DECLARATION OF RESTRICTIONS
SUNSET RIDGE

 

 

 

 

Lots 1-85, SUNSET RIDGE SUBDIVISION, a subdivision of land in Kansas City, Wyandotte County, Kansas

 

And

 

Whereas, it is the desire and intention of Declarants to sell the property described above and to impose

On it mutual, beneficial restrictions under a general plan or design of improvement for the benefit of all the lands in the tract and the future owners of those lands;

            Now, therefore, Declarants hereby declare that all of the property described above is held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following limitations, restrictions, conditions, and covenants, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement, and sale of the lands and are a established and agreed upon for the purpose of enhancing and protecting the value, desirability, and attractiveness of the lands and every part thereof.  All of the limitations, restrictions, conditions, and covenants shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the described lands or any part thereof.

 

 

ARTICLE I: DEFINITIONS

 

 

For purposes of these Restrictions the following definitions shall apply.

 

(a)  “Owner” means the record owner(s) of title to any Lot, including the Developer.

 

(b)  “Subdivision” means collectively all of the above-described lots in SUNSET RIDGE, all

Common Areas, and all additional property which hereafter may be subject to this Declaration.

 

(c)  “Developer” shall mean G & J Services, Inc., a Kansas Corporation, or its successors as duly appointed by Declarants or its assigns.

 

(d)  “Declarants” shall mean G & J Chattel, LLC, a Kansas Limited Liability Corporation collectively.

 

(e)  “Lot” Means any lot as shown as a separate lot on any recorded plat of all or part of the Subdivision; provided, however, that if an Owner, other than the Developer, owns adjacent lots (or parts thereto) upon which only one residence has been, is being, or will be erected, then (i) for purposes of determining the amount of annual and special assessments due with respect thereto from time to time, such adjacent property under common ownership shall constitute such whole or partial number of Lots as may be specified in writing by the Developer, and (ii) for all other purposes hereunder, such adjacent property under common ownership shall be deemed to constitute only one “Lot.”

 

(f)  “Common Areas” means (i) any entrances, monuments, berms, street islands, and other similar ornamental areas and related utilities, lights, sprinkler systems, trees and landscaping constructed or installed by or for the Developer or the Association at or near the entrance of any street or along any street, and any easements related thereto, in the Subdivision, (ii) all landscape easements that may be granted to the Developer and/or the Association, for the use, benefit and enjoyment of all Owners within the Subdivision, (iii) the pool area, (iv) the Right of Way Amenities, and (v) all other similar areas and places, together will all improvements thereon and thereto, the use, benefit or enjoyment of which is

 

intended for all of the Owners within the Subdivision, whether or not any “Common Area” is located on any Lot.

 

(g)  “City” means the City of Kansas City, Kansas.

 

 

ARTICLE II: BUILDING LINES

 

The building line of the lot hereby conveyed shall conform with the building line as shown on the plat of the subdivision, and no building, or any part or portion thereof, shall at any time be erected or placed upon the space between said building line and said street; nor shall any projection of said building, of whatever character, be permitted to extend into or encroach upon said space, except that the steps and platform in front of the main door may extend over said building line not to exceed five (5) feet.  Any survey establishing the location of buildings on the lots or other building lines must be performed by a surveyor licensed in the State of Kansas.

 

 

ARTICLE III:  FENCE RESTRICTIONS

 

Fences shall not be erected in the front or side yards of the property and shall not be placed farther toward the front of a residence than a straight line extended from the rear building line of the residence.

 

 

ARTICLE IV:  BUILDINGS, GRADING AND LANDSCAPING

 

No building, nor shall any fence or enclosure of any kind be put on the side line of the lot between the street and the building line.  Each lot must have landscaping, excluding sod, of a value of at least 1% of the cost of erecting the single family dwelling.  All lots shall be sodded, not seeded, prior to occupancy.

 

 

ARTICLE V: DRIVEWAYS

 

All driveways must be improved with hard surface consisting of a minimum of four inches (4”) 4000 psi  6 sacks cement air entrained  6%  +/- 2% reinforced concrete  max 5” slump that is “picture framed” with a control tooled joint in the driveway to line up with the city sidewalk. Gravel Driveways or driveways consisting of crushed rock base with asphalt prime and seal coat will not be permitted.

 

 

ARTICLE VI:  ROOF MATERIAL

 

Roofs with a pitch of three inches or more shall be covered with 25 year three tab roofing material, unless other materials are specifically approved by Developer, in writing.

 

 

 

 

ARTICLE VII APPROVAL OF BUILDING PLANS REQUIRED

 

No building (additions or accessory), fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, material, floor plans, location and approximate

cost of such structure shall have been submitted to and approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation by the Developer.  If the Developer fails to approve or disapprove such design and location with 30 days after said plans and specifications have been received by it or, in the event Developer is no longer in existence, if no suit to enjoin the erection of such building, or the making of such alteration has been commenced by any interested party prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with.

 

 

ARTICLE VIII: RESTRICATION TO SINGLE FAMILY RESIDENCES

 

            No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling containing not less than one thousand six hundred (1600) square feet of livable enclosed floor area (exclusive of open or screen porches, terraces, garages and carports), not to exceed thirty (30) feet in height and having a private and enclosed garage (or carport if approved) for not less than (2) nor more than four (4) cars.  Unless approved by the Developer as to use, location and architectural design.

            All lots shall be known and described as lots for residential purposes only.  Only one single-family residence may be erected, altered, placed or be permitted to remain on any lot. 

 

 

ARTICLE IX:  ANIMALS RESTRICTED

 

            No pets shall be kept, bred or maintained for commercial purposes.

 

 

ARTICLE X:  FORMATION OF HOMES ASSOCIATION

 

Sunset Ridge Homes Association will be established by the developer as a not for profit corporation under the laws of the State of Kansas.  The Association shall be responsible for the protection, improvement, alteration, maintenance, repair, replacement, administration, and operation of the Common Areas within Sunset Ridge, including taking such action as is necessary for the assessment of expenses, payment of losses, disposition of casualty insurance proceeds (if any), the enforcement of these Restrictions, and other matters as provided in or contemplated by these Restriction.  The Association shall be composed of Lot Owners from all phases of the Development.  There shall be only one class of membership which shall consist of the Owners of the Lots in the Subdivision and every such Owner shall be a member.

            Each lot owner shall have one vote for each Lot for which he is the Owner; provided, however, that when more than one person is an Owner of any particular Lot, all such persons shall, among themselves, determine how their vote is to be cast, but in no event shall more than one vote be cast with respect to such Lot.  During any period in which a member is in default in the payment of any assessment levied by the Developer under these Declarations the voting right of such member shall be suspended until such assessment has been paid in full.

            The Developer shall maintain absolute and exclusive control over the Association until such time as 90% of lots within the Subdivision and the Development have been conveyed.  The Developer voluntarily may at any time relinquish all or any part of the Developer’s control and rights by written assignment.

 

           

ARTICLE XI:  MAINTENANCE ASSESSMENT

 

Maintenance Assessment shall be initially established with a capitalization fee of $200.00 to be paid to the Association at the time of closing on the acquisition of each single-family residential home and one annual payment of $200.00 and said payments may be adjusted from time to time at the discretion of the Board.  Any assessment not paid by the due date shall be fined $25.00 per month until assessment is paid in full.  The Association may bring an action of law against the owner personally obligated to pay the same, or foreclose the lien against the property in the manner provided for mortgage foreclosures in Kansas.  No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of any common area or abandonment of his lot. 

 

 

ARTICLE XII:  AMENDMENT AND ALTERATION OF RESTRICTIONS

 

            Developer reserves the right to amend or alter these restrictions without the approval of the owners, or any Homes Association established by the owners, at anytime prior to the date when 90% of the Lots are occupied for single-family residential purposes, thereafter all restrictions may be altered by consent of 90% of the lot owners.  Homeowner dues and capitalization fee shall only be collected on lot or lots whereas a building has been erected and occupied.

 

 

ARTICLE XIII:  ENFORCEMENT OF RESTRICATIONS

 

            Developer, the Homes Association established under Article X, or any owner of any

property herein restricted, shall have the right to enforce, by any proceeding at law or in equity,

all restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by

the provisions of this Declaration.  Failure by any party with the right to enforce any restrictions herein contained shall in not event act as a waiver of the right to do so thereafter.  In the event suit is initiated in any court of competent jurisdiction to enforce any of these restrictions, the party against whom the court rules shall be responsible for all costs and attorney’s fees of the party in whose favor the court ruled.