3905 Change Declaration
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PETI TI ON NU~BER
3905
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FH..EDI
'85 JUl. Z3 r n 9
06
P~1I~IONYOR ÇB~~9E OF DECLARATION OF RESTRICTI NS
TO:
THE GOVERNING BODY
The City of Salina, Kansas
The Country Estates Owners Association, Inc., aKa' sas cor-
poration, on behalf of the residents, owners and mortg gees of
Country Hills Estates, a planned unit development in t,e City of
Salina, Saline County, Kansas, do hereby petition your Honorable
Body to amend the Declaration as to Country Hills Esta es filed
in Book 125 of Miscellaneous, at pages 621-628 in the ffice of
the Register of Deeds of Saline County, Kansas, to rea as
follows:
SECTION II
Grantor incorporates the Plat of Country Hills Est
consisting of two (2) sheetsJ as aforesaid, herein
referlence. Country Hills Estates consists of trac s
numbered one (i) through seven (7), inclusive. Tr cts
one (i) through six {6) are hereinafter referred t as
the "Chalets" and are single-family dwellings and ach
unit will contain, in due course, a single-family
dwelling unit. Tract 7 now contains three (3) sep
structures, being Structures "A", "B" and "C".
Structure "A" contains twelve (12) condominiums se ara-
tely numbered A-l .to A~12, inclusive. Structures "B"
and "e" each contains eight (B) condominiums separ tely
numbered B-1 to B-8, and C-l to C-8, respectively,
inclusive. Condominiums bearing odd numbers are 0 the
first or ground f 1<::)or of the structures and those
bearing even numbers are on the second floor there f,
all as reflected on the separate plats of the separate
floors. The aforesaid condominiums are hereinafter
referred to as the "Units". Subsequently, Grantor will
construct two (2) additional Units as single-famil
dwell:ings South of present Structure "C", which for all
purposes hereunder will be treated as Units D and E of
Tract Seven (7), and will hereinafter be referred to,
and included in the term "Chalets," the same as those on
or to be constructE=d on Tracts One (1) through Six (6),
inclusive. Each Unit carries with it the use of a ~ehi-
cular storage area being the Unit number followed b a
"(G)" as reflected on the plat. ,
Grantor hereby establishes a plan of individual
ownership of Condominium Units number A-I through A-12,
B-1 through B-8 and C-l through C-8 consisting of the
area or space contained in or to be in each Condominium
Unit, and the co-ownership by the individual and
separate owners thereof. as tenants in commOn, of all
remaining areas and private drives indicated on the plat
of the remaining land in Tract Seven (7) located North
of a line commencing 100,00 feet North of the Southwest
corner of said tract Seven (7) on the West I ine of said
Tract Seven (7), thence traversing said Tract Seven (7)
on an angle of N 85'32'03" E, a distance of 104.46 feet
to the East line of said Tract Seven (7).
Grantor hereby establishes a plan of individual
ownership in fee for Tracts One (1) through Six (6), and
Units D and E of Tract Seven (7), excepting that the
separate owners thereof shall have the right to use, as
tenants in common with all other owners of Units and
Chalets in the said Addition, the Private Drive abutting
Tracts One II) through Six (6).
SECTION IV
(A) Grantor, the fee owner of the real property
described as Tract Seven (7) on the Plat, hereby makes
the following declaration as to divisions, covenants,
restrictions, limitations, conditions and uses to which
Tract Seven (7) and the Private Drives indicated on the
Plat may be put. This Declaration applies to the
twenty-eight (28) Units now or to be in Structures "A",
"B" and "C", and this Declaration is hereby specified to
be covenants to run with the land and shall be binding
on Gr.antor, their successors and assigns, and all sub-
sequent owners of all or any part of Tract Seven (7),
except that portion thereof designated as Units D and E
of Tract Seven (7), the drives and improvements,
together with the grantees, successors, heirs, legal
representatives, devisees and assigns,
(E) Grantor, in order to establish a plan of Unit
ownership for the above-described property and improve-
ments, covenants that it hereby divides Tract Seven (7)
into the following separate freehold estates:
1, The twenty-eight (28) separately
designated and legally described freehold
estates consisting of the spaces or areas con-
tained in the perimeter walls of each apart-
ment unit in the multifamily structures
constructed or to be constructed on the
described pröperty, which spaces are defined
and referred to herein as "Unit Space".
