DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The Declaration set forth by the fee holder, Worldwide Real Estate Consultants, Inc., is to bind itself, its representatives and assigns, any title holders hereafter in the chain of title including heirs of any title holders to the restrictions, conditions and easements hereinafter set forth as it relates to the property described in "Schedule A".

Whereas, Worldwide Real Estate Consultants, Inc. desires to create a residential community with a recreation area, open space and common facilities for the benefit of the owners of the property; and to establish "Wildlife Sanctuary", a Michigan Associations (hereafter called Association) to enforce the restrictions, to preserve the value and amenities, to maintain and administer the areas and facilities which are dedicated to the Association.

Now, therefore, Worldwide Real Estate Consultants, Inc. ("hereinafter Grantor) hereby declares that all properties described in Schedule A shall be held, sold, conveyed and occupied subject to the following easements and covenants, conditions and restrictions, along with the changes, assessments and liens, hereinafter set forth which are for the purpose of protecting value and desirability, and which shall run with the real property and be binding on all parties having any right, title or interest in the property described in Schedule A hereto or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

 

ARTICLE I: DEFINITIONS

Section I: "Association" shall mean and refer to the "Wildlife Sanctuary," a Michigan Association, its successors and assigns.

Section II: "Owner" shall refer to the record Owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property, including Contract sellers, but excluding those having such interest merely as a security for the performance of an obligation.

Section III: "Property" shall mean and refer to that certain real property described in Exhibit "A" of this Declaration.

Section IV: "Common Area" shall mean all property, including the improvements thereto, now or hereafter owned by the "Association" and/or the Parcel owners for the common use and enjoyment of all the Parcel owners.

Section V: "Lot" shall mean and refer to the individual parcels of land sold by Grantor, with the exception of the common area.

Section VI: "Grantor" shall mean the title holder: Worldwide Real Estate Consultants, Inc.

Section VII: "AEC" shall mean and refer to the Architectural and Environmental Committee established under Article V, hereof.

Section VIII: "Community" shall be called the Wildlife Sanctuary Community and shall consist of all land set forth in Schedule A.

Section IX: "Board" shall mean and refer to the Board of Directors of the Wildlife Sanctuary Association.

Section X: "CCR" shall mean and refer to Covenants, Conditions and Restrictions of the agreement.

Section XI: "Liens" shall mean the lien of the assessments placed on the properties subject to assessment. Sale or transfer of any Parcel shall not affect the assessment lien. No sale or transfer shall relieve such Parcel from liability for any assessment thereafter becoming due or from the lien thereof.

 

ARTICLE II: PROPERTY RIGHTS AND OBLIGATIONS IN COMMON AREAS

Section I: Owners Easements of Enjoyment
Every owner shall have an easement and right of enjoyment in and to any Common Areas so dedicated. Every owner's right of enjoyment in said Common Area shall pass with the title to every parcel, subject to:

A. The right of the Association to suspend the voting rights and/or right of use of recreational facilities by an Owner for any a period during which any against his Parcel remains unpaid.
B. The right of the Association to grant to a public agency or utility rights in the common area for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by two-thirds (2/3) of each class of membership has been recorded.

Section II: Delegation of Use of Common Area
Any owner may delegate his rights of enjoyment, as provided in Section I above, to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property.

Section III: Obligations
The Association shall have the responsibility to pay expenses from the Assessments to maintain all conservation areas in their natural state, to maintain common areas, to keep the access routes and common areas free from debris and in a condition which property owners can enjoy.

 

ARTICLE III: WILDLIFE SANCTUARY ASSOCIATION

Every owner of a Parcel in the development shall be a member of the Wildlife Sanctuary Homeowners Association and shall be entitled to the rights and subject to the responsibilities imposed by the Articles of Association. A copy of said Articles of Association shall be given to each Owner.

Section I: Association Annual Meeting
The Association shall meet annually on or between the dates of March 1 and May 31. Each Parcel Owner shall be entitled to vote in all business proceedings. The annual meeting shall be set for the following year at each annual meeting. Additional meetings may be called if they are deemed necessary.

Section II: Board of Directors
At each annual meeting the Owners shall elect a Board of Directors, to consist of a President, Vice-President, Secretary, Treasurer and the Grantor. The Board shall be responsible for the enforcement of these Covenants and for carrying out the will of the Association. The Board shall provide written reports to the members of the Association a month in advance of the annual meeting.

 

ARTICLE IV: COVENANT FOR MAINTENANCE ASSESSMENTS

Section I: Creation of the Lien and Personal obligation of Assessments
The Owner of each Parcel within the Property, hereby covenants, by acceptance of a deed therefore, whether or not it shall be expressed in such deed is deemed to covenant and agree to pay to the Association the assessments or charges specified in Section III hereunder. Said assessments or charges, together with interest costs and reasonable fees incurred in the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made and shall be a personal obligation of the person who was Owner of such property at the time the assessment fell due.

