THESE AMENDED PROTECTIVE
COVENANTS APPROVED THIS 28th DAY OF June, A.D., 2006, BY WILCOX VENTURES, LLC, ONE MADISON AVENUE, CADILLAC MI 49601,
proprietor and owner of HILLS OF MITCHELL CREEK, a tract of land consisting of fifty (50)
lots numbered consecutively 1 to 50 according to the Plat thereof recorded on April 13, 2006
in Liber 9, Pages 32-38 of Plats, Mecosta County Records, being a part of Section 10, Big Rapids
Mecosta County, Michigan, and more particularly described as follows:
HILLS OF MITCHELL CREEK,
DESCRIBED AS PART OF THE SE 1/4 OF
SECTION 9, THE NW 1/4 AND THE SW
1/4 OF SECTION 10, T15N, R10W,
BIG RAPIDS TOWNSHIP, MECOSTA COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS BEGINNING AT THE W. 1/4 CORNER OF SECTION 10, SAID POINT ALSO BEING THE E. 1/4 CORNER OF SECTION 9;
THENCE NOooOO'27"W, 1346.19 FEET, ALONG THE COMMON SECTION LINES;
THENCE S85°58'07"E, 1344.87 FEET, ALONG THE N. 1/8 LINE OF SECTION 10; THENCE S00022'26"W, 1329.33 FEET, ALONG THE W. 1/8 LINE OF SECTION 10; TO THE E-W 1/4 LINE; THENCE S00029'58"W, 822.36 FEET, ALONG SAID W. 1/8 LINE; THENCE N86°39'49"W, 371.25 FEET; THENCE S27°08'03"W, 187.22 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, AN ARC DISTANCE OF 216.39 FEET, SAID CURVE HAVING A RADIUS OF 266.00 FEET, CHORD BEARING AND DISTANCE OF S25°30'53"E, 210.47 FEET AND CENTRAL ANGLE OF 46°36'38"; THENCE S02°12'34"E, 97.87 FEET; THENCE S53°25'06"E, 75.37 FEET; THENCE N86°40'22"W., 586.33 FEET, ALONG THE S. 1/8 LINE; THENCE NOo014'47"E, 305.25 FEET; THENCE N86°39'31"W, 247.67 FEET, TO REFERENCE POINT "A", SAID POINT BEING S86°39'31"E, 38.08 FEET FROM THE CENTER LINE OF MITCHELL CREEK; THENCE ON A INTERMEDIATE TRAVERSE LINE ALONG THE E'L Y AND N'L Y SIDE
OF SAID CREEK, N01°35'13"W, 69.42 FEET AND N28°58'41"W, 185.29 FEET AND S73°41'27"W, 109.35 FEET AND S66°46'13"W, 196.63 FEET, TO REFERENCE POINT "B", SAID POINT BEING NOoo14'22"E, 20.96 FEET FROM THE CENTER LINE OF MITCHELL CREEK; THENCE LEAVING SAID INTERMEDIATE TRAVERSE LINE, N00014'22"E,
276.56 FEET; THENCE N81°57'08"W, 498.00 FEET; THENCE NOoo14'23"E, 60.00 FEET; THENCE S81°57'08"E, 680.06 FEET, TO THE COMMON SECTION LINE BETWEEN SECTIONS 9 AND 10; THENCE NOoo14'22"E, 589.66 FEET, ALONG SAID COMMON SECTION LINE, TO THE POINT OF BEGINNING, TO INCLUDE ALL LAND BETWEEN SAID INTERMEDIATE TRAVERSE LINE AND CENTER LINE OF MITCHELL CREEK.
WHEREAS WILCOX VENTURES,
LLC, in order to provide for the sound development of said lots as a residential area and to establish the character of the neighborhood and to
maintain value levels through the regulation of the type, size and placement of buildings, lot
sizes, reservation of easement and prohibition of nuisances and other land uses that might affect the
desirability of a residential area, does hereby establish the
following protective covenants covering fifty (50) lots
which are numbered 1 to 50 in HILLS OF MITCHELL CREEK, to wit:
PART A - GENERAL
Fully Protected Residential Area: The residential area covenants in part B in their entirety shall apply to lots 1 to 50 of the Plat. As a minimum, all construction must comply with requirements set forth by Big Rapids Township, Mecosta County, Michigan.
PART B - BUILDING AND USE RESTRICTIONS
8-2. Architectural Control
No building, fence, wall,
swimming pool, tennis court, other recreational facility, or other structure shall be erected, placed, or altered on any lot until the detailed construction
plans and specifications and the plans showing the location of the structure/facility
have been approved by the Architectural Control Committee as to materials and quality of work,
harmony of external design with the existing structure, and as to location with respect to topography and finish grade
elevation. The Architectural Control Committee shall have the unqualified right to refuse or approve any such plans or specifications or grading plan, which are not suitable or desirable in the opinion of the Architectural Control Committee for aesthetic or other reasons. No fence, hedge or wall shall be erected or altered on any lot nearer to any street than the minimum building set-back line unless similarly approved. No fence, wall or hedge shall be erected or maintained to a height of more than six (6) feet on sides or rear lot lines, except where the law requires a higher fence around swimming pools. Should any owner, after having had plans and specifications approved, not commence within six (6) months thereafter to build, alter or change, as the case may be, said
plans and specifications must be resubmitted for approval.
It is the purpose of this
covenant to assure that all dwellings erected or placed in
said Plat shall be of a size as herein provided. The ground floor area, exclusive of open porches
and garages, of any dwelling erected or placed on any lot, shall not be less than 1,600 square feet for a one story dwelling and 1,200 square feet for a multi-story dwelling, with no
less than 1,800 square feet total living area for a multi-story dwelling. Maximum height of dwelling shall be no more than thirty-five
(35) feet and no more than two and one-half (2-1/2) stories. All roofs must have at least three (3) roof breaks on front. Pitch of roof shall be a minimum of 5/12. Rooms in split level dwellings below the grade line shall be included in determination of the ground floor area.
An attached or detached garage shall be a minimum of 24' x 24' in size. With the prior written approval of the Association, no more than one (1) outbuilding may be erected within the back half of any lot; the maximum size of any outbuilding shall be 16' x 16'; the minimum roof pitch shall be 5/12; and any and all such outbuildings shall comply with all of the restrictions contained herein.
8-4. Building Location
Foundation walls of all
buildings, except open porches without roofs,
erected or placed upon lots shall be located not nearer than thirty (30) feet to the front
lot lines, not nearer than thirty (30) feet to the back lot lines and not nearer
than ten (10) feet to the side lot lines; except that in the
case of a corner lot, the foundation walls of all buildings, except open porches, shall
be located not nearer
than thirty (30) feet to the side street lot line. The provisions of the paragraph shall not prevent any owner from building a single-family residence over two lots.
8-5. Lot Width and Grade
The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal (5-percent slope) for a minimum distance of 10 feet (3,048 mm) measured perpendicular to the face of the wall or an approved alternative method of diverting water away from the foundation shall be used. In the interest of preserving the existing established condition of natural slopes, the owner shall maintain ground cover to prevent water and wind erosion to their lot. The grade of an owner's lot shall not be altered so as to cause an unnatural flow of water onto other lots or any common elements not designed as retention basin areas. Soil Erosion Permits may be required prior to the start of any construction.
8-6. Sight Distance at Intersections
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above 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 any street lines. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distance of any intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
8-7. Temporary Structures
No structure of a temporary character, trailer, basement, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. Sheds or workshops may be used in connection with the building of permanent buildings in the course of construction upon said property.
8-8. Front Exteriors
The plans and specifications submitted for approval must indicate front exterior materials, textures and colors to be used on any building or structures.
8-9. Completion of Buildings
No building may be used or
occupied until the exterior of the same has
been completed, and the exterior construction of all dwellings shall be completed within twelve (12)
months from the date of commencement of the construction of the foundation and within three (3) years
of the purchase of the lot. No excavation shall remain open and
unfilled for more than one (1) month. Any building, either partially or totally destroyed by any means whatsoever, shall be fully repaired or removed
from the premises within three (3) months following the occurrence of such destruction.
8-10. Building Material Waste
During said construction, property must be cleared bimonthly of all building materials and any other accumulation of undesirable substances so that none of the same shall be stored in the open, visible to the eye. Once said construction is finished, the property must be cleared of all temporary structures.
8-11. Roadway Maintenance
During said construction, any and/or all undesirable substances deposited onto roadway by owners, contractors, or contractor's suppliers must be cleared away at owner's expense at the end of each day.
8-12. Curb Cuts and drive locations
HILLS OF MITCHELL CREEK will be constructed with mountable curb. Driveways shall not be placed at catch basins. Driveway placement must be a minimum 33 feet from the center line of a road at "T" intersections and a minimum of 30 feet from the spring point of the radius at "T" intersections.
8-13. Vacant Lots
Maintenance of each lot
prior to construction of any dwelling, building or other structure placed thereon shall be the responsibility of the owner of such lot. Maintenance
shall include, but not be limited to, maintaining any plant growth
at a length of eight (8) inches or less. If any lot owner shall fail to maintain said lot as provided for above, then the Developer or any of
the lot owners shall have the right to undertake such
maintenance and bill the lot owner directly for all maintenance
charges incurred. It shall be the lot owner's responsibility to forthwith pay such charges.
