NO. 1, 2, 3, & 4, City of Dearborn, Wayne County, Michigan:

      I (We) the undersigned support the Third Amendment to Restrictions:

 Property address:
 Owner Signature:                                          Co-owner Signature:
 Printed Name:                                             Co-owner Printed Name:

       Not sure of your lot number? Leave this blank and SPA
       will insert the LOT and SUBDIVISION numbers as they
       show on original plat.

                                                                                               For SPA use only
                                                                                       Page            of

      If only one signature on this form, please complete the following:

      I am the only owner of record.      Yes

      Return top half if you support Amendment 3

      Return bottom half if you do not support Amendment 3

      I (We) the undersigned do not support the Third Amendment to Restrictions:

 Property address:
 Owner Signature:                                       Co-owner Signature:
 Printed Name:                                          Co-owner Printed Name:

Please feel free to comment on sections or language that you do not support (use back if necessary):

                       Frequently Asked Questions on Deed Restrictions
What are Deed Restrictions?
Restrictions placed within a deed that controls the use of the property. Restrictions travel
with the deed, and cannot generally be removed by new owners. In 1939, the Ford
Foundation, developed and recorded a Declaration of Restrictions for the use of property
in Springwells Park. As lots were sold, each lot carried with it these restrictions. Today,
each home is on a lot that carries with it these restrictions along with amendments to the
original restrictions. While litigation is exceedingly rare, Deed Restrictions are legally

Why are Deed Restrictions Important to Springwells Park?
Deed restrictions serve to preserve the consistency and integrity of our neighborhood. As
such they play an important role in maintaining real estate values.

If I don’t pay my SPA Dues, am I still obligated to adhere to Deed Restrictions?
Yes. Our Deed Restrictions apply to all properties in Springwells Park independent of
the property owner‟s participation in the Springwells Park Association.

I’ve already signed the petition. Do I need to sign again?
No. However, for some properties we only have a signature of one of the two owners. In
this case, we ask that both owners sign the petition on page 23.

Have the Deed Restrictions changed over time?
Yes. The original 1939 restrictions remained in force until December 31, 1980. They
could then be extended for additional periods upon recording the extension by way of an
agreement signed by 60% or more of the land owners. In 1980 and 1990, revisions were
made to the Deed Restrictions and then filed with the county.

If we do not receive a majority of homeowner signatures will the Deed Restrictions
No. The 1990 revision states that Deed Restrictions “automatically” extends for
successive 10 year periods unless changed by a “majority” of the homeowners by way of

Why is SPA sending out a ballot form petition now?
Several homeowners told us they would like to sign the petition but could not on the date
we specified. This process makes it easy for all property owners to have the opportunity
to sign the amendment petition if they so choose.

If there is more than one homeowner, do you need both signatures on the ballot
form petition?

I am a renter, what should I do with this information?
Please give all the information pertaining to deed restrictions along with the form to sign
to the owner of the property you rent.

Can you tell me in simple terms what Amendment 3 is and why we need it?
Amendment 3 adds specific wording to help ensure that the SPA Restrictions Chair will
not use his/her own interpretation of the Deed Restrictions. The revision addresses new
technology and trends currently seen in many Dearborn neighborhoods. For example, it
is more specific regarding satellite dishes, tool storage units and ensuring that placement
of permanent generators, A/C units and high wattage security lights. It addresses the use
of pavers versus concrete and the size and harmony of expansions and remodeling
projects. These updates will help a homeowner to understand what types of property
changes are allowable.

Why do we need the statement in Section 6 regarding the appearance of a property
from the street running in front of a home?
Over the years, homeowners have expressed concern about what is on front porches or in
front yards. The Deed Restriction Chair and members of the Board have fielded calls
about high powered dusk-to-dawn flood lights, white plastic or banquet hall style chairs,
large statuary, landscape lighting and satellite dishes. Section 6 has been revised in
response to homeowners who expressed concern over changes that distract from the
overall charm and style of this historic neighborhood. This broad statement continues to
allow a homeowner to exercise their own tastes within an extensive range of historic
American Colonial or Traditional options. While small statuary may not distract from
this charm, large or obscene statuary would be considered distracting. As such we would
request that a neighbor move such a statue out of their front yard. We might also ask a
neighbor to turn off intense or intrusive flood lights. We would not ask a neighbor to
remove a small pagoda, duck, or other such statue.

