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HomeMy WebLinkAbout2002-068 - Amendments to the Final Subdivision Plat Submitted by Gate Woods Development LLCBILL NO. 2002-68 ORDINANCE NO. 2002-68 AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF RIVERSIDE, MISSOURI AND APPROVING AMENDMENTS TO ORDINANCE 2000-46, AS AMENDED BY ORDINANCE 2001-75 AND ORDINANCE 2001-83, AND THE FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN SUBMITTED BY GATE WOODS DEVELOPMENT, LLC WHEREAS, the Board of Aldermen of the City of Riverside, Missouri considered the application for zoning change, final subdivision plat and final development plan submitted by Gate Woods Development, LLC (the "Applicant") for a tract of land, a legal description of which is included in Exhibit A attached hereto (the "Property"), consisting of approximately 28 acres north of Northwest 50th Street and west of Gateway Drive to be developed as a Planned Development District as provided in Section 410.085 of the Municipal Code of the City of Riverside, and approved the zoning change, final subdivision plat and final development plan by Ordinance 2000-46; and WHEREAS, the Board of Aldermen of the City of Riverside, Missouri approved, by Ordinance 2001-75 and Ordinance 2001-83, amendments to the final subdivision plat and amendments to the Declaration of Covenants, Conditions and Restrictions, Gate Woods, approved by Ordinance 2000-46, which was a part of the final development plan of Gate Woods as submitted by the Applicant; and WHEREAS, the Planning and Zoning Commission of Riverside, Missouri (the "Commission"), at its meeting on March 14, 2002, held a public hearing regarding, and considered, the request of the Applicant to further amend the Planned District final subdivision plat and the final development plan approved by Ordinance 2000-46 and amended by Ordinance 2001-75 and Ordinance 2001-83; and WHEREAS, the Commission, subsequent to the public hearing on the request described above, recommended approval of the amendments on March 14, 2002; and WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, held a public hearing regarding, and considered, the amendments and the recommendation of the Commission at its meetings of March 19, 2002, April 16, 2002, Apri130, 2002, and further considered the amendments at its meetings on May 28, 2002, June 3, 2002 and June 11, 2002. NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri, that Ordinances 2000-46, 2001-75 and 2001-83 are amended and superceded by the following: Section 1. Subject to the conditions and restrictions set forth herein, the Board of Aldermen hereby approves as part of the Final Subdivision Plat and Final Development Plan for the Property the following variations for the Property from the requirements of the Municipal Code: The subdivision shall fully comply with all of the provisions and requirements of the Municipal Code of the City of Riverside, Missouri, Section 410.020, including the provisions of Section 410.020(C)(5) as amended by Ordinance 2002-36, and all other provisions of the Code applicable to an R-1 District; provided that the lot width at the set back building line may be less than eighty (80) feet for the following Lots: Phase I: Lots 1, 2, 7, 8, 9, 10, 12, 13, 14 and 15; Phase II: Lots 37, 38, 39, 40, 41 and 42. The lot widths at the set back building line on each and every lot in the subdivision must be as shown and depicted on the Final Plats approved herein and attached as Exhibit A and Exhibit B. Section 2. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves, as part of the Final Subdivision Plat and Final Development Plan for the Property, the Applicant's request for the following variations for the Property from the requirements of Municipal Code section 485.420: a. For streets with houses facing them: (1) Road right-of--way of forty feet, plus five foot utility easements on each side. (2) Twenty-eight foot wide streets. (3) "Lazy back" curbs and gutters, type CG-2, as specified in current APWA standards for "residential access streets." (4) Four foot sidewalks, two feet back from curbs, constructed with concrete. (5) All utilities (including fire plugs, street lights, signs) behind the sidewalk but within the utility easement. (No variances from full compliance with all applicable fire and safety codes.) (6) Mailboxes in conformance with U.S. Postal Service directions for the Property. b. For streets entering into the subdivision from Northwest 50th Street and Gateway Drive: (1) Road right-of--way of fifty feet. (2) Twenty-eight foot wide streets. (3) Type CG-1 curbs and gutters, as specified in current APWA standards for "residential local streets." (4) Five foot sidewalk five feet back from curbs on one side of the street only. Section 3. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves: The Applicant's proposed final subdivision plat, Gate Woods - 1st Plat ("Phase I") and preliminary subdivision plat, Gate Woods - 2nd Plat ("Phase II"), attached hereto as Exhibit A and Exhibit B, respectively. Before the Phase II plat is signed and recorded, the Applicant shall submit and obtain approval of a final subdivision plat substantially conforming to the preliminary plat; complete to the satisfaction of the Planning Commission and the Enforcement Officer, all the street, sanitary and other improvements on Phase II of the subdivision as required in the Municipal Code, specified in the Final Plat or the Final Development Plan, and approved by the Planning Commission, and dedicate the same to the City, free and clear of all liens and encumbrances on the Property and public improvements thus dedicated; comply with all other requirements in the Municipal Code including the maintenance bond required by Section S 10.01 OC; and comply with all other condition of this ordinance. 1:\CLIENTSWl492\00030VC0274340.DOC 'L The Phase I Final Plat and Phase II Final Plat shall include the following legend: "The Property described herein is subject to special terms, conditions and restrictions set forth in Ordinance 2002 -68 of the City of Riverside, Missouri." Section 4. Subject to the conditions and restrictions set forth herein, the Board of Aldermen approves the Applicant's final development plan (the "Final Development Plan") consisting of: a. Proposed Road, Grading and Storm Sewer Improvements, Sheets 1 - 13, dated January 23, 2000 (as amended pursuant to the last sentence of Section 8(b) of this ordinance); b. Utility Plan, Sheet 2, dated Mayl 1, 1999, last revised June 24, 1999; c. Grading Plan and Drainage Plan, Sheet 3, dated May 21, 1999 (as amended pursuant to the last sentence of Section 8(b) of this ordinance); d. Revised Landscape Concept Plan dated May 28, 2002; e Revised Declaration of Covenants, Conditions and Restrictions, Gate Woods, attached hereto as Exhibit D; and £ Covenant and Agreement dated March 23, 2000, providing for the improvement of 50th Street adjacent to the subject parcel, and amended June 11, 2002, to provide that Applicant's share of the costs of such construction is $58,500.00, attached hereto as Exhibit E. Section 5. The Applicant shall cause the following documents to be recorded immediately: a. Declaration of Covenants, Conditions and Restrictions, Gate Woods, attached hereto as Exhibit D; b. Covenant and Agreement dated March 23, 2000, and amended June 11, 2002, attached hereto as Exhibit E; c. Offer of Dedication dated March 23, 2000, attached hereto as Exhibit F; and d. Permanent Drainage Easement, attached hereto as Exhibit G. Section 6. Prior to commencement of any public improvement or infrastructure improvement, the Applicant shall provide the City a copy of the contract and a completion and performance bond from the contractor assuring completion of the public improvement or infrastructure improvement described in the contract. Section 7. Amended Phase I (including all related public improvements and infrastructure improvements) shall be completed no later than June 30, 2003. Amended Phase II (including all related public improvements and infrastructure improvements) shall be completed no later than June 30, 2005. Section 8. No building permit shall issue for any building, structure or improvement on the Property unless: 1:\CLIENTS\61492\00030VC0274340.DOC 3 (a) The building, structure or improvement conforms to the Final Development Plan, the Final Plat, the conditions of this ordinance, and all other provisions of the Municipal Code, except those for which a variance is expressly stated herein; (b) The applicant submits complete "as-built" plans of the Property certified by a licensed engineer (and with respect to the water feature only, an "as-built" survey prepared by a Professional Land Surveyor showing the size, depth, slopes, and size and location of inlet and outlet pipes, of the water feature) and satisfactory to the City Engineer, including flow and velocity calculations, demonstrating that all swales, weirs (if any) and other grading, structures or improvements related to storm water drainage and all swales, weirs (if any), grading, improvements and structures related to the water feature comply with all provisions of the Municipal Code, including section 510.010, as in effect on the effective date of this ordinance. The plans and survey shall demonstrate that all side slopes of the water feature are not steeper than 3 horizontal to 1 vertical and include rock at the water line, and shall include designs and specifications for all inlet and outlet structures. Upon approval by the City Engineer of the as- built plans and survey as meeting the requirements of this Section 8, the as-built plans and survey shall constitute amendments to the Road, Grading and Storm Sewer Improvements, Sheets 2, 4, 5, 6, and 9, and Grading and Drainage Plans approved as part of the Final Development Plan under Section 4 of this ordinance; (c) The Applicant has completed all corrective work described in the letter dated May 9, 2002, from Combs-Craig Engineering Corporation attached hereto as Exhibit H, and any additional work required by the amended grading and drainage plans approved pursuant to subsection (b) above; and (d) The Applicant submits copies of its Land Disturbance and NPDES Permits authorizing all work performed or to be performed. Section 9. No building permit shall issue for any residential unit in Phase I until the amended Phase I Final Plat is signed and recorded, or in Phase II until the amended Phase II Final Plat is signed and recorded. Section 10. The standard procedure for applying for and obtaining a building permit pursuant to Section 435.040 of the City Code will apply to the construction of all new homes to be built, or any applicable addition or remodeling of any home built and existing, on the Property; provided however, that no modular units as defined in section 405.070 of the Municipal Code shall be erected on the Property. Section 11. The Applicant shall comply with all other Municipal Code requirements, including without limitation, Chapter 215, Chapter 225 and Chapter 490, applicable to the Property. Section 12. 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R5'~l5' ~ I ~~II?J tB' 'd'I ,r'/6 'I,lt;~l-- I ~ _.., .~,n_ ~ ~ ~ ia~ ~~_~ ~ ~I ~~a .. .r~ ~w~~ I ii ~p~~ ~:J Ca ~ ~u~~ ~~~~ i .~~ ~ ~~ EXHIBIT "C" INTENTIONALLY OMITTED INDEX Pane Purpose 1 Article I Definitions 1-4 Article II Association 4 - 10 1 - Powers and Duties 4 - 7 2 - Membership 7 - 8 3-8 Board of Directors 9 - 10 Article III Assessments 10 - 14 Article IV Use of Funds 15 - 16 Article V Common Property 17 - 18 Article VI Design Review Committee 19 - 25 Article VII Easements 25 - 27 Article VIII General Restrictions 27 - 38 1 - Maintenance by Owner 27 2 - Structure Type 28 3 _ Landscape 29 4 - Building Location 30 5 - 34 Use Restrictions 30 - 37 35 - 37 Structural Limitations and Square Footage 37 - 38 Article IX Duration and Amendment 38 - 39 Article X Enforcement 39 - 44 Article XI Annexation of Property 44 - 45 Article XII Miscellaneous 45 - 48 REVISED Declaration of Covenants, Restrictions, Easements, Charges, Assessments and Liens for Gate Woods Subdivision This Declaration is made this day of 2002, by Gate Woods Development, L.L.C, a Missouri Limited Liability Company (hereinafter "Developer"). Whereas, the Developer is owner of certain land described in Exhibit A; and Whereas, the Developer is presently developing on said land and adjoining land as a Planned Residential Development to be known as "Gate Woods", dated August 8, 2001, which was filed in Platte County, Missouri, as Document No. 0014374, in Book 952, Page 81. Whereas, the Developer desires to provide for the preservation of the values and amenities in said Project and for the maintenance of certain common use azeas and easement areas, including any improvements located thereon; and, to this end, desires to subject the said land and Project to the covenants, restrictions, easements, chazges and liens hereinafter set forth; and Whereas, the Developer has deemed it desirable, for the efficient preservation of the values and amenities of said Project, to create an agency to which should be delegated and assigned all or some of the power of maintaining, administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and Whereas, the Developer intends to cause incorporation (under the laws of the State of Missouri) of a Missouri not-for-profit corporation for the purpose of exercising the functions herein described, such corporation to be known as "Gate Woods Homes Association, Inc." or such other similaz name as shall be available for use under law. Now Therefore, the Developer hereby declazesthat the land described in Exhibit A (as well as land which may be added thereto by annexation and/or expansion as hereinafter provided) shall be held, sold, used and conveyed subject to the following covenants, restrictions, easements, charges and liens, all of which are for the purpose of promoting the common good and general welfare of all Owners and thereby-enhancing and protecting the value, desirability and attractiveness of such land. These covenants, restrictions, easements, chazges and liens shall run with such land and with the title to such land and shall be binding on all parties having or acquiring any right, title or interest in such land or any part thereof, subject to the limitations herein provided, and shall inure to the benefit of each Owner, their heirs, grantees, distributees, personal representatives, successors and assigns, the Association and the Developer Article I Definitions The following terms, when used in this Declaration, or in any supplemental Declaration made effective against the Property according to law, shall have the following meanings (except as otherwise expressly provided or unless the context otherwise requires): Assessable Property. "Assessable Property" shall mean and refer to the Property, together with all permanent structural improvements thereon, except such part or parts thereof as may from time to time constitute "Non-assessable Property." In no event shall land owned by the Association or the Developer (prior to it being fully developed as lots ready for sale) be deemed Assessable Property. 2. Assessments. The term "Assessments" shall have the meaning specified in this Declaration and shall include Annual Assessments, Special Assessments, User Fees and all other charges levied specifically against particular Owners and/or their Lots pursuant hereto. 3. Association. "Association" shall mean the Gate Woods Homes Association, Inc., a Missouri not for profit corporation (or a similarly named corporation), to be concurrently or hereafter established. 4. Board. "Board" shall mean Board of Directors of the Association. 5. C~ "City" shall mean the City of Riverside, Missouri. 6. Common Properiv. "Common Property" shall mean and refer to any improved or unimproved real property, together with any Structures and personal property located thereon, in which the Association owns or holds an ownership or easement interest (or in which Developer otherwise makes available for use by Owners) or which is or may be available for the common use, benefit or enjoyment of the Owners (including landscaping, berm and/or monument sign easements shown on the plat of the Property or otherwise reserved), as such areas maybe designated from time to time by the Developer or the Board. Such interest or interests may include, without limitation, estates in fee, easements, leaseholds or licenses. Without limiting the foregoing, the Common Property shall include all (if any) landscaping berms and monument signs/sites, irrigation systems on Common Property, green spaces, landscaped areas, walking trails, recreational facilities, decorative streets lighting, lakes and storm water detention facilities, and monument signs adjacent to such streets. 2 7. Declaration. "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may from time to time be supplemented or amended in the manner prescribed herein. 8. Deed. "Deed" shall mean and refer to a deed, assignment or other recordable instrument conveying the fee simple title to a Lot or a recorded land sale contract, contract for deed or similaz instrument which requires the vendee to make periodic payments towards the purchase price for the purpose of eventually obtaining the fee simple title to a Lot. 9. Developer. "Developer" shall mean and refer to Gate Woods Development, L.L.C, a Missouri Limited Liability Company, and its successors and assigns (including a "New Developer" hereinafter defined). l0e Development Period. "Development Period" shall mean and refer to the period of time commencing upon the execution date hereof, and terminating upon the occurrence of the earlier of: (a) the 31st day of December, 2020, or (b) the date Developer ends the Development Period, in Developer's sole discretion, by written notice to the Board, or (c) the date on which Developer shall have sold, to a third person or entity, all Lots then constituting a part of the Property (including all [if any] land annexed to the Property pursuant hereto) to a person or entity other than a New Developer. Whensoever this Declaration confers rights and privileges on the Developer (such as, but not limited to, the giving or withholding consents and approvals or the pursuit of specified remedies in the event of a default or breach hereunder), such rights and privileges shall be of no further force or effect after expiration of the Development Period, notwithstanding any provision of this Declaration to the contrary. 11. Director. "Director" shall mean and refer to a director of the Boazd. 12. DRC. "DRC" shall mean and refer to the Design Review Committee. 