Restrictive Covenants

LAKESHORE WOODS SUBDIVISION

DECLARATION OF RESTRICTIVE COVENANTS

This Declaration of Restrictive Covenants is made this , by Little Pigeon, L.L.C., a Michigan Limited Liability Company, 9394 Lakeshore Drive, West Olive,
Michigan 49460
, and Pigeon Creek, L.L.C., a Michigan Limited Liability Company, 17087 Buchanan, Grand Haven,
Michigan 49417
(together known as “the Developer”). The Developer desires to impose certain building and use restrictions and related terms and provisions upon Lakeshore Woods Subdivision, and upon the following described lots owned by the Developer and located in the Township of Grand Haven, County of Ottawa and State of Michigan, (herein “the Lots”):

FACTUAL BACKGROUND

  1. The property that is subject to this Declaration of Restrictive Covenants is legally described as follows (“the Subdivision”):
    Part of the Northeast 1/4 of Section 33, Town 7 North, Range 16 West, Grand Haven Township, Ottawa County, Michigan, being described as: Beginning at the North 1/4 corner of said Section; thence South 89° 02′ 23″ East 2628.99 feet along the North line of said Section to the Northeast corner of said Section; thence South 00° 22′ 48″ East 1328.76 feet along the East line of said Section; thence North 88° 59′ 19″ West 2638.50 feet along the South line of the North 1/2 of the Northeast 1/4 of said Section; thence North 00° 01′ 41″ East 1326.21 feet along the North and South 1/4 line of said Section to the point of beginning. Containing 83 lots, five private parks, and encompassing 80.245 Acres.Subject to dedications, easements, and restrictions of record,
  2. The Developer is engaged in the construction of a residential development to be known as Lakeshore Woods Subdivision (“the ”Development”). Along with the residential lots the Developer has set aside Parks that are commonly owned and which will be administered by the Lakeshore Woods Owners Association and its Bylaws attached as “Exhibit A.” Lakeshore Woods Subdivision is a platted as a subdivision pursuant to the Michigan Land Division Act.
  3. The Developer desires to ensure that the Development is a suitable community for single family dwellings while, at the same time, desires to maintain, insofar as possible, the natural character and beauty of the Development and to require that all man-made structures within the Development be harmonious with the natural environment. The Developer recognizes that it is essential to the value of the Lots that the Development be maintained in a manner consistent with high environmental, aesthetic and residential standards.

NOW, THEREFORE, it is hereby declared that Lakeshore Woods Subdivision will be subject to the following conditions, reservations, restrictions, covenants, terms and provisions:

  1. Ownership Rights and Dedications.Streets and public walkways depicted on the Plat of Lakeshore Woods Subdivision are dedicated to the public.Parks, as defined in Section 2, are dedicated to the collective but otherwise exclusive use of Lot Owners.Each Lot Owner will have an exclusive property right in a Lot together with an interest in common with other Lot Owners in Parks and those easements in which the Lot Owners have a collective interest. Interests in Parks and easements are appurtenant to the Lots and may not be severed therefrom. Each Lot Owner will be a member of the Lakeshore Woods Owners Association and will be subject to the Bylaws of the Lakeshore Woods Owners Association.
  2. Definitions
    1. Association means Lakeshore Woods Owners Association, a Michigan not-for-profit corporation.
    2. Developer means Little Pigeon, L.L.C., and Pigeon Creek, L.L.C., State of Michigan Limited Liability Companies, or either of them, and their successors to whom or to they may, in a document recorded with the Register of Deeds of Ottawa County, Michigan, expressly assign one or more of the rights hereunder or delegate all or any authority hereunder.
    3. Development Period means the period of time commencing with the recording of this Declaration of Restrictive Covenants and ending at the time the Developer, or either of them, no longer holds a fee interest in at least one (1) Lot which is held by the Developer, or either of them for sale. The Development Period may terminate at any time upon the election of the Developer.
    4. Easement for Signage means the easements for entrance signs as depicted on the final plat.
    5. Improvement means every building or structure of any kind, including, modifications of existing structures, fences or walls, pools, tennis courts, or other structure or recreational facility to be erected or placed on any Lot, any drainage system that may be established thereon, any driveway or landscaping thereon, or the water or septic systems or any part thereof on any Lot.
    6. Lot means anyone of the Lots within the Development. “Lots” shall mean all such Lots.
    7. Lot Owner means persons or entities owning a fee interest in a Lot.
    8. Maintenance Charge means the assessments charged by the Association to the owners of each Lot.
    9. Park means the private parks designated on the Plat of Lakeshore Woods Subdivision as Legacy Park, Shannons Park, Mapleridge Park North, Mapleridge Park South, and Mesic Park.
  3. Subdivision and Easements
    1. No Lot within the Development may be subdivided.
    2. No Lot Owners shall be permitted to grant any right of way or easement across the Lot Owner’s Lot to benefit any parcel of real property which is not part of the Development except as approved in writing by the Developer. This restriction shall not include the usual utility easements.
  4. Architectural Review and Control
    1. Reservation of Architectural Control. The Developer recognizes that there can be an infinite number of concepts and ideas for the development of Lots consistent with its plan for the Development. The Developer wishes to encourage the formulation of new or innovative concepts and ideas. Nevertheless, for the protection of all Lot Owners and for the preservation of the Developer’s concept for the Development, the Developer wishes to make certain that any Improvement placed on a Lot will maintain the natural beauty of the Development and, as much as reasonably possible, blend all man made structures into the natural background. In order to meet these objectives, the Developer reserves to the Developer and the Association the power to review and approve or disapprove all Improvements to the Lots.
    2. Architectural Review During the Development Period. During the Development Period all Architectural Control functions will be performed by the Developer or by a Designee of the Developer. During the Development Period, the Developer may, in its discretion, turn over to the Association all or a portion of Architectural review authority. By way of example, the Developer may turn over to the Association architectural review authority regarding proposed modifications to homes that have been constructed while retaining for the Developer the authority to control proposals for new construction. Applications to the Developer and review shall conform to Sections 4.5, 4.6 and 4.7.
    3. Architectural Review Following the Development Period. Following the close of the Development Period, or to the extent that the Developer has turned over authority to the Association, a Committee shall be appointed by the Board of Directors of the Association. The Committee shall perform architectural control functions that are within the power of the Association. The Board of Directors shall determine the number of seats on the Committee and may, in its discretion, remove members of the Committee and appoint new or additional members to the Committee. The Committee may act only by written instrument setting forth the action taken and signed by members of the Committee consenting to such action. Any Lot Owner aggrieved by a decision of the Committee, may appeal for relief to the Board of Directors as a whole. Such right of appeal is waived unless an appeal is filed with the Association within 21 days following the decision from which an appeal is sought.
