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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TIMBER TRACE RANCH Miami County, Kansas 1. PERSONS BOUND BY THIS DECLARATION All persons, corporations, and other entities owning or hereafter acquiring fee simple title to any lots in the District (the "Owners") shall be taken to hold and agree and covenant with the Declarant Owners, and with their successors and assigns, to conform to and observe the following covenants, restrictions, and stipulations as to the use thereof and the construction of residences and improvements thereon. 2. TIMBER TRACE RANCH HOMES ASSOCIATION Concurrent with the recording of this Declaration of Covenants, Conditions and Restrictions (which includes also Homes Association declarations), the Declarant Owners will create the Timber Trace Ranch Homes Association, referenced herein as the "Association," a nonprofit, nonstock corporation which will be organized and will exist under the laws of the State of Kansas and will be charged with the duties which are vested in it by this document. Every person or entity who is a record fee simple owner of any lot in the District shall be a member of the Association. The foregoing shall not include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be pertinent to, and may not be separated from, ownership of any lot in the District which is subject to or may in the future be subject to assessment by the Association. The members shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. 3. POWERS AND DUTIES OF THE HOMES ASSOCIATION In addition to the powers granted by other portions of this Declaration or by law, the Association shall have the power and authority to do and perform all such acts as may be deemed necessary or appropriate by its Board of Directors to carry out and effectuate the purposes of this Declaration, including, without limitation: (a) To enforce, either in its own name or in the name of any Owner within the District, any and all building, use or other restrictions, obligations, agreements or reservations which have been or hereafter may be imposed upon any of the land in the District by this Declaration or otherwise. This right of enforcement shall not serve to prevent changes, releases or modifications of restrictions, obligations, agreements or reservations from being made by the parties having the right to make such changes, releases or modifications under the terms of the deeds, declarations or plats in which such restrictions, obligations, agreements and reservations are set forth. The expense and cost of any such enforcement proceedings by the Association may be paid out of the general fund of the Association, as herein provided. Nothing herein contained shall be deemed or construed to prevent any Owner from enforcing any building, use or other restrictions in his or her own name. (b) To acquire and own title to or interests in, andexercise control over, the Common Area, as shown on the Plat and on any other recorded plats of real estate in the District, subject to the rights (including ownership) of any governmental authority, utility or any other person or entity therein or thereto. (c) To maintain insurance, including but not limited to, public liability, director and officer liability, indemnification and other insurance with respect to the activities of the Association and the property within the District. (d) To levy and collect the dues and assessments which are provided for in this Declaration. (e) To exercise any and all rights, powers and authority given to the Association and its Board of Directors either directly or by implication under this Declaration. (f) To enter into agreements from time to time with the Declarant Owners and other parties regarding the performance of services and matters benefiting both the Declarant Owners and the Association and its members and the sharing of the expenses associated therewith. (g) To engage the services of a management company or other person or entity to carry out and perform the functions and powers of the Association including, without limitation, the keeping of books and records, and operation and maintenance of the Common Area. (h) To exercise any architectural and aesthetic control and authority given and assigned to it or to its Architectural Control Committee in this Declaration or in any other deed, declaration or plat relating to all or any part of the District. (i) To make such reasonable rules and regulations (including, without limitation, rules regarding the use of Common Area) and to provide means to enforce such rules and regulations as will enable it to adequately and properly carry out the provisions and purposes of this Declaration. (j) To exercise such other powers as may be set forth in the Articles of Incorporation or Bylaws of the Association. 4. METHOD OF PROVIDING GENERAL FUNDS (a) For the purpose of providing a general fund to enable the Association to exercise the powers, maintain the improvements and render the services herein provided for, all land within the boundaries of the District as now or hereafter constituted, other than that land owned by the Declarant Owners, shall be subject to an annual assessment which may be levied by the Association from year to year and shall be paid to the Association annually in advance by the respective Owners. The Association may from year to year fix and determine the total amount required in its general fund and may levy and collect an annual assessment not exceeding $50.00 for each lot within the District as now or hereafter established. (b) The annual assessment upon each lot or building site as aforesaid may be increased by an amount not exceeding one hundred percent (100%) of the $50.00 maximum annual assessment which the Association may levy and collect from year to year, provided that at