Protective Covenants Timber Ridge Estates

In consideration of the mutual benefits to accrue to the area and to the owners from time to time of said lots and to maintain suitable building restrictions and to insure uniformity and harmony and to preserve and protect the desirability, beauty and value of the land in said addition for the benefit of all the owners thereof, the undersigned owners hereby impose the following protective covenants on said lots to be in full force and effect as hereinafter set forth and all conveyances hereinafter made to third parties, their heirs, personal representatives and assigns of any of the lots or parts thereof of said addition shall be subject to the restrictions set fort in this agreement, and these covenants shall be construed as running with the land, to-wit:

  1. All lots described herein (with the exception of Lot 5 )shall be known, described and used solely as residential lots, and no structure shall be erected on any residential lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than three cars; or, one residential duplex, on designated lots, not to exceed two stories in height and two private garages for not more than two cars each. In addition, one garage/storage building per lot will be allowed. The garage/storage building shall not exceed 30’x30’ in size with sidewalls limited to 10’ in height. The garage/storage building must have the same siding (materials and color) and the same roofing (materials and color) as the dwelling. Plans for the garage/storage building must be approved by the Proprietor/Developer, or their successors and assigns.
  2. Lot 5 will be zoned A-1 (limited agricultural) and may be used indefinitely for equestrian as well as residential purposes.
  3. No trailer, basement, tent, shack, garage, barn or other out building erected in the tract shall, at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted.
  4. Any structure constructed on the above-described property shall conform to standard building procedures for stick built homes.
  5. No building shall be erected, placed or altered on any lot unless the design, color and location is in harmony with the existing structures and locations in the tract and does not violate any protective covenant. The exterior color of all structures shall fall within earthen-tone colors, as provided by Proprietor/Developer, and their successor, and there shall be no all-white structures. In any case, no single family dwelling shall be permitted on any lot described herein having a ground floor square foot area less than 1600 square feet, in the case of a one-story structure, no less than 2400 square feet in the case of a two-story structure. In the case of a duplex, each duplex consists of two units and the ground floor square foot area will not be less than 1200 square feet per unit. Those lots permissible for, though not restricted to, duplexes are: Lots 11, 12, 13, 14, 15, 43, 44, 45, 46, 55, 56, and 57.
  6. Title holder of each lot, vacant or improved shall keep his lot or lots free of weeds and debris.
  7. No unused old vehicles, machinery or junk shall be kept or stored on any lot or street.
  8. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising a property for sale or rent or signs used by a builder to advertise the property during the construction and sales period.
  9. No fences that may be erected are to be higher than five feet and all fences must be built inside the owner’s property line no closer than eight feet from the street line and the owners building fences on corner lots must abide by the site line distance as heretofore set out.
  10. The exterior of the house, garage, garage/storage building, seeding, sodding and grading shall be completed within fifteen months after excavation begins for such construction. All new additions or garages or garage/storage buildings built after the house is complete must be finished within one year from the commencement of the construction.
  11. Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them.
  12. Enforcement: Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damage.
  13. Severability: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
  14. Reversion of Title: As additional consideration for the property described in the sales agreement, the Buyer agrees to begin and complete construction of a residential dwelling within five (5) years from the date of closing. In the event the Buyer has not begun and completed construction of a residential dwelling by such date, title to the property subject of the sales agreement shall revert to Seller. At closing, the Buyer(s) shall enter an Escrow Agreement with the Seller and Schuster and Mick Law Office as Escrow Agent, and shall deliver an Escrow Deed conveying the property subject to the sales agreement to the Seller. The Escrow Deed shall be delivered to the Escrow Agent to hold in Escrow as follows: The Escrow Agreement shall state that the Escrow Deed is to be presented to the Escrow Agent for delivery to the Seller five (5) years after the date of closing only in the event the Buyer(s) has not begun and completed construction of a residential dwelling on the property described in the Sales Agreement. Such delivery shall also be conditioned on receipt by the Escrow Agent of a statement approved by the Seller that Buyer(s) has, in fact, not begun and completed construction of such residential dwelling. In the event Buyer(s) fails to begin and complete construction of a residential dwelling as agreed above and such fact has been certified to the Escrow Agent by the Seller, then the Seller shall, contemporaneous with the delivery of the Escrow Deed, pay to the Buyer(s), their heirs, successors, and assigns, a sum equal to the “Total Contract Sales Price” as stated in the Sales Agreement less the sum of Six Thousand Dollars and no/100-------------------------($6,000.00) as liquidated damages.
  15. Prevent Reversion: To avoid reversion, the buyer must pay the sum of Three Thousand Dollars and no/100------------------($3,000.00) to the City of Marquette to get a one year extension of the automatic reversion.
  16. Underground Utilities: All utilities and LP tanks will be buried.
  17. Outside Woodburners: Outside woodburners will not be permitted.
  18. Any of these Protective Covenants may be amended, subject to the following:
    1. Such amendment shall be in writing;
    2. The amendment must be approved in writing by the owners of a majority of the parcels in the subdivision;
    3. The amendment must be approved in writing by the City of Marquette; and
    4. The amendment shall be recorded.

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