THIRD AMENDED AND RESTATED
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS THAT
WHEREAS FOUR SEASONS LAKESITES, INC., hereinafter known as the Declarant, is the Developer of certain lands situated in
the County of Camden, State of Missouri, and known as Kay’s Point Subdivision
Nos. 1 through 8; Cornett Cove Subdivision Nos. 1 through 7; Country Club
Estates Subdivision Nos. 1 through 3; Ridgecrest Subdivision; Imperial Point
Subdivision; Equestrian Estates Subdivision Nos. 1 and 2; Palisades Point
Subdivision Nos. 1 through 5; Seasons Ridge Subdivision; Regency Cove
Subdivision; Grand Point Subdivision; and Grand Point No. 2 Subdivision; and
WHEREAS, the plats of said subdivisions
were recorded in the Office of the Clerk of the Circuit Court, as ex officio
Recorder of Camden County, Missouri, on the 4th day of September, 1969, in Book
12, at page 57; on the 22nd day of September, 1970, in Book 13, at page 41; on
the 30th day of June, 1971, in Book 13, at page 80 and 82; on the 30th day of
June, 1971, in Book 13, at page 83 and 86; on the 17th day of April, 1972, in
Book 14, at page 34; on the 1st day of June, 1972, in Book 14, at page 35; on
the 9th day of June, 1972, in Book 14, at page 48; on the 30th day of August,
1972, in Book 14, at page 68; on the 8th day of February, 1973, in Book 14, at
page 92; on the 8th day of February, 1973, in Book 14, at page 93; on the 26th
day of November, 1973, in Book 15, at page 77; on the 26th day of November,
1973, in Book 15, at page 79; on the 26th day of November, 1973, in Book 15, at
page 81; on the 13th day of July, 1976, in Book 17, at page 22; on the 13th day
of July. 1976, in Book 17, at page 23; on the 13th day of July, 1976, in Book
17, at page 24; on the 13th day of July, 1976, in Book 17, at page 25; on the
13th day of July, 1976, in Book 17, at page 26; on the 1st day of June, 1978,
in Book 18, at page 76; on the 1st day of June, 1978, in Book 18, at page 77;
on the 10th day of May, 1979, in Book 19, at page 42; on the 8th day of April,
1980, in Book 20, at page 18; on the 15th day of May, 1981, in Book 21, at page
9; on the 10th day of September, 1981, in Book 21, at page 30; on the 28th day
of April, 1983, in Book 22, at page 55A; on the 20th day of March, 1984, in
Book 24, at page 13A; on the 10th day of February, 1988, in Book 24, at page
28A; on the 30th day of November, 1990, in Book 40, at page 29A; on the 11th
day of October, 1991, in Book 42, at page 34A; on the 16th day of April, 1993,
in Book 45, at page 32A; and on the 13th day of January, 1995, in Book 51, at
page 9A.
WHEREAS, the Declarant
filed in connection therewith, a certain Declaration of Restrictive Covenants
executed on the 2nd day of December, 1969, and recorded on the 4th day of
September 1969, in Book 155, at page 345 in the records of
1
[includes
amendments up to July 9. 1998]
Declaration by an instrument dated the
10th day of March, 1971, and recorded in Book 162, at page 780; by an
instrument dated the 21st day of June, 1972, and recorded in Book 168, at page
668; by an instrument dated the 31st day of May, 1972, and recorded in Book
168, at page 451; by an instrument dated the 3rd day of August, 1973, and
recorded in Book 175, at page 534; by an instrument dated the 15th day of
August, 1973, and recorded in Book 175, at page 756; by an instrument dated the
23rd day of November, 1973, recorded in Book 177, at page 513; by an instrument
dated the 30th day of May, 1975, and recorded in Book 185, at page 252; by an
instrument dated the 30th day of May, 1975, and recorded in Book 185, at page
253; by an instrument dated the 24th day of September, 1975, and recorded in
Book 187, at page 430; by an instrument dated the 25th day of May, 1978, and
recorded in Book 206, at page 428; by an instrument dated the 26th day of
August, 1980, and recorded in Book 225, at page 106; by an instrument dated the
18th day of March, 1981, and recorded in Book 228, at page 026; by an
instrument dated the 15th day of August, 1981, and recorded in Book 231, at
page 510; by an instrument dated the 23rd day of November, 1981, and recorded
in Book 233, at page 702; by an instrument dated the 22nd day of August, 1984,
and recorded in Book 261, at page 941; by an instrument dated the 23rd day of
June, 1986, and recorded in Book 287, at page 565; by an instrument dated the
14th day of May, 1987, and recorded in Book 300, at page 155; by an instrument
dated the 14th day of May, 1987, and recorded in Book 300, at page 185; by an
instrument dated the 9th day of February, 1987, and recorded in Book 308, a
page 269; by an instrument dated the 9th day of February, 1988, and recorded in
Book 308, page 269; by an instrument dated the 30th day of April, 1988, and
recorded in Book 311, at page 74 and 185; by an instrument dated the 7th day of
June, 1988, and recorded in Book 312, at page 352; by an instrument dated the
13th day of May, 1989, and recorded in Book 325, at page 820; by an instrument
dated the 6th day of November, 1989, and recorded in Book 332, at page 789; by
an instrument dated the 1st day of June, 1990, and recorded in Book 340, at
page 733 and 734; by an instrument dated the 15th day of November, 1991, and
recorded in Book 358, at page 268; and
WHEREAS, by an instrument dated the
21st day of June, 1972, and recorded in Book 168, at page 668, the Developer
may amend said Declaration of Restrictive Covenants at any time until such time
as all lots in the Development have been sold, and
WHEREAS all lots in the development
have not been sold, and
WHEREAS, the Developer desires to
further amend said Declaration of Restrictive Covenants and to restate said
Declaration so that all portions thereof to date appear in one (1) document.
NOW, THEREFORE, be it known that Four
Seasons Lakesites, Inc., the Developer of the above-mentioned lands, amends
said Declaration of Restrictive Covenants as follows; and rescinds all prior
instruments mentioned above inconsistent with the following Third Amended and
Restated Declaration of Restrictive Covenants, to wit:
I.
I. STATEMENT OF PURPOSE: The
Developer declares that all of the lots within the Development are held and
shall be held, conveyed, hypothecated or encumbered, leased, rented, used,
occupied and improved, subject to the provisions of this Declaration, all of
which are declared and agreed to be in furtherance of a plan for the
Development, improvement and sale of lots and are established and agreed upon
for the purpose of enhancing and protecting the value, desirability and
attractiveness thereof. The provisions, of this Declaration are intended to
create mutual equitable servitudes upon each of said lots and in favor of each
and all other lots; to create reciprocal rights between the respective Owners
of all such lots and parcels; to create a privity of
contract and estate between the grantees of such lots, their heirs, successors
and assigns; and shall, as to the Owner of each such lot, his heirs, successors
and assigns, operate as covenants running with the land for the benefit of each
and all other such lots and parcels in the Development and their respective
Owners, present and future. The Developer specifically reserves unto itself the
right and privilege prior to the sale by it of any particular lot or parcel of
land within the Development to designate any such lot or parcel of land as
being commercial in character or for some use or purpose other than single
family residential; and, where necessary to apply to the appropriate
governmental bodies for such zoning classification or authority.
II.
DEFINITIONS: The following terms as used in this Declaration are
defined as follows:
A.
“Articles” means the Articles of Incorporation of the Association.
B.
“Associations” means the Four Seasons Lakesites Property Owners Association,
Inc.
C.
“Board” means the Board of Directors of the Association.
D.
“By-Laws” means the By-Laws of the Association.
E.
“ACC” means the Architectural
Control Committee of the Association.
F.
“Common Area” means all of the real
property designated as Common Area, Community Area, or C/A in the Plats,
Declaration or other recorded instruments; all real property which may be later
annexed to the Development as common area; all real property acquired by the Association,
whether from the Developer or otherwise, together in each instance with all
improvements which may be at any time constructed thereon, including, but not
limited to, recreational and community facilities, parks and other amenities.
G.
“Declaration” means this Third Amended and Restated Declaration of Restrictive
Covenants and any amendments made hereafter.
H.
“Developer” or “Declarant” means Four Seasons
Lakesites, Inc. and its successors or assigns.
J.
“Improvements” means all buildings, outbuildings, roads, driveways, parking
areas, fences, retaining and other walls, docks, piers, hedges, poles, antennae
and any other structures of any type or kind.
K.
“
L.
“Multiple Family Dwelling” means a residential
dwelling containing two (2) or more living units.
M.
“Owner” means:
1. any person
or legal entity, including the Developer, who holds fee simple title to any
lot.
2. any person or legal entity who has
contracted to purchase fee simple title to a lot pursuant to a written
agreement, in which case the Seller under said agreement shall cease to be the
Owner while said agreement is in effect.
N.
“Plat” means the maps of the Development as they are from time to time
recorded.
0.
“Single Family Dwelling” means a residential dwelling for one (1) or more
persons, each related to the other by blood, marriage or legal adoption, or a
group of not more than three (3) adults not so related, together with his or
their domestic servants, maintaining a common household in such dwelling.
P.
“Supplemental Declaration” means the recorded Supplemental Declaration by the
Developer designating any additional parcels of real estate which are hereafter
made subject to this Declaration.
III. LAND USE: Lots in the Development
shall be designated herein, or in a Supplemental Declaration, as to their
permissible uses and shall thereupon become subject to the restrictive or other
provisions of this Declaration relating to such uses. In the event a use is
designated for which no such provisions are contained herein, e.g., commercial,
governmental, school, etc., the same may be set forth in a Supplemental Declaration.
A.
Single Family Residential:
Only single family dwellings and such outbuildings as are usually accessory thereto shall be permitted on any lot designated
as single family residential. Unless specifically stated herein, or in a Supplemental
Declaration, all lots shall be designated as single family residential.
B.
Multiple Family Residential: Only multiple family or single family
dwellings and such outbuildings as are usually accessory thereto shall be
permitted on any lot designated as multiple family residential. Lots may be
designated multiple family residential on a plat or plats by amendment of these
Restrictive Covenants, or by a Supplemental Declaration.
