3081 Prelim Upper Mill Heights
A1'PL!~mON ro~~}JMINARY PLAT
TO THY IlONORABLE BOARD OP CO>MISSIONERS,
OPSALINA,KANSAS
Geotl,.",
II"~ th, "'migsed, , pcop"'y mm" i, th, City of
',lise,X"""O,"mbyp""i,"",'h"o"bl'b"yf"
of '"' "moho' p,eli.i",y "bdiYi,i" pI".
UPPER mLL DEVELOPNEIIT CO"
P,O.B"1343,Soli",K,"",,
By,
~
.-
DECLA~:'\TIO:; OF nESl'RICno::S FOR
UPPER HILL HEIGHTS ,\DDlnm: ~O. 2
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K.'\O~~ ALL }ZN BY l1IESE PRESE:aS:
Upper tIill Developnent Co;:1pany, Inc" a Kansas corporation, herein-
after referred to as the "Subdivider", the o:.mer of all of the follOl-dng
described prcr1iscs:
Lots One (1) through 'l'.:elve (12), Upper :.lill
Heights Addition };o, 2, an Addition to the
City of Salina, Saline County, Kansas;
has established a general plan for the ic?rov~~ent and developnent of
such pre;:¡ises, and does hereby establish the covenants and restrictions
subject to which all lots shall be improved or conveyed by it as m>ner
thereof. All of these covenants and restrictio:1s arc for the benefit of
each Œ"ner of land in such subdivision, or any interest therein, and are
restrictive covenants running ~it~ the title to such lots, or any part
thereof, to-tdt:
1. Residence "A It" District.
through Eleven (11), inclusive,
Applicable to all of Lots One (1)
(a) No lot in the Residence "AA" Dis trict shall be useod for
other than single-facil"" residence purpose. Only one residence shall be
built on each lot.
(b) No one story residences shall be constructed on lots
with a fully enclosed first floor area of less than 1,800 square feet,
exclusive of garage and open porches. No one and one-half story, two-
story~ split-level or ~Jlti-Ievel residences shall be constructed ~ith
a fully enclosed living area, exclusive of garage and open porches, of
less than 2000 square feet.
2. Hultiple ]);.:elling "c" District. Applicable to Lot Twelve (12).
The use and devclop~nt of this district shall be pursuant to the coa~unity
unit plan and may be used for nultiple-fanily d~ellings. The covenants
and restrictions set forth herein are not imposed upon and shall not apply
to Lot Twelve (12), except for paragraphs 5, 9, 12, 13, and 18 through
22 herein.
3. Setback Lines. Xo building or any part thereof, including garages
and porches, sî1äll be erected on any lot closer tnan 30 feet to the front
street line, or closer than 20 reet to either side lot line, or closer
than 30 feet to the rear lot line; provided, ho~ever, that no such build-
ing or any part thereof, including garages and porcnes, shall be erected
on any lot fronting or siding on l"pper :.!i11 Heights Drive any closer than
40 feet to the Upper :lill Heights Drive righ~-of-way line. ~oD"ithstandin~
anything to the contrary herein, the Subdivider shall have the right to per-
mit reasonable codifications or the setback require~ents where in the dis-
cretion of the Subdivider strict enforce~ent of these setback provisions
would work a hardship.
4. Construction Re~~ire=ents. Each private d~e~ling house erected
upon any suc~.lot sh;ll-b~-ëõns~~cted of such =aterials as shall be ap-
proved by the Su~divider, with.either a hand split shake, cedar shingle,
slate or cission tile roof, or such ot~er ~terials as are approved by
the Subdivider. Xo w~ite or light-colored roofs shall be ?e~itted unless
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appro"."_! by the Subl~i'/¡d'cl'- ~-:o eva!,c'rativê! cooler or air conditioning
equir~ent shall be placed, installed or maintained on ~'e roof or vall
of any building or structure.
