Part Of The Northeast And Southeast Quarters, Section 3, Town 3 South, Range 13 West, Antwerp Township, Van Buren County, Michigan. (See attached exhibits A through E).
PURPOSE:
The following standards and restrictions shall apply to any and all construction on or use of any lot in the OAK MEADOWS Plat, and any designated Preserve Areas adjacent thereto. They are designed to assure uniformity of quality and preservation of property values.
LOT & OPEN SPACE DEVELOPMENT STANDARDS:
1) Set back Requirements: The minimum set-back from the front Lot line shall be 50 feet. The minimum set-back from any side or rear line shall be 20 feet.
2) Lot Preparation: Any substantial change in the contour of a Lot must be approved by the Architectural Committee hereinafter described and any soil removed during site preparation shall be used on that lot or shall be placed in an area of the Plat designated by said Architectural Review Committee.
3) Common Areas: The portions of land adjacent to the Plat, designated Meadow Oak Preserve East (See attached exhibit A & B) and Meadow Oak Preserve West (See attached exhibit C & D) are to maintain the rural, natural and scenic qualities and to promote the preservation of open space. As such, this land shall always remain undeveloped open space, dedicated to open space in perpetuity, and no type of building shall be built on the open space areas, unless so approved by a majority of the lot owners and the Antwerp Township Board. Motorized vehicles shall be prohibited in open space areas, except for landscaping equipment being used to maintain the area, as approved by the majority of the lot owners. The easements over part of the plat or adjacent open space shown as PRIVATE EASEMENT FOR STORM WATER DRAINAGE shall remain in undisturbed condition except by order of the Van Buren county Road Commission or the Van Buren County Drain Commissioner. No building shall be allowed within any easement area.
4) Architectural Review Committee: The Architectural Review Committee shall consist of two or more members appointed by James Boven and Mark Boven, the Plat Developers, until such time as they no longer have ownership of any lot in the Plat, at which time the Architectural Review Committee shall consist of members appointed by the associated property owners of Oak Meadow.
5) Lot Use: All lots in the Plat shall be used for single family residences only. Extra storage buildings and other out-buildings will be allowed only if approved in writing by the Architectural Review Committee.
6) House Construction: All houses shall be constructed according to plans approved by the Architectural Review Committee and shall meet the minimum floor space requirements set forth hereafter. Construction shall proceed to completion without unreasonable delay once excavation has started. Construction work must be completed, according to the approved plans within twelve months of ground breaking.
7) House Plan Review: Prior to undertaking any excavation or construction a complete set of plans must be submitted to the Architectural Review Committee and written approval of same must be obtained. House plans submitted for approval shall be professionally drafted and must include foundation and basement plans, floor plans, exterior and roof elevations, patio and deck designs, and a site plan. The committee will respond to requests for approval within ten days of receipt of complete plans. Approval or denial by the Committee of any building request may be based on any grounds, including purely aesthetic reasons, which at the sole discretion of the Committee shall be considered sufficient. The Committee shall retain a complete copy of all approved plans.
8) Outbuildings: All out buildings shall be constructed with similar exterior decorating as the house on that lot, and shall be subject to the same requirements in restrictions 6 and 7. In no instance shall there be more than two outbuildings, and the total square footage of both of the buildings shall not exceed 1000 square feet, and height of buildings shall not exceed 12 feet at the eaves. No construction of outbuildings shall commence on any lot until construction of the house on that lot is well underway.
9) Minimum Floor Space Requirements: Single story and walkout ranches shall have a minimum habitable floor area of 1100 square feet on the main floor. Bi-level and one and one half story homes shall have a minimum habitable floor area of 1200 square feet, with 800 square feet on the main floor. Tri-level and quad level homes shall have a total habitable floor area of 1100 square feet on the main and upper levels. Two story homes shall have a total minimum habitable floor area of 1200 square feet on the first and second floors.
10) Basement Area & Garage Requirements: All houses must have a minimum of 576 square feet of basement area extending 7.5 feet or more above the basements floor and a two or three car garage attached to the dwelling.
11) Square footage Measurements: The above required square footage shall be determined by the exterior perimeter measurements and shall specifically exclude garages, breezeways, porches, decks, and similar areas.