    4. Process. No Lot Owner shall construct, alter, or maintain any Improvement on a Lot or perform any significant alteration to the terrain until all of the following have been completed:
      1. The Lot Owner has submitted to the Developer or Committee a complete set of preliminary sketches showing floor plans, exterior elevation, and an outline specification for materials and finishes.
      2. The Developer or Committee has approved the preliminary sketches, with or without conditions.
      3. Following approval of preliminary sketches, or in the event that the Committee waives the preliminary sketch phase, the Lot Owner shall submit to the Developer or Committee one complete set of plans and specifications therefore, in form satisfactory to the Committee, showing insofar as is appropriate:
        1. The size and dimensions of the Improvement;
        2. The exterior design;
        3. The exterior color scheme. Exterior colors shall be of low reflectances, subtle, neutral or earth tone colors. High intensity colors such as black, neon, metallic or fluorescent for the facade and/or roof of the building are prohibited except as approved for building trim;
        4. The exact location of each Improvement on the Lot;
        5. The location of the driveways, parking areas and landscaping; and
        6. The name of the proposed general contractor.
        7. Samples of proposed materials and colors to the extent required by the Committee.
        8. Such plans and specifications have been approved in writing by the Committee.
    5. Approval. Approval of preliminary sketches and detailed plans and specifications may be withheld, not only because of their noncompliance with any of the restrictions and conditions contained herein, but also because of the reasonable dissatisfaction of the Developer or Committee as to the location of the structures on the Lot, color scheme, finish, design, proportions, shape, height, type or appropriateness of the proposed Improvement or alteration, the materials used therein, the kind, shape or type of roof proposed to be placed thereon, the number of trees that must be removed, the degree of terrain alteration involved, or because of its reasonable dissatisfaction with any matters or things which, in the reasonable judgment of the Developer or Committee, would render the proposed Improvements inharmonious or out of keeping with the Development or with the Improvements erected in the immediate vicinity of the Lot.
    6. Time for Action. The Developer or the Committee shall grant, grant with conditions or deny an application no later than 30 days following the submission of complete and appropriate proposed final plans and specifications. Action by the Developer or Committee may consist of approval, approval with conditions, or denial. Failure of the Developer or Committee to act within the said time will constitute approval of the plans and specifications as submitted.
  5. Building Restrictions
    1. All Improvements to be approved by the Developer or Committee shall comply with the minimum requirements set forth in this section.
    2. Land Use and Building Type. All of the Lots described shall be used for residential sites. No structure shall be erected, altered, placed or permitted to remain on any residential building site other than a single family residential dwelling to be occupied by not more than one (1) family for residential purposes and not to exceed 2 1/2 stories in height, furthermore, each dwelling shall have an attached garage of not less than two stalls.
    3. Building Requirements, Location and Size. No residential dwelling shall be erected on a Lot with less than the following sizes of finished living areas above grade as calculated on exterior dimensions, exclusive of porches, garages, breezeways, decks, or other appendages to the dwelling:
      One story residence – 1,700 square feet
      Split-level, bi-level, and tri-level residence – 1,800 square feet
      One and one half story residence -1,800 square feet
      Two story residence -2,000 square feet
      For split-level, bi-level, tri-level, one and one half story, and two story residences, the first floor area must be not less than 1,200 square feet.
    4. Front Elevation. The exterior of the front elevation of the residential dwelling that faces the primary roadway must be constructed of wood, masonry (brick), stone, stucco, or similar natural material. For example: stone or brick on lower and cedar siding upper; or a combination of stone and stucco; or all stone trimmed in cedar or redwood. The Developer or Committee may, in its discretion, permit the use of artificial materials that bear qualities similar to natural materials.
    5. Subject to the approval of the Developer or Committee, it is acceptable to use a maintenance free siding, such as; aluminum or vinyl siding on the sides and rear of the residential dwelling.
    6. Chimneys. Exposed chimneys on exterior walls shall be constructed of stone, brick, stucco, or like material. The Committee may, in its discretion, permit the use of artificial materials that bear qualities similar to natural materials.