6. The undivided interest in the common areas
and facilities hereby established which shall
be conveyed with each respective Unit shall be
an undivided one-twenty-eighth (1/28) of the
Common Areas and Facilities; provided, that
the Private Drive abutting Tracts One (1)
through Six (6) shall be limited to an undi-
vided one-thirty-sixth (1/36) part thereof.
9. The proportionate shares of the separate
owners of the respective units in the prof its
and common expenses of the common areas and
facilities, as well as their proportionate
representation for voting purposes in the
association of owners, shall be one-twenty-
eighth (1/28) share of the liability and bene-
fits and of a vote except as to the
improvement and maintenance of the Private
Drive abutting Tracts One (1) through Six (6),
inclusive, where the vote shall be a one-
thirty-sixth (1/36) part.
jJECTION_"y
The owners of Tracts One (1) through Six (6), inclusive
and Uni ts D and E of Tract Seven (7), together with the
owners of the Condominium Units A-l through A-12, B-1
through B-8, and C-l through C-8, shall each be entitled
to use, as tenants in common, the Private Drive abutting
Tracts One (1) through Six (6), inclusive, and each of
said owners shall bear, as a covenant running against
the Units and Chalets, a one"thirty-sixth (1/36) part of
the cost of maintaining and improving the said Private
Drive.
SECTION VII
The owners of Tracts One (1) through Six (6), inclusive,
and Units D and E of Tract Seven (7), shall be obligated
and benefited by all covenants, restrictions and limita-
tions set forth in Sections V and VI hereof, insofar as
applicable, however, any such owners shall be a member
of the Association solely for the purpose of par-
ticipating via the directors and manager of the
Association in determining the nature and extent of the
maintenance and improvement of the abuttng Private Drive
and the assessment against each Unit or Chalet owner for
an one-thirty-sixth (1/36) part of the costs thereof;
provided that the Owners of Tracts One (11 through Six
(61, inclusive, and Units D and E of Tract Seven (71,
may not be assessed for any other COmmon expense, unless
by an executed agreement with the Association, the owner
of Tracts One (1) through (6), or Uni ts D and E of Tract
Seven (71 elects to participate in one or more of the
common amenit ies in the Addi tion and agrees to pay a pro
rata or specific dollar share of the attributable cost
thereof,
The reason for the request is that The Board of Directors of
Country Estates Owners Association, Inc., has determined that the
following described real property, to-wit:
Condominium Unit C-9, also described as Unit D, in Tract
SeVE\l1 (7), Country Hills Estates Planned Development
District, City of Salina, Saline County, Kansas, more
particula1"1y described as follows: Commencing at the
Southwest Corner of Tract Seven (7); thence North a
distance of 55.52 feet to the point of beginning; thence
continuing North a distance of 54.48 feet; thence
N 85'32'03" E, a distance of 104,46 feet; thence
S 01'31'45" E, a distance of 18.00 feet; thence
S 15'05'13" E, a distance of 22.60 feet; thence
S 78'20'17" W, a distance of 112,84 feet, back to the
point of beginning (hereinafter called "Unit D of Tract
Seven [7]"); and
Condominium Unit C-I0, also described as Unit E, in
Tract Seven (7), Country Hills Estates Planned
Development District, City of Salina, Saline County,
Kansas, more particularly described as follows:
Commencing at the Southwest Corner of Tract Seven (7);
thence North a distance of 55.52 feet; thence
N 78°20'17" W, a distance of 112.84 feet; thence
S 15°05'13" E, a distance of 47.49 feet; thence
S 06°25'26" E, a distance of 29.24 feet to the South
line of said Tract Seven (7), thence West along said
South line of said Tract Seven (7) to the point of
beginning (hereinafter called "Unit E of Tract Seven
[7]") ,
have now been improved and such improvements have been sold as
single-family dwelling units, and that said Unit D (C-9) Tract
Seven (7) and Unit E (C-I0) of Tract Seven (7), should be given
the same treatment and be placed in the same relationship as the
Chalets located on Tracts One (.1) through Six (6), inclusive,
including all privileges, responsibilities, and liabilities of
that relationship, under the Declaration as to Country Hills
Estates, the Articles of Incorporation of Country Estates Owners
Association, Inc. and the Bylaws of Country Estates Owners
Association, Inc., as the same apply to the Chalets.
