Restrictions Synopsis

Deed Restrictions – General
Country Club Gardens

A Synopsis – October 30, 2004

The following is a synopsis of the various deed restrictions (covenants) for the properties in the Country Club Gardens sub-division, Blue Springs, Missouri.  This synopsis incorporates the original document (circa January, 1973 to 1975) and the general amendment (circa December, 1999). This synopsis excludes certain sections for the sake of brevity and relevance – the excluded section is indicated with the statement {Omitted for brevity}.

The presentation here is only for reference and the original legal documents are on file at the Jackson Country Recorder of Deeds office.

RESTRICTIONS

Whereas, the undersigned, owners of the described real property [..Country Club Gardens..] for the purpose of securing orderly and uniform improvements of said property, and the objective that the undersigned, their successors, assigns and future grantees may be protected and assured that the above described lands shall be used for high class residential purposes, and shall be conveyed subject to the reservations, restrictions and covenants hereinafter set forth.

SECTION I USE OF LAND

(1) The above lands, may be improved, used or occupied for private residence, and no flat or apartment house though intended for residential purposes may be erected thereon.

(2) All improvements designed for occupancy by a single family shall not be more than two(2) stories, except that split-level constructions shall be permitted.

(3) No dwelling or residence shall be located nearer to the front lot lines or side lots lines than as indicated on the plat.{Balance omitted for brevity}

(4) No trailer, basement, tent, shack, garage, barn or other outbuildings shall be at any time be used as a residence nor shall any residence of temporary character be permitted. No clothesline of a permanent type shall be erected on any lot. No permanent type trash burner shall be erected and trash burning will not be permitted on any lot after 4 PM. Fire started before 4 PM will be extinguished by 4 PM.

(5) {Omitted for brevity}

(6) 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, provided that not more than two(2) dogs or two(2) cats or two(2) other household pets shall be kept on any residence lot.

(7) No school buses, farm or industrial tractors, commercial trucks (excluding personal pickup trucks or vans as defined by the State of Missouri), boats, recreational vehicles, campers, or trailers shall be kept, parked, maintained, or stored in the open on the driveway, lot or on the street at the curb for more than twenty-four(24) hours at any one time, it being the intention of this paragraph that the permanent parking and storage of any of the vehicles described herein shall be done either, at a location off-site of the property subject to the Restrictions, or within the enclosed garages with closed doors which form a part of the residences.

(8) No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become annoyance or nuisance to the neighborhood.

SECTION II APPROVAL OF PLANS AND SPECIFICATIONS OF IMPROVEMENTS PERMITTED

(9) [Deleted entirely by Amendment December 1999]

(10) No fencing shall be permitted on any lot unless the same is yard fencing, and no fencing shall extend nearer to the front street than the rear house line of a residence, except decorative railing along a walkway.

(11) [Deleted entirely by Amendment December 1999]

(12) All improvements shall be connected with the sanitary sewer which is now or shall be, constructed to serve the above premises. No other sanitary provision, septic tank or other device for sewage disposal shall be installed or permitted to remain on any lot.

(13) No residence shall have less than two(2) garages, which may be attached or built-in garages. All driveways shall be poured concrete, asphalt, brick, cast concrete paving blocks or coated concrete and shall extend to the curb line of the street upon which the premises fronts, or the property line on the side street. All roofing shall be wood shingle, laminated double layer composition shingle with a 40 year minimum warranty and of weathered wood color or composite cement simulated wood shingle.

  • (a){omitted for brevity – house size and style restrictions relating to specific lots}
  • (b){omitted for brevity – house size and style restrictions relating to specific lots}
  • (c){omitted for brevity – house size and style restrictions relating to specific lots}

(14) No radio or television transmitting or receiving antenna or dish (excluding support) larger than a cube 2 ft x 2 ft x 2 ft maybe erected or maintained outside of any residence on any lot.

(15) No solar apparatus or above ground swimming pools may be maintained or erected on any lot.

SECTION III SIGN, BILLBOARDS AND MISCELLANEOUS PROVISIONS

(16) The construction or placing or signs, billboards or advertising structures of any kind is prohibited, except burglar alarm signs, and that one advertising the rental or sale of property is permitted, provided it does not exceed five(5) square feet in size and except that political signs not exceeding five(5) square feet in size, shall be allowed within seven(7) days prior to an election and for one(1) day after an election.

(17) No tanks for the storage of oil or other fluids or out buildings of any kind shall be maintained on any portion of the premises above the surface of the ground. Circulating tanks for swimming pool must be in the residence or garage.

(18) No trash, ashes or other refuse shall be thrown or dumped upon any undeveloped portions or said lands. No antennas to be outside of house.

SECTION IV DURATION AND ENFORCEMENT

(19) These restrictions and covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2000, at which time said covenants shall be automatically extended for successive periods of ten(10) years unless the then owners of a majority of the lots in the said subdivision shall before the expiration of said original term or any extension thereof, by an instrument executed, acknowledged and recorded in the office of the Recorder of Deeds, change or modify the same in whole or part.

(20) Each of the restrictions and covenants and herein set forth shall run with the land and bind the present owners, their successors and assigns and all parties claiming by through or under them shall be taken to hold, agree and covenant with the owner of said track, to conform to and observe said restrictions and covenants. The owner or owners of any portion of the above lands shall have the right to sue for and obtain an injunction prohibitive or mandatory to prevent the breach of or to enforce the observance of the restrictions and covenants above set forth, in addition to the ordinary legal action for damages, and the failure of the owners of said premises hereby restricted to enforce any of the restrictions and covenants herein set forth shall not waive such right to do so at any time hereafter.

(21) Invalidation or any one or more of the provisions, reservations, restrictions and covenants herein contained, and any amendments hereto, by court order or judgment, shall in no ways affect any of the other provisions, reservations, restrictions and covenants herein

(22){Omitted for brevity}

****************** End of Document ******************

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