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DEED RESTRICTIONS
Introduction
| Definitions | Deed
Restrictions
Click here to download a PDF copy of the Building
and Use Restrictions for the Farmington Ridge subdivision
that have been filed with the Oakland County Registrar of Deeds. If you
need a certified copy of the Deed Restrictions, contact the Registrar of
Deeds directly.
Check back in the near future for postings of copies of
the Building and Use Restrictions for the Farmington
Grove, Farmington
Glens No. 1, No. 2 and No. 3 subdivisions.
If you
would like to download a free PDF reader, please visit www.adobe.com to download Adobe Reader.
Introduction
What are Deed
Restrictions? Deed
restrictions are terms and conditions that are part of the deed to your
property, and place limitations on how you may use your property. When this
area was originally platted as a subdivision the developer created this set
of terms and conditions that applied to each and every purchaser of
property, whether the property was bought by a builder, another developer
or homeowner. Each subsequent purchaser of that property also bought the
property "subject to restrictions of record".
Why have Deed
Restrictions? Deed
restrictions are for your benefit. They establish certain rules that must
be followed by everyone within a given subdivision. Not only do deed restrictions
prohibit parking boats and trailers on a driveway, as an example, they also
require that all houses be no less than 2,000 square feet, for two story
houses. Deed restrictions are designed to preserve the character, and hence
value, of a neighborhood.
Who may enforce
the restrictions? Deed
restrictions are contracts between and among all property owners who live
in a single subdivision. While your Homeowners Association has taken an
active role in enforcing the deed restrictions, any one subdivision
property owner may seek to enforce the restrictions against another
subdivision property owner.
How are deed
restrictions enforced? If
any given situation has deteriorated to the point that a property owner
refuses to live up to the terms of a deed restriction (that property owner
has breached his/her contract) then that property owner can be sued, and if
appropriate the court can force the property owner to comply with the deed
restrictions.
What has been
reproduced? The following
pages provide a compilation of the master Deed Restrictions for each of the
five subdivisions that comprise the Farmington Ridge Homeowners
Association. Where specific paragraphs differ from subdivision to
subdivision we have reproduced the subdivision's specific language for that
paragraph. Please note that while every effort has been taken to
accurately reproduce the deed restrictions it is not our intent that these
reproductions be relied upon in lieu of original, or certified copies, of
the Deed Restrictions. If any question arises as to the specific
language in any Deed Restriction certified copies of the Deed Restrictions
may be obtained, for a fee, from the Oakland County Registrar of Deeds, 1200 N. Telegraph Rd. Pontiac, MI.
If you have any
questions concerning the interpretation and meaning of any Deed Restriction
please contact your family attorney.
Definitions
The following definitions apply to the Deed Restrictions
reproduced in this booklet:
"Farmington Ridge" means Lots
1 through 239, inclusive of the Farmington Ridge Subdivision No. 1, being
part of the S. ½ of Section 6, T.1.N., R.9.E., City of Farmington Hills, Oakland County Records,
as recorded in Liber 7790, Pages 871 through 874, of plats, Oakland County
Records.
"Farmington Grove" means Lots
1 through 36, inclusive of the Farmington Grove Subdivision, being part of
the S. ½ of Section 6, T.1.N., R.9.E., City of Farmington Hills, Oakland County Records,
as recorded in Liber 9250, Pages 358 through 361, of plats, Oakland County
Records.
"Farmington Glen #1" means
Lots 1 through 64, inclusive, of the Farmington Glens Subdivision No. 1,
being part of the S. ½ of Section 6, T.1.N., R.9.E., City of Farmington
Hills, Oakland County Records, as recorded in Liber 9623, Pages 296 through
300, of plats, Oakland County Records.
"Farmington Glen #2" means
Lots 65 through 138, inclusive, of the Farmington Glens Subdivision No. 2,
being part of the S. ½ of Section 6, T.1.N., R.9.E., City of Farmington
Hills, Oakland County Records, as recorded in Liber 10185, Pages 283
through 287, of plats, Oakland County Records.
"Farmington Glen #3" means
Lots 139 through 205, inclusive, of the Farmington Glens Subdivision No. 3,
being part of the S. ½ of Section 6, T.1.N., R.9.E., City of Farmington
Hills, Oakland County Records, as recorded in Liber 10193, Pages 857
through 861, of plats, Oakland County Records.
Deed
Restrictions
Land Use
and Building Type
Applies to: All Subdivisions
No lot shall be used for other than residential
purposes, and no building shall be erected, altered, placed or permitted to
remain on any lot other than one detached single family dwelling not to
exceed two stories in height and a private garage. Unless specifically
waived by the Architectural Control Committee, all dwellings shall have
brick construction on the first floor on al four sides, including the
garage, and also brick construction all exposed basement walls, except for
trim and architectural accent features which may be of other materials.