a meeting of the members specially called for that purpose and held prior to the date on which the assessment is levied for the year for which such increase is proposed, a majority of the members present at such meeting authorize such an increase by an affirmative vote therefor; and provided further, that the annual assessment upon each lot or building site as aforesaid may be increased by an amount not exceeding two hundred percent (200%) of the said $50.00 maximum annual assessment, provided that at a meeting of the members specially called for that purpose and held prior to the date on which the assessment is levied for the year for which such increase is proposed, three-fourths of the members present at such meeting authorize such an increase by an affirmative vote therefor. Whenever the Association may deem it advisable to submit to the members a proposal for increasing the amount of the annual assessment for a particular year, it shall notify the members of the Association of the time and place at which the meeting is to be held and the fact that an increase in the amount of the annual assessment is to be voted upon at such meeting. No increase in the amount of the annual assessment may be made for more than one (1) year at a time. (c) Assessments shall be fixed, levied, and payable on January 1 of each year beginning January 1, 1992; provided that land added to the District during a calendar year shall be subject only to a partial assessment from the date such land is made subject to this Declaration to the end of the then current calendar year. It will be the duty of the Association to notify each Owner whose address is listed with the Association on or before the date when an assessment is due, giving the amount of the assessment on each tract of land owned by the Owner, the date when such assessment is due and the place where the payment shall be paid. Failure of the Association to levy an assessment prior to January 1 of any year shall not invalidate any later assessment made for that calendar year or pro-rata portion thereof; nor shall failure to levy an assessment for any one year affect the right of the Association to do so for any subsequent year. When the assessment, other than a partial assessment, is made subsequent to January 1 of any one year, it shall become due and payable not later than thirty (30) days from the date of levying the assessment. Prior to the first assessment hereinabove provided for, if the Association shall deem it necessary for the purpose of carrying out the terms of this Declaration, it shall have the right to make assessments or partial assessments within the limits herein provided for, and on a pro-rata basis. Thereafter all assessments shall be made annually as herein provided. (d) A written or printed notice, deposited in the United States Post Office, with postage thereon prepaid, and addressed to the respective Owners at the last " address listed with the Association shall be deemed to be sufficient and proper notice for these purposes, or for any other purpose of this Declaration where notices are required. 5. LIEN ON REAL ESTATE (a) The assessment shall become a lien on the real estate against which it is levied as soon as it is due and payable as above set forth, provided, however, that such lien shall be inferior and subordinate to the lien of any valid first mortgage which may hereafter be placed on said real estate including but not limited to any valid first mortgage which secures payment of a loan which is insured or guaranteed by any agency of the United States Government. In the event of failure of any Owner to pay an assessment within thirty (30) days from the date said assessment was due and payable, such assessment shall bear interest at the rate of ten percent (10%) per annum from the due date until payment in full is received by the Association. (b) Within thirty (30) days from the date the assessment is due and payable, if the assessment remains outstanding, it shall become delinquent and payment of both principal and interest, together with the costs of collection thereof, may be enforced as a lien on said real estate in proceedings in any court in Miami County, Kansas, having jurisdiction of suits for the enforcement of such liens. It shall be the duty of the Association to bring suits to enforce such liens before expiration thereof. The Association may, at its discretion, file certificates of nonpayment of assessments in the office of the Register of Deeds whenever any such assessments are delinquent. For each certificate so filed the Association shall be entitled to collect from the Owner or Owners of the property described therein a fee equal to the then current fee charged for the filing of documents and certificates relative to the nonpayment of assessments or the release of same, which fee is hereby declared to be a lien upon the real estate described in said certificate, provided that such lien shall be inferior and subordinate to the lien of any valid first mortgage now existing or which may hereafter be placed on said real estate, including but not limited to any valid first mortgage which secures payment of a loan which is insured or guaranteed by any agency of the United States Government. Such fee shall be collectible in the same manner as the original assessments provided for herein and in addition to the interest and principal due thereon. (c) Such liens shall continue for a period of five (5) years from the date of delinquency and no longer, unless within such time suit shall have been instituted for collection of the assessment, in which case the lien shall continue until termination of the suit and until sale of the property under execution of the judgment establishing same. 6. SPECIAL ASSESSMENTS In addition to the annual assessments provided for herein, the Board of Directors