COVENANTS & DOCUMENTS
DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS
OF THE
PATTERSON DUCK CLUB
The Declaration (dated October 24, 1989) of Patterson Duck Club is recorded in Book 196, Pages 1164-1173 and the amendment thereto recorded in Book 198, Pages 1090-95; the restated Declaration (seen below) is recorded in Book 206, Page 838-849 and amendments recorded in: Book 392, pages 1060-64; Book 436, pages 1292-93; Book 453, pages 3893-94; Instrument # 201900007207; Office of the Recorder of Deeds of Stone County, Missouri.
This Declaration is made this 7th day of November, 1991, by R.D.'s Kids, Inc., a Missouri Corporation, ("Declarant") and the owners of lots in Patterson Duc Club Subdivision, as per the recorded plat in Book 16, pages 86-87 and Book 13, pages 70-71 thereof recorded in the Office of the Recorder of Deeds of Stone County, Missouri, the legal description of said real estate being shown on Exhibit "A" attached hereto and incorporated herein by reference.
Whereas, Declarant and owners do hereby establish a plan for the ownership in fee simple of the lots located on the real property described in the attached Exhibit "A".
Now, therefore, Declarant and owners do hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, Owners, their heirs, successors and assigns, and any person or entity acquiring or owning an interest in the real property and improvements, their grantees and their heirs, executors, trustees, administrators, devisees, successors and assigns.
of a lot, whether improved or unimproved, an assessment in a sum sufficient for the normal operation, repair, maintenance and improvement of the common elements which are the responsibility of the Association which sum may include, but shall not be limited to, taxes and special assessments until separately assessed, snow removal and road repair, premiums for insurance, landscaping and care of grounds, common lighting and heating, repairs and renovations, trash and garbage collection, legal and accounting fees, as well as all other costs and expenses relating to the Association and the common elements together with an amount sufficient to establish a reasonable contingency reserve for purposes of operations, maintenance, repair and replacement of any of the common elements. Any major capital improvement to the water or sewer system such as, but not limited to, a new water tank or sewer improvement due to new regulations on emissions shall be considered a common expense to be shared by all property owners. The annual assessments provided for herein shall commence on January 1, 2002, and shall be in such amount as the Board shall specify. Until the Board specifies the amount of the annual assessment, such assessment shall be in the sum of $300.00. After the Board has set the amount of the annual assessment, such amount shall be the annual assessment for each year thereafter until the Board by appropriated action changes the amount of the annual assessment. The annual assessment for any year shall become due and payable on the 1st day of January of each year and shall be considered delinquent if not paid by March 1st of each year, or at such other date as is designated by the Board.
certificate in writing signed by an officer of the Association,
setting
forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. If an assessment is not paid on the date due, then such assessment shall become delinquent and shall, together with interest and costs of collection, thereupon become a continuing lien on the property which shall bind such property in the hands of the owners, his or her heirs, devisees, personal representatives and assigns. The personal obligation of the then owner to pay such assessment, however, shall remain his or her personal obligation and shall not pass to his or her successors in title unless expressly assumed by them. If the assessment is not paid when due, the assessment shall bear interest from the date of delinquency at the rate of nine percent (9%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or an action to foreclose the lien against the property, or both, and there shall be added to the amount of such assessment and interest the reasonable attorneys fees incurred in collection. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the services and facilities provided or by abandonment of his or her lot. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon a property subject to assessment; provided, however, that such subordination shall apply only to the assessment which shall have become due and payable prior to the sale or transfer of such property pursuant to a foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Such sale or transfer shall not relieve the personal obligation of the property owner for the assessments coming due during the time he owned the property.
4. Architectural Control Committee.
(a) Designation of Committee: PATTERSON DUCK CLUB PROPERTY OWNERS ASSOCIATION, hereinafter referred to as the "Association" shall have an Architectural Control Committee, which shall consist of three (3) members who shall be natural persons, and who shall be appointed by the President of the Property Owners Association.
(b) Committee Function of Architectural Control: No improvements, as that term is hereinafter defined, shall be erected, constructed, placed, altered (by addition or deletion), demolished, maintained or permitted to remain on any portion of a lot until plans and specifications, in such form and detail as the Architectural Control Committee may deem necessary, shall have been submitted to and approved in writing. The Architectural Control Committee shall have discretion in the refusal or approval of plans and specifications, provided however. that reasonable consent and approval of plans and specifications by the Architectural Control Committee shall not be withheld.
(2) The location of buildings, parking areas and driveways, landscaped areas, below ground utility equipment and facilities, and other improvements.
(3) Final grading plans.
(4) All building elevations, sections, roof plans and floor plans.
(5) Color and material samples of the exterior finish.
(6) Site lines to and from all buildings.
(7) A topographical plot showing existing contour grades and showing the location of all improvements, structures, walks, patios, waterways, driveways, fences and walls. Existing and finished grades shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions shall be indicated as well as cut and fill details if any appreciable change in the lot contours is contemplated.
(8) Utility connections.
(9) Any other materials or documents requested by the Committee.
(d) Definition of "Improvement": Improvement shall mean and include all buildings, roofed structures, parking areas, loading areas, tracks, fences, walls, hedges, mass plantings, poles, driveways, pools, ponds, waterways, drainage areas, lakes, dams, swimming pools, tennis courts, signs, changes in any exterior color or shape, changes in any exterior windows, and any new exterior improvement exceeding One Thousand Dollars ($1,000.00) in cost which may not be included in any of the foregoing. It does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which ordinarily would be expended in accounting practice and which does not change exterior colors or exterior appearances. It does include both original improvements and all later changes and improvements.
(e) Basis or Approval: If, in the judgment of the Architectural Control Committee the circumstances require, the Committee may grant variances from the terms and condition of this Declaration.
5. Protective Covenants: Covenants applicable to the Properties The following provisions shall be applicable to any and all construction, improvement, alteration, or addition to any of the Properties:
(a) Use Limitations. The property, except the common areas. shall be used for single family residential purposes, except Developer's sales and administrative Office.
(b) Dwelling Size. No dwelling shall be constructed on any lot which does not equal or exceed the requirements which follow, it being the intention and purpose of this covenant to assure that all dwellings shall be of the highest quality materials, workmanship available arid suitability to the overall Patterson Duck Club Plans, as follows:
(1) One story dwellings shall have a minimum of 1,200 square feet of heated living space on one floor and an attached two car garage.
