DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
DEER RUN
A Subdivision in Reno County, Kansas
THIS DECLARATION is made this ________ day of ________________,
2007, by Monroe56th, L.L.C., a Kansas Limited Liability Company,
hereinafter referred to as “Declarant”.
W I T N E S S E T H:
WHEREAS, Declarant is the Owner of the following described real
property, to-wit:
Lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 and 12, Block A; and Lots 1, 2,
3, 4, 5, 6 and 7, Block B; together with a Reserve Area, all in Deer
Run, a subdivision in the Southwest Quarter (SW/4) of Section
Twenty-four (24), Township Twenty-two (22) South, Range Six (6) West
of the 6th P.M., Reno County, Kansas; and
WHEREAS, Declarant desires to establish binding covenants,
conditions and restrictions applicable to the Addition to ensure the
proper development and maintenance thereof and to secure the rights
of all property Owners in said Addition; and
WHEREAS, it is the purpose and intention of Declarant that all Lots
and the Reserve Area in the Addition shall be held and/or conveyed
subject to the covenants, conditions and restrictions as hereinafter
set forth;
NOW, THEREFORE, Declarant hereby submits the above-described real
property to the following covenants, conditions and restrictions
which shall run with the land and be binding on all parties having
any right, title or interest therein, together with their heirs,
successors, devisees and assigns. These covenants, conditions and
restrictions shall inure to the benefit of all such parties.
ARTICLE 1
ARCHITECTURAL CONTROL
Section 1.1 Architectural Control Committee. The Architectural
Control Committee (“Committee”) shall initially consist of one
member, to be appointed by Declarant. The initial appointee shall be
Brad Dillon, although Declarant may subsequently nominate other
individuals to serve on the Committee. Declarant must fully
relinquish its rights hereunder at such time as Declarant shall
cease to own any Lots in the Addition, although Declarant may
relinquish its rights or any portion thereof under this paragraph at
any prior time. Upon Declarant’s resignation from the Committee, the
Committee shall consist of three (3) owners of lots within the
subdivision, to be initially selected by Declarant for such terms as
are established by Declarant. Upon the death or resignation of any
member of the Committee, the remaining Committee members shall
appoint a successor. The act of a majority of the Committee shall be
binding, and the majority of the Committee may designate a
representative to act for it.
Section 1.2 Approval of Plans and Specifications. No residence,
building, wall, fence or other structure or improvement shall be
commenced, erected or maintained upon any Lot, nor shall any
exterior addition to or change or alteration therein or thereto be
made, until the plans and specifications showing the nature,
materials, and location of the same shall have been submitted to and
approved in writing as to harmony of external design, appearance and
location in relation to surrounding structures and topography by the
Committee. In connection therewith, the Committee is granted
authority to adopt written guidelines as an aid to determine whether
the necessary approval contemplated hereunder is withheld or
granted. Such guidelines shall be made available to any Owner or
prospective purchaser. Such guidelines may be altered, amended or
repealed by the action of a majority of the Committee. No Owner
shall have the right to enjoin such action by the Committee based
upon such Owner’s prior reliance upon existing guidelines. In the
event the Committee fails to approve or disapprove such design and
location within thirty (30) days after two sets of complete plans
and specifications have been submitted to and received by it,
approval will not be required and this Article will be deemed to
have been fully complied with.
Section 1.3 Form of Plans and Specifications. Such plans and
specifications shall be in such form and shall contain such
information as may be required by the Committee, but in any event
shall include plans showing elevations of all sides, and a site plan
of the Lot (including proposed front, rear and side setbacks) of all
structures, and the location thereof with reference to structures on
adjoining portions of the Lot, the location of all driveways on the
Lot, and the location of all water wells and septic systems, as
previously approved by Reno County.
Section 1.4 Retention of Approved Plans and Specifications. Upon
approval by the Committee of the plans and specifications submitted
hereunder, a copy of such plans and specifications, as approved,
shall be deposited for permanent record with the Committee, and a
copy of such plans and specifications bearing such approval, in
writing, shall be returned to the applicant submitting the same.
Section 1.5 Variance from Guidelines. The Committee may authorize
variance from compliance with any of the written guidelines then in
effect when circumstances such as topography, natural obstructions
or hardship may require. Any such variance must be authorized by the
Committee in writing. The granting of such variance shall not
operate to waive the written guidelines then in effect as to any Lot
other than the Lot for which the variance was granted.
