DECLARATION OF BUILDING AND USE RESTRICTIONS
This Declaration is made the 23rd day of April 1984, by ZION LUTHERAN CHURCH RETIREMENT CENTER, INC., a Michigan corporation, of 1170 Earhart Road, Ann Arbor, Michigan 48105, hereinafter referred to as Owner.
ZION LUTHERAN CHURCH TERIREMENT CENTER, INC., is the record owner of land situated in the City of Ann Arbor, County of Washtenaw and State of Michigan, described as follows:
Beginning at the SW corner of the Section; thence N 0° 12 W 1256.42 feet; thence N 89° 47 E 50.00 feet; thence N 0° 13 W 500 feet; thence N 89° 47 E 25.00 feet; thence N 0° 13 W 108.84 feet; thence S 40° 43 E 805.55 feet; thence continuing along the arc of a circular curve concave to the SW, radius 3622.72 feet; subtended by a chord which bears S 28° 39 45 E 1513.02 feet; thence 86° 50 45 W 1321.09 feet along the S line of said Section to the Place of Beginning, being a part of the SW Ό of Said Section 24, containing 33.93 acres of land more or less.
100 North Fifth Avenue, Ann Arbor, Michigan, covering property described as:
Said property is currently subject to a Scenic Easement previously granted by Owner to the City of Ann Arbor, A Michigan municipal corporation, of
Beginning at the SW corner of the Section 24, T2S, R6E; thence 86° 50 45 E 1321.09 feet along the South line of said Section; thence continuing along the arc of a circular curve concave to the NE, radius 3622.72 feet; subtended by a chord which bears N 28 39 45 W 300 feet to a point on the easterly boundary of the parcel described below; thence westerly 1185 feet more or less, to a point on the westerly boundary of said parcel 350 feet North from the Point of Beginning; thence S 0° 13 E 350 feet to the Point of Beginning. Containing 8.5 acres, more or less.
Owner has requested that the City of Ann Arbor relinquish and vacate a portion of said Scenic Easement so that Owner could construct residential housing on the vacated portion. Owner wishes to retain the Scenic Easement over the balance of the Original Scenic Easement on a portion of the land described as follows:
Commencing at the Southwest corner of Section 24, T2S, R6E, City of Ann Arbor, Washtenaw County, Michigan, thence S 86° 50' 45' E 75.13 feet along the South line of said Section 24 to the east right of way line of Earhart Road for the POINT OF BEGINNING, thence N 0° 13' 00' W 160.28 feet along the east property line of Earhart Road; thence S 86° 50' 45' E 310.00 feet; thence S 68° 11' 48' E 187.63 feet; thence S 86° 50' 45' E 730.00 feet to the Southwesterly R.O.W. line of Highway US-23; thence Southeasterly 106.84 feet in the Southwesterly R.O.W. line of Highway US-23 along the arc of a circular curve concave to the Southwest, radius 3,662.72 feet, chord bearings S 17° 27' 14' E 106.84 feet to the South line of said Section 24; thence N 86° 50' 45' W 1,245.96 feet along the South line of Section 24 to the POINT OF BEGINNING. Being a part of the SW 1/4 of Section 24, T2S, R6E, containing 3.37 acres of land, more or less.
Exhibit A attached hereto is a Site Plan showing the northerly line of the original
Scenic Easement and the relocated northerly line for the new Conservation Easement that Owner is dedicating to the City of Ann Arbor. Exhibit B attached hereto is a detailed Site Plan for the area covered by the original Scenic Easement and showing the area on the southerly portion thereof to be granted o the City of Ann Arbor as a Conservation Easement. Exhibit C attached hereto shows the Site Sections labeled on Exhibit B for the new Conservation Easement to be granted to the City of Ann Arbor.
Certain residents of the City of Ann Arbor residing to the south of all the property heretofore described have expressed concerns with regard to the vacation of the Scenic Easement and its reduction in size. In response to these expressed concerns and in consideration of obtaining the approval for the reduction in the existing Scenic Easement from the persons expressing said concerns, the Owner hereby declares the following building and use restrictions as covenants binding upon the land which is the subject of the Conservations Easement affecting the 3.37 acres of land, more or less, described above:
1. No structures or improvements shall be built upon said land.
2. No activities shall be permitted upon said land which shall threaten the protection of the natural environmental system thereof or which shall interfere with or prevent scenic enjoyment of the land.
3. Any interest in the subject land shall be sold or granted only for a scenic, access or utility easement which does not substantially hinder the character of the open space land; provided, however, that these building and use restrictions shall not restrict conveyance of ownership of the land.
4. The rights and obligations of the Owner with regard to the land shall be subject to the provisions of the Planned Project Site Plan and resolution of approval by the City of Ann Arbor for the development, improvement and maintenance of the entire parcel of property owned by Owner and described above.
5. That the earth berms shown on Exhibit C shall be built at the start of the construction of the private drive to the north and tree plantings as shown on Exhibit C shall be made during the first available planting season and retained, but replacement if necessary, thereafter.
6. These building and use restrictions shall have effect from the date of execution henceforth in perpetuity.
7. The Owner agrees that it shall neither consent to nor request any relinquishment of these building and use restrictions under any applicable law.
8. These building and use restriction shall run with the title to the 3.37 acres of land described above and shall be binding upon the Owner and its successors, trustees and assigns and shall run to the benefit of the owners of condominium units 1014 through 1096, inclusive, Earhart Village Homes Condominium, according to the Master Deed thereof as recorded in the office of the Register of Deeds for Washtenaw County and designated as Washtenaw County Condominium Plan No. 11, and to the Earhart Village Homes Association, a Michigan non-profit corporation, of 835 Greenhills Drive, Ann Arbor, Michigan, and shall run with the land known as Earhart Village Homes Condominium.
IN WITNESS WHEREOF, the Owner has executed this Declaration of Building and Use Restrictions as of the date first above written.
SIGNED SEAL AND DELIVERED
ZION LUTHERAN CHURCH RETIREMENT CENTER, INC.,
IN THE PRESENCE OF a Michigan corporation
Judith Y. Somers By: Gertrude Huebner
John R. Hathaway
STATE OF MICHIGAN By: Ulrich W. Stoll
COUNTY OF WASHTENAW Its: Secretary
The foregoing instrument was acknowledged before me this 23rd day of April , 1984, by Gertrude Huebner and Ulrich W. Stoll, who are respectively the President and Secretary of ZION LUTHERAN RETIREMEMNT CENTER, INC., a Michigan corporation, on behalf of said corporation.
This Document Prepared By and
When Recorded Return to: Judith Y. Somers, Notary Public
Washtenaw County, Michigan
Karl R. Frankena My commission expires: 2/11/87
Conlin, Conlin McKenney & Philbrick
Ann Arbor, Michigan 48104