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DEED RESTRICTIONS
Introduction |
Definitions |
Deed Restrictions
 Click
this link to download a pdf copy of the
Building and Use Restrictions for the
Farmington Ridge subdivision, only, 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 Deed
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 Adobe's Acrobat Reader,
which is available free of charge, click on the
icon to transfer to the Adobe Acrobat Reader
download facility.
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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