(2) Two story dwellings shall have a minimum of 1,200 square feet of heated living space on the ground floor and an attached two car garage.
(c) Other Restrictions. In addition to the foregoing, the following uses are not permitted on the Properties:
(1) Noxious or Offensive Activities: No noxious or offensive activities shall be carried on upon any lot nor shall anything be done or placed upon any lot which is or may become a nuisance or shall cause unreasonable disturbance or annoyance to others, all of which shall be determined by Declarant and/or by the Association in their respective sole discretion.
(2) Hazardous Activities: No activity shall be conducted upon any lot which is or might be unsafe or hazardous to any person or other lot or improvement, which shall be determined by Declarant and/or the Association in their respective sole discretion.
(3) Lights, Sounds or Odors: No light shall be emitted from any lot which is unreasonably bright or causes unreasonable glare and no highly reflective materials (such as glazed or reflective glass) shall be permitted on the exterior of a building. Tinted or smoked glass shall be permitted on the exterior of buildings within the Properties. No sound, loud music or other vibration shall be emitted from any lot which is unreasonably loud, noxious, excessive or annoying. No odor shall be emitted from any lot which is noxious or offensive to others. All of the determinations in this section shall be made by Declarant and/or the Association in their respective sole discretion.
(4) Animals: No animals shall be kept, maintained or regularly brought to any lot for any purpose involving the raising, breeding or keeping of any animals or poultry; provided however, that up to two (2) normal domestic pets may be kept inside a house located on a lot used for residential purposes, and dogs which assist sight or hearing impaired individuals may be brought upon the Properties. The determinations in this section shall be made by Declarant and/or the Association in their respective sole discretion. However, all such pets shall be kept on leashes unless in their own fenced yard.
(5) Antennae: No antenna or other device for the transmission or reception of electronic signals, shall be erected, used or maintained outdoors on any lot, which antenna or other device shall be visible from the street adjoining the front of said lot, unless approved by the Architectural Committee. Exterior television antennas or other antennas shall not be permitted. Provided however, the Architectural Committee shall have the authority to award variances with respect to the foregoing prohibition. As regards TV dish antennae, no such antenna shall be permitted on any lot without the prior written approval of the Architectural Committee.
(6) Temporary Occupancy: No trailer, basement or any incomplete building, tent, shack or garage and no temporary building or structure of any kind shall be used at any time for a residence on any property within the project. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after the completion of construction. Provided however, that the Declarant shall have the continuing right to maintain a field sales office and administrative offices in mobile trailers or model homes for al long as Declarant shall deem it necessary on any lot of the project (including any additions thereto), and no Building or Owner shall have standing to object to the maintenance or location of such office.
(7) Trailers and Motor Vehicles: No mobile or motor home, all terrain vehicle (ATV), trailer of any kind, (except those owned by Declarant and used as field sales or administrative offices), truck (larger than 3/4 ton), camper, boat, or permanent tent or similar structure shall be kept outside, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired upon any property or street (public or private) within the project, or any additions thereto, in such a manner as will be visible from neighboring property; Provided however, that the provisions of this paragraph shall not apply to emergency vehicle repairs, Declarant Sales Office and Administrative Offices or temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any improvement approved by the Architectural Committee; and, provided, moreover, that the provisions of this paragraph shall not apply with respect to any motor home or camper occupied by any guest or guests of any owner for a period not to exceed one (1) week in duration, provided, moreover, that six (6) months shall lapse subsequent to each such week of occupancy before another one (1) week period shall become available to said guest or guests aforementioned.
(8) Motor Vehicles-Excessive Noise: If the Board determines that any motor vehicle is creating loud or annoying noises by virtue of its operation within the Properties, such determination shall be conclusive and final that the operation of such motor vehicle is a nuisance and said operation, upon notice by the Board to the owner or operator thereof, shall be prohibited within the Properties.
(9) Nuisances: No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot within the project, and no odors shall be permitted to arise there from so as to render any such lot or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other lot in the vicinity thereof or to its occupants.
(10) Restriction on Further Subdivision: No lot within the project shall be further subdivided or separated into smaller lots or parcels by any owner.
(11) Signs: No sign of any kind shall be displayed to the public view on any lot except:
(i) One sign of not more than thirty-two (32) square feet, advertising the property for sale or rent;
(ii) Signs of not more than thirty-two (32) square feet by builders to advertise the property during the construction and sales period;
(iii) Signs of such shape, size and location as the Declarant deems necessary for security control and to advertise the project;
(iv) One sign, not to exceed twelve (12) square feet in size, which may contain the name or names of the Owner or Owners and/or the dwelling unit number.
(12) Building Location:
(i) No building shall be located nearer to any street right-of-way line than the minimum set back line shown on the recorded plat of the project, or any additions thereto.
(ii) No building shall be located nearer to any interior side lot line than ten (10) feet.
(13) Old Houses or Prefabricated Houses: No old house, mobile home, trailer, prefabricated house or other building or structure may be transported, moved or placed upon any lot.
(14) Private Wells: No water wells or other well shall be drilled or placed upon any lot.
(15) Rental and Lease Restrictions: From the date of recording of this Amendment, no Lot Owner shall be allowed to rent or lease his/her/their property located within Patterson Duck Club Subdivision on a short-term or nightly rental basis, which shall be defined as any term lasting less than six (6) months. Any Lot Owner currently engaged in renting, leasing, or subleasing a property on a short-term, or nightly rental basis, shall be allowed to continue such renting, leasing or subleasing activities until said property is sold or conveyed to a Third Party. For the purpose of this provision, “Third Party” shall be defined as any person, or entity, who is not currently an Owner as that term is defined in the Declaration. However, this provision shall not be construed to limit the ability of a Lot Owner to transfer his/her/their property to a trust (or other similar type of document for estate planning purposes) owned by the Lot Owner. Any such transfer to a trust (or other similar type document for estate planning purposes) shall not terminate the rights of the Lot Owner to continue renting or leasing his/her/their property on a short-term or nightly rental basis, unless and until such property is transferred to a beneficiary or Third Party, as defined herein, at which time the right to rent or least the property on a short-term or nightly rental basis shall terminate. Any Lot Owner currently engaged in short-term or nightly rentals and/or leasing must, upon sale or conveyance of said Lot, notify any potential buyer or person taking title that no property within Patterson Duck Club subdivision may be rented or leased on a short-term or nightly rental basis, as defined herein.
6. Sewer System.
Section 1. Rights, Powers and Duties of the Association. The Association shall have the following rights, powers and duties in regard to the sewer system:
(a) The Association shall construct, maintain, operate, repair, improve and regulate the use of the sewer system. In connection with such construction, maintenance, operation, repair, improvement and regulation of the sewer system, the Association shall comply with all requirements and duties imposed by the Missouri Clean Water Law, Chapter 204, RSM0., and all standards, rules and regulations adopted pursuant thereto and permits and orders issued there-under, and all other provisions of law, federal, state and local, as such may exist from time to time.
(b) The Association shall provide to all lot owners in the above described property the right and advantage of connection with such sewer system for the collection, treatment and disposal of sewage and wastewater, subject, however, to the conditions hereinafter provided, and subject to such reasonable rules and regulation as may be prescribed by the Association, such rules and regulations to be uniform in application to all owners of lots of the same classification.
(c) The Association may acquire for addition to the sewer system any sewage treatment facilities, properties, and improvements of the type described in this Declaration which are located outside the properties described above, and may permit any property and improvements located outside the properties described above to be connected to the sewer system, provided that all such assets which are acquired for addition to the sewer system and all such property and improvements which are permitted to be connected to the sewer system shall be subject to all the terms, conditions and restrictions of the Declaration and the rules and regulations of the Association promulgated pursuant thereto.
(d) The Association is empowered to transfer and convey to any public authority, municipal corporation or private corporation certificated by the Public Service Commission of Missouri, said sewer system, either with or without money consideration therefore, an such conveyance shall become mandatory and shall be made by the Association as soon as practicable, when any such public authority, municipal corporation or private corporation certificated by the Public Service Commission becomes capable of accepting such conveyance and thereafter performing all functions relating to the construction, maintenance, operation, repair, improvement and regulation of the sewer system.
(e) The Association is empowered to contract with any other person, firm, or governmental or other entity for the performance of all or any part of the sewage treatment services, or construction, repair and improvement of the sewer system, provided that the cost of any such contract shall be paid by the Association in the same manner as all other costs and expenses incurred by the Association in operating and maintaining the sewer system.
(f) The Board of Directors shall adopt, prescribe and enforce reasonable rules and regulations with respect to the use of the sewer system. Said rules and regulations shall not conflict with the Missouri Clean Water Law and regulations promulgated pursuant thereto.
(g) The Board of Directors shall be authorized to contract for and obtain such policies of insurance and surety bonds as it may deem necessary or appropriate concerning construction, maintenance, operation, repair and improvement of the sewer system.
(h) The Board of Directors shall be authorized from time to time to employ such agents, servants and employees as them may determine necessary, and may employ counsel to prosecute or defend suits or actions for or against them concerning the sewer system and the operation thereof.
(i) The Board of Directors, its successors and assigns, shall be authorized to establish a perpetual easement in gross for ingress and egress, to perform its obligations and duties as required by these by-laws. Should it be necessary to enter a unit to repair a common element or sewer facility, agents and workmen shall be entitled to entrance by exhibiting to the unit owner an order from the Board of Directors.
Section 2. Connection to the sewer system. All homes and other structures requiring sewage or wastewater disposal facilities shall be connected to the sewer system, and no such home or structure may be occupied unless so connected to the sewer system. No septic tank, cesspool, outhouse or other means of disposal of sewage on an individual lot may be used in the subdivision.
Section 3. Duty to maintain, repair and improve. If the sewer system shall at any time require maintenance, repair, improvement or replacement, it shall be the duty of the Association to cause the same to be done, and the Association shall have the power to contract for the same and to determine the terms of the contract. The Association shall pay for the costs thereof from the annual and special assessments made there-under. The Association shall also be empowered to borrow money and to pledge the assets of the Association as security therefore, in order to make payment for such costs.
6A. General Provisions Relating to the Sewer System.
Section 1. Enforcement: Enforcement of these covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenants or restrictions, either to restrain violation, to require correction of a violation, or to recover damages, and against the land to enforce the lien created by these covenants. Failure to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter. In addition to the power of any owner or the Association to enforce these covenants and restrictions, the provisions herein relating to the sewer system, provision of sewage treatment and disposal services and facilities, and making and collection of assessments for such purposes, may be enforced in a proceeding in equity by the Commission, as beneficiaries of such provisions.
Section 2. Right of Entry: The right to enter any lot or tract at any reasonable time for the purpose of inspection, maintenance and repair of the sewer system, or for the purpose of inspecting for possible violations of the provisions of these covenants and restrictions or possible violations of the Missouri Clean Water Law and Regulations, is granted to the Association and its authorized representatives, the Commission, its successors and representatives, the developer, and the representatives of any person, firm, corporation, municipality or public agency contracting or otherwise acting with or for the Association to provide operation, maintenance or monitoring service for the sewer system. Easements not shown on the plat recorded in Book 16, Pages 86-87, Office of the Recorder of Deeds, Stone County, Missouri, are located under the streets shown on said plat.
7. Miscellaneous Provisions.
Section 1. Duration: This Declaration and the covenants, restrictions, charges, and liens set out herein shall run with the bind the land, and shall inure to the benefit of and be enforceable by the Association, and every owner of any part of the Properties, including Declarant, and their respective legal representatives, heirs, successors and assigns for a term beginning on the date this Declaration is recorded, and continuing for a period of twenty (20) years after which time said covenants shall be automatically extended for successive periods of five (5) years unless a change (the word "change" including additions, deletions or modifications thereto, in whole or in part) is approved as provided below.
Section 2. Amendment: All Articles may be amended or terminated at any time by at least seventy-five percent (75%) of the total eligible votes of the property owners voting together. Owners may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all owners at least thirty (30) days in advance and shall set forth the purpose of such meeting. Any such amendment or termination shall become effective when an instrument is filed for record in the Office of the Recorder of Deeds for Stone County, Missouri.
IN WITNESS WHEREOF, this Declaration is executed this 7th day of November, 1991, by the Declarant and all other lot owners in Patterson Duck Club Subdivision.
