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Section 15. The owner and/or occupant of each lot shall maintain the
surface area and easements within his property, to keep grass and
weeds cut, to keep the area free of trash and debris, and, further shall
take such action as may be necessary to eliminate or minimize surface
erosion.
Article VlI
General Provisions
Section 1. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty (20)
years for the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods often (10) years.
This Declaration may be amended the first twenty (20) years period by
an instrument signed by not less than ninety percent (90%) of the Lot
Owners, and thereafter by an instrument signed by not less than
seventy-five percent (75%) of the Lot Owners. Any amendment must be
recorded.
Section 2. Notices. Any notice required to be sent to any Member or
Owner under the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postpaid, to the last known address of
the person who appears as Member or Owner on the records of the
Association at the time of such mailing.
Section 3. Enforcement. Enforcement of these covenants and
restrictions shall be by any proceeding at law or in equity against any
person or persons violation or attempting to violate any covenant or
restriction, either to restrain violation or to recover damages, and
against the land to enforce any lien created by these covenants; and
failure by the Association or any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the
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right to do so thereafter. The foregoing Covenants and Restrictions
may be enforced, in the manner permitted by law, by any person or
persons owning real property within Century Farm Subdivision and by
any public body having jurisdiction under the provisions of Section 254
of Act No. 288, Public Acts of 1967 of the State of Michigan, against
anyone who acquires an interest in the land subject to these Covenants
and Restrictions.
Section 4. Annexation. Additional residential property and Common
Area may be annexed to the Properties with the consent of two-thirds
(2/3) of each class of members.
Section 5. FHA/VA Approval. As long as there is a Class B
membership, the following actions will require the prior approval of the
Federal Housing Administration of the Veterans Administration:
Annexation of additional properties, dedication of Common Area, and
amendment of this Declaration of Covenants, Conditions and
Restrictions.
Section 6. Exception. Provided, however, notwithstanding anything
contained herein to the contrary, Lot 163 shall be for multiple use only
and Lot 164 shall be for commercial use only. Further, as to Lots 163
and 164, all restrictions, terms and covenants herein shall not apply.
Witness: NATIONAL HOUSING CORPORATION,
a Michigan corporation,
Shirley Dyan
By
Samuel S. Bankle
Its President
Janine L. Alioto
By
Myron Schefman
Its Secretary
By
Eric
Bank of the Commonwealth
Its Loan Officer
14
STATE OF MICHIGAN )
)ss.
COUNTY OF Oakland )
On this _Slh_ day of May r 1974, before me, a Notary Public in and
for said County, personally appeared Samuel S. Bankle and
Myron Schefmen to me personally known, who, being by me duly
sworn, did each for himself say they are respectively the President
and Secretary of NATIONAL HOUSING CORPORATION, a Michigan
Corporation, the corporation named in and which executed the within
instrument, and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its board of
directors; and said instrument is the free act and deed of said
corporation.
Notary Public,
Michigan
My commission expires:
County,
Drafted by and when
recorded return to:
Robert Friedman
17117 West Nine Mile Road
Sixteenth Floor
Southfiefd, Michigan 48075
Notary Public,
Michigan
My commission expires:
County,
15