Restrictions of
Subdivisions
1. Applicability and Descriptions
These restrictions shall be applicable to all lots in
the Sherwood Forest and Sherwood Forest Manor
Subdivisions, both of which shall be referred to herein
as "the Subdivisions." The said two subdivisions are
property in the City of Detroit, Wayne County, Michigan,
and as more fully described as follows:
(a) Sherwood Forest Subdivision of the Southwest quarter
of Section 3, TIN, R11 E, the plat thereof being
recorded at Liber 39, Page 11, W.C.R.
(b) Sherwood Forest Manor Subdivision of part of the
East 1/2 of the Southwest quarter of Section 3, TIS, R11
E, the plat thereof being recorded at Liber 59, Page 17,
W.C.R.
2. Nature and Cost of New Construction
No residence other than a single private dwelling house
which shall cost not less than $100,000 shall be
erected on any lot in the Subdivisions (other than lots
fronting on Livernois and Seven Mile Roads). Lots
fronting on Seven Mile Road may be used for two (2)
family residences or other uses permitted by law, the
cost of construction of which is not less that $150,000.
Lots fronting on Livernois Avenue may be used for stores
or other uses permitted by law, the cost of construction
of which are to not less than $150,000. The foregoing
dollar figures shall be increased in January of each
year by a percentage equal to the percentage rise in the
previous twelve (12) months of the housing component of
the United States Bureau of Labor Statistics Consumer
Price Index (1967=100) for All Urban Consumers for the
City of Detroit, or the equivalent of such index then in
existence. All residences and business structures shall
be of pressed, glazed, or wire cut brick, stone or
concrete over tile or metal lath for exterior
construction with full basement. Residences shall be at
least two full stories and not more that 2 1/2 stories
in height, containing a minimum of 2,200 square fell of
enclosed area, with at least 18 feet of studding. No
residence building with a flat roof shall be erected on
any of said lots.
3. Use of Property
The property and buildings in the Subdivisions
(excepting lots fronting on Livernois Avenue which may
be used for purposes for which they are properly zoned)
shall be used and occupied only by a single family. They
shall not be used for any trade, business or occupation
or employment (or uses incident thereto) or for
apartment, multiple residential or boarding house use.
No advertising sign, billboard, or other advertising
device shall be permitted, erected, placed or maintained
at any time upon said premises other than the normal and
usual "For Sale" sign incident to the sale of property.
The term "family" as used herein shall be as such term
is defined in the Zoning Ordinances of the City of
Detroit in effect on the initial effective date of these
restrictions. No property in the Subdivisions shall be
used or occupied in whole or in part, directly or
indirectly, for any noxious or unlawful purpose or for
any activity which constitutes a nuisance under
applicable law.
4. Non-Discrimination Policy
It is hereby declared to be the policy of the
Subdivisions that all property therein will be available
without regard to race, creed, color, sex or national
origin.
5. Garages
A garage may be erected on any of said lots except on
lots fronting on Livernois Avenue, but only for the
private use of the owner of the lot on which said garage
is located. Living apartments may be provided in any
2-story garage for the occupancy of persons, provided
that such persons (a) are in the employ of the property
owner, and (b) all of such persons perform continuous
and substantial services for the owner or occupants of
the principal dwelling, and (c) receive therefor monies
and/or consideration substantially in excess of, and in
addition to, or the reasonable value of, use and
occupancy of the said living apartment. Each garage (or
any out-building) shall correspond in architecture and
shall be of the same material and construction as the
residence to which it is appurtenant. A single storage
building or garden and such other tools and equipment
shall be permitted on each lot provided that it (a) is
placed at the rear of the property, and (b) is
harmonious in color and design to the contiguous
property, and (c) does not exceed six (6) feet by ten
(10) feet in length and width, and six (6) feet in
height.
6. Approval of Construction
A property owner shall submit to the Sherwood Forest
Association ("Association") for its prior approval,
detailed plans and specifications for the construction
and location of any residence or garage or any material
addition to or alteration of same which requires a
permit from the City of Detroit. All such plans must be
in conformity with all applicable building codes, rules
and regulations, and these restrictions and otherwise
provide for construction in harmony with the existing
structure of which it is a part and correspond in
architecture to the immediate area of the subdivision
involved. This must be approved by the Association in
writing prior to commencement of any work or
construction. If the Association has failed to approve
said plans, and has failed to advise the owner that said
plans are not acceptable, within thirty (30) days after
their receipt by the Association, the said plans shall
be considered as approved, and any construction shall be
in accordance therewith. Any substantial changes in
plans shall require the same approval and zoning as the
original plans.
