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Shawnee Shoals Neighborhood Association, Inc. |
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AMENDMENT TO THE PROTECTIVE RESTRICTIONS,
COVENANTS AND LIMITATIONS FOR
SHAWNEE SHAOLS NUMBER 3,
AN ADDITION IN KINDERHOOK TOWNSHIP,
BRANCH COUNTY, MICHIGAN |
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WHEREAS, Paragraph Number 17 of the Protective Restrictions, Covenants, and Limitations for Shawnee Shoals Number 3 which said restrictions are recorded in Branch County Register of Deeds Liber 406, pages 12-16, Liber 345, pages 801-810, provides that the record fee simple title owners of sixty percent (60%) of the lots in the said Shawnee Shoals may amend any of the restrictions, covenants and limitations for said Subdivision, excepting the provisions contained in Paragraph 18 thereof; and
WHEREAS, an amendment to the Protective Restrictions, Covenants and Limitations was recorded in the Branch county Register of Deeds Liber 510, pages 267-278 on March 3, 1988; and
WHEREAS, the individuals whose names are listed below, are the record fee simle title owners of not less than sixty percent (60%) of the lots in Shawnee Shoals Number 3 and desire to amend the Protective Restrictions, Covenants and Limitations therefor in the manner hereinafter appearing; and
NOW, THEREFORE, the undersigned do hereby consent and agree that the Protective Restrictions, Covenants and Limitations for Shawnee Shoals Nubmer 3 shall be amended as follows: |
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Paragraph 1 |
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Paragraph 2 |
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Paragraph 3 |
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Paragraph 4 |
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Paragraph 5 |
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Paragraph 6 |
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Paragraph 7 |
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Paragraph 8 |
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Paragraph 9 |
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Paragraph 10 |
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Paragraph 11 |
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Paragraph 12 |
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Paragraph 13 |
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Paragraph 14 |
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Paragraph 15 |
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Paragraph 16 |
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Paragraph 17 |
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Paragraph 18 |
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Floodplain as established by Department of Natural Resources, elevation 986.7, U.S.G.S datum. Any building used or capable of being used for residential puposes an occupancy within or affected by the floodplain shall: |
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(a) |
Have lower floors, excluding basements, a minimum of 1 foot higher than the elevation of the contour defining the floodplain limits. |
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(b) |
Have openings into the basement no lower than the elevation of the contour defining the floodplain limits. |
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(c) |
Have basement walls and floors, below the elevation of the contour defining the floodplain limits, watertight and reinforced to withstand hydrostatic pressures from a water level equal to the elevation of the contour defining the floodplain limits. |
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(d) |
Be equipped with a positive means of preventing sewer backup from sewer lines and drains which serve the building. |
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(e) |
Be properly anchored to prevent flotation. |
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(f) |
No filing or occupation of the floodplain area willbe allowed within the approval of the Deparment of Natural Resources. No work or structure below the ordinary high water mark will be allowed without a permit from the Department of Natural resources under Act 346, Michigan Public Acts of 1972. |
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(g) |
This restriction, designated paragraph 18, shall remian in effect in perpetuity and shall not be changed or amended. |
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Paragraph 19 |
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AFFIDAVIT |
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Notary |
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