5, ~J~P2'oV':l.! ~- !'}..'l.I~s.' For the purpose of further insuring the de-
velD¡):"-'~l1t of the lands so pInt ted 3S an area of hi¡::h standards, the Sub-
dh'ider reserves the pO\:er to control the buildings, structures, and other
inproverJents placed on eGch lot, as t-Iell as to I!lako~ such exceptions to
these !~estricth'ns as the Subdivider sliall deen necessary and proper,
'.;nether or not prodsion therefor g specifically stated in any
convcyanc-~ of a lot ¡rode by the Subdivider, the O\mer or occupant of each
and every lot, by accepta~cc of title thereto or by taking possession
thereof, coven~nts and agree~ that no building, wall, structure, or other
iml'r<.>venê!nt sh.:;ll be placed u¡>on such lot unless and until the plans and
specifications therefor and plot plan have been approved in uriting by
the Su:,divider. Each such building, t-:all, structure or ic,provet.1ent shall
be placed on tIle prenises cnly in accordance ~:ith the plans and specifications
and plot plan so approved, Refusal of approval of plans and specifications
by the Su':>divider may be based on any ground, including purely aesthetic
grounds Hhich, in the sole ar.d \ulco::1trolled discretion of the Subdivider,
shall seem sufficient. ';0 alteration in the exterior appearance of the
buildings or structures shall be =de t-rithout like approv31. If the Subdivider
shall fail to approve or disapprove the plans and specifications vithin
thirty (30) days after t,lri tten request therefor, then such approval shall
not be required; provided that no building, structure or other improvement
shall be erected ~1ich violates any of the eov¿nants herein contained.
6, Occupa~. No private dwelling house erected upon any lot shall
be occupied in any aanncr while in the course of construction, nor at any
ti~e prior to its being fully conpleted, as herein required. Nor shall any
residence, when completed, be in any manner occupied until made to conply
with the approved plans, the requirenents herein, and all other covenants,
and restrictions set forth herein. All construction shall be completed
within six months fron the staët thereof; provided, that the Subdivider
may extend such tine when in its opinion conditio~s ~arrant such extension.
No teoporary house, teoporary dwelling, temporary garage, tenporary out-
buildJng, trailer ho~e, or other tewpGIary structure shall be placed or
erected upon any lot unless first approved in writing by the Subdivider.
Rental of any guest house is prohibited, the occupancy thereof being
limited to either guests or servants.
7. Garage. No garage or other outbuilding shall be placed, erected
or maintained upon any part of such premises except for use in connection
with a residence already co~structed or under construction at the time
that such garage or other outbuilding is pla~ed or erected upon the property.
Nothing herein shall be construed to prevent the incorporation and construc-
tion of a garage as a part of such residence. All residences shall have
garages capable of containing ~dO or more standard-sized autonobiles.
No carports shall be constructed on any lot.
8, Walls. Xo boundary wall shall be constructed with a height of
more than six (6) feet and no boundary line hedge or shrubbery shall be
perGlit ted t-:i th a height of core than six (6) feet. No ",all of any height
shall be constyucted on any lot until after ~he height, type, design and
approxinate location therefor shall have been approved in ",riting by the
Subdivider. The heights or elevations of any wall shall be ceasured fron
the existing elevations of the property at or along the applicable points
or lines. Any question as to such heights shall be det<"mined by the
Subdi vider.
9. Uti lit,' Lines an(! R¿;dio ECl:! T£,levision Antennas, All residences
in the "AA" Di-st;ci¿t-~ha-il be :'al~l~tric" ho:-les:-~ogas lines shall be
brou;ht into said distric: without the written consent of Subdivider. AI]
electrical servic¿ a:'.d tel.,?ho,,-e Jines shal: be placed und~rground and !'.o
outsid.:> lines shall be pJaced overhead. ~o exposed or exterior radio cr
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televi~i('ll tr;:'iL'::lssion Ol- l'cc<'lvin<.; ilnt('nnas shall be erected, placed or
l1Oa¡ntail1~d on ;:my part of such preni5(,s, but thi:> r<,strictiol1 may be llilived
by the ~u'='-E':,::"r. ),:1:: ~::,iv.:r of th;:>¡;:- rcstric~ion5 shall not constitute
a ~Diver as to other lots or lines or antenna,;.
10. Parkin". I'rovision shull be I:'<-Ide on each lot for sufficient
off-strectp¡ti:-k-ing for the occupants of each residence in the Residence
lOA-I>." District so that autor:obilcs IdB nol Iwbitu3l1y be parked on any
residential street in the subdivision.
