Declaration of protective building, use and easement restrictions for the Secluded Shores at Fence Lake Development:

WHEREAS Fence Lake Properties, Corporation, (hereafter "Developer"), is the owner and developer of land commonly known as Secluded Shores at Fence Lake, located in Baraga County, Michigan.

WHEREAS Developer desires to preserve and protect the development, each parcel in the Development will be conveyed with certain deed restrictions, easements, and conditions, which are intended to insure the quality and enjoyment of the parcel within the property Development.

WHEREAS Developer desires to provide for the preservation and enhancement of property values, benefits, amenities and opportunities in said Development, and to this end desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and each owner thereof.

WHEREAS these covenants shall attach to the Secluded Shores at Fence Lake as developed and recorded in Liber 37 Page 738 Baraga County Records.

NOW, THEREFORE, Developer declares that the property described as Secluded Shores at Fence Lake, is and shall be sold, transferred, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth, which shall run with the property, or any part thereof, and shall be binding on Developer, his successors and assigns, and on all lots of Secluded Shores at Fence Lake and shall inure to the benefit of each owner thereof. The recording of this instrument in the office of the Register of Deeds of Baraga County shall be notice to all purchasers.

  1. Governmental restrictions. These restrictions shall be in addition to any and all governmental restrictions applicable to the subject property.

  2. Subdividing. No Secluded Shores at Fence Lake lots shall be further subdivided.

  3. Single family lots. All lots in the Development shall be residential lots. No more than one (1) single-family residence, together with the usual and necessary accessory outbuildings shall be erected on any building lot. A guest cottage shall be permitted.

  4. Plan Approval -Architectural Review. In order to insure the development of Secluded Shores at Fence Lake into a desirable recreational environment and to control the improvements and structures therefore, it is agreed that no building, fence or other structure be erected, placed or altered on any building lot until building plans, specifications and plot plan showing the location and placement of such building, fence or structure on the lot has been approved in writing by the Developer or it's duly authorized representative. Review by the Developer shall include review of plan design, placement on the lot, and exterior material standards adopted by the Developer. If plans are denied by the Developer, then said proposed building structure shall not be erected. If within thirty (30) days the Developer or his representative fails to approve or disapprove any documents or material submitted to it, in writing, approval will not be withheld and this covenant will be deemed to have been fulfilled.

  5. Roof Pitch. All buildings shall have a roof pitch of at least 6/12, including outbuildings (pole barns, garages, etc.)

  6. Floor Areas. Dwellings shall be constructed in accordance with the applicable governmental building codes. All structures to be erected, altered, placed or permitted on any lot will conform with the following minimum size requirements as to total floor area:
    A minimum of 1500 square feet living space.
    Porches, breezeways, terraces, decks, basements, and garages shall not be included in computing the minimum total square footage.

  7. Exterior Surface of Dwellings. All structures are to have exteriors of natural materials, i.e. - log, cedar, stone etc. Excluding windows. Metal roofs are acceptable.

  8. Construction time and builders. The construction time on any house or outbuildings shall not exceed one year from the first date of the issuance of its building permit.

  9. Unfinished Structures. No temporary or unfinished structure may be occupied as a residence at any time prior to its completion and the issuance of a Certificate of Occupancy.

  10. Completion of Improvements. All unused building material and temporary construction shall be removed from the development within sixty (60) days after substantial completion of the structure and before the issuance of the Certificate of Occupancy. The portion of the surface of the lot that is disturbed by excavation shall be graded by the contractor Seeding, mulching, and other soil erosion measures shall be completed within 30 days after construction work ends and weather permits by the owner of said lot.

  11. Improvements & Outbuildings. All outbuildings shall be a continuance of the same exterior building, color and trim details as the principal dwelling. There shall be no visibility from the lake of unsightly improvements such as satellite dishes over 24 inches, clotheslines, playground equipment, waste containers, kennels, propane tanks, or fencing of any type.

  12. Recreational Vehicles. No House trailers, mobile homes, or other structures of a temporary nature shall be placed or used on the premises as a dwelling, provided, however, that a camper recreational vehicle or tent shall be permitted on the parcel for purposes of recreational use by the parcel owner for no more than 3 consecutive months (90 consecutive days) per year.

