3371 Prelim Shady Grove Acres
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PE'fI T ION NmlBER --P ,:!.~<' 'it
Da te Fi led_..1J"L -'<-~~--_.
Salina, Kansas 'II"I/I/(J?}'
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TO TilE IIONORAIILE BOARI) OF CO~lmSSIONERS OF TilE CITY OF SALINE, KANSAS
co~lm SS lONERS:
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. I, the undersigned, Attorney for the i)orm,11I and Bowen Cattle
Comp3ny;'do hereb>' petition your honorable body for the
Approval of the Preliminary Plat filed herewith
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Trusting that the prayers of the petitioners
I am respectfully, .
1'1 LED B):L£/;;:;~/tÇ;71y~;7.'/«'äJ
Kenneth Ii. Wasserman, Attorney for
Dor~an and Bowen Cattle Company
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liill be granted,
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UECLARATION OF IŒSTlUCTIONS
OF SIIM>Y GROVE ACRES
SUBDIVISION I~ SALINJ: COUNTY, KANSAS.
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h'lIEREAS, the undersigned, JHH-IlE L. UOR/IAN and WILLIAN lL
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BOWEN, doing business as DORMAN AND BOWEN CATTLE COMPANY, a
partnership, hereinafter referred to as "OWNERS", are thè OWNERS
of certain real property hereinafter referred to as "THE LAND",
lying and situatc in Saline County, Kansas, more particularly'
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described as follows, to-wit:
The North SixtY-TwO (N62) acres of the West lIal£
(W~) of the Northwest Quarter (NW~)of Section ,.
Thirtcqn (13) in Township Thirteen (13) South,
Range Three (3~ West of the 6th Principal Meridian.
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~IEREAS, OWNERS are now subdividing and planning to restrict
the use of' TIlE LAND.
TIIEREFORE, the use of TilE LAND, aforesaid, is hereby restricted
as follows, to-wit:
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That the tracts i~to which TIlE LAND !s subdivided shall not
be givçp away, sold, leased, rented, conveyed¡ or in anyway alienated
unto any person or entity, except subject to ,the terQS and conditions
of these restrictions.
11
That the tracts into which THE LAND is subdivided shall be
used for resident~al purposes only.
One detached single-family
dwelling not to exceed two and one half stories in ~eight shall be
permitted on each tract.
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A garage solely for the purpose of the storage of not nore than
,three (3) motor vehicles Qay be constp..Icted as an auxiliary to, or
attached to any existing residential unit for the reside~tial or pri-
Vate use of the owner thereof.
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IV
Tllot all structures in said addition sholl be of the design
and type conducive to the creation of an attractive residential
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developnent and harmonious atmosphere.
No dwelling or other struc-
tures shall be placed on any parcel of land until construction plans
and specifications and a plan showing the location of the structure
Ilave been approved by OWNERS or their designated representatives.
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the event of death of either OWNER, the renaining party shall have
full authority to designate a successor.
When a house has bee~ con-
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structed on each parcel of land, these OWNERS will cease to exist in
this capacit>'.
Neither OWNER nor his designated represen~ative shall
be entitled to any compensation for any services performed pursuant
to this covenant.
In the event of the inability or failure of the
said OWNERS, or the survivors of them, or their designated repre-
sentative, to act negatively or affirnatively in the approval or
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rejection of the plans within thirty (30) days fron the date on which
t~ey receive them, thereupon; such plans and specifications
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tlusl be approved by a majority of the ~Ietropolitan Planning Commission
or its successor.
In the event the Netropolitan Planning Conmission,
or its successor, acts in-lieu of the OWNERS, or the,survivor of
them, that act shall be conclusive of the fact that said OWNERS, or
the survivors of thc~, were unable or tailed to act.
-v
Tile following minimum build~ng sites, ground floor areas
and setbacks are h~reby required:
(a)
a rnininun front setback of SO feet from the front line
of any such tract;
(b)
a mininun side yard of ~~ feet on internal tr<\cts
and a minimum of l.5.. feet on cornèr tracts;
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a ninimum floor area of. single family dwelling,
(c)
designed for two bedroon use, of 900 square feet; a'nd
those designed fOT three bedroom use, of 1,000 square
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feet.
In the event of the construction of a two-story
dwelling, not less than 800 square feet shall be included
in the living area of the first floor.
(d)
the minimum areas, aforesaid, shall be'computed by
excluding the area of ihe garage, the basement, porches,
patios, or other developed areas that arc not confined
within the continuous walls of the dwelling structure.
II
VI
No trailer, tellt, shack, manufactured home or temporary stuc-
ture of any nature shall be constructed, erected, u~ed, placed or
installed for use as a residence or any other purpose on any of
TilE LAND, except that a barn may be constructed on anyone of said
tracts solely for the purpose of providing shelter for horses,
ponies or cattle owned by the owner of any of said tracts. Any barn
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so.constructed shall not exceed one story in height, including a
loft, and shall be subject to Rèstriction No. IV above with respect
tn approval by OWNERS.
VII
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No commercial or industrial activity and no noxious or
'offensive trade shall b~ cariied on or permitted to be carried
on in the confines of TilE LAND.
