Covenants and Restrictions recorded December 7, 1967 in Liber 5129, Page 534, Oakland County Records.
AXFORD ACRES NO. 8 SUBDIVISION
RESTRICTIONS:
(1) GENERAL USE OF PROPERTY
(A)Each Lot in the above named subdivision and the building thereon shall be used for single resident purposes only.
(B)A building site shall consist of at least one (1) lot as platted. A lot and a contiguous portion of an adjoining lot or lots may be combined to form one building site. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) single private resident dwelling with attached garage.
(2) ARCHITECTUAL APPROVAL - BUILDING AND GRADE LINES
(A)No building shall be erected, placed or altered on any lot until a complete set of architectural plans and specifications in duplicate, including a plot plan showing the location and dimensions of the building, driveway, septic system, drain field and well, quality of workmanship and materials, harmony of exterior design with existing structures, as to location with respect to topography and finish grade elevations, and any other improvements to be constructed, have been submitted and approved in writing by John G. Naimish and Madelon N. Naimish, his wife, or their authorized agents of said subdivision.
(B)No structure or part of any structure shall be erected closer than ten (10) feet to any sidelines on any lot.
(C)No fence or wall shall be erected, placed or altered on any other nearer to any street than the minimum building setback line unless similarly approved. Such approval shall be approved in writing.
(D)The developers of said subdivision shall be, in any event though the foregoing building provisions shall be strictly observed, sole arbiter of the orientation of any structure on each lot.
(3) RESIDENCE STRUCTURE
(A)No resident structure shall be erected, altered, placed or permitted to remain on any lot or building plot, unless such structure shall have a square foot area above grade level of:
(1)Ranch Type, one floor, on cement slab or with crawl space, minimum 1,400 square feet.
(2)Bi-level home, the lower level of building being below grade level a maximum of five (5) feet and above grade level 1-1/2 stories high. Both levels being completely finished as livable home area with not less than 2,000 square feet in area.
(continued)
(3)Tri-level home, being 1-1/2 high above grade level, floor area of two (2) upper floors combined, 1,400 square feet minimum. “SQUARE FOOT area” may be computed by including exterior walls, partitions, and heated areas. Garages and breezeways (Whether or not enclosed and heated) shall not be included. No resident structure shall be erected that does not include an attached garage.
(4)The exterior walls of resident structures including all enclosed heated areas and garages shall be constructed of a minimum of 40% natural stone or brick of equal quality, all window areas excluded.
(B)No old or used structures of any kind shall be moved upon any lot or building plot.
(C)No exterior walls of residence structure shall be of cinder or cement block.
(D)No building shall have a flat roof. All rooflines shall extend not less than one (1) foot beyond the outer surface of the outside walls.
(E)All buildings must be erected on a foundation constructed of a permanent material extending below the frost line.
(F)Each building erected on said lots shall have the exterior construction completed within one (1) year from date of commencing construction.
(4) SEPTIC TANKS AND WELLS
(A)Each lot shall have its own individual septic system for the disposal of sewage, and all sewage shall be disposed of in such system. No septic tank or well shall be permitted unless such system is designed, located, and constructed in accordance with the provisions of the regulations of the OAKLAND COUNTY HEALTH DEPARTMENT.
(5) TEMPORARY STRUCTURES
(A)No building of any kind shall be moved onto the subdivision. No structure of a temporary character, trailer, basement, tent, shack, garage, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. No structure may be occupied as a resident prior to the completion and painting of the exterior, complete plumbing and septic system installed and in working condition, and approved in writing by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision.
(B)In the event an owner or occupant shall have a private trailer, truck, or commercial vehicle, the same must be housed in a suitable private garage.
(6) EASEMENTS
(A)Easements for the installation and maintenance of public utilities and drainage facilities are reserved. Such other easements are hereby reserved to enter upon the premises, if necessary, to construct, operate and maintain any other improvements, whether under or above the ground. Pipes, poles, wires, etc. to be placed on lot line, whereever possible or practical.
(continued)
(7)MISCELLANEOUS
(A)The owners of all lots, shall prior to June 15th of each year, cause all weeds and grass growing on said lot to be cut, shrubbery trimmed, and the residue removed so as to have the property present a clean appearance.
(B)Basic 1andscaping including finish grading and seeding or sodding and installation of driveways must be completed within a reasonable length of time.
(C)Garbage shall at all times be kept in a covered, closed container and shall be removed together with all rubbish and refuse before the same becomes offensive to any person. The garbage containers shall be kept concealed from the view of the adjoining lot owner and the general public.
(D)No outbuildings of any kind shall be constructed, erected, placed or maintained on any lot or building plot.
(E)All oil storage tanks must be kept under cover in a garage, utility room, and basement, buried or concealed from view by enclosure.
(F)No animals shall be kept or maintained except household pets for use by the owner and not for commercial purposes. All animals shall be kept in such a manner as not to be destructive to other property owners, a neighborhood or community nuisance on account of noise, odor, unsightliness, or for sanitary reasons.
(G)All docks shall not be more than two (2) feet above the water, and shall have prior approval by the developers of said subdivision.
(H)No signs, posters, billboards, or other advertising devices or symbols shall be erected or displayed in the subdivision or on any building or fences therein, except that subdivision sale signs may be erected and displayed by the developers in advertising the subdivision.
(I)At any time the sale by the grantors of three-fourths of the lots in said subdivision (execution of an executory land contract of sale constituting a sale for the purpose of this paragraph) the grantors may (but they need not) appoint and constitute an association of lot owners (including purchasers on executory land contract) organized for this purpose, or for this and other purposes, to exercise all or any further rights and duties of supervision, control and approval in connection with these restrictions which are reserved to execution and recording of appropriate instrument of appointment by the first party, all of its said last mentioned rights an duties shall be vested in such association and such associations shall thereupon have and exercise the same.
(J)In the event that any part or provision of the restrictions contained herein should be held ineffective or invalid for any reason by waiver, any judgement, decree, or other court order or otherwise, all other parts and provisions of these restrictions shall nevertheless remain in full force and effect.