The following lots have been designated
multiple family by amendment of these Restrictive Covenants, or by a
Supplemental Declaration: Cornett Cove Subdivision No. 3, Lot Nos. 579, 580,
585, 599, 608 through 613, inclusive, 632 through 634, inclusive, 643, 647,
648, 656 and 661; Cornett Cove Subdivision No. 4, Lot Nos. 785 through 935,
inclusive; Country Club Estates Subdivision No. 2, Lot Nos. 78, 79 and 89
through 97, inclusive; and Kay’s Point Subdivision No. 8, Lot No. 167.
Lots 1 through 76 of Country Club
Estates 1; Lots 77 and 80 through 88 of Country Club Estates 2; and Lots 98
through 134 of Country Club Estates 2 have formerly been designated
multi-family, but are hereby re-designated as single-family, not withstanding
anything to the contrary in Article III (C) (1), Lots 98 through 134 of Country
Club Estates 2 shall have a minimum amount of fully enclosed floor area, as
defined in said Article III (C) (1) of one thousand, two hundred (1200) square
feet, except that the Architectural Committee may in its sole discretion
increase the minimum amount of fully enclosed floor area up to any amount not
exceeding one thousand four hundred (1400) square feet.
Lot Nos. 581 through 584, inclusive;
586 through 598, inclusive; 600 through 607, inclusive; 614 through 631,
inclusive; 635 through 642, inclusive; 644 through 646, inclusive; 649 through
655, inclusive; 657 through 660, inclusive; and 662 through 664, inclusive, of
Cornett Cove Subdivision No 3, have formerly been designated as multiple family
residential, but are hereby redesignated as single
family residential, and, not withstanding anything to the contrary in Article
III C.l., shall have a minimum amount of fully
enclosed floor area, as defined in said Article III C.l.,
of eight hundred forty (840) square feet, except that the ACC may, in its sole
discretion, increase the minimum amount of fully enclosed floor area up to any
amount not exceeding one thousand four hundred (1,400) square feet.
C.
Minimum Standards.
1.
Minimum Area of Single Family Dwellings. Minimum amount of fully
enclosed floor area devoted to living purposes on the ground or first floor of
single family dwellings (exclusive of porch areas, garages, patios, terraces
and unfinished basements) shall be as follows:
a.
For lots with the letter designation “A” on the plat or plats, one thousand two
hundred (1,200) square feet.
b.
For lots with the letter designation “B” on the plat or plats, one thousand
twenty (1,020) square feet.
c.
For lots with the letter designation “C” on the plat or plats, eight hundred
forty (840) square feet.
d.
For lots with the letter designation “D” on the plat or plats, six hundred
eighty (680) square feet.
e.
For lots with the letter designation “E” on the plat or plats, or with no
letter designation, as determined by the ACC.
f.
Notwithstanding the above, for lots in Country Club Estates Subdivision No. 1,
Lot Nos. 1 through 76, inclusive, and for lots in Country Club Estates
Subdivision No. 2,
2.
Minimum Area of Multiple Family Dwellings. Minimum amount of fully
enclosed floor area devoted to living purposes in each unit in a multiple
family dwelling shall be six hundred (600) square feet (exclusive of porch areas,
garages, patios, terraces and unfinished basements), except in Country Club
Estates Subdivision No. 1, Lots 1 through 76, in Country Club Estates No. 2. Lots 78. 79 and 89 through 97, inclusive
wherein the minimum shall be five hundred fifty (550) square feet.
3.
Setbacks. Minimum setbacks for all dwellings, single family or
multiple family, shall be as follows:
a.
Front lot lines: Thirty (30) feet from the front lot line.
b.
Rear lot lines: Fifty (50) feet from the rear lot line (Provided that the ACC
may make exceptions for any lot whose rear lot line is adjacent to a golf
course, and may allow a lessor setback).
c.
Side lot lines: Ten (10) feet from the side lot line (provided that the side
lot line setback shall be fifteen (15) feet in Country Club Estates Subdivision
No. 1, Lot Nos. 1 through 76, inclusive, and Country Club Estates Subdivision
No. 2, Lot Nos. 77 through 97, inclusive).
d.
From the shoreline of the Lake of the Ozarks, using as such shoreline the 662
contour elevation thereof, fifty (50) feet; provided, however, that on any lake
front lot there may be constructed and maintained, at or adjacent to such
shoreline, a boat shelter, pier or dock in respect to size, design,
construction or placement of which the ACC has approved; and provided further,
that in subdivisions located on Shawnee Bend, the minimum setback from the
shoreline as defined herein shall be forty (40) feet.
e.
Interior side lot and rear lot lines of adjacently owned lots may be
disregarded as to set back lines and easement restrictions when such lots are
owned by the same person or legal entity, as long as a notarized statement
recognizing that the lots cannot be sold separately is recorded in Camden
County Records.
4.
Carport, Garage or Parking Space. There shall be one (1) carport, garage
or parking space for each residential dwelling unit, whether single family or
multiple family, to be of a space of not less than
nine (9) feet by twenty (20) feet, unless the ACC provided otherwise. In
Country Club Estates Subdivision No. 1, Lot Nos. 1 through 76, inclusive, and
for such other single family or multiple family units as the ACC deems
necessary, there shall be one and one-half (1 1/2) parking spaces for each
residential dwelling unit.
5.
Special Provisions For Multiple Family Dwellings.
Multiple family dwellings shall, in addition to meeting all other criteria set
forth herein, or required by the ACC, shall be governed by the following
provisions:
a.
Said dwellings, subject to the approval of the ACC, may be single or multiple
story construction and may be detached or may be joined by common walls.
b.
The maximum height from finish grade to the ridge line shall be thirty five
(35) feet.
c.
The minimum density of dwelling units shall be one (1) dwelling unit for each
three thousand (3,000) square feet of land on any lot, parcel or groups of lots
unused for multiple family use, except for Country Club Estates Subdivision No.
2, Lot Nos. 78, 79 and 89 through 97, inclusive, wherein the density shall be
one (1) dwelling unit for each two thousand (2,000) square feet of land.
D.
Common Areas. All lots or parcels in the Development designated as Common
Areas are and shall remain private property and Declarant’s
recordation of a Plat shall not be construed as a dedication to the public of
any such Common Areas located therein.
1.
Ownership. Developer will convey all Common Areas as described in
the Declaration to the Association free and clear of all liens and
encumbrances, but subject to such easements and rights-of-way, restrictions of
record and other conditions as the Developer may, at the time of such
conveyance, deem appropriate and proper. Such conveyance shall be deemed to
have been accepted by said Association and those persons
who may, from time to time, be members thereof upon the recording of a deed or
deeds conveying such Common Areas to the Association. Said conveyance shall occur
within five (5) years after completion of the Common Areas.
2.
Use. The use and enjoyment of the Common Areas and the
improvements thereon, whether before or after conveyance to the Association,
shall be subject to the powers of the Developer and the Association and the
rules adopted by them regulating and governing the use of such property and
improvements and, subject to the reservation of the right by the Developer to
reasonable use of such Common Areas in connection with its sales and development
programs.
3.
Maintenance. Maintenance of Common Areas and repairs
to any improvements thereon shall be the obligation and responsibility of the
Developer until conveyance to the Association, or until he Association assumes
said obligation or responsibilities, whichever comes first, and thereafter, the
Association shall have the sole responsibility therefore.
IV.
RESIDENTIAL RESTRICTIONS:
The
following
shall be applicable to all lots and parcels
within the Development designated as residential in character, whether single
family or multiple family, and each Owner, as to his lot or parcel, covenants
to observe and perform the same:
A.
Accessory Outbuildings. Without approval of the ACC, no accessory outbuildings
shall be erected on any lot or parcel prior to the erection thereon of a
dwelling. In no event shall any such accessory outbuilding, partially completed
or temporarily constructed, ever be used for human occupancy or habitation.
B.
Completion of Construction. Construction of any improvement, once
commenced, shall be completed within nine (9) months unless special approval is
given by the ACC. The time of construction shall commence as of the date the
building permit is issued. Improvements not so completed or upon which
construction has ceased for ninety (90) consecutive days, or which have been
partially or totally destroyed and not rebuilt within nine (9) months, shall be
deemed nuisances. The Association may remove any such nuisances or repair or
complete the same at the cost of the Owner. Failure to complete construction
within the nine (9) months time, or the allocated times as listed on the
building permit, shall result in the forfeiture of said building permit and all
posted deposits. Resubmissions of plans and repayment of all fees and deposits
will be necessary to complete construction.
C.
Prohibition Against Used Structures. No
used buildings or structures, intended for use as a dwelling, shall be placed
on any lot.
D.
Maintenance of Lots. All lots and parcels, whether
occupied or unoccupied, or any improvements placed thereon, shall at all times
he maintained in such a manner as to prevent their becoming unsightly,
unsanitary or a hazard to health. If not so maintained, the Association shall
have the right, through its agents and employees, to do so; the cost of which
shall be added to and become a part of the annual assessment to which such lot
is subject. Neither the Association nor the Developer nor any of their agents,
employees or contractors shall be liable for any damage which may result from
any maintenance work performed.
E.
Fences. All property lines shall be kept free and open and no fences,
hedges or walls shall be permitted thereon without ACC approval.
F.
Golf Course Lots. Owners of lots adjacent to golf course fairways shall
permit the entrance upon their lots for retrieval of golf balls and shall be
subject to Golf Course ACC Rules and Regulations in addition to all other Rules
and Regulations to which they are to be subject.
G.
Nuisances. No noxious or offensive activities or nuisances shall be
permitted on any lot.
H.
Signs. No persons shall erect or maintain upon any lot or improvements
any sign or advertisement. In the event said signs or advertisements are
erected or maintained in violation of this provision, the Association shall
have the right, through its agents and employees, to remove said signs or
advertisements and the cost of said removal shall be added to and become a part
of the annual assessment to which said lot is subject. Neither the Association
nor the Developer nor any of their agents, employees, or contracts shall be
liable for any charges or claims of any nature which may result because of said
removal.
A posted board, no larger than 24” x
24”, giving only the name and telephone number of the builder and upon which
all necessary permits are posted, shall not be considered a sign.