R.D. Kids, Inc.
By: Kandis M. Davis, President
ATTEST:
Kandis M. Davis, Secretary
Shigeo Sogawa Jack O. McDowell
Ricko Sogawa Noriko K. McDowell
Robert R. Huels Richard J. McFall
Linda D. Huels Juanita McFall
B. Gene Daughhetee Karmen Dircks
Phyllis M. Daughhetee Linda Dircks
Alice Carol Gasko
A REPLAT OF PATTERSON DUCK CLUB SUBDIVISION
SEC. 4, TOWNSHIP 22 NORTH, RANGE 22
STONE COUNTY, MISSOURI
DESCRIPTION:
A PORTION OF THE SW4 OF THE SE4 OF SECTION 4, TOWNSHIP 22 NORTH, RANGE 22 WEST. STONE COUNTY MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SW4 OF THE SE4, BEING AN EXISTING LIMESTONE, THENCE N 0'26' 48" E ALONG THE WEST LINE OF SAID SW4 OF THE SE4, 164.55 FEET TO A CORPS OF ENGINEERS BRASS MONUMENT, BEING THE POINT OF BEGINNING, THENCE CONTINUING N 0'26'48" E ALONG SAID WEST LNE 824.44 FEET TO CORPS OF ENGINEERS BASS MONUMENT, THENCE N 45'09'31" E 232.75 FEET, THENCE N 0’26’48" E, 10.00 FEET, THENCE N 89'33'12” W, 163,75 FEET, THENCE N 0'28'48” E, 155.05 FEET TO THE NORTHWEST CORNER OF SAID SW4 OF THE SE4, THENCE S 89'43'16" E ALONG THE NORTH LINE OF SAID SW4 OF THE SE4, 1308.40 FEET TO THE NORTHEAST CORNER OF SAID SW4 OF THE SE4, THENCE S 0’11'14" W ALONG THE EAST LINE OF SAID SW4 OF THE SE4 1316.13 FEET TO THE SOUTHEAST CORNER OF SAID SW4 OF THE SE4, THENCE N 89'53'42” W ALONG THE SOUTH LINE OF SAID SW4 OF THE SE4 1150.56 FEET TO A CORPS OF ENGINEERS BRASS MONUMENT, THENCE N 43'37'32" W, 232.14 FEET TO THE POINT OF BEGINNINGS, CONTAINING 39.02 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
RESTRICTIONS:
THE USE OF ALL LOTS IN THIS SUBDIVISION SHALL HEREAFTER BE SUBJECT TO THE RESTRICTIONS EXECUTED AS A SEPARATE INSTRUMENT OF WRITING BY THE UNDERSIGNED OWNERS AND RECORDED IN THE OFFICE OF THE REGISTRAR OF DEEDS OF STONE COUNTY, MISSOURI. SAID RESTRICTIONS ARE HEREBY MADE A PART OF THE DEDICATION OF THIS PLAT AS THOUGH FULLY SET FORTH HEREIN.
DEDICATION:
STREETS SHOWN ON THIS PLAT AND NOT HERETOFORE DEDICATED TO PUBLIC USE, ARE HEREBY SO DEDICATED.
DECLARATIONS:
SEE SHEET 2 OF 2 FOR ALL DECLARATIONS.
Note: UTILITY EASEMENTS:
FIFTEEN (15) FEET ALONG FRONT OF ALL LOTS
TEN (10) FEET ALONG SIDES OF LOTS
FIFTEEN (15) FEET ALONG BACK LOT LINE OF EACH LOT
(The written contents of Exhibit “A” to the Covenants, without the plat map of the subdivision attached.)
OF THE
PATTERSON DUCK CLUB
The Declaration (dated October 24, 1989) of Patterson Duck Club is recorded in Book 196, Pages 1164-1173 and the amendment thereto recorded in Book 198, Pages 1090-95; the restated Declaration (seen below) is recorded in Book 206, Page 838-849 and amendments recorded in: Book 392, pages 1060-64; Book 436, pages 1292-93; Book 453, pages 3893-94; Instrument # 201900007207; Office of the Recorder of Deeds of Stone County, Missouri.
This Declaration is made this 7th day of November, 1991, by R.D.'s Kids, Inc., a Missouri Corporation, ("Declarant") and the owners of lots in Patterson Duc Club Subdivision, as per the recorded plat in Book 16, pages 86-87 and Book 13, pages 70-71 thereof recorded in the Office of the Recorder of Deeds of Stone County, Missouri, the legal description of said real estate being shown on Exhibit "A" attached hereto and incorporated herein by reference.
Whereas, Declarant and owners do hereby establish a plan for the ownership in fee simple of the lots located on the real property described in the attached Exhibit "A".
Now, therefore, Declarant and owners do hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, Owners, their heirs, successors and assigns, and any person or entity acquiring or owning an interest in the real property and improvements, their grantees and their heirs, executors, trustees, administrators, devisees, successors and assigns.
- Definitions: The terms used in this Declaration unless the context shall expressly provide otherwise, shall mean:
- "Association" shall mean PATTERSON DUCK CLUB PROPERTY OWNERS. This Association shall be responsible for the operation, control and common maintenance of PATTERSON DUCK CLUB as herein defined;
- "Board" shall mean PATTERSON DUCK CLUB PROPERTY OWNERS ASSOCIATION Board Members. The Board shall consist of three Members elected by the Patterson Duck Club Property Owners.
- "Declarant", R.D.'s Kids, Inc., a Missouri Corporation; and its successors and assigns;
- "Declaration", this instrument and all amendments hereto;
- "Majority" or “Majority of the Lot Owners", as that term is used in respect to all matters shall mean the owners of more than fifty percent of the total number of lots;
- "Plat", a plat or plats of survey or surveys together with amendments thereto of the parcel or parcels and of all lots which are proposed for inclusion in the property;
- "Property" or "Project", all the land, property or properties and space comprising the parcel or parcels, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and appurtenances belonging thereto, and all fixtures and equipment intended for the mutual benefit or enjoyment of the lot owners;
- "Lot Owner" or "Owner", the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a lot;
- "Common Expenses", the expenditures made by or financial liabilities of the Association together with any allocation to reserves.
- Easements. Emergency Easement: An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons to enter upon all streets and upon the project in the performance of their duties.