Will this empower the Association to make owners change anything they currently
have in place that consistent with the proposed deed restrictions?
Amendment 3 does not apply to existing elements, they are grandfathered.

What if I disagree with the SPA Restrictions Chair on a deed restriction issue, is
their word final?
No. If a property owner doesn‟t like the decision they receive from the SPA Restrictions
Chair, they can bring the issue to the full SPA Board for another decision. If the Board‟s
decision is still not satisfactory, a petition signed by the majority of lot owners in a
particular subdivision will overturn a Board decision.

Would the SPA be able come into my back yard and tell me how to landscape it?
No. You could adorn your back yard with any statue, fountain, landscape light, patio
furniture, yard art or tiki torch of your choosing. We do not want deed restrictions to
impede your personal style. But your personal style may not be the personal style of
those who drive by your house each day which is why we are asking that you keep your
front yard consistent with the Traditional or American Colonial charm of the

Could the new deed restrictions really dictate what can be seen inside my house
from the street?
No. Deed restrictions do not apply to the inside of your house.

What is all this Self-Help stuff about? Frankly it sounds pretty scary.
Self-help, as a remedy for deed restriction violations, has been available for use by SPA
(or anyone with an interest) since 1939. The new „Remedy‟ Section (#15) does not in
anyway increase the SPA Board‟s powers of enforcement. This is simply a clarification
of enforcement tools.

Then why is Section 15 about Self-Help & Remedies included in the new
Many homeowners were unaware that remedies have existed since 1939. This statement
is informative only and does not reflect any change in policy. In developing the 3rd
Amendment, our feedback indicated that homeowners want us to continue to be vigilant
regarding violations of deed restrictions. Therefore, we chose to make everyone aware of
remedies available to SPA.

Doesn’t Amendment 3 make SP a more contentious neighborhood in terms of deed
Restrictions violations will continue to be negotiated as they have always been. We felt
that having language that more clearly defines the restrictions & remedies should have
the opposite effect.

So what about Murphy’s Law? Seriously, couldn’t a future restrictions chair could
be over zealous?
We can‟t predict how Murphy‟s Law might affect a future restrictions chair but that is
what Variance Procedures (Section 14) are for. If at any time a homeowners doesn‟t like
the decision they receive they can bring the issue to the full board for discussion, review
and another opinion/decision. In fact, a petition signed by the majority of lot owners in a
particular subdivision can even overturn a board decision.

Why didn’t the SPA Board offer a public forum for questions and comment on
Amendment 3 as was done in 1990?
A public forum was planed for the annual meeting in June. However, Amendment 3 was
not complete at that time for distribution and review. Because the amendment was
created in a forum open to participation by any and all property owners, the decision was
made to move forward with a petition drive rather than wait until the September General

Amendment 3 requires approval by a majority of Springwells Park‟s approximately 500
homeowners and co-owners. SPA general meetings generally attract fewer than 50
people. Therefore, a public forum is not an efficient way to communicate details of the
deed restrictions to all property owners.

Isn’t some of the new language too general (or too specific)?
We‟ve heard concerns both ways. There are 403 homes in Springwells Park. Some are
with two different opinions in the same house. Finding the correct language to satisfy all
would be a challenge.

How was Amendment 3 created?
In a year long process of meetings that were advertised in the news letter and open to all
property owners by way of attendance, phone or email. The committee included a
practicing real estate attorney, past and present restrictions chairs, a building inspector
and other concerned homeowners. In addition to SPA Board input, the committee talked
to people who called over the last 3 years to see what changes they felt we should make
to our deed restrictions.

Why weren’t the specific changes proposed by Amendment 3 highlighted?
They should have been. The specific amendment 3 changes are highlighted below.

We can’t afford legal action, can we? Could we financially drain the Association?
It is estimated that over 90% of real estate claims are settled out of court. In Springwells
Park, the need for legal action has been exceptionally rare. Moreover, SPA runs quite
well with donated time and resources and we have some GREAT people willing to help
us out. As for concern that the Board will drain the treasury with lawsuits, there is a by-
law that prohibits the Association from spending more than half of its cash on hand
without the approval of SPA members.

