ORIGINAL RESTRICTIONS ON CANTERBURY COMMONS NO. 2 SUBDIVISION

THIS DECLARATION, made this 7th day of July, 1965, by Home Land Suburban Company, a Michigan corporation, of 19426 Grand River Avenue, Detroit, Michigan, hereinafter referred to as the Grantor or the Developer,

W I T N E S S E T H:

WHEREAS, Home Land Suburban Company is the owner in fee simple of all of the land hereinafter described, and

WHEREAS, the said Home Land Suburban Company has become the proprietor in a plat of the premises known as Canterbury Commons No. 2, a subdivision of part of the Southwest 1/4 of Section 3, Town 1 North, Range 9 East, Farmington Township, Oakland County, Michigan, and

WHEREAS, the said plat of said subdivision, having been duly

approved by proper governmental authorities, has been recorded in the office of the Register of Deeds for Oakland County in Liber 11 of Plats, Pages I and 2.

WHEREAS, said recorded plat covers Lots numbered 86 to 147 inclusive, and

WHEREAS, the Grantor has entered into an Agreement with the Township of Farmington (which agreement is recorded in Liber 4627, Pages 366­372 inclusive, Oakland County Records) which is incorporated herein by reference, and hereinafter referred to as "Agreement", and

WHEREAS, it is the purpose and intention of this declaration that all of the lots in said subdivision shall be conveyed by the Grantor subject to reservations, easements, use and building restrictions provided to establish a general plan of uniform restrictions in respect to said subdivision, and to insure the purchasers of lots therein use of the property for attractive residential purposes, and to secure to each lot owner full benefit and enjoyment of his home, and to preserve the general character of the neighborhood.

IT IS HEREBY DECLARED THAT the following general restrictions are covenants running with the land, binding on the heirs, personal representatives, successors and assigns of the Grantor, and the Grantees of all individual lots in said subdivision, for the time limited in this instrument:

1. USES OF PROPERTY

(a) Lots shall be used for providing residence purposes only and no building of any kind whatsoever shall be erected, re-erected, moved or maintained except private dwellings. Such I dwellings shall be designed and erected for occupation by, and occupied by, only one single family. A private attached garage or attached car-port for the sole use of the owner or occupant may be provided. A family shall mean one person or a group of two or more persons living together and inter-related by bonds of consanguinity marriage, or legal adoption The persons thus constituting a family may also include foster children, gratuitous guest and domestic servants. The Grantor may permit the occupation of a dwelling by persons not constituting a family as defined herein provided it finds that such occupancy will not be detrimental to the purposes sought to be obtained by these restrictions.

(b) Notwithstanding that which is contained herein to the contrary, the Grantor, his agents or sales representatives may occupy and use any house built in the subdivision or a temporary building as a sales office for sales of lots and/or houses until all of the lots and/or houses built in this subdivision shall have been sold.

(c) House trailers, boats or boat trailers or commercial vehicles (except while making normal deliveries) shall not be stored or parked on any lot except within a private attached garage or car­port.

(d) No lot in said subdivision may be divided; provided, however, that the Grantor may approve the division of a vacant lot where a portion of said vacant lot is to be combined with an adjoining lot and which thereafter shall be considered to be a part of said adjoining lot for all purposes. Back to Top

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2. CHARACTER AND SIZE OF BUILDING

(a) No building or other structure shall be commenced, erected or maintained, nor shall any addition to or chance or alteration to any structure be made, except interior alterations, until the plans and specifications, prepared by a competent architect showing the nature, kind, shape, height and materials, color scheme, location on lots and approximate cost of such structure and the grading plan of the lot to be built upon shall have been submitted to and approved in writing by the Grantor, and a copy of said plans and specifications as finally approved, lodged permanently with said Grantor.

(b) Fences, garden walls and similar devices may be constructed or erected only after plans and specifications of such proposed fence, wall or other device shall have first been submitted in writing to the Grantor and approved by it. In any event, no fence, other than an ornamental fence not exceeding 3 feet in height, shall extend on either side of the lot toward the front of the lot farther than the rear line of the house.