11. Co::\r-.;:!rcial Vehicles. ~() boals, cami,ers, col'nercial vehicles,
constructi';;¡-or Jike----C-~;uil)t"';nt, r_:obil<, or stationary trailers or trucks
of any kind ,,11,,11 be perr1itlcd on an>' lot of the subdivision excert I~hile
parked in a co~,?letcly enclosed garage, nor parked on any residential
street in the subdivision excert Hhile engaged in transporting to or from
a reside1ce in ~he subdivision.
12, Native Grm-:th. The native gro-_-:th of an>' lot shall not be per-
mitted to-be destrôyed or re:':loved except as approved in luLling by the Sub-
divider. In the event such gro:-:th is rc;-"Jvcd, except as stated above, the
Subdivider may require the replanting or replaccr:oent of sane, the cost
thereof to be borne by the 10 t o.mer.
13. Fi1JiE.~ In ~nd !,-e"'ov~,z.. The elevation of a lot shall not be
changed so as to materially affect the surface elevation or grade of the
surrounding lots except as approved in Hri ling by the Subdivider. No
rock, gravel or clay shall be excavated or re~Jveå frc~ any property for
co~ercial purposes.
14. Clotheslines, Garbag_~ Cans, St~~- !'J)-~~.'::~ Tanks, No ele-
vated tanks of any kind shall be erected, placed or permitted on any part
of such premises. All clotheslines, garbage cans, e~u~pment, wood piles,
or storage piles shall be walleð in to conceal then fron the view of
neighboring lots, roads or streets. Plans for all enclosures of this
nature ~ust be approved by the Subdivider prior to construction.
15. ~ns. Xo billboards or advertising signs of any character shall
be er~cted, placed, pernitted or naintained on any lot, or iDprovenent thereon,
except as herein expressly pernitted. Å naDe and address sign, the design
of which shall bc approved by the Subdivider, shall be permitted. No other
sign of any kind or design shall be allo~ed. The provisions of this para-
graph may be ~aived by the Subdivider, only when in its discretion the same
is necessary to proDote the sale of property in, and the developnent of, the
subdivision area. Xothing herein shall be construed to prevent the Sub-
divider froD erecting, placing, or maintaining sign structures and offices
as may be dee!:ed n-~cessary by it for the operation of the subdivision.
16. Letter BO:'ŒS and Yar<! Lights. The Subdivider shall approve the
location, color, size, design, lettering and all other particulars of all
mail or paper delivery boxes, and standards and brackets and nane signs
for such boxes, and all front yard lights, in order that the area be strictly
uniforn in appei1ran.:e ,-:ith resp.:!ct thereto. Each lot o:-:ner shall provide
and maintain frc~t yard lights according to the general plan of the Subdivider
for the li~1ting of the subdivision.
17. S~ië~~ Poo~. The Subdivider sh~ll approve the location, size,
and design of all s~iL~ing pools. S~iL,ing pools shall not be nearer than
tventy (20) feet to any lot line, shall not project vith their coping more
than t~o (2) feet above the established grade, nor be covered by any inflat-
able or ot~er te=?orary ty?¿ covering .hich proje~ts ~ore than t~o (2) feet
above such g,'".:e,
18. Pets, ::0 anir_als, birds or fo:-,l shal 1 be kept on any part of this
prop(;I'ty, e:-:cept doss, cats, birds and iwrDal household variety pets ~hich
",ay be kept i:: rcasonaèJ Ie nu::-,o.:!rs [Dr the pleasure and use of the occupants,
but not for cc==~rcial u~e or purpose, Birds shall be confined in cages.
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19. ""is,"nccC:. :;0 lot ",hall be u,;ed in \11101(' or in part foJ: the
stor¡,¡:.~ l'[hl~tJ-b.b-i-;f1- of aay ch~'ract('r \:hatsocver, \lor fur the storage of any
pro.',. ny "l tiÜHC t;L'~ \', ¡ 11 Lollise such lot to api"'ül. in an un.:lean or untid>'
co.ditic; or t¡'~t ,:ill bi: c:mo:d"tE to the eye; nor shall 31\Y substaaces,
thinz, Oi' L'J.ter i~l be kept upon any lot thüt 'Ii 11 ci~i l foul or obnoxious odors,
or that ~:ill C<luse ""y noÜ;e that l<ill or night disturb the peace, quiet, con-
fort, or serenity of the occupDnts of surrounding properly.