Why are we changing the Deed Restrictions at this time? Was there a catalyst?
There was not any single catalyst. It is been 16 years since the last revision and many
homes in Springwells Park are changing hands. Up-to-date deed restrictions help
neighborhoods resist negative change and thus retain their property values. SPA must be
proactive doing what is necessary to preserve Springwells Park‟s historic designation.

Will SPA go door to door to solicit signatures?

Is Amendment 3 good for Springwells Park?
While no single document would be agreeable to all, even our staunchest objectors agree
that Amendment 3 has some merit. We the Board of Springwells Park believe that
Amendment 3 is good for Springwells Park, as do the many homeowners who have
already signed the Amendment 3 petition.

What should I do next?
If you have further legal questions regarding the proposed amendment, you can call
Therese Shaw. For general questions you can consult with Diana Watson or any SPA
Board Member or your Area Representative.

If you have made your decision on Amendment 3, fill out the petition form on page
22 and return it to SPA using the envelope provided. Regardless of your decision,
we would appreciate your feedback.

        Springwells Park Deed Restrictions with Amendment 3 Changes Highlighted

        The undersigned, being the owners of a majority of lots in all of the following

        SPRINGWELLS PARK SUBDIVISION NO. 1 of part of PC 52 and PC 312, City of
Dearborn, Wayne County, Michigan, according to the Plat of thereof recorded in Liber 66, Plats,
at Page 83, WCR;

        SPRINGWELLS PARK SUBDIVISION NO. 2 of part of Central Portion of PC 52 and
PC 312, City of Dearborn, Wayne County, Michigan, according to the Plat thereof recorded in
Liber 67 of Plats at Page 77, WCR;

        SPRINGWELLS PARK SUBDIVISION NO. 3 of part of Central Portion of PC 312 in
the City of Dearborn, Wayne County, Michigan, according to the Plat thereof recorded in Liber
68 of Plats at Page 46, WCR; and

         SPRINGWELLS PARK SUBDIVISION NO. 4 of Part of Private Claims 52 and 312,
City of Dearborn, Wayne County, Michigan, according to the Plat thereof recorded in Liber 68 of
Plats at Page 64, WCR;

        DO HEREBY AGREE, DECLARE AND AFFIRM that all the Restrictions as recorded

        Volume 5237, Page 290, WCR, as to SPRINGWELLS PARK SUBDIVISION NO. 1;

        Volume 5594, Page 182, WCR, as to SPRINGWELLS PARK SUBDIVISION NO. 2;

        Volume 5744, Page 450, WCR as to SPRINGWELLS PARK SUBDIVISION NO. 3;

        Volume 5796, Page 100, WCR, as to SPRINGWELLS PARK SUBDIVISION NO. 4;

        Liber 21033, Page 131, WCR, as to SPRINGWELLS PARK SUBDIVISIONS NO. 1, 2,
3 & 4, Amendment to Restrictions, recorded on December 17, 1980;

        Liber 24941, Page 160, WCR, as to SPRINGWELLS PARK SUBDIVISIONS NO. 1, 2,
3 & 4, Amendment to Restrictions, recorded on December 13, 1990;

These six (6) instruments referenced above shall hereinafter be referred to as the original
restrictions are and shall continue to be restrictions which shall run with the land, as to all of said
subdivisions, with the following changes:


All references and powers granted to the Ford Foundation in the original restrictions shall refer to
and be discharged by the Springwells Park Association, Inc., through its Restrictions and
Improvements Committee and Executive Committee.


The Restrictions and Improvement Committee of the Springwells Park Association, Inc.
(hereafter “the Association”) must give approval for new homes, additions to existing homes, and
other changes affecting the appearance of the exterior of the home. To avoid unnecessary delay
and to minimize cost to owner and builder, sketch plans should be submitted for tentative
approval to the Restrictions and Improvement Committee of the Association. In addition to
obtaining written approval from the Association, homeowners contemplating construction or
renovation must submit the necessary documents for a building permit to the City of Dearborn.
PERMIT. (A complete set of blueprints are then required by the Association and will remain in
the possession of the Association).


