DECLARATION OF RESTRICTIONS
THIS DECLARATION, made this 19th day of September, 1979, by SPANISH GARDENS ESTATES, INC., a Kansas corporation, having its principal place of business in Johnson County, Kansas,
WITNESSET: That
WHEREAS, SPANISH GARDENS ESTATES, INC. is the owner of SPANISH GARDEN ESTATES, a subdivision in Johnson County, Kansas, which plat was recorded in the Register of Deeds in Johnson County, Kansas on July 31, 1979, and duly recorded in Plat Book No. 48, at page 2; and
WHEREAS, the said SPANISH GARDENS ESTATES, INC. has heretofore dedicated to the public all the streets and roads shown on said plat for use by the public; and
WHEREAS, SPANISH GARDENS ESTATES, INC. now desires to place certain restrictions on the following described land, to-wit:
See attached Exhibit “A”
NOW, THEREFORE, in consideration of the premises, SPANISH GARDENS ESTATES, INC. for itself and for its successors and assigns, and for its future grantees, hereby agrees that all of the lots hereinabove described 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 the plat of SPANISH GARDEN ESTATES.
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, 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 SPANISH GARDENS ESTATES, INC., or from the successors and assigns of each. 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 September 30, 2004, provided, however, that each of said restrictions shall be renewable in the manner hereinafter set forth.
SECTION I. USE OF LAND
It is the purpose-of SPANISH GARDENS ESTATES, INC. to cause the original builder to construct on the lots hereby restricted private residences to be occupied by a single family. Any residence erected or maintained on any such lots, shall be designed for occupancy by a single family., No business buildings shall be erected nor business of any nature conducted on the land hereinabove described, nor shall anything be done thereon which may be or become a nuisance to the neighborhood but this prohibition shall not preclude the original builder from operating a sales office or a general office or both on the lots hereby restricted.
SECTION II. REQUIRED HEIGHT OF RESIDENCES
Any residence erected on any of the lots hereby restricted shall not be more than two stories in height, provided, however, that a residence more than two stories in height may be erected thereon with the consent of SPANISH GARDENS ESTATES, INC., in writing.
SECTION III. FRONTAGE OF RESIDENCES ON STREETS
Any residence erected wholly or partially on any corner lot, or any part or parts thereof, shall front or present a good frontage on the street or streets designated by SPANISH GARDENS ESTATES, INC and as indicated in the original deed to said lot or part thereof.
It is provided, however, that if any part less than the whole of any corner lot is acquired by the owner of an inside lot contiguous to said corner lot, then, as to the part of such corner lot so acquired, the provisions hereof requiring a residence erected on a corner lot to front or present a good frontage on the street or streets designated by SPANISH GARDENS ESTATES, INC. shall not be operative, but the part of the inside lot to which it is contiguous, as to the restrictions governing the frontage of the residence on the street, and said part of any such corner lot so acquired, shall be subject to the restrictions applicable to the inside lot.
SECTION IV. SETBACK OF RESIDENCES FROM STREET;
SETBACK AND COMPOSITION OF FENCES
(A) No part of any residence nor any fence [except as to fences which are further restricted for corner lots as provided in Subsection (B)], wall or hedge may be erected or maintained on any of the lots hereby restricted nearer to the front street or the side street than is the front building or the side building line shown on said plat of SPANISH GARDEN ESTATES, on the lot or lots on which such residences may be erected, provided however, that SPANISH GARDENS ESTATES, INC. shall have and does hereby reserve the right to change any such building line which is shown on said plat on any such lot or lots, or which may in such sale and conveyance be established by it.
(B) Subject to Subsection (C) and unless otherwise expressly approved in writing by SPANISH GARDENS ESTATES, INC.:
(1) Fences shall be constructed of wood only, such as commonly used in stockade and rail types;
(2) No metal, wire, stone, brick or masonry fences of any type shall be erected, nor shall metal materials of any kind other than gage hinges and latches be used in or attached to any fence;
(3) No fence shall exceed six (6) feet in height from the ground surface;
(4) On corner lots any properly constructed fence must not be nearer to the front street or the side street than the parallel projection of the side of the residence structure as actually built, notwithstanding the fact that such residence structure may have been built inside the front or side building lines as platted;
(5) The materials, size and location of fences shall also conform to any applicable zoning ordinances and regulations of the City of Overland Park, Kansas
(C) Partial exception for Lots 31, 32, 33 and 34: No fence of any type, description or composition shall be constructed on Lots 31, 32, 33 or 34 of SPANISH GARDEN ESTATES as said lots are platted and recorded in the office of the Register of-.Deeds in Johnson County, Kansas in Plat Book No. 48, at Page 2, unless otherwise approved in writing by SPANISH GARDENS ESTATES, INC.