Dwelling Size
Applies to: All Subdivisions
Any dwelling erected, altered, or placed or permitted to
remain on said property shall contain a ground floor area of not less than
1,500 square feet in the case of a one-story structure; nor less than 1,200
square feet no the first floor in the case of a 1-1/2 story structure, with
a total aggregate livable floor area of the entire building being not less
than 1,750 square feet; nor less than 1,000 square feet on the first floor
area of a tow-story or bi-level structure, with a total aggregate livable
floor area of the entire building being not less than 2,000 square feet, no
less than 1,750 square feet in the case of a tri-level or multi-level
structure, or which the total of all levels may be combined in arriving at
such 1,750 square foot requirement.
Garages,
Porches, etc.
Applies to: All Subdivisions
Garages, whether or not an integral part of or connected
to any dwelling, and open or enclosed porches, breezeways, arcades or other
similar types of construction and steps shall not be considered part of any
such dwelling in computing ground or other floor area.
Building Location
Applies to: Farmington Ridge
No building shall be located on any lot nearer to the
front lot line than 35 feet. No building on any corner lot shall be located
nearer to the side street line than 35 feet; except on the following corner
lots a minimum distance of 25 feet from the side street line may be
permitted; to wit: Lots 1, 5, 6, 26, 64 through 67, incl., 103, 119, 120,
130, 154, 155, 183, and 239. Garage location on corner lots shall conform
to dwelling setbacks. Each building shall have a minimum side yard on each
side of 8 feet, with the total of the two side yards to be a minimum of 20
feet. Anything herein to the contrary notwithstanding, any of the foregoing
minimum distances in this Paragraph 4 may be reduced to the extent
permitted or waived by the City of Farmington Hills and provided that the
Architectural Control Committee has specifically consented to such
reduction.
Applies to: Farmington Grove
No building shall be located on any lot nearer to the
front lot line than 35 feet. No building on any corner lot shall be located
nearer to the side street line than 35 feet; except on Lot
1 a minimum distance of 25 feet from the side street line may be permitted,
provided it is also permitted by the Farmington Hills Zoning Ordinance or a
waiver therefrom is obtained. Garage location on corner lots shall conform
to dwelling setbacks. Each building shall have a minimum side yard on each
side of 8 feet, with the total of the two side yards to be minimum of 20
feet. Anything herein to the contrary notwithstanding, any of the foregoing
minimum distances in this Paragraph 4 may be reduced to the extent
permitted or waived by the City of Farmington Hills and provided that the
Architectural Control Committee has specifically consented to such
reduction.
Applies to: Farmington
Glens No. 1
No building shall be located on any lot nearer to the
front lot time than 35 feet. No building on any corner lot shall be located
nearer to the side street line than 35 feet; except on the following corner
lots a minimum distance of 25 feet from the side street line may be
permitted; to wit: Lots 39, 40 and 51. Garage location on corner lots shall
conform to dwelling setbacks. Each building shall have a minimum side yard
on each side of 8 feet, with the total of the two side yards to be a
minimum of 20 feet. Anything herein to the contrary notwithstanding, any of
the foregoing minimum distances in this Paragraph 4 may be reduced to the
extend permitted or waived by the City of Farmington Hills and provided
that the Architectural Control Committee has specifically consented to such
reduction.
Applies to: Farmington
Glens No. 2
No building shall be located on any lot nearer to the front
lot line than 35 feet. No building on any corner lot shall be located
nearer to the side street line than 35 feet; except on the following corner
lots a minimum distance of 25 feet from the side street line may be
permitted; to wit: Lots 103, 130, and 131. Garage location on corner lots
shall conform to dwelling setbacks. Each building shall have a minimum side
yard on each side of 8 feet, with the total of the two side yards to be a
minimum of 20 feet. Anything herein to the contrary notwithstanding, any of
the foregoing minimum distances in this Paragraph 4 may be reduced to the
extent permitted or waived by the City of Farmington Hills and provided
that the Architectural Control Committee has specifically consented to such
reduction.
Applies to: Farmington
Glens No. 3
No building shall be located on any lot nearer to the
front lot line than 35 feet. No building on any corner lot shall be located
nearer to the side street line than 35 feet; except on the following corner
lots a minimum distance of 25 feet from the side street line may be
permitted; to wit: Lots 197, and 198. Garage location on corner lots shall
conform to dwelling setbacks. Each building shall have a minimum side yard
on each side of 8 feet, with the total of the two side yards to be a
minimum of 20 feet. Anything herein to the contrary notwithstanding, any of
the foregoing minimum distances in this Paragraph 4 may be reduced to the
extent permitted or waived by the City of Farmington Hills and provided
that the Architectural Control Committee has specifically consented to such
reduction.
