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 (hereinafter called Association) to enforce the restrictions and to preserve the value and amenities, to, maintain and administer the common 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 charges, 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 mean and 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 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 ex eption of the Common Area.

Section VI: Grantor shall mean and 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 & Restrictions of the agreement.

 

ARTICLE II: PROPERTY RIGHTS AND OBLIGATIONS

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 title to every parcel, subject to:

A. The right of the Association to suspend the voting rights and right to use of recreational faciltities by an Owner for any period during which any assessment 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 tranfer shall be effective unless an instrument agreeing to such dedication or transfer os signed by two-third (2/3) of each class of memebership has been recorded.

Section II: Delegation of Use of Common Area
Any owner may delegate his rights of enjoyment, as provide 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, keep the access routes and common areas free from debris and in a condition which property owners would enjoy.

 

ARTICLE III: WILDLIFE SANCTUARY ASSOCIATION

Every owner of a Parcel in the development shall be a member of Wildlife Sanctuary and 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

 

ARTICLE IV: COVENANT FOR MAINTENANCE ASSESSMENTS

Section I: Creation of the Lien and Personal obligation of Assessments
The Owner of each Parcel owned within the Property, hereby covenants, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the assessments or charges specified in Section 3 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 the Owner of such property at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

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, stream, 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 whatever 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 by such Lot from seller.
B. An annual assessment of $50.00 for each Parcel shall begin on the 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 and each year thereafter. After January 1, 2000, the amount of the annual assessment provided may, after consideration of the needs of the Association, be increased by the Board, but said annual assessment may only be increased by the affirmative vote of at least two-thirds (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, reconstruction, repair or replacement of a capital improvement upon 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 assessment would be levied on each 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 for herein by nonuse of any Common Areas.

Section VI: Liens
The lien of the assessments provided for herein shall be 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 assessments thereafter becoming due or from the lien thereof.

 

ARTICLE V: ARCHITECTURAL AND ENVIRONMENTAL COMMITTEE

Section I: Composition
An Architectural and Environmental Committee (hereinafter AEC) composed of a 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 in writing.

Section III: Time Limit
In the event that the AEC fails to take action on any plan as provided in Section II above, within fifteen (15 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 #I and #2 and # 18 # 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 sale of Parcels or units within the Community. Parcels may not have the garages facing the main road.

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 written consent of the AEC, and approval of the appropriate governmental authority.

Section IV: Building, Design

A. The design of all building 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, landscaping incorporating existing flora, and by attempting to disturb the natural environment as little as possible, while still providing an optimum human environment. No single family dwelling or duplex can be erected, altered or placed on a Parcel which exceeds 2 1/2 stories in height. Every living unit must contain a minimum of 1600 square feet of living space exclusive of porches, balconies, garages, etc., Duplexes must contain a minimum of 1200 square feet of living space each. All septic systems must be between the house and the street. All wells must be 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.

Section V: Set Back
All buildings shall be set back not less than thirty (30) feet from the front lot line and not less than twenty (20) feet from all other 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 sewage septic tank area, without written approval of the AEC.

Section VII: Completed Units Only to 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, 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 do so, after 15 days of receipt of the written notice, any expenses incurred by the Association shall be a lien against the property, upon filling of a Notice of Lien in the public records in the City of Hillsdale, Michigan.

Section IX: Attachments to Property

A. Tool Sheds, and other buildings not part of the house, trash receptacles, storage bins, and any small utility structures must be located in such a manner to be shielded from view from adjoining streets.
B. Design and placement of mail or newspaper boxes, yard lights or any other attachments to property 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 or easement of any kind may be made use of by Parcel Owner in such a manner as to restrict 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 create a nuisance including noise.

 

ARTICLE VII: LOT MAINTENANCE

Section I: Owners' Responsibilities
It shall be the responsibility of each Parcel Owner to prevent the development of any unclean, unsightly or 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 the Article VII, with thirty (30) days after written notice to abate said violation has been sent out to a 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 violation. The cost of correcting the violation shall become a lien upon the property.

Section III: Health and Safety Hazards
In the event there is a serious health and safety hazard to the Community, the Board shall have the right to enter with 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, any Parcel for the purpose of implementing effective insect, weed, reptile, and woods-fire control or removing trash. The cost of correcting this violation shall become a lien upon the property.

Section IV: Waiver of Trespass
Entry by the Board on Parcels for the purposes provided in Sections II and 111, above, shall not be deemed a trespass and the costs thereof may be assessed against the Parcel and shall be 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 the assessments as provided in Article IV hereof.

 

ARTICLE VIII: VEHICLES AND ASSOCIATED USES

Section I: Vehicle Defined
For the purposes of the 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 license.

Section II: Vehicle Parking:
No vehicle shall be parked on public right-of-way or front our side yards except in unusual circumstances or under very temporary conditions, such as during a social gathering. No vehicle which is unlicensed or 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 1: General Intent and Purpose of Declaration.
The general intent and purpose of these CCR's is to maintain and enhance the natural environment and scenic resources of the Community for the enjoyment and benefit of all Owner's. 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 the 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 automatically extended as originally recorded for successive period of ten (100 years unless amended, altered or rescinded by an affirmative vote of two-thirds (2/3) of the vote 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 it is rescinded.

Section III: Enforcement
The Association or any Owner shall have the right to enforce, by any proceedings 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.

Section V: Design Guidelines
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, landscaping incorporating existing flora, and by attempting to disturb the natural environment as little as possible while still providing an optimum human environment. Each living unit must contain a minimum of 1600 square feet of living space exclusive of porches, balconies, garages etc.. Duplexes must contain a minimum of 1200 square feet of living space each.

Section VI: Garages and Other Automobile Enclosures
Each Parcel upon which a living unit is constructed shall have enclosed parking space at least adequate to the 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.

 

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