THESE RESTRICTIONS ARE NULL AND VOID.
Restrictions for the plat of Sugar Island Estates
(These are retyped “Restriction for the plat of Sugar Island Estates” which are not the formal restrictions but a listing of the restrictions (number, liber and page) and amendments (number, liber and page). The formal restrictions are on file at the Kalamazoo County.)
EWING LAND DEVELOPMENT CORP., OF SCHOOLCRAFT, a Michigan Corporation, being the proprietor of the purposed plat of Sugar Island Estates, does hereby propose the following Restrictive Covenants which, upon recording said Plat, shall be properly executed and recorded as Restrictions upon the use of each lot in said plat:
I – Liber 836 page 1038
All of the lots in the Plat known as Sugar Island Estates shall be known and described as residential lots.
II – Liber 836 page 1038
No part of any building, including all porches, shall be erected or located nearer than 5 feet to the side lot line, and any building erected upon said lots shall be set back a minimum of 30 feet from the front line, Provided, that with respect to a corner lot with streets on two sides of the lot, the building shall be set back a minimum of 30 feet from the street which the dwelling faces and shall be set back 15 feet from the other street.
III – Liber 836 page 1038
No trailer, basement, tent, shack or barn or other outbuildings shall be erected or allowed on said plat, nor shall any temporary housing or temporary structures be permitted on said Plat, nor shall any building be moved onto said plat. All garages must be attached to the dwelling house.
IV- Liber 836 page 1038
There shall be no outside toilets. All toilets used on said premises shall be connected with septic tanks or with regular sewage facilities, after approval by the Kalamazoo County Health Department or other governing health authority having jurisdiction in the matter.
V- Liber 836 page 1038
No lot or part thereof, of said Plat shall be used by any owner, lessee, occupant or tenant thereof, or any other person or persons whomsoever, for any commercial purpose.
VI- Liber 909 page 379
Any dwelling house to be erected on any of said lots shall not be more than one family dwelling house per lot or building unit (in the event a dwelling house is built on more than one lot): each dwelling shall have a minimum two car garage which shall be attached to the dwelling house; provided , however, that living quarters over the garage shall be permissible; the ground floor area of the main dwelling shall not be less than 1,800 square feet for a one story dwelling and 2,200 square feet for two stories, exclusive of garage, covered walks, open porches and breezeway.
VII- Liber 1765 page 0054
No outside incinerators or trash barrels for the burning or accumulation of refuse shall be allowed; no piling of boards, logs, refuse or other materials shall be allowed; no piling of boards, logs, refuse or other materials shall be allowed outside of any residence on any lot.
VIII- Liber 836 page 1039
No residence or other structure shall be erected upon any lot or building site in said plat unless the general plans and specifications therefor, including the design, location, elevation and exterior materials thereof, have been approved in writing by the said EWING LAND DEVELOPMENT CORPORATION OF SCHOOLCRAFT, its agents, successors or assigns. Provided, however, that it shall be conclusively presumed that such approval has been given as applied to any residence or structure, the construction of which has been completed for a period in excess of 30 days. In the event of any partial or total destruction of any resident of structure in said plat, the plans for reconstruction which vary from the original construction shall be approved in like manner. In the event of partial or complete destruction of a building, the repair or replacement of such building shall be prosecuted diligently and must be completed with a reasonable time not to exceed 18 months. No building shall be occupied during construction. Swimming pools shall be allowed in said plat.
IX- Liber 836 page 1039
No animals, birds or fowl shall be kept or maintained on any part of the property, except dogs, cats, pet birds and other pets of the household variety which may be kept thereon in reasonable numbers.
X- Liber 836 page 1039
All driveways must be concrete or blacktop and must extend from the edge of the street to the garage.
XI- Liber 836 page 1039
No trailers, habitable motor vehicles, trucks or commercial vehicles of any nature shall be kept on or stored on any part of the property except within an enclosed garage. No such vehicles shall be parked over night on any lot except in an enclosed garage.