No commercial activity in the
livestock, pe~ or poultry business shalI,be carried on on any of
said land and no anj~als or livestock of any kind sh~ll be bred
or kept oh any parcel, except dogs, cats or other household pets
may be kept, provided that they are are not kept, bred or maintained
for any commercial purpos~ as 'aforesaid.
The only exception is
that saddle hoi~es, ponies and cattle (not to exceed a totkl of 4
f.
in number) can be kept for the sole use and enjoyment of the o~ner
of any of said tracts.
VIII
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No tract shall be used or maintained as a dumping grpund for
rubbish, trash., garbage or other waste, material.
Trash, garbag~,
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or other waste shall be kept in sanitary containers and timely
removed frO~1 TIlE LAND.
All incinerators or other equipment for
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storage or disposal of such materials shall be ~ept in a clean and
sanitary condition.
IX
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Any additions to an existing structure shall be in harmon)'
with the materials apd appearance of the then existing ~tructure,
and shall be in compliance with ~he restrictions and conditions
se~ forth in paragraph IV hereof, requiring prior approval of
OWNERS or their designated representative.
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It is the intent of the OWNERS to presprve the aesthetic:
beauty of the land and no trees which add to this aesthetic beauty
may be removed without first obtaining the consen~ of the OWNERS.
In the event of the inability or failure of the OWNERS, or the
survivor of thea, to act riegatively or affirmatively with respect
tQ authorizing the removal of the said trees, within thirty (30)
days after such request is made, such removal must be approved by
a majority of the owners of the individual tracts.
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~ll dwelling houses under construction shall be completed in
coapliance with the plans and specifications within one year from
the date of the comaencement of construction.
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XII
Easements for installation and maintenance of public utilities,
sewer lines, television lines, gas lines, water lines, and; drainage !
facilities arc reserved for a distance of ~ on either side' of"
the interior lot lines, for a distance of ~ over the rear of each
tract 'and for a distance of ~ on ei ther side of the road right-of-
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way, as sholin on the recorded plat.
Within these easeaents no struc-
ture, planting or other Material shall be placed or permi~ted to remain
which aay damage or interfere with the installation and aaintenànce
of public utilities, sewer lines, television lines, gas lines, water
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lines and drainage facilities, or which may change the direction of
flow of drainage c\HlnnelS on
the casements, or which may obstruct
or retard the flow of I,ater through drainage chanuels on the casements.
The casement area of each tract and all improvements in it shall be
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maintained continuously by the owner of said tract, except for those
improvements for which a public authority or utility company is
responsible.
Xlli
No sign of any kind shall,be displayed to the public view on
any tract except one professional sign not more than one sq~~re foot,
one sign not more than five square feet, advertising the property for
sale or rent, or signs used by builders to advertise the property
during its construction and sales period.
XIV
No oil drilling, oil development operations, oil refining,
quarrying or ~ining operations of any kind shall be permitted upon
any tract, nor shall oil wells, tanks, tunnels, mineral excavations
or shafts be permitted upon any tract.
No derrick or other struc-
ture designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any tract.
XV
No planting, structures or other materials shall be placed or
permitted to remain or other activities undertaken which may damage
or interfere with es'tablished slope ratios, create erosion or sliding
problems, or which may change the direction of flo~ of drainage
channels or streams or obstruct or retard the flow of water through
~rainage channels or streams.
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XVI
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~o structure shall be placed nor shall any ~a~erial'or refuse
be,placed or stored on any tract wit~intwenty (20) feet of the
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edge of any open water course, except that clean fill may be
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placed near~T provided that the-natural water course is not altered
;: or blocked by such fill.
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XVII
No tract hcrcin, shall bc rcsubdividcd into building lots
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othcr than tl,osc shown 011 thc rccordcd plat hcrctoforc rcfcrrcd to,
nor shall any building bc crcctcd on any rcsidcntial building tract
othcr than'~hown o~ said plat.
XVIII
All fcnccs othcr than thosc around patios or swimming pools on
said tracts shall be constructed of barb wirc, wood, or mctal chain
link and such construction shall bc subject to Restriction No. ,IV
with respect to approval by OWNERS.
XIX
Watcr shall be providcd by the drilling of individual wells
on cach tract and in the event any onc of said tracts is found to
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bc without an ad~quate watcr supply, OWNERS reserve thc right to
drili and locatc a well and pipclinc from such wcll, and any and
all wires, cables and othcr materials necessary and appropriate on
and across any othcr such tract or tracts for thc purposc of pro-
viding and conveying 'water to any of said tracts w~ich do not have
an adequate water supply.
XX
These covcnants are to run with the land and shall be binding
on all parties and all persons foT a period of twenty-five (25) years
from the date these covenants áre recorded, at which time said cove-
nents shall be automatically extended for successive periods of ten
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(10) years unless an instruQcnt signed by the then owners of the
tracts has been recorded, agreeing to change these covena~ts in
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whole or in part.
XXI
Enforccment of these restrictions shall be by proceedings at
law or in equity against any person or persons violating or ~ttempt-
ing to violate any covenant:'either to restrain violation 'or to
recover damages.
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XXIi
Invalidation of anyone of these covenants by judgment or cour~
order shall in no wise affect ,any of the other provisions, all of
which shall remain in full force and effect.
XXIIi
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Anyone or all of these restrictions may be altered or amended
upon the approval of a m~jority of the then owners of the indi~idual
tracts.
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