The purpose of this proposal is to eliminate the common areas
located in that part of tract Seven (7) occupied by Unit D and
Unit E, and to eliminate the liability of the association for
caretaking, maintenance and insurance for those units as now
required under Sections IV and VI of the Declarations. The
owners of Unit D and Unit E would. have the same responsibilities,
liabilities, voting rights and membership obligations as the pre--
sent Chalet owners.
In order to accomplish this purpose it is necessary that approval
be obtained pursuant to Section VI , Subsection (A)8, which reads
as follows:
"This Declaration shall not be revoked or any of the
provisions herein amended unless (i) the City of Salina,
in conformance with applicable ordinances, approves the
proposed revocation or amendment, and (ii) all of the
owners and mortgagees of all of the mortgages covering
the units unanimously agree to such revocation or amend-
ment by duly recorded instrument."
Upon amending the Declarations all reference to Chalets would
include Units D and E of Tract Seven (7), and such amended
Sections would read as above.
All owners and mortgagees have executed letter agreements for
filing and recording upon approval by the Governing Body of the
City of Salina, Kansas.
A copy of the present Declaration of Restrictions is attached
hereto.
6~"??~ ~
Ron ld Barta of
BAR A 8< BARTA
611 East Iron
P.O. Box 1605
Salina, KS 67402
(913) 825-5413
Attorney for Petitioner
/
ßook 11.5) ro.O(' h2-1
DECLARATION AS TO COUNTRY HIL.L.!U'!'IATES
SECTION I
JAMES D, NELSON, RICHARD B. NELSON, ROBERT E. PACE, CHARLES H,
HALKER, JOHN R. BUSCHMAN, CHARLES. HADDLE, NELSON & COHPANY, INCORPORATED I
Partners, dfb/a cOtnnRY HILLS PARTNERS, hereinafter referred to as
"Grantor", own tbe Final Replat of a Replat of Block One (1), Lots Five
(5) to Fourteen (14), Replat of Lot One (1) Block One (1), Country lIills
Addition 112, also described as Lot One (1) I Block One (1), Planned
Development District Replat of a Replat, Lots One (1) and Five (5)
through Fourteen (14), Country lIills Addition 112, an Addition to the
City of Salina, which property is contemporaneous herewith heIng replatted
and will hereafter be referred to solely as "Country Hills Estates, an
Addition to the City of Salina, Saline County, Kansas",
SECTION II
Grantor incorporates the Plat of Country Hills Estates, consisting
of two (2) sheets, as aforesaid, herein by Teference. Country Hills
Estates consists of tracts numbered one (1) through seven (7), inclusive.
Tracts one (1) through six (6) are hereinafter referred to as the "Chalets"
and are single family dwellings and each unit will contain, in due
course, a single family dwelling unit. Tract 7 now contains three (3)
separate structures, being Structures "A", "u" and "e", Structure "A"
contains twelve (12) condominiums separately numbered A-I to A-12,
inclusive. Structures "u" and "e" each contains eight (8) condominiums
separately numbered U-I to U-8, and e-l to C-8, respectively, inclusive,
Condominiums bearing odd numbers are on the first or ground floor of the
structures and those bearing even numbers are on the second floor thereof,
all as reflected on the separate plats of the separate floors, The
aforesaid condominiums are hereinafter referred to as the "Units".
