Section 3.34 Declaration of Restrictions—Form

• Library: Urban Development, Subdivisions, and Annexations 2011 Froms

(Subdivision Name) Declaration of Restrictions

This Declaration, made as of the _____ day of __________, 20___, by ___________________, [a __________] (“Developer”)

Witnesseth:

Whereas, Developer has executed and filed with the Recorder of Deeds of ________________ County, Missouri, a plat of the subdivision known as “__________”; and

Whereas, such plat creates the subdivision of __________, composed, in part, of the following described lots and tracts:

Lots __________ through __________ of Block __________, [and Lots __________ through __________ of Block __________ (etc.)] of __________, a subdivision in the City of __________, __________ County, Missouri, according to the recorded plat thereof;

and

Whereas, Developer, as the present owner and developer of the above-described lots, desires to place certain restrictions on such lots to preserve and enhance the value, desirability, and attractiveness of the development and improvements constructed thereon and to keep the use thereof consistent with the intent of the Developer, all of which restrictions shall be for the use and benefit of the Developer and its future grantees, successors, and assigns;

Now, therefore, in consideration of the premises contained herein, Developer, for itself and for its successors and assigns, and for its future grantees, hereby agrees and declares that all of the above-described lots shall be, and they hereby are, restricted as to their use and otherwise in the manner hereinafter set forth.

1. Definitions. For purposes of this Declaration, the following definitions shall apply:

(a) “Approving Party” shall mean (i) before the recording of the Certificate of Substantial Completion, the Developer (or its designees from time to time) and (ii) after the recording of the Certificate of Substantial Completion, the Homes Association

(b) “Architectural Committee” shall mean (i) before the recording of the Certificate of Substantial Completion, the Developer (or its designees from time to time) and (ii) on and after the recording of the Certificate of Substantial Completion, a committee made up of __________ members of the Homes Association who shall be appointed by the Board

(c) “Board” shall mean the Board of Directors of the Homes Association

(d) “Certificate of Substantial Completion” shall mean a certificate executed, acknowledged, and recorded by the Developer stating that all, or at the Developer’s discretion, substantially all, of the Lots in the District (as then composed or contemplated by the Developer) have been sold by the Developer and the residences to be constructed thereon are substantially completed

(e) “Common Areas” shall mean (i) street rights-of-way, (ii) streets and street islands, (iii) gateways, entrances, monuments, berms, and other ornamental areas and related utilities, street lights, sprinkler systems, and landscaping constructed or installed by or for the Developer at or near the entrance of any street or along any street, and any easements related thereto, and (iv) all other areas and places, together with all improvements thereon and thereto, that are intended for the use, benefit, or enjoyment of all of the Owners within the District, whether or not any “Common Area” is located on any Lot, all as shown on the recorded plat of all or part of the District.

(f) “Developer” shall mean and refer to _________ __________, [a __________,] and __________ [heirs/successors] and assigns.

(g) “District” shall mean all of the above-described lots in __________, all Common Areas, and all additional property that hereafter may be made subject hereto in the manner provided herein.
(h) “Exterior Structure” shall mean any structure or other improvement erected or maintained on a Lot other than the main residential structure or any structural component thereof, and shall include, without limitation, any deck, gazebo, greenhouse, doghouse or other animal shelter or run, outbuilding, fence, patio wall, privacy screen, boundary or retaining wall, bridge, patio enclosure, tennis court, paddle tennis court, swimming pool, hot tub, basketball goal, swingset, trampoline, sandbox, playhouse, treehouse, or other recreational or play structure.

(i) “Homes Association” shall mean the Missouri not-for-profit corporation to be formed by the Developer for the purpose of serving as the homes association for the District.

(j) “Lot” shall mean any lot shown as a separate lot on any recorded plat of all or part of the District.

(k) “Owner” shall mean the record owner in fee simple of any Lot, including the Developer, and for purposes of all obligations of the Owner hereunder, shall include, when appropriate, all family members and tenants of such Owner and all of their guests and invitees.

(l) “Street” shall mean any public street, road, terrace, circle, boulevard, or cul-de-sac shown on any recorded plat of all or part of the District.

2. Use of Land. None of the Lots may be improved, used, or occupied for other than single-family, private residential purposes, and no duplex, flat, boarding house, rooming
house, apartment house, or other multi-family or multi-unit residential structure, or any nonresidential structure or other improvement (except Exterior Structures approved by
the Architectural Committee) may be erected thereon. No more than one single-family residence shall be located on any Lot. All residences in the District shall be of new construction on-site; no residential building that has previously been at another location shall be moved onto any Lot, and no “prefabricated,” “modular,” or “manufactured” or otherwise preassembled or preconstructed homes or structures of any nature or kind whatsoever (except Exterior Structures approved by the Architectural Committee) shall be permitted. No camper, trailer, mobile home, vehicle, tent, outbuilding, Exterior Structure, or any other apparatus or structure whatsoever, except the permanent residence, shall at any time be used for human habitation, temporarily or permanently, nor shall any residence or...