Declaration of Restrictions

Whereas, New Mark Development Company, Inc. has caused a plat of the land hereafter described to be recorded in the office of the Recorder of Deeds in Clay County, Missouri, said plat being filed in plat book 15 at page 80; and
Whereas, New Mark Development Company, Inc. intends to improve and develop land herein described for high-class residential purposes with single family residences;
Now, therefore, for itself and its successors and assigns and for its and their future grantees, New Mark Development Company, Inc. hereby declares that the lots specifically designated below as shown on the recorded plat of New Mark shall be and hereby are restricted as to their use in the manner hereinafter set forth.
For the purpose of these restrictions:

The term "Homes Association" shall mean the Willow Farm Pool and Homes Association, its successors and assigns.
The term "Street" shall mean any street, road or drive which is shown on the above-described plat of New Mark.
The term "Out building" shall mean an enclosed, covered structure not directly attached to the residence to which it is appurtenant.
The term "Lot" shall mean either (1) any lot as shown on the above-described plat or (2) any tract or tracts of land as conveyed, consisting of one or more lots or part or parts of one or more lots as platted, upon which a residence may be erected in accordance with the restrictions hereinafter established, or as established in individual deeds from New Mark Development Company, Inc. or from its successors and assigns.
The term "Corner lot" shall be deemed to mean any lot as platted or any tract of land as conveyed having more than one street contiguous to it. The street upon which the lot or part thereof fronts, as shown on the plat, shall be deemed to be the front street, and any other street contiguous to such corner lot shall be deemed a side street. Houses on corner lots may be set diagonally thereon.
The term "Front building line" shall be deemed to be that parallel to the front street as shown on the recorded plat as above-described.

SECTION 1. PERSONS BOUND BY THESE RESTRICTIONS

All persons or corporations who now own or shall hereafter acquire any interest in the residential lots numbered:
Lots 1 through 13 of block 12,
Lots 1 through 28 of block 13,
Lots 1 through 39 of block 14,
Lots 1 through 32 of block 15,
Lots 1 through 25 of block 16,
Lots 1 through 16 of block 17,
Lots 1 through 18 of block 18,
Lots 1 through 33 of block 19.
as shown on the above-described recorded plat of New Mark, a subdivision of land in Kansas City, Clay County, Missouri, 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 December 31, 1995, provided, however, that each of said restrictions shall be renewable and may be amended in the manner hereinafter set forth.

SECTION 2. USE OF THE LAND

None of the lots referred to in Section 1 hereof shall be used or occupied for other than single family residence purposes. Any residence erected on maintained on any of said lots shall be designed for occupancy by a single family.

SECTION 3. FRONTAGE OF RESIDENCES ON STREETS

Any residence erected wholly or partially on a lot which is now a corner lot shall front on the front building line. Any residence erected on a corner lot shall front on the front building line and shall present a good appearance on the side building line as shown on said plat; provided, however, that any residence erected on a corner lot may be set diagonally thereon.

SECTION 4. GROUND FRONTAGE REQUIRED

No dwelling may be erected upon any lot herein described except upon a lot or lots or part or parts thereof with a street frontage of not less than the number of feet as shown on the recorded plat; provided that the Homes Association shall have and does hereby reserve the right in the sale and conveyance of any of the lots bound by these restrictions to reduce the required frontage to be used with any residence on any lot, and the Homes Association may, at any time thereafter, with the consent in writing of the then recorded owner of the fee simple title to any such lot, change any required frontage herein specified or established by the conveyance of said lot; however, no change may be made at any time that will reduce the required frontage of land to be used and maintained with any residence erected thereon more than ten (10) feet below the minimum number of feet required for such residence as set forth above. As amended 12-14-93