    7. Roof Pitch. The roof of each residential dwelling shall have a minimum of a six (6) to twelve (12) roof pitch.
    8. Stick Built. All residential dwellings shall be stick built on site. No off site assembled residences (pre-manufactured homes) shall be placed upon any Lot. System-built homes (e.g., log.homes) are allowed, providing the Developer approves them. No residential dwelling may be moved onto a Lot in the Development from another location.
    9. Landscaping and Natural Features. Landscaping is encouraged by the Developer. Where practicable, each Lot shall be preserved in its natural state by minimizing tree and soil removal. When necessary, each site must be stabilized by grading and seeding of a lawn or ground cover. Grade changes shall generally conform to the natural grade. Berms (other than septic berms required by the Health Department) may not exceed a height of more than two (2) feet above the surrounding grade.
    10. Driveways. All driveways shall be constructed of concrete or asphalt. Driveways must extend from the garage to the road having a minimum width of not less than ten (10) feet. Excepting the parking area in front of the garage, where the minimum width shall be equal to the garage door(s) and extend from the garage a minimum of twenty four (24) feet and shall be constructed of concrete or asphalt. All other driving approaches and parking areas in front of the main residential dwelling shall be constructed of concrete or asphalt. No driveways will have direct access to Pierce Street or 168th Avenue.
    11. County Road Commission. Prior to filling the driveway portion of a Lot, it shall be the responsibility of the Lot Owner to contact the Ottawa County Road Commission to obtain the necessary permission and, to the extent required, a permit to work within the road right-of-way. Driveway culverts may be required and are the responsibility of the Lot Owner.
    12. Building Setbacks. Dwellings and attached garages shall conform to the following setback distances when measured from the boundaries of a Lot:
      1. The front yard minimum setback is fifty (50) feet.
      2. The rear yard minimum setback is fifty (50) feet.
      3. The side yard minimum setback is ten (10) feet for a single setback provided that the combined total of sideyard setbacks are not less than twenty-five (25) feet.
      4. Corner Lots. A minimum setback of fifty (50) feet is required on aside yard that abuts a street.
  6. Construction Process
    1. All stumps, trees and brush cut or cleared to provide for a residential dwelling and/or driveway must be removed from the Development. No stumps or cleared trees and brush may be burned in Lakeshore Woods except by the Developer during the process of construction.
    2. The exterior of any residential dwelling shall be completed within one (1) year from the date construction of the residential dwelling commences. Landscaping shall be completed within six (6) months following the completion of construction of the principle structure.
    3. All debris resulting from the construction of a residential dwelling or other Improvements on a Lot shall be removed from the Lot with reasonable dispatch in order to prevent an unsightly or unsafe condition on the Lot.
    4. All land cuts caused by driveway installation or construction of a residential dwelling shall be stabilized.
  7. General Use & Occupancy Restrictions
    1. No immoral, improper, unlawful or offensive activity shall be carried on upon any Lot in the Development.
    2. Swimming Pools. No above ground swimming pools are permitted.
    3. Fences. No fences will be permitted except fences approved by the Developer or Committee for the purpose of enclosing or screening service areas, patios, in-ground swimming pools, dog runs, or other areas requiring privacy.
    4. Accessory Buildings. Not more than one (1) accessory building is permitted on a Lot, subject to the approval of the Developer or, following the Close of the Development Period, by the Committee, providing that the exterior is constructed of the same materials as the primary residence. Lot Owners constructing their principal home of brick or stone material are not required to construct a utility building of brick or stone, however, the color scheme must be similar. Accessory buildings must be constructed in the rear of the main residential dwelling, in the rear yard. The size of an accessory building shall not exceed the maximum allowable by the Zoning Ordinance of Grand Haven Township. No garage or accessory building shall be erected or placed on any Lot prior to the erection of the principal residential structure.
    5. Temporary Structures and Waste. No house trailer, trailers, basement, tent, garage, barn, temporary structure, or other out-building placed or erected on any Lot shall at anytime be used as a residence temporarily or permanently.
    6. Vehicles and Recreational Equipment.
      1. No trailers, boats, motor homes, or other recreational vehicles may be placed on any Lot for more than fourteen (14) days during any calendar year except within a garage.
      2. No semi-tractors or trailers, front end loaders, dozers or other construction equipment are permitted to be parked in the Development except in connection with deliveries or construction.