Section 1.6 Right of Inspection. The Committee or any of its agents
may at any reasonable time or times upon reasonable advance notice
enter upon and inspect any Lot or any improvements thereon for the
purpose of ascertaining whether the maintenance of such Lot and the
maintenance, construction, or alteration of the improvements thereon
are in compliance with the provisions hereof; and neither the
Committee, nor any such agent, shall be deemed to have committed a
trespass or other wrongful act by reason of such entry or
inspection.
Section 1.7 Committee Disapproval-Declarant’s Option. In the event
any Owner fails to obtain the Committee’s written approval of
submitted plans and specifications for improvements to a Lot within
sixty (60) days from the date such plans were originally disapproved
in writing by the Committee, Declarant shall have the option of
repurchasing said Lot from the Owner for the purchase price paid by
said Owner. The option shall be exercised by Declarant giving Owner
written notice of its intention to exercise said option within
thirty (30) days of the date said option arises.
Section 1.8 Rental of Homes. Any owner of a lot who leases the
property shall be responsible for assuring compliance by his lessee
with all provisions of these covenants, and said owner shall be
jointly and severally liable for any violations by his lessee.
Section 1.9 Removal and Alteration of Structures.
(a) If a structure shall be altered, erected, placed or maintained
upon any Lot, or any new use commenced on any Lot, otherwise than in
accordance with plans and specifications approved by the Committee
pursuant to the provisions of this Article, such alteration,
erection, maintenance or use shall be deemed to have been undertaken
in violation of this Article and without the approval required
herein, and, upon written notice from the Committee, any such
structure so altered, erected, placed or maintained upon any Lot in
violation hereof shall be removed or re-altered, and any such use
shall be terminated, so as to extinguish such violation.
(b) If fifteen (15) days after the notice of such a violation, the
Owner of the Lot upon which such violation exists shall not have
taken reasonable steps toward the removal or termination of the
same, the Committee shall have the right, through its agents and
employees, to enter upon such Lot and to take such steps as may be
necessary to extinguish such violation, and the cost thereof shall
be a binding, personal obligation of such Owner.
Section 1.10 No Liability. Neither the Committee, nor any member,
agent, or employee thereof, shall be liable to any Owner or to any
person, firm, corporation or other entity for any damages arising
from the performance or nonperformance of any duties or functions
under this Article. Approval of plans by the Committee shall not be
deemed a representation that such plans comply with applicable
governmental ordinances and regulations, including zoning ordinances
and building codes.
Section 1.11 Right of Committee to Enforce Covenants. By the
acceptance of title, each Owner shall be held to vest in the
Committee the right and power in its own name to take and prosecute
all suits, legal, equitable, or otherwise, which may in the opinion
of the Committee be necessary or advisable for the enforcement of
these covenants. In the event that legal action is successfully
undertaken to enforce these covenants, the owner who is found to
have failed to comply with these covenants shall be personally
liable for reasonable costs and expenses incurred by the Committee,
including attorney’s fees. Said costs and expenses shall constitute
a valid lien against the lot owned by any owner in violation hereof.
Such lien may be enforced by recording a lien statement with the
Reno County Register of Deeds, and any lien so recorded may be
foreclosed in any manner provided for the foreclosure of mortgages
in the State of Kansas.
ARTICLE 2
GENERAL COVENANTS AND RESTRICTIONS
Section 2.1 Structures; Division of Lots; Utilities. Without the
prior written approval of the Committee:
(a) No previously approved structure shall be used for any purpose
other than that for which it was originally designed.
(b) No used or previously constructed residence, trailer, mobile
home, pre-manufactured home, or building of any kind shall be moved
or placed, either in sections or as a whole, upon a Lot.
(c) No Lot shall be split, divided, or subdivided for sale, resale,
gift, transfer or otherwise, without the prior written approval of
the Committee.
(d) No automobile, motor home, truck, motorcycle, motorbike, boat,
house trailer, boat trailer, transport trailer or any other vehicle
of any type or description may be stored upon a residential street.
The Committee, after reasonable notice to the appropriate party, is
authorized to have any such stored vehicle removed from a
residential street and the cost of removal and storage thereof shall
be borne by the registered owner of such vehicle.
(e) The minimum square footage requirement for each residence is one
thousand four hundred (1,400) square feet finished living space. The
basement area, including any so-called “walk-out basement”, and
garage area, shall be disregarded in computing such square footage.
(f) Residences shall be faced on all sides with quality materials,
such as brick, wood, stone or stucco (including dryvit). Siding,
such as fiber cement siding, metal, or vinyl siding shall be
permitted. No exposed concrete block walls are permitted.