of the Association shall (i) have the authority to levy from time to time a special assessment against any lot and its Owner to the extent the Association expends any money (for services or materials) to correct or eliminate any breach by such Owner of any agreement, obligation, reservation, or restriction contained in any deed, declaration or plat covering such lot in this Declaration or elsewhere (including, without limitation, to maintain or repair any lot or improvement thereon), and (ii) levy from time to time special assessments against each and every lot (other than any lot then owned by the Declarant Owners) in an equal amount that is sufficient, when aggregated, to enable the Association to perform its duties as specified herein that require any expenditure during any period in an amount in excess of the general funds of the Association available therefor. Such special assessment shall be due and payable, and become a lien on such lot, upon notice to such Owner of the assessment. Interest at the rate of ten percent (10%) per annum shall accrue from the due date until the same is paid, and shall also be part of the lien against such lot. Such lien shall be enforced in accordance with the provisions of Section 5 above. 7. EXPENDITURES LIMITED TO ASSESSMENTS FOR CURRENT YEAR The Association shall at no time expend or agree to expend more money within any one fiscal year than the total amount of the assessments (both annual and special) which are properly and lawfully levied for that particular year, plus any surplus which it may have on hand from previous assessments; nor shall said Association enter into any contract binding the assessment of any future year to pay for any such obligation, and no such contract shall be enforceable against the Association except for contracts for utilities; it being the intention that the assessment for each year shall be applied as far as practicable toward payment of obligations of that year, and that the Association shall have no power to make a contract affecting the assessment of any future or subsequent year except for utilities. 8. ASSOCIATION TO NOTIFY MEMBERS OF ADDRESS The Association shall notify all Owners of land in the District as it may exist from time to time, insofar as the addresses of such Owners are listed with said Association, of the official address of said Association, the place, time and purposes of the regular and special meetings of the Association, and the place where payments shall be made and other business in connection with said Association may be transacted, and in the case of any change of such address the Association shall notify all the Owners of the land in the District, insofar as their addresses are listed with the Association, of the new address. 9. TO OBSERVE ALL LAWS - CONFLICTS The Association shall at all times observe all State, County, City and other laws, and if at any time any provision of this Declaration shall be found to be in conflict therewith, then such parts of this Declaration shall be deemed to be null and void, but no other part of this Declaration not in conflict therewith shall be affected thereby. The Association shall have the right to make such reasonable rules and regulations and provide such means and employ such agents as will enable it to adequately and properly carry out the provisions of this Declaration, subject, however, to the limitations on its rights to contract as are herein stipulated. 10. LAND USE AND BUILDING TYPE (a) No lot in the District shall be improved, used or occupied except for private residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two and one-half stories in height above ground, plus an attached private garage for at least two but not more than three cars, and outbuildings incidental to residential use of the premises, all as further defined herein. All residences and other buildings permitted hereby on residential lots shall be initially new construction. No building shall be moved onto any such lots. (b) No dwelling or residence shall be occupied until fully completed, and the exterior of such dwelling or residence must be fully completed within five (5) months after the first earth excavation is started. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than three (3) months. 11. ZONING The District shall be subject to all requirements of the Zoning Regulations for Zoned Townships in Miami County, Kansas. Where more stringent requirements are set forth in this "Declaration of Covenants, Conditions and Restrictions" said requirements as stated herein shall prevail. 12. NUISANCES, ACTIVITIES, AND MISCELLANEOUS PROHIBITED ITEMS (a) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance, or nuisance to the neighborhood, including mechanical work on automotive or other equipment of any kind. No prohibition is contained in this paragraph against minor repair work being accomplished in the garage of the completed residence on any lot or within an outbuilding on any lot. (b) No cars, buses, boats, trucks, race cars, wrecked cars, modified stock cars, trailers, or vehicles that are not in operating condition or whose presence might make an unsightly appearance shall be allowed to be parked or left on any lot or within any street or road right of way at any time. No trash, old appliances, junk, garbage, or other refuse shall be allowed to accumulate on any lot in the subdivision. Outside trash burning shall be permitted only in acceptable incinerators at the rear of a completed dwelling or on lots which are being developed or on which residences are under construction. Outside clothes lines shall be prohibited in front of any completed dwelling. No radio or television antenna, satellite dish, tower, or structure shall be located in front of any completed dwelling. The maximum height of said antennas, satellite dishes or towers, when located back of the front of a dwelling, shall not be more than ten (10) feet higher than the roof of any dwelling constructed on the lot. (c) Trash, garbage, or other waste or refuse shall not be kept except in sanitary containers in a clean and sanitary condition, and shall be at all times kept in an area not exposed to public view, except during the day or days designated for regular trash service, at which time the containers and other trash and refuse may be placed at such designated places as determined by a regularly designated trash service. (d) All incinerators or other equipment for the storage and/or disposal of trash, garbage or other waste shall be kept in a clean and sanitary condition. 