All architecture is to be of historic Colonial or Early American influence. Only these types of
homes can be built, but their range is considerable. Examples include Cape Cod, simple
Colonial, Saltbox, Georgian, and Dutch Colonial, and the minimal traditional ranch of the 1930 –
1950‟s time frame as defined in “A Field Guide to American Houses” by Virginia & Lee
McAlester. This includes additions which must be harmonious with the basic structure. All
renovations/additions shall be harmonious with the neighborhood in design and square footage.
No three story homes or third story habitable addition will be approved.


Acceptable are: (1) brick, (2) stone, (3) brick and frame, (4) stone and frame, (5) frame, and (6)
vinyl and aluminum siding. Materials will be evaluated particularly on their resemblance to
historic colonial materials. Samples of stone and brick veneer must be submitted for approval.
Beige brick and cement block are not acceptable exterior materials and will not be approved.
Brick used for additions shall be harmonious with the existing brick of the home. DUPLEX
EXTERIORS: Shall be in harmony with the neighborhood, and adjoining units shall be uniform
(the same) in color.


Installation of new or replacement windows requires written approval from the Restrictions and
Improvement Committee of the Association. Only windows broken up with horizontal and
vertical mounting bars on all four sides of the house are acceptable. Picture windows are not in
keeping with the historic Colonial or Early American design, and will not be approved.


On new homes and as additions to existing homes, plans for entrances and bays must be approved
by the Restrictions and Improvement Committee of the Association and the City of Dearborn as

The overall exterior appearance of a home and property, as seen from the street running in front
of the residence, shall maintain a traditional, historic Colonial or Early American look. This
includes landscape lights, porch furniture, and yard art and statuary.
Dusk-to-dawn outdoor security flood lights are prohibited unless approved by the Restrictions
and Improvement Committee of the Association. Placement of air conditioner units and
permanent generators require approval from the Restrictions and Improvement Committee of the


Acceptable materials: (1) Wood Shingles, (2) Slate, (3) Tile, (4) Copper, and (5) Composition
Shingles in black, brown, Colonial slate. Any other color must be dark and requires written
approval from the Restrictions and Improvement Committee of the Association. As to
composition shingles, the following minimum specifications are permissible:

                         NEW CONSTRUCTION                   REPLACEMENT ROOFS

Organic asphalt                   255 lbs. / sq.                    233 lbs. / sq.

Fiberglass asphalt                300 lbs. / sq.                    260 lbs. / sq.

Composition shingles or random pattern, simulating cedar shake, may be used provided they meet
the aforementioned weight restrictions. Roof venting is to be accomplished through the use of
ridge vents or the conventional vent system installed on the side of the roof not visible to the

Room additions to an existing dwelling must meet the “Replacement Roof” criteria and roofing
material shall match the color of any existing roof. DUPLEX ROOFS shall match the color of
the adjoining unit and/or garage.


Fence design and location must be submitted for approval by the Restrictions and Improvements
Committee of the Association as well as by the City of Dearborn. Fences are not to exceed four
feet (4‟) in height. Any style of privacy fence, chain link or any other wire type fencing will
NOT be approved. For homes that share a property line with the Springwells Park owned
“common parkways”, fences will not be permitted on the property line that is shared with
Springwells Park. Fences along common walks will be permitted with appropriate easements,
permits and approvals.

Prefabricated tool / garbage can storage units to a maximum of 7 foot wide by 7 ½ foot tall by 3
½ foot deep are permissible. This type of unit shall be placed as inconspicuously as possible
against a house or garage in the rear of the home so it is not visible from the street in front of the
residence. Sheds and accessory buildings, larger than defined dimensions, are not permitted.

Plans for decks, hot tubs, play structures as well as all additions to existing homes must be
submitted in accordance with Paragraph #2 entitled “Plans and Specifications; Building Permits.”


Paint schemes (basic color plus trim), must be in harmony with the existing subdivision exterior
paint schemes and in keeping with traditional historic Colonial paint schemes. Paint colors, other
than white or beige must be approved by the Restrictions and Improvements Committee of the
Association. The Association will use as a guide the Williamsburg Colonial color schemes.