Subsequently, Grantor will construct two additional Units as single
family dwelling South Structure
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the Chalets on or to on
with it the use of a vehicular storage area being
by a "(G)" as reflec~ed on th~ plat.
SECTION III
Grantor hereby establishes a plan of individual.ownership of Units
number A-I .through A-12, B-1 through B-8 and C-I through C-IO consist!ng
of the area or space contained in or to he in each Unit,and the co=
OImership by the individual and separate owners thereof, as tenants in
common, of all remaining areas. and private drives indicated on the plat
of the remaining land in .Tract 7.
Grantor hereby establishes a plan of individual ownershJ.p in fee
for Tracts 1 through 6, excepting that the separate owners thereof shall
have the right to use, as tenants J.n coounon with all other owners of
". 'üi1its and Chalets in the said Addition, the Private Drive abutting
Tracts 1 through 6.
SECTION IV
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(A) Grantor, the fee owner of the real property described as
Tract 7 on the Plat, hereby makes the following declaration as to divisions,
covenants, restrictions, limitations, conditions and uses to which
Tract 7 and the Private Drives indicated on the Plat may be put. ThIs
Declaration applies to the thirty Units in (now 28 Units) or to be in
Structures "A", "n" and "C", and this Declaration is hereby specified to
be covenants to run with the land and shall be binding on Grantor, their
successors and assigns, and all subsequent owners of all or any part of
Tract 7, the drives and improvements, together with the grantees, successors,
heirs, legal representatives, devisees and assigns,
(n) Grantor, in order to establish a plan of Unit ownership for
the above-described property and improvements, covenants that it hereby
divides Tract 7 into the following separate freehold estates:
1. The thirty (30) separately designated and legally descrIbed
freehold estates consisting of the spaces or areas contained in the
perimeter walls of each apartment unit in the multifamily structures
constructed or to be constructed on the described property, which spaces
are defined and referred to herein as "Unit Space", .
2. A free hold estate consisting of the remaining portion of
the real property Is described and referred to herein as the "common
area", which definition includes the multifamily structure and the
property on which it is located, and specifically includes, but is not
limited to, the land, private drives, roof, main walls, slabs, elevator,
elevator shaft, staircases, lobbies, halls, parking spaces, general
storage spaces (excluding the separate Unit Garages which are to be
solely owned by the owner of the Unit to which the garage is attributable),
community and commerci.al facilities, swimming pool, pumps, water tank,
trees, pavement, balconIes, pipes, wires, conduits, air conditioners and
ducts, and other public utility lines. The Common Area also includes
all area outside the Unit Space except the Limited Common Area (designated
LCA on the plat), which may be used solely by the owner of the Unit
owning the abutting prIvate garage for Ingress and egress into the
garage or fø..r his still parking of vehicles, or by the tenants in cqmmon
solely for Ingress and egress when the Limited Common Area is not In use
by the said owner.
3. For the purpose of this Declaration, the ownership of
each Unit shall Include the respective undivided Interest by. owner of
the Unit as tenants in common in the common area and facilities specified,
as aforesaid.
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4, An undivided portion of the eommon area and facilities is
hereby set aside and allocated for the restricted use of the respective
Unit Spaces, as is designated herein, and as shown on the plat attached
hereto, and those areas shall be known as "restricted common areas and
facil:lties" .
"
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5. The Units which shall be individually conveyed are to be
d'escribed, for example, as follows: "Condominium Unit No. A-I, in
Tract 7 of Countty HIlls Estates, an Addition to the City of Salina,
Saline County, Kansas"; and as an additional example, "Condominium Unit
110, C-IO in Tract 7 of Country Hills Estates, an Addition to the City of
Salina, Saline County, [(ansas".
6. The undivided interest in the commnn areas and facilities
hereby established which shall be conveyed with each respective Unit
shall be an undivided one-thirtieth (1/30) of the Common Areas and
Facilities; provided, that the Private Drive abuttIng Traets I through 6
shall be limited to an undivided one-' thirty-sixth (1/36) part thereof.
7.
and egress.
The driveways are to be used solely as a means of ingress
8. The above undivided interest established and to be conveyed
wIth the respective Units as indicated above, cannot be changed, and
Grantor, its successors and assigns, and grantees, covenant that the
undivided interests in the common areas and facilities and the fee
titles to the respective Unit Spaces conveyed therewith, shall not be
separated or separately conveyed, and each undivided interest shall be
deemed to be conveyed or encumbered with its respective Unit, even
though the description in the instrument of conveyance or encumbrance
may refer only to the fee tHle to the Unit.
9. The proportJonate shares of the'separate owners of the
respective units in the profits and common expenses of the common areas
and facilities, as well as their proportionate representation for voting
purposes in the association of owners, shall be one-thirtieth (1/30)
share of the.liability and benefits and of a vote except as to the
improvement and maintenance of the Private Drive abutting Tracts 1
through 6, the vote shall be a one-thirty'-sixth (1/36) part.
SECTION V
The owners of Tracts 1 through 6 (Chalets), together with the
owners of the Units, shall each be entitled to use, as tenants in common,
the Privat~ Drive abutting Tracts I through 6 and each of said own'èrs-
shall bear, as a covenant running against the Units and Chalets, a one-
thirty-sixth (1/36) part of the cost of maintaining and improving the
said Private Drive,
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SEcn ON \'!
(A) (;rantor, its ~l":C(',-",>r,; ,mil assiGns, by this \)pclar.ltion, a,.,
Grantor's obliEation, and thp ohli¡;atlon of all' futun> 0""1:("-'; of \1:dts,
by their acceptance of J('eds, cov<,nant, as fol10"'M:
1. The col'.'"on arC';,-; and [,lci1itÎl's ,:It"ll remain IIndivir1l'd;
alld no owner "hall brinr, any action f( [' partition, it ""iIlE agn'ed that
this rcfitrict ion i.... necessary in nn!"r to prell('r'l(, the rights of the
ownE'rS with re"pect to th,~ c¡,,-rat ion alld m;li1al.;<'!TI('nt of the property-
2. The tlnit Sp"cc's shall he o('('ul'i('{] alld us<,d by the rc"I ",('tívl'
owners only as a privatI-. <lIJel I illL; ror thl' 010111<'1', his family, t('lI"nt" and
fiocial guests and for 110 otltC'!- purl"';;!'.
3. The owlI.,rs of the '-C"'p('ct1\'e "lInit Sp:tu>,;" shall 1101 he
deeUled to own the undc-('oratl'd or IIlIfini,;}¡e'd surfaces (If tl\(' p"'r;",.-t£'r
walls, floor,; <111<\ c,'ilill;'" ,;urroun<HIIG thl' n's¡>"ctive tlnit Sp"""", lIf)r
:;hall ownl'rs be deC'med to O'Wi} pip""- wir~s, (,olHluits, or otlll'r pu)'l!c
utility lines rullning through the respective Unit Spa"e" tl,at ,In' utili;'l'd
for, or S"1'\:e, 1T'0r(' than on(' aparlr""nt "pace- except as tenants in
common. The owners, hnHever, 511:111 b" d,,',med to o\.:n the walls :md
partitions that are contained within 11,,'i1' r""I",c-tivc Unit Spaces, ,lnd
also shall be <!('et:;l'c! to O\.¡n tl,l' inm,,- decorated or finished ,;urfaces of
the perit:1cter "'all,,, floors and ceilinl:'-;, including plasler, p.,int,
wallpaper, and the like.