(D) Those parts of the residence which may project to the front of and be nearer to the front streets and the side streets than the front building lines and the side building lines shown on said plat, and the distance which each may project, are as follows:’
(1) Window Projections: Bay, bow or oriel, dormer and other projecting windows may project beyond the front building lines and-the side building lines not to exceed three (3) feet.
(2) Miscellaneous Projections: Cornices, spoutings, chimneys, brackets, pilasters, 4 millwork, trellises, and other similar projections, and any other projections for purely ornamental purposes, may project beyond the front building lines and the side building lines not to exceed four (4) feet.
(3) Vestibule Projections: Any vestibule not more than one (1) story in height may project beyond the front building lines and the side building lines not to exceed four (4) feet.
(4) Porch Projections: Unenclosed, covered porches, balconies and porte cocheres may project beyond the front building lines not to exc6ed six (6) feet; on corner lots unenclosed, covered porches, balconies and porte cocheres may project beyond the side building lines not to exceed six (6) feet.
(5) Cantilever Projections: Upper stories on any dwelling may project beyond the front building lines and the side building lines not to exceed three (3) feet.
SECTION V. REQUIRED SIZE OF RESIDENCE
Any single family residence erected on any lot hereby restricted shall contain a minimum of 2,500 square feet of enclosed floor area, and any residence one and one-half to two stories in height erected on any of said lots hereof shall contain a minimum of 1800 square feet of such enclosed floor area on the first floor thereof.
The words “enclosed floor area” as used herein shall mean and include in all cases areas on the first and second floors 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 basements, garages, porches, or attics; provided, however, that certain interior areas above the first floor need not be immediately finished for occupancy if the residence is so designed and built that such areas can be finished at a later date without any structural changes being made
in the exterior of the residence.
SPANISH GARDENS ESTATES, INC. shall have and reserves the absolute an d incontestable right to determine whether the enclosed floor area of any split-level residence (as distinguished from traditional one and one-half or two story residences), and/or the enclosed floor area on the first floor thereof meets the minimum requirements provided for hereunder, and such determination shall be final. SPANISH-GARDENS ESTATES, INC. hereby also shall have and reserves the right to reduce any of the enclosed floor area requirements set forth above.
SECTION VI. FREE SPACE REQUIRED
The main body of any residence, including attached garage, attached greenhouses, ells and porches, enclosed or unenclosed, covered or uncovered, but exclusive of all other projections set forth above in Section IV, erected or maintained on any of the lots hereby restricted, or on any part or parts thereof, as shown on the aforesaid plats, shall not occupy more than eighty percent (80%) of the width of the lot on which it is erected, measured in each case on the front building line as shown on the aforesaid plat or as established by SPANISH GARDENS ESTATES, INC., and as indicated in the original conveyance of any lot, or on such front building line produced to the side lines of the lots, whichever line is of greater length, without the approval in writing of SPANISH GARDENS ESTATES, INC. No building shall be located nearer than seven (7) feet to an interior side lot measured in each case on the front building line as shown on the aforesaid plat, provided, however, that SPANISH GARDENS ESTATES, INC. shall have and hereby does reserve the right to permit, by consent given in writing, a building located within five (5) feet of an interior side lot line.
SECTION VII. RIGHT TO APPROVE PLANS
No residences or outbuildings may be erected on or moved onto the-above property described in the preamble hereto, unless and until the plans, elevation, location, and grade thereof have been submitted to the architectural committee of SPANISH GARDENS ESTATES, INC. and by it approved in writing; nor shall any change or alteration be made in the exterior design of any such residence or outbuilding after the original construction thereof, until approval thereof has been given in writing by the architectural committee of SPANISH GARDENS ESTATES, INC. Approval of the aforesaid architectural committee shall be deemed given upon majority vote in favor thereof. Anything in this Declaration of Restrictions to the contrary notwithstanding, SPANISH GARDENS STATES,.INC., its successors and assigns, shall have and do hereby reserve the right to determine the location of all buildings upon the respective lot or lots except as it may be restricted in the making of such determination by the provisions of Sections IV and VI herein, and the relation of the top of the foundation thereof to the street level.
SECTION VIII. MAINTAINING SIGHT DISTANCE
No shrub or other planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines (as established by curb lines) and a line connecting them at points on the curbs twenty-five (25) feet from the intersection of the street lines (formed by the curb corner) or in the case of a rounded property corner, from the intersection of the streets as established by prolongated curb lines.
–
The
same sight-line limitations shall apply with respect to driveways as measured 25 feet in each direction along the curb line from the center of each drivewayto a point measured twenty (20) feet along the center of the driveway back of the curb line. Such driveway sight distance restriction shall apply to all lots within the curb distance of 25 feet of the center of any driveway regardless of whether any driveway is on that lot or an adjoining lot. No trees shall be permitted to remain within such distance of such intersections and driveways unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
SECTION IX. REQUIRED BUILDING MATERIALS–
Exterior Walls of all buildings, structures and appurteh6ncOs thereto shall be; of brick, stone, wood shingles, wood siding, wood paneling, plate glass, masonite, or a combination thereof. Windows, doors and louvers shall be of wood, or metal and glass. Roofs shall be covered with wood shingles, wood shakes, slate or tile, or earth tone composition shingles if approved in writing by SPANISH GARDENS ESTATES, INC. Any building products which may come into general usage for dwelling construction in this area after the date on these restrictions shall be acceptable if approved in writing by SPANISH GARDENS ESTATES, INC. All wood and masonite exteriors, except roofs, and shake sidewalls shall be covered with a workmanlike finish of paint and/or stain, unless another finish is approved in’ writing by SPANISH GARDENS ESTATES, INC. No building shall be permitted to stand with its exterior in an unfinished condition for longer than nine (9) months after commencement of construction. In the event of fire, windstorm, or other damage, no building shal1 be permitted to remain in damaged condition longer than six (6) months.
SECTION X. SODDED YARDS
The entire front, rear and side yards of every lot in SPANISH GARDEN ESTATES and the unpaved portions of street easements contiguous thereto shall be sodded with bluegrass at the earliest time after construction of a dwelling on said lot ,Ps the weather will permit and in no instance will seeding or plugging be considered a substitute for such original sodding without the consent in writing of SPANISH GARDENS ESTATES, INC.
SECTION XI. OUTBUILDINGS PROHIBITED
No buildings or other detached structures appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of SPANISH GARDENS ESTATES, INC.
SECTION XII. OTHER STRUCTURES PROHIBITED
No tank for the storage of fuel nor any swimming pool may be installed, erected or maintained above the surface of the ground on any of the lots hereby restricted, without the consent in writing of SPANISH GARDENS ESTATES, INC.
SECTION XIII. LIVESTOCK AND POULTRY PROHIBITED
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that no more than two dogs, two cats, or two of any other household pet may be kept provided that they are not kept, bred or maintained for any commercial purpose.
SECTION XIV. BILLBOARDS PROHIBITED
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 SPANISH GARDENS ESTATES, INC.; provided, however, that permission is hereby granted for the erection and maintenance of not more than two advertising boards on each lot or tract as sold and conveyed, which advertising boards shall not be more than six square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease the lot or tract upon which they are erected; and provided, further, that nothing in this section shall be construed to prohibit the erection of subdivision entrance structures by SPANISH GARDENS ESTATES, INC., its grantees, assignees, or licensees, at such place or places as it or they may determine, which structures may or may not display the name of said subdivision.
SECTION XV. AUTOMOBILE REPAIRING AND STORAGE
OF, AUTOMOBILES BOATS, TRAILERS, ETC.
No automotive repair or rebuilding or any other form of automotive manufacture, whether for hire or otherwise shall occur on any of the lots hereby restricted except that automotive repairs on a non-commercial basis and not for hire may be conducted in any enclosed garage built on the said premises and permitted under other provisions of these restrictions.
No truck, trailer, boat, camper, motorcycle, motorbike, motor scooter, motor home, airplane, house trailer, boat trailer, camping trailer, camping vehicle, or vehicle of any type and description shall ever be parked, stored, located or otherwise maintained on any part of the property subjected to these restrictions, or upon any parking area or street within the boundaries of the overall area covered by these restrictions, except that storage of. such vehicles, other than storage of vehicles for hire, shall be permitted within the confines of any garage or basement built on any of the lots hereby restricted and permitted under other provisions of these restrictions. Nothing in this section, however, shall be so construed as to prohibit the regular parking of not more than three passenger automobiles
,
in running condition and in a reasonable state of repair and preservation on any driveway permitted to be maintained on any of the lots hereby restricted.
SECTION XVI. EASEMENTS
Easements of varying dimensions for various public utility services either have heretofore been granted or dedicated by SPANISH GARDENS ESTATES, INC. or will hereafter be reserved prior or at the time of conveyance by appropriate written instruments giving specific descriptions and locations thereof. No trees, shrubbery, structures, buildings, fences, pavements or similar improvements shall be grown, built or maintained within the area of the utility easement which may damage or interfere with the use and maintenance thereof for the purposes and objectives of the utilities having the right to use such easements.
SECTION XVII. ANTENNAS
No external television or radio antenna or transmitter structures or tower shall be erected or maintained on or about any of the exterior of the buildings or structures.
SECTION XVIII. DURATION OF RESTRICTIONS
Each of the restrictions herein set forth shall .continue and be binding u . on SPANISH GARDENS ESTATES, INC. and upon their successors and assigns until September 30, 2004, and shall automatically be continued thereafter for successive periods of twenty-five (25) years each, provided, however, that the owners of the fee simple title to more than fifty percent (50%) of the front feet of all of the lots hereby specifically restricted, and set forth in this instrument, may release all of the land which is hereby restricted from any one or more of the restrictions herein set forth, on September 30, 2004, or at the end of any successive five-year period thereafter, by executing and acknowledging an appropriate agreement or agreements in writing for such purpose and filing of the game for record in the Office of the Register of Deeds of Johnson County, Kansas, prior to September 30, 2004, or at least ten (10) days prior to the expiration of any successive five-year period after September 30, 2004.
SECTION XIX. RIGHT TO ENVORCE’
The restrictions 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 owners of the lots hereby restricted, and with their successors and assigns, and with each of them, to conform to and observe said restrictions as to the use of said lots 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 seisin of, or title to said land; and SPANISH GARDENS ESTATES, INC., its successors and assigns, and also the owner or owners 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 to enforce the observance of the restrictions above set forth, in addition to ordinary legal actions for damages, and failure of SPANISH GARDENS ESTATES, INC., its successors or assigns, or any owner or owners of any lot or lots hereby restricted 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. SPANISH GARDENS ESTATES, INC. may, by appropriate agreement made expressly for that purpose, or by means of express words to that effect contained in a deed to any lots restricted hereby, assign or convey to any person or corporation all of the rights, reservations, and privileges herein reserved in respect to all or any part of said lots, and upon such assignment or conveyance being made, their assigns or grantees may at their option exercise, transfer or assign these rights, or any one or more of them, at any time or times, in the same way and manner as though directly reserved by them, or it, in this instrument.
SECTION XX. ADDITION OF OTHER LAND
SPANISH GARDENS ESTATES, INC. shall have and expressly reserves the separate right from time to time to add such other land as either may now own or hereafter acquired, to the operation of the provisions of this Declaration of Restrictions, by executing and acknowledging any appropriate agreement or agreements for that purpose and filing the same for record in the Office of the Register of Deeds of Johnson County, Kansas. When any other land is so subjected to the provisions herein, whether the same consists of one or more tracts or whether said additions shall be made at one or more times, said land so added shall be subject to all of the-terms and provisions hereof in the same manner and with like effect as though the same had been originally described herein and subjected to the provisions hereof.
SECTION XXI. HOMEOWNEA’S ASSOCIATION
SPANISH GARDENS ESTATES, INC.. shall have and hereby reserves the absolute and incontestable right to subject the herein described real property to the reasonable covenants, charges and assessments for the care and maintenance of all streets, park areas, service areas and other common areas, and all similar places hereafter platted and filed in the office of the Register of Deeds of Johnson County, Kansas, the use of which. is dedicated to or set aside for the use of the general public, or for the general use of all of the owners, or which may, with appropriate consent, be used by all owners of land within SPANISH GARDEN ESTATES. Said covenants, charges and assessments shall be set forth and contained in a Homes Association Declaration subject, however, to the limitation that said Homes Association Declaration shall be filed in the office of the Register of Deeds of Johnson County, Kansas on or before September 30, 1984.