7. Miscellaneous Restrictions
With respect to lots in Sherwood Forest Subdivision, no
building or any part of any building, such as bow
windows, or swell fronts or other parts thereof designed
for occupancy (except on open porches or steps) shall be
erected on any lot fronting on Stratford, Chesterfield,
Roslyn, Shrewsbury or Warrington; or East side of
Berkeley Road, or on Lots 473 to 477 within thirty (30)
feet of front lot line, or any other lot fronting on
Canterbury, Sherbourne, Parkside, West side of Berkeley,
Kingston, Seven Mile Road and Cambridge Roads with forty
(40) feet of front lot line. With respect to lots in
Sherwood Forest Manor Subdivision, no building or any
part of any building, such as bow windows, or swell
fronts or other parts designed for occupancy except open
porches or steps shall be erected on Lots 1 to 26, with
50 feet of the front lot line thereof; on Lots 27 to 47
inclusive, within 30 feet of the front line thereof; on
Lots 48 to 51 inclusive, within 40 feet of the front lot
line thereof, and on Lots 52 to 63 inclusive, within 50
feet of the front lot line thereof; unless otherwise
approved by the Vendor. All residences or part thereof,
including cornices, balconies, pergolas or porches shall
not exceed nearer than five (5) feet to the side lot
line.
8. Grade Restrictions
All dwellings shall be erected on a grade of an least 20
inches above the inner sidewalk grade line or 15 inches
if building line is 30 feet and according to profile
plans of the engineers of the property. The natural
grade of the land shall not be raised more than 2 feet
above the sidewalk without the written consent of the
Association and of the adjoining property owners.
9. Fences and Hedges
No boundary lines between lots shall be designated
except by hedges or woven wire fences of a uniform
pattern with iron posts or any other type approved by
the Association in accordance with procedures referred
to in Paragraph 6 of these Restrictions, and shall not
extend above four (4) feet in height except that on
boundary lines in immediate areas of swimming pools,
such may extend to a height of six (6) feet, and no
hedge higher than two (2) feet from the grade line, nor
fence of any kind shall be allowed to extend beyond the
building line. With respect to corner lots, or other
lots with respect to which there may be unusual or
special circumstances, the nature, height and location
of fences and hedges may vary from these requirements,
after application to, and approval in writing by the
Association, which approval shall be given upon good
cause shown and on such conditions as may be reasonable
and consistent with the general intent of these
Restrictions. On lots abutting on an alley, a tight
board fence or a masonry wall of a uniform height of 5
feet must be constructed on the rear lot line.
10. Temporary Structures
No tents, shacks, barns, vehicles (including, but not
limited to trailers, recreational vehicles and vans) or
any temporary building or structure of any design
whatsoever, shall be used for living or residence
purposes. No temporary occupancy, residence or domicile
shall be permitted in unfinished, incomplete or
materially damaged residences or structures, provided
that this restriction shall not prevent the erection of
a temporary storage building for materials and supplies
used solely for, and in, the construction of a dwelling,
provided that such storage building is removed from the
premises upon completion of the residence.
11. Animals and Pets
No animals, livestock or poultry or any kind, except
cats, dogs or other household pets, may be raised, bred
or kept. Cats, dogs and other household pets shall not
be kept, bred or raised for any pecuniary gain, and
their owner shall comply with all laws and ordinances
pertaining to the ownership and keeping of such animals.
12. Lot Maintenance
No lot, nor any part thereof, shall be used or
maintained as a dumping area for rubbish, trash, garbage
or other waste material, or as a storage area for
abandoned or disabled vehicles. Waste materials shall be
kept in sanitary containers properly concealed from
public view. No outside incinerator shall be maintained
or used. All lots shall be maintained in a clean and
orderly manner free of rubbish, debris and trash, weeds
and excessive growth.
13. Building Completion
The erection of any new building or repair of any
building damaged by fire or otherwise shall be completed
as rapidly as possible. Should the owner or contractor
leave such building in an incomplete condition for a
period of more than six (6) months, then the Association
or its authorized representative, in its discretion is
authorized and empowered (but not required) to tear down
and clear from the property the uncompleted portion of
such structure, or to complete the same at its
discretion, and in either event, the expense incurred in
so doing shall be charged to the owner's interest
therein and shall be a lien upon said lands and
property.
14. Moving Residences
No existing residences or buildings may be moved on to
any lot or lots in the Subdivisions.
15. Debris/Tree Stump Removal
All unused building materials and temporary construction
shall be removed from the property and Subdivisions
within sixty (60) days after substantial completion of
construction. The portion of the surface of the earth
which is disturbed by excavation and other construction
work shall be finish-graded and seeded or covered with
such other landscaping as soon as the construction work
and weather permit.