(g) Any detached garages or other out-buildings shall contain side
walls of 12 feet or less, and may not exceed in square footage 200%
of the finished square footage of the residence, excluding the
basement and garage area. Detached garages and outbuildings may not
serve as a residence, and may not be constructed unless the
accompanying residence is also completed or under construction.
(h) No driveways may exit from any lot onto a street that is not
located within the boundaries of the subdivision.
(i) Once commenced, construction will be diligently pursued to
completion and may not be left in a partially finished condition for
more than 30 days without written approval of the Committee.
(j) All electrical, telephone and other utility lines shall be
located underground. Satellite dishes of 36” diameter or less may be
erected.
Section 2.2 Animals. No birds, reptiles, animals or fowl shall be
kept or maintained on any Lot unless confined at all times within
the house or outbuildings. Under no circumstances shall any
commercial or agricultural business enterprise involving the use of
animals be conducted on any Lot without the express written consent
of the Committee. The Committee may, from time to time, publish and
impose reasonable regulations setting forth the type and number of
animals that may be kept on any Lot. Horses may be kept only if one
acre of land is available to each horse. No domestic pets shall be
allowed to run free so as to create a nuisance within the
subdivision.
Section 2.3 Temporary Buildings. No temporary building, trailer,
garage, basement, tent, outbuilding, or building in the course of
construction shall be used temporarily or permanently as a residence
on any Lot.
Section 2.4 No Storage; Trash. No lumber, metals, bulk materials,
refuse or trash shall be kept, stored, or allowed to accumulate on
any Lot, except building materials may be stored on a Lot during the
course of construction of any approved structure. No garbage, trash,
Christmas trees, brush, solid materials, chemical compounds,
fertilizer or other refuse shall be disposed of on any part of the
Reserve Area.
Section 2.5 Noxious, Dangerous and Offensive Activities Prohibited.
No noxious, dangerous or offensive activity or thing shall be
carried on or permitted, nor shall anything be done which may be or
may become an annoyance or nuisance to the neighborhood.
Section 2.6 Home Professions and Industries. A profession, business
or home industry may be conducted only within a residence or
out-building. No such profession or home industry shall be
permitted, however, unless it is considered by the Committee to be
compatible with a residential neighborhood. The Committee must
approve the size and location of any signs intended to advertise
such business activity.
Section 2.7 Drainage. No Owner may interfere with or obstruct the
drainage pattern over the Addition from or to any other Lot as may
be established by Reno County or Declarant.
Section 2.8 Restrictions Not Exclusive. The restrictions contained
in this Declaration shall not be taken as permitting any action or
thing prohibited by the applicable zoning laws, or the laws, rules
or regulations of any governmental authority, or by specific
restrictions imposed by any deed or lease. In the event of any
conflict, the most restrictive provision of such laws, rules,
regulations, deeds, leases, or this Declaration shall be taken to
govern and control.
ARTICLE 3
DURATION
Section 3.1 Covenants Running With the Land. The covenants,
conditions and restrictions of this Declaration shall run with and
be binding on the land subject hereto for a term of twenty-five (25)
years from the date this Declaration is recorded, after which time
they shall be automatically extended for successive periods of ten
(10) years each.
ARTICLE 4
AMENDMENT
Section 4.1 Procedure. This Declaration may be amended by an
instrument executed by the Owners of not less than sixty percent
(60%) of the Lots in the Addition. Such amendment shall become
effective upon its recordation in the office of the Register of
Deeds of Reno County, Kansas.
ARTICLE 5
MISCELLANEOUS
Section 5.1 Successors and Assigns. Any reference in this
Declaration to Declarant will include any successor or assigns of
Declarant’s rights and powers granted hereunder.
Section 5.2 Severability. Invalidation of any one of these
covenants, conditions or restrictions by judgment or court order
shall in no way affect any other provision of this Declaration.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of
this ______ day of ___________________, 2007.
MONROE56TH, L.L.C.
By:
Bradley D. Dillon, Managing Member
ACKNOWLEDGMENT
STATE OF KANSAS )
) ss:
COUNTY OF RENO )
The foregoing instrument was acknowledged before me this ______ day
of _______________, 2007, by Bradley D. Dillon, managing member of
Monroe56th, L.L.C., a Kansas liability company, who executed the
foregoing on behalf of said entity, being authorized so to do, for
the purpose therein contained.
Notary Public
My Appointment Expires:
