The Properties are subjected to the covenants, restrictions, conditions, reservations, liens and charges hereby declared; to insure the best use and the most appropriate development and improvement of each building site thereof; to protect the Owners, the owners of lots in Harborview, Harborview Second Plat, and Harborview Phase III against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to secure and maintain proper set-backs from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement of Harborview and thereby to enhance the values of investments made by purchasers of building sites therein.
GENERAL LAND USE
The Properties shall be used for single family residences only on the following Lots show on Exhibit “C”, attached hereto and shall be subject to all of the Covenants and Restrictions herein contained.
The Lots requiring single family residences only are:
Lots numbered 1 through 46 inclusive, 64 through 68 inclusive, all in Phase 3;
Lots numbered 1 through 8 inclusive, all in Phase 4;
Lots numbered 1 through 57 inclusive, all in Phase 5;
Lots numbered 1 through 53 inclusive, all in Phase 6;
Lots numbered 1 through 60 inclusive, all in Phase 7;
Lots numbered 1 through 50 inclusive, all in Phase 8;
Lots numbered 1 through 20 inclusive, all in Phase 9.
All of the properties shall be subject to the following use restrictions:
Section 1. Applicability of Use Restrictions: If only some of the Lots are affected by these Use Restrictions a designation of those particular lots shall be made. If the Use Restrictions apply to all lots described in Article V, the words “Any of the Lots” shall be used to denote the affirmative and “None of the Lots” shall be used to denote the negative. Any other method may be used to designate the applicability of these Use Restrictions to all of the Lots.
Section 2. Height Limitations: Any residence or duplex erected on any of the Lots shall not be more than two (2) stories nor less than one story in height above ground.
Section 3. Minimum Size Requirements
a. On Lots numbered 1, 6, through 9 inclusive; and Lot 68, all in Phase 3:
Lots numbered 19 through 33 inclusive, all in Phase 5; (Back toTop)
shall consist of a single family residence, and if any such residence has only a single level above ground, such residence shall have a minimum of one thousand six hundred (1,600) square feet of enclosed floor area; and if any such residence has of two levels above ground, such residence shall consist of a minimum of one thousand (1,000) square feet of enclosed floor area on the first level above ground and eight hundred (800) square feet of enclosed floor area on the second level above ground.
b. On Lots numbered 2 through 5 inclusive, Lots numbered 10 through 15 inclusive, 64 through 67 inclusive, all in Phase 3; Lots numbered 1 through 3 inclusive, all in Phase 4; Lots numbered 4 through 8 inclusive, all in Phase 4;
Lots numbered 34 through 57 inclusive, all in Phase 5;
shall consist of a single family residence, if any such residence has only a single level above ground, such residence shall have a minimum of one thousand two hundred (1,200) square feet of enclosed floor area above ground, and if any such residence has more than one level, such residence shall have a minimum of one thousand four hundred (1,400) square feet of enclosed floor area.
c. On Lots numbered 16 through 46 inclusive, all in Phase 3; Lots numbered 1 through 18 inclusive, all in Phase 5; Lots numbered 1 through 53 inclusive, all in Phase 6; Lots numbered 1 through 60 inclusive, all in Phase 7; Lots numbered 1 through 50 inclusive, all in Phase 8; Lots numbered 1 through 20 inclusive, all in Phase 9;
shall consist of a single family residence and such residence shall have a minimum of one thousand (1,000) square feet of enclosed floor area.
d. On Lots numbered 47 through 63 inclusive, Phase 3, and 9 through 17 inclusive, Phase 4, duplexes shall be constructed with a minimum of nine hundred (900) square feet on each side for a total of one thousand eighteen hundred (1,800) square feet, of such duplex of enclosed floor area above ground.
e. The words “enclosed floor area” as used herein shall mean and include areas of the residence enclosed and finished for all year occupancy, computed on outside measurements of the residence, and shall not mean or include any patio areas, basements, garages, carports, porches or attics.
Section 5. Building Lines: No part of any residence shall be located on any Lot nearer to the front street or the side street than is the front building line or the side building line shown on the attached preliminary plat. All residence shall front on the street or cul-de-sac on which they are located.
Section 6. Uncompleted Structures: No residence shall be permitted to stand with its exterior in an unfinished condition for longer than five (5) months after commencement of construction. In the even of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than one (1) month. No residence shall be occupied until the exterior shall have been completed, nor until the landscaping shall have been completed.
