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This is a copy of the original text. The original with all actual signatures and
stamps is on file at the Oakland County Records Office.
LIBER 3897 - PAGE 662
Jacob G. Judson and Mae S. Judson,
his Wife,
The Owners
of Judson Park
A subdivision of the Southwest 1/4
of Section 5, Town 3 North, Range 11
East, Avon Township, Oakland County, Michigan.
Whereas the above named Jacob G. Judson and Mae S.
Judson, his wife, are the Owners of Judson Park #3 a subdivision located in Avon Township, Oakland County, Michigan, the plat
of which is recorded in Liber 96 of Plats, Page 25, Oakland, County Records.
Whereas, it is the intent and purpose of the above
named parties to subject the lots in the above sectioned subdivision to certain building restrictions, protective covenants,
conditions, obligations, reservations, rights, powers and charges as hereinafter set forth, which shall run with the
land and be binding upon the present Owners and all future Owners and occupants, their heirs, assigns and successors, and
that all contracts, mortgages, deeds, leases, agreements and conveyances of whatsoever nature involving said premises shall
be executed subject to said restrictions and covenants.
NOW THEREFORE, to the end that the lots in
said subdivision may be restricted in their use, and in order to make said building restrictions, protective covenants, conditions,
obligations, reservations, rights, powers and charges binding and of full force and effect on all of the lots in said subdivision
and upon the present and future owners and occupants of the same, above named parties hereby certify and declare that all
of the lots in the above described subdivision shall, if and when conveyed, be subject to and charged with all
of the building restrictions, protective covenants, condition., obligation., reservations, rights, powers and charges hereinafter
set forth in this instrument and the record of this instrument in the Office of the Register of Deeds for Oakland County shall
be notice to all purchasers.
Liber 3897 - Page 662
RESTRICTIONS:
1.
All, lots in said Subdivision shall be used for Residence only. No building
other than a single family dwelling, not to exceed two (2) stories in height and a private garage for not more than three
(3) cars, shall be erected, altered, placed or permitted on any one lot.
2.
No outbuildings of any kind or nature other than one private garage for not
more than three (3) cars shall be erected, altered, placed or permitted on any lot in said subdivision.
3.
Private garage buildings may be annexed to and be a part of the dwelling
house; or, may be erected on the rear one-half (1/2) of any lot, but not less than five (5) feet removed from the side boundary
line, nor six (6) feet from the rear boundary line.
4.
No dwelling private garage or building previously used as a dwelling or previously
occupied for any purpose whatsoever shall be moved or placed on any lot in said subdivision.
5.
One-story dwellings shall have an area of not less than one thousand one
hundred (1100) square feet of floor space, exclusive of breezeways, porches and/or garages. Two story dwellings shall have
first floor area of not less than seven hundred twenty (720) square feet of floor space, exclusive of breezeways, porches
and/or garages arid the second floor area shall be no less than the first floor area.
One and a half story dwellings shall have a first floor area of not less than nine hundred fifty (950) square feet
of floor space, exc1usive of breezeways, porches and/or garages.
6.
No building shall be erected, placed, altered or permitted closer than sixty
(60) feet from the front lot line, nor closer than sixteen (16) feet from the side lot lines.
7.
The exterior of all buildings erected on this subdivision shall be completed,
including painting, within six (6) months from date of commencement of construction. No building shall be occupied as a residence
until the exterior of the dwelling has been completed and until the sewage and sanitary specifications have been complied
with as stipulated in Provision 8.
8.
No privy-vault or outhouse shall be used, maintained or permitted on the
premises, but in place thereof, the grantees or occupant shall, at their own expense, install septic tanks and flush toilets
of, a type, size and design approved by the Health Department of the State of Michigan. No cesspool, septic tank or drain
from septic tank, shall be installed nearer than twenty-five feet from the side boundary line of any lot. Provided however
that where drainage is insufficient a “dry hole” shall be constructed or established in addition to the septic
tank.
9.
All culverts installed
on roads shall be approved by the Oakland County Road Commission, both to size and installation.
10.
All dwellings erected
on said premises shall be p1aced on cement foundations, or equivalent, in compliance with standard building practices and
codes of the State of Michigan and ordinances of the Township of Avon.
11.
The exterior sidewalls of all dwellings and other buildings erected in said
subdivision shall be constructed, of new standard approved materials, including brick, stone or standard wood siding. No outside
siding, however, with an asphalt or Celotex base shall be used either in original construction or in repair. Roofs of all
buildings shall be covered with shingles of asphalt, asbestos, slate or wood and no roll roofing shall be used except under
said shingles. If pitch of said roof make said shingles unusable, said roof shall be built of hot tar construction and gravel
or chip stone covered.
