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SECRETARY’S CERTIFICATE
THE UNDERSIGNED DOES HEREBY CERTIFY THAT HE IS THE DULY ELECTED, QUALIFIED AND ACTING SECRETARY OF THE ASHLEY PARK HOMES ASSOCIATION, A KANSAS CORPORATION, AND AS SUCH OFFICER, HE HAS CUSTODY OF THE CORPORATE RECORDS OF SAID CORPORATION, AND THAT THE FOLLOWING RESOLUTIONS WERE ADOPTED BY A MINIMUM OF SIXTY PER CENT (60%) OF THE PROPERTY OWNERS AND MEMBERS OF SAID ASSOCIATION AT A SPECIAL ELECTION OF THE OWNERS HELD ON 27TH DAY OF MARCH, 2003, AND THAT SUCH RESOLUTIONS HAVE NOT BEEN AMENDED OR RESCINDED AND ARE NOW IN FULL FORCE AND EFFECT:
“RESOLVED, That the Homeowners adopt the modified, and amended First Revised Declaration of Restrictions as attached to this Certificate as Exhibit “A”; and
FURTHER RESOLVED, That the proper officers of the Corporation, be and they are hereby authorized and directed to execute any and all documents and take all necessary actions to implement and to do any and all other things deemed necessary to carry out the terms of said Revised Declaration of Restrictions.
I, the undersigned, hereby certify that the foregoing is a true copy of the resolutions adopted by the property owners and members of the above-mentioned Association at a Special Election of the Owners of the Association, held on the aforementioned date, and now in full force and effect, and that the property owners and members of the Association have, and at the time of the adoption of the said resolutions had, full power and lawful authority to adopt the said resolutions and to confer the powers thereby granted to the officers therein mentioned, who have full power and lawful authority to exercise the same.
A copy of the consents executed by more than 60 percent of the property owners in Ashley Park are attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this Certificate and caused the corporate seal to be hereunto affixed this 27th day of March, 2003.
______________________________________
Secretary
ACKNOWLEDGMENT
STATE OF KANSAS )
) SS:
COUNTY OF JOHNSON )
BE IT REMEMBERED that on this ____ day of ____________________, 2002, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came _______________________________, the Secretary of Ashley Park Homes Association, who is personally known to me to be the same person who executed the foregoing instrument on behalf of Ashley Park Homes Association, and such person duly acknowledged the execution of the same to be the act and deed of Ashley Park Homes Association.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year last above written.
______________________________________
Notary Public
My commission expires:
______________________________________
FIRST REVISED DECLARATION OF RESTRICTIONS
THIS REVISED DECLARATION MADE THIS 27TH DAY OF MARCH, 2003, BY THE ASHLEY PARK HOMES ASSOCIATION, A KANSAS NOT-FOR-PROFIT CORPORATION (“ASSOCIATION”), AND HAVING ITS PRINCIPAL PLACE OF BUSINESS IN JOHNSON COUNTY, KANSAS.
WITNESS TO:
WHEREAS, HOPKINS HOMES, INC. WAS THE OWNER AND DEVELOPER OF ASHLEY PARK, A SUBDIVISION IN JOHNSON COUNTY, KANSAS, WHICH PLAT WAS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS IN JOHNSON COUNTY, KANSAS ON APRIL 24, 1986, IN PLAT BOOK 2325, AT PAGE 83; AND
WHEREAS, the said HOPKINS HOMES, INC. has heretofore dedicated to the public all the streets and roads shown on said plat for use by the public; and
WHEREAS, HOPKINS HOMES, INC. placed certain restrictions on the real estate situated in the County of Johnson, State of Kansas, legally described as First Plat, Second Plat, and Fourth Plat, Ashley Park, a subdivision in Lenexa and Shawnee, Johnson County, Kansas, as set forth in the Declaration of Restrictions filed on or about April 24, 1986 [CHECK DATE] in Vol. 2325, Page 83 with the Register of Deeds, Johnson County, Kansas; and as corrected by Document recorded in Vol. 3020, Page 484; as amended by First Amendment recorded in Vol. 3021, Page 335; as amended by Second Amendment recorded in Vol. 3021, Page 340; and as amended by an Addendum recorded in Vol. 4059, Page 569;
WHEREAS, HOPKINS HOMES, INC. placed certain restrictions on the real estate situated in the County of Johnson, legally described as the Third Plat, Ashley Park, a subdivision in Lenexa and Shawnee, Johnson County, Kansas, as set forth in the Declaration of Restrictions recorded in the Office of the Register of Deeds, Johnson County, Kansas on January 22, 1990, in Vol. 3112, Page 858; which collectively with the Declaration of Restrictions, as amended, set forth above, shall be referred to as “Restrictions,” or “Declaration of Restrictions”;
WHEREAS, the Association was lawfully created on the 6th day of March, 1989, to implement and administer the restrictions placed upon the plat described herein; and
WHEREAS, HOPKINS HOMES, INC. assigned to the Association rights under the Restrictions by an Assignment recorded in Vol. 2973, Page 254;
WHEREAS, HOPKINS HOMES, INC. no longer owns a Lot in Ashley Park; and
WHEREAS, during January/February 2003, sixty per cent (60%) of the homeowners of ASHLEY PARK voted affirmatively to amend and modify the Declaration of Restrictions.
NOW, THEREFORE, in consideration of the premises, the Association, for itself and for its successors and assigns, and for its and their future grantees, hereby modifies, amends, and restates in whole the Declaration of Restrictions and agrees that all of the lots in the First, Second, Third and Fourth Plats of Ashley Park shall be and are hereby restricted as to their use in the manner set forth hereinafter.
DEFINITION OF TERMS USED
FOR THE PURPOSE OF THESE RESTRICTIONS, THE WORD “STREET” SHALL MEAN ANY STREET, ROAD, DRIVE OR AVENUE OF WHATEVER NAME AS SHOWN ON SAID PLAT OF ASHLEY PARK.
The word “outbuilding” shall mean an enclosed, covered structure not directly attached to the residence to which it is appurtenant.
The word “lot” may mean either any lot as platted or any tract or tracts of land as conveyed in Ashley Park, which may consist of one or more lots or part or parts of one or more lots as platted, and upon which a residence may be erected in accordance with the restrictions hereinafter set forth, or as set forth in the individual deeds from HOPKINS HOMES, INC., or from its successors and assigns. A corner lot shall be deemed to be any lot as platted or any tract of land as conveyed having more than one street contiguous to it.
PERSONS BOUND BY THESE RESTRICTIONS
ALL PERSONS AND CORPORATIONS WHO NOW OWN OR SHALL HEREAFTER ACQUIRE ANY INTEREST IN THE ABOVE ENUMERATED LOTS HEREBY RESTRICTED SHALL BE TAKEN TO HOLD AND AGREE AND COVENANT WITH THE OWNER OF SAID LOTS, AND WITH ITS 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 FOR A PERIOD OF TIME ENDING ON JANUARY 31, 2028, PROVIDED, HOWEVER, THAT EACH OF SAID RESTRICTIONS SHALL BE RENEWABLE IN THE MANNER HEREINAFTER SET FORTH.
1. USE. The lots in the First, Second, Third and Fourth Plats, Ashley Park, described above are hereinafter referred to individually as a “Lot” and collectively as the “Lots,” and the houses on the Lots are hereinafter referred to as the “Residences.” The Lots shall be used solely for single family Residences. No business and no noxious or offensive activities shall be carried out upon any Lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood.
2. SQUARE FOOTAGE. The floor area of each Residence (as determined exclusive of porches, garages, and basement areas, finished or unfinished) shall not be less than the following: (i) 1600 square feet for a one-story Residence; (ii) 2000 square feet for a two-story Residence with at least 900 square feet thereof on the first floor; (iii) 2000 square feet for a one and one-half story Residence with at least 1200 square feet on the first floor, and (iv) 2000 square feet for a split Residence with at least 800 square feet on the largest level thereof; PROVIDED, HOWEVER, no split Residence shall be permitted without the prior written consent of the Association.
3. PRIOR APPROVAL No Residence or other improvement, including, without limitation, any addition to any Residence or attached or detached structure allowed in Section 5 herein (including under-deck enclosures of any purpose, storage buildings, and constructed children’s playhouses) shall be constructed on any Lot except pursuant to plans therefor that shall have been submitted to and approved by the Association prior to the commencement of such construction (“Approved Plans”). A copy of the Approved Plans for each Residence shall remain on file with the Association for a period of at least one year following the Association’s approval thereof. No approval by the Association of any plans shall in any way make the Association liable for the adequacy of such plans or any errors or omissions therein or any construction deficiencies.
4. SET BACKS No Residence (or other improvement) or part thereof, (except stoops, bay and other windows, eaves, chimneys and similar projections as disclosed on the Approved Plans therefor) shall encroach beyond the building set back and side lines shown on the Plan. The Association reserves the right, in its sole discretion, to alter and amend the set back lines and side line restrictions of the Lots (or anyone or more of them) by an amount not to exceed five feet, from time to time, by filing an appropriate instrument in writing in the Office of the Register of Deeds of Johnson County, Kansas (the “Office”).
5. STRUCTURES No air conditioning apparatus, or unsightly projection shall be attached or affixed to the front of any Residence. All television or radio antennas and aerials or other apparatus shall be located inside the Residence. No mailbox or standard therefor shall be erected without the prior written approval of style, construction and location being given by the Association. TV satellite dishes may be constructed in the backyard of any Lot, PROVIDED, HOWEVER, that such satellite dish placement shall be approved in writing by the Association prior to its placement on any Lot. No structure of a temporary character, basement, tent, shack, garage, barn or other outbuilding of whatever size, use or composition shall be erected on any Lot, or used for residential purposes, either temporarily or permanently; PROVIDED, HOWEVER, this paragraph shall not prohibit a gazebo or other ornamental structure in architectural harmony with the Residence or a tent for temporary family recreational purposes. No above-ground swimming pools shall be permitted on any Lot. No lights shall be located or illuminate higher than the Residence to which it is appurtenant unless the Association gives its prior written consent thereto. As specified for main-dwelling construction, materials for permitted structures must be substantially similar to those of the accompanying Residence, as determined by the Architectural Review Committee, as hereinafter defined in Section 6 herein.
6. MATERIALS Any construction material, siding material, fence, deck or roof products that may come into general use for dwelling construction must be of comparable or better quality and in substantially similar style to the styles originally employed in the construction of residences in Ashley Park, shall be acceptable for use in Ashley Park, PROVIDED that such materials are approved by the Association prior to their use in or on any Residence. In order for such materials to be considered for approval by the Association, such materials must meet the stricter of the minimum code standards of the City of Lenexa, Kansas and the City of Shawnee, Kansas, and must not detract from the overall character of the Residences in Ashley Park.
All paved surfaces shall be of high-quality finish, such as brick, concrete or other permanent material approved by the Architectural Review Committee. No asphalt driveways shall be permitted.
Intended exterior paint colors that differ substantially from the existing color(s) of the Residence to be painted and/or the prevailing color palette of the neighborhood, shall be subject to the approval of the Association.
All exterior decks shall be constructed of cedar or other durable wood, and stained or painted to be compatible with the color of the residence.
7. ARCHITECTURAL REVIEW COMMITTEE The Association hereby creates a permanent standing Committee that shall be known as the “Architectural Review Committee,” whose members shall be appointed by the Board of Directors of the Association, and shall serve at the Board of Directors’ pleasure. The duties of the Architectural Review Committee shall be to investigate, review, and establish standards for construction materials and their acceptability for use in Ashley Park, and to investigate, review and make recommendations to the Association for the approval of proposals submitted to the Association. The Architectural Review Committee shall have such other further duties as the Board of Directors shall from time to time assign to the Committee.
The Architectural Review Committee shall provide to the Association a list and description of prior approved materials for replacement of original construction, including but not limited to siding, roofing and other primary exterior materials, and repair of all structures. This list shall be distributed by the Association to the members from time to time, and shall be updated as the Association deems necessary from time to time.
8. MAINTENANCE The exterior of each Residence shall be maintained in a clean and orderly condition at all times. All exterior basement foundations and walls that are exposed in excess of twelve inches (12”) above final grade level shall be painted the same color as the Residence, or covered with finished building material compatible with the Residence.
Lawns and landscaped areas (including trees, ornamentals, decorative gardens) shall be kept in good condition as soil, climate and other natural conditions permit, and lawn grass shall not be permitted to reach a height of six (6) inches or more – or otherwise create an unsightly appearance. Upon notice of a violation and a failure to cure, the Association shall have the right to have such grass cut or landscaping serviced, and the cost therefore collected from the owner in the same manner as annual dues.
No trash, old appliances, junk or other refuse shall be allowed to accumulate on any lot.
Main dwellings and attached or unattached structures, as well as driveways, shall be reasonably maintained for structural integrity, use and appearance. Needed material repairs or replacement and/or exterior painting shall be completed within a reasonable seasonal time period, so as not to leave property in an extended unfinished state of maintenance.
9. ANIMALS No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lots except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose, do not constitute a nuisance to the neighborhood and are kept in accordance with all applicable laws including the ordinances of the City where the Residence is located. No animal pens or runs shall be permitted on any Lot.
10. LANDSCAPE Each Residence between the front building set back line and the curb shall plant and maintain at least two hardwood trees of a minimum of one and one-half (1-1/2) inch caliber. The entire front, rear and side yards of every Lot in ASHLEY PARK and the unpaved portions of street easements contiguous thereto shall be sodded with grass, mowed and maintained.
11. RELOCATED RESIDENCE No residential structure that has previously been at another location shall be moved onto any Lot without the prior written approval of the Association.
12. RENTAL OF RESIDENCES All leases or rental agreements shall be in writing, and the owner of the lot shall be responsible for compliance by the renter or lessee of these restrictions and the rules and regulations of the Association.
Absentee owners remain responsible for the integrity of their property, should it be rented or not. Failure by an absentee homeowner to adequately maintain the physical structure and appearance of a residence or grounds, in the judgment of the Association, may result in discontinuation of trash pickup services, placement of a lien against property, or other legal action, notwithstanding current payment of annual dues.
The privileges of Ashley Park home ownership do not transfer to renters of homes in Ashley Park. Renters are not eligible to vote in any Ashley Park formal or informal polling. Moreover, access to the pool is subject to a signed annual/seasonal agreement and full cooperation with the written rules to which all member homeowners are subject. Failure to abide by pool rules will result in suspension of access.
Renters of Ashley Park property may participate in social and other organized activities for Association members/families only at the consent or discretion of the Association.
13. VEHICLES No vehicles shall be parked on streets or driveways so as to obstruct ingress and egress by owners of Residences, their families, guests and invites, except for the reasonable needs of emergency, construction or service vehicles. No camper, boat or self-contained recreational vehicle or pickup or other truck shall be permitted to stand exposed to view on any driveway or other portion of any Lot for longer than 72 hours in any 14-day period. For purposes of this restriction, 3/4 ton pickup trucks, 3/4 ton conversion vans, or trucks smaller than 3/4 tons are excluded from this restriction. At no time shall a permanently or temporarily-parked or stored recreational vehicle or item of recreational equipment be occupied or used for living, sleeping or housekeeping purposes.
No autos, buses, boats, trucks, race cars, wrecked cars, trailers, collectible or “display” vehicles, or other vehicles that are not in operating condition, and/or are not registered, and/or whose presence might create an unsightly appearance, nuisance or hazard shall stand exposed to view on any driveway or other portion of any lot or curb for more than 24 hours.
No marked or unmarked commercial vans, pickup trucks, trailers or other commercial vehicles shall be parked on any lot or street for more than 24 hours at one time. Such vehicles shall be stored in a garage if kept on or at a lot for more than 24 hours.
14. AUTOMOTIVE REPAIR No automotive repair or rebuilding or any other form of automotive manufacture, whether for hire or otherwise, shall occur on any of the Lots except that automotive repairs on a non-commercial basis and not for hire may be conducted in any enclosed garage built on Lots and permitted under other provisions of these restrictions.
15. SOLAR ENERGY The design of any solar system, active or passive, shall be compatible with the architectural design of the surrounding neighborhood. Mounting arrangements which allow the solar collectors to project above the roof line are not allowed. The design of any solar system must be approved by Association before its construction.
16. FUEL STORAGE No tank for the storage of fuel may be maintained above the surface of the ground on any of the Lots hereby restricted without the consent in writing of the Association.
17. SIGNS No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any of the Lots hereby restricted without the consent in writing of the Association; PROVIDED HOWEVER, that permission is hereby granted for the erection and maintenance of not more than two advertising boards on each lot for the sole and exclusive purpose of advertising for sale or lease the lot upon which they are erected; provided that the advertising boards shall not be more than six square feet in size; and provided, further, that nothing in this section shall be construed to prohibit the erection and maintenance of subdivision entrance structures at such place or places as the Association may determine, which structures may or may not display the name of said subdivision.
18. HOLIDAY DECORATIONS Exterior holiday or seasonal event exterior decorations displayed on a residence, attached to landscaping or displayed on the lawn shall remain in place for a maximum of 60 days; and shall not be installed more than 40 days prior to the holiday or seasonal event, and shall be removed within 30 days after the date of the holiday or seasonal event.
19. FENCES Any fence or wall erected on any Lot must comply with all applicable governmental requirements, must not exceed six feet in height, and must be approved in writing by the Association before its construction. There shall be no fences, plants or obstructions inside the easements located on those portions of the Lots listed below:
The South and Southwest sides of Lot 5, Block 2
The Southerly side of Lot 6, Block 2
The Southerly side of Lot 7, Block 2
The Northeast and Northwest sides of Lot 8, Block 2
The Northerly side of Lot 9, Block 2
The Southwesterly side of Lot 12, Block 2
The Southwesterly side of Lot 13, Block 2
The Southwesterly side of Lot 14, Block 2
The Southwesterly side of Lot 15, Block 2
The Southeasterly and Southwesterly sides of Lot 16, Block 2
The Southerly and Westerly sides of Lot 19, Block 2
The Southerly and Easterly sides of Lot 20, Block 2
No fencing shall be permitted on any lots unless such fencing shall be wood or wrought iron and built with methods and materials which harmonize with the external design of buildings in Ashley Park.
20. AMENDMENT This Declaration may be modified, amended or terminated at any time with the consent of the owners of 60% of the Lots, which consent shall be evidenced by a written agreement recorded in the Office of Register of Deeds.
21. ENFORCEMENT The Association or the owner of any Lot shall have the right to obtain from any Court of competent jurisdiction an injunction, mandatory or otherwise, to prevent a breach, or to enforce the keeping of any of the restrictions set forth herein, and may bring any other proper legal action including, without limitation, a suit for damages. Invalidation of any one of these covenants by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.
22. CONTINUATION The above covenants and restrictions shall continue and be in fully force and effect until January 31, 2028, and shall automatically be continued thereafter for successive periods of 25 years each, PROVIDED, HOWEVER, that the then owners of the fee simple title of sixty per cent (60%) of the owners of the Lots, may release the Property or any part of it from anyone or more of said restrictions, on January 31, 2028 or at the expiration of any 25-year period thereafter, by executing and acknowledging an appropriate agreement in writing for such purpose, and filing the same in the Office.
23. LEGAL EFFECT The provisions of this Declaration shall be deemed to be covenants running with the land, and shall be binding upon and inure to the benefit of the owners of the Lots, and all persons claiming by, through or under them.
Dated this 27th day of March, 2003.
ASHLEY PARK HOMES ASSOCIATION
BY____________________________________
President
ACKNOWLEDGMENT
STATE OF KANSAS )
) SS:
COUNTY OF JOHNSON )
BE IT REMEMBERED that on this ____ day of ____________________, 2003, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came _______________________________, the President of Ashley Park Homes Association, who is personally known to me to be the same person who executed the foregoing instrument on behalf of Ashley Park Homes Association, and such person duly acknowledged the execution of the same to be the act and deed of Ashley Park Homes Association.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year last above written.
______________________________________
Notary Public
My commission expires:
______________________________________
INTERPRETATION OF SELECTED ITEMS
IN THE FIRST REVISED DECLARATION OF RESTRICTIONS,
ASHLEY PARK HOMES ASSOCIATION
In adopting and implementing the First Revised Declaration of Restrictions, for the Ashley Park Homes Association and its members, the Board of Directors clarifies the following:
Item 1 (“USE”)
Refer: “…No business…shall be carried out on any Lot…”
Board of Directors: This Restriction, preserved from the original Declaration of Restrictions, does not address nor preclude the operation of an in-home or home-based business in an Ashley Park Residence. It does address and preclude “use” of an Ashley Park Lot for “business…noxious or offensive activities…(and) anything which may be or become an annoyance in the neighborhood.”
Item 6 (“MATERIALS”)
Refer: “…All exterior decks shall be constructed of cedar or other durable wood, and stained or painted to be compatible with the color of the Residence.”
Board of Directors: This Restriction slightly modifies original Declaration of Restrictions language and is intended only to limit the materials and color used on decks, to keep them within the general specifications of the neighborhood.
Item 10 (“LANDSCAPE”)
Refer: “Each residence between the front building setback line and the curb shall plant and maintain at least two hardwood trees of a minimum of one and one-half (1-1/2) inch caliber.”
Board of Directors: This Restriction, carried over from the original Declaration of Restrictions, relates to a specification at the time of original construction/landscaping and is not intended to require either the addition (of hardwood) or the replacement (of non-hardwood) trees.
Issued with First Revised Restrictions, May 2003
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