I.
Animals. No animals, livestock or poultry of any kind shall be housed,
raised or kept within the Development either temporarily or permanently, except
that commonly accepted household pets (but not including horses), may be kept,
provided that they are not kept or maintained for any commercial purposes, and are
not a nuisance to adjoining property Owners. Dogs may be kept upon a lot by the
Owner of said lot, so long as the dogs are securely confined in an enclosed
pen, approved by the Committee, restricted by a suitable leash or chain or,
having been properly trained, are at all times within the control of the Owner
under voice command and are not running at large. Preference will be given to
the use of electronic fences. Unconfined dogs, outside Owner control, will
either be impounded and/or destroyed.
J.
Garbage and Refuse Disposal. No Owner shall burn trash or other like
household refuse without a permit from the ACC, nor shall any Owner accumulate
on his lot junked or inoperative vehicles, or litter, refuse or garbage, except
in receptacles provided for such purposes.
K.
Concealment of Fuel Storage Tanks and Trash Receptacles.
1.
Fuel storage tanks on any lot shall be either buried below the surface of the
ground or screened to the satisfaction of the ACC.
2.
Any improved homesites developed within the
Development whose owner or occupants subscribe to a trash removal service must
erect and maintain a trash enclosure, the design and location to be approved by
the ACC, for the purpose of concealing trash receptacles. All trash enclosures
must have affixed to the front or roadward side three
inch (3”) contrasting letters and numbers to identify only the lot number and
subdivision. Trash enclosures shall be of sufficient size to entirely conceal
the trash receptacle, and be located in such a manner to be accessible from the
road, and within the extension of the side lot line extended to the edge of the
road.
3.
In the event the occupants/owners of said improved homesite
do not subscribe to a trash pick up service and do not, in fact, place trash
containers out in public view for any reason, then these owners shall erect a
sign not to exceed six inches by eighteen inches (6” x 18”) depicting lot and
subdivision numbers. Letters/numbers should be a minimum of three inches (3”) in
height and of contrasting color to the sign background. The sign should be
clearly visible from the street. The purpose of this provision is to clearly
identify each residential location for emergency and safety vehicles.
4.
All owners of improved multi-family properties shall be required to subscribe
to a professional trash collection service. Such service shall include one
trash receptacle of no less than ninety (90) gallons for each occupied unit.
Said receptacles shall be enclosed in the same manner as required for all Four
Seasons improved properties which have trash pick-up service.
L.
Restrictions on Temporary Structures or Certain Vehicles. No travel
trailer, mobile home, motor home, boat, boat trailer, utility trailer or
commercial vehicle shall be placed on any lot unless garaged in a manner
approved by the ACC.
No tent shall be placed or erected on
any lot, nor shall any overnight camping be permitted on any lot.
M.
Removal of Trees. No tree over six (6) inches in diameter may be
removed from any lot without with prior written consent of the ACC.
N.
Dock and Piers. No dock, pier, seawall, retaining wall or other similar
structure shall be constructed without express written permission of the ACC.
0.
Ditches and Swales. Each Owner shall keep drainage ditches and swales
located on his lot free and unobstructed and in good repair and shall provide
for the installation of such culverts upon his lot as may be reasonably
required for proper drainage.
P.
Resubdivision of Lots. No lot or parcel
shall be further subdivided by subsequent Owners, except those designated
multiple family residential, and then only to the
extent required or permitted by governmental authority. The Developer retains
the right to resubdivide lots prior to the time of
the original sale.
Q.
Resource Extraction. No drilling, (except for water on lots not provided
water service as described in Article IX. A. herein), quarrying, refining or
mining operation of any kind shall be permitted on any lot.
R.
Subdividing Certain Lots. The provisions of Section
IV. P. notwithstanding, any lot may be subdivided if upon the
subdivision thereof all portions of the lot so subdivided are conveyed to the
Owners of an adjacent lot or lots, thereby enlarging such lot or lots. The
boundaries between the enlarged lot or lots shall
constitute the new back and side lines for purposes of these Restrictive
Covenants.
The subdivisions authorized by this
section shall be effective only if the Owners of the lot being subdivided and
the Owners of the lots being enlarged join in execution of an indenture,
setting forth the new boundaries of the enlarged lots, and said indenture is
approved in writing by the President of the Association, and is recorded in the
Recorder’s Office of Camden County, Missouri.
The indenture shall also prorate the
subdivided lot’s assessments (including, but not limited to, Association
assessments, water and sewer fees), among the owners of the enlarged lots, and
thereafter said Owners of the enlarged lots shall be liable for their prorated
share of the assessments of the subdivided lots.
If a building or any part of a building
is placed on a portion of the subdivided lot, the Owner to whom that portion
was conveyed shall pay twice his prorated share, since said portion will be
considered a developed lot for purposes of assessments under these Restrictive
Covenants.
For any lot so subdivided the voting
rights for members as provided in Section VI B.2. shall
be apportioned in fractional shares among the Owners of the enlarged lots in
proportion to the area acquired by each Owner.
V.
ARCHITECTURAL CONTROL COMMITTEE:
A.
General Powers. All improvements constructed or placed on any lot must
first have the written approval of the ACC. Such approval shall be granted only
after written application has been made to the ACC in the manner and form
prescribed by it. The application, to be accompanied by two (2) sets of plans
and specifications, shall show the location of all improvements, if any,
existing upon said lot, the location of the improvement proposed to be
constructed, the color and composition of all exterior materials to be used,
proposed landscaping, and any other information which the ACC may require,
including soil, engineering and geological reports and recommendations.
B.
ACC Membership. The ACC shall be composed of no less than three (3) nor
more than nine (9) persons to be selected annually by the Board of the
Association. Members shall serve until their successors are appointed, and in
the case of the failure of the Board to appoint members annually, those
previously appointed shall remain as members until the appointments are made by
the Board.
C.
Grounds for Disapproval. The ACC may disapprove any application
if:
1.
such application does not comply with this Amended and
Restated Declaration;
2.
because of the reasonable dissatisfaction of the ACC with grading plans,
location of the proposed improvement on a lot, finished ground elevation, color
scheme, finish, design proportions, architecture, shape, height or style of the
proposed improvement, the materials used therein, the kind, pitch or type of
roof proposed to be placed thereon; or,
3.
in the judgment of a majority of the ACC reasonably
exercised, the proposed improvement will be inharmonious with the Development,
or with the improvements erected on other lots.
D.
Rules and Regulations. The ACC shall, from time to time, adopt
written rules and regulations of general application governing its procedures
which shall include, but not be limited to, provisions for the form and content
of applications; required number of copies of plans and specifications;
provisions for notice of approval or disapproval, including a reasonable time
period for approval by reason of failure to disapprove. Such rules and
regulations shall be adopted by the Board under the same provisions as section
IV hereinabove.
E.
Variances. The ACC may grant reasonable variances or adjustments
from the provisions in this Declaration where literal application thereof
results in unnecessary hardship and if the granting thereof will not be
materially detrimental or injurious to Owners of other lots.
F.
Certification of Compliance. At any time the ACC may require a
certification from a licensed surveyor that such improvement does not violate
any setback rule, ordinance or statute, nor encroach upon any easement or
right-of-way of record.
The cost of said certification shall be
borne by the owner of the lot.
G.
Submittal Fees. As a means of defraying its administrative
expenses, the ACC may require a reasonable filing fee to accompany the
submission of plans and specifications. Said fees shall be established by the
Board or the Committee or its subordinate bodies. The minimum submittal fee
will be SEVENTY FIVE DOLLARS ($75).
H.
Liability. Notwithstanding the approval by the ACC of plans and
specifications or its inspection of the work in progress, neither it, the Developer,
the Association, or any person acting in behalf of any of them shall be
responsible in any way for any defects in any plans or specifications or other
material submitted to the ACC, nor for any defects in any work done pursuant
thereto. Each person submitting such plans or specifications shall be solely
responsible for the sufficiency thereof and the adequacy of improvements
constructed pursuant thereto.
I.
Appeals. Any application shall have the right to appeal to the
Board from any decision of the ACC within thirty (30) days after entry of such
decision.
VI.
EASEMENT:
A.
Reservations. The following easements over each lot or parcel, and
the right to ingress and egress to the extent reasonably necessary to exercise
such easements, are reserved to the Developer its
assignees or licensees:
1.
Utilities. A ten (10) foot wide strip running along the inside of all lot
lines, except those lot lines coincident with street right-of-way lines, in
which case such strip shall be twenty (20) feet wide, for the installation,
maintenance and operation of utilities, including radio, and television
transmission cables, and the accessory right to locate guy wires, braces or
anchors or to cut, trim or remove trees and plantings wherever necessary upon
such lots in connection with such installation, maintenance and operation. An
easement is retained for the purpose of locating, constructing, operating and
maintaining sanitary sewer lines and all necessary operating, and maintaining
sanitary sewer lines and all necessary appurtenances, across all lots at
locations deemed necessary by Declarant for the
construction, operation and maintenance of a sanitary sewer system, in the
event one is required in any part of the Development. Said easement shall
consist of a temporary easement fifty (50) feet wide laying twenty five (25)
feet either side of the centerline of the sewer line located as deemed
necessary for Declarant. Upon completion of
construction, the temporary construction easement is automatically vacated and
a permanent easement ten (10) feet wide laying five (5) feet either side of the
centerline of the sewer as constructed shall be retained. Said easements shall
consist of the right to ingress and egress to the easement across the
hereinafter described lots, together with the easement across the hereinafter
described lots, together with the right to trim, cut or remove any trees or
vegetation necessary to accomplish the above stated purpose. Subsequent Owners
of the hereinafter described property shall have no cause of action against Declarant, or its licensees, successors, heirs, or assigns,
either at law or in equity by reasons of any damage caused to said property in location, construction, operation or
maintenance of the sanitary sewer lines, except in the case of gross
negligence.
2.
Shoreline Maintenance. A fifty (50) foot wide strip (provided that in
subdivisions located on Shawnee Bend, strip is forty (40) foot wide) running
along the inside of all lots coincident with the shoreline of Lake of the
Ozarks, or any watercourse in the Development, for the purpose of shoreline
maintenance.