XII- Liber 836 page 1039
No owner, lessees, occupant or tenant of any part of said premises will do or permit to be done any act upon his property which may be or is or may become a nuisance.
XIII- Liber 836 page 1039
Boat houses shall be permitted, provided that they shall not exceed one story in height. No boat shall be docked at each lot which is not owned or leased by the owner or lessee of the lot. Provided, that guests may dock a boat at such lot for a period not longer than 24 hours at a time.
XIV- Liber 836 page 1039
These covenants, restrictions and conditions are to run with the land and shall be binding upon the parties hereto and all persons claiming by or under them, provided, however, that these convenants, restrictions or conditions may be changed or modified at any time by the consent of at least 75% of all of the property owners in said plat. For this purpose, the proprietor of the plat shall have one vote for each lot unsold.
XV- Liber 836 page 1039
If the parties hereto, or its successors or assigns shall violate or attempt to violate any of the convenants, restrictions or conditions herein contained, it shall be lawful for any person or persons owning any real property situated in said plat to prosecute any proceedings in an appropriate court, against the persons or person violating or attempting to violate any such covenants, restrictions or conditions, either to prevent him or them from doing so, or to recover damages or other recovery for such violation.
XVI- Liber 1765 page 0054
Deleted.
XVII – Liber 924 page 800
The common areas shown on the plat of “Sugar Island Estates” (as recorded in Liber 30 of Plats, page 4, Kalamazoo County Records) as private parks “A” and “B” shall be maintained by and all costs of maintenance, taxes and special assessments shall be paid by the owners of lots in “Sugar Island Estates.” All owners of lots in the subdivision shall contribute to the taxes and expenses of the two common areas in the following proportions:
For each lot with lake frontage: 1/189ths of the total amount;
For each lot without lake frontage: 4/189ths of the total amount.
Any fractional portion of a lot shall be assessed in proportion to the ratio that the frontage of fractional portion bears to the whole. Payments shall be made in January of each year.
XVIII- Liber 924 page 800
The owners of the lots in the plat, by a seventy-five (75%) percent majority thereof, may establish a property owners’ association, or other property owners’ organization. All lot owners shall be members thereof and subject to the rules, assessments, and regulations of the association. The association shall have authority to collect and disburse funds for payment of taxes, assessments, and maintenance costs for the common areas, to enforce these restrictions and covenants, and to perform such other acts as shall be deemed appropriate to maintain a pleasant residential atmosphere in “Sugar Island Estates”. Such association may be granted the power to collect dues from its members. In the absence of such organization, the owners may elect one or more individuals whose duties shall be to collect the taxes, assessments, and maintenance costs for the common areas from the owners of lots in the subdivision and to pay such taxes, assessments, and maintenance costs on their behalf.
These restrictions have been filed at the State of Michigan County of Kalamazoo.
LIBER 836 pages 1038, 1039 and 1040 was signed on April 24, 1969 by: Gregory Smith, Larkin N. Winther, EWING LAND DEVELOPMENT CORPORATION OF SCHOOLCRAFT (Edward Higley and Mary C. Higley) and notarized by Larkin N. Winther.
LIBER 909 pages 379 was signed on January 18, 1973 by: Mary Kuzyk, Walter Kuzyk, Reno Angeletty, Roma Angeletti, Kathryn Dykstra, David H Dykstra, Judith Mason, Art Post, EWING LAND DEVELOPMENT CORPORATION OF SCHOOLCRAFT (Edward Higley) and notarized by Robert G. Hollis.
Liber 924 pages 800 and 801 was signed on October 1, 1973 by: Esther Ewing, Elizabeth Gerow, Mary Higley, William Higley, Walter Kuzyk, Charles Morlan, Roger Luson, Dale Smallwood, Art Post, EWING LAND DEVELOPMENT CORPORATION OF SCHOOLCRAFT (Edward Higley) and notarized by Nancy Simonds.
Liber 1765 pages 0054, 0055, 0056 and 0057 was signed on December 13, 1994 by: 75% of the lot owners, Guy Golomb and notarized by Sanny Nutter.