Lot Area and Width
Applies to: All Subdivisions
Nothing contained herein shall be so construed as to
prevent any owner of property from erecting a permitted type of residential
building on a parcel of land consisting of one or more full platted lots or
fractions thereof, without references to the platted lot lines other than
to observe the setback requirements hereinabove described from front and
other property lines, provided that no single residence building, and then
only one such permitted building, shall be erected, placed or permitted to
remain on any parcel of land which does not have at least an area of 8,800
square feet and 80 foot frontage at the front building setback line
excepting, however, that a single residence dwelling may be constructed on
any of the subject lots as platted.
Homeowners
Association
Applies to: Farmington Ridge, Glens No. 1, 2 and 3
The owners of all lots shall be members of the
Farmington Ridge Homeowners' Associations and be bound by the conditions
set forth in the recorded Agreement For Planned Residential Development
recorded in Liber 7410, Pages 337 et seq., Oakland County Records and
Agreement Regarding Assignment and Assumption of Rights Under Agreement For
Planned Residential Development recorded in Liber 7440, Page 136, Oakland
County Records, and as either may be amended.
Applies to: Farmington Grove
The owners of all lots shall be members of the Farmington
Ridge Homeowners Association and be bound by the conditions set forth on
the recorded Agreement for Planned Residential Development, recorded in
Liber 7410, Pages 337 et seq., Oakland County Records, and as amended.
Easements
Applies to: All Subdivisions
The areas designated as easements for public utilities
on the recorded plat are also drainage easements and are dedicated to the
use of the abutting lot owners for the passage of surface water. No
structure or earth fill or obstruction is to be placed on said area that
would interfere with the free passage of said drainage waters. The easement
area of each lot and all improvements in it shall be maintained
continuously by the owner of the lot, except those improvements for which a
public authority or utility company is responsible.
Nuisances
Applies to: All Subdivisions
No noxious or offensive activity shall be carried on
upon any lot, nor anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
Temporary Structures
Applies to: All Subdivisions
No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on
any lot at any time as a residence either temporarily or permanently.
Fencing
Applies to: Farmington Ridge, Grove and Glens No. 1
No fence or well shall be erected, placed or altered on
any lots nearer to any front street than the minimum building setback line,
excepting lots containing houses used as models or former models.
Applies to: Farmington
Glens No. 2 and No. 3
No fence or wall shall be erected or placed on any lots
except where required by city ordinance for swimming pools. All swimming
pool fences must meet minimum requirements of the City of Farmington Hills.
Signs
Applies to: Farmington Ridge and Grove
Only the following signs may be displayed to the public
view on any lot in the Subdivision: (1) On professional sign of not more
than two square feet, (2) One sign of not more than five feet square
advertising the property for sale or rent by an individual property owner
desiring to sell or rent, (3) Those signs used by a builder to advertise
the property during the construction and sales period or those signs used
by Republic Land Company or its designee to advertise the property for
sale, which signs may be of any size.
Applies to: Farmington
Glens No. 1, No. 2 and No. 3
Only the following signs may be displayed to the public
view on any lot in the Subdivision: (1) One professional sign of not more
than two square feet, (2) One sign of not more than five feet square
advertising the property for sale or rent by an individual property owner
desiring to sell or rent, (3) Those signs used by a builder to advertise
the property during the construction and sales period or those signs used
by Farmington Glens Development Co., Inc., or its designee to advertise the
property for sale, which signs may be of any size.
Livestock and
Poultry
Applies to: All Subdivisions
No animals, livestock, birds or poultry of any kind
shall be raised, bred, or kept on any lot, except that dogs, cats or other
common household pets may be kept provided they are not kept, bred, or
maintained for any commercial purposes.
Garbage
and Refuse Disposal
Applies to: All Subdivisions
No lot 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 the
storage or disposal of such material shall be kept in a clean and sanitary
condition.
Sight
Distance at Intersections
Applies to: Farmington Ridge, Glens No. 1, No. 2 and
No. 3
No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between 2 and 6 feet above the roadways shall be placed
or permitted to remain on any corner lot within the triangular area formed
by the street property lines and a line connecting them at points 25 feet
from the intersection of the street lines, or in the case of a rounded
property corner from the intersection of the street property lines
extended. The same sight line limitations shall apply on any lot within 10
feet from the intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within
such distance of such intersections unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines. The
provisions of this Paragraph 14 shall not apply to any subdivision
identification entry wall or fence and any landscaping in connection
therewith installed at the intersections of Worcester Avenue and Halstead Road
or Lancaster Drive
and Haggerty.
