AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS EASEMENTS AND RESTRICTIONS
TABLE OF CONTENTS
I.
The Association
2
II.
Residential Character of the Development
4
III.
Restrictions Concerning Size and Placement of Dwelling Houses
And Other Structures and Maintenance Thereof
5
IV.
Provisions Respecting Disposal of Sanitary Waste, Etc.
7
V.
General Prohibitions
7
H. Camping Restrictions
8
VI.
The Environmental Protection Committee
9
VII.
Easements
11
VIII.
Ownership, Use and Enjoyment of Streets, Parks and Recreational Facilities,
No Dedication of Streets, Etc.
12
IX.
Speed Limits
13
X.
Provisions with Respect to Lakes and Lots Contiguous Thereto
13
XI.
Rights of First Refusal
13
XII.
Remedies
14
XIII. Effect of Owner's Acceptance of Deed, Etc. 14
XIV.
Titles, Etc
15
XV.
Duration
15
XVI. Severability 15
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
THIS DECLARATION
is made this 8th day of June 2002,
pursuant to the authority contained in Paragraph (16) of the original
Restriction and Covenants of White Birch Lakes Subdivision of Clare,
numbers 1, 2, 3, 4, 5, 6, and 7;
located in section 26, T18N, R5W, Lincoln Township, Clare County Michigan as
recorded in the Clare County Plats Liber 11 pages 17 to 23 (no.1), Liber 11
pages 32 to 38 (no. 2), Liber 12 pages 11 to 17(no. 3), Liber 12 pages 27 to 33
(no. 4), Liber 13 pages 18 to 23 (no. 5),
Liber 14 pages 12 to 21 (no. 6), and Liber 16 pages 50 to 52.
This document amends
the original Covenants, Conditions, Easements and Restrictions Recorded in Liber
285 pages 268 to 325 (no. 1) Liber 288 pages 458 to 484 (no. 2), Liber 291 pages
276 to 303 (no. 3) Liber 297 pages 347 to 374 (no. 4), Liber 300 pages 284 to
311 (no. 5), Liber 435 pages 348 to 374 (no. 6), and Liber 460 pages 172 to 200
and Liber 501 pages 571 to 572 (no. 7), and Liber 542 page 18(no. 1&2).
However, this document does not amend other original Restrictions
regarding improvements on certain lots, which run with the land forever.
WITNESSETH:
NOW THEREFORE. The
Association hereby declares that the real property located in the Development
shall be held, conveyed, encumbered, leased, rented, used, occupied and
improved, subject to the following restrictions, all of which are declared and
agreed to be in furtherance of a common plan for improvement for the
Development, established by the initial Developer (and now the
Association) for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Development as a whole and of each lot and parcel
situated therein. All of these restrictions shall run with the land and shall be
binding upon all parties having or acquiring any right, title or interest in and
to the real property or any part or parts thereof. (Such persons being sometimes
hereinafter referred to as “Owners”.) The Association specifically reserves unto
itself the right and privilege to designate any lot or tract of land within the
Development as being common property in character and, where necessary, to apply
for commercial classification or zoning.
By acceptance of a
deed or equitable title, each Owner agrees to abide by these Covenants and
Restrictions.
I.
The
A.
In General
1.
There has been
created, under the laws of the State of .
The foregoing provision requiring that owners of residential lots
within the Development be members of the Association is not intended to apply to
those persons who hold an interest in such real estate merely as security for
the performance of an obligation to pay money, e.g., mortgagees and land
contract vendors. However, if such person should realize upon his security and
become the real owner of a residential lot within the Development he will then
be subject to all the requirements and limitations imposed in these restrictions
on owners of residential lots within the Development and on members of the
Association, including those provisions, with respect to alienation and the
payment of an annual charge.
2.
In addition to the
foregoing, The Board of Directors of the Association establishes associate
memberships in the Association for persons who may from time to time be tenants
or regular occupants of dwellings within the Development and who are not
otherwise entitled to the benefits of membership by virtue of being owners or
co-owners of residential lots (as outlined in paragraph (1) above) within the
Development. Such associate memberships, if any, shall cease automatically upon
the termination of such tenancy or occupancy. Associate members shall have none
of the rights of members to vote at meetings of the Association.