      3. Commercial vehicles such as panel trucks, vans, and delivery trucks may not be parked in the Development except within a garage unless in the process of work on the premises or delivery.
      4. All vehicles permitted to parked on a Lot must be parked on a paved surface.
      5. No vehicles may be parked in a Park.
      6. Minibikes, go karts, off-road vehicles and snowmobiles are not permitted within any Lot or within the Development unless stored within a garage.
      7. No inoperable, unlicensed or partially disassembled vehicle, may be stored or parked except within a garage or accessory building.
      8. No parts, junk, or components of equipment may be stored upon any Lot except within a garage or accessory building.
      9. Trash, garbage or other waste shall not be kept on any Lot, except in sanitary containers and shall be kept inside a garage or other fully enclosed areas on a Lot except for short periods of time reasonably necessary to permit collection of the same. No burning of garbage is allowed.
      10. No burning of leaves is permitted.
    7. Prohibition of Commercial or Industrial Use and Nuisances. No Lot shall be used for any commercial, industrial or business enterprise and no Lot shall be used for the storing of any equipment or materials used in any commercial or industrial enterprise. No noxious or offensive trade or activity shall be carried on or permitted upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the occupants of any other Lot or surrounding lands. Home occupations are allowed provided they comply with the Ordinances of Grand Haven Township and are approved by the Developer, during the Development Period, or by the Board of Directors thereafter.
    8. Animals. No animals of any kind shall be raised, kept or permitted on a Lot other than the usual household pets. Household pets are not to be kept, bred or raised for commercial purposes or in unreasonable numbers. All household pets are to be reasonably controlled so they are not a nuisance to other Lot Owners on account of conduct, noise, odor, or unsanitary conditions. No savage or dangerous animals, farm animals or barnyard fowl are permitted. The following dogs are not permitted on any Lot: pit bulls, dog-wolf hybrids, chows, & rottweilers. Dogs shall not be allowed to run free. Doghouses are not allowed on any Lot in the Development. The owner of a pet shall be responsible for picking up waste in Parks and on Lots and shall comply with Association rules pertaining to the use of dog runs and other matters. All animals shall be subject to such rules and regulations as the Developer or Association shall from time to time adopt. The maximum number of animals allowed and type shall not exceed or conflict with the requirements of the Zoning Ordinances of Grand Haven Township.
    9. Satellite Dish. A satellite dish not exceeding eighteen (18) inches in diameter will be permitted. Satellite dishes are not allowed in the front yard or on the front elevation or front roof of the main residential dwelling or garage.
    10. Utilities. All available utilities, including electric, natural gas, telephone and cable television, shall be installed underground.
    11. Television Antennas. No outside television antennas, wind generators, or ham radio towers shall be erected on any Lot in the Development.
    12. Night Lights. No outdoor property night lights shall be permitted to cast its direct rays beyond the boundary Lot lines of the Lot upon which night lights are installed.
    13. Weapons. No firearm, bow or other weapon may be discharged within the Development.
    14. Signs. No signs or other advertising will be displayed on any Lot, except that one (1) “For Sale” sign referring only to the Lot on which it is displayed without approval. All additional signs must be approved by the Developer. A name and address sign will be permitted. Nothing herein will be construed to prevent the Developer from erecting, placing or maintaining signs and offices as may be deemed necessary by the Developer in connection with the sale of Lots.
  8. Lot 1 (16916 Pierce Street)
    1. All Improvements on Lot 1 existing as of the date of recording these Covenants and Restrictions are accepted and approved by the Developer. Located on Lot 1 is an existing one story brick home, brick garage, and two small utility buildings. The home and buildings are exempt from the building restrictions relative to minimum square footage, existing driveways, size, roof pitch, and location. Lot I shall enjoy the same rights and responsibilities as outlined in these Restrictive Covenants and in the Lakeshore Woods Owners Association Bylaws. In the event the home and/or buildings should be razed in the future for whatever reason, all structures and Improvements thereafter constructed shall meet all minimum standards as required in the Restrictive Covenants.
  9. Ottawa County Health Department Requirements
    1. Water Systems. All dwellings in this Development shall connect to, and be exclusively served by, the municipal public water supply.
    2. Sewer Disposal Systems.
      1. Sewage disposal systems including berms shall be located and installed as directed by the Ottawa County Health Department.