SECTION 5. SETBACK OF RESIDENCES FROM STREET AND SIDE LINES

No part of any residence, except fireplace chimneys, porches, driveways and walks, may be erected or maintained on any of said lots nearer to the front street or the side street than the front building line or the side building line, respectively, as shown on the plat of New Mark. No part of any residence, except as provided in section 11 dealing with fences, may be erected closer to the side lines of any lot than is allowed by the zoning ordinances of the city of Kansas City, Missouri. Provided, however, that the Homes Association may at any time hereafter with the consent in writing of the then recorded owner of the fee simple title to any such lot, change any building line that is shown on said plat. Provided further that no change shall be made at any time which will permit the erection or maintenance of any residence on any lot more than five (5) feet nearer to the front street or five (5) feet nearer to a side street than is the front building line or the side building line as shown on said plat. As amended 12-14-93

SECTION 6. HEIGHT OF RESIDENCES

No residence erected on any of the lots hereby restricted may exceed two and one-half (2 1/2) stories, nor be less than one full story in height without the written permission of the Homes Association. As amended 12-14-93

SECTION 7. REQUIRED SIZE OF RESIDENCES Any single family residence erected on any of the lots hereby restricted shall contain not less than one thousand eight hundred (1,800) square feet of enclosed floor area. Any residence one and one-half (1 1/2) stories in height erected on any of said lots, shall contain a minimum of two thousand two hundred (2,200) square feet of enclosed floor area, of which at least one thousand four hundred (1,400) square feet shall be on the first floor. Any residence two (2) stories in height erected on any of said lots, shall contain a minimum of two thousand two hundred (2,200) square feet of enclosed floor area, of which at least one thousand one hundred (1,100) square feet shall be on the first floor.
The words "enclosed floor area" as used herein shall mean and include, in all cases, areas on the first and second floor of the residence enclosed and finished for all-year occupancy, computed on outside measurements of the residence and shall not mean or include any areas in basement, garages, porches, or attic.
The Homes Association shall not be liable for any discretionary approval, disapproval, or failure to approve any matter submitted for their or its approval as required by the provisions of this declaration. The Homes Association reserves the absolute and incontestable right to determine whether any residence violates the meaning of this provision and further whether the enclosed floor area of any residence meets the minimum requirements provided for hereunder, and such determination shall be final. The Homes Association hereby also reserves the right to reduce any of the enclosed floor area requirements set forth above. As amended 12-14-93

SECTION 8. APPROVAL OF DESIGN AND LOCATION

No construction shall be commenced upon any building, nor shall any building be moved upon any lot, until the building plans, specifications, and plot plan showing the location of such building has been approved in writing by the Homes Association as to conformity and harmony of external design with existing structures in the subdivision, and as to the location of the building with respect to topography and finished ground elevation.
Upon any such request for approval the party requesting such approval shall submit simultaneously with said request the following documentation:
(a) Four exterior elevations delineating front elevation, back elevation, and both side elevations.
(b) A site plan of the house as it will sit on the lot showing elevation of top of foundation at its highest point in relation to curb immediately in front of lot and the relation to any home on adjacent lots.
(c) Floor plan.
(d) A list of all exterior materials to be used which will include roof, masonry, siding, and windows.
(e) A landscape plan showing proposed planting for the yard.
(f) A schedule of exterior colors to be used. The documentation listed above is intended only as a minimum requirement and the Homes Association shall be free to request any and all other documentation that in its sole discretion deems necessary. All such documentation shall be submitted in duplicate and shall be signed by the party requesting its approval. As amended 12-14-93