B.
Purposes of the Association.
The general purposes of the Association are:
1.
To promote pleasure, social recreation and sports activities for its members,
their families and guests and to develop and maintain a recreationally oriented
environment in the Development;
2.
To provide a means
whereby the streets, and those areas within the Development designated as parks,
lakes, recreational areas and other amenities on the plats thereof, and such
other recreational facilities within the Development as may be conveyed to the
Association or established by it, may be operated, maintained, repaired and
replaced; and
3.
To provide a means
for the promulgation and enforcement of all regulations necessary to the
governing of the use and enjoyment and public safety of such streets,
parks, lakes and recreational facilities or other amenities and such other
recreational facilities within the Development as may be conveyed to the
Association and for the purpose of enhancing and protecting the value,
desirability and attractiveness of the Development as a whole and of each lot
and parcel situated therein.
C.
Power of Association to Levy and Collect Charges
and Impose Liens.
1.
The Association, by its Board of Directors, shall have the powers set forth in
its Articles of Incorporation, together with all other powers that belong to it
by law, as well as the power to levy a uniform annual charge against the
individual lots of the Development. The Board of Directors of the Association,
acting in accordance with the By-Laws of said Association, shall, after
consideration of the financial requirements of the Association, so determine the
annual lot charge.
Each adult person having a legal or equitable ownership in a lot shall be a
member of the association and shall be required to pay only one such annual
charge for each lot owned, subject to contiguous lot status. No charge
shall ever be levied against the Association itself, or any corporation that may
be created to acquire title to and operate utilities serving the Development.
2.
Every such charge so made shall be paid by the member of the Association on or
before the first day of March of each year, or as determined by the Association,
for the current year. The Board of
Directors of the Association shall fix the amount of the annual charge per lot
by the first day of February of each year, and written notice of the charge
so fixed shall be sent to each member prior to February 15th of each
year, or by the date determined by the Association.
3.
If any charge levied
or assessed against any lot subject to these restrictions shall not be paid when
due, it shall then ipso facto become a lien upon the lot or lots owned by the
persons owing such charge or charges, and shall remain a lien against said lot
or lots until paid in full together with interest as is hereinafter provided and
other charges or costs which might become due as a result of non-payment, or as
is hereinafter provided. Such
charges as are provided for in these Restrictions shall bear interest at the
prime rate plus 1% per annum until paid in full.
If, in the opinion of the Board of Directors of the Association, such
charges have remained due and payable for an unreasonably long period of time,
they may, on behalf of the Association, institute such procedures, within law or
in equity, either by way of foreclosure of such lien or otherwise, to collect
the amount of said charge in any court of competent jurisdiction.
The owner of the lot or lots subject to the charge shall, in addition to
the amount of the charge at the time legal action is instituted, be obligated to
pay any expenses or costs, including attorney’s fees, incurred by the
Association in collecting the same.
Every person who shall become the owner of any lot subject to these
Restrictions, whether such ownership be legal or equitable, and any person who
may acquire any interest in such lot, whether as an owner or otherwise, is
hereby notified and by acquisition of such interest, agrees that any such liens
or charges which may be extant upon said lot or lots at the time of the
acquisition of such interest are valid liens and shall be paid. Every person who
shall become an owner of a lot in the Development is hereby notified that by the
act of acquiring such title, such person will be conclusively held to have
covenanted to pay the Association all the charges that the Association shall
make pursuant to these Restrictions.
4.
The Association shall, upon demand, at any time, furnish a certificate in
writing signed by an officer of the Association certifying that the assessments
against said lot remain unpaid, as the case may be.
A reasonable charge may be made by the Board of Directors of the
Association for the issuance of these certificates.
Such certificate shall be conclusive evidence of payment of any
assessment therein stated to have been paid.
D.
Purpose of the Assessment.
The charge or assessments levied by the Association shall be used exclusively
for the purpose of promoting the recreation, health, safety and welfare of the
members of the Association, and in particular, for the improvements and
maintenance of the properties owned or operated by the Association.
E.
Suspension of
Privileges of Membership.
Notwithstanding any other provision contained herein, The Board of Directors of
the Association shall have the right to suspend the voting rights, (if any) and
the right to use the facilities of the Association of any member or Associate
member:
1.
For any period
during which any Association charge (including any fines) owed by the member or
associate member remains unpaid; and
2.
During the period of any continuing violation of the restrictive covenants of
the Development, after the existence of the violation shall have been declared
by the Board of Directors of the Association.
II.
Residential Character of the Development
A.
In General.
Every numbered lot in the Development, unless it is otherwise designated
on the plats, is a residential lot and shall be used exclusively for
single-family residential purposes. No structure shall be erected, placed or
permitted to remain upon said lots, except a single-family dwelling house and
such outbuildings as are usually accessory to a single-family dwelling house.
B.
Residential Use of Accessory Outbuildings Etc.,
Prohibited. No accessory
outbuildings shall be erected on any of said lots prior to the erection thereon
of a single-family dwelling house. In no event shall any such accessory
outbuilding or temporary structure which may be constructed upon such lot under
these restrictions ever be used as a residence or dwelling house or place of
human occupancy or habitation.
C.
Occupancy or Residential Use of Partially
Completed Dwelling Houses Prohibited.
No dwelling house constructed on any of said lots shall be occupied or
used for residential purposes or human habitation until it shall have been
substantially completed. The determination
of whether or not a house shall
have been “substantially completed” shall be made by the “Environmental
Protection Committee” hereinafter described,
following approval by Lincoln
Township Zoning authorities.
III.
Restrictions Concerning Size and Placement of
Dwelling Houses and Other Structures and the Maintenance Thereof.
A.
Minimum Living Space Areas.
No dwelling shall be constructed on any lot in the Development having
less than the following minimum square footage of living space, exclusive of
porches, terraces, garages, car ports, and other buildings:
No house or dwelling shall be permitted having less than a 24’ X 30’ outside
dimension. In the case of one-story houses, all qualifying living space shall be
situated on the first floor of said house.
In determining the amount of
living
space
contained within the house, there shall not be taken into consideration any
area which is wholly or substantially below ground level. A home may not be
constructed with less than 1000 square feet of living space.
B.
All new dwellings
shall comply with the current BOCA code.
C.
Set-Back Requirements In General.
Except as may be otherwise provided in these restrictions or on the plats, no
dwelling house or above grade structure shall be constructed or placed on any
numbered lot in the Development (except fences, the placement of which is
provided for hereinafter) except as follows:
1.
Definitions: “Side Line” is a lot
boundary line that extends from the road on which the lot abuts to the rear line
of said lot. “Rear Line” is the lot
boundary line that is farthest from, and substantially parallel to, the road on
which the lot abuts, except that on corner lots it may be determined from either
abutting road.
2.
FRONT YARDS: The front building setback line shall be equal to (1/2) of the
width of the adjoining road right-of-way. In the event that on a particular lot
the width of the said lot shall be less that sixty-five (65) feet at that point,
then the building setback line on that lot shall be established at the point
where said lot has a minimum width of sixty-five (65) feet.
3.
SIDE YARDS: The side yard setback
line shall not be less than ten (10) feet from the side line of the lot, except
where said lot is a corner lot, and in such cases the minimum side yard setback
line shall be equal to one-half (1/2) of the width of the adjoining road
right-of-way.
4.
REAR YARDS: If the rear of a particular lot abuts on a road, whether public or
private, the minimum rear setback line shall be equal to one-half (1/2) of the
right-of-way of said road. If the rear of a particular lot abuts on
D.
Fences.
In order to preserve the natural quality and aesthetic appearance of the
existing geographical areas within the Development, all property lines shall be
kept free and open one to another and no fences shall be permitted on any lot or
lot lines except where, in the opinion of the Environmental Protection Committee
(as it is hereinafter described), a fence or other enclosure, as a structure or
aesthetic feature of a design concept, will contribute to and be in keeping with
the character of the area. In such cases, The Committee shall determine the
size, location, height and composition of the fence or other enclosure.
E.
Exterior Construction Materials.
The finished exterior of every building constructed or placed on any
numbered lot in the Development shall be of material
consistent with the current BOCA
code.
F.
Diligence in Construction.
The exterior of every
building whose construction or placement on any numbered lot in the Development
is begun shall be completed within six (6) months after beginning of such
construction or placement. No improvement which has partially or totally been
destroyed by fire or otherwise, shall be allowed to remain in such state for
more than
six (6)
months from the time of such destruction or damage.
All structures constructed or placed on any numbered lot in the Development
shall be constructed with a substantial quantity of new materials, and no used
structures shall be relocated or placed on any such lot.
G.
Maintenance of Lots and Improvements.
The owner of each lot in the Development shall,
at all times, maintain said lot and any improvements situated thereon in such a
manner so as to prevent said lot or improvements from becoming unsightly and,
specifically such owner shall:
1.
Remove all debris or rubbish from said lot;
2.
Prevent the existence of any other condition that reasonably tends to detract
from or diminish the aesthetic appearance of said lot;
3.
Where applicable, prevent debris or foreign material from entering any lake or
stream;
4.
When such debris or foreign material has entered a lake or stream from said lot,
to remove same;
5.
Keep the exterior of all improvements constructed on said lot in such a state of
repair or maintenance so as to avoid their becoming unsightly.
H.
Association’s Right to Perform Maintenance.
In the event that the
owner of any lot in the Development shall fail to maintain said lot or any
improvements situated thereon in accordance with the provisions of these
restrictions, and any By-laws of the Association (as hereinafter described),
which, from time to time, may be in effect, and which may be relevant to these
restrictions, said Association, acting
upon the recommendation of the Environmental Protection
Committee,
shall have the right, by and through its agents or employees or contractors
to enter upon said lot and repair, mow, clean or perform such other acts as may
be reasonably necessary to make such lot and the improvements situated thereon,
(if any) conform to the requirements of these restrictions. The cost, therefore,
to the Association shall be added to and become a part of the annual charge to
which said lot is subject, and may be collected in any manner in which such
annual charge may be collected. Neither the Association nor any of its agents,
employees, or contractor shall be liable for any damage, which may result from
any maintenance work performed hereunder.
This maintenance is to be performed
only after proper notification to the lot owner.
IV.
Provisions Respecting Disposal of Sanitary
Waste, Etc.
A.
No outside toilets shall be permitted, and no sanitary waste or other wastes
shall be permitted to enter any
B.
All septic systems constructed on lots shall be constructed in accordance with
the rules, regulations or recommendations of The State of Michigan Department of
Public Health, as they may from time to time be in effect, and with all
authorities concerning disposition of sanitary wastes and similar material. All
such septic systems and percolation tests prepared in connection therewith shall
be designated and prepared by a qualified and registered engineer.
C.
The foregoing notwithstanding, in no event shall any portion of a septic or
sanitary waste system be situated within fifty (50) feet of any lake or stream
or below an elevation of 1070’ if the lot abuts Teel Lake, 1058’ if the lot
abuts Timber Lake and Holiday Lake, or 1105’ if it abuts White Birch Lake; nor
shall any discharge from any sump pump or other similar device be permitted to
enter into a Lake or stream. Violation of this sub-section shall be deemed to
have created a nuisance as the same is herein
after
described.
D.
Copies of all permits, plans and designs and tests relating to the construction
of a septic system shall be submitted in duplicate to The Environmental
Protection Committee (as hereinafter described) at the time of the submission of
all other plans or documents required for the obtaining, from said Committee, of
a permit to build or before any
construction is begun.
V.
General Prohibitions.
A.
In General.
No noxious or offensive activities shall be
allowed on any lot in the
Development, nor shall anything be done on any of said lots that shall become or
be an unreasonable annoyance or nuisance to any owner of another lot in the
Development.
B.
Signs.
No signs or advertisements larger in size than 18” X 24” shall be
displayed or placed on any lot or structure in the Development without the prior
written approval of the Environmental Protection Committee.
C.
Animals.
No animals shall be kept or maintained on any lot in the Development,
except the usual household pets, and in such case, such household pets shall be
kept confined,
controlled,
or attached to a leash so as not to become a nuisance.
D.
Vehicle Parking.
No vehicle shall be parked on any street in the Development.
No truck (8,000 GVW or greater) shall be parked for overnight (or longer)
on any lot in the Development, unless the same shall be parked in such a manner
so that it is not visible to the occupants of other lots in the
Development or the users of any
street or Lake in the Development.
E.
Disposal of Garbage, Trash and Other Like
Household Refuse.
No owner of any lot in the Development shall burn or permit the burning,
out of doors, of garbage, trash or other like household refuse, nor shall any
such owner accumulate or permit the accumulation, out of doors, of such refuse
on his/her
lot.
F.
Restriction on Construction of Model Homes, Etc.
No owner of any lot in the Development shall build or permit the building
upon said lot of any dwelling house that is to be used as a model home or
exhibit house unless prior written permission to do so shall have been first
obtained from the Association. No dwelling constructed within the Development
shall be resold within two years after its construction without the consent of
the Association.
G.
Restriction on Temporary Structures.
No temporary house, garage, or other outbuildings shall be placed or
erected on any lot.
H.
Restrictions on Camping.
1.
Camping shall be allowed without the necessity of a permit each year from the
beginning of Memorial Day weekend through October 31, and at such other times
during the year (“off-season camping”) only in accordance with permits issued by
the Board of Directors of the White Birch Lakes Recreation Association
(“Association”). The granting of such permits to not be unreasonably withheld,
but which will not, in any event, permit off-season camping for any landowner
for a duration of more that fourteen (14) consecutive days.
2.
Each camping unit must meet Health Department requirements.
3.
All camping units must be set
back at least 100 feet from any road.
4.
All lots where camping takes place must have an approved fire ring.
5.
All campers must comply with these Conditions.
6.
The Association will enforce these conditions.
I.
Limited Access.
There shall be no access to any lot on the perimeter of the Development
except from designated roads within the Development.
J.
Docks, Piers, Etc.
No pier, dock or other structure may be constructed in such a manner that
any portion thereof extends more than fifteen (15) feet into the lake, and in no
event shall any pier, dock or other structure be erected without prior written
permission of the Environmental Protection Committee hereinafter described.
K.
Boating Restrictions.
Power boating activities on all lakes will be limited to outboard type
boats powered by electric motors only, horsepower of boats powered by electric
motors to be limited to five (5) h.p. Rowboats, canoes and small sailboats (of
the “day sailor” class) are also permitted. No boat shall be equipped with
facilities which will discharge any waste materials into the lake.
L.
Ditches and Swales Shall Not Be Obstructed.
It shall be the duty of every owner of every lot in the Development on
which any part of an open storm drainage ditch or swale is situated, to keep
such portion thereof as may be situated upon his lot continuously unobstructed
and in good repair, and to provide for the installation of such culverts upon
said lot as may be reasonably required to accomplish the purposes of this
sub-section. And, all lot owners, where required, shall install dry culverts
between the road right-of-way and their lots in conformity with the
specifications and recommendations of the Environmental Protection Committee as
hereinafter described.
M.
Installation of Utility Services.
No utility services may be installed under finished streets except in one
of the following methods:
1.
By jacking, drilling or boring; or
2.
If an open trench method is used, such trench must be covered with a six (6)
inch thick slab of 2500 PSI concrete bridging the backfilled trench
approximately twelve (12) inches below the finished grade and bearing at least
twelve (12) inches on each side of the trench.
The trench above the concrete slab shall be finished to match the
existing street.
VI.
The Environmental
Protection Committee.
A.
Composition of the Committee.
The committee shall be composed of a minimum of three (3) members who
shall be appointed by the president of
the Association and approved by the
Board of Directors and shall
be subject to removal by the same at any time. Any vacancies from time to time
existing, shall be filled by appointment
in the same manner.
B.
Duties of the Committee.
The Committee shall deal with all lot improvements, building
restrictions, forest conservation and tree removal, contiguous lot status,
camping regulations and permits, maintenance of properties, blight and clutter
and such other items as assigned by The Board of Directors. The committee shall
approve or disapprove any application within thirty (30) days after all required
information shall have been submitted to it.
One copy of the application and
submitted material shall be retained by the committee for its permanent files.
All notifications to applicants shall be in writing, and, in the event that such
notification is one of disapproval, it shall specify the reason or reasons for
such disapproval.
C.
Powers of the Committee.
1.
2.
3.
Whenever two or more contiguous lots in the Development shall be owned by the
same person, and such persons shall desire to use two (2) or more of said lots
as a site for a single family dwelling
house, he/she
may apply in writing to the Environmental Protection Committee for
permission to use said lots for said
purpose. If written
permission for such a use is granted, the lots constituting the site for such
single family dwelling house shall be treated as a single lot for the purpose of
applying these Restrictions to said lots, so long as the lots remain improved
with one single family dwelling house.
4.
Camping Regulations and Permits.
The Committee shall have the power to inspect and require compliance with
all camping restrictions as set forth in section V. H. and such other rules and
regulations as the Board of Directors of the Association may, from time to time
require.
5.
Maintenance of Properties, Blight and Clutter.
The Committee shall have the power to inspect and require clean-up and
removal of unsightly debris and other items as may be required by the rules and
regulations of the Association. (as per section III. G.)
6.
Disapproval by the Committee.
The Committee may refuse to
grant permission to construct,
place or make the requested
improvement,
or other permission required by these
restrictions when:
a)
The plans,
specifications, drawings and other material submitted are themselves inadequate
or incomplete, or show the proposed improvement to be in violation of these
Restrictions.
b)
The design or color
scheme of a proposed improvement is not in harmony with the general surroundings
of said lot or with adjacent buildings or structures.
c)
The proposed
improvement or permission, or any part thereof, would in the opinion of the
Committee, be contrary to the interests, welfare or rights of all or any part of
the owners of other lots in the Development.
d)
Any lot owner may appeal the decision of this Committee to the Board of
Directors of the Association.
7.
Power to Grant Variances.
The Committee may allow reasonable variances or adjustments to these
Restrictions where literal application thereof would result in unnecessary
hardship; provided, however, that any such variance or adjustment is granted in
conformity with the general intent and purposes of these Restrictions and that
the granting of a variance or adjustment will not be materially detrimental or
injurious to any other lots in the Development.
8.
Power to Charge
Fees.
The Committee may, if it deems the same to be reasonably necessary for
the accomplishment of its duties and responsibilities, assess a fee not to
exceed the fee set by the Board of Directors of the Association for considering
the application of any person under this section. However, when a determination
has been made that a fee should be charged, it shall be uniformly charged to all
applicants.
9.
Liability of Committee.
Neither the Committee nor any agent thereof, nor the Association, shall
be liable in any way for any defects in any plans, specifications or other
materials submitted to it, nor for any defects in any work done according
thereto.
10.
Special Provisions
Concerning Piers.
When the Committee shall permit the construction or placing of a
structure, wholly or partly within a lake, such permits shall constitute a mere
license from the Association or its successors in title to the lake which may be
terminated or restricted.
All
permits shall be in conformance with Section V, J of these restrictions.
11.
Right
of
the Committee to
Inspection.
To the extent that inspection of improvements
and
other
items
requiring action by this Committee is not provided by appropriate governmental
agencies, it shall be the
right
of the
Committee to inspect
the
property and any
work
being performed with its permission to assure compliance with these Restrictions
and applicable regulations.
12.
Enforcement.
The
Committee
shall enforce these restrictions
pursuant to regulations approved by the Board of Directors and subject to
appeal to the Board of Directors of the Association. Past non-enforcement of any
of these restrictions shall not constitute a precedent that would prevent their
future enforcement by the committee.
VII.
Easements.
The Association creates and reserves unto itself, its successors and
assigns, certain easements along, across, over, under and upon the real estate
that constitutes the Development. The easements so reserved by the Association
are described as follows:
A.