Section 7. Garages and Driveways
a. All Lots designated for single family residences shall have an attached or basement private garage for not less than two (2) cars.
b. All Lots designated for duplexes shall have an attached or basement private garage for at least one (1) car.
c. The driveway on each Lot shall contain sufficient paved area for the off street parking of at least two cars.
d. All garages facing any street must be equipped with doors which shall be kept closed as much as practicable to preserve the appearance of the elevation of the house fronting on the street. (Back toTop)
Section 8. Lot Area and Width: No residential structure shall be erected on any building Lot, which Lot has a minimum lot width and size less than that shown on the attached plat, Exhibit “C”. No Lot shall be subdivided. No residential structure shall be any closer to the side of the Lot than ten per cent (10%) of the width of the front setback line.
Section 9. Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved by Developer as shown on the attached plat, Exhibit “C”, of said land. Such easements shall include the right of ingress and egress for construction and maintenance purposes. 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 of utilities, or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements on it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
Section 10. Nuisances: No noxious or offensive activity shall be carried on upon any portion of the Properties, nor shall anything be done thereon that may be or become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of the Lot or other parcel, unless authorized by the Developer.
Section 11. Temporary Structures: No structures of a temporary character, trailer, a basement alone, tent, shack, garage, barn or other out buildings shall be erected or maintained on any Lot.
Section 12. Signs: No signs of any kind except as permitted in this Section 12 shall be displayed to the public view on any Lot. A sign of not more than thirty-two square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period is permitted.
Section 13. Livestock: 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, they are not kept, bred or maintained for any commercial purposes.
Section 14. Garbage and Refuse: No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers, in a clean and sanitary condition and housed and screened.
Section 15. Parking of Motor Vehicles, Boats and Trailers: No trucks or commercial vehicles, boats or other similar waterborne vehicles, house trailers under repair, boat trailers, trailers of any other description, camper or camping units shall be permitted to be parked or to be stored on any Lot unless they are parked or stored in an enclosed garage, except only during period of construction or major repair of a residence. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pickup, delivery and other commercial services.
Section 16. Antennas and Towers: No antenna or tower for the purpose of radio or TV operation, no solar panel, no windmills or TV dish shall be erected upon any Lot.
Section 17. Utilities: Water, gas, lights, telephone and other utilities shall be located underground on each residential Lot.
Section 18. New Construction: All residences and other buildings permitted hereby on residential lots shall be initially new construction. No building shall be moved onto any of such lots. All construction must begin no later than 60 days after closing on sale of such Lot.
Section 19. No Commercial Activities: No commercial activities of any kind shall be conducted on any Lot, but nothing herein shall prohibit the carrying on of promotional activities by the Developer.
Section 20. Construction Requirements: All windows are to be (a) of glass and wooden frames or (b) of glass and wood and vinyl frames on Lots numbered 1, 6 through 9 inclusive, 67 through 68 inclusive, all in Phase 3; Lots numbered 19 through 33 inclusive, all in Phase 5.
Section 21. Fences: No front yards are to be fenced. Rear and side fences are to be of wood construction and must be approved by the Developer. (see Amendments)
Section 22. Additional Structures: There shall be no more than one structure on any of the Lots and none of the Lots shall have any outbuildings or sheds. (Back toTop)
Section 1. Enforcement: Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction and/or against the land to enforce compliance with such Covenants and Restrictions, either (1) to restrain a violation or enforce compliance with the Covenants or Restrictions (by sue of an injunction, either mandatory or prohibitory in nature) or (2) to recover damages. Any Owner and the land shall be liable for the costs, including reasonable attorneys fees, incurred by any person or entity entitled to have these Covenants and Restrictions enforced in obtaining such enforcement and all such costs shall be a lien on the land owned by or attributed to the land involving such violation or attempted violation. Any such action may be initiated by the Developer, Owner, or any owner of Lots 1 through 29, Harborview, inclusive, a subdivision in the City of Smithville, Missouri; or any owner of Lots 1 through 10, inclusive, Harborview Second Plat, a subdivision in the City of Smithville, Missouri. Failure of the Developer or any Owner of a Lot in Harborview, a subdivision in the City of Smithville, Missouri, an any owner of a Lot in Harborview Second Plat, a subdivision in the City of Smithville, Missouri to enforce any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No rights created herein shall, by implication or otherwise, be deemed to supersede or avoid the necessity to comply with governmental regulations, statues and ordinances or other legal obligations.
Section 2. Severability: Invalidation of any of these Covenants or Restriction by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. Duration: Amendment: The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, or the Owner of any Lot subject to this Declaration, or the owner of any lot, Lots 1 through 29 inclusive, in Harborview, a subdivision in the City of Smithville, Missouri, the owner of any lot, Lots 1 through 10 inclusive, Harborview Second Plat, a subdivision in the City of Smithville, Missouri, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said Covenants shall automatically be extended for successive periods of ten (10) years. The covenants and restriction of this Declaration may be amended during the first twenty (20) year period by an instrument signed by the owners of not less than ninety per cent (90%) of all of the following: (1) of the Lots which are subject to the Covenants and Restrictions of this Declaration, (2) the owners of Lots 1 through 29 inclusive, in Harborview, a subdivision in the City of Smithville, Missouri, and (3) the owners of Lots 1 through 10 inclusive, Harborview Second Plat, a subdivision in the City of Smithville, Missouri, and thereafter by an instrument signed by such owners of not less than seventy-five per cent (75%) of the said lots. Any amendment must be properly recorded with the Recorder of Deeds of Clay County, Missouri.
