Yorkshire Hills Deed Restrictions Protective Covenants

February 13, 1992

Recorded: Washtenaw County, MI

July 1, 1992, 12:00 PM

Peggy Haines

County Clerk/Register

Liber 2646 pages 596-604 

The undersigned, being owners of the property known as Yorkshire Hills, as recorded in Liber 28, Pages 71, 72 and 72, Washtenaw County Records, as described on the attached exhibit known as Exhibit A do, this 23 day of April, 1992, 

HEREBY DECLARE THAT the following general restrictions are covenants running with the land, binding on the heirs, personal representatives, successors and assigns of the Grantors, and the Grantees of all individual lots in said subdivision, for the time limited in this instrument, with the specific exception of those restrictions enumerated in paragraphs 2, 7, 9, 10, 15 and 16 which shall run with the land in perpetuity. 

DEVELOPER is Philip F. Conlin, whose principal address is 2190 S. State Street, Ann Arbor, Michigan 48104. (313) 668-4600. 

USES OF PROPERTY 

1. RESIDENTIAL USE. Each lot in the subdivision shall be used and occupied for single family residence purposes only. No building or other structure shall be permitted on any lot other than a single family dwelling with an attached garage of not less than two car capacity; except that a swimming pool, tennis court, badminton court, or similar facility, walls or other accessory buildings may be built in such manner and location deemed to be in harmony with the character of the subdivision as it develops, and in conformance with these building and use restrictions, and in conformance with all governmental regulations. Fences are expressly prohibited except as approved in the same manner as set forth in Paragraph 22.

2. EASEMENTS. Easements for installation and maintenance of utilities, entranceways and/or storm drains or any other purpose are shown on the plat and the grading plan (attached hereto Exhibits B & C). After such utilities, entranceways and/or storm drains or other utilities have been installed, planting, or other lot line improvements shall be allowed as long as access without charges be allowed for the utilities, entranceways and/or storm drains or other improvements installed or for the installation of additional utilities, entranceways and/or storm drains. Property shall be restored to its original condition.

1. Every lot owner shall maintain easements, located within their lot, in a neat and orderly manner including mowing and debris removal.

2. Prior to the installation of any driveway culverts located in road right of ways, the lot owner shall obtain from the Washtenaw County Road Commission the size and installation specifications for such culvert and shall install such culvert pursuant to such size and installation specifications all subject to the final approval of the Washtenaw County Road Commission. Said culvert must be installed prior to any site preparation or construction.

3. UTILITIES. No utilities other than underground utilities, shall at any time be installed on any property contained within that described in the above mentioned exhibits.

4. 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 Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation.

5. LOT OWNERS ASSOCIATION.

1. There is hereby established the Yorkshire Hills Lot Owners Association, which shall be incorporated as a Michigan non-profit corporation, herein referred to as “ASSOCIATION”. The Lot Owners Association is to consist of the owners of the residential lots in the Yorkshire Hills Subdivision recorded or to be recorded. Association directors shall be appointed by the Developer, or his assigns, after 70% of the lots or building sites of the finally approved subdivision plats have been sold.

The Developer shall appoint the Board of Directors within thirty (30) days following sale of 70% of said lots and said Board shall proceed to adopt suitably By-Laws for the government of the Association. Each residential lot or building site in said subdivision shall be entitled to one (1) vote in the Association. When 90% of said lots have been sold, per the calculation stated above, the Directors shall be elected by the members of the Association and the terms of the then existing Director shall forthwith terminate. 

2. The Association shall have the right and power in its own name to take and prosecute all suits, legal, equitable or otherwise which may be, in the opinion of the Association, necessary or advisable for any purpose deemed for the benefit of the Association members.

6. MAINTENANCE FUND.

1. All lands included in any final plat approved and recorded within the entire development, whether owned by the Developer or by others, except streets maintained for the general use of the owners of the land included in said tract, shall be subject to an annual maintenance charge at the rate of $25.00 per lot, for the year, and at such rate as may be determined by the Association for each year thereafter, for the purpose of creating a fund to be known as the Maintenance Fund, to be paid by the respective lowers of the lots or building sites included in plats finally approved and recorded within the entire development annually in advance, on the first day of January in each year, commencing with January 1, 1992.

2. Said annual charge may be adjusted from year to year, after 1991 by the Association, as the needs of the property may in their judgment require, but in no event shall such a charge be raised above $50.00 per lot, except by the approval and consent of 66-2/3% of the members of the Association, present and voting at any meeting thereof, or represented by written proxy which approval and consent shall make any such additional assessment binding upon all of the owners of the property in said subdivision or subdivisions.

3. Said maintenance fund shall be used for benefits and obligations of the Association and members thereof including liability insurance, taxes, subdivision entrance sign maintenance, drainage easement maintenance, lawn mowing at the entrance areas, etc., and for other things necessary or advisable in the opinion of the Association for the maintenance and improvement of the Subdivision.

4. It is expressly agreed that the Maintenance Fund charges referred to herein shall be a lien, along with any and all expenses incurred for said lien, on the property to which said charges are made. It is further agreed that by the acceptance of title to any of said lots the owners, from the time of acquiring title thereto, shall be held to covenant and agree to pay the Association all charges provided for herein, which were then due and unpaid, to the time of his acquiring the title, and all such charges thereafter falling due the ownership thereof. Any mortgage who subsequently becomes an owner of the lot shall be subject to payment of these charges the same as any other owners. A Certificate in writing issued by the Association or its agent shall be given on demand to any owner liable for said charges. This Certificate shall be binding on said parties hereto.

7. DRAINAGE DISTRICT.

1. This entire subdivision will be a Chapter 4 Drainage District, with specific drainage easements within this subdivision, dedicated to Washtenaw County Drain Commission.

2. No grading or berming shall be permitted that will impede the natural flow of surface water onto or off any lot other than to direct water around drainfields or homes.

3. There are additional surface drainage easements as shown on the grading plan (attached hereto Exhibits B & C) that specifically effect lots 24, 25 and 53. Because these lots are effected by surface drainage, which effects other lots, extreme care should be used when grading, berming or diverting the natural flow of surface water on to or off of these lots.

Special consideration and attention will be required by York Township on the site plan for the building permit for each of these lots. 

4. It may be necessary, from time to time, for the general cleaning and maintenance of drainage easements. The funds for these services shall be appropriated by the Homeowners Association from the Maintenance Fund if available.

8. SIGN EASEMENT. Lots number 19 and 20 shall have a maximum 1500 square foot easement for subdivision entrance signs and plantings and agree to allow duly authorized representatives of the Association access to this area for maintenance and repair.

9. BUILDING AND USE RESTRUCTIONS.

1. LAND USE AND BULIDING TYPE. All land shall be used for single family residential purposes. No building or structure shall be erected, altered, placed, or permitted to remain on any parcel of the subject property other than one detached single family dwelling and accessory buildings appropriate to single family dwellings.

2. SIZE AND HEIGHT. No structure shall be erected, placed or altered on any parcel of property not in conformance with the following minimum size requirements as to living area, measurements to be made of external walls:

Living area shall contain a minimum of 2000 square feet for single stories and 2300 square feet for multi-story buildings. A minimum of 1,150 square feet of the lot area shall be occupied by the living area. 

Garages, carports, porches, and breezeways shall not be included in computing such required floor area. No part of the residence more than 2/3 below ground level shall be included in computing such required floor area. 

3. GARAGES. Every home shall have an attached side entry garage of not less than two car capacity.

4. MAILBOXES. Developer shall install a uniform mailbox post for each lot at a maximum charge to the lot owner of $50.00 per lot. All newspaper receptacles must be attached to mailbox post only.

5. TYPE OF CONSTRUCTION. Exterior materials to be used must be approved by the Developer. All chimneys that are on the outside front, sides or rear of home must be masonry, unless otherwise approved by Developer, all other chimneys must have a decorative or ornamental top approved by Developer. No plywood siding allowed. All construction work shall be done under the supervision of a licenses builder.

6. ROAD, ROAD SHOULDER, ROAD SIDE DITCHES AND DRAINAGE WAYS. During construction periods any damage to road, road shoulder, road side ditches and drainage ways shall be repaired at the sole cost and expense of the lot owners for whom construction is being performed. Such damage, shall be defined by the Washtenaw County Road Commission and the Washtenaw County Drain Commission, shall include, but is not limited to: broken pavement, squashed culverts, ruts in drainage ways, erosion sediment from lot and regrading.