- Assessments.
- Metered Assessments for Sewer and Water. The Association shall collect assessments for the use of and the services rendered by the water and sewer system from the owner of each and every lot which is connected with the water and sewer system of the association. Except as herein otherwise provided, assessments for sewer and water usage shall be based on the quantity of water used on or in the property or premises subject to such charges; shall be computed by applying the rates for such usage as established by the board as herein provided; and shall be payable as herein provided. At least annually, the Board shall fix the rate of assessment for use of the sewer and water system to be charged for the ensuing physical year or until otherwise reviewed and adjusted by the Board, such rate to be expressed in terms of an amount charged per 1,000 gallons of metered usage. Prior to fixing the rate of assessment for sewer and water usage, the board shall meet and adopt a tentative budget of the estimated amounts required to pay the expenses of operating the sewer and water system including a reserve fund for repair of the water and sewer system. In establishing the estimates of proposed expenditures for the various purposes and amounts needed for reserves, the Board shall consult with and consider the recommendations of the operator of the water and sewer system for the Association. After adopting the sewer and water budget, the board shall adopt rates of assessment sufficient to raise the amounts estimated to be required in said budget including the cost of operating and maintaining the system as well as any reserve requirements. The initial rate of assessment for sewer and water usage shall be as indicated on the water and sewer rate calculation chart attached hereto until such rate of assessment is otherwise changed by the Board as herein provided. All water meters shall be read monthly or at any other periodically convenient time and bills for water and sewer usage shall be rendered monthly as such services accrue. The entity designated by the board to prepare and render bills for water and sewer services, shall calculate monthly the amount of each bill for water and sewer service, and shall render monthly to each owner a bill for water and sewer assessments based upon such monthly water meter readings or an average of such water bills between readings. All such bills for water and sewer services shall be due and payable at the address indicated on the billing and are due within twenty days after delivery or mailing of the billing. If any bill for water and sewer services or for either water service or sewer service shall remain due and unpaid after thirty (30) days from the due date thereof such service to such customer shall be discontinued and shall not be reconnected until all past due bills are paid in full, together with a disconnection and reconnection charge as established by the Board. Any owner requesting a new connection to the water and sewer system shall first contact the operator of the water and sewer system as designated by the board and shall supply the operator with any requested information for billing purposes. Costs and expenses incident to the installation and connection to the water and sewer system, including the cost of a meter, as well as all costs and expenses incident to the maintenance, operation, replacement and repair of the water line to the owner's side of the meter, shall be borne by the owner. The owner shall indemnify the association from any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance, operation and repair of the water connection. In addition, any owner requesting a new connection to the water and sewer system shall pay a one time hookup fee of $500.00 or such other amount as established by the Board from time to time.
- Annual Assessment. The Association is hereby empowered to make and collect during each year from each owner
of a lot, whether improved or unimproved, an assessment in a sum sufficient for the normal operation, repair, maintenance and improvement of the common elements which are the responsibility of the Association which sum may include, but shall not be limited to, taxes and special assessments until separately assessed, snow removal and road repair, premiums for insurance, landscaping and care of grounds, common lighting and heating, repairs and renovations, trash and garbage collection, legal and accounting fees, as well as all other costs and expenses relating to the Association and the common elements together with an amount sufficient to establish a reasonable contingency reserve for purposes of operations, maintenance, repair and replacement of any of the common elements. Any major capital improvement to the water or sewer system such as, but not limited to, a new water tank or sewer improvement due to new regulations on emissions shall be considered a common expense to be shared by all property owners. The annual assessments provided for herein shall commence on January 1, 2002, and shall be in such amount as the Board shall specify. Until the Board specifies the amount of the annual assessment, such assessment shall be in the sum of $300.00. After the Board has set the amount of the annual assessment, such amount shall be the annual assessment for each year thereafter until the Board by appropriated action changes the amount of the annual assessment. The annual assessment for any year shall become due and payable on the 1st day of January of each year and shall be considered delinquent if not paid by March 1st of each year, or at such other date as is designated by the Board.
- Special Assessment. In the event the sums derived from the water and sewer assessments and annual assessments are inadequate to pay the expense of construction, operation, maintenance, repair or improvement of the water and sewer system, roads and common areas and facilities located thereon, the association may levy and collect additional special assessments for such purposes from time to time, as determined by the Board. Special assessments shall become due and payable thirty (30) days after the date on which the Board sets the amount of the special assessment unless some other date is specified by the Board.
- Collection of Assessments. Written notice of any annual or special assessment shall be sent to every owner subject thereto not later than seven (7) days after fixing a date of commencement thereof. The Association shall, on demand, and for a reasonable charge, furnish to any owner liable for said assessment a
certificate in writing signed by an officer of the Association,
setting
forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. If an assessment is not paid on the date due, then such assessment shall become delinquent and shall, together with interest and costs of collection, thereupon become a continuing lien on the property which shall bind such property in the hands of the owners, his or her heirs, devisees, personal representatives and assigns. The personal obligation of the then owner to pay such assessment, however, shall remain his or her personal obligation and shall not pass to his or her successors in title unless expressly assumed by them. If the assessment is not paid when due, the assessment shall bear interest from the date of delinquency at the rate of nine percent (9%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or an action to foreclose the lien against the property, or both, and there shall be added to the amount of such assessment and interest the reasonable attorneys fees incurred in collection. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the services and facilities provided or by abandonment of his or her lot. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon a property subject to assessment; provided, however, that such subordination shall apply only to the assessment which shall have become due and payable prior to the sale or transfer of such property pursuant to a foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Such sale or transfer shall not relieve the personal obligation of the property owner for the assessments coming due during the time he owned the property.
- Combining of Lots for Purposes of Assessments not Allowed. Annual and special assessments shall apply to each lot in the subdivision. Under no circumstances shall lots be combined for purposes of assessments. One or more lots combined by an owner for purposes of constructing one residence shall continue to be assessed as separate lots. However, this restriction on combining lots shall not apply to Lots 8 and 9, on which there is currently located one residence in that said lots have been combined for purposes of assessments by the Association for many years with approval of the
4. Architectural Control Committee.
(a) Designation of Committee: PATTERSON DUCK CLUB PROPERTY OWNERS ASSOCIATION, hereinafter referred to as the "Association" shall have an Architectural Control Committee, which shall consist of three (3) members who shall be natural persons, and who shall be appointed by the President of the Property Owners Association.