13. Easement Area. "Easement Area" shall mean the real property described as an easement (or similaz land servitude) on any plat, plats or maps filed or to be filed for record by the Developer with respect to any part of the Property, and any real property from time to time (by recorded instrument) reserved for the easement purposes set within such instruments by Developer. Without limitation, the Easement Area includes drainage easements, berms monument signs, and areas appurtenant thereto as described on any plat or otherwise reserved. 14. Lot. "Lot" shall mean and refer to any plot or parcel of land, platted in a recorded plat as a numbered lot owned by Developer or described in a Deed granted from or by the Developer or any subsequent Owner, which Deed has been recorded in the Recorder of Deeds Office for Platte County, Missouri (but not including Common Property), together with all permanent structural improvements thereon. 15. Member. "Member" shall mean and refer to every person or entity holding membership in the Association, as provided herein 16. Non-assessable Pronerty. "Non-assessable Property" shall mean and refer to all land designated as Common Property, all portions of the Property owned by the Association, and all portions of the Property (whether or not platted) owned by Developer before it is developed and ready for initial sale. 17. Owner. "Owner" shall mean and refer to any person or entity holding record title to the fee interest of any Lot. "Owner" shall include a contract for deed buyer, but shall exclude a person having an interest merely as security for the performance of an obligation. 18. Plat. "Plat" shall mean and refer to a fmal subdivision plat filed and recorded with respect to or encompassing all or part of the Property. 19. Project. "Project" shall mean and refer to the development occumng at the Property which may sometimes be known as "Gate Woods" 20. Property. "Property" shall mean and refer to that certain real property described more particularly in Exhibit A attached hereto and made a part hereof, together with such Annexation Properly (hereinafter defined) as the Developer, at its option but without obligation, shall make subject to this Declaration pursuant hereto. 21. Restriction. "Restriction" shall mean and refer to any covenant, agreement, restriction, easement, charge, assessment, lien or other obligation created or imposed by this Declaration. 22. Structure. "Structure" shall mean and refer to: Any thing or object, house, building, (the placement, size, shape, color, height and quality of which upon any Lot may affect, in the opinion of the DRC, the appearance of such Lot) including by way of illustration and not limitation, any wall, fence, hedge, sign, single family residence, appurtenance, or any temporary or permanent improvement to such Lot: 4 Article II The Association Powers and Duties of the Association. The Association is organized to operate for the promotion of the common good and general welfare of the Owners and consistent therewith, to acquire, own, improve, maintain, preserve, convey and control the Common Property and Easement Areas (also including, without limitation, landscaping berms, landscape easements and monument signs and parcels appurtenant thereto), to administer and to enforce all covenants, restrictions, easements and charges contained in the Declaration and all liens created herein, and otherwise to promote the health, safety and general welfare of the people of said Project, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers (but not intended as affirmative obligations unless so stated) of the Association, including by way of illustration and not obligation, unless so stated, or limitation: a) Assessments. The Board may levy Assessments on the Owners of Assessable Property (but not the Owners of Non-assessable Property) and enforce payment of such Assessments, all in accordance with the provisions of this Declazation. b) Right of Enforcement. The Boazd shall also have the power and authority from time to time in its own name, on its own behalf or on behalf of the Developer or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Declazation and to enforce, by mandatory or prohibitive injunction or otherwise, all of the provisions hereof or to pursue any right, remedy or damages set forth in this Declaration. c) Programs. The Board may plan and implement community programs and conduct Association programs on or in Common Property. _- --- - d) Common Property. The Boazd may-, but shall-not be required to, plan, design, acquire, improve, construct on, lease and equip the Common Property and Easement Areas with, by way of example and not limitation or affirmative obligation, parks and other open space, trees, flowers, landscaping berms, other landscaped areas such as, monument signs for the Project or any part thereof, fountains, benches, shelters, sculpture, pedestrian pathways, ornamental walls, lighting systems for such pathways, decorative street and pathway lighting, bridges or underpasses for such pathways, retention basins, lakes, pools, office space, storage and maintenance buildings, garages and other buildings and facilities deemed necessary or desirable by the Board (collectively, the "Common Property Improvements" which may also be referred to herein as the Common Property). The Board may maintain, repair and 5 replace the Common Property Improvements, all as shall be determined to be necessary by the Board. The Board may convey and dedicate, to the City (in which the Common Property is located) and to the use and enjoyment of the general public, any of the Common Property, subject to the approval of, and the appropriate acceptance by, said City and the Developer. e) Easements and R~hts-of-Way. The Board may grant and convey easements and rights- ~of--way in, on, over or under the Common Property for the purposes of constructing, erecting, operating or maintaining thereon, therein or thereunder: i) overhead or underground lines, cables, wires, conduits or other devices for the transmission of electricity and for lighting, heating, power, telephone, community television, radio and audio antenna facilities and other purposes, ii) public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and iii) any similar public or quasi-public improvements or facilities as may be considered necessary for the common good of said Project. f) Employment of Agents. The Board may employ the services of any person or corporation as manager (herein, "Manager"), together with other employees (as may be directed and delegated by the Board), to manage, conduct, and perform the business, obligations and duties of the Association and may enter into contracts for such purpose. g) Insurance. The Board may obtain and keep in force such policies of insurance and surety bonds, as are necessary to adequately insure and protect the Common Property and the operations thereon and of the Association as deemed by the Boazd to be necessary and appropriate. h) Management of hn~rovements. The Boazd may manage and control, for its Members, all improvements within public rights of way and on the Common Property, provided that such management and control of such public right of way improvements shall at all times be subject to control and management by the City, the appropriate county and the State of Missouri. i) Landscape Maintenance. The Board may care for, spray, trim, protect, provide irrigation for, and replant, trees (if any) on the Common Property and Easement Areas on any Lot, if necessary, as determined in the sole judgment of the Board. 6 j) Maintenance of Vacant Property. The Board may mow, care for, maintain, and remove rubbish from vacant or unimproved Property and do any other things necessary or desirable in the judgment of the Board to keep any vacant and unimproved Property neat in appearance and in good order. k) Street Lighting. The Board may provide, in addition to public lighting, such lights as the Board may deem advisable on streets and sidewalks and on Common Property (after first obtaining any required permits and approval from the City to the extent such lighting is to be located on a public right of way and after first obtaining the written approval of the Developer). 1) Siens. The Boazd may erect and maintain signs (including one or more monument signs identifying the Project), other than Street signs which are within the exclusive control of the City, after such signs are approved in writing by the Developer (which approval may be withheld or conditioned in Developer's sole and absolute discretion). m) Security Protection. The Board may employ duly qualified officers for the purpose of providing such security protection as the Board may deem necessary or desirable in addition to the protection rendered by public authorities. n) Acquisition of Real Estate. The Board may acquire and own title to such real estate as may be reasonably necessary to carry out the purpose of the Association and promote the health, safety, and welfaze of Owners; pay taxes on real estate and facilities owned by it; and pay such taxes as may be assessed against the Common Property. 2. Membershin in the Association. a) Each Owner (notwithstanding the number of Lots owned) shall become a Member of the Association upon acquisition of a Lot (and shall remain so during such ownership) and such Owner shall specify in writing to the Boazd the name or names of the individual(s) who hold the Association membership and have the right to vote on behalf of such Member. Furthermore: i) If the sole Owner of a Lot is a natural person, only that person may be the Member. 7 ii) If the Owner of a Lot is or includes more than one natural person (such as a husband and wife), the Member may only be an individual who is one of those natural persons iii) If the Owner of a Lot is an artificial entity (such as a corporation, trust, limited liability company, limited partnership, limited liability partnership, general partnership, or the like), such artificial entity shall be the Member but the person who may vote on behalf of such Member must be duly authorized to do so by such artificial entity (and such artificial entity must provide the Board with such proof of due authorization, as the Board may require in its sole discretion, before such Member may vote). iv) Anything in this subsection to the contrary notwithstanding, where a Lot is owned of record in any manner of joint or common ownership between one or more individuals and/or artificial entities, the joint or common Owners thereof shall share the rights (including voting rights) given to an Owner pursuant to this Declaration which they shall be entitled to exercise as a whole, but not in part, in whatever manner they shall jointly and unanimously determine (but if they cannot agree upon how their vote shall be cast, such Member shall not be entitled to vote on the issue(s) upon which the disagreement exists). It shall be rebuttably presumed that any person or entity who is a joint or common Owner and who appears at a meeting for the purpose of voting for the Owner on a proposition shall have the right to vote that Membership unless at (or within 30 days before) such meeting, the Board is advised in writing by another co-owner that such person attempting to vote does not have the concurrence of his or her other co-owners. b) Each membership shall be entitled to one (I) vote for each Lot owned within the Property, provided however, until the end of the Development period, Developer shall be entitled to ten (10) votes for each Lot owned within the Property notwithstanding that Developer's Lots shall not be subject to payment of Assessments. i) Subject to the provisions of this Declaration, once a Member has been identified as an Owner, a successor Member may only be specified as such Owner upon prior notice to the Board. ii) A Membership shall not be transferred, pledged or alienated in any way, except as herein expressly provided. Subject to the provisions of this 8 Declaration, an Association Membership shall automatically be transferred to a new Owner upon the transfer of the Lot to which it appertains (and then only to such transferee), whether by sale, intestate succession, testamentary disposition, foreclosure of a mortgage, legal process transferring fee simple title to such Lot, or otherwise. 3. Board of Directors (Boardl. a) The powers of the Association shall be vested in, exercised by, and under the authority of, and the affairs of the Association shall be controlled by, a Board of Directors consisting of three (3) persons who, during the Development Period need not be Members but, after the Development Period, shall be Members. The Boazd, by a majority vote, shall exercise for and on behalf of the Association all powers, duties and authority vested in or delegated to the Association. Whensoever any provision of this Declaration requires or permits the "Association" to do or perform an act, such action shall be taken and authorized by the Board, without the necessity of first securing the consent of the Members (unless this Declaration specifically requires the performance of a specific act to be first approved by Members at a special or annual meeting) b) Directors shall be elected annually by the Members (cumulative voting for same shall not be permitted), shall be elected for one (1) year terms of office, and shall serve thereafter until their successors are elected and qualified. 4. Suspension of MembershiRand Rights of Enjovment. The Board may suspend the voting rights of Members (other than voting rights of Developer) and the rights of Members (other than Developer) who are entitled to enjoyment or use of the Common Property and the services offered thereon who: a) Are in default or breach of any provision hereof; or b) Have allowed any Assessment levied by the Association pursuant to this Declaration to become delinquent; or c) Have failed to pay any User Fee or charge levied by the Association when due and payable; or d) Have violated any rules and regulations adopted by the Board governing the use and enjoyment of the Common Property or services thereon. 9 5. Termination of Membership. No Owner (other than Developer) shall continue to be a Member after he ceases to hold a qualifying interest in any Lot. No Member may avoid his obligations under this Declaration by declining to use Common Property, abandoning his Lot, or by any other act of abandonment or renunciation. 6. Notice of Meetings and Referendums. Proper notice shall be given by the Board of all meetings of the Board at least ten (10) days (but not more than sixty (60) days) prior to the meeting date; and of all meetings of the Association Members, public hearings or referendums at least ten (10) days, but not more than sixty (60) days, prior to the hearing or referendum. The methods and procedures of such notice shall be determined by the Board in accordance with the By-Laws of the Association. 7. Limitation of Liability. Neither Developer nor any member of the Board, officer of the Association, or member of any committee of the Association (whether such committee is specifically described in this Declaration or hereafter created by the Association) shall be personally liable to any Owner, Member or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of Developer or such Board, officer of the Association, committee member, or any other representative or employee of the Association or of Developer, provided that such person has, upon the basis of such information as may be possessed by him, acted in subjective good faith, without willful or intentional misconduct. 8. Acknowledg_rnent of Developer's Control of the Association. All persons or entities who are now or hereafter subject to this Declaration shall be deemed to acknowledge and understand that Developer retains significant voting control over the Association (and the election of the Board of Directors) due to the fact that Developer is entitled to cast ten (10) votes for each Lot owned. Article III Imposition of Assessments and Liens Upon Property 1. Covenants for Assessments and Creation of Liens. Each Owner of Assessable Property, jointly and severally, for himself, his heirs, distributees, legal representatives, successors and assigns, by acceptance of a Deed or other conveyance for any Lot which is then Assessable Property, whether or not the covenants contained herein shall be expressed in any such Deed or other conveyance, hereby covenants and agrees that: a) He will pay to the Association all Assessments (as previously defined to include Annual Assessments, Special Assessments, and all other charges levied specifically against particular Owners and their Lots pursuant hereto) which may or to shall be levied by the Board against Assessable Property owned by him in each year or any part thereof; b) He shall be personally liable for all such Assessments which become due while he is the Owner of each Lot being assessed; c) All Assessments, together with the continuing obligation to pay Assessments assessed, levied or charged in all future years, together with all costs, expenses, interest and reasonable attorneys fees incurred in the collection of delinquencies, shall become, upon the filing of this Declaration, and remain a chazge against and be secured by a continuing lien upon the Assessable Property of such Owner (which lien shall be imposed and enforced in accordance with Article X hereof); and d. Said charge and lien shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon the Assessable Property whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instruments, excepting only: i) Purchase money mortgages or deeds of trust given to finance the purchase of the Lot subject to the mortgage or deed of trust or to finance initial construction of improvements on the Lot subject to the mortgage or deed of trust; provided, however, that this subordination to such mortgages shall apply only to assessments which have become due and payable prior to a sale or transfer of any Lot on account of the foreclosure of any such mortgage or on account of any other proceeding in lieu of foreclosure; such a sale or transfer at foreclosure or in lieu of foreclosure shall not release such Lot from the lien of or relieve the new Owner, his successors and assigns from liability for any Assessments thereafter becoming due; - ii) Such liens for taxes or other public charges as aze made superior by applicable law; provided, however, that this subordination to such liens shall apply only to Assessments which have become due and payable prior to a sale or transfer of any Lot on account of the foreclosure of any such tax/public charge lien or on account of any other proceeding in lieu of foreclosure such a sale or transfer at foreclosure or in lieu of foreclosure shall not release such Lot from the lien of or relieve the new Owner, his successors and assigns from any liability for any Assessments thereafter becoming due; and iii. Nothing contained in this Section shall be construed so as to constrain or impair the right of the Association to receive payment of surplus funds realized from a foreclosure sale, to the extent of any funds remaining after satisfaction of said prior liens. 