SECTION 9. EXTERIOR APPEARANCE

Exterior walls of all buildings, structures, and appurtenances thereto shall be of brick, stone, wood shingles, wood siding, wood paneling, plate glass, Masonite standard board and batten, stucco or a combination thereof. Aluminum, vinyl, or steel siding, manufactured stone and lava rock for exterior walls are prohibited unless approved in writing by the Homes Association. Windows, doors and louvers shall be of wood or colored metal or plastic and glass. Roofs shall be covered with wood shingles, or shakes, or a composite roofing material resembling wood shake shingles in both color and appearance that has been approved in writing by the Homes Association. Driveways shall be paved with concrete or concrete covered with a natural stone and epoxy surface, or concrete pavers, or brick. Any building products which may come into general usage for dwelling construction in this subdivision after the date of these restrictions shall be acceptable if approved in writing by the Homes Association. No building shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no building shall be permitted to remain in a damaged condition for longer than three (3) months without written approval of the Homes Association. All existing residential buildings shall be maintained with materials hereinbefore described. Residences will be maintained so that the conformity and harmony of their external design continues with existing structures in the subdivision. All residents shall maintain a standard of appearance that is reflective of the community of the Willow Farms Pool and Homes Association. As amended 12-14-93

SECTION 10. EXTERIOR PAINT OF RESIDENCE

All wood exteriors, except roof and shake sidewalls shall be covered with a workmanlike finish of paint and/or stain, unless another finish is approved in writing by the Homes Association. Any areas of exposed foundations shall be painted the same color as the exterior walls adjoining said foundation. As amended 12-14-93 Previously recorded as Section 24

SECTION 11. FENCES

No fences of any kind or description shall be erected on any lot unless and until the location, height, and material to be used have been approved in writing by the Homes Association. Any person desiring to construct a fence on any lot shall submit to the Homes Association a written request for permission to construct a fence. The request shall state the name and address of the owner of the lot on which the proposed fence is to be constructed and the location, height, and material to be used in constructing the fence. It is expressly provided, however, that no fence to be constructed along the boundary line of any lot shall exceed six (6) feet in height, except for chain link fences which shall not exceed four (4) feet in height. As amended 12-14-93 Previously recorded as Section 10

SECTION 12. LAWNS AND LANDSCAPING

All lawns, including all areas between each residential building and any adjacent street, regardless of the existence and location of any fence, boundary wall, berm sidewalk, or right-of-way shall be fully sodded. The owner of each said lot at all times shall keep his lawn, including areas between residences and adjacent street, fully sodded, and keep such lawn uniformly mowed and clipped with a length of grass not to exceed four (4) inches. Compost piles shall be properly located and maintained so that they are not noxious or offensive to adjoining residences or the Homes Association. Hedges, or the continuous planting of trees, bushes, or shrubbery that screen or block the view from the front street of the residential building shall be prohibited. The owner shall landscape the lot to the same standards as that generally prevailing throughout the subdivision and similar subdivisions in the area. As amended 12-14-93 Previously recorded as Section 25

SECTION 13. DOG RUNS PROHIBITED

In no event will any dog runs be erected, placed, or maintained upon any of the lots hereby restricted. As adopted 12-14-93 Previously recorded as Section 23

SECTION 14. LOCATION OF UTILITIES - CONNECTIONS

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of New Mark. As amended 12-14-93 Previously recorded as Section 11

SECTION 15. OUTBUILDING AND APPURTENANT STRUCTURES

No outbuilding, shed, or other detached structure for storage may be erected on any of said lots irrespective of the size, location or material used. No hot tub, gazebo, deck, dog pen or any other structural addition, or device appurtenant to a residence may be constructed or erected without the written approval of the Homes Association. As amended 12-14-93 Previously recorded as Section 12A

SECTION 16. SWIMMING POOLS PROHIBITED

No inground or above ground swimming pools may be constructed or maintained upon any of the lots hereby restricted. As amended 12-14-93 Previously recorded as Section 22

SECTION 17. ANTENNA, TOWERS AND SATELLITE DISHES

No exterior antenna, tower, satellite dish or other device for the sending or receiving of radio, television, shortwave, audio or visual transmissions shall be attached to or installed on any residence, or erected or maintained on any of the lots hereby restricted without the written approval of the Homes Association. As amended 12-14-93 Previously recorded as Section 12B

SECTION 18. LIVESTOCK OR POULTRY PROHIBITED

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lots, except a total of two (2) dogs and two (2) cats or two (2) other common household pets. Provided that such animals are not kept, bred or maintained for commercial purposes. As amended 12-14-93 Previously recorded as Section 13