12) Meadow Oak Preserve East: The common area to the East of the plat, designated as Meadow Oak Preserve East (See attached exhibit A & B) shall be deemed to be under the collective ownership of the owners of lots 1-34 in the Plat, for purposes of maintenance, taxes, and liability. The ownership of Meadow Oak Preserve East shall be proportional to the number of lots owned on the East side of Meadow Oak Drive in the Plat. Subject to paragraph 3, uses of Meadow Oak Preserve East shall be determined by the majority of lot owners of lots 1-34 in the Plat.
13) Meadow Oak Preserve West: The common area to the West of the plat, designated as Meadow Oak Preserve West (See attached exhibit C & D), shall be deemed to be under the collective ownership of the owners of lots 35-62 in the Plat, for purposes of maintenance, taxes, and liability. The ownership of Meadow Oak Preserve West shall be proportional to the number of lots owned on the West side of Meadow Oak Drive in the Plat. Subject to paragraph 3, uses of Meadow Oak Preserve West shall be determined by the majority of lot owners of lots 35-62 in the Plat.
14) Signs: No sign, other than one advertising the house and/or lot for sale shall be permitted on any lot, except, the developer may place and maintain additional signs at or near the entrances to said Plat at 48th Avenue and Red Arrow Highway. All signs must be professional in appearance.
15) Model Homes: The developer may construct and maintain one or more model homes in the Plat, and may use such models to promote the sale of houses and lots in the Plat.
16) Subletting: No owner of any lot shall lease or sublet less than the whole of any dwelling.
17) Temporary Use: No tents, motor homes, boats or trailers shall be used as a temporary or permanent residence, and no tractor, tractor-trailer, flat-bed truck, cargo truck, R. V., camper, or any other vehicle, other than automobiles or vans not exceeding twenty (20) feet in overall length, shall be parked on any part of the Plat for more than an eight hour period, unless concealed in an outbuilding constructed according to restriction 8, or within an area not visible from the front or any of the lots within the plat.
18) Animals: No livestock or poultry shall be raised, bred or kept on any lot except for dogs, cats, or other domestic pets which are confined to the owner’s lot. Any structure or fencing designed to house or confine pets shall be located on the lot is a manner preventing it from being visible from the street.
19) Septic Systems: A Sanitation Permit for an on-site sewage disposal system shall be obtained from the Van Buren County Public Health Department before construction begins on any lot.
20) Water Wells: A Water Well Permit for an on-site water supply system shall be obtained from the Van Buren County Public Health Department before construction begins on any lot. Water Wells shall be drilled to reach a minimum depth of 94 feet below the surface or they must pass through a protective barrier of at least 10 feet in thickness.
21) Driveway Access: Lot 1 shall not be allowed direct driveway access out onto 48th Avenue and shall have a driveway connecting to Meadow Oak Drive only.
The invalidation of any one or more of these standards and restrictions by any court shall not affect the remainder of these standards and restrictions and they shall remain in full force.
Any person, persons, or entities owning any lot or building site within said Plat may take legal action against the person or persons violating or attempting to violate any of these standards and restrictions and prevent them from doing so and/or recover damages for their breach. In the event legal action is taken to enforce these restrictions, then the prevailing party in addition to the relief requested, will also recover their actual attorney fees.
Also in the event that any of these restrictions are violated and the owner of any parcel fails to cure the violation, the owners of a majority of the lots in the Plat may vote to have the violation cured, cause the work to be performed on the parcel and place a lien on the parcel for the total cost to cure the violation. This lien shall be recorded and bear interest at the then highest allowable rate of interest in Michigan and may be foreclosed upon in the same manner as a mortgage on the premises.
Restrictions 12 and 13 are effective in perpetuity and cannot be amended. All deeds for lots 1-34 in Oak Meadows shall convey said undivided collective ownership in the preserve area directly to the East of the plat designated as Meadow Oak Preserve East, and stipulate that said ownership can not be severed from the lot. All deeds for lots 35-62 in Oak Meadows shall convey said undivided collective ownership in the preserve area directly to the West of the plat designated as Meadow Oak Preserve West and stipulate that said ownership can not be severed from the lot. Restriction 3 is effective in perpetuity and can not be amended. Restrictions 19 and 20 are effective in perpetuity and can be amended only with the written consent of the Van Buren County Public Health Department. Restriction 21 is effective in perpetuity and can be amended only with the written consent of the Van Buren County Road Commission. All other restrictions and covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from the date these restrictions and covenants are recorded, after which time said restrictions and covenants shall be automatically extended for successive periods of (5) years unless and instrument signed by a majority of the then owners of the lots has been recorded, agreeing to modify these restrictions in whole or part.