2. Rate of Assessment. a) For the purpose of providing funds for the uses specified in this Declaration, the Board may annually assess against the Assessable Property (but not the Non- assessable Property), a charge (referred to herein as "Annual Assessment"), which shall be uniform as to each Lot which constitutes Assessable Property. The first Annual Assessment, however, shall not be less than $100.00 per Lot not owned by the Developer and only 50% of any such assessment on any developed Lot owned by the Developer. b) Each year, the Board shall endeavor to prepare and approve an annual cash budget projecting anticipated revenues, cash receipts, cash expenditures, and net cash, surplus or deficit for the ensuing fiscal year (the "Association Budget"). The fiscal year for the Association shall be the calendar year. Before approval of any Association Budget, however, the Board may (but shall not be required to) call a special meeting of the Members for the purpose of seeking input on same. Upon approval of any Association Budget by the Board, the Board shall set and levy the rate of Annual Assessment for the ensuing fiscal year, provided however, the Board may not increase the rate of Annual Assessment by more than twenty-five percent (25%) over the previous year's Annual Assessment unless fast approved at a special meeting of the Members (majority vote of a quorum at such Member's meeting prevails) called for such sole and exclusive purpose. 3. Billing of Annual Assessments. As soon as practicable after the Board shall establish the levy for Annual Assessment (which shall be payable in advance, rather than in arrears, with respect to each fiscal year), the Board shall send a written bill to each Owner stating the amount of the Annual Assessment imposed against each Lot which is Assessable Property owned by the Owner. Each Annual Assessment shall be due and payable not later than thirty (30) days after a bill for same is sent to the Owner at such Owner's last known address. Such billings, when so sent, shall be deemed "notices" within the meaning of this Declaration (and specifically the portions hereof which govern the method and effect of giving notices). 4. Commencement of Assessments. Each Lot constituting Assessable Property shall become subject to the Annual Assessment on the first to occur of: the date on which the residence on the Lot is first occupied for residency; or 18 months after the Developer shall have first 12 sold the Lot to an Owner. Such Annual Assessment shall be adjusted and prorated according to the number of full or partial quarters remaining in the fiscal year of the Association. 5. Late Payments. a) Interest shall accrue on unpaid Assessments (which are delinquent) at a rate of 10% per annum from the delinquency date until paid. b) In the event that an Owner shall fail to fully pay the Annual Assessment by the due date thereof, such unpaid amount shall become a binding personal obligation of such Owner, and the Board shall have the right, pursuant to the provisions of this Declaration (including, without limitation, Article X), to enforce the lien for the Annual Assessment as set forth in this Declaration. The Board shall have the right and duty to take all appropriate actions and steps to collect any such unpaid Annual Assessment. Each delinquency shall constitute a separate basis for a demand of claim of lien or liens, but any number of defaults may be included within a single demand or claim of lien or liens on account of prior delinquencies and shall be deemed to include subsequent delinquencies and amounts due on account thereof. The Board may institute a suit to recover a money judgment for the same, together with interest thereon and reasonable expenses of collection, including attorney's fees, without waiving its right to establish and cause foreclosure of its lien hereinbefore or hereafter provided. (. Certificate of Payment. Upon written demand by an Owner, the Board shall issue and furnish to such Owner, within a reasonable period of time, a written certificate stating that all Assessments, including interest and costs (if any), have been paid with respect to any specific Lot owned by said Owner as of the date of such certificate, or if all Assessments have not been paid, setting forth the amount then due and payable. The Board may make a reasonable charge for the issuance of any such certificate, not to exceed $25.00. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser or encumbrancer of the Lot in question. ~. Working Canital Fund Contribution. The Developer may require the first and each subsequent Owner of a Lot (other than the Developer or the builder initially acquiring such Lot for purposes of constructing thereon a Residence for sale) to make anon-refundable contribution to the working capital of the Association in the amount of $500.00 (a "Working Capital Fund Contribution"). The Assocation shall maintain all such Working Capital Fund 13 Contributions in one or more separate reserve accounts for future contingencies. Such Working Capital Fund Contribution shall not relieve an Owner from making payments of assessments as they become due and is in addition thereto and non- refundable in all events. 8. Special Assessments. a) In addition to the Annual Assessments and Special Charges authorized by this Article, the Board may levy in any year a Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of Common Property Improvement and Easement Areas, including any capital improvement upon the Common Property and Easement Areas, or the cost of any utility deemed necessary by the Board to serve the Property including the necessary fixtures and personal property related thereto, or any unexpected cost or expense of the Association, as the Board may determine. b) A Special Assessment shall become effective upon written notice by the Board to the Owners and shall be due and payable within 30 days after such written notice is sent to such Owners' last known addresses. Such Special Assessments may be collected (and payment of same be enforced) in the same manner as set forth herein for the collection of Annual Assessments. c) Special Assessments shall not be imposed by the Board unless first approved at a special meeting of the Members (majority vote of a quorum at such Member's meeting prevails) called for such sole and exclusive purpose. d) Any Lots or property owned by the Association and the Developer shall not be subject to Special Assessments. 14 9. Additional Procedures. The Board shall have the right to adopt procedures for the purpose of making the Assessments, and charges provided for herein and for the billing and collection of the same, provided that such procedures are not inconsistent with the provisions hereof Article IV Use of Funds Purposes for which Funds Ma~Be Used. The Board shall apply all funds received by it pursuant to this Declaration and all other funds and property received by the Association, including the proceeds of loans and accumulated funds referred to in this Declaration, to the following: a) The operating costs and expenses of the Association, including planning and implementation of the community programs; b) The planning, design, acquisition, improvement, construction, maintenance and equipping of Common Property Improvements, Common Property and Easement Areas; c) Association programs and services conducted on or in the Common Property; d) The payment of all principal and interest when due on all loans made to the Association; e) The payment of all real and personal property taxes and assessments, if any, separately levied upon or assessed against the Association or any property owned by the Association; f) The payment of all premiums and charges for all policies of insurance or surety bonds, as deemed by the Board to be necessary and appropriate, including but not limited to workers' compensation insurance, to the extent necessary to comply with any applicable law and then-current insurance practices, and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary, appropriate or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or property; and 15 g) The repair, improvements, construction, operation or extension of any utility servicing the Common Property deemed reasonably necessary by the Board; and h) Such other expenses and charges as are determined by the Board, in its subjective good faith discretion, to be reasonably incidental to maintenance of the Association and the Common Property as herein provided. 2. Handline of Funds. In order to secure the repayment of any and all sums borrowed by it from time to time, the Board is hereby granted the right and power: a) To assign and pledge revenues received and to be received by it under any provision of this Declaration, including, but not limited to, the proceeds of the Assessments payable hereunder; and b) To enter its agreements with lenders with respect to the collection and disbursements of funds, including, but not limited to, agreement wherein the Boazd covenants: i) To assess the Assessments on a given day in each yeaz as herein provided; ii) To establish sinking funds or other security deposits, or both; iii) To apply funds received by the Association to the payment of all principal and interest when due on such loans or to apply the same to such purpose after providing for costs of collection; iv) To establish such procedures as may be required by such lenders, but not inconsistent with the Declaration; v) To provide for the custody and safeguarding of all funds by the Association; and vi) To negotiate and arrange the amount, terms and rate or rates of all borrowing and the provisions of all agreement with lenders. 3, Accumulation of Funds Permitted. The Board shall not be obligated to spend in any calendar year all the sums collected in such year by way of Annual Assessments, User Fees, Special Charges, Special Assessments, or otherwise, and may carry forward, as surplus, any balances remaining; nor shall the Board be obligated to apply such surplus to the reduction of the amount of the Annual Assessment in the succeeding year, but may carry forwazd from year to year such surplus as the Board may determine to be necessary or I6 desirable for the greater financial security of the Association and the effectuation of its purposes, including accruing sinking or other similar funds for the replacement of Common Property. 4. Posting of Bond. The Association, acting through the Board, may require that persons or entities who handle the Association funds or monies (which funds and monies may be deposited in federally insured banks or savings and loans) post surety bonds sufficient in amount to indemnify the Association from any loss. Article V Common Property 1. Use of Common Pronertv. a) Every Owner of Assessable and Non-assessable Property, by reason of such ownership, shall have anon-exclusive right and easement of enjoyment in and to all Common Property, and such easement shall be appurtenant to and shall pass with every Lot upon transfer (subject to limitation, divestment and suspension as herein provided). All tenants of Owners shall have a nontransferable privilege to use and enjoy all Common Property for so long as they are a tenant. Notwithstanding the foregoing, only the Association and the Developer (and their designates) shall have the right to enter onto landscaping and monument sign easement areas and other Easement Areas reserved to the Association by separate instrument, which aze located upon a Lot, for the purposes of working on, maintaining and repairing same. The foregoing provision however shall not preclude the Owner of that Lot from entering thereon so long as such entry is not inconsistent with the instrument. .b) All such rights, easements and privileges conferred under this Declaration shall, however, be subject to the right of the Board to: i) Establish, adopt, promulgate, amend and rescind reasonable rules and regulations pertaining to the use, operation and maintenance of Common Property which shall enhance the preservation of such facilities, promote the safety and convenience of the users thereof, and which shall serve to promote the best interests of the Members of the Association; ii) Determine the use or uses to which Common Property may be put; l7 iii) Determine which, if any, Common Property may be used and enjoyed by, or conveyed or dedicated to the general public or a federal, state or local government body; iv) Levy Assessments, User Fees and other charges pursuant to this Declaration and to charge reasonable admissions or other charges or fees for the use of any recreational facility; v) Borrow money for the purpose of acquiring, developing or improving any Common Property including improvements thereon, and in aid thereof to mortgage the same, provided that the rights of any such mortgagee shall be subordinate to the rights, easements and privileges herein granted and assured; and vi) Apply for, accept and expend loans or grants from federal, state or local governments and to comply with any conditions required by such governments in order to obtain such loans or grants including conditions relating to the use and enjoyment of Common Property by the general public. 2, Damage or Destruction of Common Pronerty by Owner. In the event any Common Property (including monument signs and landscaping installed in landscape easements or other Easement Areas reserved to the Developer or Association on Lots) is damaged or destroyed by an Owner or any of their tenants, contractors, subcontractors, builders, material suppliers, licensees, agents or invitees, such Owner does hereby authorize the Board to repair such damaged areas. The Board shall repair such damaged area in a good and workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered suansd actuall ex endedssfor such repairs discretion of the Association. The amount necessary ( Y P ) shall be a Special Assessment upon the Lot of said Owner and shall be enforceable as Special Assessment are to be enforced. The cost of repair shall also constitute a lien on that Owner's Lot or Lots upon compliance with the provisions of this Declaration relating to imposition of liens (including Article X). 3. Maintenance of Common Pronertv. The Board shall endeavor to maintain the Common Property and Easement Areas according to at least the same standard of maintenance required of Owners. 4. Suspension of Riehts. The Board shall have the right to suspend the right or privilege of any Member (other than the Developer) for any period during which any Assessments remain delinquent, and may suspend said right or privilege in connection with the enforcement of 18 any rules and regulations relating to Common Property in accordance with the provisions of this Declaration. Notwithstanding any provision of this Declaration to the contrary, the suspension of such rights and privileges as aforesaid shall not affect, diminish or reduce such Member's liability for Assessments and other charges then and thereafter levied with respect to such Member's Lot or Lots. Article VI Design Review Committee 1. Pur.~ose Powers and Duties of Design Review Committee ("DRC"1. The purpose of the DRC is to assure that all proposed uses and any construction or alteration of any Structure which takes place on any Lot or any other property affected by the Declaration shall be performed in conformity with these covenants and restrictions and any then applicable "Design Standards and Procedures for Single Family Construction" (hereinafter described) at the Property. To carry out that purpose, the DRC shall have all rights, powers and duties conferred upon it pursuant to the terms of this Declaration. 2. Com,.Rosition and Appointment. The DRC shall consist of three members. Until the Development Period shall end, all three members shall be appointed (and successively removed, if Developer deems same necessary) by the Developer unless Developer shall elect to relinquish such right, in writing, to appoint any or all of said members and, thereafter, shall be appointed by the Board (and, from and after such time, one member shall be an Owner, one member shall be a member of the Board, and one member shall be of a profession related to community design and residential development including but not limited to architecture, landscape architecture, engineering and environmental design). 3. Oneration of the DRC. a) eetin s. The DRC shall endeavor to hold regular meetings once every six months or more often as determined by the members of the DRC. Regular and-special meetings of the DRC shall be held at such time and at such places as the members of the DRC shall specify. During the period that the Developer appoints the DRC, all meetings shall take place as often as is reasonably necessary to conduct its .business. At least two members of the DRC must be present for the transaction of business (i.e., a quorum) and the DRC shall maintain a written record of votes and minutes of each of its meetings. b) Activities. The DRC may adopt and promulgate Design Standards and Procedures for Single Family Construction as provided in Section 5 hereof and will make findings determinations rulings and orders with respect to the conformity with the 19 Design Standards and Procedures of any plans and specifications submitted to the DRC for approval. As required, the DRC shall issue permits, authorizations or approvals pursuant to the directions and authorizations contained herein. 4. Design Standards and Procedures for Single Family Residential Construction. a) The DRC may (but shall not be required to) adopt and enforce Design Standards and Procedures for Single Family Residential Construction for the purposes of governing the form and content of plans and specifications to be submitted for approval pursuant to the provisions of this Article; governing the procedures for such submission of plans and specifications; and establishing policies, requirements, standard restrictions and specifications with respect to the approval and disapproval of proposed uses with respect to construction or alteration of any Structure on any Lot, Easement Area or Common Area. The promulgation or failure to promulgate Design Standards shall not, however, constitute a waiver of the DRC's right to impose additional design standards, on a Lot and on a case by case basis, determined to be appropriate in the DRC's sole and absolute discretion. b) The DRC shall make any published copy of any current Design Standards and Procedures for Single Family Residential Structures readily available to Members, prospective Members of the Association, and to builders. 