SECTION 19. SIGNS AND BILLBOARDS

No signs, advertisements, billboards or advertising structure of any kind may be erected on maintained on any of said lots without the written consent of the Association. However, that permission is hereby granted for the erection of not more than one sign for the sole purpose of selling a residence. The sign must be of a professional appearance, not larger than six (6) square feet; homemade signs, banners, etc. are not acceptable. Signs are to be kept a minimum of twenty (20) feet from the curb. Open house signs are allowed only on the day of showing. As amended September 1990 Previously recorded as Section 14

SECTION 20. STORAGE TANKS PROHIBITED

No tanks for the storage of fuel or other liquids may be maintained above or below the surface of the ground on any of the lots hereby restricted. As amended 12-14-93 Previously recorded as Section 15

SECTION 21. STORAGE OF VEHICLES, TRAILERS, R.V.'S BOATS, ETC

There shall be no vehicle repair conducted on any of the said lots bound by these restrictions. Repairs to any vehicles must be performed inside the residence structure. No vehicles (ATV's, automobiles, boats, commercial vehicles, R.V.'s, trailers, trucks, etc.) shall be stored for a greater period than 72 hours outside any residence, without the prior written approval of the Association. As amended September 1990 Previously recorded as Section 16

SECTION 22. EXTERNAL SOLAR DEVICES, ENERGY CONSERVATION DEVICES, ENERGY PRODUCING DEVICES, ETC

There shall be no external solar energy devices, energy conservation devices, energy producing devices, equipment, or structures constructed or installed on any lot hereby restricted, except upon written approval by the Homes Association. No such device, structure, or equipment shall be approved except those that abut directly to and follow the contour of said roof and not extending more than twelve (12) inches above the surface of the roof where installed. In addition no such device, structure, or equipment shall be installed or erected on the roof so that it is visible from the view of the front street of the residential building. As amended 12-14-93 Previously recorded as Section 16A

SECTION 23. NUISANCES PROHIBITED

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done on any lot which is or may become an annoyance or nuisance to the neighborhood. Previously recorded as Section 17

SECTION 24. DURATION OF RESTRICTIONS AND AMENDMENTS

The restrictions herein set forth shall continue to be binding upon the Association and upon its successors and assigns until December 31, 2005, and shall automatically be continued thereafter for successive periods of five (5) years each, provided, however, that the owners of the fee simple title to more than sixty percent (60%) of the lots bound by these restrictions herein set forth, on December 31, 2005, or at the end of any successive five year period thereafter, may terminate these restrictions by executing and acknowledging an appropriate document in writing for such purpose and filing same for record in the office of the Recorder of Deeds of Clay County, Missouri, prior to the expiration of any successive five (5) year period after December 31, 2005.
This Declaration of Restrictions may be amended by a vote of 2/3 of the votes present either in person or proxy at any annual or special meeting of the membership provided written notice of the proposed amendments has been mailed to each member at least ten (10) days in advance of the meeting. Any amendment so approved shall be evidenced by a written instrument executed, acknowledged and filed for record in Clay County, Missouri. This Declaration of Restrictions may also be amended by written instrument executed by the owners of 2/3 of the lots which instrument shall be filed for record in Clay County, Missouri. As amended 12-14-93 Previously recorded as Section 18

SECTION 25. RIGHT TO ENFORCE

The restriction herein set forth shall run with the land and bind the present owner and its successors and assigns, and all subsequent owners of the land herein described and all said parties agree and covenant with the owner of the lots hereby restricted, and with its successors, assigns and grantees, to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon. No restriction herein set forth shall be personally binding on any corporations, person or persons, except in respect to breaches committed during its, his or their seisin of, or title to said land. The Homes Association and the owner or owners from time to time of any of the lots hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or enforce the observance of the restrictions above set forth, in addition to ordinary legal actions for damages; and the failure of the Homes Association or any other owner or owners from time to time of any lot or lots in this subdivision, to enforce any of the restrictions herein 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.