12.
No house trailer or other type of’ temporary dwelling shall be, at
any time, placed or permitted within said subdivision
13.
No poster, billboard or other advertising shall be erected or displayed on
any lot or lots in the Subdivision other than those displayed by the Subdivider in the sale of the property, without the written
consent of the Sellers, or their duly authorized agents.
14.
No walls, fences, or construction
of any kind excepting drives and walks shall be installed between the front building line of any lot and the street. No fences,
except picket, post and rail new woven wire or lattice fences shall be-erected upon any portion of any lot in said Subdivision.
No fence, in any event, shall exceed five (5’) feet in height.
15.
No noxious or offensive trade, manufacturing second-hand merchandising or wrecking business-will be permitted,
nor shall any junk, abandoned automobi1es, nor anything be: allowed, in-this subdivision which may become an annoyance or
nuisance to the neighborhood. No refuse or other unsightly or objectionable features shall be allowed on any of said lots
unless the same shall be properly concealed.
16.
An easement is hereby, reserved over each lot in the subdivision for the installation and maintenance of utility
services and drains.
17.
The use of all lots shall be subject to all effective provisions of existing zoning and restrictive ordinances
and such as may hereafter may be enacted by governmental authority.
18.
If
the parties hereto or the survivors of any of them, or their heirs, assignees, shall violate or attempt to violate any protective
covenants, conditions, therein, it will be lawful for any other person of persons
having title to any real property situate the person or persons violating or attempting to violate any such covenants or conditions
and to prevent him or them from such violations or to recover damages for same.
19.
No animals, livestock, fowl shall be maintained or kept on the premises. House pets,
except on a commercial basis, are to be permitted.
20.
The invalidation of any of these covenants, conditions, limitations or restrictions by virtue of any judgment
or Court Order shall In no wise effect any of’ the other conditions, limitations, restrictions, herein contained
and they sha1l remain force and effect.
ORIGINALS SIGNED AND ON FILE
Jacob
C. Judson
In
the presents of:
Ileen
Shepard Mae
S. Judson
In
the presents of:
Frank Shepard
ORIGINALS
SIGNED AND ON FILE
STATE
OF MICHIGAN
ss
COUNTY
OF OAKLAND
On this 7th day of November, 1958, before me a Notary Public in and for said County. Personally appeared
Jacob C. Judson and Mea S. Judson, his wife, to we known to be the. Same persons described in and who acknowledged the within
certificate and declaration and who acknowledged the same to be their free act and deed.
ORIGINALS SIGNED AND ON FILE
Frank
K. Shepard
Notary
Public, Oakland County, Michigan
My Commission expires: August 22, 1961
ORIGINALS SIGNED AND ON FILE
LIBER 4262 PAGE 528
REVISED COVENANTS AND
RESTRICTIONS OF JUDSON
PARK SUBDIVISION
WHEREAS, Judson Park Subdivision, as recorded in Liber 85
of Plats, Page 2, Oakland County Records, was formerly subject to the building and use restrictions as contained in a certain
declaration of building and use restrictions recorded in Liber 3525, Page 72, Oakland County records, and
WHEREAS, it is deemed advisable at this time completely to
revise and replace the aforementioned building and use restrictions.
NOW, THEREFORE, we the undersigned, being
the owners of the respective lots in said subdivision as set opposite our names, do hereby adopt the following building and
use restrictions in the place and stead of the declaration of restrictions recorded in Liber 3525, Page 72, Oakland County
Records.
1.
All lots in said subdivision shall be used for residence only. No building other than a single family dwelling, not
to exceed two (2) stories in height and a private garage for not more than three (3) cars, shall be erected, altered, placed
or, permitted on any one lot.
2.
No outbuildings of any kind or nature shall be erected, altered, placed or permitted on any lot in said subdivision
except: (a) One private garage for not more than three (3) cars which must meet the specifications set forth in provision
eleven (11) and (b) structures for housing equipment or directly related facilities for a swimming pool. Said structures must
comprise a part of or be contained within fence enclosing said swimming pool and must meet the specification set forth in
provision 11.
(a) Swimming
pools must comply with all state and local health regulations.
3.
A private garage building may be annexed to and be part of the dwelling house, or, may be erected on the rear one-half
(1/2) of any lot, but not less than 16 feet removed from the side boundary line, nor six (6) feet from the rear boundary
line.
4.