(b) Committee Function of Architectural Control: No improvements, as that term is hereinafter defined, shall be erected, constructed, placed, altered (by addition or deletion), demolished, maintained or permitted to remain on any portion of a lot until plans and specifications, in such form and detail as the Architectural Control Committee may deem necessary, shall have been submitted to and approved in writing. The Architectural Control Committee shall have discretion in the refusal or approval of plans and specifications, provided however. that reasonable consent and approval of plans and specifications by the Architectural Control Committee shall not be withheld.
- Content of Plans and Specifications; The plans and specifications to be submitted and approved as provided herein below shall include the following:
(2) The location of buildings, parking areas and driveways, landscaped areas, below ground utility equipment and facilities, and other improvements.
(3) Final grading plans.
(4) All building elevations, sections, roof plans and floor plans.
(5) Color and material samples of the exterior finish.
(6) Site lines to and from all buildings.
(7) A topographical plot showing existing contour grades and showing the location of all improvements, structures, walks, patios, waterways, driveways, fences and walls. Existing and finished grades shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions shall be indicated as well as cut and fill details if any appreciable change in the lot contours is contemplated.
(8) Utility connections.
(9) Any other materials or documents requested by the Committee.
(d) Definition of "Improvement": Improvement shall mean and include all buildings, roofed structures, parking areas, loading areas, tracks, fences, walls, hedges, mass plantings, poles, driveways, pools, ponds, waterways, drainage areas, lakes, dams, swimming pools, tennis courts, signs, changes in any exterior color or shape, changes in any exterior windows, and any new exterior improvement exceeding One Thousand Dollars ($1,000.00) in cost which may not be included in any of the foregoing. It does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which ordinarily would be expended in accounting practice and which does not change exterior colors or exterior appearances. It does include both original improvements and all later changes and improvements.
(e) Basis or Approval: If, in the judgment of the Architectural Control Committee the circumstances require, the Committee may grant variances from the terms and condition of this Declaration.
5. Protective Covenants: Covenants applicable to the Properties The following provisions shall be applicable to any and all construction, improvement, alteration, or addition to any of the Properties:
(a) Use Limitations. The property, except the common areas. shall be used for single family residential purposes, except Developer's sales and administrative Office.
(b) Dwelling Size. No dwelling shall be constructed on any lot which does not equal or exceed the requirements which follow, it being the intention and purpose of this covenant to assure that all dwellings shall be of the highest quality materials, workmanship available arid suitability to the overall Patterson Duck Club Plans, as follows:
(1) One story dwellings shall have a minimum of 1,200 square feet of heated living space on one floor and an attached two car garage.
(2) Two story dwellings shall have a minimum of 1,200 square feet of heated living space on the ground floor and an attached two car garage.
(c) Other Restrictions. In addition to the foregoing, the following uses are not permitted on the Properties:
(1) Noxious or Offensive Activities: No noxious or offensive activities shall be carried on upon any lot nor shall anything be done or placed upon any lot which is or may become a nuisance or shall cause unreasonable disturbance or annoyance to others, all of which shall be determined by Declarant and/or by the Association in their respective sole discretion.
(2) Hazardous Activities: No activity shall be conducted upon any lot which is or might be unsafe or hazardous to any person or other lot or improvement, which shall be determined by Declarant and/or the Association in their respective sole discretion.
(3) Lights, Sounds or Odors: No light shall be emitted from any lot which is unreasonably bright or causes unreasonable glare and no highly reflective materials (such as glazed or reflective glass) shall be permitted on the exterior of a building. Tinted or smoked glass shall be permitted on the exterior of buildings within the Properties. No sound, loud music or other vibration shall be emitted from any lot which is unreasonably loud, noxious, excessive or annoying. No odor shall be emitted from any lot which is noxious or offensive to others. All of the determinations in this section shall be made by Declarant and/or the Association in their respective sole discretion.
(4) Animals: No animals shall be kept, maintained or regularly brought to any lot for any purpose involving the raising, breeding or keeping of any animals or poultry; provided however, that up to two (2) normal domestic pets may be kept inside a house located on a lot used for residential purposes, and dogs which assist sight or hearing impaired individuals may be brought upon the Properties. The determinations in this section shall be made by Declarant and/or the Association in their respective sole discretion. However, all such pets shall be kept on leashes unless in their own fenced yard.
(5) Antennae: No antenna or other device for the transmission or reception of electronic signals, shall be erected, used or maintained outdoors on any lot, which antenna or other device shall be visible from the street adjoining the front of said lot, unless approved by the Architectural Committee. Exterior television antennas or other antennas shall not be permitted. Provided however, the Architectural Committee shall have the authority to award variances with respect to the foregoing prohibition. As regards TV dish antennae, no such antenna shall be permitted on any lot without the prior written approval of the Architectural Committee.
(6) Temporary Occupancy: No trailer, basement or any incomplete building, tent, shack or garage and no temporary building or structure of any kind shall be used at any time for a residence on any property within the project. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after the completion of construction. Provided however, that the Declarant shall have the continuing right to maintain a field sales office and administrative offices in mobile trailers or model homes for al long as Declarant shall deem it necessary on any lot of the project (including any additions thereto), and no Building or Owner shall have standing to object to the maintenance or location of such office.
(7) Trailers and Motor Vehicles: No mobile or motor home, all terrain vehicle (ATV), trailer of any kind, (except those owned by Declarant and used as field sales or administrative offices), truck (larger than 3/4 ton), camper, boat, or permanent tent or similar structure shall be kept outside, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired upon any property or street (public or private) within the project, or any additions thereto, in such a manner as will be visible from neighboring property; Provided however, that the provisions of this paragraph shall not apply to emergency vehicle repairs, Declarant Sales Office and Administrative Offices or temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any improvement approved by the Architectural Committee; and, provided, moreover, that the provisions of this paragraph shall not apply with respect to any motor home or camper occupied by any guest or guests of any owner for a period not to exceed one (1) week in duration, provided, moreover, that six (6) months shall lapse subsequent to each such week of occupancy before another one (1) week period shall become available to said guest or guests aforementioned.
(8) Motor Vehicles-Excessive Noise: If the Board determines that any motor vehicle is creating loud or annoying noises by virtue of its operation within the Properties, such determination shall be conclusive and final that the operation of such motor vehicle is a nuisance and said operation, upon notice by the Board to the owner or operator thereof, shall be prohibited within the Properties.
(9) Nuisances: No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot within the project, and no odors shall be permitted to arise there from so as to render any such lot or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other lot in the vicinity thereof or to its occupants.
(10) Restriction on Further Subdivision: No lot within the project shall be further subdivided or separated into smaller lots or parcels by any owner.
(11) Signs: No sign of any kind shall be displayed to the public view on any lot except:
(i) One sign of not more than thirty-two (32) square feet, advertising the property for sale or rent;
(ii) Signs of not more than thirty-two (32) square feet by builders to advertise the property during the construction and sales period;
(iii) Signs of such shape, size and location as the Declarant deems necessary for security control and to advertise the project;
(iv) One sign, not to exceed twelve (12) square feet in size, which may contain the name or names of the Owner or Owners and/or the dwelling unit number.
(12) Building Location:
(i) No building shall be located nearer to any street right-of-way line than the minimum set back line shown on the recorded plat of the project, or any additions thereto.
(ii) No building shall be located nearer to any interior side lot line than ten (10) feet.
(13) Old Houses or Prefabricated Houses: No old house, mobile home, trailer, prefabricated house or other building or structure may be transported, moved or placed upon any lot.
(14) Private Wells: No water wells or other well shall be drilled or placed upon any lot.
(15) Rental and Lease Restrictions: From the date of recording of this Amendment, no Lot Owner shall be allowed to rent or lease his/her/their property located within Patterson Duck Club Subdivision on a short-term or nightly rental basis, which shall be defined as any term lasting less than six (6) months. Any Lot Owner currently engaged in renting, leasing, or subleasing a property on a short-term, or nightly rental basis, shall be allowed to continue such renting, leasing or subleasing activities until said property is sold or conveyed to a Third Party. For the purpose of this provision, “Third Party” shall be defined as any person, or entity, who is not currently an Owner as that term is defined in the Declaration. However, this provision shall not be construed to limit the ability of a Lot Owner to transfer his/her/their property to a trust (or other similar type of document for estate planning purposes) owned by the Lot Owner. Any such transfer to a trust (or other similar type document for estate planning purposes) shall not terminate the rights of the Lot Owner to continue renting or leasing his/her/their property on a short-term or nightly rental basis, unless and until such property is transferred to a beneficiary or Third Party, as defined herein, at which time the right to rent or least the property on a short-term or nightly rental basis shall terminate. Any Lot Owner currently engaged in short-term or nightly rentals and/or leasing must, upon sale or conveyance of said Lot, notify any potential buyer or person taking title that no property within Patterson Duck Club subdivision may be rented or leased on a short-term or nightly rental basis, as defined herein.
6. Sewer System.
Section 1. Rights, Powers and Duties of the Association. The Association shall have the following rights, powers and duties in regard to the sewer system:
(a) The Association shall construct, maintain, operate, repair, improve and regulate the use of the sewer system. In connection with such construction, maintenance, operation, repair, improvement and regulation of the sewer system, the Association shall comply with all requirements and duties imposed by the Missouri Clean Water Law, Chapter 204, RSM0., and all standards, rules and regulations adopted pursuant thereto and permits and orders issued there-under, and all other provisions of law, federal, state and local, as such may exist from time to time.
(b) The Association shall provide to all lot owners in the above described property the right and advantage of connection with such sewer system for the collection, treatment and disposal of sewage and wastewater, subject, however, to the conditions hereinafter provided, and subject to such reasonable rules and regulation as may be prescribed by the Association, such rules and regulations to be uniform in application to all owners of lots of the same classification.
(c) The Association may acquire for addition to the sewer system any sewage treatment facilities, properties, and improvements of the type described in this Declaration which are located outside the properties described above, and may permit any property and improvements located outside the properties described above to be connected to the sewer system, provided that all such assets which are acquired for addition to the sewer system and all such property and improvements which are permitted to be connected to the sewer system shall be subject to all the terms, conditions and restrictions of the Declaration and the rules and regulations of the Association promulgated pursuant thereto.
(d) The Association is empowered to transfer and convey to any public authority, municipal corporation or private corporation certificated by the Public Service Commission of Missouri, said sewer system, either with or without money consideration therefore, an such conveyance shall become mandatory and shall be made by the Association as soon as practicable, when any such public authority, municipal corporation or private corporation certificated by the Public Service Commission becomes capable of accepting such conveyance and thereafter performing all functions relating to the construction, maintenance, operation, repair, improvement and regulation of the sewer system.
(e) The Association is empowered to contract with any other person, firm, or governmental or other entity for the performance of all or any part of the sewage treatment services, or construction, repair and improvement of the sewer system, provided that the cost of any such contract shall be paid by the Association in the same manner as all other costs and expenses incurred by the Association in operating and maintaining the sewer system.
(f) The Board of Directors shall adopt, prescribe and enforce reasonable rules and regulations with respect to the use of the sewer system. Said rules and regulations shall not conflict with the Missouri Clean Water Law and regulations promulgated pursuant thereto.
(g) The Board of Directors shall be authorized to contract for and obtain such policies of insurance and surety bonds as it may deem necessary or appropriate concerning construction, maintenance, operation, repair and improvement of the sewer system.
(h) The Board of Directors shall be authorized from time to time to employ such agents, servants and employees as them may determine necessary, and may employ counsel to prosecute or defend suits or actions for or against them concerning the sewer system and the operation thereof.
(i) The Board of Directors, its successors and assigns, shall be authorized to establish a perpetual easement in gross for ingress and egress, to perform its obligations and duties as required by these by-laws. Should it be necessary to enter a unit to repair a common element or sewer facility, agents and workmen shall be entitled to entrance by exhibiting to the unit owner an order from the Board of Directors.
Section 2. Connection to the sewer system. All homes and other structures requiring sewage or wastewater disposal facilities shall be connected to the sewer system, and no such home or structure may be occupied unless so connected to the sewer system. No septic tank, cesspool, outhouse or other means of disposal of sewage on an individual lot may be used in the subdivision.
Section 3. Duty to maintain, repair and improve. If the sewer system shall at any time require maintenance, repair, improvement or replacement, it shall be the duty of the Association to cause the same to be done, and the Association shall have the power to contract for the same and to determine the terms of the contract. The Association shall pay for the costs thereof from the annual and special assessments made there-under. The Association shall also be empowered to borrow money and to pledge the assets of the Association as security therefore, in order to make payment for such costs.
6A. General Provisions Relating to the Sewer System.
Section 1. Enforcement: Enforcement of these covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenants or restrictions, either to restrain violation, to require correction of a violation, or to recover damages, and against the land to enforce the lien created by these covenants. Failure to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter. In addition to the power of any owner or the Association to enforce these covenants and restrictions, the provisions herein relating to the sewer system, provision of sewage treatment and disposal services and facilities, and making and collection of assessments for such purposes, may be enforced in a proceeding in equity by the Commission, as beneficiaries of such provisions.
Section 2. Right of Entry: The right to enter any lot or tract at any reasonable time for the purpose of inspection, maintenance and repair of the sewer system, or for the purpose of inspecting for possible violations of the provisions of these covenants and restrictions or possible violations of the Missouri Clean Water Law and Regulations, is granted to the Association and its authorized representatives, the Commission, its successors and representatives, the developer, and the representatives of any person, firm, corporation, municipality or public agency contracting or otherwise acting with or for the Association to provide operation, maintenance or monitoring service for the sewer system. Easements not shown on the plat recorded in Book 16, Pages 86-87, Office of the Recorder of Deeds, Stone County, Missouri, are located under the streets shown on said plat.
7. Miscellaneous Provisions.
Section 1. Duration: This Declaration and the covenants, restrictions, charges, and liens set out herein shall run with the bind the land, and shall inure to the benefit of and be enforceable by the Association, and every owner of any part of the Properties, including Declarant, and their respective legal representatives, heirs, successors and assigns for a term beginning on the date this Declaration is recorded, and continuing for a period of twenty (20) years after which time said covenants shall be automatically extended for successive periods of five (5) years unless a change (the word "change" including additions, deletions or modifications thereto, in whole or in part) is approved as provided below.
Section 2. Amendment: All Articles may be amended or terminated at any time by at least seventy-five percent (75%) of the total eligible votes of the property owners voting together. Owners may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all owners at least thirty (30) days in advance and shall set forth the purpose of such meeting. Any such amendment or termination shall become effective when an instrument is filed for record in the Office of the Recorder of Deeds for Stone County, Missouri.
IN WITNESS WHEREOF, this Declaration is executed this 7th day of November, 1991, by the Declarant and all other lot owners in Patterson Duck Club Subdivision.
R.D. Kids, Inc.
By: Kandis M. Davis, President
ATTEST:
Kandis M. Davis, Secretary
Shigeo Sogawa Jack O. McDowell
Ricko Sogawa Noriko K. McDowell
Robert R. Huels Richard J. McFall
Linda D. Huels Juanita McFall
B. Gene Daughhetee Karmen Dircks
Phyllis M. Daughhetee Linda Dircks
Alice Carol Gasko
A REPLAT OF PATTERSON DUCK CLUB SUBDIVISION
SEC. 4, TOWNSHIP 22 NORTH, RANGE 22
STONE COUNTY, MISSOURI
DESCRIPTION:
A PORTION OF THE SW4 OF THE SE4 OF SECTION 4, TOWNSHIP 22 NORTH, RANGE 22 WEST. STONE COUNTY MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SW4 OF THE SE4, BEING AN EXISTING LIMESTONE, THENCE N 0'26' 48" E ALONG THE WEST LINE OF SAID SW4 OF THE SE4, 164.55 FEET TO A CORPS OF ENGINEERS BRASS MONUMENT, BEING THE POINT OF BEGINNING, THENCE CONTINUING N 0'26'48" E ALONG SAID WEST LNE 824.44 FEET TO CORPS OF ENGINEERS BASS MONUMENT, THENCE N 45'09'31" E 232.75 FEET, THENCE N 0’26’48" E, 10.00 FEET, THENCE N 89'33'12” W, 163,75 FEET, THENCE N 0'28'48” E, 155.05 FEET TO THE NORTHWEST CORNER OF SAID SW4 OF THE SE4, THENCE S 89'43'16" E ALONG THE NORTH LINE OF SAID SW4 OF THE SE4, 1308.40 FEET TO THE NORTHEAST CORNER OF SAID SW4 OF THE SE4, THENCE S 0’11'14" W ALONG THE EAST LINE OF SAID SW4 OF THE SE4 1316.13 FEET TO THE SOUTHEAST CORNER OF SAID SW4 OF THE SE4, THENCE N 89'53'42” W ALONG THE SOUTH LINE OF SAID SW4 OF THE SE4 1150.56 FEET TO A CORPS OF ENGINEERS BRASS MONUMENT, THENCE N 43'37'32" W, 232.14 FEET TO THE POINT OF BEGINNINGS, CONTAINING 39.02 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
RESTRICTIONS:
THE USE OF ALL LOTS IN THIS SUBDIVISION SHALL HEREAFTER BE SUBJECT TO THE RESTRICTIONS EXECUTED AS A SEPARATE INSTRUMENT OF WRITING BY THE UNDERSIGNED OWNERS AND RECORDED IN THE OFFICE OF THE REGISTRAR OF DEEDS OF STONE COUNTY, MISSOURI. SAID RESTRICTIONS ARE HEREBY MADE A PART OF THE DEDICATION OF THIS PLAT AS THOUGH FULLY SET FORTH HEREIN.
DEDICATION:
STREETS SHOWN ON THIS PLAT AND NOT HERETOFORE DEDICATED TO PUBLIC USE, ARE HEREBY SO DEDICATED.
DECLARATIONS:
SEE SHEET 2 OF 2 FOR ALL DECLARATIONS.
Note: UTILITY EASEMENTS:
FIFTEEN (15) FEET ALONG FRONT OF ALL LOTS
TEN (10) FEET ALONG SIDES OF LOTS
FIFTEEN (15) FEET ALONG BACK LOT LINE OF EACH LOT
(The written contents of Exhibit “A” to the Covenants, without the plat map of the subdivision attached.)
