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57153

lIBER 9458 PAGE 132 03/29/2000 02:07:53 P.M. "ACO~B COUNTY ~I



CAR"EllA SABA~GH, REG/DEEDS

DECLARATION OF RESTRICTIONS FOR FLOOD PLAIN REQUIREMENTS FOR HICKORY CREEK SUBDIVISION NO. 2

This Declaration of Restrictions for Flood Plain Requirements (" Declaration"), made as of the 17th day of

__ ~rch , 2000, by G.T.R. Builders, Inc., a Michigan

corporation, whose address is 44899 Centre Court, Clinton Township, Michigan 48038 ("Grantor"), is based upon the following:

A. Declarant is the owner of and has developed a certain parcel of land located in Macomb Township, Macomb County, Michigan, as a single-family residential development, being more particularly described as:

Lots 65 through 87, both inclusive, Hickory Creek SubdiviSi~q(NO. 2, according to the Plat th;reof recorded in Liber

/ , Pages c;;2 I through ~ ,of Plats, Macomb

County Records (the "Subdivision").

B. Declarant desires to impose and subject the Subdivision to certain restrictions as hereinafter set forth.

c. It is the purpose and intention of this Declaration that all of the Lots shall be conveyed by Declarant subject to the covenants and restrictions set forth in this Declaration.

NOW, therefore, Declarant hereby publishes, declares, and makes known to all intending purchasers and future owners of the Lots within the Subdivision, that the Subdivision, and all of the Lots therein, will and shall be used, held occupied, sold, and conveyed expressly subject to the following conditions, restrictions, covenants, and agreements, which shall be incorporated by reference in all deeds of conveyance and contracts for the sale of any of the Lots, and which shall run with the land (the Subdivision and all of the Lots therein) and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Subdivision, or any part thereof, and their heirs, personal representatives, successors, and assigns, and on all grantees of all individual Lots in the Subdivision and on their respective heirs, personal representatives, successors, and assigns for the time qnd in the manner speGified herein.

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LL. .• 9458 PAGE 133

ARTICLE I

FLOOD PLAIN REQUIREMENTS

section 1. Floodplain Restrictions for Lots 6S through 70, ~nclusive, and 73 through 84, inclusive. Lots 65 through 70, inclusive, and 73 through 84, inclusive, of the plat of Hickory Creek Subdivision No. 2 abut the floodplain area of the Conklin Drain as established by the Michigan Department of Environmental Quality. The lOO-year flood elevation of Conklin Drain affecting Hickory Creek Subdivision No.2 is (599.4 N.G.V. Datum) at the downstream property limits to 599.8 3t the upstream limits, as shown on the plat.

(a) No filling or occupation of the floodplain area shall take place without prior written approval from the Michigan Department of Environmental Quality.

(b) Any building used or capable of being used for residential purposes and occupancy within or affected by the floodplain shall:

(1) Have lower floors, excluding basements, not lower than the elevation defining the floodplain limits.

(2) Have openings into the basement not lower than the elevation defining the floodplain limits.

(3) Have basement walls and floors, below the elevation defining the floodplain limits, watertight and designed to withstand hydrostatic pressures from a water level equal to the elevation of the contour defining the floodplain limits following methods and procedures outlined in Chapter 5, type A construction and Chapter 6 for class 1 loads found in "Floodproofing Regulations" EP 1165 2 3J.4 prepared by the Office of the Chief of Engineers, u.S. Army, Washington D.C., June, 1972.

(4) Be equipped with a positive means of preventing sewer back up from sewer lines and drains which serve the building.

(5) Be properly anchored to prevent flotation.

(c) The floodplain restrictions contained herein are to be observed in perpetuity, are excluded from any time limitations set forth in the Declaration and may not be amended.

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LIBER 9458 PAGE 134

,"

section 2. Floodplain Restrictions ~or Lots 72, 75, and 79 through 86, inclusive. A portion of Lots 72, 75, and 79 through 86,' inclusive, have areas which have been filled to bring those areas above the 100 year flood elevation. Any basement constructed on any portion of these Lots which was filled to bring that portion of the Lot above the 100 year flood elevation shall comply with 1 or more of the following:

(a) The lowest floor, including the basement, will be constructed above the 100 year flood elevation.

(b) A licensed professional engineer schooled in the science of soil mechanics certifies that the building site has been filled with soil of a type and in a manner that hydrostatic pressures are not exerted upon the basement walls or floor while the watercourse is at or below the 100 year flood elevation, that the placement of the fill will prevent settling of the building or buckling of floors or walls and that the building is equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.

(c) A licensed professional engineer or architect certifies that the basement walls and floors are designed to be watertight and to withstand hydrostatic pressure from a water level equal to the 100 year flood elevation and that the building is properly anchored or weighted to prevent flotation and is equipped with a positive means of preventing sewer backup from sewer lines and drains that serve the building.

Dated this I~~ day of _~~Q~C~~==~ , 2000.

WITNESSES:

,

G.T.R. BUILDERS, INC., a Michiga corporation

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lIBER 9~58 PAGE 135

STATE OF MICHIGAN

)

) SSe )

COUNTY OF

. The fOregoing~nstrument was acknowledged before me this

. 1(Q4L day of o ... n .. k..- , 2000, by Gaetano T. Rizzo, the

President of G.T.R. Builders, Inc., a Michigan corporation, on behalf of it.

DE"-NNA M. MACEWAN Notary Publlc-St. Clair County, ...

Acting In Macomb Co., Mlch My Commission expire. 12/15/02

~ f)(__ O&a,['A.J.<k.

Notary Public

m a. ~O D1 t3 county Michigan

My Commission Expires: 1cJ..../t '5/02..,

DRAFTED BY AND WHEN RECORDED RETURN TO:

MARK J. ABDO ATTORNEY AT LAW 42550 Garfield Road suite 104A

Clinton Township, Michigan 48038

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lIBER 9~58 PAGE 13~

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CONSENT OF MORTGAGEE

The undersigned, community Central Bank, whose address is 100 North Main, Mt. Clemens, Michigan 48046, being the holder of a certain Mortgage covering Hickory Creek Subdivision No.2, hereby acknowledges and consents to the foregoing Declaration of Flood Plain Requirements for Hickory Creek Subdivision No.2.

COMMUNITY CENTRAL BANK

By:

COUNTY OF

) )ss. )

STATE OF MICHIGAN

Notary Public countYr Michigan Expires: I () ~ t 0 ~