No dwelling, private garage or building previously used as a dwelling or previously occupied for any purposes whatsoever
shall be moved or placed on any lot in said subdivision.
5. One story dwellings shall have an area of not less than one thousand two hundred (1200) square feet of
floor space, exclusive of breezeways, porches, and/or garages. Two story dwellings shall have first floor area of not less
than one thousand (1000) square feet of floor space, exclusive of breezeways, porches and/or garages and the second floor
shall he no less than the first floor area.
One and a half story
dwellings shall have a first floor area of not less than eleven hundred (1100) square feet of floor space, exclusive of breezeways,
porches and/or garages. Multiple level homes shall have a ground floor area of not less than nine hundred (900) square feet
of floor space, exclusive of breezeways, porches and/or garages and o less than sixteen hundred square feet (1600) of total
heated living space.
6. No
building shall be erected, placed, altered or permitted closer than sixty (60) feet from the front lot lines, nor closer than
sixteen (16) feet from the side lot line.
7. The
exterior of all buildings erected on this subdivision shall he completed, including painting, within six (6) months from
date of commencement of construction. No building shall be occupied as a residence until the exterior of the dwelling has
been completed and until the sewage and sanitary specifications have been complied with as stipulated in Provision 8. All
excavation or other piles of earth, sand or gravel shall be leveled to "rough grade" standard within nine (9) months from
start of construction.
8.
No privy-vault or outhouse shall be used, maintained or permitted on the premises, but in place thereof, the granters
or occupant shall, at their own expense, install septic tanks and flush toilets of a type, size and design approved by the
Health Department of the State of Michigan. No cesspool, septic tank or drain from septic tank, shall be installed
nearer than Ten feet from the side boundary line of any lot. Provided, however, that where drainage is insufficient
a “dry hole” shall be constructed or established in addition to the septic tank.
9. All culverts installed on roads shall be approved by the Oakland County Road Commission, both as to size
and installation.
10. All dwellings erected on said premises shall be placed on cement foundations, or equivalent, in compliance
with Standard building practices and codes of the State of Michigan and ordinances of the Township of Avon.
11. The exterior sidewalls of all dwellings and other buildings erected in said subdivision shall be constructed
of now standard and approved materials, including brick, stone or standard wood siding. No outside siding, however, with an
asphalt or celotex base shall be used either in original construction or in repair. Roofs of all buildings shall he covered
with shingles of asphalt, asbestos, slate or wood and no roll roofing shall be used except under said shingles. If pitch of
said roof make said shingles unusable, said roof shall be built of hot tar construction and gravel or chip stone covered.
12. No house trailer or other type of temporary dwelling shall be, at any time, placed or permitted within
said subdivision.
13. No poster, billboard or other advertising shall erected or displayed on any lot or lots in the Subdivision
other than those displayed by the Subdivider in the sale of the property, provided, however, this paragraph shall not
prevent any lot owner from placing or having placed on his own premises a "For Sale" sign.
14. No walls or fences except a retaining wall used to retain dirt not to exceed ground level shall be installed
between the front of the house and the street. No fences, except picket, post and rail, new woven wire or lattice fences shall
be-erected upon any portion of any lot in said Subdivision. No fence, in any event, shall exceed five (5’) feet in height.
15. No junk, abandoned automobi1es, nor anything be allowed, in-this subdivision which may become an annoyance
or nuisance to the neighborhood. No refuse or other unsightly or objectionable features shall be allowed on any of said lots
unless the same shall be properly concealed. Gas, oil or storage tanks of any description shall be placed underground or otherwise
out of site.
16. An easement is hereby, reserved over each lot in the subdivision for the installation and maintenance of
utility services and drains.
17. The use of all lots shall be subject to all effective provisions
of existing zoning and restrictive ordinances and such as may hereafter be enacted by governmental authority.
18.
No animals, livestock, fowl shall be maintained or kept on the premises. House pets, except on a commercial baste are
to be permitted. The term “house pets” as used herein shall not include any tamed wild animals such as cheetahs,
foxes, or such other animals normally found in a wild state.
19.
If the parties hereto or the survivors of any of thus, or their hairs, assignees, shall violate or attempt to violate
any of the covenants and conditions herein, it shall be lawful for any other persons having title to any real property situated
in said plat or any association of lot owners in said subdivision, to prosecute any Proceedings at law or in equity against
the person or persons violating or attempting to violate any such covenants or conditions and to prevent him or them from
such violations or to recover damages for same.
20. Saving clauses: Nothing in the foregoing revised restrictions shall be construed to have the effect of
waiving, approving or releasing any existing violations of the former building and use restrictions heretofore imposed upon
any lot in this subdivision, and the adoption of this within revised restrictions shall not prevent any action taken or to
be taken to abate or enjoin any such existing violations.
21. The foregoing building and use restrictions may be amended at any time by the approval
in writing of two-thirds (2/3) of the lot owners in said subdivision.
22. The invalidation of any of these covenants, conditions, limitations or restrictions by virtue
of any Judgment or Court Order shall in no wise affect any of the other conditions, limitations, restrictions, herein contained
and they shall remain in full force and affect.
ORIGINAL DOCUMENTS WERE SIGNED AND ORIGINALS ARE ON FILE WITH OAKLAND COUNTY RECORDS
LIBER 4262 PAGE
528
STATE
OF MICHIGAN )
) SS
COUNTY
OF OAKLAND)
On this 9th day of Sept. in the year 1961 before me, a Notary Public, in and for said County,
personally appeared:
Calvin
F. King, Frances S. King, Clayland M. WaItE, Mary E. Waite, Lee D. Johnson, Phyllis M. Johnson, Mrs T. P. Burns,
R. H. James, Wanda J. James, H. G. Hummel, Thelma I. Hummel, A. Roy Winship,
Lee Winship, Ralph L. Donaldson3 Carol. H. Donaldson, Leo J. Pawloski, Madeline Pawloski, Olive M. Robhols, William
1. Rebhols, William F. Steele, Lillian Steele, Donald J. Steele, Ella J• Steele, Owen A. Roettger, Freda A. Roettger,
Mary A. Hardy, George A. Hardy, Shirley E. Maine, Robert J. Main., William W. Cooper, Marie E. Cooper, Gladys M. Kerns, Oliver
R. Kerns, Dean Evanson, Marlene Evanson, Charles L. Dwyer, Dolores H. Dwyer, Marion K. Mackay, John D. Mackay, Aurolia Rudd,
F. W. Rudd, Frank M. Cassel, Maud Cassel, Maxine Smith, Harry Smith, Grace S. Ross, Karl J. Ross, Jr.. Howard L. Krauth, Gwendoline
J. Krautb, Helen De Vries, Henry V. De Vries, John C. Clouttier, Frances N. Clouttier, William J. Knisely, Carolyn H. Knisely,
Betty J. Brown, Thomas M. Brown, Jr., Elda M. Parrott, John H. Patterson, Louise J. Patterson, Alfred P. Bohn, Gertrude L.
Bohn, Mary L. Kaufeld, James C. Kaufeld, Courtney R. Clara, Ellamay G. Clara, Donald J. Campbell, Alice Campbell, Pearl Douglas,
Andrew A. Douglas, Ralph E. Kreutsiger, Grace L. Kreutsiger, Myron Lockhart, Marjorie Lockhart, Evelyn L. Swistoski, Chester T. Swistoski, Doris E. Kreager, Norman J. Kreager, Eileen M. Killinger, John J. Killinger,
Anne W. Wattersdorf, Robert G. Wattersdorf, Barbara Kauffmann, Robert Kauffmann, Yvonne Hamill, Harry A. Hamill, Jr., Dorothy
A. Dils, Francis C. Dils, Merle A. Childers, Joyce Childers, Harold H. Day,
Jacqueline D. Day, Cyril W. Pelican, Mary Owen Peligan, Robert L. Sowter, Joyce A. Sowter, Fred Switzer, Bernice Switzer,
Ralph Clara, Milda Clara, Glen Thompson, Nelda W.. Thompson, Helen E. Lennon, Blake Lennon, Edward F. Koslowski, Lillian Koslowski,
John Mick, Bea Mick, William Potrafke, Valerie Potrafke, Lester D. Ballogh, Doris Ballogh, A. F. Crump, Luci1le E. Crump,
Gordon L. Hobbs, Minnie M. Hobbs, Robert K. Lucas, Beth B. Lucas, Clyde Dunlop, Jr., Doris M. Dunlop, Henry Gebert, Lillian
Gebert, C. W. Letts, Phyllis I. Letts, Kenneth E. Culling, Agnes Culling, Arnold
J. Dexter, Frances Dexter, Rose Elmer, William Elmer, Prank Reneaud, Edith Reneaud, Raymond J. Symons, and Patricia A. Symons,
to me. known to be the same persons described in and who executed the within instrument, who then acknowledged the same to
be their free act and deed.
Donald
J. Steele
Notary
Public, Oakland County, Mich.
My Commission Expires Sept. 6, 1965
Original
Copy Signed and is on file at
Oakland
County Records
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