      2. It shall be the responsibility of the property owner to install and maintain the sewage disposal system in good working order and comply with all applicable governmental regulations.
      3. With the application to obtain a permit from the Ottawa County Health Department for a sewage disposal system, the property owner will submit to the Ottawa County Health Department a lot development plan drawn to scale which shall locate the unit, private drives and right-of-ways, utilities, lot lines, building site, water service line, and proposed sewage disposal system location. As part of the application, the Ottawa County Health Department may require a topographical map showing existing and proposed contours. Contour intervals shall not exceed two (2) feet.
      4. All utilities to serve each lot shall be directed to the side lot line where they impact upon the initial and replacement sewage disposal areas.
      5. A replacement sewage disposal system area, meeting the same specifications of the initial system, shall be kept available and undisturbed in the event the initial system fails.
      6. Utilities, buildings, drives or other structures which may interfere with the installation and operation of the on-site sewage disposal system shall not be permitted within the designated initial and replacement sewage disposal system areas as indicated on the permit issued by the Ottawa County Health Department.
      7. The Development shall be subject to a sanitary sewer special assessment agreement between the Township and the Developer, to provide for the extension of public sanitary sewer to the Development in the event that the extension becomes feasible.
  10. Drainage Easements and District.
    1. Floor and Opening Elevation Restrictions. All construction shall comply with the Minimum Building Openings and Minimum Basement Floor Elevations provided on Exhibit B. The lowest allowable floor elevations are set at l’ or more above the high ground water elevation. The lowest allowable opening elevations are set l’ or more above the 100-year floodplain or hydraulic gradeline of the storm system. These elevations are set to reduce the risk of structural damage and the flooding of residential interiors. A waiver from elevations may be granted by the Ottawa County Drain Commissioner following receipt of a certification from a registered professional engineer demonstrating that the proposed elevation does not pose a risk of flooding.
    2. Easements for Surface Drainage. Easements for drainage are the benefit of upland lots within the subdivision and any construction, development, or grading that occurs within these easements will interfere with the drainage rights of those upland lots. Easements for drainage are for the continuous passage of surface drainage and each lot owner will be responsible for maintaining the surface drainage system across their property. The Ottawa County Drain Commissioner’s Office does not permit structures in Drainage Easements. This includes, but is not limited to, swimming pools, sheds, garages, patios, decks, fences or other permanent structures or landscaping features. No dumping of grass clippings, leaves, brush or other refuse is allowed within a drainage easement. These items obstruct drainage, restrict flow and plug culverts. This can lead to higher maintenance costs and cause flooding situations.
    3. Block Grading Plan. A Block Grading Plan is attached as Exhibit C. The block grading plan shows the direction of flow for the surface drainage for all lots. It is the lot owner’s responsibility to ensure that the final grading of the lot is in accordance with the block grading plan. During the final lot grading and landscaping, the owner shall take care to ensure that the installation of fences, plantings, trees, and shrubs do not interfere with nor concentrate the flow of surface drainage. No changes will be made in the grading of any lot areas used for drainage which would later affect surface run-off drainage patterns without the prior written consent of the Ottawa County Drain Commissioner for all portions of drainage system.
    4. Footing Drains & Sump Pumps. Laundry facilities or other similar features shall not be connected to a footing drain or sump pump system discharging to footing laterals and the storm water system. Laundry facilities and sewage lift pumps must discharge into the sanitary sewage disposal system.
    5. Soil Erosion and Sedimentation Control Permits. Each individual lot owner will be responsible for the erosion control measures necessary on each lot to keep loose soil from their construction activities out of the street, catch basins, and off of adjacent property. If any sedimentation in the street, catch basins, or adjacent lots results from construction for a particular site, it is the responsibility of that lot owner to have this cleaned up. This applies to ALL lots owners.
    6. County Drain and Drainage District. An “Agreement For The Establishment of a County Drain and County Drainage District Pursuant to Section 433 of Act No. 40 of the Public Acts of 1956, as Amended” (“the 433 Agreement”) has been executed and includes the subdivision within the County Drainage District.
  11. Parks.The Association is responsible for maintaining Parks in good and reasonable condition. No Lot Owner may modify a Park except with the written approval of the Board of Directors of the Association.