If damage occurs, the Developer or Association, shall give written notice to the lot owner as to the extent of such damage. The lot owner shall repair said damage within 30 days after receiving said notice. Time extensions may be granted due to adverse weather conditions. After 30 days plus any adverse weather extensions the Developer or Association may repair such damage and bill the lot owner. If said costs are not paid within 30 days, Developer or Association may place a lien upon the subject lot for such charges plus all appropriate legal expenses, or any other actions which may be permitted by law. 

10. BUILDING APPROVAL. No dwelling, structure, swimming pool, fence, TV disc, permanent sports type outdoor court or facility, out building, or other development shall be permitted upon any lot in the subdivision, nor shall any grade in the subdivision be changed or other construction work done, unless Developer’s written approval is obtained in advance as follows:

The proposed plot plan, construction plans and specifications shall be submitted in duplicate to the Developer, for approval and said written approval received prior to submittal to York Township for a Zoning Compliance permit. The plot plans shall show the finished grade, the plot, the location of the dwelling, mailbox post and all other buildings and structures. The construction plan and specifications shall show the size, type and materials of exterior construction together with the grade and elevation of all buildings and structures and shall provide other pertinent construction details. 

One copy of these plans and specifications shall be permanently kept by the Developer. Developer shall not give its approval to the proposal unless in its sole and absolute opinion such construction and development will comply in all respects with the building and use restrictions set forth in the document; nor shall Developer give its approval unless the external design, materials and location of the construction proposal shall be in harmony with the character of the subdivision as it develops and with the topography and grade elevations both of the lot upon which the proposed construction is to take place, and the neighboring lots in the subdivision. Developer shall have the right to assign his responsibilities and authority hereunder to a third party. If anyone begins any such construction without the above stated approval, he hereby agrees to forthwith completely remove such construction upon being informed by the Developer, regardless of the stage of completeness of such construction. If it is not appropriately removed, the Developer has the full right to enter upon such property and cause such construction to be removed; the cost of removal plus all appropriate legal expenses etc. shall be chargeable to the lot owner and the Developer may place a lien upon the subject lot for such charges plus applicable interest. 

1. This paragraph 10 shall not be changed or amended while Developer or his assigns retain ownership to any lots within the subdivision.

2. Lot owners should be aware that York township may require the following information for application of a building permit:

1. existing and proposed elevations at property corners.
2. drainage arrows
3. on-site benchmark clearly identified and visible and well secured
4. first floor elevation

3. Individual building permit plot plans will be reviewed by York Township for conformance with the Yorkshire Hills Subdivision overall grading plan (attached hereto Exhibits B & C).

11. CONSTRUCTION PROGRESS. The building alteration or repair of any dwelling or structure in the subdivision, once commenced, shall be completed as soon as reasonable possible; and in the event construction progress ceases for a period of more than one hundred twenty (120) days, except due to strikes, acts of God, or other conditions beyond the control of the builder, Developer is authorized to demolish it and clear the property, or to complete it; and in either event the expense involved shall be charged against and be a lien upon the subject lot. All unused building materials and temporary construction shall be removed from the subdivision within ten 9100 days after substantial completion of construction. The portion of the ground surfaces which is disturbed by excavation and other construction work, shall be final graded and seeded or covered with other landscaping as soon as the construction work and weather permits, but not more than eight (8) months after a Certificate of Occupancy is issued.

12. UNFINISHED STRUCTURES. No unfinished structure may be occupied as a residence at any time prior to completion in accordance with approved plans.

13. SIGNS AND BILLBOARDS. No signs, billboards, or other advertising devices or symbols shall be displayed anywhere in the subdivision except “For Sale” signs of not more than six (6) square feet in area, advertising a single lot or dwelling. Developer, Builder or their assigns shall have the right to erect signs of larger size advertising eh subdivision during its development, construction and sale. All such signs allowed must be maintained in good condition and must be removed promptly upon the termination of their use. Subdivision entrance signs are exempt from this provision and shall be maintained by the Lot Owners Association.