13. ARCHITECTURAL CONTROL No building, (including dwellings and out buildings), fence or wall shall be commenced, erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of said proposed improvements on the lot have been approved in writing by the Architectural Control Committee (as hereinafter described in paragraph 26) as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. Approval shall be as provided in paragraph 26. 14. DWELLING SIZE Any residence consisting of a single level above ground shall contain a minimum of sixteen hundred (1600) square feet of enclosed floor area; any residence consisting of two (2) levels above ground shall contain a minimum of twelve hundred (1200) square feet of enclosed floor area on the first level above ground and an overall minimum of two thousand (2000) square feet of enclosed area in the two (2) above ground levels; any residence consisting of a level or part of a level below ground level shall nevertheless contain the foregoing minimum enclosed floor areas above ground level. If a single level residence shall contain a basement garage, the minimum enclosed floor area shall be eighteen hundred (1800) square feet. The words "FLOOR AREA" as used herein shall mean and include areas of the residence enclosed and finished for all year occupancy, computed on the outside measurements of the residence, and shall not mean or include any patio areas, basement, garage, carports, porches or attics. 15. GARAGES Each dwelling shall have an attached or basement private garage for not less than two (2) nor more than three (3) cars. The driveway of each lot shall contain sufficient paved area for the off street parking of at least two (2) cars, and shall extend to the edge of street pavement of the street serving the dwelling. All garages facing any street must be equipped with doors which will be kept closed as much of the time as practicable to preserve the appearance of the elevation of the house fronting on the street. 16. OUTBUILDINGS (a) One outbuilding, such as a barn, stable or storage building, may be constructed on any one lot in the District. No outbuilding shall contain more than two levels above ground and the maximum size of the enclosed first floor level of any such outbuilding shall not exceed the enclosed first floor area of the residence constructed on the same lot. (b) Any outbuilding shall be situated on the lot so as to comply with building setback requirements contained in paragraph 17 below. Additionally, any outbuilding shall be located a minimum of 50 feet behind any dwelling on the same lot and shall be at least 100 feet from any street right-of-way line. (c) All outbuildings shall be constructed using wood, masonry or prefinished metal panels for exterior siding. All exterior building openings shall be eguipped with doors or windows so that the entire building can be closed. Attached exterior patio covers or carports will be considered acceptable but open pole-barn type structures will be strictly prohibited. The exterior surfaces of any such building shall be painted in earthtone colors (shades of brown, beige or green) and no exterior galvanized metal panels on roofs or walls will be permitted. Roofing materials shall be painted prefabricated metal panels, wood or asphalt (composition) shingles. (d) Plans for all outbuildings, including plans showing the location of such building on the lot, shall be submitted to the Architectural Control Committee for review and approval prior to the start of any construction on such building. (e) In the event that a single Owner purchases two or more adjacent lots in the District, the requirement set forth above pertaining to outbuilding or stable size may be adjusted to permit construction of a single stable to accommodate the combined number of horses permitted by these regulations on an additive "per lot" basis. This shall be permitted subject to the discretion and advance written approval of the Architectural Control Committee. 17. BUILDING LOCATION (a) Building Lines (designated as "Bldg. Line" on the Plat) are shown on the Plat. These lines parallel street right-of-way lines and are located 50 feet (measured at right angles) therefrom. No building shall be located on any lot so that any portion of said building encroaches beyond these building lines or, therefore, is closer than 50 feet (measured at right angles) to the right-of-way line of any street, circle or way as designated on the Plat. (b) No building shall be located on any lot nearer than 40 feet (measured at right angles) to any rear lot line. (c) No building shall be located on any lot nearer than 35 feet (measured at right angles) to any side lot line. (d) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on one lot to encroach upon another lot. (e) All provisions contained in paragraphs 17(a) through 17 (d) above shall pertain to any and all primary residences, garages, outbuildings, swimming pools and any other structures. 18. LOT AREA No dwelling shall be erected or placed on any lot having an area of less than three (3) acres. No lot may be subdivided for any reason. 