  12. Powers of Association.The Association shall have the power to assess the owners for the costs of administration of the Parks and other business of the Association as set forth in the Bylaws.
  13. Easements.
    1. Grant or Modification of Easement Not Requiring Plat Revision. During the Development Period, the Developer may grant or modify easements over and across the Subdivision for the purpose of providing utility or communication services for the benefit of the Subdivision or to meet the requirements of a government agency provided that no easement may burden a Lot unless the Lot Owners join in the grant or modification of easement and further provided that the grant or modification of the easement does not require revision of the Plat. Following the close of the Development Period, easements not requiring revision of the Plat may be approved by Board of Directors of the Association for the purpose of providing utility or communication services or to meet the requirements of a government agency provided that no easement may burden a Lot without the written approval of the Lot Owner.
    2. Grants or Modification of Easements Not Covered by Section 13.1. All grants or modification of easements that require revision of the Plat or which are not otherwise covered in Section 13.1 shall be approved by the owners of not less than two-thirds of Lots provided that no easement may burden a Lot without the written approval of the Lot Owner.
    3. Government Agency Approval. No easement may be granted or modified in a manner inconsistent with or in conflict with Planned Unit Development approval of Grand Haven Charter Township or the terms of approval by the Ottawa County Drain Commissioner or Ottawa County Health Department.
    4. Compliance with State Law. No easement maybe granted or modified in violation of the Michigan Land Division Act or successor statute.
  14. Planned Unit Development Requirements.The following requirements have been imposed on the Project by Grand Haven Charter Township upon approval of the Project as a Planned Unit Development. The requirements may not be modified without the approval of Grand Haven Charter Township. The Township is a third party beneficiary of the requirements. Violations may be enforced by the Township and, as provided in the Covenants and Restrictions and Bylaws, by the Developer and the Association.
    1. Tree Cutting on Lots. Trees twelve (12) inches in diameter or larger located outside of a building envelope cannot be cut except trees that are diseased, dead, or which pose a danger and upon the written consent of the Developer or, following the close of the Development Period, by the Committee. All other trees on Lots may be cut in the discretion of the Lot Owner within a distance of fifty (50) feet from the main residential dwelling and attached garage. At a distance greater than fifty (50) feet from the residential dwelling and attached garage, no owner may cut a tree larger than eight (8) inches in diameter, unless the tree is diseased, dead, poses a risk of danger, and is cut pursuant to the consent of the Developer or, following the close of the Development Period, by the Committee. All diameter measurements will be at a height of 4-1/2 feet above grade. Additionally, trees may be cut outside the building envelope for the primary and reserve septic systems. However, trees twelve (12) inches in diameter or greater will not be cut for the purpose of installing a primary or reserve septic system unless approved by the Developer or, following the close of the Development Period, by the Committee.The Developer shall, at the time of conveyance of a lot by the Developer, provide the purchaser with a survey showing the location of all trees with a diameter twelve (12) inches or greater measured at a height 4-1/2 feet above grade. Prior to the issuance of a building permit, the Lot owner shall flag, tag, otherwise visibly mark each such tree and shall maintain such markings until construction is complete.
    2. Greenspace Buffer Easement. The final Planned Unit Development requires thirty (30) foot greenspace buffers on the Southside of Lots 17-25 and 28-34 (Exhibit C). No buildings or other improvements may be erected in the greenspace buffer area. No trees larger than eight (8) inches in diameter, measured at a height of 4-1/2 feet above grade may be cut in the greenspace buffer area unless the tree is diseased, dead, poses a risk of danger, and is cut pursuant to the consent of the Developer or, following the close of the Development Period, by the Committee. Primary and reserve septic systems may be placed in the greenspace buffer area subject to the approval of the Developer, during the Development Period, or by the Committee thereafter, regarding the removal of any trees larger than eight (8) inches in diameter.