In addition to other remedies contained herein, the persons bound by these restrictions as defined in Section 1 hereof (hereinafter sometimes referred to as "member(s)") shall also be subject to the imposition of sanctions, as follows.

SANCTION PROVISIONS Members who violate any of the restrictions set forth herein above, or any of the duly promulgated rules and regulations of the Homes Association, shall be subject to sanctions. Such sanctions may include, but shall not necessarily be limited to:
(a) Suspension from the privileges of membership, to include the right to vote and the right to use and enjoy all or part of the Common Area, for a period not to exceed ninety (90) days for each violation.
(b) The assessment of reasonable fines, not to exceed fifty dollars ($50) for each such violation. Such fines, as well as costs and attorney's fees expended in collecting such fines or enforcing suspensions shall be considered Special Assessments in accordance with Article 6.4 and shall become a lien against the lot upon which said assessment is imposed.

PROCEDURE FOR IMPOSING SANCTIONS Whenever violations justify the imposition of sanctions, such sanctions shall be imposed in accordance with the following procedure:
(a) When a member has violated the restrictions or rules and regulations, he or she will be given written notice of the alleged offense(s), the sanction to be imposed by the Board of Directors, and the date upon which the sanction shall be imposed.
(b) The member shall have ten (10) days following date of the notice required by section (a) to request a meeting with the Board of Directors. Such request shall be made in writing to the Board of Directors. If such a meeting is not requested, all sanctions specified in the notice shall be effective upon the correction date specified in the notice. If a meeting with the Board of Directors is requested, it shall be at the next scheduled Board of Directors meeting. At the meeting, the member(s) and the Board of Directors shall be allowed to present evidence, call and examine witnesses and cross-examine witnesses called for the purpose of deciding on the violations alleged.
(c) At the conclusion of the meeting, the Board of Directors shall make a decision concerning the existence of violations alleged and the appropriate sanctions to be imposed. The Board of Directors may affirm the sanction imposed, modify the sanction, or reverse the sanction. This decision shall be in writing and forwarded to the member within five (5) days of the meeting. The decision of the Board of Directors shall be effective immediately.
(d) The member may appeal the Board's decision to an arbitration panel comprised of three persons, selected as follows: the member shall choose one arbitrator; the Board shall choose one arbitrator; the two arbitrators so selected shall select a third arbitrator. The arbitration panel shall hear evidence and call and examine witnesses in their discretion and may affirm the sanction, modify it, or reverse the fine or sanction. The arbitration panel's decision shall be final and no further appeals shall be allowed by either the member or the Board of Directors.

PENALTY FOR NON-PAYMENT OF SANCTIONS The payment of a fine imposed in accordance with Procedure for Imposing Sanctions shall be due and owing on the date specified in the notice to the member, or the completion of all appeals, whichever is later. In addition to the methods enumerated above for enforcing sanctions, and as a penalty for non-payment of a fine, for every month the fine remains unpaid, the member shall pay the Association an amount equal to the total fine originally imposed. As amended 3/17/01

SECTION 26. EFFECT OF INVALIDITY OF A PORTION OF THE DECLARATION Invalidation of any one or more of the foregoing restrictions or covenants by judgment or court order shall in no manner affect any of the other provisions herein, and all such other provisions shall remain in full force and effect. Previously recorded as Section 20

SECTION 27. HOMES ASSOCIATION DECLARATION

To insure the continuous availability of certain services and convenience for New Mark property owners, and to provide the means for the creation and maintenance of a residential neighborhood possessing features of more than ordinary value, all lots in the New Mark development subject to these restrictions may also be subjected to a homes association declaration. This association created pursuant to said declaration shall have the same power to enforce these restrictions as given to the developer and owners under Section 25 above. Previously recorded as Section 21 NEW MARK WILLOW FARM POOL AND HOMES ASSOCIATION DECLARATION