  13. Construction. Only during the construction phase of the main dwelling, shall a property owner be allowed to place a recreational vehicle on the property for a time period not to exceed one year.

  14. Greenspace. No structure shall be erected or placed on any parcel unless it is setback from the lake a minimum distance of one-hundred (100) feet, and a setback of at least thirty (30) feet from any right of way or property line, unless approved by the Developer. No permanent docks shall be allowed on Fence Lake.

  15. Easements - Utility. It is the intent and purpose of Developer to have electric distribution lines installed, and to provide for certain rights and benefits to the utilities furnishing said service. Easements are reserved over the lots for utility installation and maintenance. Each owner shall maintain the surface area of easements within his property.
    No buildings are to be constructed or placed within any easements.

    The public utilities shall have the right to trim or remove any trees, bushes, or other plants of any kind within a utility easement, which in the opinion of the utilities, interferes with the facilities or is necessary for the installation, reinstallation, repair, maintenance, or removal of their facilities in any private utility easement of the Development. Except as provided herein, the lot owner shall have the right to make any use of the land, subject to such easement, which is not inconsistent with the right of the utility.

  16. Easement - Other. No property owner in the Development shall grant an easement for any purpose, except for an easement for a public utility as provided in paragraph 15. The use of such utility easement shall be exclusive to the benefited parcel and no owner of a parcel may expand the use of this easement beyond what is necessary to the utility. Except as expressly stated herein to the contrary, property owners are prohibited from granting property rights to third parties, including but not limited to ingress and egress or riparian rights on Fence Lake or its tributaries within the Development.

  17. Preservation and Conservation of Wetlands. The natural wetlands of the Development may only be altered by the decision of the Michigan Department of Environmental Quality. No property owner shall be allowed to change the natural conditions of wetlands by activities such as:

    a. The placing of fill materials in a wetland;
    b. Dredging or removing soil or minerals from a wetland;
    c. Construction or development in a wetland other than a possible non-impact type activity     or use such as those enumerated hereinafter;
    d. Drain surface water from a wetland.

    Non-impact activities such as the construction of a deck or floating dock over the wetlands, may be allowed in said areas subject to the Goemaere-Anderson Wetland Protection Act, Act 203 of 1979, hereinafter referred to as the "Act", and that the obligation to fully comply with the terms of said Act are incorporated herein by reference.
    The restriction enumerated herein is not severable and shall not expire under any circumstances unless amended or approved by the Michigan Department of Natural Resources.

  18. Commercial Use Prohibited. No parcel shall be used for Commercial Use or purpose whatsoever. No commercial vehicles shall be allowed unless stored fully enclosed within an garage or approved outbuilding.

  19. Fences. No fence or wall shall be constructed or permitted except those which are required by local ordinance to enclose swimming pools or which have the written permission of the Developer or his successors or assigns. All fences shall be kept in good condition and repair at all times.

  20. Livestock, pets. No animals shall be raised, bred or kept on any lot, except dogs, cats, birds or other household pets or domestic companion animals, provided they are not kept, bred or maintained for any commercial purposes. All animals maintained on said lands shall have such provisions and care so as not to become offensive to neighbors or the community on account of noise, odor, unsightliness or any other reason. The owner shall take all necessary steps to ensure that any pet will not interfere with the use and enjoyment of any other parcel within Secluded Shores at Fence Lake.

  21. Signs. No signs of any kind shall be displayed to the public view on any lot in the Development except a sign, not more than five (5) square feet in area, for the purpose of advertising the property for sale or lease. This shall not apply to the signs erected by the Developer during the initial development of Secluded Shores at Fence Lake or to one personalized name and address sign.

  22. Antennas. No antenna other than regular medium wave radio or TV, VHF or UHF antennas not exceeding eight (8) feet over the roof line shall be installed on any lot. No other electronic transmitting or receiving devices shall be allowed, except for satellite reception dishes per paragraph 11.

  23. Natural features. The owner of each lot shall preserve and maintain the natural features of the lot and its character whenever possible. There shall be no clear cutting of trees or timber on the property. The owner may cut, thin, or remove standing timber on the parcel, provided, however, that not more than thirty (30%) percent of the live trees on the parcel, as of the date of the initial conveyance may be cut, thinned, or removed. All water courses and similar features and assets shall be preserved and maintained. Provided, however, the lot owner, upon the issuance of a building permit, shall be allowed to remove trees which are located within the area to be used by the primary dwelling, outbuildings, and from any driveway or utility easement area.