No swimming pools are permitted, either above or in-ground. A removable wading pool
measuring 21 inches or less in depth is permissible.


The installation of satellite dishes must be approved in writing by the Restrictions and
Improvements Committee of the Association.

The satellite dish(es) must be located on the house or garage so that it is NOT visible from the
street running in front of the residence. The home owner should install the smallest unit(s)
available and have no more than 2 dishes per home.


New and replacement concrete requires approval from the Restrictions and Improvement
Committee of the Association and a permit from the City of Dearborn. Inter-locking brick
driveways, patios, and sidewalks require approval from the Restrictions and Improvement
Committee of the Association. Semi-circle or similar curved driveways will NOT be approved.


Maintenance of the construction area as well as removal of all debris is the obligation and
responsibility of contractor and the homeowner. Debris shall be removed on a timely basis.
Damage to the landscaping and yard shall be repaired in a timely fashion upon the completion of
any project.


A request for a variance from the aforementioned restrictions shall be submitted in writing (with
the proposed plans) by the property owner to the Restrictions and Improvements Committee of
the Association. The Restrictions and Improvements Committee shall issue a written
recommendation to the Executive Committee of the Association for consideration of the variance.
The Executive Committee shall schedule a variance hearing request within thirty (30) days of
submission of the written variance by the property owner to the Restrictions and Improvements

Reasonable notice of the variance hearing shall be given to all affected property owners as so
deemed by the Executive Committee. The property owner requesting the Variance and any other
property owners in the subdivisions may appear before the Executive Committee at the variance

A variance request shall be approved only upon affirmative vote of two-thirds (2/3) of the
Executive Committee members in attendance at the variance hearing. The failure to obtain an
affirmative two-thirds (2/3) of the Executive Committee shall constitute a denial of the variance
request. No vote shall be taken unless a quorum of the Executive Committee as established by
the by-laws of the Association is present at the variance hearing. The Executive Committee may
adjourn a variance hearing at its discretion should it not have a quorum present, require additional
information concerning the variance, or determine that notice shall be given to additional property
owners. A new variance hearing shall be held within fourteen (14) days of any adjournment.

The decision of the Executive Committee in all variance hearings shall be based upon what effect
approval of a variance will have on all subdivisions and its impact upon the general plan as found
in the original restrictions as well as the Third Amendment to Restrictions.

The decision of the Executive Committee shall become final after twenty-one (21) days, unless a
petition signed by a simple majority of lots in the specific subdivision where the property for
which the variance is being sought is filed with the Executive Committee within the twenty-one
(21) day time period, which shall have the effect of overriding the decision in whole or in part of
the Executive Committee. If such an override petition is timely filed, the Executive Committee,
upon verification of the petition signatures, shall receive the petition as the final decision of the
association at its next regularly scheduled meeting and such decision shall become effective when
so received.


The Association reserves the right to use any of the remedies available at law or equity to enforce
the provisions of this document, including, but not limited to, self help and injunctive relief, and
the costs of any action taken to enforce the provisions hereof, including reasonable attorney fees,
shall be a charge upon the property and evidenced by a claim of interest filed with the Wayne
County Register of Deeds.

In addition, if a violation is not remedied, the Association may file an Affidavit of Interest against
the property with the Wayne County Register of Deeds.

This section does not affect the right of any owner to enforce the deed restrictions.

restrictions or covenants of the original restrictions conflict with the provisions of this Third
Amendment to Restrictions, the provisions of this instrument shall control.

         IT IS FURTHER AGREED, DECLARED AND AFFIRMED that the extension of the
original restrictions, and the amendments set forth in this Third Amendment of Restrictions, shall
be effective from the date of recording this instrument with the Wayne County Register of Deeds,
such restrictions and covenants shall continue to run with the land and be effective until June 31,
2016, at which time such restrictions and covenants shall automatically extend for successive
periods of ten (10) years.

        IT IS FURTHER AGREED, DECLARED AND AFFIRMED that an agreement may
be entered into at any time by the owners of a majority of the lots in all of said subdivisions to
terminate or change said restrictions and covenants in whole or in part.


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