Section 4. Transferability: The Developer reserves the right, but is not obligated, to create and establish a homes association and to transfer and assign to it all of the functions of the Developer according to the provisions of this Declaration, in which event the Owners of the Properties shall then be bound to the association as they are to the Developer.
Amendment to Declaration Creating
Harborview Homeowners Association
(Phase 3 through 9)
Know all men by these presents that whereas, Harborview Homeowners Association Board of Directors was made the Trustee by the Declaration creating HHA (Phases 3 through 9) executed on Oct. 28, 1993 and filed November 2, 1993 in Book 2285, at Page 793 of certain real property located in Clay County, Missouri, and described as follows:
Plat 3 Lots 1-68, Plat 4 Lots 1-17; Plat 5 Lots 1-57; Plat 6 Lots 1-53; Plat 7 Lots 1-60: Plat 8 Lots 1-58; and Plat 9 Lots 1-20, Harborview, a subdivision of Clay County, Missouri; and
Whereas, the HHA Board of Directors, hereinafter referred to as "Trustee", was granted the power to amend the Declaration of Covenants and Restrictions pursuant to Article VI of the Declaration creating HHA (Phases 3 through 9) and
Whereas, Trustee does on this ______________day of June 2004 amend the Declaration of Covenants and Restrictions dated June 15, 1993 and recorded in Book 2250 Page 87-100 of the records of the Recorder of Deeds for Clay County, Missouri by adding the following provisions:
Section 15, Article V, is hereby repealed and replaced with the following:
Section 15. Parking of Motor Vehicles, Boats and Trailers:
No trucks or commercial vehicles, boats or other similar waterborne vehicles, house trailers under repair, boat trailers, trailers of any other description, camper or camping units shall be permitted to be parked or to be stored on any lot unless they are parked or stored in an enclosed garage, except for the following conditions:
A. During period of construction or major repair of residence. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pickup, delivery and other commercial services.
B. Boats on boat trailers can be stored in driveways from one (1) week before Memorial Day Weekend to one (1) week after Labor Day Weekend. Those boats on boat trailers must be in complete operational order, in one complete piece, and not in a state of disrepair while parked in the driveway. Anyone having a boat on a trailer in their driveway before or after the dates specified, or in a state of disrepair during the above mentioned dates, will be in violation of this covenant and may incur legal fees as warranted. (See Article V, General Provisions, Section 1, Enforcement)
Section 21, Article V, is hereby repealed and replaced with the following:
Section 21. Fences:
No front yards are to be fenced. Rear and side fences are to be made of wood or vinyl construction and must be pre-approved by the board prior to installation. Wood fences must be properly maintained (i.e. stained or waterproofed as needed). All fences must be repaired in a timely manner to keep the neighborhood looking neat and clean.
Section 23, Article V, shall be added as follows:
Section 23. Paint Color Scheme of Homes (Back toTop)
Approval must be received from the HHA Board of Directors (Trustee) prior to painting the siding and/or trim of a new home or duplex and when repainting an existing structure if it is different from the original color. Requests to Paint must include:
- A minimum of one weeks time notice in advance of actual work
- Name, address and phone number of property owner and address of the property to be painted if different.
- A description of the areas to be painted.
- An actual sample of the paint.
- All other provisions of the restrictions and amendment thereto not inconsistent with this amendment remain unchanged.
IN WITNESS WHEREOF, this amendment has been executed on this _________ day of June, 2004.
Harborview Homeowner’s Association Board of Directors
Dan Thompson, President
Eric Klingensmith, Vice President
Bob Edinger, Treasurer
Jennifer Elliott, Secretary
Norm Hutcheson, Lawn and Landscaping
S TATE OF MISSOURI )
COUNTY OF CLAY )
On this ____ day of June, 2004, personally appeared before me, Dan Thompson, Jennifer Elliott, Eric Klingensmith, Norm Hutcheson, and Bob Edinger, who is personally known to me to be the person who executed the foregoing instrument and acknowledged that he executed same as his free act and deed.
In testimony whereof, I have hereunto affixed my signature and notarial seal this ____ day of June, 2004.
NOTARY PUBLIC SEAL
My commission expires: