Protective Covenants

Declaration of Protective Covenants of Monarch View

WHEREAS, WILLIAMSBURG PROPERTIES, L.L.C. a Limited Liability Company, is now the owner of all the property platted as Monarch View, a subdivision in Lee’s Summit, Jackson County, Missouri, according to the recorded plat thereof now desires to place certain protective restrictions and reservations on all of said property, for the use and benefit of the present owner, and for its future grantees, heirs, successors and assigns;

NOW, THEREFORE, in consideration of the premises, the said WILLIAMSBURG PROPERTIES, L.L.C. for itself, its successors and assigns, and its future grantees, does hereby declare that all of said land shall be and is hereby restricted as to its use in the manner hereinafter set forth:

1. No lots or tracts or any parts thereof shall be used except for single family residential purposes, except, however, that nothing contained in this instrument shall be applicable to or in anywise be construed to prohibit, limit or affect the erection and maintenance upon any lot or lots or part thereof of any duplexes or multi-family dwellings, churches, or public or parochial schools, except that WILLIAMSBURG PROPERTIES, L.L.C. or its designated successor as herein provided, reserves the right to approve the location, building plans and specifications of any such structure as provided in paragraph 4 hereof. No residential building of dwelling shall be erected, altered, placed or permitted to remain on any lot or any part of any lot or lots other than dwellings not to exceed two (2) stories in height with a private three (3) car garage and garage must be either attached to the dwelling or a basement garage. No trailer, basement, tent, shack, garage, or any outbuilding as set forth above shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted.
2. All wood exteriors, except roofs, shall be covered with paint, stain or preservatives. No building shall be permitted to stand with its exterior in an unfinished condition for longer than five (5) months after commencement of construction. In the event of fire, windstorm or other damage, no building shall be permitted to remain in such damage condition longer than three (3) months.
3. No fuel storage tank shall be erected above the surface of the ground.
4. No construction shall be started on any building until the complete plans and specifications therefore have been submitted and approved in writing by WILLIAMSBURG PROPERTIES, L.L.C. or its successor in interest specifically granted said power by it (such grant to appear by instrument filed for record in the Office of the Recorder of Deeds of Jackson County, Missouri), and no building shall be moved onto any of said property without such written approval. If written objections to such construction plans are not made to the person who submitted the same within thirty (30) days after their receipt by WILLIAMSBURG PROPERTIES, L.L.C. such plans shall be deemed to have been approved. Irrespective of anything contained herein to the contrary, WILLIAMSBURG PROPERTIES, L.L.C. shall not be liable for any damages or delays of any nature or description arising from or relating to the foregoing provisions. All single family residential buildings must conform to the following standards: The floor living area of a single family dwelling with attached garage, and exclusive of any attached garage, porches or breezeways and less than two (2) stories, shall be not less than 1650 square feet. The floor living area of a single family dwelling less than two (2) stories, without an attached garage, shall be not less than 1400 square feet. Any two (2) story family dwelling shall be not less than 1000 square feet of the first floor. Any one and a half (1 ½) story family dwelling shall be not less than 1400 squared feet of the first floor. No residential dwelling shall have a flattop roof, and the roof of all dwellings shall be covered with 25 year Timberline Style Weatherwood shingles or equivalent.
5. No business structure shall be erected or business or profession or any nature conducted on the land herein described, nor shall anything be done thereon which may in the opinion of WILLIAMSBURG PROPERTIES, L.L.C. or its successor in interest designated as provided for in paragraph 4, hereof, be deemed a nuisance to the neighborhood.
6. No fencing shall be permitted on any lot unless the same is of a type commonly known as ornamental yard fence, or a yard type board fence, and no fencing shall extend nearer to the front street than the rear foundation line or the dwelling for which the fencing is constructed. The only exception to this will be to avoid a disjointed fence between two adjacent dwellings who’s rear foundation line of the dwelling closest to the street. On corner lots, no fence may extend closer to the side street than the end of the foundation line of the dwelling for which the fence is constructed except for an extension to accommodate a gate. This gate must be constructed parallel to the rear foundation line of the dwelling and it is to be less than or equal to four (4) feet wide. Fences are subject to modification on future plats. Variances to this section may be granted upon written approval by WILLIAMSBURG PROPERTIES, L.L.C. and subject to city ordinances.
7. No lot owner, tenant, licensee, nor invitee of any lot owner, shall park nor permit the parking of any motor vehicle over night on any street in the subdivision.
8. No truck or motor vehicle type truck exceeding a ¾ ton truck or other machinery shall remain parked outside of a residence garage overnight provided that a boat, motor home, trailer, detached camper body, house trailer or camper trailer of any type may be parked on any lot or tract for a period not to exceed 72 hours during any seven (7) consecutive days.
9. No noxious or offensive activity shall be carried on, nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood.
10. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept on such lot, provided that they are not kept, bred, or maintained for any commercial purpose.
11. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on recorded plat, or as reflected in the records of the Recorder of Deeds of Jackson County, Missouri. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance or utilities, or which may change the direction of the flow of drainage channels in the easements, or which may obstruct or tetrad the flow of water through drainage channels in the easements. The easement area of each lot or tract and all improvements in it shall be maintained continuously by the owner of the lot or tract, except for those improvements for which a public authority or utility company is responsible.
12. All residences shall be connected to public sanitary sewer lines.
13. There shall be no outside trash barrels of any description and no burning of trash outside.
14. All pets shall be restricted to their owner’s property by whatever methods the owner deems necessary.
15. Permanent clothes lines shall not be erected. If collapsible clothes lines are used, they shall not be left up when not in use.
16. Owners of improved and unimproved lots shall keep weeds and grass mowed when such a lot is adjacent to any improved lots. Weeds and grass shall not exceed 8” in height. Each lot shall be kept cleared of dead shrubs and trees. No lot owner or tenant shall dump or permit the dumping of rubbage, waste, refuse, debris or garbage or similar materials within the land herein described. Firewood used in a wood stove or fireplace shall not be stored anywhere on the front side of any lot including on the driveway. Firewood must also be neatly stacked in a single area behind the front foundation line of the dwelling.
17. No outside storage building except attached to residence.
18. No outside television antenna’s except satellite dishes attached to residence no to exceed 30 inches in diameter.
19. No above ground pools of any type.
20. Invalidation of any one of these covenants or restrictions by judgment of Court decree shall in no way affect any of the provisions which shall remain in full force and effect.
21. Each of the restrictions above set forth shall continue and be binding upon the undersigned and upon its grantee, successors and assigns until January 1, 2019, and shall automatically be continued thereafter for successive periods of ten (10) years each; provided, however, that the owners of the fee simple title to the majority of the lots and tracts herein described may release all of the lands hereby restricted form any one or more of said restrictions on January 1, 2019, or at the end of any successive ten (10) year period thereafter by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and filing the same for record not later than January 1, 2018 or at least one (1) year prior to the end of said successive ten (10) year period thereafter.
22. The protective covenants herein set forth shall run with the land, and bind WILLIAMSBURG PROPERTIES, L.L.C., its successors and/or assigns, and all parties claiming by, through or under it, shall be taken to hold, agree and covenant with WILLIAMSBURG PROPERTIES, L.L.C., its successors and/or assigns, and with each of them to conform to, and observe said restrictions as to the use of said land, and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding on any corporation, person or persons except in respect of breaches committed during its, his or their seizing of, or title to, said land, and the owner or owners of any of the above land shall have the right to sue breach of, or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages, and the failure of WILLIAMSBURG PROPERTIES, L.L.C., or the owners of any said land, to enforce any of the restrictions above set forth at the time of its violation, shall in no event be deemed to be a waiver of the right to do so thereafter.

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