3.
Slope and Drainage. A thirty (30) foot wide easement running along the
inside of all lot lines coincident with street right-of-way lines for the
purpose of cutting, filing, drainage, and maintenance of slopes and drainage
courses.
4.
Other Easements. Any
other easements shown on the Plat or Plats, or which are otherwise of record.
B.
Use and Maintenance by Owners. The areas of any lots affected by the
easements reserved herein shall be maintained continuously by the Owner of such
lot, but no structures, plantings or other material shall be placed or
permitted to remain or other activities undertaken thereon which may damage or
interfere with the use of said easements for the purpose herein set forth.
Improvements within such areas shall be maintained by the Owner except those
for which a public authority or utility company is responsible.
C.
Liability For Use Of Easements. No Owner shall
have any claim or cause of action against the Developer, or its licensees,
arising out of the exercise or non-exercise of any easement reserved hereunder
or shown on the Plat or Plats except in cases of willful or wanton misconduct.
VII. FOUR SEASONS LAKESITES PROPERTY
OWNERS ASSOCIATION, INC.:
A.
General. The Association is a
B.
Memberships.
1. Classes of Memberships. There
shall be members and associate members.
2. Members. Each Owner shall, by
reason of ownership, become a member of the Association.
There shall be one (1) voting member
for each lot, regardless of the number of persons who may have an ownership
interest in such lot or the manner in which title is held by them, and
regardless of the number of lots which any person may have an ownership
interest. If more than one (1) person shall have an ownership interest in any
lot, the voting member shall be designated in writing at the request of the Association.
3. Associate Member. If not
otherwise a member, each of the following shall be associate members in the
Association:
a.
The spouse and children of a member
who have the same principle residence as the member.
b.
Persons who may be tenants or regular occupants of residences situated
within the Development.
c.
Persons who, by virtue of contractual agreements with the Developer, are entitled
to membership in the Association.
C.
Rights, Privileges and Obligations. The rights, duties, privileges and
obligations of membership in the Association, including voting rights, are as
set forth in its Articles and By-Laws.
D.
Assessments.
1. General. Pursuant to the
powers granted to it in its Articles and By-Laws, the Association shall have
the power to levy annual assessments against all lots in the Development. Such
annual assessment shall be Four Hundred Twenty Five Dollars ($425) for each lot
with a building on it, but may be in a greater or lesser amount if so
determined by the Board after consideration of the current maintenance needs
and future needs of the Association. Provided, however, that no such charge or
assessment shall ever be made against the Developer, the Association itself, or
any lots owned by them; and provided further that the Board may, by resolution,
provide that a lesser assessment may be levied on lots without buildings than
is levied on lots with buildings.
2. Collection and Lien. The
amount of the assessment levied by the Association shall be paid to it on or
before the dated fixed by resolution of the Board. If not so paid, the amount
of such assessment, plus any other charges thereon, including interest at the
maximum limit provided by law per annum from date of delinquency, and costs of
collection, including attorney’s fees, if any, shall constitute and become a
lien on the lot so assessed when the Board causes to be recorded in the Office
of the appropriate County Recorder of Deeds, a notice of assessment. Such
notice shall state the amount of such assessment, and such other charges, and a
description of the lot which has been assessed. Such notice,
shall be signed by the Secretary of the Association or other person authorized
by the Board on behalf of the Association. Upon payment of said assessment and
other charges, or other satisfaction thereof, the Board shall, within a
reasonable time, cause to be recorded a further notice
stating the satisfaction and release of said lien.
3. Priority of Lien. Conveyance
of any lot shall not affect any lien for assessment provided herein. Such lien
shall be prior to all other liens recorded subsequent to said notice of
assessment, except that liens of a first Deed of Trust incurred either for the
purpose of construction of improvements or for the purchase of the lot, and
which are recorded in accordance with applicable law, shall be superior to any
and all assessment liens provided for herein.
4. Enforcement. The lien
provided for herein may be foreclosed upon by suit by the Association in like manner
as a mortgage and, in such event, the Association may
be a bidder at the foreclosure sale. The Association may also pursue any other
remedy against any Owner owing money to it which is available to it by law or
equity for the collection of debt.
5. Proof of Payment. Upon
request, the Association shall furnish a statement certifying that all
assessments then due have been paid or indicating the amount then due.
6.
Suspension. The Association shall not be required to transfer
memberships on its books or to allow the exercise of any rights or privileges
of membership on account thereof to any Owner or to any persons claiming under
them unless or until all assessments and charges to which they are subject have
been paid.
7.
Assessments For
Multiple Family Dwellings.
Multiple family buildings shall be
assessed only one (1) assessment, regardless of the number of units in said
multiple family buildings, but in such an event, there shall be only one (1)
Association membership card issued to the Owner or Manager thereof and members
of his family; provided, that in the case of a multiple family building owned
by two (2) or more persons, (whether as tenants in common, partners or
shareholders in a corporation, but not including husband and wife), each Owner
who also occupies a separate unit of said multiple family building, shall be
liable for a separate assessment, which shall be a lien on the entire building,
and each Owner - Occupant so separately assessed shall be issued a separate
Association membership card issued for use only by said Owner - Occupant and
members of his family; provided further, that the Developer, in its contract
for sale of property for multiple family development, may cause additional
assessments to be levied on the multiple family building to be constructed on
such property, and in such an event, the Owner of such multiple family property
will be liable for such additional assessment.
VIII. PROVISIONS WITH RESPECT TO
DISPOSAL OF SANITARY SEWAGE:
No outside toilet shall be permitted.
No sanitary waste shall be permitted to enter the lake and all sanitary
installations must conform with the recommendations of
the Developer, its successors and assigns, the County and State Boards of
Health, and the Missouri Department of Natural Resources (“DNR”.)
IX. WATER SYSTEM AND SEWAGE TREATMENT
SYSTEM:
A.
The Owner of each lot agrees to pay the Owner of the water works system to be
constructed within the Development, a minimum monthly availability charge for water,
water service and the accommodations afforded the Owners of said lots by said
water works system, commencing upon the availability of water in a water works
system distribution main provided for the lot and continuing thereafter so long
as water is available for use, whether or not tap or connection is made to a
water works system distribution main and whether or not said Owner actually
uses or takes water. No charge will be made to the lot Owners for the right to
connect to the water system. Each lot Owner will bear the cost of the service
line from his building into the water main. The said Owner or Owners of said
water works system will be a privately owned public utility authorized by a
Certificate of Public Convenience and Necessity issued by the State of Missouri
Public Service Commission (“PSC”) to operate the water works systems.
The aforesaid amounts of said
availability charges, times and methods of payments thereof by said Owners, and
other matters, shall be as provided in Schedules of Rate and Rules, Regulations
and Conditions of Services for Water Services filed and published by said
public utility or utilities which said Missouri PSC, or any successor
Regulatory Body of the State of Missouri, in accordance with law and passed to
file or formally approved by said PSC as the then effective Schedule of Rates
and Rules, Regulations and Conditions of Service of said public utility or
utilities, or if not so provided, as determined by the Owner of the water works
system. The amounts of said availability charges and other charges are subject
to change hereafter by order of the said Missouri PSC, or its successors, in
accordance with then existing law and the structure of said availability
charges are likewise and in the same manner subject to change from availability
rates to another type of rate or rates.
Unpaid charges shall become a lien upon
the lot or lots to which they are applicable as of the date the same become
due. Nothing in this paragraph shall be construed as a limitation on the rights
of any such public utility to sell and assign in accordance with law its
property and assets to a governmental subdivision of the State of Missouri.
Prior to the construction of the
central water system lot owners who wish to build at that time may drill
individual wells. Upon completion of the central water system serving these
lots the use of individual wells must be discontinued and connection must be
made to the central water system. Individual wells will be prohibited after
completion of the central water system.
B.
No water system will be provided by the Developer to the Ridgecrest
Subdivision. All references in paragraph A. of Article IX of this Declaration
shall not apply to the Ridgecrest Subdivision. Each lot Owner within said
subdivision will be required to install his own well for water supply.
C.
Plan for Sewage Treatment. The Association has adopted a plan for sewage
treatment by use of individual treatment facilities or other methods of sewage
treatment by the Development and the plan has been approved by the Missouri
DNR. The Association administers the plan. The following provisions apply to
the implementation and administration of said plan:
1.
Each Owner of a lot containing a residence shall install, at the expense of the
Owner of said lot, an individual treatment facility. Each such individual
treatment facility must meet the specifications for such individual treatment
facility set forth in the plan approved by the Missouri DNR. An “Owner of a
lot” shall include any person owning said lot in fee simple or purchasing a lot
under a contract for deed arrangement.
2.
It shall be the duty of each Owner of a lot containing a residence to construct
an individual treatment facility in accordance with the specifications approved
pursuant to subparagraph C.l. above, so that it
performs its stated functions and upon the failure of any Owner of a lot
containing a residence to maintain such an individual treatment facility, the
Association may enter upon the lot, take such action as is necessary to so
construct and maintain such an individual treatment facility, and assess the
lot Owner for the expenses so incurred. Said assessment, if unpaid, shall be a
lien upon the lot and may be enforced by the Association of the manner set
forth in Article VII. D. above.
3.
The plan shall include provisions whereby the Association shall periodically
maintain each individual treatment facility, a method whereby the Association,
or its agents, shall collect wastes on a regular basis from each individual
treatment facility, and a method whereby the Association, or its agents, shall
inspect and make necessary repairs to each individual treatment facility
(whether constructed under the plan or an existing unit described in Article
IX. C.7.) on a regular basis to ensure continued compliance with the
specifications set forth in the plan and, for these purposes, the Association
and its agents may enter upon any lot within the subdivisions. The Association
shall install, own, operate and repair any central facilities, effluent
collection pipes, and supporting equipment necessary for implementation of the
plan. All effluent collection pipes shall be installed, owned, operated,
maintained and repaired by the Association.
4.
The Association shall assess each lot with a residence, or other dwelling unit
or units, a monthly maintenance fee for implementing and administering the
plan. The Association may charge more for lots with more than one (1) dwelling
unit or more than one (1) sewage treatment plant. The Association shall develop
criteria for such variable fees. The Association may, at its discretion,
allocate a portion of the regular assessment collected pursuant to Article VII.
D. to pay a portion of the expenses of implementing and administering the plan and
may, from time to time, levy capital assessments to pay any capital costs of
the plan.
5.
All actions taken pursuant to the provisions of this Article IX. 3. to 7. shall conform to applicable laws and regulations of the
State of
6.
No permit shall be issued by the ACC for the construction of any building,
whether residential, commercial, or otherwise, unless the submitted construction
plans provide for the construction of an individual treatment facility in
conformance with the plan for sewage treatment adopted pursuant to this Article
IX. C. and which meet the specifications set forth in said plan. The ACC shall
employ an engineer to review such plans and advise the ACC whether the plans
are in conformance.
7.
Notwithstanding anything herein, any residence whose construction was commenced
prior to August 24, 1984, the date of adoption of this Article IX., and which
has an individual treatment facility, shall not be bound by the specifications
set forth in the plan until August 21, 1994, but, if at any time before August
21, 1994, the individual treatment facility is replaced or substantially
changed, in the judgment of the Association, it shall then be replaced with an
individual treatment facility which does conform to said specifications. The
Association may make further variances and exceptions to avoid hardship.
Notwithstanding the above, if at any
time before August 21, 1994, the existing sewage treatment facility on any lot
does not meet the specifications outlined in the plan and is causing pollution
of any waters or is presenting a hazard to health, the Association may (after
notice and opportunity to correct the deficiency) enter onto said lot,
construct a new facility which does meet the specifications of the plan, and
assess the lot Owner for the expenses so incurred. Such assessment shall be a
lien upon the lot and may be enforced in the manner set forth in Article VII.
D.
D.
Rights Powers and Duties of the Association. The Association shall have
the following rights, powers and duties in regard to the plan for sewage
treatment:
1.
The Association shall maintain, operate, repair, improve and regulate the use
of the sewage treatment system. In connection with such maintenance, operation,
repair, improvement and regulation of the sewage treatment system, the
Association shall comply with all requirements and duties imposed by the
Missouri Clean Water Law, Chapter 204, R.S.Mo., and
all standards, rules and regulations adopted pursuant thereto and permits and
orders issued thereunder, and all other provisions of
law, federal, state and local, as such may exist from time to time.
2.
The Association shall provide to all lot Owners the right and advantage of
participation in such plan for sewage treatment, subject, however, to the
conditions herein provided, and subject to such reasonable rules and
regulations as may be prescribed by the Association, such rules and regulations
to be uniform in application to all Owners of lots of the same classification.
3.
The Association may acquire for addition to the plan for sewage treatment any
sewage treatment facilities, properties, and improvements of the type described
in this Declaration which are located outside the Development, and may permit
any property and improvements located outside the Development to participate in
the plan for sewage treatment, provided that all such assets which are acquired
for addition to the plan for sewage treatment and all such property and
improvements which are permitted to participate in the plan for sewer treatment
shall be made subject to all the terms, conditions, and restrictions of Article
IX. of this Declaration and the rules and regulations
of the Association promulgated pursuant thereto.
4.
The Association is empowered to transfer and convey to any public authority,
municipal corporation, or private corporation certified by the Missouri PSC,
said sewer system (except for the individual treatment facilities, ownership of
which shall remain with the Owner of the lot on which said facility is
located), either with or without money consideration therefor,
and such conveyance shall become mandatory and shall be made by the Association
as soon as practicable, subject to the approval of the PSC, when any such
public authority, municipal corporation, or private corporation certified by
the PSC becomes capable of accepting such conveyance and thereafter performing
all functions relating to the construction, maintenance, operation, repair,
improvement and regulation of the sewage treatment system.
5.
The Association is empowered to contract with any other person, firm or governmental
or other entity for the performance of all or any part of the sewage treatment
system, provided that the cost of any such contract shall be paid by the
Association in the same manner as all other costs and expenses incurred by the
Association in operating and maintaining the sewage treatment system.
6. The Board shall adopt, prescribe,
and enforce reasonable rules and regulations with respect to the sewage
treatment system. Said rules and regulations shall not conflict with the
7. The Board shall be authorized, from
time to time, to employ such agents, servants and employees as they may
determine necessary, and may employ counsel to prosecute or defend suits or
actions for or against them concerning the sewage treatment system and the
operation thereof.
8. The Board shall be authorized to
contract for and obtain such policies of insurance and surety bonds as it may
deem necessary or appropriate concerning construction, maintenance, operation,
repair and improvement of the sewage treatment system.
9. The Board, its successors and
assigns, shall be authorized to establish a perpetual easement in gross for
ingress and egress, to perform its obligations and duties as required by this
Article IX. Should it be necessary to enter a residence to repair a common
element or any part of the sewage treatment system, agents and workmen shall be
entitled to entrance by exhibiting to the residence Owner an order from the
Board.
E.
Connection to the Sewer System. Except as otherwise
provided in Article IX. C. 7., all homes and other structures requiring
sewage or waste water disposal facilities, shall conform to the plan for sewage
treatment; no such home or structure may be occupied unless so connected to the
sewage treatment system and no septic tank, cesspool or other means of disposal
of sewage on an individual lot may be used in the subdivisions.
F.
Duty to Maintain, Repair and Improve. If any physical part of the sewage
treatment system shall at any time require maintenance, repair, improvement or
replacement, it shall be the duty of the Association to cause the same to be
done. The Association shall have the power to contract for same and to
determine the terms of the contract. The Association shall pay for the costs
thereof from the annual and special assessments made hereunder,
and, in the case of any individual treatment facility, shall bill the Owner
thereof and issue a special assessment against said Owner if the bill is not
paid. The Association shall also be empowered to borrow money and to pledge the
assets of the Association as security therefor, in
order to make payment for such costs.
G.
Right of Entry. The right to enter any lot or tract at any reasonable
time for the purpose of inspection, maintenance and repair of any part of the
sewage treatment system, or for the purpose of inspecting for possible
violations of the provisions of these covenants and restrictions, or possible
violations of the Missouri Clean Water Law and regulations, is granted to the
Association and its authorized representatives, the PSC, its successors and
representatives, the Developer, and the representatives of any person, firm,
corporation, municipality or public agency contracting or otherwise acting with
or for the Association to provide operation, maintenance or monitoring service
for the sewage treatment system.
H.
Definitions. “Sewage Treatment System” as used herein shall mean all
elements under the Plan for Sewage Treatment, including, but not limited to,
the individual treatment facilities, and all support facilities used in
connection with maintaining and operating the individual treatment facilities.
X.
ANNEXATION:
A.
Property to be Annexed. Declarant may, from
time to time, and in its sole discretion, annex to the Development any other
real property owned by Declarant which is contiguous
or adjacent to or in the immediate vicinity of the Development.
B.
Manner of Annexation. Declarant shall effect
such annexation by recording a plat of the real property to be annexed and by
recording a Supplemental Declaration which shall:
1.
describe the real property being annexed and designate
the permissible uses thereof;
2.
set forth any new or modified restrictions or
covenants which may be applicable to such annexed property, including limited
or restrictive uses of Common areas; and
3.
declare that such annexed property is held, and shall
be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and
improved subject to the provisions of this Declaration. Upon the recording of
such plat and Supplemental Declaration, the annexed area shall become a part of
the Development and shall be subject to the provisions hereof as supplemented,
as fully as if such area were part of the Development as of the date of the
recording of this Declaration.
XI.
REMEDIES:
A.
Enforcement. Declarant and each person whose
benefit this Declaration inures, including the Association, may proceed at law or in equity to prevent the occurrence,
continuation or violation of any provision of this Declaration, and the court
in such action may award the successful party reasonable expenses in
prosecuting such action, including attorney’s fees.
B.
Suspension of Privileges. The Board may suspend all voting rights
and all rights of any Owner to use the Association’s Common Areas for any
period during which the Association assessment against such Owner remains
unpaid, or during the period of continuing violation of the provisions of this
Declaration by such Owner after the existence thereof has been declared by the
Board.
C.
Cumulative Rights. Remedies specified herein are cumulative and
any specifications of them shall not be taken to preclude an aggrieved party’s
resort to any other remedy at law or in equity. No delay or failure on the part
of an aggrieved party to invoke an available remedy in respect to a violation
of any provisions of this Third Amended Declaration shall be held to be a
waiver by that party of any right available to him upon the recurrence or
continuance of said violation or the occurrence of a different violation.
D.
Fines. The Board may levy fines on Owners of lots violating any
provision of this Declaration, in accordance with a Schedule of Fines adopted
by Resolution of the Board, and such fines may be a single fine for a violation
(not to exceed Five Hundred Dollars ($500)), and may be accompanied by a
continuing daily fine (not to exceed Ten Dollars ($10)) per day but not to
exceed 100 days. No fine shall be levied unless the Owner has been given seven
(7) days written notice, at the address of record, in which to comply or
request a hearing before the Board or its appointed committee. If no request
for hearing is made, the fine shall be deemed levied effective the eighth (8th)
day from the date of notice. If a hearing is held, and the imposition of the
fine is upheld, the fine shall be deemed levied as of the date the Board or committee
issues its decision upholding the fine. The Board’s or Committee’s
determination shall be conclusive. If such fine is not paid within thirty (30)
days of the date the fine is levied, the unpaid amount, plus interest at the
rate of ten percent (10%) per annum, shall constitute and become a lien on the
lot owned by the person fined. Any fine which becomes a lien may be enforced in
the same manner and by subject to the same provisions as liens for unpaid
assessments described in Article VII. D. of this Declaration.
XII.
GRANTEE’S ACCEPTANCE: Each grantee or purchaser of any lot or parcel shall, by
acceptance of a deed conveying title thereto, or the execution of a contract
for the purchase thereof, whether from Declarant or a
subsequent Owner of such lot or parcel, accept such deed or contract upon and
subject to each and all of the provisions of this Declaration and to the
jurisdiction, rights, powers, privileges and immunities of Declarant
and of the Association. By such acceptance such grantee or purchaser shall for
himself, his heirs, devisees, personal representatives, grantees, successors,
assigns, lessors and lessees, covenant, consent and
agree to and with Declarant and the grantee or
purchaser of each other lot to keep, observe, comply with and perform the
covenants, conditions and restrictions contained in this Declaration.
XIII.
SUSPENSION OF RESTRICTIONS: The provisions on improvements, use and occupancy
set forth herein shall be suspended as to any lot, parcel or other area while
and so long as the same is owned by or leased to the State of Missouri or any
governmental agency, public or private utility, whenever and to the extent, but
only to the extent, that such provisions shall prevent the reasonable use of such
lot, parcel or area for said purposes. On cessation of such use, such
provisions shall become applicable again in their entirety. While owning or
leasing and using, such Owner shall have no rights as a member of the
Association, nor shall it be liable for any Association assessments.
XIV. SEVERABILITY:
Every provision of this Declaration is hereby declared to be independent of any
severable provision from every other provision hereof. If any
provisions thereof shall be held by a court of competent jurisdiction to be
invalid, or unenforceable, all remaining provisions shall continue unimpaired
and in full force and effect.
XV.
CAPTIONS: Paragraph captions in this Declaration are for convenience only and
do not in any way limit or amplify the terms of provisions hereof.
XVI. TERM AND
AMENDMENT: The provisions of this Declaration shall affect and run with
the land and shall exist and be binding upon all parties claiming an interest
in the Development until January 1, 1995, after which time the same shall be
automatically extended for successive periods of ten (10) years each unless the
Owners of ninety percent (90%) of lots vote, at a special meeting of the
Association called for that purpose, to terminate this Declaration. This
Declaration may be amended at any time by the Developer until such time as all
lots in the Development have been sold, at which time the restrictions may
thereafter be amended by the affirmative vote of two-thirds (2/3) of the Owners
of all lots in the Development entitled to vote. In the case of an amendment by
two thirds (2/3) of the property owners, an amendment to this Declaration shall
be duly executed by:
A.
the requisite of such Owners required to effect such an amendment; or
B.
the Association, in which latter case such amendment shall have attached to it
a copy of the resolution of the Board attesting to the affirmative action of
the requisite number of such Owners to effect such an amendment, certified by
the Secretary of the Association.
XVII.
IN WITNESS WHEREOF, the undersigned,
being the authorized officers of the Declarant
herein, has hereunto set their hand and seal this 2 day of July, 1996.
FOUR SEASONS LAKESITES, INC. (Developer)
BY: (Peter N. Brown signature on record)
PETER N. BROWN, PRESIDENT
ATTEST:(Susan Koplar Brown signature on record)
SUSAN KOPLAR BROWN - SECTRETARY
STATE OF
) ss
Before me, a Notary Public in and for
said County and State, on this 3rd day of July, 1996,
personally appeared PETER BROWN and SUSAN KOPLAR BROWN, personally known to me
to be the President and Secretary respectively of Four Seasons Lakesites, Inc.,
a Missouri Corporation, and did state that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said Third
Amended and Restated Declaration of Restrictive Covenants were signed and
sealed on behalf of said corporation, and they acknowledged said instrument to
be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed my official seal the day and year first above written.
(Nancy J. Adams signature on record)
Notary Pub1ic
(official seal of Nancy J. Adams on record)
My
commission expires: 3-23-2000
Nancy J. Adams
27
CONSENT
OF FOUR SEASONS LAKESITES PROPERTY
OWNERS
ASSOCIATION, INC.
This is to certify that the foregoing
instrument has been approved and consented to by the Board of Directors of the
Four Seasons Lakesites Property Owners Association, Inc,.
at its Board of Directors meeting held the 13th
day of July, 1996, and that at said meeting said Association agreed to
undertake and carry out the duties and responsibilities given to it under said
Amended Declaration.
FOUR SEASONS LAKESITES PROPERTY
OWNERS ASSOCIATION, INC.
BY: (Beverly Thomas signature on record)
BEVERLY THOMAS, PRESIDENT
(Four Seasons Lakesites Property
Owners Association seal on
record)
ATTEST: (Charles Cassmeyer signature on
record)
CHARLES CASSMEYER, SECRETARY
STATE OF
COUNTY
OF
) ss
)
On this 13th day
of July, 1996, before me appeared Beverly
Thomas to me personally known, who, being duly sworn did say
that she is the President of Four Seasons Lakesites Property Owners
Association, Inc., a corporation of the State of Missouri, and that the seal
affixed to the foregoing instrument is the corporate seal of said corporation
and that said instrument was signed and sealed on behalf of said corporation,
by the authority of its Board of Directors and said she acknowledged
said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed my official seal the date above written.
(Norma Cromer signature on
record)
Norma Cromer
Notary Public My commission expires: 1-06-98
(official Notary seal on record)
28
AMENDMENT
TO THE
THIRD AMENDED AND RESTATED
DECLARATION
OF RESTRICTIVE COVENANTS
THIS AMENDMENT TO THE THIRD AMENDED AND
RESTATED DECLARATION OF RESTRICTIVE COVENANTS (the “Amendment”) is made this
27th day of April, 1998, by FOUR SEASONS LAKESITES, INC., a
WHEREAS, Declarant
is the developer of certain real property (the “Development”) situated in Camden
County, Missouri, the plats of which are recorded in the Office of the Recorder
of Deeds of Camden County, Missouri as the following subdivisions; Kay’s Point
No. 1, as recorded in Plat Book 12, Page 57 and as amended; Kay’s Point No. 2,
as recorded in Plat Book 13, Page 41 and as amended; Kay’s Point No. 3, as
recorded in Plat Book 13, Page 82; Kay’s Point No. 4, as recorded m Plat Book
13, Page 83; Kay’s Point No. 5, as recorded in Plat Book 13, Page 86; Kay’s
Point No. 6, as recorded in Plat Book 13, Page 88; Kay’s Point No. 7, as
recorded in Plat Book 14, Page 35; Kay’s Point No. 8, as recorded in Plat Book
17, Page 23 and as amended; Ridgecrest No. 1, as recorded in Plat Book 14, Page
48; Cornett Cove No. 1, as recorded in Plat Book 14, Page 34; Cornett Cove No.
2, as recorded in Plat Book 14, Page 68; Cornett Cove No. 3, as recorded in
Plat Book 14, Page 92; Cornett Cove No. 4, as recorded in Plat Book 14, Page
93; Cornett Cove No. 5, as recorded in Plat Book 15, Page 81 and as amended.
Cornett Cove No. 6, as recorded in Plat Book 17, Page 22; Cornett Cove No. 7,
as recorded in Plat Book 17, Page 25; Country Club Estates No. 1, as recorded
in Plat Book 15, Page 77, Country Club Estates No. 2, as recorded in Plat Book
15, Page 80; Country Club Estates No. 3, as recorded in Plat Book 17, Page 24
and as amended; Imperial Point, as recorded in Plat Book 17, Page 26 and as
amended; Palisades Point No. 1, as recorded in Plat Book 18, Page 77 and as
amended; Palisades Point No. 2, as recorded in Plat Book 19, Page 42 and as
amended; Palisades Point No. 3, as recorded in Plat Book 20, Page 18 and as
amended; Palisades Point No. 4, as recorded in Plat Book 21, Pages 30 through
33 inclusive; Palisades Point No. 5, as recorded in Plat Book 24, Page 13A,
Equestrian Estates No. 1, as recorded in Plat Book 21, Page 9; Equestrian
Estates No. 2, as recorded in Plat Book 34, Page 28A and as amended; Seasons
Ridge, as recorded in Plat Book 39, Page 24A and as amended; Regency Cove, as
recorded in Plat Book 42, Pages 34A through 34D and as amended; Grand Point, as
recorded in Plat Book 45, Pages 32A through 32P, inclusive and as amended;
Grand Point No 2, as recorded n Plat Book 51, Pages 9A through 9I inclusive;
Eagles Cove, as recorded in Plat Book 56, Pages 50A through 50G inclusive and
as amended; Fox Run, as recorded in Plat Book 59, Pages 30A through 30C
inclusive; and Heritage Isle, as recorded in Plat Book 59, Pages 50A through
5OJ inclusive; and
WHEREAS, this Declaration imposes upon
the Development mutually beneficial restrictions under a general plan of
improvement for the benefit of the owners of each portion of the Development,
and establishes a flexible and reasonable procedure for the overall
development, administration, maintenance and preservation of the Development;
and
1
WHEREAS, Declarant
recorded the original Restrictive Covenants dated December 2, 1969 in Book 158,
Page 345 in the Office of the Recorder of Deeds Camden County, Missouri; and
WHEREAS, Declarant
subsequently amended the original declaration by instrument dated March 10,
1971, recorded in Book 162, Page 780; by instrument dated June 21, 1972,
recorded in Book 168, Page 668; by instrument dated May 31, 1972, recorded in
Book 168, Page 451; by instrument dated August 3, 1973, recorded in Book 175,
Page 534; by instrument dated August 15, 1973, recorded in Book 175, Page 756;
by instrument dated November 23, 1973, recorded in Book 177, Page 513; by
instrument dated May 30, 1975, recorded in Book 185, Page 252; by instrument
dated May 30, 1975, recorded in Book 185. Page 253; by instrument dated
September 24, 1975, recorded in Book 187, Page 430; by instrument dated May 25,
1978, recorded in Book 206, Page 428; by instrument dated August 26, 1980, recorded
in Book 225, Page 106; by instrument dated March 18, 1981, recorded in Book
228, Page 26; by instrument dated August 15, 1981, recorded in Book 231, Page
510; by instrument dated November 23, 1981, recorded in Book 233, Page 702; by
instrument dated August 22, 1984, recorded in Book 261, Page 941; by instrument
dated June 23, 1986, recorded in Book 287, Page 565; by instrument dated May
14, 1987, recorded in Book 300, Page 155; by instrument dated May 14. 1987,
recorded in Book 300, Page 185; by instrument dated February 9, 1988, recorded
in Book 308, Page 269; by instrument dated April 30, 1988, recorded in Book
311, Page 185; by instrument dated June 1, 1990, recorded in Book 340, Page
733; by instrument dated April 8, 1993, recorded in Book 379, Page 813; by
instrument dated January 13, 1995, recorded in Book 407, Page 666; by
instrument dated February 5, 1997, recorded in Book 438, Page 209; and by
instrument dated February 6, 1998, recorded in Book 454, Page 885;
WHEREAS, by instrument dated June 21, 1972,
recorded in Book 168, Page 668, Declarant may amend
this Declaration at any time until such time as all lots in the Development (as
defined below) have been sold: and
WHEREAS, Declarant
desires to further amend and restate this Declaration.
NOW, THEREFORE, Declarant
hereby amends this Declaration as follows.
I.
DEFINITIONS. Article II, DEFINITIONS, shall amended
to add the following definitions:
Q.
The letter “A” on any numbered lot on any Plat of the Development means the Lot
is an “A” Lot and is therefore entitled to all rights and subject to all
obligations and restrictions of an “A” Lot as set forth in this Declaration.
R.
The letter “B” on any numbered lot on any Plat of the Development means the
S.
The letter “C” on any numbered lot on any Plat or the Development means the
T.
The Letter “D” on any numbered lot on any Plat of the Development means the
U.
The Letter “E” on any numbered lot on any Plat of the Development means the
V.
The letters “WF’ when used in conjunction with any other letters on any Lot on
any Plat of the Development means the Lot is a waterfront (“WF”) Lot and is
therefore entitled to all rights and subject to all obligations and
restrictions of a “WF” Lot as set forth in this Declaration.
W.
The letters “GC” on any numbered lot on any Plat of the Development means the
Lot is a golf course (“GC”)
2.
MINIMUM DWELLING SIZE. Article III, LAND USE, shall be amended by adding
to Section III. C. 1. the following language:
g.
For Lots in all phases of the Development platted and filed after March 31,
1998, commencing with Heritage Isle, which contain the letter designations “A”
or “GC” on the Plat or Plats, one thousand five hundred (1,500) square feet.
e.
For Lots in all phases of the Development platted and filed after March 31,
1998, commencing with Heritage Isle, which contain the letter designation “B”
on the Plat or Plats, one thousand two hundred fifty (1,250) square feet.
f.
For Lots in all phases of the Development platted and filed after March 31,
1998, commencing with Heritage Isle, which contain the letter designation “C”
on the Plat or Plats, one thousand one hundred (1,100) square feet.
3.
DOCKS. Article IV, RESIDENTIAL RESTRICTIONS, shall be amended by
adding to the end of Section III. N. the following
language:
For Lots in all phases of the Development planed and filed after March 31,
1998, commencing with Heritage Isle, only owners of those Lots with a “WF” designation
on the Plat or Plats, will be permitted to build private covered boat docks.
4.
GOLF COURSE LOTS. Article IV, RESIDENTIAL RESTRICTIONS, shall be further
amended to add the following language as a new Section III.S..
S.
Golf Course Lots. The ACC shall from time to time adopt written rules
and regulations specifically governing the architecture, construction, building
size and aesthetics of residences on Golf Course Lots, including, but no
limited to, requiring the
IN WITNESS WHEREOF, the undersigned,
being the authorized officers of Declarant herein,
has hereunto set their hand and seal this 27
day of April, 1998.
FOUR SEASONS
LAKESITES, INC.
(seal of FOUR
SEASONS
LAKESITES, INC. on record)
By: (Peter N. Brown
signature on record)
Peter N. Brown, Vice President
(David F. Marono
signature on record)
David F. Marano, Asst. Secretary
STATE OF
) S.S.
On this 27 day of April, 1998,
before me, a Notary Public in and for the above said County and State,
personally appeared PETER N. BROWN and DAVID F. MARANO, personally known to me
to be the President and Assistant Secretary, respectively, of Four Seasons
Lakesites, Inc., a Missouri corporation, and did state that the seal affixed to
the foregoing instrument is the corporate seal of said corporation, and that
this Amendment to the Third Amended and Restated Declaration of Restrictive
Covenants was signed and sealed on behalf of said corporation, by authority or
its Board of Directors; and said PETER N. BROWN and DAVID F. MARANO acknowledge
said instrument to be the free act and deed of FOUR SEASONS LAKESITES, INC.
4
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed my official seal the date above written.
Notary Public-State of
Commissioned in
My commission expires:
Jan. 6, 2002 )
)
(Norma Cromer signature on record)
NORMA CROMER, Notary Public
5
AMENDMENT
TO THE
THIRD AMENDED AND RESTATED
DECLARATION
OF RESTRICTIVE COVENANTS
THIS AMENDMENT TO THE THIRD AMENDED AND
RESTATED DECLARATION OF RESTRICTIVE COVENANTS (the “Amendment”) is made this 9th
day of July, 1998, by FOUR SEASONS LAKESITES, INC., a
WHEREAS, Declarant
is the developer of certain real property (the “Development”) situated in
Camden County, Missouri, the plats of which are recorded in the Office of the
Recorder of Deeds of Camden County, Missouri as the following subdivisions:
Kay’s Point No. 1, as recorded in Plat Book 12, Page 57 and as amended; Kay’s
Point No. 2, as recorded in Plat Book 13, Page 41 and as amended; Kay’s Point
No. 3, as recorded in Plat Book 13, Page 82; Kay’s Point No. 4, as recorded in
Plat Book 13, Page 83; Kay’s Point No. 5, as recorded in Plat Book 13, Page 86;
Kay’s Point No. 6, as recorded in Plat Book 13, Page 88; Kay’s Point No. 7, as
recorded in Plat Book 14, Page 35; Kay’s Point No. 8, as recorded in Plat Book
17, Page 23 and as amended; Ridgecrest No. 1, as recorded in Plat Book 14, Page
48; Cornett Cove No. 1, as recorded in Plat Book 14, Page 34; Cornett Cove No.
2, as recorded in Plat Book 14, Page 68; Cornett Cove No. 3, as recorded in
Plat Book 14, Page 92; Cornett Cove No. 4, as recorded in Plat Book 14, Page
93; Cornett Cove No. 5, as recorded in Plat Book 15, Page 81 and as amended;
Cornett Cove No. 6, as recorded in Plat Book 17, Page 22; Cornett Cove No. 7,
as recorded in Plat Book 17, Page 25; Country Club Estates No. 1, as recorded
in Plat Book 15, Page 77; Country Club Estates No. 2, as recorded in Plat Book
15, Page 80; Country Club Estates No. 3, as recorded in Plat Book 17, Page 24
and as amended; Imperial Point, as recorded in Plat Book 17, Page 26 and as
amended; Palisades Point No. 1, as recorded in Plat Book 18, Page 77 and as
amended; Palisades Point No. 2, as recorded in Plat Book 19, Page 42 and as
amended; Palisades Point No. 3, as recorded in Plat Book 20, Page 18 and as
amended; Palisades Point No. 4, as recorded in Plat Book 21, Pages 30 through
33 inclusive; Palisades Point No. 5, as recorded in Plat Book 24, Page l3A;
Equestrian Estates No. 1, as recorded in Plat Book 21, Page 9; Equestrian
Estates No. 2, as recorded in Plat Book 34, Page 28A and as amended; Seasons
Ridge, as recorded in Plat Book 39, Page 24A and as amended; Regency Cove, as
recorded in Plat Book 42, Pages 34A through 34D and as amended; Grand Point, as
recorded in Plat Book 45, Pages 32A through 32P inclusive and as amended; Grand
Point No. 2, as recorded in Plat Book 51, Pages 9A through 9I inclusive; Eagles
Cove, as recorded in Plat Book 56, Pages 50A through 50G inclusive and as
amended; Fox Run, as recorded in Plat Book 59, Pages 30A through 30C inclusive;
and Heritage Isle, as recorded in Plat Book 59, Pages 50A through 50J
inclusive; and
WHEREAS, this Declaration imposes upon
the Development mutually beneficial restrictions under a general plan of
improvement for the benefit of the owners of each portion of the Development,
and establishes a flexible and reasonable procedure for the overall
development, administration, maintenance and preservation of the Development;
and
WHEREAS, Declarant
recorded the original Declaration of Restrictive Covenants dated December 2,
1969 in Book 158, Page 345 in the Office of the Recorder of Deeds of Camden
County, Missouri; and
WHEREAS, Declarant
subsequently amended the original declaration by instrument dated March 10,
1971, recorded in Book 162, Page 780; by instrument dated June 21, 1972,
recorded in Book 168, Page 668; by instrument dated May 31, 1972, recorded in
Book 168, Page 451; by instrument dated August 3, 1973, recorded in Book 175,
Page 534; by instrument dated August 15, 1973, recorded in Book 175, Page 756;
by instrument dated November23, 1973, recorded in Book 177, Page 513; by
instrument dated May 30, 1975, recorded in Book 185, Page 252; by instrument
dated May 30, 1975, recorded in Book 185, Page 253; by instrument dated
September 24, 1975, recorded in Book 187, Page 430; by instrument dated May 25,
1978, recorded in Book 206, Page 428; by instrument dated August 26, 1980,
recorded in Book 225, Page 106; by instrument dated March 18, 1981, recorded in
Book 228, Page 26; by instrument dated August 15, 1981, recorded in Book 231,
Page 510; by instrument dated November 23, 1981, recorded in Book 233, Page
702; by instrument dated August 22, 1984, recorded in Book 261, Page 941; by
instrument dated June 23, 1986, recorded in Book 287, Page 565; by instrument
dated May 14, 1987, recorded in Book 300, Page 155; by instrument dated May 14,
1987, recorded in Book 300, Page 185; by instrument dated February 9, 1988,
recorded in Book 308, Page 269; by instrument dated April 30, 1988, recorded in
Book 311, Page 185; by instrument dated June 1, 1990, recorded in Book 340,
Page 733; by instrument dated April 8, 1993, recorded in Book 379, Page 813; by
instrument dated January 13, 1995, recorded in Book 407, Page 666; by
instrument dated February 5, 1997, recorded in Book 438, Page 209; by
instrument dated February 6, 1998, recorded in Book 454, Page 885; by
instrument dated April 23, 1998, recorded in Book 458, Page 616; and by instrument
dated April 27, 1998, recorded in Book 458, Page 852;
WHEREAS, by instrument dated June 21,
1972, recorded in Book 168, Page 668, Declarant may
amend this Declaration at any time until such time as all lots in the
Development (as defined below) have been sold; and
WHEREAS, Declarant
desires to further amend and restate this Declaration.
NOW, THEREFORE, Declarant
hereby amends this Declaration as follows.
I. Article X. ANNEXATION,
shall be amended by adding the following paragraph as a new subparagraph C:
C. Withdrawal of Property. Declarant reserves the right to amend this Declaration so
long as it has a right to annex additional property pursuant to this Article X,
without prior notice and without the consent of any person, for the purpose of
removing property then owned by Declarant, its
affiliates or the Association from the coverage of this Declaration, to the
extent originally included in error or as a result of any changes in Declarant’s plans for the Development, provided such
withdrawal is not unequivocally contrary to the overall, uniform scheme of
development for the properties in the Development.
IN WITNESS WHEREOF, the undersigned,
being the authorized officers of Declarant herein,
has hereunto set their hand and seal this 9
day of July, 1998.
FOUR SEASONS LAKESITES, INC.
(seal of FOUR
SEASONS
LAKESITES, INC. on record)
By: (Larry B. Cooper signature on record)
Larry B. Cooper, Vice President
ATTEST:
(David F. Marano
signature on record)
David F. Marano,
Asst. Secretary
STATE OF
)
S.S.
On this 9th day
of July, 1998, before me, a Notary Public in and for the above said County and
State, personally appeared LARRY B. COOPER and DAVID F. MARANO, personally
known to me to be the Vice-President and Assistant Secretary, respectively, of
Four Seasons Lakesites, Inc., a Missouri corporation, and did state that the
seal affixed to the foregoing instrument is the corporate seal of said
corporation, and that this Amendment to the Third Amended and Restated
Declaration of Restrictive Covenants was signed and sealed on behalf of said
corporation, by authority of its Board of Directors; and said LARRY B. COOPER
and DAVID F. MARANO acknowledged said instrument to be the free act and deed of
FOUR SEASONS LAKESITES, INC.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed my official seal the date above written.
(Norma Cromer signature on record)
Norma Cromer, Notary Public
(official
Notary seal on record)
My commission expires: Jan. 6,
2002
Norma Cromer
Notary Public-State of
Commissioned in
3
AMENDMENT
TO THE
THIRD AMENDED AND RESTATED
DECLARATION
OF RESTRICTIVE COVENANTS
WITHDRAWING
HERITAGE
THIS AMENDMENT TO THE THIRD AMENDED AND
RESTATED DECLARATION OF RESTRICTIVE COVENANTS (the “Amendment”) is made this 9th day of July, 1998, by
FOUR SEASONS LAKESITES, INC., a
WHEREAS, Declarant
is the developer of certain real property (the “Development”) situated in
Camden County, Missouri, the plats of which are recorded in the Office of the
Recorder of Deeds of Camden County, Missouri as the following subdivisions:
Kay’s Point No. 1, as recorded in Plat Book 12, Page 57 and as amended; Kay’s
Point No. 2, as recorded in Plat Book 13, Page 41 and as amended; Kay’s Point
No. 3, as recorded in Plat Book 13, Page 82; Kay’s Point No. 4, as recorded in
Plat Book 13, Page 83; Kay’s Point No. 5, as recorded in Plat Book 13, Page 86;
Kay’s Point No. 6, as recorded in Plat Book 13, Page 88; Kay’s Point No. 7, as
recorded in Plat Book 14, Page 35; Kay’s Point No. 8, as recorded in Plat Book
17, Page 23 and as amended; Ridgecrest No. 1, as recorded in Plat Book 14, Page
48; Cornett Cove No. 1, as recorded in Plat Book 14, Page 34; Cornett Cove No.
2, as recorded in Plat Book 14, Page 68; Cornett Cove No. 3, as recorded in
Plat Book 14, Page 92; Cornett Cove No. 4, as recorded in Plat Book 14, Page
93; Cornett Cove No. 5, as recorded in Plat Book 15, Page 81 and as amended;
Cornett Cove No. 6, as recorded in Plat Book 17, Page 22; Cornett Cove No. 7,
as recorded in Plat Book 17, Page 25; Country Club Estates No. 1, as recorded
in Plat Book 15, Page 77; Country Club Estates No. 2, as recorded in Plat Book
15, Page 80; Country Club Estates No. 3, as recorded in Plat Book 17, Page 24
and as amended; Imperial Point, as recorded in Plat Book 17, Page 26 and as
amended; Palisades Point No. 1, as recorded in Plat Book 18, Page 77 and as
amended; Palisades Point No. 2, as recorded in Plat Book 19, Page 42 and as
amended; Palisades Point No. 3, as recorded in Plat Book 20, Page 18 and as
amended; Palisades Point No. 4, as recorded in Plat Book 21, Pages 30 through
33 inclusive; Palisades Point No. 5, as recorded in Plat Book 24, Page 13A;
Equestrian Estates No. 1, as recorded in Plat Book 21, Page 9; Equestrian
Estates No. 2, as recorded in Plat Book 34, Page 28A and as amended; Seasons
Ridge, as recorded in Plat Book 39, Page 24A and as amended; Regency Cove, as
recorded in Plat Book 42, Pages 34A through 34D and as amended; Grand Point, as
recorded in Plat Book 45, Pages 32A through 32P inclusive and as amended; Grand
Point No. 2, as recorded in Plat Book 51, Pages 9A through 9I inclusive; Eagles
Cove, as recorded in Plat Book 56, Pages 50A through 50G inclusive and as
amended; Fox Run, as recorded in Plat Book 59, Pages 30A through 30C inclusive;
and Heritage Isle, as recorded in Plat Book 59, Pages 50A through 50J
inclusive; and
WHEREAS, this Declaration imposes upon
the Development mutually beneficial restrictions under a general plan of
improvement for the benefit of the owners of each portion of the Development,
and establishes a flexible and reasonable procedure for the overall
development, administration, maintenance and preservation of the Development;
and
WHEREAS, Declarant
recorded the original Declaration of Restrictive Covenants dated December 2,
1969 in Book 158, Page 345 in the Office of the Recorder of Deeds of Camden
County, Missouri; and
WHEREAS, Declarant
subsequently amended the original declaration by instrument dated March 10,
1971, recorded in Book 162, Page 780; by instrument dated June 21, 1972,
recorded in Book 168, Page 668; by instrument dated May 31, 1972, recorded in
Book 168, Page 451; by instrument dated August 3, 1973, recorded in Book 175,
Page 534; by instrument dated August 15, 1973, recorded in Book 175, Page 756;
by instrument dated November 23, 1973, recorded in Book 177, Page 513; by
instrument dated May 30, 1975, recorded in Book 185, Page 252; by instrument
dated May 30, 1975, recorded in Book 185, Page 253; by instrument dated
September 24, 1975, recorded in Book 187, Page 430; by instrument dated May 25,
1978, recorded in Book 206, Page 428; by instrument dated August 26, 1980,
recorded in Book 225, Page 106; by instrument dated March 18, 1981, recorded in
Book 228, Page 26; by instrument dated August 15, 1981, recorded in Book 231,
Page 510; by instrument dated November 23, 1981, recorded in Book 233, Page
702; by instrument dated August 22, 1984, recorded in Book 261, Page 941; by
instrument dated June 23, 1986, recorded in Book 287, Page 565; by instrument
dated May 14, 1987, recorded in Book 300, Page 155; by instrument dated May 14,
1987, recorded in Book 300, Page 185; by instrument dated February 9, 1988,
recorded in Book 308, Page 269; by instrument dated April 30, 1988, recorded in
Book 311; Page 185; by instrument dated June 1, 1990, recorded in Book 340,
Page 733; by instrument dated April 8, 1993, recorded in Book 379, Page 813; by
instrument dated January 13, 1995, recorded in Book 407, Page 666; by
instrument dated February 5, 1997, recorded in Book 438, Page 209; by
instrument dated February 6, 1998, recorded in Book 454, Page 885; by
instrument dated April 23, 1998, recorded in Book 458, Page 616; by instrument
dated April 27, 1998, recorded in Book 458, Page 852; and by instrument dated
as of even date, recorded in Book 462, Page 829;
WHEREAS, by instrument dated June 21,
1972, recorded in Book 168, Page 668, Declarant may
amend this Declaration at any time until such time as all lots in the
Development (as defined below) have been sold;
WHEREAS, Four Seasons Lakesites, Inc.
filed the Heritage Isle Plat in Plat Book 59, Pages 50A through 50J, in the
records of the Office of the Recorder of Deeds, Camden County, Missouri; and
WHEREAS, Four Seasons Lakesites, Inc.
filed a Supplemental Declaration to the Third Amended and Restated Declaration
of Restrictive Covenants of Four Seasons Lakesites, Inc. annexing Heritage Isle
Subdivision, which Supplemental Declaration is filed in Book 458, Page 616 in
the records of the Office of the Recorder of Deeds, Camden County, Missouri;
WHEREAS, Four Seasons Lakesites, Inc.
desires to file an amended the plat of Heritage Isle Subdivision and believes it
to be in the best interests of the Development to withdraw Heritage Isle as
recorded on the original plat from the Development prior to recording such
amended plat; and
WHEREAS, Declarant
desires to further amend and restate this Declaration.
NOW, THEREFORE, Declarant
hereby amends this Declaration as follows.
1. The following real property is
hereby withdrawn from the Development:
Heritage
2. The Supplemental Declaration to the
Third Amended and Restated Declaration of Restrictive Covenants of Four Seasons
Lakesites, Inc. annexing Heritage Isle Subdivision filed in Book 458, Page 616
in the records of the Office of the Recorder of Deeds, Camden County, Missouri
is hereby vacated and made void.
IN WITNESS WHEREOF, the undersigned,
being the authorized officers of the Declarant, Four
Seasons Lakesites, Inc., have hereunto set their hands and seal this 9 day of July, 1998.
FOUR SEASONS
LAKESITES, INC.