Stumps and trees are not to be removed to adjoining or
other sites in the Subdivision. All tree stumps in front
yards shall be removed.
16. Vacant Property
The owners of any vacant or unoccupied building or
structure shall take reasonable steps to secure said
building against trespassers and other hazards and
otherwise keep and maintain said buildings and property
in accordance with these restrictions. The securing of
buildings shall be accomplished by the use of wire mesh
unless such is not feasible.
17. Restrictions Enforcement
The Sherwood Forest Association, and its successors,
shall have the right to administer and enforce these
Restrictions, provided, however, that such shall not
preclude any property owner whose property is subject to
these Restrictions and who is not in violation of any
Restrictions, from also enforcing these Restrictions to
the extent permitted by law, if the Association failed
to act within 120 days after be requested to do so by
such property owner. Enforcement may be appropriate
legal proceeding to restrain violation and/or to recover
damages. The cost and expense of successfully enforcing
these Restrictions (or taking any action under Paragraph
13 hereof or correcting conditions which are in
violation hereof), incurred by the Association or any
individual property owner(s) shall be borne and paid by
the owner(s) of the property or lot with reference to
which the violation occurred. The unpaid amount thereof,
plus interest at the rate of 7% per annum until paid in
full, shall be and become a lien upon said property upon
the filing with the Register of Deeds, an affidavit
executed by an officer of the Association (or the
property owner incurring such expense) setting forth in
reasonable detail, the amount of such costs and expenses
and the purpose(s) for which they were expended, and the
description of the property against which the lien is
filed. Any lien obtained under these Restrictions may be
enforced and foreclosed in the same manner as real
estate mortgages with powers of sale, under the laws of
the State of Michigan.
18. Continuance and Renewal
These Restrictions shall run with the land and shall be
binding on the owners and signatories, their heirs,
successors and assigns, and upon any other persons or
other entities owning or claiming any right, title or
other interest of any kind in any of the property in the
Subdivision until January 1, 2002. Existing easements
for public utilities shall continue. From and after the
year 2002, the Restrictions shall be automatically
extended for successive periods of ten (10) years each,
unless prior to the end of any such restriction term, an
instrument signed and agreed to by a majority of the
then owners of the lots in each of the Subdivisions is
duly recorded with the Register of Deeds, setting forth
any change or alteration in said Restrictions, in whole
or in part, or terminating same.
19. Existing Conditions
Any use practice or condition which
(a) was in existence as of April 1, 1981, and
(b) was or may have been in violation of a property
restriction in effect prior to these Restrictions, but
solely relating to the subject matters covered in
paragraphs 2, 3, 5, 7, 8 and 9 of these Restrictions,
and
(c) is in existence on the effective date of these
Restrictions,
shall be considered as permissible, non-conforming use,
practice or condition, and as such may continue
notwithstanding such may be in violation of these
Restrictions, provided, however, that whenever any of
such permissible non-conforming use, practice or
condition is temporarily or permanently discontinued,
changed or altered, in any way whatsoever, the
provisions of these Restrictions shall govern and apply,
and such non-conforming uses, practices or conditions
shall cease to be permitted.
In any dispute involving this paragraph, the owner
attempting to establish the existence of a permissible
non-conforming use, practice or condition, shall have
the burden of proof. The said burden of proof with
respect to element (c) above may be deemed to have been
satisfied if, prior to the effective date of these
Restrictions, the owner involved submits a signed
detailed written description of the said use, practice
or condition, to the Association, in a form and with
substance reasonably acceptable to the Association.
Any other existing use, practice or condition which is
not a permissible non-conforming use shall be changed or
altered to conform to the provisions hereof.
20. Effective Date
These Restrictions shall only become operative and
effective on such date, occurring no earlier than
January 1, 1982, as the owners of at least 75% of the
lots in each of the Sherwood Forest and Sherwood Forest
Manor Subdivisions (exclusive of lots fronting on
Livernois) shall have duly executed consents thereto in
recordable form provided by the Association. The
specific effective date shall be the date on which there
is recorded these Restrictions and affidavit by an
officer of the Association stating that the said 75%
requirements have been met and setting forth the lot
numbers with respect to which such consents have been
obtained, together with the aforesaid duly executed
consents. Additional consents may be obtained and
recorded thereafter.
In the even that such affidavit is not recorded on or
before September 1, 1982, these Restrictions and the
consents thereto by any lot owner shall be void and of
no effect.
21. Separability
Invalidation of any of these provisions or restrictions
by any court shall not affect the validity of the
remaining provisions and Restrictions, which shall
remain in full force and effect.
NOTE: These restrictions became effective on September
1, 1982, after being signed by more than the required
75% of the homeowners and after an affidavit was timely
filed and recorded. |
|
|