The Association, for itself, its successors and assigns and licensees, reserves
a ten (10) foot wide easement on each lot along all road rights-of-way, and a
five (5) foot easement along the side and rear lines of each and every lot in
the Development and also a ten (10) foot wide easement along the outside
perimeter boundary lines of lots situated on the perimeter of the Development
for the purpose of installing, maintaining and operating utility lines and mains
thereon, together with the right to trim, cut or remove any trees and/or brush,
and the right to locate guy wires, braces and anchors wherever necessary upon
said lots for installation, maintenance and operation of utilities, together
with the right to install and maintain and operate utility lines and mains and
appurtenances thereto, and reserving unto itself, its successors and assigns and
licensees, the right to ingress and egress to such areas for any of the purposes
heretofore mentioned. No permanent building shall be placed on such easements,
but the same may be used for gardens, shrubs, landscaping and other purposes,
provided that such use or uses do not interfere with the use of such easements
for their intended purposes. In instances where an owner of two or more
adjoining lots erects and constructs a dwelling or building which will cross
over or through a common lot line, the same shall not be subject to the
aforementioned five (5) foot easement along or upon the contiguous or common lot
line.
B.
The Association further reserves for itself, its successor and assigns and
licensees, for lake and shoreline maintenance and control along that portion of
each lot contiguous to the shoreline of a lake, an easement ten (10) feet wide.
Any such lot shall also be subject to a flowage easement to an elevation on the
lot equal to the high water elevation of such lake.
C.
The Association, for itself, its successors and assigns and licensees, reserves
a thirty (30) foot wide easement along all road rights-of-way for the purpose of
cutting and filling and drainage. The Association further reserves unto itself,
its successors and assigns and licensees, the right to cause or permit drainage
of surface water over and/or through said lots, and further, it reserves an
easement on, over and under all road rights-of-way for the purpose of
installing, maintaining and operating utilities or drainage, and such additional
easements for drainage as may be shown on the recorded plat.
D.
Each lot shall further be subject to an easement for the maintenance and
permanent stabilization control of slopes.
E.
No owner of any lot in the Development shall have any claim or cause of action
against the Association, its successor, assigns or licensees, either in law or
in equity, and arising out of the exercise of any easement reserved hereunder,
excepting in cases of willful or wanton negligence.
VIII.
Ownership, Use and Enjoyment of Streets, Parks
and Recreational Facilities, No Dedication of Streets, Etc.
Each street, lake, park, recreational facility or other amenity depicted on the
recorded plats of the Development, is and shall remain private, and neither the
Association’s execution or recording of the plats nor the doing of any other act
by the Association is, or is intended to be, or shall be construed as, a
dedication to the public of any of the streets, lakes, parks, recreation
facilities or other amenities. A
license upon such terms and conditions as the Association, its successors,
assigns or licensees shall from time to time grant, for the use and enjoyment of
each of said streets, lakes, parks, recreational facilities and other amenities,
is granted to the persons who are from time to time members of the Association
hereinafter described. Ownership of the streets, lakes, parks, recreational
facilities and other amenities shall remain in the Association, subject to the
conditional license described above.
The Association covenants, for itself, its successors, assigns and licensees,
fee simple title, free of financial encumbrances, to such streets, lakes, parks,
recreational facilities, dams and spillways and other amenities, together with
all oil, gas and mineral rights of the Development. Such conveyance shall be
subject to easements and restrictions of record, and such other conditions as
the conveyance shall be deemed to have been accepted by the Association and
those persons who shall from time to time be members thereof, upon the recording
of a deed or deeds conveying such streets, lakes, parks, recreational
facilities, dams and spillways and other amenities to the Association.
IX.
Speed Limits.
No motorized vehicle shall be driven on any street within the Development at a
speed in excess of the posted limits or in violation of the laws of the State of
Appropriate postings of these speed limits shall be made by the Association. The
Association shall have the power to assess fines for the violation of such speed
limits in accordance with the schedule of fines promulgated by the Association.
Every such fine shall be paid promptly upon its being assessed, and if it
is not, the Association may add the amount of the fine to the annual charge made
by the Association, and the amount of such fines shall be collectable by the
same means as are prescribed for the collection of delinquent annual charges of
the Association.
X.
Provisions with Respect to Lakes and Lots
Contiguous Thereto.
A.
In General.
Certain lots in the Development are, as aforesaid, contiguous to a lake which
has been established within the
boundaries of the Development.
1. The water in and the land under all lakes is and will be owned by the Association. All lakes are depicted on the recorded plats of the Development. The title that is acquired by the grantee of lots contiguous to a lake (and by the successors and assigns of such grantee) will and shall extend only to the shorelin