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
- Governmental restrictions. These restrictions
shall be in addition to any and all governmental restrictions applicable
to the subject property.
- Subdividing. No Secluded Shores at Fence
Lake lots shall be further subdivided.
- 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.
- 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.
- Roof Pitch. All buildings shall have
a roof pitch of at least 6/12, including outbuildings (pole barns, garages,
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
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
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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Hunting. Hunting, trapping and
discharge of firearms on the property is prohibited, excluding lots
exceeding 40 acres or more.
- Watercraft. No personal watercraft, i.e.
Jet Ski, Jet boats, or motors exceeding 40 horsepower will be allowed
on Fence Lake.
- No Wake. A no wake policy will be in
place before 10:00 a.m. and after 5:00 p.m.
- Public Access. Under no circumstances
will Public Access or Public Launching Sites be permitted on Fence Lake.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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