19. EASEMENTS AND COMMON PROPERTY (a) Utility Easements. (i) Utility Easements have been reserved across lots included in the Plat and are designated on the Plat. (ii) Additional permanent utility easements have been recorded across lots 1 through 13, inclusive, of the Plat. These easements, filed of record on April 2, 1991, and recorded in Book 351, Miscellaneous Page No. 281, include the following: A twenty (20) foot strip of land across portions of Lots 1 through 13 of the Plat more particularly described as follows: Lot 1 - The North 20 feet of said Lot 1 consisting of a strip of land adjacent to Lakeview Circle and the West 20 feet of said Lot 1 consisting of a strip of land adjacent to Ashmore Way. Lots 2 through 9 - The front 20 feet of each of said Lots consisting of a strip of land adjacent to Ashmore Way. Lot 10 - The Southerly 20 feet of said Lot 10 consisting of a strip of land adjacent to Ashmore Way and the Northerly 20 feet of said Lot 10 consisting of a strip of land adjacent to Lakeview Circle. Lots 11 and 12 - The front 20 feet of each of said lots, consisting of a strip of land adjacent to Lakeview Circle. Lot 13 - The South 20 feet of said Lot 13 consisting of a strip of land adjacent to Lakeview Circle. (iii) A license has been granted to designated utility companies, their agents, employees, assigns and successors, to enter upon, construct and maintain public utilities upon, over, and under designated utility easement areas subject to certain terms and conditions set forth in the documents granting such easements. No structure, planting or other material shall be placed or permitted to remain within designated utility easements which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. (b) Drainage Easements. Drainage easements have been reserved across certain lots in the District for the purpose of installation, construction and maintenance of storm water drains and for slope control purposes, including the right to grade and plant slopes and to prevent any practices which might create erosion problems or which might change, obstruct, or retard drainage flow. The Association, its successors and/or assigns, shall have the exclusive right, to be exercised at the discretion of the Association Board, to enter upon said drainage easements for the purpose of taking any action considered by said Association to be necessary to remedy problems of slope erosion or to prevent any practices which are not in keeping with the intent of these covenants. (c) Access Easements. Access easements have been reserved across certain lots in the Plat to provide continual access within and through the District for the Owners and to preclude the obstruction of storm water flow. The easements shall remain unobstructed for the use and enjoyment of the Owners and shall be used in accordance with provisions set forth in this Declaration under Common Area and in compliance with provisions and procedures to be adopted from time to time by the Association. (d) Common Area. The areas designated on the Plat as "COMMON AREA" were created for the common and exclusive use and enjoyment of the Owners. The Declarant Owners shall convey the Common Area to the Association at their discretion, but in no event later than such time as the Declarant Owners no longer own ninety percent (90%) of the lots in the District (which shall include lots brought into the District pursuant to Section 27 hereof). The Common Area may not be conveyed by the Association without the unanimous consent of the Owners. 20. TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. The keeping of a mobile home, either with or without wheels, on any part of the District is prohibited. A recreational vehicle, travel trailer, motor boat, house boat or other similar water borne vehicle may be maintained, stored, or kept on any parcel in the District only if housed completely within a structure which has been architecturally approved by provisions of paragraph 13 hereof or if such vehicle is stored behind the front line of a residence (in rear or side yard areas). 21. SIGNS No sign of any kind shall be displayed to the public view on any lot except project identification signs as approved by the Architectural Control Committee, one professional sign of not more than one square foot, one sign of not more than ten square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 22. UTILITIES/STORAGE TANKS (a) No tank or similar structure for the storage of fuel or any other fluid substance shall be installed or maintained above the surface of the ground on any of the lots hereby restricted, unless said tank or similar structure is located adjacent to an approved outbuilding and is screened from view so that it cannot be seen. The location and method of screening shall be subject to review and approval of the Architectural Control Committee prior to installation. (b) Water, electric, telephone and other utility lines shall be located underground within each lot. (c) The lots covered by this "Declaration of Covenants, Conditions and Restrictions" are included under the "Residential Incentives" program sponsored by the - Kansas City Power and Light Company (KCPL). As such, each dwelling constructed on said lots shall be equipped with a system of "electric heat" in compliance with KCPL requirements. "Electric Heat" shall be defined as an add-on, total-electric or ground-source heat pump; forced air furnace; baseboard heating system; or through-the-wall heating system. The heating system shall be specified clearly on plans submitted to the Architectural Control Committee for review and must be approved in writing by said committee prior to the commencement of construction of each dwelling. 23. LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except as permitted below: (a) No more than two (2) horses may be housed, kept and maintained on each lot. (b) No more than two (2) adult dogs may be kept and maintained on each lot. American Pit Bull Terriers (commonly referred to as Pit Bulldogs) shall not be permitted. (c) Household pets (non vicious) shall be permitted. However, all animals and household pets shall be contained within their respective lot areas to prevent animals from running at large. In no case shall any animal be kept, bred or maintained for any commercial purpose. 24. FENCES AND LANDSCAPING (a) All fences and boundary walls shall be subject to approval by the Architectural Control Committee as described in paragraphs 13 and 26 hereof. (b) Any fence or boundary wall erected, kept, or maintained around any of said lots or any part, or parts thereof, shall be in keeping with the design and architecture of the residence upon such lot and of ornamental nature. No such fence or boundary wall shall be more than five (5) feet in height. No fence or boundary wall shall be located closer than twenty five feet (25') from any public street right-of-way line. (c) Any fence erected in front of any dwelling shall be constructed of wood (such as split rail) stone or other naturally-occurring materials. Wire fences, barricades or solid privacy-type fences shall not be erected in front of any dwelling on any lot. (d) When steel wire fences are erected (behind the front wall of any dwelling), only smooth steel wire shall be acceptable. Chicken wire or barbed wire fences are prohibited. Chain link wire fencing, properly installed, is acceptable, if installed behind the dwelling. (e) Upon completion of any dwelling hereunder, including walks, drive-ways, patios, and other approved appurtenances, as set forth in these restrictions, all areas disturbed in any way during construction shall be finish-graded and sodded, seeded, or planted with ground cover to establish a lawn area. The builder or homeowner shall plant shrubs and other landscaping materials at least along the front elevation of the dwelling. Such plant materials shall be maintained by the lot owner or dwelling occupant and shall be replaced when necessary. 25. SEWAGE DISPOSAL Single-family wastewater treatment facilities shall be installed to serve each individual dwelling in the District. Such facilities shall be designed and constructed in accordance with applicable provisions of the state laws, county Sanitation Code and regulations. All effluent from said treatment facilities shall be contained on each individual lot in accordance with said laws, code and regulations. All dispersal lines and treatment appurtenances shall be located at least ten (10) feet from the nearest property line and at least one hundred (100) feet from any individual water well. 26. ARCHITECTURAL CONTROL COMMITTEE (a) Membership. The Architectural Control Committee shall consist of three members. Initially the committee shall be composed of: George E. Butler, Jr., George E. Sailer, and Kenneth G. Butler. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor their designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. (b) Procedure. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove the plans and specifications within forty-five (45) days after they have been submitted to it, the plans and specifications shall be deemed approved. (c) Assignment. At such time as ninety percent (90%) of the lots in the District (which shall include lots brought into the District pursuant to section 27 below) are no longer owned by the Declarant Owners, the Declarant Owners shall then assign to the Association the right to select the members of the Architectural Control Committee. 27. EXTENSION OF PROPERTY SUBJECT TO DECLARATION The Declarant Owners shall have, and expressly reserve, the right, from time to time, to add to the District and to the operation of the provisions of this Declaration such other lands ("Future Phases") as they may now own or hereafter acquire by executing, acknowledging and recording in the appropriate written declaration or agreement subjecting such land to all of the provisions hereof as though such land had been originally described herein and subjected to the provisions hereof. Such declaration or agreement may contain such deletions, additions and modifications of the provisions of this Declaration applicable solely to such additional property as may be necessary or desirable as solely determined by the Declarant Owners in good faith. 28. DURATION OF RESTRICTIONS AND RIGHT TO ENFORCE (a) These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. The Owners of not less than 80% of the lots herein described may modify and amend this Declaration or release all of the District from any one or more of said restrictions at any time by agreement in writing duly executed and acknowledged by such Owners and filed for record in the office of the Register of Deeds, Miami County, Kansas. (b) Enforcement of the provisions of these restrictions shall be by proceedings at law or in equity against any corporation, person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. (c) The Declarant Owners of the lots hereby restricted may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation, all of the rights, reservations, and privileges herein reserved by or granted to them; and their assigns or grantees may 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 those directly reserved by or granted to them in this instrument. (d) Invalidation of any one of these covenants by judgment, or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Procedures Process for collection of delinquent dues (delinquent means 60 days past due)
Process for resolving a violation of the Covenants, Conditions and Restrictions
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Declaration of Covenants
Convenient access to I-35 and 169 Hwy in northern Miami County, Kansas