Section II: Purpose of Assessments
The assessments levied and collected by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners in the Community, including but not limited to:

A. Payment of operating expenses of said Association
B. Management, maintenance, improvement and operation of conservation areas, streams, park areas, recreation facilities and other Common Areas
C. Maintenance, improvement and operation of any drainage easements and systems.
D. The undertaking of any other program, activity or project whateverc necessary or desirable in the judgment of said Association to preserve or enhance property values, eliminate health or safety hazards or be of general benefit to the Owners or occupants.
E. Enforcement of CCRs.

Section III: Types of Assessments
There shall be three (3) types of assessments.

A. An initial assessment of $25.00 shall be paid to the Association by the purchaser of any Parcel at the time of the initial purchase of such Lot from seller.
B. An annual assessment of $50.00 for each Parcel shall begin on January 1st following the date of recording of the deed, and shall be payable by the record Owner on or before January 20th of that year each year thereafter. After January 1, 2000 the amount of the assessment provided may, after consideration of the needs of Association, be increased by the Board, but said annual assessment may only be increased by the affirmative vote of at least two- (2/3) of the Parcel Owners.
C. Special assessments may be levied in any assessment year. A special assessment is applicable to that year only for the purpose of defraying, in whole or in part, the cost of the construction, , repair or replacement of a capital improvement the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Parcel owners who are voting in person or by proxy at a meeting duly called for this purpose.

Section IV: Uniform Rate of Assessment
Assessments must be fixed at a uniform rate for all Parcels. If a person owns more than one Parcel, the assessments shall be levied on each individual Parcel.

Section V: Nonpayment of Assessments
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum rate permissible by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or may foreclose the lien against the Property. No Owner may waive or otherwise escape liability for the assessments provided by nonuse of any Common Areas.

 

ARTICLE V: ARCHITECTURAL AND ENVIRONMENTAL COMMITTEE

Section I: Composition
An Architectural and Environmental Committee (hereafter AEC) composed of at least three (3) persons, who need not be members of the Association, shall be appointed by the Board for a term of one (1) year, said term to be served concurrent with the term of the members of the Board.

Section II: Design Control
No grading or clearing of any Parcel shall be commenced, nor any building, fence, wall, enclosure or any other construction begun or altered until complete plans and specifications showing the design, type of materials, extent and location of the project have been submitted to the AEC and approved by two-thirds (2/3) vote of the AEC, and written notification has been received by the Owner.

Section III: Time Limit
In the event that the AEC fails to take action on any plan provided in Section II above within thirty (30) days after submission of the same, said plans and specifications shall be deemed to have been approved as submitted and no further action shall be required.

ARTICLE VI: RESTRICTIONS ON PARCEL USES

Section I: In General
The uses permitted on any Parcel shall be the uses permitted by the Code of Laws and Ordinances of the City of Hillsdale, Michigan, as presently existing and as they may be amended from time to time in the future except if the CCRs are more restrictive, then the CCRs shall be controlling.

Section II: Residential Use
No Parcel (with the exception of Parcel One (#1), Two (#2), Eighteen (#18) and Nineteen (#19), which can be used for duplexes) shall be used in whole or in part for anything other than single-family residential purposes, except that the Grantor and/or builders may maintain offices and model units relating only to the sale of Parcels or units within the Community.

Section III: Parcels Shall Not Be Subdivided
No Parcel shall be subdivided or reduced in size, nor shall any Parcel be combined with another without the consent of the AEC, and the approval of the appropriate governmental authority.

Section IV: Building and Design

A. The design of all buildings and structures erected on a Parcel shall be in keeping with the natural character of the Community. Every effort shall be made by the Grantor, each Parcel Owner, the Association and the AEC to blend construction into the natural setting by using natural materials, land- scaping incorporating existing flora, and by attempting to disturb the natural environment as little as possible, while still providing optimum human environment. No single family dwelling or duplex can be erected, altered or placed on a parcel which exceeds two and one half (2 1/2) stories in height. Every living unit must contain a minimum of 1600 square feet of living space, exclusive of porches, balconies, basements, garages, etc. Duplexes must contain a minimum of 1200 square feet of living space per unit. All septic systems must be positioned between the house and the street. All wells must be located behind the house. The purpose of this is to create uniformity, so that a septic system on one Parcel will not conflict with a well on the adjoining Parcels.
B. Each Parcel upon which a living unit is constructed shall have enclosed parking space at least adequate to house two (2) automobiles prior to occupancy of any such living unit constructed on said Parcel. The opening of garages and other covered enclosures shall be designed and located to minimize exposure to adjoining streets in accordance with reasonable standards established by the AEC.

Section V: Set Back
All buildings shall be set back not less than thirty (30) feet from the front property line of the Parcel and not less than twenty (20) feet from adjoining Parcel lines.

Section VI: Removal of Trees
No trees measuring more than six (6) inches in diameter at one (1) foot above the natural grade of the land may be removed from any Parcel, with the exception of the building area and septic tank area without written approval of the AEC.