14. SALES LOCATIONS. Builders or their assigns may use model homes as an office or sales locations together with appropriate signs in this subdivision until such time as all of their lots in the subdivision have been improved with residential dwellings.

15. WASHTENAW COUNTY HEALTH DEPARTMENT REQUIREMENTS. All of the septic systems of all lots in Yorkshire Hills shall be installed according to plans and specifications approved by the Washtenaw County Health Department.

1. All wells must be drilled through a 10’ thick clay protecting layer. All wells must be screened and drilled at least 75’ below ground surface and grouted with bentonite to the top of the aquifer.

2. Chemical analysis of the water from test wells in the subdivision determined an iron content of 1.77 mg/1. The recommended secondary standard is 0.3 mg/1. Iron may stain laundered goods, impart a bitter or astringent taste to the water, and adversely affect the taste of other beverages and good made from the water. It may be necessary to install iron removal equipment.

3. Due to low yield wells and dry holes, this area is a designated well first area. We would require that wells be drilled prior to issuing a sewage permit.

4. The detention pond (D2) is designed to hold water for less than 48 (forty-eight) hours.

Ponds are for the sole purpose of slowing runoff during large storms and may not be used to pond water permanently. 

16. Restrictions as noted in paragraph 15 cannot be changed without the written approval of the Washtenaw County Health Department.

17. TEMPORARY STRUCTURES. Trailers, tents, shacks, barns and any temporary building of any design are expressly prohibited within this subdivision, except those necessary for current construction and approved by the Developer.

18. VEHICLES.

1. MOTOR VEHICLES. No motor vehicle of any kind shall be parked on the easement for ingress and egress or in any driveway or yard in an non-operating and/or non-licensed condition.

2. COMMERCIAL VEHICLES. No commercial motor vehicle over 24 feet in length, or semi-tractor and/or trailer shall be parked on any street, easement, driveway, or yard for more than 8 hours in a 24 hour period, except for commercial vehicles and machines and equipment required to perform construction or repair services to the dwelling for the period of time necessary for said construction or repair.

3. RECREATIONAL VEHICLES. The on-site storage of only one recreational vehicle such as camper, self-propelled motor homes, snowmobiles, all terrain vehicles, boats and boat trailers which are licenses by the property owner and in operative condition, shall be permitted if stored behind the rear line of the house and on a hard surface similar to the driveway.

19. LIVESTOCK AND POULTRY. No animals, livestock, birds or poultry of any kind shall be raised, bred or kept on the property, except that dogs, cats or other common household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes, and proved further that common household pets may not be kept if they become an annoyance or nuisance to the neighborhood.

20. COMMERCIAL OR BUSINESS OPERATION. No commercial operation, except as proved for in paragraph 14, or commercial business of any kind may be conducted on or from the property.

21. GARBAGE AND REFUSE DISPOSAL. No property shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in closed sanitary containers, all incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. An allowed exception is normal construction materials during the construction of a new home.

22. FENCES. Perimeter fences along lot lines shall not be permitted, except split rail fencing. Ornamental or decorative fencing, including fencing around swimming pools, may be installed subject to approval by the Developer.

23. ANTENNA. No antenna other than regular radio or TV antennas not exceeding eight feet over the roof line shall be installed on any property. A satellite dish may be installed behind the rear building line and screened from view with year round plantings if approved as in paragraph 10.

24. SWIMMING POOLS. No swimming pools shall be erected or placed on any lot other than an in-ground pool, and they shall be fenced for safety purposes in accordance with applicable York Township Ordinances.

25. MAINTENANCE OF UNIMPROVED PROPERTY. No parcel of property shall be allowed to remain in an unkempt condition. All grass and other growth shall be maintained and cut to reasonable heights at reasonable intervals. In the event the parcels of property are not properly maintained, the Association or Developer are authorized to contract for the necessary maintenance and charge the property owner with the cost of performing the required maintenance.

26. DRIVEWAY. Every dwelling shall have a hard surface drive (asphalt, concrete, paving brick) within two years of occupancy.