5. Submission of Plans and Specifications. No Structure shall be commenced, erected, placed or moved onto or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearances thereof, nor shall any new use be commenced, unless plans and specifications (including a description of any new use) for same have been submitted to and approved in writing by the DRC. Such plans shall contain such detail as the DRC shall require in its sole discretion. 6. ~nnroval of Plans and Specifications. a) Permanent Record. Upon approval by the DRC of any plans and specifications submitted hereunder, a copy of such plans and specifications, as approved, shall be deposited as a permanent record with the DRC and a copy of such plans and specifications bearing such approval in writing shall be returned to the applicant submitting same. b) Effect of Approval. Approval for use in connection with any Lot of any plans and specifications shall not be deemed a waiver of the DRC's rights, in its discretion, to disapprove similar plans and specifications or any of the features or elements 20 included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot. Approval of any such plans and specifications related to any Lot, however, shall be final as to that Lot and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications as approved, and any conditions attached to, any such approval. The DRC, in its discretion, is permitted to approve deviations from any Design Standards and Procedures and from this Declaration when, in its subjective, good faith judgment, such deviations will result in a more commonly beneficial use. Such approval, however, must be in writing. Whensoever the DRC approves and grants a deviation from this Declaration, such approved deviation shall for all purposes amend this declaration but only to the limited extent of such specifically approved deviation as to a particular Lot. 7. Dis~nroval of Plans and Specifications. a) Right of Disapproval. The DRC shall have the right to disapprove any plans and specifications submitted hereunder for reasons which include, but are not limited to, the following: i) The failure to include information in such plans and specifications as may have been requested by the DRC; ii) The failure of such plans and specifications to comply with this Declar-ation or any Design Standards and Procedures; iii) Objection to the exterior design, appearance or materials used for any Structure; iv) Incompatibility of any proposed Structure with existing Structures or uses approved upon other Lots in the Property; v) Objection to the site plan of any Lot on grounds of incompatibility with other Lots in the Property; vi) Objection to the grading and/or landscaping plan for any Lot; vii) Objection to the color scheme, finish, proportions, style or architecture, height, bulk, safety or appropriateness of any proposed Structure; 21 viii) Failure to satisfy minimum floor area requirements; ix) Objection to parking areas proposed for any Lot based upon incompatibility with proposed uses and Structures on a Lot, insufficiency of size of the parking area in relation to the proposed use and undesirable alteration of the flow of water over or through any Lot; x) Failure to comply with City Codes or Ordinances. xi) Any matter not included in any Design Standards and Procedures if such matter, in the sole discretion and judgment of the DRC, would lower the value of or otherwise damage the Property; xii) Any other matter which, upon the sole judgment of the DRC, would render a proposed Structure inharmonious with any Design Standards and Procedures for the Property. b) Statement of Basis for Disapproval. In any case in which the DRC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such approval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. c) Broad DRC Discretion. The DRC shall have broad discretion in approval and disapproval of plans and specifications. Accordingly, so as to minimize misunderstandings which might otherwise develop between Owners and the DRC, Owners are encouraged (although not required) to first seek approval by the DRC of their plans and specifications before acquisition of a Lot. 8. Failure to Act. In the event the DRC shall fail to take action on any plans or specifications within sixty (60) days after actual delivery of same to the DRC, the same shall be deemed to have been approved as submitted, and no fiuther action by the DRC shall be required for the applicant to begin construction (but no such deemed approval shall be effective as to components of the plans and specifications which are contrary to the express provisions hereof). In order to invoke the provisions of this Section, however, a member of the DRC must give applicant a signed and dated statement acknowledging receipt of plans and specifications so submitted to the DRC. 9. Inspection Rights. At any reasonable time or times (without notice), any agent of the Association or any member of the DRC shall have an irrevocable license to enter upon any Lot for the purpose of ascertaining whether the use or maintenance of such Lot or the 22 construction of any Structure thereon is in compliance with the provisions hereof. Neither the Association nor the DRC shall be liable or responsible to any party arising out of the allegation that such entry was wrongful. 10. Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article. If, in the opinion of the DRC, such violation shall have occurred, the DRC shall notify the Board and the Developer. If the Board or Developer shall agree with the determination of the DRC with respect to the violation, then upon written notice of the violation to the Owner from the Board or Developer, any such Structure so erected, placed, maintained or altered upon any Lot in violation hereof shall be removed or altered so as to extinguish and eliminate such violation. If the Owner of the Lot upon which such violation exists shall not have taken reasonable steps towards the removal or termination of such violation within the time specified in the Board's or Developer's notice to the said Owner, the Board or Developer shall have the right to pursue and enforce their rights and remedies as hereinafter provided and may obtain, without limitation, monetary damages, injunctive relief, reasonable attorney's fees, damages, court costs and reasonable investigative expenses. 11. Certificate of Compliance. a) Issuance. Upon the completion of construction or alteration of any Structure in accordance with plans and specifications approved by the DRC, the DRC shall (upon written request of the Owner) issue a Certificate of Compliance identifying such Structure (and the Lot upon which the Structure is located) and accompanied by a statement that the Structure was completed in accordance with all applicable rules and regulations of the DRC. A copy of such Certificate of Compliance shall be filed for permanent record with the plans and specifications on file with the DRC. Any such Certificate of Compliance, however, shall not be deemed a certification that the Structure complies with any governmental rules or regulations. b) Evidence of Compliance. Any Certificate of Compliance issued in accordance with the provisions of this Article shall be prima facie evidence of the facts therein stated and, as to any purchaser or encumbrancer in good faith and for value as to the Lot, such Certificate of Compliance shall be conclusive evidence that the Structure complies with all requirements of this Article as of the date of such Certificate of Compliance. 12. Non-Discrimination. The DRC shall not discriminate against any applicant requesting approval of plans and specifications because of such applicant's race, color, sex, religion, national origin, family composition or marital status. Furthermore, the DRC, in the exercise 23 of powers granted to it hereunder, shall not take any action which is intended to or does, in effect, discriminate against persons of a particular race, color, sex, religion, national origin, family composition or marital status. 13. Limitation of Liability. Neither Developer nor the DRC nor any member thereof shall be personally liable to any Owner, Member or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of Developer or the DRC (or any member thereof), provided that such person has, upon the basis of such information as may be possessed by him, acted in subjective good faith, without willful or intentional misconduct. 14. General Construction Rules. Without limiting the power of the Developer, Board and DRC to promulgate other and additional rules and regulations governing construction on Lots, the following minimal rules and regulations (which may be enforced by either the Board, the owner of any other Lot, the Developer or the DRC) shall govern all construction, repair and maintenance on any of the Lots and each Owner shall be strictly liable for violations of the provisions of this Article by their contractors. builders. agents. servants, employees. invitees. subcontractors and material-men providing labor and/or material to the Owner's Lot: a) Commencement of construction on a Lot shall start within ninety (90) days following approval of plans by DRC. Construction shall proceed in a timely and orderly manner to a prompt completion. b) No Lot is to be cleared nor shall construction commence on any Lot until a building permit therefore is granted, the Lot closing has taken place and the DRC has approved the plans and specifications for such construction. c) No dumping or open burning of construction materials, waste or trash shall occur on any Lot. d) Loud music will not be permitted on any construction site. e) No construction signs are permitted identifying any mortgage lender, contractor, subcontractor or supplier unless Developer shall approve same in writing for each sign. fl Erosion control shall be provided on all Lots by the Owners. The DRC may, at its sole discretion, require the Owner to place erosion control materials such as straw bales or silt fencing on any portion of a Lot that appears to be in an erodible condition due to construction activities. 24 g. Each Owner, at the end of each day during which construction activities are being conducted at such Owner's Lot, shall cause the streets adjoining or near the Property to be cleaned so that they shall be free from dirt, mud and debris deposited thereon during performance of such construction activities by Owner or said Owner's contractors, builders, subcontractors and material-men. h) No changes in plans during the construction period will be permitted without prior express written approval of the DRC. i) No construction work on any Lot shall begin before 7:00 a.m. or continue after 7:OOp.m. j) Excess excavation materials must be hauled away from the Lot and from the Property. k) Concrete suppliers and contractors shall clean their equipment only at locations designated by the DRC or Developer for that purpose. 1) Owners (for themselves and their contractors, builders, subcontractors and material-men) shall cause the clean up of all trash and debris generated by construction on a Lot at the end of each day. Trash and debris shall be removed from each construction site at least once a week to a dumping site located off the Property. Owners (for themselves and their contractors, builders, subcontractors and material-men) will be responsible for removing all construction debris and keeping construction sites in awell-maintained appearance at all times. Article VII Easements 1. Reservation of hts. In respect of the Easement Areas of each Lot and the Common Property, the Developer and the Boazd reserve the right, power and authority to (but not the obligation): a) Erect, install, construct and maintain wires, lines, conduits and poles and the necessary or proper attachments and appurtenant structures in connection with the transmission of electricity, telephone, fire alarm systems, communication systems, television cables and other utilities and similaz'facilities; b) Erect, install, construct and maintain storm water drains, land drains, public and private sewers, pipe lines for supplying gas, water and heat, and for any other public 25 or quasi-public facility, service of function, and appurtenant structures whether above ground or underground; c) Control slope, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slope ratios approved by the Developer or DRC or which might create erosion or sliding problems or which might change, obstruct or retard drainage flow; d) Erect and maintain monument signs (and no Owner of a Lot on which a monument sign is located shall interfere with or modify such monument sign so installed); and e) Create, grade, repair, maintain and otherwise beautify landscape berms and areas (and no Owner of a Lot on which a landscape berm or area is located shall interfere with or modify such berm or landscaping so installed). 2. Utilities and Drainaee. Developer and Board reserve the right, power and authority to direct and control the installation of facilities, in cooperation with a public authority or any utility company which will install, own, operate and maintain the respective facilities, which utilities and drainage services (as provided for in this Section) shall be installed in and occupy any specific easement. Within any easements, no Structure, planting or other material or improvement shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the directional flow of water through drainage channels within the Easement Areas, or which may change or prevent the intended use of any easement and prohibit fencing of drainage easement which would interfere with moving or maintenance of such easement. 3. Non-Exclusive Use. Subject to all of the other Restrictions contained in this Declaration, and subject to the easements and rights thereto pursuant to the Plat, each Owner shall have the right to use the Easement Area of his Lot in any manner not inconsistent with the purposes for which such Easement Area is reserved, and the area within any Easement Area and all improvements within the bounds of such Easement Area shall be maintained continuously by the Owner except as otherwise provided herein and except for such improvements for which a public authority or utility company is or may become responsible for maintenance. 4. Owner's Cooperation. Notwithstanding anything herein to the contrary, each Owner covenants and agrees that, in cooperation with the Developer and the Board, each Owner shall execute all grants of easements, grants of right-of--way or any other similar grant or conveyance documentation required to be executed by an Owner in order to grant and convey to any public authority or utility company, their assigns or lessees, the right, privilege and easement to lay, construct, maintain, alter, inspect, repair, replace, protect, relocate, change the size of, operate and remove all utility lines, service taps, distribution facilities, 26 valves, regulators and other equipment appurtenant to and necessary for providing any and all of the utility and drainage services as provided for in this Section. 5. Entry. The Developer and Board reserve the right, at all reasonable times and upon reasonable oral or written notice, to enter upon all parts of the Easement Areas of each Lot for any of the purposes for which said easements or right-of--ways are reserved, without being deemed to have committed a trespass or wrongful act solely by reason of such entry. The Developer or the Board (as the case may be) shall be responsible for leaving each Easement Area in good repair and condition following any work or activity within such Easement Area but the Owner of the Lot shall be responsible for repairing and/or replacing any improvement (installed by Owner) in the Easement Area which is disturbed by such entry by Developer or the Board for the purposes herein stated. 6. Disposition During Development Period. During the Development Period, the Developer may convey an Easement Area to a public authority or utility company where such conveyance is required by the public authority or utility company as a prerequisite to installing the utility facility on the Easement Area or where such conveyance is required by the public authority or utility company as a prerequisite to accepting ownership of the utility facility for operation and maintenance. Article VIII General Restrictions and Requirements 1. Maintenance Required by Owner. a) Each Owner shall keep all portions of his Lots and all improvements therein or thereon, in good order and repair, including, by way of illustration and not of limitation, the seeding, watering and mowing of any lawns, the pruning and cutting of any trees and shrubbery, the maintenance of any parking areas in a serviceable and attractive condition, and the painting (or other appropriate external care) of all building and other improvements, all in a manner and with such frequency as is consistent with safety and good property management. The Board and the Developer shall have the right, after written notice to the Owner of the affected Lot as hereinafter provided to remove trash or rubbish and to cut grass, weeds and vegetation and to trim or prune any hedge or other planting that, in the opinion of the Board or Developer, by reason of its location or height of the manner in which it is permitted to grow, is detrimental to adjoining Lots or Property or is unattractive in appearance. The Board or Developer shall further have the right to care for vacant and ununproved Property and to remove grass, weeds and rubbish therefrom and to 27 any and all things necessary or desirable, in the opinion of the Board or Developer, to keep such Property in neat and good order, all at the cost and expense of the Owner. Such cost and expenses incurred by the Board or Developer shall be paid to the Association or Developer (as the case may be) upon demand and the right to receive such costs and expenses so incurred may be enforced by either Association or Developer as provided herein or as provided by law. b) The Board or Developer (as the case may be) shall give five (5) days' written notice to the Owner in violation of this Restriction, setting forth the specific violation or breach of this Restriction and the action required to be taken by the Owner to remedy such violation or breach; if, at the end of such time, such curative action shall have not been taken by the Owner, the Developer or Board (as the case may be) may pursue its rights and remedies hereinafter provided and shall have such other remedies at law or in equity as may then exist. 2, T and Use and Structure Tv~e_• a) The Property, and all parts thereof, shall be used solely for single family residential purposes and for no other purposes whatsoever, unless specifically provided to the contrary herein. b) No building shall be erected, altered, placed or permitted to remain on any Lot unless it is an approved Structure (i.e., approved by the DRC) and no previously approved Structure shall be used for any purpose other than that for which it was originally approved. c) No Lot shall be split, divided or subdivided for sale, resale, gift, transfer or otherwise without the written consent of the Developer and the Board. ___ d) -The Developer hereby reserves-the exclusive right to use any of its Property fore temporary use as an office or for model home purposes during the Development Period. e) All exterior materials and color of all exterior materials (including paint) shall be approved by the Design Review Committee. Exposed standard c other e boduct prefabricated metal buildings, simulated brick or stone, or any P prohibited by City ordinance shall not be permitted.. All wood and other non-brick or non-stone exteriors (except roofs) shall be painted or stained with high quality products. 28 fl All roofs on all enclosed structures on any Lot must be weathered wood color, minimum of 25 year weight, asphalt shingle material, or equivalent as determined by the DRC in its sole discretion. g) All window frames installed in any structure on a Lot must either be solid wood, vinyl, metal or metal clad in vinyl. h) No air conditioning apparatus or unsightly projection shall be attached or affixed to the front of any residence. Window air conditioning units shall not be permitted. i) All water, gas, electricity, sewer, telephone, cable television and other utilities or services shall be located and run underground on each Lot. j) All driveways and sidewalks shall be concrete, asphalt, patterned concrete, interlocking pavers, brick or other permanent stone finishes. Crushed gravel and natural driveways and sidewalks are prohibited. No driveway shall be constructed in a manner to permit access to a street across a rear lot line. 3, Landscaue Restrictions. a) No home on any Lot shall be first occupied unless and until (weather permitting) the entire front, side and rear yards of a Lot are fully sodded or seeded. b) No tree or shrubbery shall be maintained in such a manner as to obscure the view of vehicular traffic. c) No artificial flowers, trees or other vegetation shall be permitted on the exterior of any residence or in the yard. Sculptures, bird baths, fountains and similar decorative objects are allowed on the exterior of the residence or in the yard only with prior written approval of the DRC. d) Approval of the Board or DRC is required for: i) Any excavation, fill, ditch, diversion dam, retention basin or other thing or device which affects or alters the natural flow of waters from, through, under or across any Lot or which affects or alters the flow of any waters in any natural or artificial stream, or drainage channel from, upon or across any Lot; and 29 ii) Any change in the grade of any Lot of more than six (6) inches. 4. Building Locations. No building or other Structure shall be located on or built on any Lot nearer to the front line or nearer to the side street right-of--way line than the minimum set back line shown on the plat or required by City ordinance. Furthermore, the exact placement and orientation of any single family residential Structure on a Lot shall be subject to approval of the DRC. 5. New Construction. All Structures permitted hereby shall be new construction and no building or Structure (included pre-fabricated Structures) shall be moved onto any Lot. 6. Incomplete Structures. Commencement of construction of a Structure shall not occur until the DRC has approved the fmal plans and specification for such Structure. No Structure shall be permitted to stand with its exterior in an unfinished condition for a period longer than six (6) months after commencement of construction. Extensions for periods beyond six (6) months may be granted by the DRC in its sole discretion. In the event of fire, windstorm or other damage, no Structure shall be permitted to remain in a damaged condition for more than three (3) months. No Structure shall be occupied until completed according to the plans and specifications approved by the DRC. 7. Structures. No temporary building, trailer, tent, garage, bam or other building, whether in the course of construction or otherwise, shall be placed upon any Lot. No detached Structure for purely ornamental purposes may be erected on any part of any Lot without the consent of the DRC, which consent may be withheld or conditioned in the sole and subjective discretion of the DRC. 8. -Placement of Signs on Property. No sign, billboard or other advertising device of any nature shall be placed upon any Lot, including property identification signs, except by the Developer and except as may otherwise be provided herein. The DRC may adopt and promulgate rules and regulations relating to signs which may be used within the Property. "For Rent" and "For Sale" signs (not exceeding five (5) square feet in size) shall be permitted to be placed upon any Lot provided that such signs have first been approved by the DRC and shall be professionally prepared and displayed. One political sign per candidate or issue not more that three feet high or three feet wide, not to exceed a total of six square feet, is permitted on or near the Lot for up to 15 days before the elections but must be removed within 24 hours after the election. 9, Keeping of Animals on Lots. No animals, cows, horses, swine, goats, sheep, poultry other domesticated farm animals, wild animals, or birds shall be kept or maintained on any Lot without the written approval of the DRC, which approval may be withheld in the sole 30 discretion of the DRC, provided however, so long as kept inside of the residence on the Lot between the hours of 9:00 P.M. and 7:00 A.M. and so long as kept in a sanitary manner, an Owner may keep not more than two (2) each of the following ovided further at no t me domesticated cats, domesticated birds and domasoticata oa bird having dangerous or vicious shall any Owner keep or harbor, on the Lot, any g, propensities. 10. Dis osition of Trash and Other Debris. No Lot shall be used or maintained as a dumping ground for rubbish. No lumber, metals, bulk materials, refuse or trash shall be kept, stored to allowed to accumulate on any Lot, except building materials during the course of construction for a period not to excoefdu h mat rialds) g less ext0ended be the Developeroor Y day one of the first delivery of any the DRC in its sole discretion, for any approved Structure, unless such materials are screened from view in a manner approved by the Developer or the DRC. During the course of construction it shall be the responsibility of each Owner to insure that construction sites are kept free of unsightly accumulations of rubbish and scrap materials, and that construction materials, trailers, shacks and the like are kept in a neat and orderly manner. No burning of any trash, leaves, grass or weeds and no accumulation or storage of litter of any kind shall be permitted on any Lot. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recumng basis, containers may be placed in the open, on any day that a pickup is to be made, at such place on the Lot so as to provide access to persons making such pickup. At all other times such containers shall be stored in an manner that they cannot be seen from adjacent and surrounding property. All such containers shall be kept in a clean and sanitary condition. The DRC may adopt and promulgate reasonable rules and regulations relating to the size, shape, color and type of container permitted and the manner of storage of the same on the Property. 11. Pazkin of Motor Vehicles. Boats and Trailers. a) No truck, commercial vehicle, trailer, commercial trailer house, recreational vehicle, all-terrain vehicle, van, minivan, camper, motorcycle, automobile, mobile home, boat or boat trailer shall be brought upon, stored or habitually parked on bus ohall upon any street abutting any Lot except as herein provided to the contrary. not be construed to prohibit the temporary (i.e., a maximum of twenty-four (24) hours): (a) standing or parking of a trailer, boat, trailer house, recreational vehicle or mobile home preparatory to taking same to some other location for use; or (b) the temporary standing or parking of a truck or commercial vehicle for loading, or unloading (not to exceed 3 hours). The foregoing restriction shall also not be construed to prohibit the parking of any noncommercial automobile, non- commercial minivan, non-commercial van or noncommercial pickup truck (which 31 is then currently operational, road worthy and licensed) on any driveway on any Lot or in any enclosed garage. b) No mechanical maintenance on any vehicle shall be permitted except in enclosed garages. c) Unlicensed or inoperative motor vehicles are prohibited, except in an enclosed garage. Overnight parking of motor vehicles of any type or character in public streets, Common Areas or vacant lots is prohibited. Motor vehicles shall be parked overnight in garages or on paved driveways only. d. While nothing contained herein shall be considered to prohibit the use of the portable or temporary building or trailers as field offices by contractors during actual construction on the Property, the use and appearance of such a building or trailer must be specifically approved by DRC prior to its being moved on site. 12. Nuisances. No noxious or offensive activity shall be carried on upon any portion of the Lots, nor shall anything be done thereon that may be or become a nuisance or annoyance to any other Owners. 13. Exterior Liehtinu. No lights or other illumination (other than street lights) shall be higher than the residence, Exterior holiday lights shall be permitted only between November 15 and January 31. No exterior landscape lighting shall be installed until approved in advance by the DRC. No exterior lighting shall be directed outside the boundaries of any Lot but shall be directed so as to avoid glare and excessive light spillage onto abutting or adjacent Property or Lots. Exterior lighting shall consist of concealed sources of illumination and shall maintain lighting levels consistent with the recognized standards of the lighting industry. Exterior lighting shall be from white sources only. Upon notice from the Developer or DRC that an exterior light is objectionable, such Owner shall immediately shield such -- light in such a manner so that in the opinion of the Developer or the DRC such light is no longer objectionable. If shielding cannot be accomplished to the satisfaction of the Developer or DRC or the light continues to be objectionable, the Developer or DRC may require that such light be removed or replaced with a light that is not objectionable. Notwithstanding the foregoing, temporary, decorative lighting shall be permitted provided that such lighting conforms to the requirements and limitations as may be imposed by the Board. 14. Antennas Poles and Projections. No facilities, including poles and wires for the transmission of electricity, telephone messages, CATV signals and the like shall be placed or maintained above the surface of the ground on any Lot, and no external or outside antennas or satellite 32 dishes shall be permitted on any Lot except as hereinafter provided. No solar collectors or wind generators or turbines of any kind or type shall be maintained on any Lot except with the permission of the DRC (which may be withheld or conditioned in the sole and subjective discretion of the DRC). No flag poles, poles, nor standards shall be erected or maintained except with the prior written approval of the DRC, which approval may be withheld in the sole discretion of the DRC. 15. Satellite Receivers and Transmitters. Developer acknowledges the right of telecommunications consumers to receive satellite transmissions in accordance with the Section 207 of the Telecommunications Act of 1996. However, in order to preserve the aesthetics of the Property, Developer hereby directs that satellite receivers and transmitters ("Dishes") shall be located at the following points (listed in descending order of preference): a) First Choice: If a Dish can be so located, without undue cost to the Owner and without undue diminution of signal reception or transmission, it shall be attached to the roof (immediately below and behind the roof ridge line) of the residence at a location so that it cannot be seen from the next door lot or from the street running in front of the residence. b) Second Choice: If the First Choice is not available and if a Dish can be so located, without undue cost to the Owner and without undue diminution of signal reception or transmission, it shall be attached to rear exterior wall of the residence at a location so that it cannot be seen from the street running in front of the residence. c) Third Choice: If the First and Second Choices are not available and if a Dish can be so located, without undue cost to the Owner and without undue diminution of signal reception or transmission, it shall be attached to a side exterior wall of the residence at a location which is least likely to be seen from the street running in front of the residence. d) Fourth Choice: If the Fast, Second and Third Choices are not available and if a Dish can be so located, without undue cost to the Owner and without undue diminution of signal reception or transmission, it shall be installed at ground level near the rear property line of the Lot at a location which is least likely to be seen from the street running in front of the residence. e) No satellite dish shall exceed a diameter of one (1) meter. If installed on the roof or walls, the satellite dish shall be painted the same color as the surface upon which it is mounted so long as such painting shall not unreasonably interfere with the 33 reception or transmission of satellite signals. If installed at ground level, the satellite dish shall be screened from view on all sides by shrubbery so long as the shrubbery shall not unreasonably interfere with the reception or transmission of satellite signals. If the first four choices mentioned above are not available for some reason, the Owner of each Lot and the DRC shall reasonably cooperate with each other so that any right of an Owner to receive or transmit satellite signals is harmonized with the preservation of aesthetics at the Property and on each Lot. 16. Subsurface Water. No well, pump, shaft, casing or other facilities for the removal of subsurface water shall be placed or maintained on any Lot, nor shall any boring, drilling, removal of or exploration for subsurface water be conducted on any Lot, except by or with the permission of the Developer. No individual water supply system shall be permitted on any Lot. 17. Drainage. Drainage from a Lot directly onto an adjoining Lot as a result of any construction activity or any change to the grade of any Lot shall be prohibited and each Owner shall be required to maintain the Lot and to construct and maintain the gutters and downspouts to control such drainage. The final grading on each Lot shall not cause any adverse change (as determined solely by the DRC) to the natural grade of such Lot. 18. Sani _ Sewers. No individual sewage treatment system shall be permitted on any Lot. All sanitary sewer lines shall connect with the central sewage disposal system provided. Water from downspouts or any surface water shall not be permitted to drain into the sanitary sewer system. 19. Air and Water Pollution. No use of any Lot will be pemutted which emits pollutants into_the atmosphere, or discharges liquid or solid wastes or other harmful matter into any waterway in excess of environmental standards applicable thereto, to be established by the DRC, which standards shall at a minimum meet the requirements of federal and state law and any regulations thereunder applicable to the Property. No waste or any substance or materials of any kind shall be discharged into any private or public sewer serving the Property, or any part hereof, in violation of any regulations of the State of Missouri or any private or public body having jurisdiction. The burning leaves, trash or any debris is specifically prohibited. 20. Mining, and Drilling. No Lot or portion thereof shall be used for any mining, boring, quarrying, drilling, removal of, or any other exploitation of subsurface natural resources, with the sole exception of subsurface water, except for areas specifically designated for such purposes by the Developer and the Board. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon any Lot, nor 34 shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. No derrick or other Structure designed for use in boring oil or natural gas shall be erected, maintained or permitted upon any Lot. 21. Placement of Pipelines. No water pipe, gas pipe, sewer pipe or drainage pipe or conduit shall be installed or maintained on any Lot above the surface of the ground, other than as may be approved by the DRC, except at the point of connection of such pipe to a Structure and except for hoses used for the watering landscaping items such as trees, shrubs, flowers and grass. 22. Fireworks and Use of Firearms. The sale and use of fireworks of any kind whatsoever on the Property is prohibited. Except as permitted by law for security personnel, the use of or discharge of firearms of any kind whatsoever is prohibited. 23. Laws and Ordinances. Each Owner shall promptly comply with all laws and statutes, ordinances, rules and regulations of federal, state or municipal governments or authorities applicable to use, occupancy, construction and maintenance of improvements upon any Lot. 24. Off Road" Vehicular Traffic. None of the Property, including but not limited to the Common Property, shall be used for motorized vehicular traffic of any nature except as to maintenance vehicles used in the ordinary course of maintaining the Property. Such prohibition extends to vehicles generally referred to and categorized as all terrain vehicles, motorcycles, motorized bikes and all other such motorized vehicles. 26. Swimming Pools. No above-ground temporary swimming pools shall be permitted on any Lot; rather, any swimming pools must extend below the surface of the ground and such swinuning pools as well as all appurtenant equipment (e.g., motors, pumps, housings, etc.) must be screened from view in accordance with plans for same submitted to (and approved by) the DRC. 27. Fences. No fences or walls shall be placed on any Lot without written approval of the DRC and no approved fence or wall shall be erected or maintained in such a manner as to obstruct the view of vehicular traffic. Furthermore: a) No fences of any kind will be permitted in the front or side yards next to a platted street of any Lot and no fence, in any event, shall exceed 4 feet in height. b) All fences must be constructed of cedar, "CCA" (i.e., treated wood) or their equivalents. Unless approved by DRC in writing, no fences shall be erected upon easement areas (such as monument signs, drainage or landscaping easements shown on any plat for the Property). 35 c) No fences shall be erected until the property lines and fence location are first surveyed and staked by a licensed surveyor. d) No fences shall be allowed on any portion of a Lot which is designated drainage or landscaping easements as shown on any plat for the Property. f) The side yard between two residential structures may be fenced to a point even with the comer of the structure furtherest from the street but no fences shall be allowed beyond such point toward the front of either lot.. 28 Obstruction of Traffic. No fence, wall, tree, hedge, shrub, planting or Structure shall be erected or maintained in such a manner so as to obstruct site lines for vehicular traffic. 29. No Business Use. No business use shall be made of any Lot or Structure thereon, provided however, limited home occupation shall be permitted subject to the following restrictions and limitations: a) Prior to commencement of any business use of any Lot, the Owner shall furnish to the Board a written description of such business use. In the event the Board, in its sole and absolute discretion, deems such business use to be non-detrimental to the residential neighbor of neighborhood, written permission to conduct such business use shall be given to such Owner. Such written permission shall, however, be revocable upon thirty days written notice to the Owner who, at the expiration of such thirty day period, shall cease such business use. In no event, however, will permission be granted for wholesale or retail sales from inventory located or exhibited at the premises, rental of equipment or personal property stored or exhibited at the premises, medical or dental or related health care services, or automobile or other vehicle repair services. b) The business use shall be incidental and subordinate to the principal use of the premises as a single family residence, and not more than 25% of the floor area of any one floor of any Structure shall be utilized for a business occupation. c) All materials or equipment used in the business shall be stored within the single family residence located on the Lot. d) No business signs shall be permitted. e) At least one person occupying such living unit as his or her residence shall be engaged in such home occupation. 36 f) No equipment shall be utilized that creates a nuisance due to noise or electrical interference. g) In no event shall fewer than two off-street parking spaces be provided. 30. Laundry Poles. No poles for attaching wires or lines for the purpose of hanging laundry thereupon shall be erected, installed or constructed on any Lot 31. Gardens. Outside gardens shall be permitted in a fenced back yazd or side yard but only so long as they are well maintained and cultivated. 32. Basketball Goals. No portable basketball goals shall be permitted. Permanent basket ball goals may be permitted subject to prior written approval by the DRC as to location, appearance and design. 33. Trampolines. No outdoor trampolines shall be permitted on any Lot. 34. Playground Structures. No outdoor playground structures shall be permitted to stand outside of the enclosed residence on any Lot unless constructed predominantly of wood and having such "earth-tone" colors as shall be approved by the DRC, in its sole and absolute discretion. Such structures shall not be more than 12 feet high. 35. Height Limitation. Any residence erected on any Lot shall not be more than two levels in height above ground, provided, a residence of more than two stories in height maybe erected on any Lot with the express written consent of the DRC (which consent may be withheld for any or no reason whatsoever). 36 ~quaze Footage Re uirements. No single family residence shall be erected on any Lot which contains less than the following minirnum squaze footage areas: a) For one and a half story homes or two story homes, not less than 1500 squaze feet of enclosed floor area with not less than 1000 square feet on the main floor. The phrase "enclosed floor area" as used herein shall mean and include areas of the residence enclosed and finished for all year occupancy, computed on outside measurements of the residence, and shall not mean or include any areas in basements, garages, carports, porches or attics. However, fmished lower level living areas situated on hillside Lots may be included as part of the area of the Structure, provided at least half of the lower level is above ground. b) No so called underground or "earth contact" homes shall be permitted. 37 37. aza es. All garages must be fully enclosed and must be attached to the main dwellinghouse and all said garages may be front entry or so called "side entry" garages. All garages must be equipped with doors which shall be kept closed as much as practicable so as to preserve the appearance of Project as a whole. All residences erected on any Lot shall contain not less than two nor more than three garages of sufficient size to accommodate a standard size passenger automobile. Article IX Duration and Amendment Duration. This Declaration and the Restrictions contained herein shall run with, burden and bind the Property, shall inure to the benefit of and shall be enforceable by the Developer (during the Development Period), the Association and any Owner, as well as their respective legal representatives, heirs, successors and assigns until December 31, 2030, after which time the Declaration shall be automatically renewed for successive periods often (10) years each unless, prior to the commencement of any such renewal period, an instrument terminating this Declaration and the Restrictions contained herein shall be executed by the proper Association officers and recorded in the appropriate Office of the Recorder of Deeds or in such other place of recording as may be appropriate at the time of the execution of such instrument, pursuant to a resolution to such effect approve in writing by not less than two- thirds (2/3) of the total number of Members, which resolution shall have been approved within six (6) months prior to: December 31, 2030, or the end of any subsequent ten (10) year extension period. 2. Amendment. a) Except as hereinafter specifically provided, this Declazation may not be amended, terminated or modified in any respect except by recording an instrument executed by the proper Association officers as authorized by the Members, in the same manner as termination is effected as provided above, provided however, during the Development Period, no modification, amendment or termination of this Declazation shall be effected unless Developer shall consent to same. b) Notwithstanding the foregoing, during the Development Period this Declaration can be amended, modified or changed in whole or in part by the Developer (acting alone, without concurrence of the Owners, Association, Boazd or DRC).in order to:mnect deficiencies of this Declaration (as determined to exist by the Developer in Developer's sole discretion); to annex property as provided for herein; to de-annex Property without Association membership approval but with the written consent of 38 Owners located within the boundaries of that Property to be de-annexed (who together with Developer shall execute a release document for recording with the appropriate Office of the Recorder of Deeds); and to provide for the unified and efficient development of the Project on the Property (determined to be necessary in Developer's sole and absolute discretion). Such unilateral Developer amendment hereof shall be evidenced by an instrument recorded with the Recorder of Deeds for the County in which the Property is located. Article X Enforcement Enforcement Rights Generally. a) In the event of a violation or breach of any Restriction or covenant contained in this Declaration, the Boazd may give not less than 5 days' written notice to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action or actions which shall be taken by the Owner to remedy or cure such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within the time limit specified in the written notice, then the Boazd may pursue its rights or remedies herein provided. The Association, through its agents and employees, shall also have the authority and right to enter at all reasonable times upon any Lot as to which a violation, breach or other condition to be remedied exists, and take the actions specified in the notice to the Owner to abate, extinguish, remove or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof. Such entry or action, or both, shall not be deemed to be a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carved out in accordance with the provisions of this Declaration. All costs and expenses including reasonable attorneys' fees incurred by the Association, or on its behalf, in enforcing rights and remedies provided in this Declaration, shall be a binding personal obligation of such Owner enforceable at law, as well as a lien on such Owner's Lots enforceable pursuant to this Declaration. b) During the Development Period, the Developer may pursue any right or remedy available to the Association in such cases where, in the sole discretion and judgment of the Developer, the Board has acted unreasonably in electing not to pursue any right or remedy for the enforcement of the provisions of the Declaration. The Developer's pursuit of such right or remedy, however, shall be subject to the following limitations: 39 i) The Developer shall give written notice to the Board identifying the violation which Developer seeks to correct and the steps Developer will take to remedy the condition; and ii) The Developer may not commence to exercise said right or remedy less than ten (10) days after giving written notice to the Board. 2. Iniunctive Relief and Specific Performance. Nothing contained herein shall be deemed to affect or limit the rights of the Developer, the Association (including the Board), the Members, or the Owners, or any one of them, to enforce any of the terms, covenants or conditions of this Declaration by appropriate judicial proceedings. Any beneficiary (including the Board and Developer) hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof. In any and all such actions, whether at law or in equity, any such beneficiary hereof who is entitled to relief and who substantially prevails in such enforcement proceeding shall also be entitled to recover all costs and expenses, including reasonable attorneys fees, incurred in enforcing such rights. 3. Enforcement of Liens. a) The Association shall also have a lien for all and any Assessments as herein defined (as well for the repayment of any other monies for which an Owner may be liable pursuant hereto) and shall have a lien for the cost of exercising the Association's rights and remedies as set forth in this Declaration. The amount which may be recovered by the Association shall include the Assessment, charges or costs, together with the cost of such enforcement proceedings, including reasonable attorney's fees and interest. Suits to recover a money judgment for unpaid Assessments or other charges shall be maintainable without foreclosing or waiving the lien provided for in this Declaration. The lien shall extend to all contiguous Lots owned by the Owner against whom the right or remedy is sought. b) If any demand for payment of claim of lien or liens is not paid when due as provided in this Declaration, the Board or its duly authorized representative may thereafter elect to file and record a claim of lien on behalf of the Association against the Lot of the defaulting Owner in the appropriate Office Of the Recorder of Deeds. Such claim of lien shall be executed and acknowledged by any officer of the Association and shall contain substantially the following information: i) The name of the delinquent Owner; 40 ii) The legal description and street address of the Lot against which the claim of lien is made; iii) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs and reasonable attorney's fees; iv) A statement that the claim of lien is made by the Association pursuant to this Declaration; and v) A statement that a lien is claimed against said Lot in an amount equal to the amount stated; together with all other amounts becoming due from time to time in accordance with this Declaration. c) Upon such recordation of the duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment or cost was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except as otherwise provided herein to the contrary. d) Any such lien may be foreclosed by appropriate action at law or in the manner provided by law for sale by a judgment creditor or in any other manner permitted by the laws of Missouri (including, without limitation, foreclosure of mortgages or common law procedures for establishing and foreclosing equitable liens). e) The lien provided for herein shall be in favor of the Association and shall secure payment of all stuns set forth in the claim of lien, together with all sums becoming due and payable in accordance with this Declazation after the date of recordation of said claim of lien. f) Upon the payment of the debt for which a notice of claim of lien was filed by the Board and the payment of all sums secured by the lien created by the recordation of such claim of lien, the Board shall cause an officer of the Association to file and record an appropriate release of such claim of lien in the Office of the Recorder of Deeds. 41 g) No Owner may waive or otherwise avoid liability for the Assessments provided for in this Declaration by non-use of the Common Area, or any part thereof, or any part of the property, or abandonment of his Lot. h) Each Owner does hereby waive to the extent legally possible, all rights to notices and defenses to any liens created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, and the benefit of any exception laws of the State of Missouri now in effect, or in effect from time to time hereafter. 4. Liquidated Damages for Developer. In addition to (but not in lieu of) the remedies of Association and Developer as herein provided (including but not limited to the right to receive equitable and injunctive relief), all Owners are deemed to recognize that violations of any portion of the Declaration will, so long as Developer is owner of any portion of the Property (or any constituent Lot thereof), result in damages to Developer which aze difficult if not impossible to ascertain at this moment (the parties and their successors in interest to the Property acknowledge that any such violations and breaches of the Declaration will have a negative impact on values of the portions of the Property still owned by Developer at the time of such violations breaches). a) Accordingly, if any Owner of any Lot shall violate or breach the Declaration (or any provision thereof) while Developer is owner of any portion of the Property (or any constituent Lot thereof), and if the violating or breaching owner shall not rectify or cure such violation or breach within two (2) days (the "Cure Period") after Developer shall give such Owner written notice generally describing the violation or breach, then in that event, the violating or breaching Owner shall pay to Developer special liquidated damages in the amount of $57.00 for each day (or any part thereof) after the expiration of such Cure Period that the violation or breach shall continue, provided however, the maximum liquidated damages assessable for any single uninterrupted violation or breach shall not in any event exceed $4,300.00 for any calendaz year, provided further, at such time as Developer is owner of less than 10 lots of the Property, the maximum liquidated damages assessable for any single violation or breach shall not in any event exceed $2,800.00 for any calendar year, provided further, at such time as Developer is owner of less than 5 lots of the Property, the maximum liquidated damages assessable for any single violation or breach shall not in any event exceed $1,750.00 for any calendar year. The parties expressly agree that the liquidated damages stated above are a reasonable advance estimate of special damages to Developer in the event of a breach or violation of the Declaration and that such liquidated damages aze not intended as a penalty. b) In any action or proceeding instituted by Developer for the recovery of such 42 liquidated damages, the violating or breaching Owner shall also reimburse Developer for Developer's reasonable attorney's fees, expenses, investigative costs and costs of the action therein incurred. c) Notwithstanding any provision of this section on Liquidated Damages which gives an Owner an opportunity to cure such Owner's default or breach after notice from Developer, if such Owner (including such Owners agents, servants, employees, tenants, invitees, contractors, subcontractors, material-men and suppliers) shall breach or make default under this Declaration two (2) or more times during the same calendar year and Developer, because of such breaches or defaults of like character, shall give Tenant two (2) written notices of breaches or defaults of like character, a subsequent breach or default of like character during the same calendaz year shall constitute an immediate default and breach, of this Declaration with respect to which Owner shall have no opportunity to cure same prior to Developer's commencement of its action at law to recover Liquidated Damages and attorney's fees. 5. No Waiver. The failure of the Developer, the Association, any Owner, his or its respective legal representatives, heirs, successors and assigns to enforce this Declaration shall in no event be considered a waiver of the right to do so thereafter as to similaz violation or breach occurring prior or subsequent thereto. 6. Additional Rules. The Board (but, during the Development Period, only with the express written consent of Developer, which consent maybe withheld in Developer's sole discretion) may adopt, amend, modify, and promulgate (and thereafter rescind, modify or revoke) other reasonable rules, regulations and procedures regarding the administration, interpretation and enforcement of the provisions of this Declaration. In so adopting, amending, modifying, promulgating, rescinding or revoking such rules, regulations and procedures, or in making any fmding, determination, ruling or order or in carrying out any directive contained herein relating to the issuance of permits, authorizations, approvals, rules or regulations, the Board and the Developer shall take into consideration the best interests of the Owners of the Property to the end that the Property shall be preserved and maintained as a Project of high quality, and shall seek to achieve the development of the Property in accordance with the standazds and objectives set forth herein. 7. Incorporation of Provisions in Deeds. a) Each grantee (including successors and assigns of each grantee), by accepting a Deed, lease or other instrument conveying any interest in any Lot, whether or not such instrument incorporates or refers to this Declaration, covenants for himself or 43 itself, its heirs, successors and assigns to observe, perform and be bound by the Declaration and to incorporate this Declaration by reference in any Deed or other conveyance of all or any portion of his interest in any real property subject hereto. b) The Deed, lease or other instrument conveying any interest in any Lot shall be deemed to include the following covenant notwithstanding that such covenant might not be expressed therein: "For the benefit of the grantor, Gate Woods Development, L.L.C. (including any successor or new developer), the Gate Woods Homes Association, Inc., and their respective heirs, successors and assigns, the grantee hereunder assumes the obligations of an Owner under the Declaration of Covenants, Restrictions, Easements, Charges, Assessments and Liens to which the property herein described is subject, and expressly agrees to comply with each provision thereof to the extent such provision applies to him or it.". This covenant, and any such covenant in any deed to any Lot, may be specifically enforced against the grantor or the grantee, or both. The failure to expressly include such language in a Deed shall not diminish or impair the liens, reservations, rights, obligations and restrictions contained in this Declaration, it being understood and agreed that this Declaration runs with the land (the Property) and shall be binding upon the Property from and after recordation of this Declaration. 8. New Developer Successorl. Anything herein mentioned to the contrary notwithstanding, the Developer may, by written instrument recorded by reference to this instrument, assign all or any portion of its rights as Developer to a third person or entity and, upon such recordation: a) The portion of the Developer's rights, powers, duties and obligations under this Declaration so assigned shall pass to the new developer so designated in such recorded instrument ("New Developer"). b) Neither the New Developer, the Association, the Members, nor the Owners shall assume any liability arising from the Developer's exercise of its rights and powers under this Declaration or its performance of, or failure to perform, its duties and obligations hereunder. Article XI Annexation Property Reservation of Right to Annex Property. Developer reserves and shall have the absolute unilateral right to expand the definition of the "Property" to include additional Lots and/or Common Areas and/or other land (herein the "Annexation Property"), and part of which then immediately adjoins any part of the then existing Property. 44 2. Method of Annexation. Such expansion may be accomplished by filing one or more Supplemental Declarations setting forth the Lots and other real property, If any, to be included in the expansion/annexation. The Supplemental Declazation, as it relates to the Annexation Property, may provide for covenants, conditions, restrictions and easements in addition to those herein stated or may delete some of the covenants, conditions, restrictions and easements herein stated, all in Developer's sole and absolute discretion. The expansion may be accomplished by one or more successive supplements or in one supplement. 3. Incorporation by Reference. In the event of any such expansion or annexation, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded (and shall be binding on the entire Property, including the Annexation Property) except as otherwise provided in the Supplemental Declaration. Article XII Miscellaneous 1. No Reverter. No Restriction herein is intended to be, or shall be construed as a condition subsequent or as creating a possibility of reverter. 2. Invalidi .The determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof, and to the extent that any term, covenant or condition contained in this Declaration is in conflict with any applicable laws, this Declaration shall be deemed to be amended so as to comply with applicable laws. 3. Violation and Nuisance. Any act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by the Developer, the Board or any Owner of a Lot. 4. Violation of Law. Any violation of any federal, state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Property is hereby declazed to be a violation of this Declazation and subject to any and all of the enforcement procedures set forth herein. 5. Remedies Cumulative. Each remedy set forth in this Declazation shall be in addition to all remedies whether available at law or in equity and all such remedies, whether or not set forth in this Declaration, shall be cumulative and not exclusive. 45 6. No Personal Liability. No member of the Board or DRC, officer of the Association, Developer, representative of Developer, member of any committee of the Association, whether such committee is specifically described in this Declaration or hereafter created by the Association, or Manager, if any, of the Developer shall be personally liable to any Owner, Member or to any other party for any damage, loss or prejudice suffered or claimed on account of any act, (including any oral representation regarding any aspect of a Lot whatsoever), omission, error, failure to act, or negligence of any such Board member, officer or committee member of the Association, Manager if any, the Developer or any Realtor representing the Developer in the sale of a Lot. Such limitation of liability shall apply in all cases, provided that such person has, on the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct. 7. Assienability. a) The Association shall be empowered to assign its rights, or any part thereof, to any successor public body, authority, agency, district or not-for-profit corporation (hereinafter referred to as the "Successor Entity"), and upon such assignment the Successor Entity shall have those rights and be subject to those duties assigned thereby and shall be deemed to have agreed to be bound by the appropriate provisions hereof to the same extent as if the Successor Entity had been an original party to the Declaration. Any such assignment shall be accepted by the Successor Entity which expressly assumes the duties and obligations thereby assigned. b) If for any reason the Association shall cease to exist without having fast assigned its rights hereunder to a Successor Entity, the covenants, restrictions, easements, charges and liens imposed hereunder shall nevertheless continue and any Owner may petition a court of competent jurisdiction to have a trustee appointed for the purpose of organizing anot-for-profit corporation and assigning the rights hereunder with the same force and effect, and subject to the same conditions, as provided in this Declaration with respect to an assignment and delegation to a Successor Entity. c) Any assignment or delegation of rights shall be approved by two-thirds (2/3) of the Members voting in person or by proxy at an Association meeting at which a quorum is present or voting in a referendum called for such purpose after proper notice is given. 8. Headines. The headings of the Articles and Sections hereof are for convenience only and shall not affect the meaning or interpretation of the contents of this Declaration. 46 9. Gender. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular shall be deemed to include the plural, and vice versa. 10. Effect of Violation of Declaration on Morteaee. No violation of this Declaration shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any portion of the Property; provided, however, that any mortgagee in possession or any purchaser at any foreclosure sale or any person in a similar position shall be bound and subject to this Declaration as fully as any other Owner of any portion of the Property, except as otherwise expressly provided herein to the contrary. 11. Delivery of Notices and Documents. a) Any written notice or other documents addressed to the Board or the Developer or the DRC relating to or required or permitted by the Declaration may be delivered either personally or by certified or registered mail, return receipt requested to 7 Main Street., Parkville, MO 64152 (or to such other addresses as the Board or the Developer or the DRC shall subsequently designate in a recorded instrument referring to this instrument by legal description as well as book and page of recording). If such notice is sent by certified or registered mail, it shall be deemed to have been given, delivered and received upon receipt thereof by the addressee. No such notice to the Board or the Developer or the DRC shall be effective unless a copy of same is sent (also by certified mail) to James G. Trimble, 7 Main Street Parkville, MO 64152. b) .Any written notice or other documents relating to or required or permitted by the Declaration (including but not limited to the billing of Assessments) may be delivered to an Owner or Member either personally or by mail unless other requirements are specifically made in any provision hereof. If by mail, it shall be deemed to have been given, delivered and received by the Owner or Member seventy-two (72) hours after a copy of same has been deposited in the United States mail (ordinarymail), postage prepaid, addressed to such Owner or Member, tathe _ address of any Lot owned, whether in whole or in part, by such Owner or Member, or to any other address last furnished by such Owner or Member to the Board. Each Owner or Member shall file his correct mailing address with the Boazd, and shall promptly notify the Board in writing of any subsequent change of address. 12. Local Laws Not Superseded. This Declaration shall not be construed as permitting any action prohibited by applicable zoning laws, or by the laws, rules or regulations of any governmental body, or 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 govern and control. 47 13. No Partition. None of the Common Property shall be subject to Partition, either at law or in equity, such right of Partition (if available) being expressly denied to all parties. 48 THIS DOCUMENT IS INTENDED TO CORRECT, REPLACE AND SUPERCEDE 'THE DECLARATION DATED AUGUST 8th, 2001 AS DOCUMENT 0014374, IN BOOK 952 PAGE 81. In Witness Whereof, this instrument has been executed by the Developer on the day and year first above written. STATE OF MISSOURI ) GATE 00 DEV PI~ENT, L.L. . By AMES G. TRIMBLE By ~ ~'. _ L LIE C. TRIMI )~ PH C. S DE B,,~,~~.~,r~,t~~~ . SANDRA L. SCHMUDE COUNTY„OF;PLATTE ) On this` ~I ~~ day of ~ 1 . i r~ ~ 2002 before me_appeared James G. Trimble Lillie C~Trimlile; Ralph C Schmude and Sandra L: Schmude who declared themselves to be all of the members-of GATEWOODS DEVELOPMENT, L.L.C. and to me known to be the persons described in, and who executed the foregoing instrument; and they acknowledged that they executed the same as their free act and deed of GATEWOODS DEVELOPMENT, LLC. WITnnNESS WHEREOF, I have hereunto set my hand, and affixed my notary seal, at my office in i't'C1 f ~'~/ i ~ 1 ~- ,the day and year above written. ota ublic in and for sai County and State . ~ _ ,..,.,,.. ....:...1. ..... ~ ~ "-NOTARY 5i_A=" ~ / '. ~^~ ~~ , eta " ow~r' .S'`x"~."°r~'~.~. + _ ,- ~, .. r.xun3rrn BKO°52PG~~8 All that part of the Southwest Quarter of Section 33,'1'ownship 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33; thence along the Cast line of said Southwest Qu:u-tcr, Nurtl+ 00 degrees 26 minutes, 13 seconds East, 699.49 (eet to a point 40 Ceet North of the Southeast corner of the North Half of the Southeast Quarter of the Southwest Quarter oC said Section 33; thence parallel to the South line of the North [{alf of said Quarter Quarter Section, North 89 degrees O8 minutes, 50 seconds Wcsl, 49.9 feet to a point on the West Right-of-Way line of Gateway llrivc as described by instrument recorded Ma}' 8, 1933 in 13oolc I at Page 132, said point also being on the North Right-of-\~Vay line of NW 50th Street as established by Flansen Ilcights a subdivision in said City, County and State; thence along the North Right-o[-Way line of said NW 50th street, 40 feet North of and parallel to the South line of the North Half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West. 333.80 feet; thence continuing along the North Right-ot-Way line of said NW 50th street, South 7G degrees, 49 minutes, l9 seconds West, 70.18 Ceet to the POINT O~ 13F,G[NNING; thence continuing along the North Right-of-Way line of said NW SOt6 street, South 7G dcgrecs,49 minutes, 19 seconds West, 94.80 feet to a point on the South line oC the North Nalf of said Quarter Quarter Section; thence along the South line of the North Half of said Quarter Quarter section ar-cl continuing along the North Right-of-Way line olsaid NW 50th Street, Noa'lh 89 degrees, 08 minatcs, 50 seconds Wcst, 160.35 feet (Hansen Heights IGO feet); thence continuing along the North Right-oC-Way line of said NW 50th Street the following courses and ctistanees; North 75 degrees, 09 minutes, 54 seconds West, IG5.55 feet; tl+ence Soutl- 8R degrees, 1G minutes, a5 seconds West, 407.85 feet; thcncc Icaviug We North Right-of-Way line of said N W 511th street, North 110 degrees, 21 minutes, 19 seconds West, 692.39 feet; thcncc North 24 degrees, 511 minutes, SG seconds West, 11 1.74 feet; thcncc North 49 degrees 12 minutes, 59 seconds West, 81.28 feet; thence North 12 degrees, 04 minutes, 51 seconds East, 454.04 feet to a point 20 chains East of the West line and ]0 chains South of the North line of the Southwest Quarter oCsaid Section 33; thence South 89 degrees, 28 minutes, 14 seconds East, 899.90 feet to the Northwest corner of a tract of land describes{ by Document No. B-3519, said point being 400 feet West of the East line of the Southwest Quarter of said Section 33; thence along the West line of said tract of land described by document No. B-3519, South 00 degrees, 2G minatcs, [3 seconds West, 329.75 feet (deed- 330.00 Ceet) to the Southwest corner tl+ereof; thcncc along the South line of said tract of land, South 89 degrees, 26 minutes, 04 seconds East, 43.02 feet to a point 300 feet West ot, as measured at right angles to, the West Right-of-Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Pagc 135; thence parallel to the West Right-of--Way line of said Gateway Drive, South 00 degrees, 40 rninutes, 47 seconds East, 333.76 Cect; tl+ence South 87 clegrces 18 minutes, 02 seconds East, 35.47 feet; thence South 89 degrees, 29 minutes, 32 seconds East, 264.65 feet to a point on the West Right-of-Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Pagc 132 (50 feet from the center line thereon; thcncc along the West Right-of-Way line of said Gateway Drive (50 feet from tl+c center lit+c thereof); Soutlr 00 degrees, 40 rtrir+utes,47 seconds East, 33.76 feet; thence continuing along tb~ West Right-of-Way lure of said Gateway Drive (50 feet from the center tine ther-coQ, South 00 dcgrccs, 27 minutes, l3 seconds West, 4G.2d feet, thcncc North 89 clegrces, 29 minutes, 32 seconds 1Vest, 266.87 feet; thcncc North 74 degrees, 50 minatcs. (17 seconds West, 34.25 feel to a point 3110 feet \Vest of, as measured al right angles to, the West Right-of-Way line of said Gatewa}• Drive; thcncc parallel t~ the west Right-or-way Gne nr Gateway Drive, Soulb OU dcgrccs, 27 minatcs, l3 seconds Wcst, 356.86 feet; tl-cnce South 7G dcgrccs, 42 minutes, S8 seconds West, 105.110 feel; thcncc South 00 dcgrccs, 27 n+innlc•s, 13 seconds \\'csl, 175.88 feel to the poir-1 of beginning, containing 2R.112 acres more or Icss. COVENANT AND AGREEMENT GATE WOODS DEVELOPMENT, LLC ("Owner") over the property described on Exhibit A, attached hereto and incorporated herein by this reference ("Property") has agreed that in connection with the development of the Gate Woods Subdivision that the undersigned will pay for the share identified below of the costs of the improvement of 50`h street adjacent to the South side of the property and which is deemed necessary for the development of the property. The owner will deposit with the City of Riverside, who will be responsible for the design and construction of that portion of 50"' Street, a sum equal to 50% share of the costs of such construction but excluding any cost for design or replacement of any drainage structure under 50`h Street . The owner shall be obligated to pay such amount to the City of Riverside prior to awarding a contract for the work. In the event the deposit exceeds the 50% share, then the balance may be refunded to the owners and in the event that 50% of the cost exceeds the deposit, then the owner shall be obligated to pay such additional amount to the City of Riverside within thirty (30) days of being billed by City and prior to the issuance of any further permits.. 1=be-ent~ecl~Q~ d c-eon , . This Covenant may be enforceable by the City of Riverside or any subsequent owners of all or any part of said described property. This Covenant shall run with the land and be binding upon successors and assigns. STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) ~~ , 2000, before me, appeared James G. On thisD~ day of ry I Cl Trimble, and Ralph Schmude to me personally known, who being by me duly sworn, did say that they are Members of Gate Woods Development, L.L.C., a Missouri limited liability company, and that said instrument was signed in behalf of said limited liability company buy authority of its Operating Agreement and said James G. Trimble and Ralph Schmude acknowledge said instrument to be the free act and deed of said limited liability company. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal at my office the day and year last ab ritten. Notary ublic My Commission Expired: NOTARYPUBL[CSI'A OPML,~O~ PLAT7E CO ON EXP. DEC 23,2001 APPROVED: City Attorney EXHIBIT A DESCRIPTION All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33, thence along the East line of said Southwest Quarter, North 00 degrees, 26 minutes, 13 seconds East 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33, thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8,1933 in Book 1 at page 132, said point also being on the North Right-of-Way line of NW 50th Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of--Way line of said NW 50`h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of-Way line of said NW 50`n Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of--Way line of said NW 50te Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS =160 feet); thence continuing along the North Right-of-Way line of said NW 50`h Street the following courses and distances; North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of--Way line of said NW 50`h Street, North 00 degrees, 21 minutes, 19 seconds West, 692.39 feet; thence North 24 degrees, 50 minutes, 56 seconds West, 111.74 feet; thence North 49 degrees, 12 minutes, 59 seconds West, 81.28 feet, thence North 12 degrees, 04 minutes, 51 seconds East, 454.04 feet to a point 20 chains East of the West line and 10 chains South of the North line of the Southwest Quarter of said Section 33, thence South 89 degrees, 28 minutes, 14 seconds East, 899.90 feet to the Northwest corner of a tract of land described by Document No B - 3519 said point being 400 feet West of the East line of the Southwest Quarter of said Section 33; thence along the West line of sa-d tract of land described by Document No B -3519. South 00 degrees, 26 minutes, l3 seconds West, 329.75 feet (deed = 330.00 feet) to the Southwest corner thereof; thence along the South line of said tract of land, South 39 degrees, 26 minutes, 04 seconds East, 43.02 feet to a point 300 feet West of, as measured at right angles to the West Right-of--Way line of Gateway Drive as described instrument recorded May 8,1933 in Book 1 at Paage 135; thence parallel to the West Right-of--Way line of said Gateway Drive, South 00 degrees, 40 minutes, 47 seconds East, 338.37 feet; thence in an Easterly direction along a curve to the left (having a radius of 95.00 feet and on initial tangent bearing of South 67 degrees, 46 minutes, 24 seconds East), 36.01 feet to a point of tangent; thence South 89 degrees, 29 minutes, 32 seconds East, 265.05 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Page 132 (50 feet from the center line thereof); thence along the West Right-of--Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 40 minutes, 47 seconds East, 23.76 feet; thence continuing along the West Right-of--Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 27 minutes, 13 seconds West, 36.24 feet; thence North 89 degrees, 29 minutes, 32 seconds West, 265.58 feet to a point of curve; thence in a Westerly direction, along a curve to the right (having a radius of 155.00 feet), 34.72 feet to a point 300 feet West of, as measured at right angles to, the West Right-of-Way line of said Gateway Drive; thence parallel to the West Right-of-Way line of said Gateway Drive, South 00 degrees, 27 minutes, 13 seconds West, 362.06 feet; thence South 76 degrees, 42 minutes, 58 seconds West, 105.00 feet; thence South 00 degrees, 27 minutes, 13 seconds West, 175.88 feet to the point of beginning, containing 27.978 acres more of less. AMENDMENT TO COVENANT AND AGREEMENT Gate Woods Development L.L.C. ("Owner") of the property described on Exhibit A attached hereto and incorporated herein by reference ("Property") and the City of Riverside, Missouri hereby agree that the Owner's share of the costs of construction of 50`h Street pursuant to the Covenant and Agreement dated March 23, 2000, is $58,500.00. OWNER: GATE W,OOD5 DE~!ELOPMENT, L.L C. { By: " ~~ ~ ~_ ~~ ~ By: CITY: ATTEST: / ' ~/, City Clerk ', By `r ' / ~~ ~~ ~' ~ J By: . i% i ', - i ` ~~: ~'' ti' . ~ , ~~ /' ', THE CITY OF RIVERSIDE, MISSOURI .~ Betty Burc lvlayor 1 ACKNOWLEDGEMENTS STATE OF MISSOURI ) ss. COUNTY OF PLATTE ) - On thisc~_"day of`~. ' ~ '~'~ , 2002, before me appeared James G. Trimble, Lillie C. Trimble, Ralph C. Schmud d Sandra L. Schmude, who declare themselves to be all of the members of Gate Woods Dt~velopment, L.L.C., and to me known to be the persons described in, and who executed the foregoing instrument; and they acknowledged that they executed the same as the free act and deed of Gate Woods Development, L.L.C. IN I~NESS WI~EI~EOP, I have hereunto set my hand and affixed my notary, at my office in ~ ~,~ ',the day and year above written. l ~_ -~ . No ry Public commission expire~:.- ~r ,>" i'{%,~ll~S LOUISE F. RUSICK ,/ Notary Public -Notary Seal Stale of Missouri Platte County My Commission Expires Aug. 28, 2005 STATE OF MISSOURI COUNTY OF PLATTE ss. On this the day of , 2002, before me appeared Betty Burch, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the City of Riverside, a political subdivision, known to me to be the person and officer whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes and consideration therein expressed, and as the free act and deed of said City, and in the capacity therein stated, all by authority of its Board of Aldermen. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year last above written. Notary Public My commission expires: 2 OFFER OF DEDICATION KNOW ALL PERSON BY THESE PRESENTS: FOR RECORDERS USE ONLY THIS OFFER OF DEDICATION is made and executed this day of March, 2000 by, and between, GATE WOODS DEVELOPMENT, LLC as ("Owner") and the CITY OF RIVERSIDE, MISSOURI, a Missouri Municipality ("CITY") WITNESSETH THAT: WHEREAS, Owner owns certain real estate in Riverside, Platte County, Missouri, as described in the attached EXHIBIT A., and WHEREAS, the City has zoned said property as a Planned Development District and approved a preliminary Plat for development of 73 Patio Homes, and WHEREAS, pursuant to Section 485.200 if the City Zoning Ordinance the final Plat shall contain an irrevocable offer for dedication to the City all streets municipal use, easements, parks and required utilities shown in the Subdivision Plat and construction plans, and WHEREAS, a final plat has been submitted to the city for Gate Woods Subdivision, Is` Plat, the owners hereby make an irrevocable offer and agreement to make such dedications at such time as said final plat is approved and agree that this document shall dedicate the necessary right of way for the improvement of 50`h street in the event that City is prepared to do work in that road prior to the final plat being approved and filed. The description of the right of way so dedicated is attached hereto as EXHIBIT B. This Agreement shall bind, and inure to the benefit, of the parties hereto, and their respective tra sferees, successors, and assigns, and shall run with the land. IN T EREOF, the parties hereto have executed this Agreement on the day and year bov ~atte GAfTE WO DEVELOPMEN LC By B C. Jame~~G. Trimble Ralph Schmude STATE OF MISSOURI ) COUNTY OF PLATTE ) ~~ day of March, 2000 before me appeared James G. Trimble and On this Ralph Schmude who declared themselves to be authorized to execute instrument on behalf of GATE WOODS DEVELOPMENT, LLC and to me known to be the persons described in, and who executed the foregoing instrument; and they acknowledged that they executed the same as their free act and deed, of GATE WOODS DEVELOPMENT, LLC to WITNES WHE E~OF, I have he,~renupto set my hand, and affixed my notary seal, at my officg in ~G Y` ~'~/~ i ~ ~ -Q ~ ~ " I ~ ~~~~ r i ,the day and year above written. APPROVED: City Attorney h10TNtY PI16 SATE OF MISSp[]~ PLA77E CO[INfy ~ EMISSION EXP ng~ ~~~_ EXHIBIT A DESCRIPTION All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33, thence along the East line of said Southwest Quarter, North 00 degrees, 26 minutes, 13 seconds East 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33, thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of-Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at page 132, said point also being on the North Right-of-Way line of NW 50th Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of--Way line of said NW 50`h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of--Way line of said NW 50'h Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of--Way line of said NW 50'h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of--Way line of said NW 50`h Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS =160 feet); thence continuing along the North Right-of-Way line of said NW 50`" Street the following courses and distances; North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of--Way line of said NW 50"' Street, North 00 degrees, 21 minutes, 19 seconds West, 692.39 feet; thence North 24 degrees, 50 minutes, 56 seconds West, 111.74 feet; thence North 49 degrees, 12 minutes, 59 seconds West, 81.28 feet, thence North 12 degrees, 04 minutes, 51 seconds East, 454.04 feet to a point 20 chains East of the West line and 10 chains South of the North line of the Southwest Quarter of said Section 33, thence South 89 degrees, 28 minutes, 14 seconds East, 899.90 feet to the Northwest corner of a tract of land described by Document No B - 3519 said point being 400 feet West of the East line of the Southwest Quarter of said Section 33; thence along the West line of said tract of land described by Document No B -3519. South 00 degrees, 26 minutes, l3 seconds West, 329.75 feet (deed = 330.00 feet) to the Southwest corner thereof; thence along the South line of said tract of land, South 39 degrees, 26 minutes, 04 seconds East, 43.02 feet to a point 300 feet West of, as measured at right angles to the West Right-of--Way line of Gateway Drive as described instrument recorded May 8, 1933 in Book 1 at Paage 135; thence parallel to the West Right-of--Way line of said Gateway Drive, South 00 degrees, 40 minutes, 47 seconds East, 338.37 feet; thence in an Easterly direction along a curve to the left (having a radius of 95.00 feet and on initial tangent bearing of South 67 degrees, 46 minutes, 24 seconds East), 36.01 feet to a point of tangent; thence South 89 degrees, 29 minutes, 32 seconds East, 265.05 feet to a point on the West Right-of--Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Page 132 (50 feet from the center line thereof); thence along the West Right-of-Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 40 minutes, 47 seconds East, 23.76 feet; thence continuing along the West Right-of--Way line of said Gateway Drive (50 feet from the center line thereof), South 00 degrees, 27 minutes, 13 seconds West, 36.24 feet; thence North 89 degrees, 29 minutes, 32 seconds West, 265.58 feet to a point of curve; thence in a Westerly direction, along a curve to the right (having a radius of 155.00 feet), 34.72 feet to a point 300 feet West of, as measured at right angles to, the West Right-of-Way line of said Gateway Drive; thence parallel to the West Right-of--Way line of said Gateway Drive, South 00 degrees, 27 minutes, 13 seconds West, 362.06 feet; thence South 76 degrees, 42 minutes, 58 seconds West, 105.00 feet; thence South 00 degrees, 27 minutes, 13 seconds West, 175.88 feet to the point of beginning, containing 27.978 acres more of less. EXHIBIT B LEGAL DESCRIPTION OF ADDITIONAL ROAD R/W DEDICATION FOR 50~" STREET, RIVERSIDE, MISSOURI. All that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 33; thence along the East line of said Southwest Quarter North 00 degrees, 26 minutes, 13 seconds East, 699.49 feet to a point 40 feet North of the Southeast corner of the North half of the Southeast Quarter of the Southwest Quarter of said Section 33; thence parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 49.9 feet to a point on the West Right-of-Way line of Gateway Drive as described by instrument recorded May 8, 1933 in Book 1 at Page 132, said point also being on the North Right-of-Way line of NW 50`h Street as established by HANSEN HEIGHTS, a subdivision in said City, County and State; thence along the North Right-of-Way line of said NW 50`h Street, 40 feet North of and parallel to the South line of the North half of said Quarter Quarter Section, North 89 degrees, 08 minutes, 50 seconds West, 333.80 feet; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 70.18 feet to the POINT OF BEGINNING; thence continuing along the North Right-of-Way line of said NW 50`h Street, South 76 degrees, 49 minutes, 19 seconds West, 94.80 feet to a point on the South line of the North half of said Quarter Quarter Section; thence along the South line of the North half of said Quarter Quarter Section and continuing along the North Right-of-Way line of said NW 50"' Street, North 89 degrees, 08 minutes, 50 seconds West, 160.35 feet (HANSEN HEIGHTS = 160 feet); thence continuing along the North Right-of-Way line of said NW 50`n Street the following courses and distances: North 75 degrees, 09 minutes, 54 seconds West, 165.55 feet; thence South 88 degrees, 16 minutes, 45 seconds West, 407.85 feet; thence leaving the North Right-of--Way line of said NW 50"' Street, North 00 degrees, 21 minutes, 19 seconds West, 5 feet; thence North 88 degrees, 16 minutes , 45 seconds East 408.46 feet; thence South 82 degrees, 00 minutes, 53 seconds East 322.36 feet; thence North 76 degrees, 49 minutes, 19 seconds East, 95.40 feet; thence South 00 degrees, 27 minutes, 13 seconds West, 5 feet to the point of beginning. Jun-07-02 O2:55P 5876951 P_O3 PERMANENT IIRAINACE EASEM ANT Gate Woods Development,L.L.C.,Grantor, doeshereby grant and convey a Ferpetual Right- of-Way and Permanent Drainage Easement to the Gate Woods Homes Association, its successors or assigns, Grantee, through and across the following described property owned by it, located in Riverside, Platte County, Missouri, to wit: A tract of land in the Southwest Quarter of Section 33, Township 51, Range 33, in Riverside, Platte County, Missouri, being described as follows' Beginning at a point of the East line of said Southwest Quarter which is 660 feet South of the center of said Section; thence North 89 Degrees 52 Minutes 38 Seconds West parallel with the North line of said Southwest Quarter 700 feet to the true point of beginning; thence due North parallel with the East line of said Southwest Quarter 140 feet; thence North 89 Degrees 52 Minutes 38 Seconds West. parallel with the North line of said Southwest Quarter 325 feet more or less to Jumping Branch Creek. Thence Southerly along said creek to a point where it intersects with a continuation of a line which is 660 feet South and parallel with the North line of said section, thence East on said line to the point of beginning. Grantee shall have the right at all tunes to go upon the land herein described to construct, maintain and repair the said Permanent Arainage Easement as maybe necessary, and nothing in this Easement shalt be construed so as to grant any tight tv said Grantee which shall in any way interfere with the safe and unrestricted use by Grantor of the land and Grantor shall not use or attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said Easement and specifically shall not build thereon any structure (except walkways, grass, shrubs and fences) which may interfere with the maintenance and repair of said Easement. It is agreed that this Easement shall be a Covenant running with the land and binding on both the Grantor and Grantee and their successors in title. IN WITNESS WHEREOF: GATE WOODS DEVELOPMENT, L.L.C., through its members, has set its hand this _ day of June, GAT1~ WO~S I~EV)YLOPM~I~, L.L.C. ~ AMES G. TRIIvIBLE BY' 1J.. ~ ~•~ BY:~~F~j(~!v L ~//C~ti~Q~ RALPH C. S~HMUDE f BY: SANDRA L. SCHMUDE ACKNOWLEDGMENT STATE OF MISSOURI) .~.-~~ ss __ COUNTY OF PLATTE) On this day of June, 2002, before me, appeared James G. Trimble, Lillie C. Trimble, Ralph C. Schmude and Sandra L. Schmude, who declared themselves to be all of the members of GATE WOODS DEVELOPMENT, L.L.C., and to me brown to be the persons described in, and who executed the foregoing instrument; and they acknowledged that they executed the same as the free act and deed of GATE WOODS DEVELOPMENT, L.I,.C.. WITNESS WHEREOF, I have hereunto set my hand and affixed my notary, at my office m ~.f 1/ i ~ ~~ the day and year above written. Jun-07-02 02:54P 5876951 P_02 ~, - . ' _ Y 1 - 1 x t ~ _ ~-- _. ... , - r ~. ~"t, ~~ ,, ,i ~, ~ ~ i .~r. ~- - r.- I , r .. •- / ,~. :w ~, ~ ~ ~ I I I' I I ~ Ir loll 11 _., I .. ~ ~ ~ ~ i . ~ ~ ~~ i ' ~ 1 "l. ..~. I - ._ - ~ t~ _ ~ r l f - ~/ - "3 .. ~ ~ ~ -~ +. , , ~ ', .~. -.- ~~ .Z .. / ~~~ Vi -1~ ,-. .i .. ~ . f ~ .- ~ , i _ .. .. 7~'T_ JJJ ~ . ~. ....._ .. tj tl ~~ . ~~1{- I _ =' '~ _ '~ ~~ _ A _ J._ !. 1 _ ~ _. .,.... COMBS-CRAIG ENGINEERING CORPORATION Phone: (816) 221-5681 202 East 18th Ave. North Kansas City MO 64116-3604 Fax: (816) 221-5682 GATE WOODS DEVELOPMENT, L.L.C. 5503 Fox Hill Road Parkville, MO 64152 Re: Maintenance work on Storm Drainage Systems at Gate Woods Subdivision It is my recommendation that the following work be done to address the maintenance issues, previously discussed and which were raised by the City Staff Report at the recent public hearing in Riverside. SWALE No. 1 The base at the North end of the Swale should be widened to a minimum of 6 feet. The stacked rock wall will be extended to the North end of the project along the West side of the Swale. The East slope adjacent to the Swale, where the cedar trees are located, should be re-graded to match the adjoining slope behind Lot 23 Gate Woods first Plat (Lot 20 proposed amended Plat). OUTFACE FROM STORM SEWER # 3 Re-grade the area, to establish a gradual drop from the end of Storm Sewer #3 to the bridge which has been installed for the trail Remove existing rocks from the outfall and restack the rocks along each side to form a channel to the point where the drainage from the North converges with the outfall. Rip rap would then be placed in the channel to this point in order to control erosion and slow down the water velocity. From that point to the North head wall of the Trail bridge the land can be stabilized with vegetation. The head wall above the bridge should be extended one more rock layer in height and stabilized with a concrete mix so that no water can run behind the rocks. EROSION IN NORTH UPPER HEAD WALL AT GATE WAY DRIVE AND 50TH STREET The erosion which has occurred here is a result of a discharge from a temporary berm which was installed to intercept water flowing from Phase IL This berm was not extended all the way to the creek and the result was that water flowed behind the head wall of the stacked rock. The solution to this problem is to extend the temporary berm to the creek, which is the ditch line of 50th Street, and rebuild the damaged head wall. This would involve removing part of the rock, regrading and reinstalling the layer rock in a workman like manner over a concrete mix base. ~r~ ~ ~~~ Robert A. Combs, Jr., P.E., P esident c ~ -~, S< < LC s ~ iJ -- - - - --