Chain link type fences are limited to a height of four (4) feet and must be knuckled top and bottom and may not have slats woven through the wire links. Wood and vinyl type fences are limited to a height of six (6) feet. Wood fencing shall be constructed of materials with a rated life of ten (10) years or longer and with rust-proof nails or screws. Chain link type fences are limited to a height of four (4) feet and must be knuckled top and bottom and may not have slats woven through the wire links. Wood and vinyl type fences are limited to a height of six (6) feet. Wood fencing shall be constructed of materials with a rated life of ten (10) years or longer and with rust-proof nails or screws.
B-16. Livestock and Poultry
No livestock or poultry or exotic pets of any kind shall be raised on any lot. Household pets such as dogs or cats are limited to two (2) per home and must be confined to the owner's property. Household pets and exotic pets may not be kept, bred or maintained for any commercial purposes.
No nuisance or offensive activity shall be conducted on any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Excessively noisy vehicles of any kind shall not be used anywhere in HILLS OF MITCHELL CREEK.
8-18. Waste Materials
No part of the above
described property shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and all such materials shall not be kept except in sanitary containers. All incinerators for the disposal of waste
and refuse of any kind must be kept inside of buildings. No refuse shall be burned or stored outside of buildings. Non-household refuse, rubbish, trash, garbage, or waste, other than dead leaves and fallen limbs, shall not be permitted
to remain exposed on a lot. Refuse containers may be placed at the curb for pickup no earlier than 6:00 p.m. of the day before such pickup.
8-19. Vehicle Parking
Any vehicle, whether
self-propelled or not, permitted to remain on any lot shall be licensed and kept in an operable condition. Any vehicle, whether self-propelled or not,
shall be parked in such a manner that it is not a nuisance, aesthetically or otherwise,
to other lot owners. No boat, trailer, bus, snowmobile or recreational vehicle shall be parked or stored at the front,
or either side, or rear of any dwelling. These shall be stored only inside
garages. No commercial vehicles shall be
parked in the subdivision on a regular basis. A truck larger than three-quarter (3/4) ton rating, parked on a lot, shall be kept inside an approved building except during any period of authorized construction.
8-20. Snowmobile, All-Terrain or Motorcycle Use
No property owner, agent or employee shall allow any all-terrain vehicle such as a snowmobile or motorbike to be driven upon the aforesaid described property without consideration and respect for the peace and tranquility of those nearby.
8-21. Heating and Waste
All dwellings shall be heated by automatic gas or electric furnaces. Disposal of sewage shall be through the sewage system provided for all lots in the Plat, and no septic tanks shall be installed. Water for all lots is supplied by City of Big Rapids; private wells are not permitted.
B-22. Passive Solar Heat and Solar Heat
Passive solar heat and solar furnaces will be permitted upon the Architectural Control Committee's approval of the external appearance of said system.
8-23. Storm Water Drainage and Detention Easements
The storm water detention easements in HILLS OF MITCHELL CREEK have been prepared to the requirements of the Mecosta County Drain Commissioner. The storm water detention easements are granted to the MITCHELL CREEK DRAIN DRAINAGE DISTRICT. All maintenance for the detention basins shall be the responsibility of the respective lot owner(s). There shall be no structures. landscaping or other activity in the area of the detention basins that would cause this excavation to hold less storm water than it was designed for. It shall be the responsibility of the respective lot owner(s) to maintain the ground cover in the basins to the standards set forth by Big Rapids Township and to maintain the detention basins to design specifications and the requirements of the Mecosta County Drain Commissioner.
B-24. Sanitary Sewer
Lots 30 thru 37,
inclusive, shall be served with gravity sanitary sewer under the jurisdiction of
Big Rapids Township. All other lots (1 thru 29; 38 thru 50) shall be served
with a low pressure forcemain system. Each lot owner on said forcemain system shall be responsible for the
installation, maintenance, and operation of a simplex grinder pumping station. Each of these lots
shall have its own dedicated grinder facility. The grinder stations shall be manufactured by
Environmental One Corporation (Model 2010-93) unless approved otherwise by the Architectural
Control Committee. Grinder station lot owners must be aware in the event of power loss; there
would be no sanitary service. Accordingly, a standby power source is recommended for those lots
on the lower pressure forcemain system.
B-25. Street Lighting
There will be no street lights within the HILLS OF MITCHELL CREEK.
Accordingly, each home
owner shall install a 10 foot high black steel post light at the street right-of-way near the respective
drive entrance. Post lights shall be McGraw-Edison model TRD 33321 L unless approved
otherwise by the Architectural Control Committee.
No filling or occupation of the floodplain area will be allowed without prior written approval from the
Michigan Department of Environmental Quality. The MDEQ has established the 100-year
floodplain elevation (N.G.V. Datum) for Lots 1 thru 5 as follows:
Floodplain areas are disclosed on the final plat and a floodplain contour line is provided. Pursuant to Rule R 560-304(2) (c-g) any building used or capable of being used for residential purposes on lots 1 thru 5 shall:
Have lower floors,
excluding basements, a minimum of one foot higher than the
elevation of the contour defining the floodplain limits.
