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Building and Use Restrictions For Carriage Hill Estates,
No. 1, No. 2,and Other Parcels
 

This document relinquishes, extinguishes and replaces the “Building and use Restrictions for Carriage Hill Estates” recorded January 6, 2004 Liber 1847 page 426-441 in the Lapeer County Records.
 
KNOW ALL MEN by these presents, That H. ED. BIRDWELL AND WANDA BIRDWELL, hereafter referred to as “Developer” for their benefit and for the benefit of all their assignees and grantees, do, hereby by the recording hereof in the office of the Lapeer County Register of Deeds, decree and establish the following restrictions upon the future use of lots as hereinafter set forth.
 
These restrictions shall be binding upon the undersigned and upon all persons acquiring title to any of the said lots or any further division of said lots through the undersigned, their and grantees and upon their heirs, legal representatives, successors and assigns.
 
Land covered by the following covenants of use is located in the Township of Attica, County of Lapeer, State of Michigan, and described as follow: CARRIAGE HILL ESTATES, AS RECORDED in Liber 7 of Plats, page 162 Lapeer County Records, covers land described in Exhibit B, attached hereto which includes land consisting of proposed Carriage Hill Estates No. 1, No. 2 and other parcels.
 
I. LAND USE AND RESTRICTIONS
 
1. All the lots in said development shall be known and described as residential lots for single-family residential use only (except lot 43 may be used as an Equestrian Center).
 
2. The residence and any out buildings on a given lot must be of the same architectural style unless otherwise approved by the Architectural Review Committee. All buildings shall be site built (no modular, mobile, or pre-manufactured homes) and their plans and locations including driveway (at least 25 feet from lot line when possible) must be approved by the Architectural Review Committee.
 
3. All buildings shall be set back at least fifty (50) feet from any lot line. The front set back for any building on Lots 16, 17 and 18 is to be at the point that the width of the lot between left and right property line reaches 165 feet. No buildings can be placed within 110 feet of the south east corner of on Lot 30. (This area contains old foundation concrete, tree stumps etc). Lot 34 contains foundation concrete in the south east corner (approximately 60 by 75). An area approximately 35 feet by 60 feet, approximately 80 feet off the southeast corner of Lot 35 contains an old basement.

4. The exterior of the home and out buildings shall be constructed of materials and colors consistent with the other homes and the rural theme of the project.
 
5. All exterior construction must be completed within nine (9) months from the beginning of construction. The lawn must be planted within twenty four (24) months from the time construction began.
 
6. Any dwelling on any lot in said development shall have a floor area in the main structure, exclusive of basement, garage, deck, breezeways and one- story open porches, of the following square footage:
 
SQUARE FOOTAGE REQUIREMENTS OFF THE LAKE

A. Lots sold before January 1, 2006. (Inclusive of the following lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 18, 23, 24, 25, 26, 27, 30, A, B, C, H, I, J, K, Q, R) must be 1,800 minimum square feet for a single level dwelling. 2,000 minimum square feet for any multiple level dwelling with a minimum of 1,300 square feet on the ground level.
 
B. The following lots (13, 14, 16, 17, 21, 22, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43) must have a minimum of 2200 square feet with a minimum of 1300 square feet on the ground level for any multiple level dwelling. The exterior must be at least 25% stone or brick. The house frontage must have a minimum of 70 lineal feet. (The Architectural Review Committee may grant a variance to the frontage requirement).

C. All homes ON THE LAKE must have minimum of 2500 square Feet with 25% brick or stone. The house frontage must be at least 70 feet frontage.
 
7. Notwithstanding the restrictions on the use of lots for single-family residential use only and the prohibition on the raising of animals for commercial purposes, the owners of Lots 35 and 43 shall be permitted to board horses but only under the following restrictions and subject to the following conditions:
 
a. The owners of Lots 35 and 43 shall be permitted to board horses for their own personal and family use and to board horses of others for consideration, but only horses owned by and used principally by owners of lots in the Carriage Hill Estates development and members of their family living in Carriage Hill Estates.
 
b. The total number of horses that may be boarded shall be limited to nine (9) horses on Lot 35 and twenty-four (24) horses on Lot 43.
 
c. No other animals (such as cattle and hogs) may be kept on Lots 35 and 43 other than domestic pets (dogs and cats) or animals for personal for use in 4-h, meeting Township zoning requirements.
 
d. Owners of horses kept on Lots 35, 43 may arrange for breeding.  
 