Applies to: Farmington Grove
No fence, wall hedge or shrub planting which obstructs
sight lines at elevations between 2 and 6 feet above the roadways shall be
placed or permitted to remain on any corner lot within the triangular area
formed by the street property lines and a line connecting them at points 25
feet from the intersection of the street lines, or in the case of a rounded
property corner from the intersection of the street property lines extend.
The same sight line limitations shall apply on any lot within 10 feet from
the intersection of a street property line with the edge of the driveway or
alley pavement. No tree shall be permitted to remain within such distance
of such intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lines.
Inoperative
Vehicles
Applies to: All Subdivisions
No inoperative vehicles and no commercial vehicles,
camper vehicles, house trailers, mobile homes, boats or boat trailers shall
be permitted to be parked or stored on any lot in the subdivision unless
such vehicles, trailers, mobile homes and boats are parked or stored in an
enclosed garage on said lot.
Architectural
Control
Applies to: Farmington Ridge and Grove
(A) No building shall be erected, placed or altered on
any lot until the construction plans and specifications and a plan showing
the proposed location of the structure on the lot or building plot have
been approved by the Architectural Control Committee as to quality of
workmanship and materials, harmony or external design with existing
structures and as to location with respect to topography, finish grade
elevation, existing shade trees, building lines ant these restrictions. The
Architectural Control Committee expressly reserves the right to reject any
plan submitted because of lack of harmony or external design with existing
structures; or any plans that, respecting front building line, do not
harmonize with nearby existing structures or do not permit the preservation
of existing shade trees. Approval shall be as hereinafter provided.
(B) The maximum finish grade line and the minimum grade
line of each lot shall be individually established by the Architectural
Control Committee, topography of the lot being considered. No structure
shall be erected, altered, placed or permitted to remain on any lot unless
the finish grade thereof shall conform to the line established by said Architectural
Control Committee upon presentation of proposed plans and specifications
covering proposed construction on such lot. Such determination of the
Architectural Control Committee must be through written memoranda.
(C) The Architectural Control Committee is composed of
the directors from time to time of Republic Development Corporation, a Michigan
corporation, and anyone else so designated by them by written memoranda. A
majority of the Committee may designate a representative to act for it by
written memoranda. In the event of the death or resignation of any member
of the Committee, the remaining members shall have full authority to
designate a successor by written memoranda. Neither the members of the
Committee nor its designated representative shall be entitled to
compensation for services performed pursuant to this covenant. In the event
of the termination of the charter of Republic Development Corporation for
any reason, a majority of the last Board of Directors shall constitute the
Architectural Control Committee, which Committee shall have the same
rights, duties and powers as is otherwise in this paragraph provided.
(D) All requests of lot owners as well as the
Committee's approval or disapproval as required in these covenants shall be
in writing and dated. In the event the Committee or its designated
representative fails to approve or to disapprove within thirty (30) days
after submission to it of planes, specifications and written request for
the approval thereof signed by the owner, or in any event, if no suit to
enjoin construction has been commenced prior to completion thereof,
approval will not be required and the provisions of this Paragraph 16 shall
be deemed to have been complied with, provided the same shall not be in
violation of the Building and Use Restrictions elsewhere set forth in this
instrument. It is the intent and purpose of this provision to require the
lot owner to obtain approval of the Committee and that a failure to obtain
such approval because of the lapse of time shall not give the lot owner a
right to deviate from the requirements of the Building and Use Restrictions
elsewhere set forth in this instrument. Written approval of proposed plans
and plot plans must be obtained from the Architectural Control Committee
before application is made to the City to issue a building permit, and the
issuance of a building permit shall in no way operate as a waiver of any of
the requirements of the provisions of this Paragraph 16 or the Building and
Use Restrictions elsewhere set forth in this instrument.
Applies to: Farmington
Glens No. 1, No. 2 and No. 3
(A) No building shall be erected, placed or altered on
any lot until the construction plans and specifications and a plan showing
the proposed location of the structure on the lot or building plot have
been approved by the Architectural Control Committee as to quality of
workmanship and materials, harmony of external design with existing
structures and as to location with respect to topography, finish grade
elevation, existing shade trees, building lines and those restrictions. The
Architectural Control Committee expressly reserves the right to reject any
plan submitted because of lack of harmony or external design with existing
structures; or any plans that, respecting front building line, do not
harmonize with nearby existing structures or do not permit the preservation
of existing shade trees. Approval shall be as hereinafter provided.
(B) The maximum finish grade line and the minimum grade
line of each lot shall be individually established by the Architectural
Control Committee topography of the lot being considered. No structure
shall be erected, altered, placed or permitted to remain on any lot unless
the finish grade thereof shall conform to the line established by said
Architectural Control Committee upon presentation of proposed plans and
specifications covering proposed construction on such lot. Such
determination to the Architectural Control Committee must be through
written memoranda.
(C) The Architectural Control Committee is composed of
the directors from time to time of Farmington Glens Development Co., Inc.,
a Michigan
corporation, and anyone else so designated by them by written memoranda. A
majority of the Committee may designate a representative to act for it by
written memoranda. In the event of the death or resignation of any member
of the Committee, the remaining members shall have full authority to
designate a successor by written memoranda. Neither the members of the
Committee nor its designated representative shall be entitled to
compensation for services performed pursuant to this covenant. In the event
of the termination of the charter of Farmington Glens Development Co.,
Inc., for any reason, a majority of the last Board of Directors shall
constitute the Architectural Control Committee, which Committee shall have
the same rights, duties and power as is otherwise in this paragraph
provided.
(D) All requests of lot owners as well as the
Committee's approval or disapproval as required in these covenants shall be
in writing and dated. In the event the Committee or its designated
representative fails to approve or to disapprove within thirty (30) days
after submission to it of plans, specifications and written request for the
approval thereof signed by the owner, or in any event, if no suit to enjoin
construction has been commenced prior to completion thereof, approval will
not be required and the provisions of this Paragraph 16 shall be deemed to
have been complied with, provided the same shall not be in violation of the
Building and Use Restrictions elsewhere set forth in this instrument. It is
the intent and purpose of this provision to require the lot owner to obtain
approval of the Committee and that a failure to obtain such approval
because of lapse of time shall not give the lot owner a right to deviate
from the requirements of the Building and Use Restrictions elsewhere set
forth in this instrument. Written approval of proposed plans and plot plans
must be obtained from the Architectural Control Committee before application
is made to the City to issue a building permit, and issuance of a building
permit shall in no way operate as a waiver of any of the requirements of
the provisions of this Paragraph 16 or the Building and Use Restrictions
elsewhere set forth in this instrument.
Vehicular Access
Applies to: Farmington Ridge
Lots 1 and 239 shall have no vehicular access to Haggerty Road
except by public streets and Lots 66, 67, 78 and 79 shall have no vehicular
access to Halstead Road
except by public streets.
Applies to: Farmington Grove
[Farmington Grove deed restrictions do not contain
this provision]
Applies to: Farmington
Glens No. 1
Lots 1 through 6, 8 & 9 shall have no vehicular
access to Halstead Road
except by public streets and Lots 39 & 40 shall have no vehicular
access to 13 Mile Road
except by public streets.
Applies to: Farmington
Glens No. 2
Lots 65 and 66 shall have no vehicular access to 13 Mile Road
except by public streets.
Applies to: Farmington
Glens No. 3
[Farmington
Glen #3 deed restrictions do not contain this provision]
Terms
of Covenants and Restrictions
Applies to: All Subdivisions
These covenants and restrictions are to run with the
land and shall be binding on all parties and all persons claiming under
them for a period of 30 years from the date these covenants and
restrictions are recorded, after which time said covenants and restrictions
shall be automatically extended for successive periods of 10 years unless
an instrument signed by a majority of the then owners of the lots has been
recorded, agreeing to change said covenants and restrictions in whole or in
part.
Enforcement
Applies to: All Subdivisions
Enforcement may be by proceeding at law or in equity
against any person or persons violating or attempting to violate any of the
covenants or restrictions set forth herein either to restrain violations or
to recover damages or both.
Captions
Applies to: All Subdivisions
The caption headings to paragraphs herein are for ease
of reference only, and shall in no way serve to limit or interpret the
provisions of any paragraph.
Severability
Applies to: All Subdivisions
Invalidation of any of the provisions herein by judgment
or court order shall in no way affect any of the other provisions which
shall remain in full force and effect.
Execution Dates
Applies to: All Subdivisions
Farmington Ridge deed restrictions executed: May 21,
1980
Farmington Grove deed restrictions executed: January 13, 1986
Farmington Glen #1 deed restrictions executed: November 3, 1986
Farmington Glen #2 deed restrictions executed: November 3, 1987
Farmington Glen #3 deed restrictions executed: November 10, 1987
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