(c) The Grantor shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable in its opinion for aesthetic or other reasons; and in so passing upon such plans, specifications and grading, it shall have the right to take into consideration the suitability of the proposed building or other structure to be built to the site upon which it is proposed to erect the same, and the harmony as planned in view of the outlook from the adjacent or neighboring properties. It is understood and agreed that the purpose of this paragraph is to cause the platted lands to develop into a beautiful harmonious private residence section, and if a disagreement on the points set forth in this paragraph should arise, the decision of the Grantor shall control.

(d) However, in the event the Grantor shall have failed to approve or disapprove such plans and location within 30 days after the same shall have been delivered to the Grantor, then such approval will not be required provided the plans and location on the lots conform to, or are in harmony with, existing structures in the subdivision, these restrictions, and any zoning law applicable thereto.

(e) In any case, with or without the approval of the Grantor no dwelling shall be permitted on any lot in the subdivision unless in the case of a one story building the ground floor living area shall not be less than 1000 square feet; in the case of a one and a half story building, the ground floor living area shall not be less than 800 square feet; in the case of a multi-level building the first and second level living area shall not be less than 800 square feet; in the case of a two story building the around floor area shall be not less than 700 (square feet. All garages and/or car-ports, when constructed, must be attached to the dwelling either directly or by use of a covered breezeway and shall not be included in computing square footage. Back to Top

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3. BUILDING LINES

No building on any of said lots shall be erected nearer than 35 feet to the front lot line or nearer than 8 feet to the side lot line, or nearer than 10 feet to side line on any corner or nearer than 20 feet to the rear lot line, except by written consent of the Grantor which consent the Grantor is empowered to give. Back to Top

4. ANIMALS

No chickens, other fowl, horses or live stock shall be kept or harbored on any of the said lots. No animals shall be kept or maintained on any lot excepting household pets for use by the owner and members of his family. No animals shall be kept on the premises for any commercial purpose. Household pets shall have such care as not to be objectionable or offensive an account of noise, odor or unsanitary conditions. Animals may be declared nuisances by Grantor and must be disposed of within 30 days if so requested in writing by the Grantor or its authorized representatives. Back to Top

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5. SIGNS

No sign or billboard shall be placed or maintained on any lot ex apt one sign advertising the lot or house and lot for sale or lease, and having not more than three square feet of surface and the top of which shall be three feet or less above the ground; provided, however, such other signs may be erected and maintained on lots as are permitted in writing by the Grantor. Back to Top

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6. EASEMENTS

Easements and rights of way are hereby reserved as shown on the recorded plat. In addition to the above, easements and rights of way are reserved in and over a strip of land six feet in width along all rear and side lot lines wherever it may be deemed necessary for the installation or maintenance of telephone or electric poles, lines or conduits or sewer, gas lines or water mains, for drainage purposes, or for the use of any other public utility deemed necessary or advisable by Grantor. The use of all or a part of such easements and rights of way may be granted or assigned at any time hereafter by the Grantor to any person, firm, governmental unit or agency or corporation furnishing any such service. Back to Top

7. REFUSE

No refuse pile or other unsightly or objectionable materials shall be allowed on any of said lots unless the same shall be properly concealed. Refuse, ashes, building materials, garbage and debris of any kind shall be cared for in such a manner as not to be offensive to neighboring property owners. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Back to Top

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8. LOT OWNERS ASSOCIATION

There has been established the Canterbury Commons Association a lot owners association to consist of the owners of lots in Canterbury Commons No. 1 Subdivision, Canterbury Commons No. 2 Subdivision and Lots 626 to 742 inclusive, 753 to 832 inclusive, 849 and 928 inclusive, and the North 30 feet of Lots 752, 833, 848 and 929 of Oaklands Subdivision, all located in Section 3, Farmington Township, Oakland County, Michigan. Said Canterbury Commons Association is governed by a Board of Directors which shall be the Committee described in paragraph 4of the "Agreement". Such Committee shall be appointed by the Grantor until a minimum of ninety per cent of the lots in said Subdivisions shall have been sold by the Grantor. Thereafter such Board shall be elected by the members of the Canterbury Commons Association. The purpose of the Canterbury Commons Association shall be the maintenance of the "Parks" in accordance with the "Agreement" and such Association shall also have such other powers as are granted to it by these Restrictions and shall also exercise such powers and functions as shall be set forth in its By­Laws. The Canterbury Commons Association is a non-profit corporation under the laws of the State of Michigan. Subject to the limitations set forth in these Restrictions, the owners of each lot in said Canterbury Commons Subdivisions and the owners of each home site (being 2 or more platted lots) in Oaklands Subdivision shall be entitled to 2 votes in the Association. Back to Top