No \~eeds. underbrush, or other unsightly gro~:ths shall be peroitted
to grm: or r,:,nain u;:>on the pre:1is<ès, t>nd no refuse pile or unsightly objects
shall be allO\:ed to be placed or rcoain anYl-lhcrc th<>rcon. In the event that
any o'.mer of <lilY prop"....ty in the subdivision shall fail or refuse to keep
such prerJÏs.:s free fron \.:eeds, underbrush, refuse piles, or other unsightly
gro.,,/ths 0. objectc., ';1cn the Subdivider L"'>' enter upon such lands and reMove
the sar;:~ at the c;q,e"se of the OHner. Such cntry by the Subdivider shall
not be dee:èed a tresp;:>ss and, in the event of such a removal, a lien shall
arise and be creõ:.tc;! in favor of the Subdivider and against such lot for
the full ar'-Ollnt chargeable to such lot and such amount shall be due and pay-
able within thirty (30) days after the o:mer is billed therefor.
20. NininJi;.' No derrick or other structure designed for use in boring
for oil "or natural gas shall be erected, placed, or permitted upon any part
of such preoises, nor shall any oil, natural gas, petroleu;n, asphaltum or
hydrocarbon products or rn.inerals of aGY kind be produced or extracted there-
from.
21. Division of Lots.
by the Su1>òivider. _.-
~o lot shall be resubdivided except as approved
22. Duration.q£ ~estri5ti~~. All of the foregoing covenants, condi-
tions, reservations and restrictions shall continue and renain in full force
and effect at all tines as against the O'.mer of any lot in such prei11ises, re-
gardless of how he ac~uired title, until the co~~encement of the calendar year
1995, on "hich date these covenants Dnd restrictions shall tercinate ar.d end,
and thereafter be of no further legal or equitable effect on such premises
or any OI-mer thereof; provided, ho......ever, that these covenants and restric-
tions shall be autonatically extended for a period of ten years, and there-
after in successive ten-year periods, unless on or before the end of oae of
such extension periods or the base period the owners of a n~jority of the
lots in the subdivision shall by written instrunefit duly recorded declare
a termination of the sane. In the event any of the provisions in this Decla-
ration of Restrictions are declared voi4 by a court of coDpetent jurisdiction
by reason of any period of tiEe herein stated for which the saree shall be
effective, then in that event su~h tern or terns shall be reduced to a period
of time \-:hich sh::dl not violate the la:.:s of the State of Kansas.
23. Reccdies for Violations - Invalid"tions, For a violation or a
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breach of any of these Re:;tric~ions by any person clair.;ing by, through,
or under the Subdivid¡;r, or by virtue of any judici<!l proceedings, the
Subdivider, and the lot o::ners, or any of the~1 several1y, shall have the
right to proceed at la-.,. or in equi ty to co:"'"" 1 a ccI1?liance I.:i tIl the terE5
hereof or to prevent the violation or breach of any of then. In addition to
the foregoing rieht, the Su!.>divi¿er shall ha~.e the right, \:henever there shall
have been built on any lot any structure ,:hich is in violation of these re-
strictions, [:0 enh-r u?on the pro;>erty Io:here su~h violation of tl,ese Re~erva-
tions and Restrictio~s e~ist~ and s~~~~rilv abate or reeDve the sa~e at the ex-
pense 01 the c~~er, and any such entry and" ab<!te~efit or re~oval shall not be
dee~ed a trespass. The failure prv=?tly to enfoëce any of the Reser7ations
and Restrictions sh<!l! not ba~ their enforce=ent. The invalidation of any
one or ~~re of the Restrictions by any court of co=;>ctpnt jurisdiction shall
in no vay affect a~y ~f ~,e oth~r Restrictions, and they sha]l recain in
full force a~~ effect.