  24. Hunting. Hunting, trapping and discharge of firearms on the property is prohibited, excluding lots exceeding 40 acres or more.

  25. Watercraft. No personal watercraft, i.e. Jet Ski, Jet boats, or motors exceeding 40 horsepower will be allowed on Fence Lake.

  26. No Wake. A no wake policy will be in place before 10:00 a.m. and after 5:00 p.m.

  27. Public Access. Under no circumstances will Public Access or Public Launching Sites be permitted on Fence Lake.

  28. Violation. Violation of any restriction or condition or breach of any covenant or agreement herein contained shall give the Developer and it's successors and assigns, in addition to all other remedies provided by law, the right to enter upon the land upon which such violation or breach exists, and summarily abate and remove, at the expense of the owner thereof, any erection, thing or condition that may exist contrary to the intent and meaning of the provisions of these Building and Use Restrictions and the Developer and it's successors and assigns shall not thereby be deemed guilty of any trespass for such entry or abatement or removal.

  29. Lot Owner's Association. All lot purchasers agree to become members of a non-profit association hereinafter to be formed and to be known as the Secluded Shores Homeowner's Association ("Homeowner's Association"), which shall consist of and exist for the benefit of all persons who shall own lots in the Development. The association shall have the authority to establish rules, regulations, voting procedures and policies for the betterment of the association, including the authority to make and enforce regulations pertaining to the building and use restrictions as stated in this Declaration. The Homeowner's Association shall be organized as a non-profit corporation, on a non-stock or membership basis, for a perpetual term under the laws of the State of Michigan. The Homeowner's Association will be incorporated and take over the responsibilities of the Developer when 85% of the lots are sold or on December 31, 2002, whichever comes first.

  30. Membership in the Association. Membership in the association shall be mandatory for each owner and any subsequent owner of lots in the Development. Every owner of a lot which is subject to assessment shall be a member of the Association. Each lot will be entitled to one vote, notwithstanding the number of persons who hold ownership interest in the lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment.

  31. Assessments. Beginning June 1, 2001, an initial assessment of $300.00 a year (prorated at time of transfer) shall be paid by the buyer at the time Developer transfers a lot to any third party. Thereafter, Developer, or the Homeowner's Association, as the case may be, shall submit annual billings of $300.00 each June 1st, (or as amended) to the owners of all lots in the Development necessary to cover all of its expenses of operation, including but not limited to road upkeep, maintenance and snow removal. Each owner of a lot shall have ninety (90) days to pay that owner's bill. In the event the bill is not so paid, Developer or Homeowners Association shall have the right to claim a lien on the lot for the unpaid amount. A late charge of $30.00 per month for each month the assessment is unpaid plus reasonable attorney fees and all costs of foreclosure and collection shall be added to the amount of the lien. No owner may waive or otherwise escape liability for assessments provided for herein by non-use of the common areas or by abandonment of his/her lot.

  32. Right to Lien. The expenses incurred in collecting delinquent assessments, including interest, costs, and reasonable attorney fees, shall be chargeable to the owner in default and shall be secured by a lien on his/her lot. The lien for the assessments provided for herein shall be subordinate to the lien of any first mortgage on the property. Sale or transfer of any lot shall not except the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereon.

  33. Amendment. These restrictions may be amended by the Developer until 25% of the lots in the Development have been conveyed. Thereafter, these restrictions may be amended by the signature of the owners of three-fourths (3/4) of the lots in the development. Owner, as used in this agreement, shall mean the deed holder; or, if the lot is sold on land contract, the land contract purchaser must approve and be party signatory to any amendment. Any amendment changing or modifying these restrictions, in whole or in part, must be recorded in the Office of the Register of Deeds of Baraga County, Michigan.

  34. Severability of covenants and restrictions. Each restriction and clause herein is intended to be severable, and in the event that any one of which is for any reason held void, it shall not affect the validity of the remaining covenants and restrictions.

  35. Binding effect of covenants and restrictions. The provisions of this Declaration shall be covenants running with the land, binding upon the heirs, personal representatives, successors and assigns of the Developer, the Homeowner's Association, and the individual lot owners.


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