4. The o~~1'~ of the respective Unit Spaces aEree that if
any portion of the ClH-,:r')" areas and facilitj<:s ellcroac!,e" on the \Jnit
Spaces, a valid easement for the encroachment alld for the m3int~'!la:\ce of
same so long as it slands, ,.hall exist. In the ('vent a st1'uctt1~c' or
structures are partially or totally dc-stroyed and then rebuilt, the
owners of Unit Spaces agree that minor encroachment of parts 0: the
CO!T1IT,on areas and facilities due to construction shall be permitted and
that valid easement for such encroachment al'd the maintenance thereof
shall exist.
5. An ovner of a Unit, on becoming the owner of a Unit,
shall autOlr,atically be a member of Country Estates Ü\.'T1ers Association,
referred to as the Association, anG shall remain a member of the Association
until such time as his ownership ceases Íor any reason, at which time
his membership in the Association shall automatically cease.
6.' The owners of Units 3gree that the administration of _the
condominium shall be in accordance vith the provisions of this declaration
and the by-laws of the Association, ~hich arc ~~de a part hereof and
attached as Exhibit "B", and shall be subject to the lern:s of a regulatory
agreement executed by the Association and Grantor.
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7. Each owner, tenant or occupant of a Unit shall comply with the
provisions of this declaration, the by-laws, decisions and resolutions
of the Association or its representative, and the regulatory agreement,
as' lawfully amended from time to time, and failure to comply with any
súch provisions, decisions, or resolutions, shall be grounds for action
_.,"to recover sums due for damages or for injuncl1"erelief. '
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8. This Declaration shall not be revoked or any of the
provisions herein amended unless (i) the City of Salina, in cònformance
with applicable ordinances, appròves the proposed revocation or amendment,
and' (ii) all of the owners and the mortgagees of all of the mortgages
covering the Units unanImously agree to such revocation or amendment by
duly recorded instruments.
9. No owner of a Unit may exempt himself from liability for
his contribution toward the common expenses by 'waiver of the use or
enjoyment of any of the conunon areas and facilities or by the abandonment
of his Unit.
10. All sums assessed by the assocIation but unpaId for the
common expenses chargeable to any Unit shall constitute a lien on such
Unit prior to all other liens except only (1) tax liens on the UnIt in
favor of any assessing unit and specIal district, and (2) all sums
unpaid on tbe first mortgage of record. Such lien may be foreclosed by
suit by the manager or board of directors of the AssocIation acting on
behalf of the owners of the Units, in like manner as a mortgage on real
property, In any such foreclosure the Unit owner shall be required to
pay a reasonable rental fee for the Unit, if so provided in the by-laws,
and the plaintiff in such foreclosure acUon shall be entitled to the
appointment of a receiver to collect the same. The manager or board of
directors of the association, acting on behalf of the owners of the
Units, shall have power, unless prohibited herein, to bid in the Unit at
foreclosure sale, and to acquire and hold, lease, mortgage, and convey
the same. Suit to recover a money judgment for unpaid common expenses
shall be maintainable without for;,closing or waivIng the lien sec<lring
the same.
11. 'Where the mortgagee of a first mortgage of record or
other purchaser of a Unit obtains a title to the Unit as a result of
foreclosure of the first mortgage, such acquirer of title, his successors
and assigns, shall not be liable for the share of the common expenses or
assessments by the AssocIation' chargeable to such Unit that became due
prior to the acquisitIon of such UnIt by such acquirer. Such unpaid
share of common expenses or assessments shall he deemed to be common
expenses collectible from owners of nll of the Units, includIng such
acquirer, his successors and assigns.
12. The respective Units shall not be rented by the o,mers
thereof for transient or hotel purposes, which are defined as (a) rental
for any period less than thirty (30) days; or (b) any rental if
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the oe~\J¡'ilnU; of the Pliit ill" \'Io\'ld,': C,I',t,>;l"r)' h<)t,,1 ,,('tVl¡-"". ,,"ch as
rO[)11 f;Clvice for foo 1 ;111,1 I'{,VI'I "í:(', ;-.,1Id ,.(',vicc, 1"u ¡(\¡-y :l1Irl 1 ill<'l1
"ervlc(?s, ";1(1 1¡o'1Iho'; 1;l'lvice. O!he'r th:m tl,(' fu({'¡;l)illg ol¡]i¡;;diul1'.,
tht' 0\IIIer5 of t~11' I(";i""th'o:' Unit" :,h:111 t.:Jve tlIi' al'fio]ut" ril;l:! to
l"ase S;¡¡"e provl(!('(1 t '<11 tLI' 1(,;;"" i,; Ie;]" ',lIbject to the ('(Wln.1nt" "'1'1
re,;trir.tiollo. (OIlt;\Ï111,,1 in :hi:; de'"larilt."n .IIHI f\llther ',lIhj"el to tI,e
l'y-Iaw5 al"\ r,,£"latoI'Y agn'(',;¡ent ..tl:..,¡",,\ I",rpto.
:;¡.:CTlON VII
The owneT:; "f Ch"]I'I" "ha\1 \", ohll¡;;lte.1 ..lId ¡",wfit",1 by all
covenant,;, n',;lricti"",; "I"] li!"i!;'li"",' '.('1 forth in S..ctionr; V "lId VI '",r{'of,
in"of;u a'; aPI,1 Icah1." '"",,'\'('r, any "'H'h o"'lwn; shall he a IIII'17,h('¡' of the
^5s\Jci..tlnn ',n ,'ly f,1 Illt' 1"'11""'" of p"rticlpatillg via the ,Iin'ctor';
;¡ntl mallc.geT of 'he' A",.,w¡atinn in ,h'!!'lIilininr. the 11'Itllrl' "nd f'xlent of
the m,1intl2n.1I1"" and il1\,I<'\'I 1',-'lIt "f tl... .Ihllt t1n[: Private !lrive and the
;15,;el,!>mcnt again,;t (';If'h Chi,]e'l ,,"'!II'! for a nllc'-thirty-sixth (1/3(,) part
of the co:;t,; ther"of; 11t'"vi,¡",! that Ch.dct OWi1l'1S lI\"y not he asse:;~j('cI
for any othcl ('011""°11 ":~I"'n:"'. 111,1...:" hy illl .'X(,t:llt"cI :1grl'el""lIt ,,'1th the
Ass"c!atlon. tl,,' OHIH'r of .\ CI,all,t ,-J"l't,; 10 participate in onl' or 1I10rc'
of the Cl"omOI1 ;¡¡I'!'lIil;,',; in 11,,-, Addilion and "gre'es to pay a pro rata or
s¡",cific dol1ar dlarc of tli,' :lltrihlltahh' ('ost thereof.
SFcno:> VlI 1
1. In the con\'l'Y;ll1ce of 11 Unit 01' a Chalet, the ¡jlantec ,;ha11 he
jcdnt Iy and ,;('v..r.",l1)' 1 i:1b1<' "ilh G¡:1nlor for all Ilnpaid "'S~,"S"'Le'nt5 by
the Assl'ciation Clgilinsl th', laUeI' for Id,; shiH'e of the common and
ch;ug£'ahle exp!'I1';"" "l' 10 Ii", th,e of tl,e ¡;ranl or convpyance. without
prl'jtlllire to ~ri'nte"",; ri¡;ht to r.'co\'cr from Grantor the ar::oIlIlIS paid by
gr;¡ntee thel'efor. Hc",'ever, all)' slleh grantee shall be entit1('d to a
statc",enl frnril the Ir.anager or hoClrd of dirpctors of tlie """oeiation. as
the ca,;e may be, set t ing fo: th tl-e atlOllnt of the unpaid a,;se,;sments
agilinst grantor to the ^,;,;oC'iation; and "uch grantee shall not be liable
for, or be ,-,ubject to a llen for, ::my unpaid asscsswpnls milde by the
Association against Gr:1ntor in excess of the amount therein :oct forth.
