KNOW ALL MEN BY THESE
PRESENTS
That the undersigned,
is the owner of all of the lots, parcels or pieces in the following described
real property, to wit:
TIMBER RIDGE
ADDITION Co. Wichita, Sedgwick County, Kansas
The undersigned hereby
imposes the following protective restrictions and covenants upon the above
described real estate (hereafter called "Real Estate") in order
chat they may be put on record in the office of the Register of Deeds of Sedgwick
County, Kansas, and in order that all covenants hereinafter made covering
any portion of the Real Property shall be subject thereto, and shall run with
the Real Property and be binding on all parties having any right, title or
interest therein or any part thereof, their heirs, successors and assigns
and shall inure to the benefit of each owner thereof, to-wit:
Article I
Use, Occupancy,
and Conduct Restrictions
1.01 Personal property
may be stored in the garage of a residence including but not limited to boats,
recreational vehicles or similar items, so long as the garage doors are capable
of being completely closed. Boats and recreational vehicles and similar items
may be located on their residents' property for up to 48 hours without being
in the garage."
1.02 No garage or basement
may be converted into separate apartments or living quarters.
1.03 No "basement
house" shall be constructed upon any lot, piece or parcel which is a
part of the Real Estate.
1.04 All dwellings in
the Real Estate shall be equipped with a mechanical garbage disposal unit
if the same are available. This restriction may be waived in the event such
units are not available because of war or act of a public enemy or an act
of God.
1.05 No previously constructed
building or dwelling may be moved on to said lots, pieces or parcels of the
Real Estate.
1.06 No building shall
be located on any lot nearer to the front line or nearer Co the side street
line than the minimum building setback lines shown on the recorded plat.
No dwelling shall be located on any interior lot line nearer than 20 feet
Co the rear lot line. For the purpose of this covenant, eaves, steps and
open porches shall not be considered as a part of a building, provided, however,
Chat this shall not be construed Co permit any portion of a building on a
lot, Co encroach upon another lot.
1.07 None of the
lots comprising the Real Estate may be improved, used or occupied for other
than the designated single-family, multi-family, duplex and fourplex uses
as designated by the recorded plat thereof, the community unit plan or applicable
zoning regulations. No lot shall be split, divided, or subdivided for sale,
resale, gift, transfer or otherwise without the approval of the Architectural
Committee.
1.08 Unless approval is
otherwise granted by the Architectural Committee, the livable ground floor
area of each single-family residence constructed on any lot, piece or parcel
of the Real Estate shall be a minimum of 925 square feet and a dwelling of
more than one story (including split level, tri-level and quad-level homes)
shall not be less than 1,^00 square feet total for all levels, exclusive of
open porches and garages. The ground floor area of any dwellings other than
single-family residences shall be determined by the Architectural Committee
pursuant Co the procedure specified in 2.02 hereof.
1.09 No livestock, chickens,
fowls or other animals, except the usual and ordinary number of family pets,
shall be kept by the occupants of any dwelling constructed upon any piece,
lot or parcel of the above described Real Estate.
1.10 No noxious or offensive
activity shall be carried on upon said Real Estate nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the neighborhood.
1.11 Easements for the
installation and maintenance of utilities and drainage facilities are dedicated
as shown on the recorded plat and no building of any type or character shall
be permitted upon said easements.
1.12 All residences or
structures upon the Real Estate must be constructed by a contractor licensed
by the City of Wichita.
1.13 No lots shall be
surrounded or bounded by fence unless approved by the Architectural Committee.
The Architectural Committee shall not approve any fences of chain or barbed-wire,
nor any cedar fence on lots abutting a lake.
1.14 After the expiration
of 30 days following the completion of the construction of any structure(s)
upon any lot included in the Real Estate, there shall be no storage of any
materials (including building materials) or refuse other' than inside a building.
During construction, sites shall be kept reasonably free from debris and in
good order.
1.15 All residences and
appurtenances constructed on any building site covered by these restrictive
covenants shall have composition shingle roofs.
1.16 None of the land
herein shall be used for or in connection with the exploration or production
of petroleum products, gas, oil, or other minerals.
1.17 No trade, business
or profession shall be carried on upon any portion of the said Real Property.
1.18 No structure shall
be permitted to stand with its exterior in an unfinished condition for longer
than 120 days after commencement of construction. In the event of fire, windstorm,
or other damage, no Structure shall be permitted to remain in a damaged condition
longer than six months after the date of damage. For each month there shall
be a violation of the terms of this paragraph (1.18), a fine of Two Hundred
Fifty and no/100 Dollars ($250.00) shall be due and payable from the owner(s)
of the property where said violated condition exists Co the undersigned.
1.19 The undersigned hereby
declares and covenants that it, its successors, assigns or grantee will provide
for the maintenance of Reserves A, B, C, D, E,_F, G. and
H as described on the Real Estate plat.
The undersigned
further declares and covenants that in the event it, its successors, assigns
or grantee fails or refuses for any reason to maintain the Drainage Reserves,
then the City of Wichita or other proper authority shall have the right
to maintain such Drainage Reserves and assess the costs thereof, on an equal
basis, to the owners of lots in ___TIMBER RIDGE ADDITION___ by a method
similar to special assessments.