Section VII: Only Completed Units May Be Occupied
No building or structure shall be occupied until it is completed and complies in full with the terms of this document. No temporary structure, i.e. trailer, basement, garage or other out building shall at any time be used on any Parcel as a residence, either temporarily or permanently.

Section VIII: Parcel Drainage
No Parcel Owner shall be permitted to plant any landscaping within seven and one- half (7 1/2) feet of their side and rear Parcel lines, so that proper drainage can be accomplished. The Association shall have the right to remove any such materials. If the Owner fails to remove plantings after 15 days of receipt of written notice, any expenses incurred by the Association shall be a lien against the property.

Section IX: Attachments to Property

A. Tool sheds and other buildings not part of a house, i.e. trash receptacles, storage bins and any other small utility structures, must be located in such a manner as to be shielded from view from adjoining streets.
B. Design and placement of mail and/or newspaper boxes, yard lights and any other attachments to the Parcel must be approved by the AEC.

Section X: Signs
No signs other than those of the Grantor or the name and address of the homeowner and Real Estate Broker shall be permitted on any Parcel, or improvements thereon without the written approval of the AEC.

Section XI: Easements To Be Unrestricted
No right of way easement of any kind may be made use of by a Parcel Owner in such a manner as to restrict and/or prevent the intended use or enjoyment of said right of way or easement to other Parcel Owners.

Section XII: Nuisances
No injurious or offensive activity shall be permitted on any Parcel in the Community which might tend to cause embarrassment, discomfort, annoyance, or creating a nuisance including excessive noise.

 

ARTICLE VII: LOT MAINTENANCE

Section I: Owner's Responsibilities
It shall be the responsibility of each Parcel Owner to prevent the development of any unsanitary, unhealthy condition of any structure or grounds which would tend to substantially decrease the health, safety and beauty of the Community.

Section II: Abatement of Violation
In the event the Owner of any Parcel or improvement thereon fails to correct any violation of Article VII within thirty (30) days after written notice to abate said violation has been sent to said violator by the Board, the Association shall have the right to enter with appropriate personnel and equipment any Parcel for the purpose of abating the said violation. The cost of correcting the violation shall become a lien on the Property.

Section III: Health and Safety Hazards
In the event there is a serious health or safety hazard to the Community, the Board shall have the right to enter an Owner's Property with the appropriate personnel and equipment after such notice to abate said health or safety hazard has been sent to the Owner as is reasonable under the circumstances, for the purpose of implementing effective insect, weed, reptile and woods-fire control, and for the removal of trash. The cost of correcting this violation shall become a lien upon said Property.

Section IV: Waiver of Trespass
Entry by the Board on Parcels for the purposes provided in Sections II and III above shall not be deemed a trespass, and the costs thereof may be assessed against the Parcel and shall considered a charge on the land and a continuing lien upon the Parcel and shall be enforced in a manner similar to the enforcement of assessments as provided in Article IV hereof.

 

ARTICLE VIII: VEHICLES AND ASSOCIATED USES

Section I: Vehicle Defined
For the purpose of Article VIII, a vehicle shall be considered to be any automobile, truck motor home, camper, motorcycle, tractor, boat, trailer, snow mobile and any other type vehicle owned or otherwise used by a Parcel Owner or a member of his family, for which ownership or use requires a title, tag, permit or lease.

Section II: Vehicle Parking
No vehicle shall be parked on public right-of-way or front side yards except in unusual circumstances or under very temporary conditions, such as during a social gathering. No vehicle which is considered to be inoperative shall be allowed to remain on any Parcel for a period in excess of two (2) days without Association approval.

Section III: Vehicle Repairs
Vehicle maintenance and minor repairs only are permitted in the Community, and such maintenance or repairs must be limited to the Owner's own family vehicles and must be performed within an enclosure or any area screened from adjoining streets.

 

ARTICLE IX: GENERAL PROVISIONS

Section I: General Intent and Purpose of Declaration
The general intent and purpose of these CCRs is to maintain and enhance the natural environment and scenic resources of the Community for the enjoyment and benefit of Owners. More specifically, it is the purpose of the CCRs to protect natural marshes, lakes, fresh water supplies, and to recharge, maintain and conserve the biotic systems that nature has provided; to promote conservation of soil, vegetation and wildlife and their value to the Community; and to afford and enhance recreational opportunities for all members of the Community.

Section II: Amendment and Rescission
The CCRs of this declaration shall run with and bind the land for a term commencing on July 5, 2000 and running until January 1, 2010 after which time said Declaration shall be automatically extended as originally recorded for ten (10) years unless amended, altered or rescinded by an affirmative vote of two-thirds (2/3) of the entire membership of the Association. Any such amendment or rescission must be recorded.
If not amended, the Declaration shall be extended each ten years until rescinded.

Section III: Enforcement
The Association or any Owner shall have the right to enforce by any proceeding at law or in equity, all CCRs, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any provisions of this Declaration shall in no way be deemed a waiver of the right to do so thereafter.

Section IV: Severability
Invalidation of any one of these CCRs by judgment or Court Order shall in no way affect other provisions of this Declaration which shall remain in full force and effect.

 

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