27. YARD REQUIREMENTS. The front building set-back shall be 50 feet minimum except on the following lots the minimum set-back shall be as follows:

Lot 5 - 90 feet

Lot 6 - 130 feet

Lot 7 - 210 feet

Lot 8 - 230 feet

Lot 9 - 200 feet

Lot 10 - 150feet

Lot 11 - 120 feet

Lot 12 - 70 feet

Lot 40 - 100 feet

Lot 44 - 140 feet

Lot 45 - 170 feet

Lot 46 - 110 feet

Lot 47 - 70 feet 

Side yards shall be 20 feet minimum each. Rear yards shall be 35 feet minimum. Corner lots shall have 50 feet set-back on each street side. 

28. SIGHT DISTANCES. No wall, hedge or shrub planting which obstructs sign lines at elevations between two (2) and six (6) feet above the road way shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connected them at points thirty (30) feet from the intersection of the street lines. No tree shall be permitted to remain within such distance of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.

29. ABATEMENT OF VIOLATIONS. Notice, by personal service or certified mail return receipt requested, to a lot owner for a violation of any condition or restriction or breach of any covenant herein contained, shall give the Developer or Association, in addition to all other e=remedies, the right to enter upon the land as to which such violation or breach exists, and summarily to abate and remove, at the expense of the owner thereof, any erection or other violation that may be or exist thereon contrary to the intent and provisions hereof and such abating party shall not thereby become liable in any manner for trespass, abatement or removal.

Any costs or expenses incurred by the Developer or Association, in the process of any such removal shall be charged to the lot owner. If said costs are not paid within 30 days of receipt of billing the Developer or Association may place a lien upon the subject lot for such charges plus all appropriate legal expenses, or any other actions which may be permitted by law. 

30. FINAL PLAT APPROVAL. Every owner or any other person or entity having an interest in the property of such nature so as to require such person or entity, pursuant to the Michigan Plat Act, to approve the final plat, agrees to sign any and all documents necessary for the recording of the final plat at no expense whatsoever to that owner person or entity.

31. TERM OF RESTRICTION. All the restrictions, conditions, covenants, charges and agreements contained herein shall continue in full force and effect and run with the land, proved however, that after fifteen (15) years from the date of recording hereof the owners of the fee of two-thirds (2/3) or more of the lots in said subdivision may release all or part of said lots from all or any portion of these restrictions, except those restrictions contained in Paragraphs 2, 7, 9, 10 and 15 by executing and acknowledging an appropriate agreement or agreements in writing for such purpose and recording the same in the Office of Register of Deeds for Washtenaw County.

32. ENFORCEMENT. Enforcement shall be by proceeding at law or in equity against any person or person violating or attempting to violate any covenant either to restrain violation or to recover damages. Failure to enforce any of the covenants herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto, except in the event the Association or lot owners violate the covenant, or any of these restrictions relating to said covenant.

33. SEVERABILITY. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall in no way affect any of the other provisions which shall remain in full force and effect.

34. WAIVER. Waiver either in writing or by failure to act in the enforcement of any instance or violation hereof shall in no way act or serve as a waiver of any future violation of the same or similar covenant, whether by the same person or by other persons, and all of the covenants herein shall be at any time fully enforceable as to any parcel of land contained in the property described herein.

It is further a covenant of this indenture that the Washtenaw County Health Department is a party of this agreement as to items 15a, 15b, 15c and 15d, as is specifically covenanted between parties that items 15a, 15b, 15c and 15d and this agreement may not be rescinded or amended without the signature of a duly authorized representative from said Washtenaw County Health Department. 

Signed by: Barry Johnson, P.E. Public Health Engineer

Washtenaw County Environmental health Services 

WITNESS: SIGNED: 

Signed by: Signed by:

Deborah J. Thornber Philip F. Conlin

1665 Bemis Rd, Saline, Mi 48176 

Signed by: Signed by:

Bruce Carson Peggy D. Conlin, his wife 

STATE OF MICHIGAN

COUNTY OF WASHTENAW 

The foregoing document was acknowledged before me this 14^th day of February, 1992 by Philip F. Conlin and Peggy D. Conlin, his wife. 

Signed by: Deborah J. Thornber, Notary Public

Washtenaw County, Michigan

My commission expires: December 19, 1993 

Drafted by: Return To:

Philip F. Conlin Philip F. Conlin

2190 S. State St. 2190 S. State St.

Ann Arbor, Mi 48104 Ann Arbor, Mi 48104