Shoulè the c::::er fail, n.:cglect or refusc, to £atisfy and dischargë
any lien arisin:.: hcre¡;n.-;.:'r ,.:ithin Ü.irty (3f)) days, t1-:(' Su:,:!ivider, its
5u~;:ess:>r" ::;n;! ¿5S1Z:1S, ,0:1:>11 h~.:C? t~le r:?ht to i~tc're"t on such liens at
the L,te ¡)f ci;:ht ?,-:- c.~~t (3';) ~'er aDDU:" an::! sh¿] 1 b<:> enti tIed to receive
a1] eos~s o! coll~c:fon, incl'.!jl~~ a r~aso~able 3ttor~:y's f~c.
AP~'L::L'I :.: I
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.
By'
COUYTT
STATE or
Dr
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PLAN"LH<;
PO. BOX ~U
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SAUNA. KANSAS 07<101
6al "'A'." C«,'W,IJ-L'¡--.' AVLI':UF
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01" 027,0<13:'
30 Octc1>cr 1969
tIpper }1U1 Deve10?l'1ent Co¡;¡pany, Inc.
P. O. Bo;;; l3f,3
Salina, Kansas 67401
Re:
Water and S".:(' l' Utilities
Upper }!ill Heights Add. No.2
WCEA File 69-122
Gent1er..en:
We have revi~;ed the requirements for water and sanitary sewer utilities
serving the proposed Upper Mill Heigh~s Add. ~o. 2. We offer the following
review änd COThuents.
Water~££!y. NorTIlal extension of the existing municipal water distribution
system is required. Normal static pressure will range from 50 to 55 psi at
Lot I to 65 to 70 psi at Lot 7. It is recoæillended that at least S-inch
diameter mains be extended into and through the area. It is observed in
areas including large estate type lots that the lawn watering dc~w~d i~poses
a greater than norBal flu~ requirement on the water supply system. It is
further recOI:mended that the original construction include a connection to
an existing 6-inch nain in Crawford Street. A connection from lpper Mill
Heights Drive to tlle main in Starlight Drive should be constructed as soon
as the No:~ery property is platted or an easen:ent is obtained.
Sanitary Sewers. Extension of sanitary sewers fro~ adjacent developed areas
is not feasible. Existing sewer lines to the east and north are at eleva-
tions too great to sel~ice the new subdivision. Existing sewers to the west,
across the Src.oky Hill River, have sufficiently luo'l enough elevation but it is
not considered practicable to construct a siphon across the river and extend
the sewer the distance involved and through the existing flood protection
dike. A sewage puDping station is required in order that adequate sanitary
sewer service may be provided to the proVosed subdivision. The puillping sta-
tion would also provide future service to the undeveloped M~,ery property
and to an area south of Crawford Street. Consideration should be given to
either relocating or re~oving existing Sewage Puaping Station No. 19 which
is presently located at Starlight Drive and Ridgelea Drive. This action
could be taken as soon as the ~~,ery property is platted or an ease~ent can
be obtained. If Station Xo. 19 is removed, the new sewage puDping station
APPEXOIX II
SAUNA- KA"""A"'- .
ALoUourROUE. NEVI' MEX'CC> .
ATLANTA. GEc>nG,A
""'CHITA. KA"'SAS .
.3ø"
.-...
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Upp"r ~all lJevelop:n'"nt eoq"V1Y, Inc.
30 October 1969
Par-" 2
in the 10'..'<'r areaf¡ of the prc'posed Upper :-111.1 Heights Add. No.2 ,.."Quld then
ahw serve the area presently selved in Rolling Hills Additions by Station
r;o. 1.9. It is reco:c,,:enò,'d that the dischar¡;(> of the ne'{ se,~age punping
station be into the exist!.";; IS-inch SCHer force t'.ain located in Crm-;ford
Str"et.
WILSO~ & eO:-T ,'.:~y
I I
-'/..":"0' ,.l,
Robert E. Cra"Iford
-go
WILS 0 N
£ CO"p""y
(-"",,$ .
, AU.""'"
S^U"". K~,'"G""'~ .
"JOC'" TA. KANS.'-S .
ALRc'OUEROUE NE'"J MEXICO'
ATLANTA. GEORGIA
Joll