Covenants and Restrictions recorded on June 30, 1960, Liber 4089, Page 290-298, Oakland County Records.
AXFORD ACRES No. 5 and 6 SUBDIVISIONS
GENERAL USE OF PROPERTY
(1)Each Lot in the above named subdivision and the building thereon shall be used for single resident purposes only and for no other purpose whatsoever.
(2)A building site shall consist of at least one lot as platted. A lot and a contiguous portion of an adjoining lot or lots may be combined to form one building site. No building shall be erected, altered, placed or permitted to remain on any lot other than one single private resident dwelling with attached garage if any.
(3)No business whatsoever shall be permitted in said subdivision.
ARCHITECTUAL APPROVAL
(1)No building shall be erected, placed or altered on any lot until a complete set of architectural plans and specifications in duplicate, of any building or docks to be erected on said lots, including a plot plan showing the location and dimensions of the building, driveway, septic system, drain field and well, and any other improvements to be constructed, have been submitted and approved in writing by John G. Naimish and Madelon N. Naimish, his wife, or their authorized agents of said subdivisions.
(2)John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision reserve the right to reject any plans submitted that do not harmonize with nearby existing structures.
RESIDENCE STRUCTURE
(1)No resident structure exceeding one story in height above the grade level will be permitted. Bi-level or Tri-level resident structures, so-called shall not constitute a violation of this paragraph, and shall be permitted when such construction plans and specifications showing the proposed structure, have been submitted and approved in writing by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision.
(2)No resident structure shall be erected or permitted on any lot unless it shall have a main or ground floor living area of not less than one thousand (1,000) square feet. As used herein, “Main or Ground Floor” shall mean the floor which is substantially grade level at the entrance facing the street of which such dwelling fronts. “Living area” as used herein, shall be the actual area within the outer surface of the outside walls, and shall not include open porches, garages, or carports. Porches that are completely enclosed of a permanent nature by glass or other solid materials shall be considered living area.
(3)No exterior walls of resident structures shall be of log, cinder or cement block, or varnished materials. Stained material must be of a permanent finish.
(continued)
(4)No building shall have a flat roof. All rooflines shall extend not less than two (2) feet beyond the outer surface of the outside walls. No rolled roofing or paper of any kind shall be permitted as the exterior surface of any structure.
(5)All buildings must be erected on a foundation constructed of a permanent material extending below the frost line.
(6)Garages, breezeways, and porches shall have exterior walls constructed only of materials permitted for the main residence structure.
(7)Each building erected on said lots shall have the exterior construction completed within one (1) year from date of commencing construction.
SEPTIC TANKS AND WELLS
(1)Each lot shall have its own individual septic system for the disposal of sewage, and all sewage shall be disposed of in such system. No septic tank or well shall be permitted unless such system is designed, located, and constructed in accordance with the provisions of the regulations of the OAKLAND COUNTY HEALTH DEPARTMENT.
TEMPORARY STRUCTURES
(1)No building of any kind shall be moved onto the subdivision. No structure of a temporary character, trailer, basement, tent, shack, garage, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. No structure may be occupied as a resident prior to the completion and painting of the exterior, complete plumbing and septic systems installed and in working condition, and approved in writing by John G. Naimish or Madelon N. Naimish, his wife, or their authorized agents of said subdivision.
(2)In the event an owner or occupant shall have a private trailer, truck, or commercial vehicle, the same must be housed in a suitable private garage.
BUILDING AND GRADE LINES
(1)No structure or part of any structure shall be erected closed than ten (10) feet to any side lot lines on any lot.
(2)No structure or part of any structure that is higher than one foot above the natural grade line shall be closer to the shore traverse line than as measured along each lot line from the corner stakes at the road on Lot Line Nos. as follows:
Lot Line / Feet / Lot Line / Feet / Lot Line / Feet133-134 / 65 / West Line of 142 / 123 / 145-146 / 150
134-135 / 88 / 142-143 / 115 / 146-147 / 143
135-136 / 100 / 143-144 / 125 / 147-148 / 187
136-137 / 112 / 144-145 / 138 / 148-149 / 138
149-150 / 138
(continued)
(3)Front Line set backs on Lot Nos. 131, 132, 133, 137, 138, 139, 140, 141, 150, 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.
(4)John G. Naimish and 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 provisions shall be strictly observed, sole arbiter of the orientation of any structure on each lot and its side line and set back lines.
EASEMENTS
(1)Easements for the installation and maintenance of public utilities and drainage facilities are reserved. Such other easements are hereby reserved to enter upon the premises, if necessary, to construct, operate and maintain any other improvements, whether under or above the ground. Pipes, poles, wires, etc. to be placed on lot line, whereever possible or practical.
MISCELLANEOUS
(1)Basic 1andscaping including finish grading and seeding or sodding and installation of driveways must be completed within a reasonable length of time.
(2)No fences other than living shrubs and wood fences, or corral or picket type will be approved and permitted. Such fences shall extend only from the road on the sidelines to the lake front side of the residence building line, providing such fences shall not exceed four (4) feet in height. No fences shall be permitted in front of the lakefront building line of the main residence structure. No hedges or shrubs will be permitted in front of the front building line exceeding four (4) feet in height. An area enclosed with cyclone or chain-link wire fence not more than four (4) feet in height for the use as children’s’ play area or pet dog enclosure will be permitted only when approved as to area, location and type
(3)No lot or building plot shall be used as dumping ground for rubbish nor for the storage of materials, except for such materials as are necessary for and used in the course of construction. No outdoor trash cans or collection containers shall be permitted on any lot after completion of the main residence structure. All containers must be kept under cover in a garage, utility room, basement, buried level with the ground and properly concealed from view.
(4)No outbuildings of any kind shall be constructed, erected, placed or maintained on any lot or building plot.
(5)All oil storage tanks must be kept under cover in a garage, utility room, and basement, buried or concealed from view by enclosure.
(6)All docks erected shall not be more than two feet above the water.
(7)No animals shall be kept or maintained except household pets for use by the owner and not for commercial purposes. All animals shall be kept in such a manner as not to be destructive to other property owners.
(continued)
(8)Nothing herein contained shall be construed to prohibit suitable subdivision sale signs by the subdivider and/or builders or the subdivider. Any lot owner desiring to resell shall not erect and maintain the usual “For Sale” signs. No signs or advertising devices of any kind may be erected, installed, displaced or permitted to remain on any lot.
(9)The owners of all lots, shall prior to June 15th, of each year, cause all weeds and grass growing on said lot to be cut, shrubbery trimmed, and the residue removed so as to have the property present a clean appearance.
(10)At any time the sale by the grantors of three-fourths of the lots in said subdivision (execution of an executory land contract of sale constituting a sale for the purpose of this paragraph) the grantors may (but they need not) appoint and constitute an association of lot owners (including purchasers on executory land contract) organized for this purpose, or for this and other purposes, to exercise all or any further rights and duties of supervision, control and approval in connection with these restrictions which are reserved to execution and recording of appropriate instrument of appointment by the first party, all of its said last mentioned rights an duties shall be vested in such association and such associations shall thereupon have and exercise the same.
(11)In the event that any part or provision of the restrictions contained herein should be held ineffective or invalid for any reason by waiver, any judgement, decree, or other court order or otherwise, all other parts and provisions of these restrictions shall nevertheless remain in full force and effect.