Have openings into the basement not lower than the elevation of the contour defining
the floodplain limits.
Having basement walls and floors, if below the elevation of the contour defining the
floodplain limits, water-tight and reinforced to withstand hydrostatic pressure from a
water level equal to the elevation of the contour defining the floodplain limits.
Be equipped with a
positive means of preventing sewer backup from sewer lines and
drains which serve the building.
g) Be property anchored to prevent flotation.
These restrictions are to be observed in perpetuity, excluding from other time limitations set forth in this declaration, and may not be amended without approval from the MDEQ.
The two parks shown on the plat, West Park and East Park, shall be maintained by the HILLS OF MITCHELL CREEK Home Owners Association.
PART C - HOME OWNERS ASSOCIATION
DUTIES AND RIGHTS OF THE ASSOCIATION AND ITS MEMBERS
C-1. Association Functions
The purpose of the Association shall be to foster, for the benefit of the land owners, the preservation of the economic value and aesthetic Quality of HILLS OF MITCHELL CREEK. The Association may establish rules relative to the maintenance and decoration of the buildings and yards, and parks in the subdivision. The Association may, for the benefit of the lot owners, engage in any activity permitted by its Bylaws and not prohibited or limited by these covenants.
C-2. Authority and Rule Making
The extent and frequency
of the activities of the Association in carrying out the duties of
maintenance and management shall be determined by its Board of Directors, as provided in the
Association Bylaws, and the Board of Directors may delegate its authority as provided in the
Association Bylaws, The Board of Directors of the Association may also promulgate rules and
regulations to assist in carrying out the duties and obligations of the Associations, and may amend
said rules and regulations to assist in carrying out the duties and obligations of the Association,
and may amend said rules and regulations from time to time by a two-thirds (2/3) majority vote.
Each lot owner in the
Subdivision shall automatically be a member of the
acquiring legal title to a lot or, unless otherwise agreed in the land contract, upon acquiring
possession of the lot if the lot owner is acquiring the lot pursuant to a land contract. Membership
is limited to lot owners, and membership cannot be assigned, pledged or transferred in any
manner except in connection with the transfer of a lot.
The owners of each lot in
the subdivision shall collectively have one (1) vote in the Association for
each lot owned, regardless of the size of the lot, and this vote shall not be split in any manner.
(b) Annual Meetings
There shall be an annual
meeting of the members of the Association. Other meetings of the
Association may be held as provided in the Bylaws of the Association. Written notice of the time,
place, location and subject matter of all meetings shall be given to the lot owners. The notice of
the annual meeting shall be sent at least ten (10) days, but not more than sixty (60) days, prior to
(c) Association Quorum.
The presence in person or
by proxy of forty (40) percent of the lot owners (one vote per each lot
owned) shall constitute a quorum for holding a meeting of the members of the Association, except
for voting on questions which specifically require a greater quorum as provided in the Association
(d) Relationship to Association Bylaws.
Provisions as to voting, or matters relating to meetings of the Association
or governance of the
Association, which are not inconsistent with the provisions contained in these Protective
Covenants, may be set forth in the Association Bylaws. In the event of a conflict between these
Covenants and the Association Bylaws, these Covenants shall be controlling.
PART D - GENERAL PROVISIONS
Enforcement: The Developer
and each of the lot owners shall have the right to enforce these
Protective Covenants or any written rules and regulations established by a proceeding at law or in
equity in a court of competent jurisdiction. Each lot owner agrees that Mecosta County is the
proper venue for any such proceeding. The failure of the Developer or any lot owner to enforce
these covenants shall not be deemed a waiver of any right to enforce any subsequent violation of
the same or similar nature.
PART E - ARCHITECTURAL CONTROL COMMITTEE
E-2. Procedure of Architectural Control Committee
The committee's approval
or disapproval required in these covenants shall be in writing. In the
event the committee, or its designated representative, fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted to, or in any event, if no suit to enjoin
the construction has been commenced prior to completion thereof, approval will not be required.
PART F - MISCELLANEOUS
These covenants are hereby
declared to be permanent covenants running with the land and shall
be binding upon these parties, and all persons claiming under them; provided, however, that these
covenants, may be amended at any time by an instrument in writing signed by the then fee owners
of record of the majority of lots in said Plat. However, B-26 (Floodplain) may not be amended
without approval from the MDEQ. No amendment, however, shall become effective until the same
shall have been recorded in the office of the Register of Deeds for Mecosta County, Michigan.
Invalidation of anyone of these covenants by Judgment or Court Order shall in no way affect any
of the other provisions which shall remain in full force and effect.