    3. Special Assessment District for Paving 168th Avenue. Little Pigeon, LLC, Pigeon Creek, LLC, and Lakeshore Woods Owners Association (the “Lot Owners”) hereby consent to and approve a Special Assessment District for future expenses associated with paving 168th Avenue from Lakeshore Woods Subdivisions’s South boundary line North to the intersection of Pierce Street (approximately 1,328.76 feet). The Lot Owners agree to pay 1/4 of the cost for paving this section of 168th Avenue, however, that cost shall not exceed $300.00 per lot in the subdivision. Therefore, each lot will be assessed a maximum of $300.00 in the future toward paving 168th Avenue. These requirements shall be set forth in a 168th Avenue paving special assessment agreement between the Developer and the Township.
    4. Vehicular Access. Vehicular access to all Lots shall not be gained in any manner other than directly from the internal roads in the subdivision. No Lot may have access directly to Pierce Street or 168th Avenue.
    5. Parks. The use of Parks is restricted as follows:
      1. Parks are protected from all forms of development except as shown on the approved site plan;
      2. Parks may not be changed to another use without the consent of the Township.
      3. The designated Parks are to be maintained by the Association in accordance with a schedule approved by Grand Haven Charter Township.
      4. The maintenance of Parks maybe undertaken by the Township in the event that Parks are not adequately maintained. Costs incurred by the Township for maintenance shall be assessed commonly against the Lot Owners.
    6. Walking Path. A five (5) foot wide mowed walking path shall be provided and maintained for use by lot owners within the Parks. Wooden timber trail markers will be provided and maintained as required by the conditions of Planned Unit Development approval. The walking path is for pedestrian use only. No motorized means of conveyance is permitted unless for the convenience of persons with disabilities as may be provided by the Developer or, following the close of the Development Period, by the Association.
    7. Entrance Way Sign. An entrance way sign shall be erected and maintained in accordance with the requirements of planned unit development approval.
  15. Enforcement.The provisions of this Declaration of Restrictive Covenants and the Bylaws may be enforced by the Developer and the Association as provided in the Bylaws.
  16. Amendment.No provision of this Declaration of Restrictive Covenants may be amended, except as follows:
    1. Amendments Not Requiring Plat Revision. During the Development Period, the Developer may amend these Covenants & Restrictions provided that the amendment does not require revision of the Plat and further provided that no amendment may materially affect the appurtenant rights of a Lot without the written approval of the Lot Owner. Following the close of the Development Period or following turnover of the authority to make amendments, amendments not requiring revision of the Plat may be approved by Board of Directors of the Association provided that the amendment does not require revision of the Plat and further provided that no amendment may materially affect a Lot without the written approval of the Lot Owner.
    2. Amendments Requiring Plat Revision or Not Covered by Section 16.1. Amendments that require revision of the Plat or which are not otherwise covered in Section 16.1 shall be approved by the owners of not less than two-thirds of Lots provided that no amendment may burden a Lot without the written approval of the Lot Owner. Notwithstanding the foregoing, the Developer, during the Development Period, and the Board of Directors thereafter, may amend the Covenants & Restrictions in a manner consistent with a final order of the Ottawa County Circuit Court amending the Plat.
    3. Turnover. The Developer may in its sole discretion, turnover to the Association, in whole or in part, rights and powers reserved to the Developer in these Covenants & Restrictions. Turnover shall be memorialized in an amendment to these Covenants & Restrictions.
    4. Recording. All amendments will be effective upon recording in the office of the Ottawa County, Michigan Register of Deeds.
    5. Binding effect. A copy of each amendment to the Declaration of Restrictive Covenants shall be furnished to every Owner. Failure to so furnish, however, will not affect the validity of the amendment.
    6. Government Agency Approval. No provision of this Declaration of Covenants and Restrictions may be amended in manner inconsistent with or in conflict with Planned Unit Development approval of Grand Haven Charter Township or the terms of approval by the Ottawa County Drain Commissioner or Ottawa County Health Department.
    7. Compliance with State Law. No amendment may be made in violation of the Michigan Land Division Act or successor statute.

LITTLE PIGEON, LLC

by Paul J. Zelenka
Paul J. Zelenka, Manager

PIGEON CREEK, LLC

by Grant Vander Veer
Grant Vander Veer, Member
by Robert Bytwerk
Robert Bytwerk, Member

STATE OF MICHIGAN )

)ss.

COUNTY OF OTTAWA )

The foregoing instrument was acknowledged before me this by PAUL J. ZELENKA, Manager of LITTLE PIGEON, LLC and GRANT VANDER VEER, and ROBERT BYTWERK, Members of PIGEON CREEK, LLC, on behalf of the Limited Liability Company.

Jeffrey T Heyboer
Jeffrey T Heyboer, Notory Public
Ottawa County, Michigan
Commission expires:
Acting in Ottawa County Michigan
This instrument drafted By:
HANN PERSINGER, P.C.
503 Century Lane, PO Box 1559
Holland, Michigan 49422-1559
616-396-1245

Return to drafter after
recording