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gobert T. Kelly, Dirsotor, Recorder Of Deeds
‘RECORDER'S CERTIFICATION AREA.
Title/Type of Document: First Amendment to Declaration
of Restrictions of Belmont Farms
Date of Document: September 22, 2012
Grantor(s): MDL Investments, Inc.
Granteo(s): MDL Investments, Inc.
Grantee(s) Mailing Address: 908 SW Drake Dr.
‘Lee’s Summit, MO 64082
Legal Description: Located on Page
Reference: 20021-0115719
Remrn documents to: Gerald W. Furnell, LLC
Attorneys at Law
P.O. Box 1215
‘Lee's Summit, MO 64063First Amendment to
Declaration of Restrictions
of
BELMONT FARMS
‘THIS FIRST AMENDMENT to the Declaration of Restrictions for BELMONT FARMS,
made this_@O_ day of September, 2012.
WITNESSTH:
WHEREAS, certain Declarations of Restrictions were originally filed ofrecord on December
13,2002, in the Office of the Jackson County, Missouri Recorder of Deeds as Document No. 20021-
0115719, and
WHEREAS, the undersigned Declarant, pursuant to a transfer of Declarant’s Rights dated
May 21, 2012 and recorded June 5, 2012 in the Office of the Jackson County Recorder of Deeds as
Document No. 2012E0060219, and owner of at least 25% of the real property in the subdivision,
and
more fully described in Exhibit A, attached hereto and incorporated herein;
WHEREAS, the undersigned now desire to change, modify and amend the Declaration of
Restrictions.
NOW THEREFORE, in consideration of the premises contained herein and pursuant to
Article X, of the aforesaid Declaration, the undersigned, for itself, its successors and assigns, and
ffor all future grantees and assigns, hereby amend the Declaration of Restrictions as follows:
1, Amend ARTICLE I - DEFINITIONS, as follows:
Section 1(£)- The term “Architectural Control Committee” shall mean a committee
comprised of the officers of MDL Investments, Inc.,a Missouri Corporation, which shall have suchpowers and duties as are hereafter set forth in this Declaration. The committee may designate a
representativeto act forit. The membership of said Committee, as well as its powersand duties, may
be changed at any time by written{nstrument signed by those persons who, under the provision of
Article IX hereof, would be entitle to modify this Declaration of Restrietions, such instrument to be
‘effective upon the date of its recording in the office of the Recorder of Deeds of Jackson County,
Missouri.
Section 1(g)- The term “Declarant” shall mean MDL Investments, Inc., a Missouri
Corporation, its successors and assigns, including any assignee appointed.
2 Amend ARTICLE III -. ‘CUP s CY RESTRI
follows:
Section 1(d)~ SquareFootnge, No residence at BELMONT FARMS shall be erected
‘on any platted subdivision lot, or upon any property legally described in soid plat, having less than
the following square fodiage:
With the exception of a one story true ranch which shall be addressed hereafter, all
residences constructed or maintained in the subdivision shall have an enclosed floor area of at least
2400 square feet, of which the following number of square feet shall be at grade level:
Type of Residence ‘Square Feet Required at Grade Leve}
‘Two Story 1000 sq, ft first floor - 2400 sq, ft. total
‘One & One-Half Story 2400 5q, ft. total
Reverse Story & One-Half 1500 sq. ft. - 2400 sq, ft total (finished)
‘One Story True Ranch 1750 sq. ft. main floor
Inaddition to the square footage requirementsherein, all residences shall have a three (3) car garage.Asused herein, the term “enclosed floor area” shall mean and include, in all cases, areas on.
the first and second floors ofa residence enclosed und finished forall year occupancy, computed on
outside measurements, and shall not mean or include any areas in basements, garages, porches or
attics; provided however, that certain interior areas above the first floor need not be immediately
finished for occupancy ifthe residence is so designed and built that such areas can be finished at a
later date without any structural changes being madeto the exterior of said residence. This, however,
oes not apply to the reverse story and one-half which requires first floor area below grade to be
finished, unless the first floor contains 2400 sq. ft,
Section 2 - Roof, All residences in BELMONT FARMS shall have laminated
shingles colored "weather wood", unless an alternate color is approved in viriting by the
Architectural Control Committee, consisting ofa life time warranty with a wind load of not less than
110 miles per hour. Tile, stucco or concrete roofs may be installed with prior written approval of
the Declarant or the Architectural Control Committee.
Section 17 - Shall be deleted in its entirety.
Section 22 - Outbuildings Prohibited, No outbuilding, shed or other detached
structure may be erected on any parcel or lot,
3. Amend ARTICLE IV - BUILDING MATERIAL REQUIREMENTS as follows:
Exterior walls of all building, structures and all appurtenances thereto’ in the
subdivision shall be of brick, stone, stueco, wood, shingle, wood siding, wood paneling, glass blocks,
plate glass, masonite, or any combination thereof, Windows, doors, and louvers shall be of wood,
vinyl, metal or glass. No other building products or materials shall be used unless first approved in
writing by the Declarant or the Architectural Control Committee.4. Amend ARTICLE VI - ADDITIONAL REQUIREMENTS, as follows:
Section 2, Except as provided in ARTICLE IN, Section 7, no radio aerial wires,
television antennas, satellite dishes, or radio towers shall be maintained in the subdivision. No
television or radio towers shall be constructed. Radio acrial wires or television antennas installed
‘on any residence shall be constructed in the enclosed attic,
All other provisions, covenants, conditions and or restrictions contained in the Declaration
of Restrictions of BELMONT FARMS previously identified herein shall remain unchanged and in
full force and affect.
IN WITNESS WHEREOE, the undersigned hns hereunto caused this First Amendment to
Declaration of Restrictions of BELMONT FARMS to be signed in its behalf by the Corporation
hereunto duly authorized to do so the day and year first written above.
MDL INVESTMENTS, IN
x
David W. Ward, President
By;
STATE OF MISSOURI )
dss
COUNTY OF JACKSON)
On this ZO _ day of September, 2012, before me a notary public within and for the said state,
‘personally appeared David W. Ward, tome personally known, who being duly sworn, did say that he is the
Presidentof MDL Investments, In., a Missouri Corporation, and that said instrument was signed on behalf
of said corporation by authority of its Board of Directors, and said David W. Ward acknowledged said
instrument to be the free act and deed of said corporation.
IN WITNESS WHEREOF, I have here
day and year above written,
signature and affixed my notary seal, the
SERO WF
Notety PBI NaleEt sea)
“dsiest,
rnEXHIBIT A
Legal Description
THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTH 15
ACRES OF THE NORTHEAST QUARTER OF THE SAID SOUTHEAST
QUARTER ALL IN SECTION 32, TOWNSHIP 47; RANGE 31, IN LEE’S
SUMMIT, JACKSON COUNTY, MISSOURI, EXCEPT THAT PART IN
SADDLEBROOK EAST 1°" PLAT, SADDLEBROOK EAST 2” PLAT,
SADDLEBROOK EAST 3°” PLAT AND SADDLEBROOK EAST 4™ PLAT,
ALL ARE SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC
HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS.
Including Lots 1-49 and Tracts M-N, Belmont Farms, First Plet, a subdivision in
Lee's Summit, Jackson County, Missouri
Note: The Declaration as to the above-described property contains the following
incorrect description;
THE WEST HALF OP THE SOUTHWEST QUARTER AND THE NORTH 15
ACRES OF THE NORTHEAST QUARTER OF THE SAID SOUTHEAST
QUARTER ALL IN SECTION 32, TOWNSHIP 47, RANGE 31, IN LEE’S
SUMMIT, JACKSON COUNTY, MISSOURI, EXCEPT THAT PART IN
SADDLEBROOK FAST 1 PLAT, SADDLEBROOK EAST 2" PLAT,
SADDLEBROOK EAST 3" PLAT AND SADDLEBROOK EAST 4™ PLAT,
ALL ARE SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC
HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS.
AND, as added by Instrument No, 201260027382:
LOT 89, BELMONT FARMS-SECOND PLAT, A SUBDIVISION IN LEE’S
SUMMIT, JACKSON COUNTY, MISSOURI.
LOTS 118, 119, 120, 124, 125 AND 126, BELMONT FARMS-3®? PLAT, A
SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI
LOT 130, LOTS 132 THRU 136, LOTS 138 THRU 139, LOTS 141 THRU 175
AND TRACT P, BELMONT FARMS-4™ PLAT, A SUBDIVISION IN LEB'S
SUMMIT, JACKSON COUNTY, MISSOURI
5 wasnsri03RECORDER'S CERTIFroATION
SREKSON COUNTY, MESSOURT
03/14/2012 01:34:34 PM
INSTRUMENT TYPE: REST FEE: $20.00 4 Ponts
HANA
INSTRUMENT NUNBER/200K & PAGE
2012E0027382
ROBERT T. KELLY, DIRECTOR, RECORDER OF DEEDS
(Space above reserved for Recorder of Deeds certification)
Title of Document: Subjection of Additional Land to Declaration of
Restrictions of Belmont Farms
Date of Document: March /3, 2012
Grantor: HCB Investors Missouri, LLC
Grantee: HCB Investors Missouri, LLC
Statutory Mailing Addresses of Grantee: 11111 W. 95" Street, Overland Park, Kansas 66214
i Legal Description: See Exhibit A
Reference Book and Page(s): 200210115719
200310027457
WASTEGLLSUBJECTION OF ADDITIONAL LAND TO
DECLARATION OF RESTRICTIONS OF BELMONT FARMS
THIS DOCUMENT is made by HCB Investors Missouri, LLC, a Missouri limited
liability company, as of March /3 , 2012, for the purpose of subjecting additional land owned by
itto the terms, covenants, provisions and restrictions of that certain Declaration of Restrictions of
Belmont Farms dated December 10, 2002 and recorded with the Jackson County Recorder of
Deeds on December 13, 2002 as Instrument No. 200210115719 and amended by First Amended
Declaration of Restrictions of Belmont Farms dated March 6, 2003 and recorded March 7, 2003
as Instrument No. 200310027457 (as amended, the “Declaration”),
HCB Investors Missouri, LLC is the holder of the rights of the Declarant under the
Declaration and the owner of the real property described on attached Exhibit A hereto (the
“Additional Property”). Pursuant to Article VIII of the Declaration, Declarant has the right to
subject other real property owned by it to the terms, covenants, provisions and restrictions of the
Declaration,
HCB Investors Missouri, LLC, in its capacity as Declarant, for itself and for its
successors and assigns and for future owners of the Additional Property, does horeby agree and
declare that, effective upon the filing of this document with the Reoorder of Deeds of Jackson
County, Missouri at Independence, the Additional Property shall be subject to the terms,
covenants, provisions and restrictions contained in the Declaration (if not already so subject), as
if the Additional Property had been originally described in the Declaration and subjected to the
provisions thereof.
IN WITNESS WHEREOF, HCB Investors Missouri, LLC has excouted this document as,
of the day and year first above written,
HCB INVESTORS MISSOURI, LLC, a
Missouri limited liability
By: Bank Midwest, N.A., its Manager
P. Forgoy, Vice Presi
WA3378361.ACKNOWLEDGEMENT
STATEOFTV\SSOur! )
388
COUNTY OR JaCKSON )
onthis 13 day of March, 2012, before me personally appeared Jon P. Forgey to me
personally known, who, being by me duly sworn, did say that he is a Vice President of Bank
‘Midwest, N.A., which is the Manager of HCB Investors Missouri, LLC, a Missouri limited
liability company, and that this instrument was signed on behalf of said national association and
limited liability company and Jon P. Forgey acknowledged this instrument to be the free act and
deed of the national association and said limited liability company,
IN TESTIMONY WHEREOE, I have hereunto set my hand and affixed my official seal
on the day and year next written above.
My Commision expres: 429-4)! Y Sandra R Stompseas,
3 WARITB6L.EXHIBIT A
Legal Description
LOT 89, BELMONT FARMS-SECOND PLAT, A SUBDIVISION IN LEE’S
SUMMIT, JACKSON COUNTY, MISSOURI.
LOTS 118, 119, 120, 124, 125 AND 126, BELMONT FARMS-3"? PLAT, A
SUBDIVISION IN LEE’S SUMMIT, JACKSON COUNTY, MISSOURI
LOT 130, LOTS 132 THRU 136, LOTS (38 THRU 139, LOTS 141 THRU 175
AND TRACT P, BELMONT FARMS-4™ PLAT, A SUBDIVISION IN LEE’S
SUMMIT, JACKSON COUNTY, MISSOURI
4 WASITAI6LIRECORDER'S cERsTEICATION
JACKSON COUNTY, ISSOURT
12/15/2002 11:23:01 A
INSTRUMENT TYPE: REST FEE
WL iin
T MUBER/BOCK & PACE: =
NaRY HELEN MURPHY, DIRECTOR OF RECORDS
070% (Space above reserved for Recorder of Deeds certification) 3
Title of Document: Daclaration of Restrictions
of Belmnt Fars
Pate of Document: receiver 10, 2002 ~
Grantor(s): Investors Limited Inc
(wailing Address: Clen Jones
500 SW Market, Tee's Summit, Yo 64063)
Gestetner rae ete
Grantee(s) Mailing Address:
Tots 1M9 and Tracts MLN,
Legal Deseription:, Belmont Fame, rirst Plat, a subdivision in
Tee's Summit,’ Jackson County, Missouri
Reference Book and Pages(s):
Of tore is not sufficient apace on this page for the information required, state the page
reference where it is contained within the doctament.)
>DECLARATION OF RESTRICTIONS
or
BELMONT FARMS
‘THIS DECLARATION, made on the date hereinafter set forth by Investors Limited LLC,
a Missouri Limited Liability Corporation, of the County of Jackson, State of Missouri, owner of
the platted lots of real property legally described herein on the date of the execution hereof,
hereinafter referred to athe “Declarant”. -
‘WITNESSETH:
WHEREAS, Declarant is the owner of certain property located in the County of Jackson,
State of Missouri more particularly described as:
‘THE WEST HALF OF THE SOUTHWEST QUARTER AND THE
NORTH 15 ACRES OF THE NORTHEAST QUARTER OF THE,
SAID SOUTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP
47, RANGE 31, IN LEE’S SUMMIT, JACKSON COUNTY,
‘MISSOURI, EXCEPT THAT PART IN SADDLEBROOK EAST 1°
PLAT, SADDLEBROOK EAST 2” PLAT, SADDLEBROOK EAST
38° PLAT AND SADDLEBROOK EAST 4™ PLAT, ALL ARE
SUBDIVISION OF RECORD, AND EXCEPT THAT PART IN DOC
HENRY ROAD CONTAINING 59.1893 ACRES MORE OR LESS,
WHEREAS, Declarant will convey said properties, subject to certain protective
conditions, resttictions, reservations, len and charges as hereinafter set forth;
NOW, THEREFORE, Declarant hereby declares that all ofthe properties described above
sbali be held, sold and conveyed subject to the following easements, restrictions, and conditions,
all of which are for the purpose of enhancing and protecting the value, desirability and
aitractiveness of the real property. These easements, restrictions, and conditions shall run with
the real property and shall be binding on all other parties having or acquiring any right, ttle or
interest in the described properties or any part thereof, and shall insure to the benefit of each
owner thereof.
ARTICLE
DEFINITIONS
‘Section 1. Definitions: As used herein,
‘a, The term *lot" shall mean a parcel of land conveyed for use as a building site
for a residenée iad may be cither a platted lot or a parcel of land consisting
of more or less than one platted lot.
1The term “comer lot” shall mean a lot that abuts on more than one street.
Any lot, except a corner lot, shall be deemed to front on the street on Which it
abuts. A corner lot shall be deemted to front on either street, however, the
Declarant, in the deed to any comer lot, or at any time thereafter with the
consect on writing of the holder of the recorded title thereto, may designate a
specific street as that on which a comer lot shall be deemed to front.
The term “building line” shell mean the lines marked “building tine" on the se
plat of said subdivision, unless changed by the Declarant in accordance with
‘the provisions hereof.
‘The term “street” shall include any street, drive, boulevard, road, lane, way,
avenue, place, cul-de-sac or court as shown on said plat. The street upon
which a Jot shall front shall be decmed to be the front street. Any other street
contiguous to said lot shall be deemed to be a side street,
. The term "residence" shall mean a residential building designed and intended
for use and occupancy by a single family.
‘The term “Architectural Control Committee” shall mean a commaittee of two
persons, Glen H. Jones and Richard W. Sanders, who shall have such powers
and duties as are hereafter set forth in this Declaration. A majority of the
Committee may designate a representative to act for it, In the event of the
death or resignation of any member or members of said Committee the
remaining member or members shall have fall evthority to fill any vecancy or
vacancies created thereby, and the newly appointed members shall have the
same powers and duties 2s their predecessors. The membership of said
Committee, as well as its powers and duties, may also be changed at any time
by written instrument signed by those persons who, under the provisions of
Article IX, hereof, would be entitled to modify this Declaration of Restrictions,
stich instrament to be effective upon the date of its recording in the office of
the Recorder of Deeds of Jackson County, Missouri, at Independence,
. The term “Declarant” shall mean Investors Limited LLC, a Missouri Limited
Liability Corporation, its successors and assigns, inchiding any assignee
appointed,ARTICLE II
ONTR:
No building, fence, wal! or other structure shall be commenced, erected or maintained
‘upon the Properties, not shall any exterior addition to or change or alteration therein be made
including exterior color, until the plans and specifications showing the nature, color, kind, shape,
height, materials and location of the same have been submitted to and approved in writing as to. .
hamony of external appearance, design and location in relation to surrounding structures and
topography by the Declarant. In the event said Declarant, or its designated committee, fails to
approve or disapprove such design and locetion within ten (10) days after said plans and
specifications have been submitted to it, approval will not be required and this Article will be
deemed to have been fully complied with,
ARTICLE 111
USE OFT,
‘Section
4, Useofland, Except as may be hereinafter provided, no lots in the stibdivision
may be improved, used or occupied for other than private residential purposes. Any residence
erected or maintained on the lots hereby restricted shall be designated for occupancy by a single
family, end shall have an enclosed garage which can accommodate at least two automobiles. No
duplex, flat or apartment house, although intended for sesidential purposes, shall be erected
thereon, :
b. Nuisances, No nvisance shall be permitted (o exist or operate upon any
property so 2s to be detrimental to any other property in the vicinity thereof or to its occupants.
. Restriction on Further Subdivision, No lot upon which a living unit has been
constricted shall be further subdivided or separated into smaller lots by any Owner, and no
portion less than all of such Lot, nor any easement or other interest therein shall be conveyed or
transferred by an Owner.¢, Square Footage, No residence at Belmont Farms shall be erected on any
platted subdivision lot, or upon any property legally described in said plat, having less than the
following square footage:
Allresidence constructed or maintained in the subdivision shall have an
enclosed floor area of at least 2,000 square feet, of which the following number of square fect
shall be at grade level:
‘Type of Residetice ‘Square Feet Requited at Grade Level
One Story ~ 2,000 sq, ft. -- 2,000 sq. f. total
‘One & one-half story 1,600 5g. B. 2,600 sq. ft. total
Two Story 1,600 sq. f. -- 2,800 sq. ft. total
Reverse story antl one-half 1,600 sq.ft. -- 2,600 sq. ft. total (finished)
As used herein, the term “enclosed floor area” shall mean and
include, in all cases, areas an the first and second floors of @
residence enclosed and finished for all year occupancy, computed
‘on outside measurements, and shall noi mean or include any areas
in basements, garages, porches or attics; provided however, that
certain intetior areas above the first floor need not be immediately
finished for occupancy if the residence is so designed and built
that such areas can be finished at # later date without any structural
changes being made to the exterior of said residence,
This does not apply to the reverse story and one-half which requires first floor and area
below grade to be finished, unless first floor contains 2,000 sq. fl.
Section 2, Roof, All structures in Belmont Farms shall have either a 40 year
composition, tile or standing seam metal roof with roof breaks,
Section 3. Temporary Stmuctures, No traifer, basement, tent, shack, garage, barn or other
‘outbuilding in the subdivision shall at any time be used for human habitation, temporarily or
permanently, nor shall any structure of a temporary character be used for human habitation.
Provided, however, nothing herein containec shall restrict the Declarant (or others with consent
of the Declarant) from locating, constructing or moving a terporery construction office in or into
the subdivision to be used during the constuction of residénce within the subdivision or from
locating, constructing or moving a temporary real estate oftice in or into the subdivision to be
used during the period of sale of the property within the subdivision. The Declarant (or others
with the consent of the Declarant) may eso erect and maintain model homes for sales purposes
and may operate such office or offices therein for as long as if deems necessary for the purpose of
selling property within the subdivision,Section4, No animals, livestock or poultry of any kind shall be raised, bred, or kept on
any Lot or other tract of land except dogs, cats or other household pets may be kept in residential
areas, provided that they are no: kept, bred, or maintained for any commercial purposes. All pets
shall be kept on a leash when outside the home or within yard by fence or invisible fence.
Section S, No automobile trailers or other trailers, mobile homes, motor homes,
camipers, boats, trucks (except as hereinafter provided), motorcycles, motorbikes, motor scooters,
minibikes, ATV's or junk automobiles shall be parked on any street or on any lot in the
subdivision unless completely enclosed in a garege. Nothing in this paragraph, however, shall be
0 construed as to prohibit the regular parking of automobiles and pickup trucks, ( as hereinafter
defined) on any driveway, so long as such vehicles are in running order end are in a reasonable
state of repair and the total number of such vehicles does not exceed three (3) at any one time.
For the purpose of these Resttictions, a pickup truck in defined as a truck not exceeding one-half
(3/4) ton in size and, if equipped with an enclosure over the bed, such enclosure shall not be
higher than twelve (12) inches above the cab or extend beyond the rear bumper. Any mechanical
‘work on automobiles, other vehicles or equipment shall only be performed in garages.
Section 6, All garages shall be kept clean anc! uncluttered as much as practicable to
preserve the appearance of the Properties.
‘Section 7, Owners shall not cause or perait anything to be hung or displayed on the
outside of windows or placed on the outside walls of a building, and no sign, awning, canopy,
shutter, radio. or television antenna or satellite dish other than 19" satellite dish approved as to
location pursuant to Article II hereof shall be affixed to or placed upon the exterior walls or roof
or any part thereof, without the prior consent of the Declarant. In addition, no satellite dishes or
any other types of antenna shall be installed on or about any platted subdivision Lot, with the
exception of model homes and management offices.
Section 8, No noxious or offensive activity shall be cartied on on any Lot, nor shall
anything be done therein; either willfully or negligently, which may be or become an annoyance
ornuisance to the other owners or occupants. The noise level within any home shall never be so
great as to disturb the owners or occupants of any other home.
Section 9, No clothes, sheets, blankets, laundry of any kind or other articles shall be
hhung out or exposed on any Lot or on the exterior of any home. The exterior area of any Lot
shall be kept free and clear of rubbish, debris, and other unsightly materials.
Section No industry, business, trade, occupation or profession of any kind,
commercial, religious; educational or otherwise, sball be conducted, maintained, or permitted on
any part of the Properties provided, however, that this provision shall not be construed to prevent
the use of any home for a home office or studio so long as such use shall not interfere with the
quiet enjoyment or comfort of any other owner or occupant.Section LL. No automotive repair or rebuilding or any other form of automotive
‘manufacture, whether for hire or otherwise, shall occur on the Properties.
Section 12, All residential structures must be constructed of materials approved by
Declarant,
Section 12, All front and side yands of the Lots are to be fully sodded with grass.
Backyards are to be fully sodded with grass unless a specific alternate request is submitted to the
‘Declarant for seeding by a professional lawn seeder contractor.
Section 14, All Fireplaces shall be masonry or zero clearance, built to match, or
compatible with siding, and a low profile rectangular top.
Section 15, No building shall be permitted to stand with its exterior in an unfinished
condition for longer than five months after commencement of construction. In the event of fire,
‘windstorm, or other damage, no building shall be permitted to remain in a damaged condition
longer than three months. No building shall be occupied until the exterior has been completed.
Section 16, No above ground swimming pools shall be erected, installed, constructed,
and/or maintained by an Owner on any Lot, other than an entirely portable and movable wading
pool.
Section 17, Garage doors in the subdivision shall remain closed at all times other than
during periods of ingress or egress to the garages served thereby.
Section 18. No trash, ashes or other refuse may be thrown or dumped on any lot in the
subdivision. All rash receptacles shall be kept in enclosed garages except at such times as trash
is being removed by trash collectors.
Section 19, No tank for the storage of oil or other fuels or fluids shall be maintained in
the subdivision above the surface of the ground.
Section 20, No oiiGide privies or closets may be erected or maintained on any Jot in the
subdivision except for use by workmen during construction of improvements on the lot.
Section 21, All homes shall be equipped with add-on heat pumps.
‘The Declarant reserves the right to waive or modify any of the above restrictions or
prohibitions as to any lot, but such waiver shall not extend to any lot other than that for which the
waiver or modification is particularly made.ARTICLEIV
BUILDING MATERIAL REQUIREMENTS
Exterior walls of all buildings, structures and all appurtenances thereto in the subdivision
: shall be of brick, stone, stucco, wood, shingle, wood siding, wood paneling, glass blocks, plate
glass, masonite, or any combination thereof. Windows, doors, and louvers shall be of wood,
metal or glass. No other building products or materials shell be used unless first approved in
writing by the Declarant or its representative.
ARTICLE V
APPROVAL OF BUILDING
Section 1, No residential building, feines, or structure of any kind (including swimming,
pools) shall be erected upon or moved onto any Jot within the subdivision unless and until the
building plans, specifications, exterior color scheme, materials, Jocation and elevation thereof
ave been submited to the Declarant of Belmont Farms for written abproval; nor shall any
change, alteration, or addition to said building, fence or structure or in said building plans,
specifications, exterior color scheme, materials, location, and elevation thereof be made until
such change, alteration or addition has been submitted to the Declarant for written approval.
‘The Declarant shall have the right to determine the location of all buildings to be constructed,
‘within the subdivision and the relation to the top of the foundation of any said building to the
street level. Ifthe Declarant fails to approve or disapprove of any such building plans,
specifications, exterior color scheme, materials, locetion, and elevation thereof within thirty (30)
days after the date shown on said Declarant’s written receipt as the date the sanse ware submitted,
such approval shall not be required and this restriction shall be deemed to have been fully
complied with. Declarant shall not be liable for any approval, disapproval or failure to approve
or disapprove hereunder and.eny such approval, disapproval or failure to approve or disapprove
sball not be considered as a waiver of any requitements'of any restrictions in this Declaration of
Restrictions.” Nothing herein containe¢ shell in any way be deemed to prevent any owner of any
property within the subdivision from maintaining any actiézi relating to improvements within the
subdivision which he would otherwise be entitled to maintain. The purpose and intent of this
paragraph is to assure harmony of exterior design of all building and structures in the
subdivision, to avoid and prevent the violation of those terms and provisions of this Declaration
of Restricticias whieb effect consttuction, and for no other purpose. In.no event shall any
approval, disapproval or failuce to approve or disapprove be deemed or construed to be in
approval or acceptance of, or arty reptesentation or essurance with respect to, any engineering or
architectural plan or design or any method or manner of construction which may be described in
or indicated by any plans, specifications or other documents submitted to the Declarant with
respect to the building or structure for which approval is sought, nor shall the same be deemed or
construed to be an approval or acceptance of, or any representation or assurance with respect to
the quality or suitability of any materials, goods or appliances to be used in the building or
structure for which such approval is sought.
7)Section 2._ Every residence erected on any lot in the subdivision shall front or present
good frontage on the street on which said lot fronts,
Section 3, No residence or any pait thereof shall be erected or maintained on any lot
nearer to the adjoining street or sireets than the building lines shown on the plat of the
subdiyision.. Provided, however,
a. The Declarant reserves the right to change any building line, providing the
conseat of the holder or the legal title to the lot involved is first obtained, but in *
no event shall a building line be changed so as to bring it nearer to any adjoining
street than the minimum distance prescribed by zoning or other applicable
ordinances of the City of Lee's Summit, Missouri
b. Bay, bow, otiel, dormer and other projecting windows not exceeding one story
in height may project beyond the building fine not more than three (3) feet
c. Comices, chimneys, brackets, pilasters, grillwork, trellises and other similar
projections, inchiding projections for purely omamental purposes, may project
beyond the building ines not more than four (d) feet.
ot beyond the
d, Any vestibule not more than one (1) story in height may proj
building line not more than four (4) feet.
e, Unenclosed covered porches, balconies and porte coveres may project beyond
the building lines not more than six (6) feet.
f. Any projection which is completely under the surface of the ground may extend
‘beyond the front building line not more than twenty-five (25) feet and, in the case
of comer lots, the side building line not more than ten (10) feet.
No part of any outbuilding, detached gacage or residence, including attached garages,
greenhouses, wells and porches, enclosed or unenclosed, covered or uncovered, but excluding |
all other projections set forth in subpacegraphs “a” through "f" above, shall be erected or |
maintained nearer than seven (7) feet from the side property line of the lot on Which the same is
erected. All such excluded projections may extend iwo feet neazer said side property line |
However, the Declarant reserves the right to modify this side property line restriction with
respect to any lot at any time, but in no event shel! such modification be such that itis at
variance with any side yard requirement of zoning or other applicable Ordinances of the City
of Lee's Summit, Missouri.2 ARTICLE VL
EASEMENTS
Easements for jastallation and maintenance of ulilities and drainage facilities are and will
be reserved by Declarant end dedicated to publie utilities as shown on the recorded Plats of said
land, Such easements shall include the right of ingress and egress for construction and
maintenance purposes. ; Within the easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with the installation end
maintenance of utilities, or which may change the direction or flow of drainage channels in the
easements, The easement atea of erch Lot and tract of land and all improvements in it shall be
maintained continuously by the Owner of the land, except for those improvements for which a
public authority or utility company is responsible.
ARTICLE VL
ADDITIONAL REQUIREMENTS.
Section L. Maintenance of any advertising sigh or structure of any lot in the subdivision
shall be prohibited, except a single sign not to exceed two (2) feet by three (3) feet maintained for
the purpose of advertising that suci lot (and any residence thereon) is for sale. No such sign
shall be pecritted to remain on such lot after a contract of sale relating thereto hes been closed.
This restriction shall not apply to any sign or signs crevted by the Declarant or others with the
consent of the Declarant for the purpose of advertising the subdivision or to any sign or signs
erected by the Declarant or others with the consent of the Declacant for the purpose of the sale
of lots or residences therein.
Section 2. No radio aerial wires, television antennas, satellite dishes, or radio towers
shall be maintained in the subdivision. No television or radio towers shall be constructed.
Radio eerial wires or television antennas installed on any residence shall be constructed in the
enclosed attic.
Section 3, No fencé, hedge or similar structure or enclosure may be erected or
meintained in the subdivision without the written approval of the Declarant as to type, size,
height, and location. In no event, however, shall any such fence, wall, hedge or structure be
higher than four feét iunléss itis intended to enclose a special use area, such as @ patio or
swimming pool. All fences shall be constructed of wood, wrought iron or vinylARTICLE Vill
SUBJECTION OF ADDITIONAL LANDS TO RESTRICTIONS
‘The Declarant shall have and expressly reserves the right o subject such other real
property as it may now own or hereafter acquire to the terms, covenants, provisions and
restrictions of this Declaration of Restrictions by executing an appropriate instrument or
instruments for thé purpose, such instrument or instruments to be effective upon recording the
same in the office of the Recorder of Deeds of Jackson Couniy, Missouri, at Independence,
ARTICLE IX
RIGHT TOENFORCE
‘The restrictions, covenants, and provisions herein set forth shall run with the land and
shall bind the present owners, and theit assigns, and all parties claiming by, through or under
them, shali be taken to hold, agree and covenant with the owners of the propetty hereby restricted
and with their assigns, and with each of them, to conform to and to observe said restrictions as to
the use of said property and the construction of improvements thereon. No restriction herein set
forth shall be personally binding upon any corpotation, partnership, person or persons‘or other
centty except in respect to breaches committed during its, his, her or their seizing of title to said
property. The Declarant, ils suecessors and assigns, and also the owner or owners of any part of
the property hereby restricted, shall have the right to sue for and obtein aa injunction, prohibitive
or mandatory, to preverit the breach of or to enforce the observance of the restrictions above set
forth in addition to the ordinary legal action for damages, aa the failure of the Declaran, its
successors and assigns, or any Owner or ownexs of any patt of the property hereby restricted to
enforce any of the restrictions herein set forth at the time of its violation shall, in no event be
deemed to be 2 waiver of the right to do so thereafter. All costs in connection with such legal
action, including attorney’s fees, shall be paid by any person found to be in violation of the terms
of this instrument and such costs shall constitute a lien against any lot or lots such person may
‘own in the subdivision vntil paid. Said lien shall be in Savor of the person or entity who brought
such Jegal action and it may be enforeed in any court in Jackson, County, Missouri, having
jurisdiction of suits ToF the enforcement of liens. The Declarant may at any time or times by
appropriate instrument made expressly for that purpose, assign or convey to any person or entity,
any or all of the rights, reservations, and privileges herein reserved by or granted to't, and its said
assigns or grantees miay at their option exercise, transfer or assign those rights, or any one or
more of them, at any time or times in the same way or manner as though direcily reserved by or
granted to them in this instrument
10ARTICLE X
MODIFICATION OF RESTRICTIONS
The covenants, restrictions and provisions of this instrument shall be deemed covenants
running with the land, and shall remain in full force and effect until Deceraber 31, 2012, at which
timé said covenants, restrictions and provisions shall automatically be extended for successive
periods of five (5) yeais each. Such restrictions and provisions may be amended, modified or
changed by Declarant as long as he is in ownership of 25% of real property in the subdivision
prior to December 31, 2012. Any chenge atieridment or modification shall become effective
upon the date ofits recording in the office of Recotder of Deeds of Jackson County, Missouri at
Independence, Missouri
ARTICLE XI
SEVERABILITY
Invalidation of any restrictions set forth herein or eny part thereof by an order, judgroent
or dectee of any court, or otherwise, shall not invalidate or affect any of the other restrictions or
any part thereof as set forth herein, but they shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has hereunto caused this Declaration to be
signed in its behalf by the Corporation thereunto duly authorized to do so this _4o24 day of
+2002.
INVESTORS LIMITED LLC
uwSTATS OF MIgsQURI )
83.
COUNTY OF JACKSON )
OW THIS 10TH DAY OF DECEMBER, 2002 , BEFORE ME PERSONALLY APPEARED
GLEN H. JONES AND RICHARD W. SANDERS MEMBERS OF INVESTORS
LIMITED, LLC
TO ME KNOWN TO BE THE PERSON(S) DESCRIBED IN AND WHO EXECUTED THE
FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SANE
AS TEEIR FREE ACT AND DEED.
IN TESTIMONY WHEREOF, 1 HAVE HEREUNTO SET MY HAND AND AFFIXED NY
OWPICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DAY AND YEAR
FIRST ABOVE WRITTEN.
MY ‘TERM EXPIRES:
SHARON R,
SE
ayn
maine
:
tay Ovaamlenien Expires Jiby 22, 2008