Dean B. Wilhelm andRestriction Agreement
Louise W. Wilhelm, his wife, and No dated Date
John G. Naimish andAcknowledge August 11, 1954
Proprietors, and Arthur AxfordLiber 3183 on Pages 179-183
And Robert S. Axford, mortgagees
Axford Acres #1 Subdivision
Whereas, Dan B. Wilhelm and Louise W. Wilhelm, his wife, and John G. Naimish and Madelon N. Naimish, his wife, are proprietors, and Arthur Axford and Robert S. Axford, mortgagees of the following described subdivision situated in Highland Township, Oakland County, Michigan:
Axford Acres #1 Subdivision, a subdivision of part of the South ½ of Section 11,
Town 3North, Range 7 East, Highland Township, Oakland County, Michigan as
Recorded in Liber 73 on Pages 28 and 29,Oakland County Records. And
Whereas, John G. Naimish and Madelon N. Naimish, his wife, propose to sell and convey to persons not year ascertained lots in said subdivision, which lots are to be subject to building and use restrictions as hereinafter set forth:
- Each lot in the above named subdivision and the building thereon shall be used for single resident purposes only, except Lot #”A” which is excluded entirely from these restrictions as hereinafter set forth and anything to the contrary notwithstanding Lot #20, may, but need not be, used by the proprietors of said subdivision for the improvement of the water circulation in the adjoining acreage or future subdivision immediately West and South of Kingsway Drive. If Lot 20 is not used as described above, then all the restrictions herein shall apply and be enforced on Lot 20, anything herein to the contrary notwithstanding. A recorded declaration by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents, to the effect that Lot 20 will not be used for subdivision improvement purposes, as herein reserved, will charge Lot 20 with all of the building and use restrictions herein contained.
- No building shall be erected on any lot excepting one single private residence dwelling with attached garage if any. No business whatsoever shall be permitted in said subdivision except that John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision, may use their resident or erect an office for the purpose only of offering for sale lots in said subdivision or future subdivisions that may be developed and offered for sale or any re-sales of real estate.
3.No structures may be occupied as residents prior to the completion and painting of the exterior, the complete plumbing and septic systems, as approved by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision in writing, have been installed and in working condition.
4.No buildings of any kind shall be moved onto the subdivision. No temporary structures of any kind, such as trailers, tents, etc., may be occupied as residences.
5.A complete set of architectural plans and specifications, in duplicate, of any building to be altered or erected on said lots, including a plot plan showing the location and dimensions of the building, driveway, any septic tank and drain field and any other improvements proposed to be constructed, shall be submitted and approved in writing by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision before construction begins.
6.No exterior construction shall be of log or varnished exteriors. Stained materials must be of a permanent finish. All buildings must be erected on a foundation constructed of a permanent material extending below the grade frost line.
7.The erection of any new building and the re-erection, re-building or repair of any structure, shall be pushed to completion as rapidly as practical.
8.The size of any structure shall not exceed 1-1/2 stories above the grade line facing Kingsway Drive and Castle Court.
9.All one-story residences shall have not less than 900 square feet of living area. Living area shall be the area on the main level, exclusive of open porches, garages or car ports. Square feet of living area as used herein shall be the actual area within the inner surface of the outside walls and shall not include open porches, garages, or carports. Porches that are screened in only shall be considered as open porches. Porches that are completely enclosed of a permanent nature by glass or other solid materials shall be considered as living area.
10.No fences or walls shall be constructed in the subdivision without the approval in writing by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision. Designs and plans for such fences or walls shall be submitted in duplicate for approval as provided above.
11.No part of any structure shall be erected nearer than 10 feet to any side lot lines, on any lot except on Lots 23, 24, 25, 26, 27, 28, and 29, which shall be fixed by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision not later than the time of its approval of any plot plan for excepted Lots 23 to 29, inclusive.
12.No structure or part of any structure shall be closer to the shore traverse line than 130 feet as measured along each lot line from the corner stakes at the road on Lots 1 to 22 inclusive, except the lot line measurement between Lots 7 and 8 and 8 and 9 may be 140 feet, except on open dock at the shore line not to exceed 2 feet above the water. Front line set backs on Lots 23 to 31 inclusive shall be fixed by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision not later than the time of its approval of any plot plan..
13.John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision shall be, in any event and even though the foregoing building side line and set back provision shall be strictly observed, sole arbiter of the orientation of any structure on each lot and its side line and set back lines.
14.No refuse, garbage or compost pile or oil tank shall be allowed on any of said lots unless the same shall be properly concealed from view and maintained in a sanitary condition without nuisance to other property owners in said subdivision.
15.No signs, posters, billboards or other advertising devices or symbols shall be erected or displayed on said land or on any building or fences excepting a “For Sale” sign not to exceed 2 feet by 3 feet. Larger signs, however, may be erected by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision.
16.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 become destructive or a nuisance to other property owners.
17.At any time after the sale by the grantors of ¾ of the lots in said subdivision (execution of any 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 or vested in the first party by this indenture, and upon execution and recording of appropriate instrument of appointment by the first party, all of its said last mentioned rights and duties shall be vested in such association and such association shall thereupon have and exercise the same.
18.In the event that any part of 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.