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9. MAINTENANCE FUND

(a) All the land included in said plat, whether owned by the Grantor or by others, except streets and parks 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 commencing January 1, 1966, and at such a rate as may be determined by the Canterbury Commons 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 owners of the land included in said tract to the Canterbury Commons Association annually in advance on the first day of January in each year, commencing with January 1, 1966.

(b) Said annual charge may be adjusted from year to year, after 1966, by the Canterbury Commons Association, as the needs of the property may in their judgment require, but in no event shall such a charge be raised above $40.00 per lot, except by the approval and consent in writing of 51% of the members of the Canterbury Commons Association, which approval and consent shall make any such additional assessment binding upon all of the owners of said lots.

(c) Said maintenance fund shall be used for such of the following purposes as the Canterbury Commons Association shall determine necessary and advisable: For improving and maintaining "Parks", roadways and entrance-ways of said property; for planting trees and shrubbery and the care thereof; for collecting and disposing of garbage, ashes and rubbish; for employing night watchmen; for caring for vacant property; for removing grass or weeds; for constructing, purchasing, maintaining or operating any community service, or for doing any other things necessary or advisable in the opinion of the Canterbury Commons Association for keeping the property neat or in good order; for expenses incident to the examination of plans as herein provided and to the enforcement of these building restrictions, conditions, obligation reservations, rights, powers and charges.

(d) it is expressly agreed that the Maintenance Fund charge referred to herein, including any expenses incurred in removing or completing any building in accordance with the preceding paragraph, shall be a lien and encumbrance on the land with respect to which said charges are made, and it is expressly agreed that by the acceptance of title to any of said lots, the owner (not including thereby the mortgagee as long as he is not the owner) from the time of acquiring title thereto shall be held to have covenanted and agreed to pay to the Canterbury Commons Association all charges provided for herein which were then due and unpaid to I the time of his acquiring the title, and all such charges there­ after falling due during the ownership thereof. A certificate in writing issued by the Canterbury Commons Association or its agent shall be given on demand to any owner liable for said charges, which shall set forth the status of such charges. This certificate shall be binding on the said parties hereto.

(e) By his acceptance of title, each owner shall be held to vest in the Canterbury Commons Association the right and power in its own name to take and prosecute all suits, legal, equitable or otherwise, which may in the opinion of the Canterbury Commons Association be necessary or advisable for the collection of such charges. Back to Top

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10. ASSIGNMENT OF GRANTOR’S RIGHTS

At any time after the sale by Grantor of 9/10 in number of the lots in the said subdivision (execution of a land contract constituting a sale for the purpose of this section) the Grantor may assign or transfer any or all rights, privileges and duties of supervision and control in connection with these restrictions which are reserved herein to the Grantor, to the Canterbury Commons Association, and upon the execution and recording of appropriate instruments of appointment by the Grantor, the said Association shall thereupon have and exercise all rights reserved to the Grantor, and the Grantor shall be fully released and discharged from further obligations and responsibilities in connection therewith. Back to Top

11. VIOLATIONS

Violation of any restriction or condition or breach of any covenant or agreement herein contained shall give the Grantor in addition to all other remedies provided by law, 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, sign, thing or condition that may be or exist contrary to the intent and meaning of the provisions hereof, and the Grantor shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. Back to Top

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12. TERM OF RESTRICTIONS

All the restrictions, conditions, covenants, charges and agreements contained herein shall continue in force until December 11, 1989 and shall automatically be continued thereafter for successive periods of 10 years each, provided, however, that after 10 years from the date of recording hereof the owners of the fee of 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 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 Oakland County. No chance in or release from these restrictions shall be deemed to release any property from its obligation under the "Agreement" or from any provision of these restrictions designed to implement the "Agreement". Back to Top

13. SEVERABILITY

Each restriction herein is intended to be severable and in the event that any one covenant is for any reason held void it shall not affect the validity of the remaining covenants and restrictions. Back to Top