IN WITNESS WHEREOF, SPANISH GARDENS ESTATES, INC., by authority of its Board of Directors, has caused these presents to be executed by its President and Secretary, and upon the authority of its Board of Directors, this day of September, 1979.
SPANISH GARDENS ESTATES, INC.
By
Dr. Fernando Egea, President
Attest
Dr. Jose Fischer, Secretary
ACKNOWLEDGEMENT
STATE OF KANSAS,
Ss.
COUNTY OF
BE IT REMEMBERED, that on this day of September, 1979, before me, the undersigned, a Notary-Public in and for the County and State aforesaid, came DR. FERNANDO EGEA, as President, and DR. JOSE FISCHER, as Secretary of SPANISH GARDENS ESTATES, INC., a Kansas Corporation, who are personally known to me to be the same persons who executed the within instrument on behalf of said Corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said SPANISH GARDENS ESTATES, INC.
IN WITNESS WHEREOFI I have hereunto set my hand and affixed my official seal, the day and year last above written.
Notary Public
My appointment expires:
LEGAL DESCRIPTION
TRACT “A”
Commencing at the NW corner of the NW 1/4 of Section 24, Township 13 South, Range 24 East of the 6th P.M., Overland Park, Johnson County, Kansas; thence S O’-39′-37″E (assumed bearing) on the westerly line of said NW 1/4, 907.60 feet to the point of beginning; thence N 89′-03′-59″E, 300.00 feet; thence N 01-391-37″W on a line 300.00 feet easterly from and parallel with the westerly line of said NW 1/4, 607.60 feet to a point 300.00 feet southerly from the northerly line of said NW 1/4; thence N 89′-03′-58″E on a line 300.00 feet southerly from and parallel with the northerly line of said NW 1/4, 286.69 feet; thence SO’-00′-00″W 143.02 feet; thence S 616-421-11″W, 1:64.68 feet; thence S O’-00′-00″E, 408.51 feet; thence S 90′-00′-00″Ei 406.00 feet; thence N 01-00′-OO”E, 170.51 feet; thence…N 20′-30′-42″E, 112.57 feet; thence N 700-4,3′-!S”E, 163.74 feet; thence S 710-14′-19″E, 164.74 feet; thence S 130-12′-58″E, 179.17 feet to a point 100.00 feet westerly from the easterly line of the NW 1/4 of said NW 1/4;. thence S 00@331-47″E on a line 100.00 feet westerly from and parallel with the easterly line of the NW.1/4 of .said NW 1/4, 127.60..-F–t; thence N 900-00′-00″W, 173.21 feet; thence S O’-DO ‘-00’@Ee . “7’164o82 feet to the southerly line of the N 1/2.of said NW 1,Al; thence S 891-03′-59″W on said southerly line, 1054.84 feet to the SW corner of the N 1/2 of said NW 1/4; thence N 00-391-37@’W on the westerly line of said NW 1/4,’ 419.50 feet to the point of-beginning. (Said tract contains 15.00.acres.)
TRACT “B”,
‘Beginning at the NW corner of the NW 1/4 of Section 24, Township 13 South, Range 24,East of the 6th P.M.# Overland Park., Johnson County, Kansas; thence N 891-031-58″E (assumed bearing) on the northerly line of said. NW 1/4, S4§.59 feet; thence S 0–56′-02-‘E, 20.00 feet; thence S 75’@49′-00″E, 56.96 feet; thence S 01-001-00″w, 245.02 feet; thence S 90′-00′-00″W, 15.00 feet; thence S O’-00′-00″W 20.40 feet to-a point 300.00 feet southerly from the northerly line of said NW 1/4; thence S 890-03′-58″W on a line 300.00 feet southerly from and parallel with the northerly line of said NW 1/4, 286.69,feet.to a point 300.00 feet easterly from the westerly line of said NW 1/4; thence S 00-391-37″E on a line 300.00 feet easterly from and parallel with the westerly line of said NW 1/4, 607.60 feet; to a point 419.50 feet northerly from the southerly line of the N 1/2 of said NW 1/4; thence S 890-031@59″W on a line. 419.50 feet northerly from and parallel with the southerly line of said N 1/2, 300.00’feet.to the westerly line of said NW 1/4; thence N O*-39′-37″W on said westerly line, 907.60 feet to the point of beginning. (Said tract contains 8.298 acres.)
EXHIBIT “A”