e. Horse manure shall be stored and removed in a manner so as not to create a nuisance and shall be stored in closed containers and removed not less than once per week.
 
f. If the owners of either Lots 35 or 43 board horses either for themselves or for other lot owners of the development, then the owners of Lot 35 or 43 or both, as the case may be, shall have the responsibility to perform such maintenance of the pedestrian and equestrian trails that pertain to the use of the trails by horses, including the trimming of branches for safe and comfortable passage.
 
g. If the owners of either Lot 35 or 43 board horses, either for themselves or for other lot owners of the development, then the owners of Lot 35 or 43 or both as the case may be, shall maintain liability insurance naming Carriage Hill Estates Homeowner’s Association as an additional insured for the liability risk arising from the use of the pedestrian and equestrian trails and other common areas by horses and horse riders, in an amount deemed reasonably sufficient by an insurance agent for the Association.
 
h. The owners of Lots 35 and 43 shall register the name of the owner and the names and pictures of all horses, those belonging to the owners of Lot 35 or 43 and those boarded for the owners of horses from the development, with the Association on a form provided by the Association. The stall for each horse shall indicate the name of the horse and the name of the owner.
 
i. Representatives of the Association shall be granted reasonable access to the barns on Lot 35 and 43 for the purpose of verifying compliance with these restrictions as they relate to animals.
 
8. The owners of Lots 35 and 43 shall not change the color of the barns without prior approval of the Architectural Review Committee.
 
         
9. All homes must have at least a two (2) car attached garage, the entrance of which does not face the road. The garage interiors must be finished. Driveways must be concrete or asphalt.
 
10. All fences shall be of a horse type fence and if painted it must be an appropriate color in keeping with the rustic theme of the development. Fourteen gage welded wire fence may be attached to the horse fencing if needed to contain smaller animals. Any other type of fencing must be approved by Architectural Review Committee.
 
11. No animals may be raised for commercial purposes. Animals may be raised for personal use and 4 H as long as they meet the Attica Township restrictions. Only property owners may have animals within the development. Animal refuse must be removed as needed for proper sanitation.
 
12. No disabled motor vehicles, trailers, camping units or out of season motor driven sports vehicles shall remain on any lot for a period of more than one week unless said vehicle is housed in a permanent garage or out building. No owner or lessee shall park any large commercial-type vehicle within the development. (Equipment used by the Developer is exempt from the rules contained herein). Restoring or repairing of vehicles shall be permitted only within an enclosed building.
 
13. Any property using geothermal heating or air conditioning systems shall employ a closed-loop system.
 
14. Any satellite dish greater than twenty four (24) inches in diameter, any CB and/or Ham radio tower must be screened from view of the street or another residence, unless otherwise approved by the Architectural Review Committee.      
 
15. Buildings existing prior to 1995 that are not in conformance with these structural and/or use restrictions may remain but any replacement must meet these restrictions. The house on lot 35 must be removed within 24 months after transfer from Developer. The horse facilities may continue and use for and storage of equipment needed for their purpose.
    
16. No signs or notices of any kind whatever, (occasional garage sale signs are exempt) except signs identifying the land and the owner thereof shall be allowed on said lots. No real estate company signs are permitted at either entrance without the approval of the Architectural Review Committee. The Developer may have a sign at each entrance until all lot are sold. Signs offering homes for sale by owner or real estate shall be no larger than two (2) feet by two (2) feet.
 
Outdoor trash cans or collection containers must be hidden from view. Fuel oil or gas tanks must be concealed by shrubbery, or placed inside of structure. Outdoor fires other than fire rings or barbecue equipment shall not be permitted in said development.
 
17. Noxious, dangerous, offensive or unduly noisy activity of any nature, or activity that may be or becomes an annoyance or nuisance to owners of the development, shall not be permitted.
 
18. No structure shall be erected or placed on any lot which is of a temporary character, or used as a residence, either temporarily or permanently. No old or used building or structure shall be moved on any lot.

19. Lot owners shall keep lot trimmed and neat. Parts of larger lots left to grow natural must conform to the rules of the CARRIAGE HILL OWNERS’ ASSOCIATION. If after written notice, ten days have passed, owners in said development have the right to take legal action.
 
20. All mail box displays must be approved by the Architectural Review Committee.
 
21. All wells within the development shall have wells that extend into the bedrock for their water source. When these wells are constructed, the casing of the wells must extend 50 feet into bedrock. This has been shown in the past to help reduce the amount of arsenic in the well water. Once the well is completed, the well must be tested for arsenic content.
 
If arsenic is present exceeding the USEPA limit of .01mp/1 a point of use treatment device certified for the deduction arsenic will be suggested. All treatment devices need regular maintenance. Failure to maintain these devices could cause an increase in the content of arsenic exceeding the amount in the source water. All devices installed must be capable of reducing the content to below the established limit. Some people who drink water containing arsenic in excess of the established standard of .0mg/1m, could experience skin damage or circulation problems, and may have an increase risk of getting cancer.
 
The elevated hardness level of 426mg/1, although not a health concern may require treatment of the water supply to prevent scaling of water fixtures and pipes.
 
The elevated iron levels of 1.1 to 0.5mg/l, although not a health concern may require treatment of the water supply o improve the taste, color, and odor and prevent staining of water fixtures.
 
22. Sewage disposal systems must meet current governmental requirements including:

a. Plot plans must be submitted to the Lapeer County Health Department for each lot for review and approval prior to building. Builders need to review these site plans before starting construction, as structure locations may be critical.
b. Sufficient on-site investigations to  establish the suitable location, size and other necessary items for the initial and replacement on-site sewage disposal systems prior to commencing construction or permanently establishing the proposed dwelling location.
c. Provide sufficient nearly level areas for the accommodation of the initial and replacement sewage systems.
d. Any filling or re-grading is to meet the approval of the Lapeer County Health Department prior to the implementation thereof.
e. There must be sufficient removal of trees and scrubs within ten (10) feet of the drain-field or a minimum of twelve (12) inches of stone is to be provided below the drain tile in areas where trees are closer than ten (10) feet.
 
23. The 100-year flood plain elevation of Russell Lake is estimated to be 900.0 feet (National Geodetic Vertical Datum). This was determined using the Natural Resource Conservation Service method of determining runoff and site investigation. This elevation does not include an estimation of groundwater fluctuation. We urge you to use caution when setting residential structures on lots adjacent to lakes without outlets.
 
a. No filling or occupation of the flood plain shall take place without prior written approval from the Michigan Department of Environmental Quality.
b. Residential building lots 19 and 20, unplatted lots and the park area adjacent to Russell Lake , and any future development of  residential building sites adjacent to Russell Lake, shall perpetuity be included in these flood plain regulations and may not be amended;
c. Any building used or capable of being used for residential purposes and occupancy shall;
 
1. Have lower floors, excluding basements, not lower than the elevation defining the floodplain limits.

2. Have openings into the basement not lower than the elevation defining the flood plain limits.
 
3. Have basement walls and floors, if below the elevation defining the floodplain limits, that are watertight and designed to withstand hydrostatic pressures from a water level equal to the elevation of the contour defining the floodplain limits following methods and procedures outlined in chapter 5 for type A construction and chapter 6 for class 1 loads found in the publication entitled “Flood Proofing Regulations,” EP 1165314, prepared by the office of the chief of engineers, United States Army, Washington, DC, March 1992. Figure 6 on page 14-5 of the regulations shows typical foundation drainage and waterproofing
details. This document is adopted by reference in these rules and is a available, at no cost, from the Department of Environmental Quality, Land and Water Management Division, P.O. Box 30458, Lansing, Michigan 48909-7958, or the Department of the Army, Corps of Engineers, Publications Depot, 890 S. Pickett, Alexandria, Virginia 22304.
 
4. Be equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.
 
5. Be properly anchored or weighted to prevent flotation.
 
II. ARCHITECTURAL REVIEW COMMITTEE
 
1. The Architectural Review Committee shall consist of three (3) or more members. The initial members of the Architectural Review Committee shall consist of the Developer and appointees of the Developer. Subject to the following provisions, Developer shall have the right and power at all times to appoint or remove members of the Architectural Review Committee or to fill any vacancy thereof. When ninety (90%) percent of the lots in the Subdivision / development are sold by the Developer, or sooner if developer chooses, then the Association of Owners will appoint the Architectural Review Committee.
 
2. No building or structure shall be constructed or altered until the plans and specifications showing the design or the structure including a plot plan and approximate cost of the structure to be built have been submitted to and approved by the Architectural Review Committee.
 
3. The Architectural Review Committee shall have the right to refuse or approve any such plans or specifications or grading plans which are/are not suitable or desirable in its opinion for aesthetic or other reasons. In so passing upon such plans, specifications and grading, it shall have the right to take into consideration the suitability of the project to the site and to determine whether the project is harmonious to its surroundings as seen from the adjacent or neighboring properties. It is understood and agreed that the purpose of this paragraph is to cause the lots to develop into a beautiful, harmonious and private residential neighborhood and if a disagreement on the points set forth in this paragraph should arise, the decision of the Architectural Review Committee shall control. The Architectural Review Committee may grant variances from these restrictions to avoid hardships or unreasonable results.
 
4. However, in the event the Architectural Review Committee shall have failed to approve or disapprove such plans and location within thirty (30) days after the same shall have been delivered to the Architectural Review Committee, then such approval will not be required, provided the plans and locations of the lots conform to requirements of this instrument and/or are in harmony with existing structures in the development, and any zoning law applicable thereto.
 
III. PEDESTRIAN AND EQUESTRIAN WALKWAYS
 
The areas designated as “Pedestrian and Equestrian Walkways” are to be used in common, exclusively by the lot owners and their invitees of the development known as CARRIAGE HILL ESTATES No. 1 AND No. 2  AND OTHER PARCELS OF THE SAME NAME as follows:
 
1. The Pedestrian and Equestrian Walkways will be used only for the purpose of pedestrian or horse travel. No other use is allowed including no motorized vehicular travel or bicycle travel except for maintenance purposes.
 
2. The trails will be maintained as follows;
 
a. Maintenance related to horse use is to be maintained by the properties owning horses and using the trails.
 
b. Maintenance related to pedestrian usage is to be maintained by the Association of Owners through lot assessments as determined by said Association.

3. The Association of Owners may establish rules governing the use of the Pedestrian and Equestrian Walkways provided that the purpose of using them for horse riding shall not be substantially impaired.
 
IV. PRIVATE STREETS
 
The areas designated as Private Streets in the development known as CARRIAGE HILL ESTATES No. 1 AND No. 2 AND OTHER PARCELS OF THE SAME NAME are to be used in common by the above described property owners and their invitees as follows:
 
1. The streets will be used only for ingress and egress.
 
2. No off road vehicles, or racing vehicles are permitted to use the streets. (except horse and carriage).
 
3. The streets and ditches will be maintained by the Association of Owners through assessments as determined by that body. Any filling or change to the ditches must be approved by the Architectural Review Committee. All culverts must be a minimum of 12 inches.
 
4. The Association of Owners may adopt rules governing the use of the streets.
 
5. The owners of seventy-five (75%) percent of the lots in the subdivision may authorize the dedication of the streets to the public.
 
V. COMMON LAKE ACCESS

The Common Lake Access may be used in common, exclusively by the lot owners and their invitees, of the development known as CARRIAGE HILL ESTATES No. 1 AND No. 2 AND OTHER PARCELS OF THE SAME NAME as follows:
 
1. The Common Lake Access is to be used for ingress and egress.
 
2. The Association of Owners shall not have or permit more than three (3) boats at the Common Access Dock.
 
3. No internal combustion motors are allowed on the lake by lot owners or their invitees described above.
 
4. The Common Lake Access will be maintained by the Association of Owners through assessments as determined by that body.

5. The Association of Owners may adopt rules governing the Lake Access.
 
VI. HOLD HARMLESS
 
1. The Association of Owners shall adequately insure its members from liability and property damage resulting form use to the streets, Pedestrian and Equestrian Walkways, Common Lake Access and easements designated in the Subdivision Plat.
 
2. The owners, (residential and equestrian), and their invitees agree to hold one another and the Association of Owners harmless from any loss or damages resulting from their use of the streets, Pedestrian and Equestrian Walkways, Common Lake Access and easements.
 
VII. ASSOCIATION OF OWNERS
 
1. There is hereby created an Association of owners called “CARRIAGE HILL ESTATES OWNERS ASSOCIATION”.

2. The owners of each lot and owners of contiguous unplatted lands owned by the Developer and future contiguous subdivisions of the same name platted by the Developer or Developer’s successors in interest in the contiguous property will be a mandatory member of the Owners Association with one (1) vote per lot or parcel.

3. The purpose of the Owners Association is to manage the use and care of the Pedestrian , Equestrian, Walkways, Lake Access, private roads and the storm water drainage systems, and matters incidental thereto for the benefit of all owners and to enforce these restrictions and any by-laws, rules or regulations of the Owners Association.
 
4. ANNUAL MEETINGS
 
Each year on or before December 15th, “Carriage Hill Estates Owners Association” shall meet for the purpose of:
 
a. Election of officers.
b. Approving a maintenance program for the following year.
c. Approving a maintenance budget that shall provide substantial funds for maintaining the roads, snow removal and removal of any trees or bushes that may grow within road right of way, repair of road surface damage, repair of drainage system, such as ditches and culverts, and other repairs necessary to maintain the road in a condition substantially like that which was approved by Attica Township; and inspection, maintenance, and repair of the drainage system, including the storm water settling tank and storm infiltration field.
d. Maintaining Pedestrian and Equestrian Walkways and Lake Access.
 
5. ASSESSMENTS
 
Each Landowner shall pay an annual assessment equal to his/her proportional share of the budget approved by the “Carriage Hill Estate Owner’s Association”. The proportion of the budget paid by each landowner shall be equal to the proportion of the total number of parcels of land which he/she owns.
 
6. ASSESSMENT COLLECTION
 
All assessment payments shall be made to the treasurer of the “Carriage Hill Estates Owners Association”. Due dates for payments shall be determined by the “Carriage Hill Estates Owners Association”. The treasurer shall place all funds collected in the “Carriage Hill Estates Owners Association” account at the bank designated by the above named association.
 
7. FAILURE TO PAY ASSESSMENT
 
If any landowner is in default for any assessment payment for more than thirty (30) days, the “Carriage Hill Estates Owners Association” has the authority to file a lien on said property until payment is made in full.

8. MAINTENANCE AND REPAIR WORK
 
The chairman, together with a committee appointed by the chairman with the approval of the Owners Association, shall arrange for such maintenance and repair work as has been approved by the “Carriage Hill Estates Owners Association”. All bills for approved work shall be paid by the treasurer. The maintenance and repair work shall include an annual inspection and if advisable, maintenance and repair of the storm water System, settling tank and infiltration field.
 
VIII. MISCELLANEOUS AND ENFORCEMENT OF PROVISIONS
 
1. If any lot owner at any time shall violate or attempt to violate any of the covenants, conditions, restrictions, agreements, reservations or easements herein provided, it shall be lawful for any other person or persons owning any real estate in the Subdivision Plat and of contiguous unplated lands owned by the Developer and future contiguous subdivisions of the same name platted by the Developer or the Developer’s successors in interest to the contiguous property of said development, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate and to prevent them from so doing or to recover damages or other dues for such violation.
 
2. The provisions herein contained shall insure to the benefit of and be enforceable by:
 
a. the developer and Developer’s successors and assigns,
b. the grantees in deeds conveying land in said development,   their respective heirs,
executors administrator or assigns,
c. any subsequent owners of any land in said development,
d. the Township or its duly authorized representative.
e. The Lapeer County Drain Commissioner.
 
The failure of any of the above enumerated persons to enforce these restrictions shall in no event be deemed a waver of a right to do so thereafter as to the same breach or as to any breach prior or subsequent thereto.
 
3. These restrictions can be changed and/or altered by seventy-five (75%) percent of owners with written notice and signed instrument. The Developer can alter and/or change these restrictions until all lots are sold. Notwithstanding the above, paragraph 20 of Article 1 covering well installation may not be amended except by agreement of the Developer and the Lapeer County Health Department and those provisions relating to the drainage system in paragraphs VII.3., VII.4.c., VII.8., VIII.2.e., and VIII 3., may not be amended except by agreement of the Developer and the Lapeer County Drain Commissioner and Attica Township and provisions regarding the boarding and use of horses may not be amended without the approval of the Township of Attica.
 
4. All restrictions shall be perpetual restrictions and shall run with the land.

 
Witnessed this _______ day of ________200__
 
______________________________ H. Ed. Birdwell
______________________________ H. Ed. Birdwell Attorney in Fact for Wanda Birdwell as recorded in Liber 1234, Page 0464 - 0467
State of Michigan
S.S.
County of Lapeer
 
ON this _________day of ______________________, 200___ before me personally appeared H. Ed Birdwell, to me known to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as his free act and deed. _____________________________
Notary Pubic,
Lapeer County, Michigan
My Commission Expires:___________
 
Drafted by and return to:
H. Ed. Birdwell
7225 Banner Rd. se
Port Orchard, WA 98367                                                                         
1-810-417-5999
1-360-871-1318

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