2. All agre£'rnents and deter~~nations lawfully made by the ~ssoci;¡tion
in accordance uith the voting percentages established in this declaration
or tne by-la',"", shall be d~er:,ed to be binding on all owners of Units and
Chalets. their succes"ors and assigns.
3. The board of directors of the Association or the manager
thereof, snaIl obtain and continue in effect blanket property insurance
in the form and amounts of not less th;¡n the amounts required by mortgagees
holding mortgages on the Units. The insurance shall insure the O"'I1ers
of Units and tne AEEociation at repl;¡c~~nt value, if available- of the
Uni ts. the improvem.,nts in the common areas, and the owner of any Chalet
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having a tenant in common right to use the improvements in the common
areas. Losses shall be payable to the Association and the mortgagees of
record, as their interests appear. The proceeds of an insured loss
, 'shall be received in trust by the Association and 'With the consent of
the mortgagees the same shall be promptly used to replace the damaged or
destroyed property to the extent possible by use of the available funds.
If an: overplus remains, the same shall be allocated 'among the owners of
the Units.
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4. Insurance premiums for any blanket insurance coverage shall be
a conunon expense to be paid by monthly assessments levied by the Association,
and such payments shall be held in a separate escruw, aççouDt of the
Association and used solely for the p~yment of the bíank~t property
insurance premiums as such premiums become due.
5. So long as Grantor, its successors and assigns, own one or
more of the Units or Chalets established and described 'herein, Grantor,
its successors and assigns, shall be subject to the provisions of this
Declaration.
SECTION IX
If in the course of future events the Association fails to maintain
the Conunon Areas i,n accordance with this Declaration and the By-Laws of
the Association and the public policy of the City of Salina, Kansas I
then the Board of ConunissiOTters of the City may order and direct maintenance
of the Conunon Areas in accord therewith and if the Association fails of
said maintenance, ,then the City may let a contract for the maintenance,
in accord with its policy and levy the costs thereof against the land in
said Addition in the ratio and manner provided for by this Declaration
and the By-Laws of the Association.
SECTION X
Other than the present owner,. pending its disposition of the Units,
no person, ,fir';, corpo~ation or other entity may own over two (2) Units
within Tract 7.
SECTION XI
The terms and conditions of the By-Laws of the Association are'
incorporated herein at length.
¡I
ated ()ctober I, 1981.
û11~-
'Jame D. Nelson
~~k( fL
Robert E. Pace
"tP1A!1l
Richard B. Nelson
¡~uJU)~
Charles W. Walker
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¡t;-4~f!:: ~~~
_-.ad1f~/¿¿'
Charles ¡laddIe
_L
:~'"" ;¡;; ;¡:~"
Jame D, Nelson, President
d/b/a Country Hills Partners
,STATE OF KANSAS, COUNTY OF SALINE, ss.
BE IT REMEMBERED, that on thIs 1st day of October, 1981, before me,
the undersigned, a notary public in aod for the county and state aforesaid,
came JAMES D. NELSON, RICHARD B. NELSON, ROBERT E, PACE, CHARLES ,!-
WALKER, JOHN R, BUSCHMAN, and CHARLES WADDLE, who are personally known
to me to be the same persons who executed the withIn instrument of
writIng and such persons duly acknowledged the executIon of the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal, the day and year liist above written.
1JtdM/Æ J~/kJ
No~fliC
STATE OF KANSAS, COUNTY OF SALINE, ss.
BE IT REMEMBERED, that on this 1st day of October, 1981, before me,
the undersigned, a notary pubHc in and for the county and state aforesaid,
came JAMES D, NELSON, President of NELSON & COMPANY, INCORPORATED, a
corporation duly or'gal1ized, incorporated and existing nnder snd by
virtne of the laws of Ksnsas, who is personslly known to me to be such
officer, and who' is personally known to me to be the same person who
executed, as such officer, the within Instrument of writing on behalf of
said corporation, and such person duly acknowledged the execution of the
same to be the act and deed of said' corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial se"al the day and year last above mentioned.
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ffi~rYV ubUc
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