New Mark First Pool Covenants and Restrictions
Declaration of
Restrictions, New Mark
Section 1 – Persons Bound by These
Restrictions
Section 2 - Use of the Land
Section 3 - Frontage of Residents on
Streets
Section 4 - Ground Frontage Required
Section 5 - Setback of Residences
from Streets and Side Lines
Section 6 - Height of Residences
Section 7 - Required Size of
Residences
Section 8 - Approval of Design and
Location
Section 9 - Exterior Appearance
Section 9.1 - Exterior Antennas
Section 10 - Fences
Section 11 - Location of Utilities -
Connections
Section 12 - Temporary and
Outbuildings Prohibited
Section 13 - Livestock and Poultry
Prohibited
Section 14 - Signs and Billboards
Prohibited
Section 15 - Storage Tanks
Prohibited
Section 16 - Automobile Repair and
Storage of Automobiles, Trailers, etc. Prohibited
Section 17 - Nuisances
Section 18 - Duration of
Restrictions
Section 19 - Right to Enforce
Section 20 - Effect or Invalidity of
a Portion of this Declaration
Section 21 - Homes Association
Declaration
Additional
Restriction of New Mark First Pool Association
New
Mark First Pool Association Declaration (as amended)
Article I: Definitions
Article II: Membership and Voting
Rights
Article III: Additional Lands. How
They May Be Added
Article IV: Management of The Association
Article V: Powers, Rights, and
Duties of the Association
Article VI: Assessments
Article VII: Additional Powers Given
to the Association
Article VIII: To Observe All Laws
Article IX: Covenants Running with
the Land
Article X: Special Meetings
Article XI: Termination
Acknowledgment
Declaration
of Restrictions, New Mark
This Declaration of Restrictions is
made this 12th day of February, 1969, by Bleakley-New
Mark Development, Inc., a corporation, the owner of all property in New Mark, a
subdivision of land in Kansas City, Clay County, Missouri, according to the
recorded plat thereof.
Witnesseth:
WHEREAS, Bleakley-New
Mark Development, Inc. is vested with the fee simply title to a certain tract
of land situated in Clay County, Missouri;
WHEREAS, Bleakley-New
Mark Development, Inc., has heretofore executed a plat of New Mark which is now
recorded in the office of the Recorder of Deeds in and for the County of Clay,
State of Missouri;
WHEREAS, Bleakley-New
Mark Development, Inc., has heretofore dedicated all of the streets, roads,
terraces and drives shown on said plat of New Mark for use by the public for
streets or roads;
WHEREAS, Bleakley-New
Mark Development, Inc., intends to improve and develop a portion of the
above-described subdivision for high-class residential purposes with
single-family residences;
NOW, THEREFORE, for itself and for
its successors and assigns and for its and their future grantees, Bleakley-New Mark Development, Inc. hereby declares that
the lands specifically designed below as shown on the recorded plat of New Mark
shall be and hereby are restricted as to their use in the manner hereinafter
set forth.
For the purpose of these
restrictions:
The term "Developer" shall
mean Bleakley-New Mark Development, Inc., its
successors and assigns.
The term "Street" shall
mean any street, road, or drive which is shown on the plat of New Mark.
The term "Out Building" shall
mean an enclosed, covered structure not directly attached to the residence to
which it is appurtenant.
The term "Lot" shall mean
either (1) any lot as shown on the plat of New Mark or (2) any tract or tracts
of land as conveyed, consisting of one or more lots or part or parts of one or
more lots as platted, upon which a residence may be erected in accordance with
the restriction hereinafter established, or as established in individual deeds
from Bleakley-New Mark Development, Inc., or from its
successors and assigns.
The term "Corner Lot"
shall be deemed to mean any lot as platted or any tract of land as conveyed
having more than one street contiguous to it. The street
upon which the lot or part thereof fronts, as shown on the plat of New Mark,
shall be deemed to be the front street, and any other street contiguous to such
corner lot shall be deemed a side street. Houses on corner lots may be set
diagonally thereon.
The "Front Building Line"
shall be deemed to be that line parallel to the front street as shown on the
recorded plat of New Mark.
Section 1 -
Persons Bound by These Restrictions
All persons or corporations who now
own or shall hereafter acquire any interest in the residential lots numbered:
Lots 1 through and including 27 of
Block 1.
Lots 1 through and including 22 of
Block 2.
Lots 1 through and including 27 of
Block 3.
Lots 1 through and including 22 of
Block 4.
Lots 1 through and including 5 of
Block 5.
Lots 1 through and including 16 of
Block 6.
Lots 1 through and including 31 of
Block 7.
Lots 1 through and including 24 of
Block 8.
Lots 1 through and including 32 of
Block 9.
Lots 1 through and including 40 of
Block 10.
Lots 1 through and including 16 of
Block 11.
as shown on the recorded plat of New
Mark, a subdivision of land in Kansas City, Clay County, Missouri, shall be
taken to hold and agree and covenant with the owner of said lots, and with its
successors and assigns, to conform to and observe the following covenants,
restrictions and stipulations as to the use thereof and the construction of
residences and improvements thereon for a period of time ending on December 31,
1990, provided, however, that each of said restrictions shall be renewable in
the manner hereinafter set forth.
None of the lots referred to in
Section 1 hereof shall be used or occupied for other than single-family
residence purposes. Any residence erected or maintained on any of said lots
shall be designed for occupancy by a single family.
Section 3 -
Frontage of Residents on Streets
Any residence erected wholly or
partially on a lot which is not a corner lot shall front on the front building
line. Any residence erected on a corner lot shall front on the front building
line and shall present a good appearance on the side building line as shown on
said plat; provided, however, that any residence erected on a corner lot may be
set diagonally thereon.
Section 4 -
Ground Frontage Required
No dwelling may be erected upon any
lot herein described except upon a lot or lots or part or parts thereof with a
street frontage of not less than the number of feet as shown on the recorded
plat; proved that the Developer shall have and does hereby reserve the right in
the sale and conveyance of any of the lots bound by these restrictions to
reduce the required frontage to be used with any residence on any lot, and the
Developer may, aat any time thereafter, with the
consent in writing of the then record owner of the fee simple title to any such
lot, change any required frontage herein specified or established by the
conveyance of said lot; however, no change may be made at any time that will
reduce the required frontage of land to be used and maintained with any
residence erected theron [sic] more than a ten (10)
feet below the minimum number of feet required for such residence as set forth
above.
Section 5 -
Setback of Residences from Streets and Side Lines
No part of any residence, except
fireplace chimneys, porches, driveways and walk, may be erected or maintained on
any of said lots nearer to the front street of the side street than the front
building line or the side building line, respectively, as shown on the plat of
New Mark. No part of any residence, except as provided in Section 10 dealing
with fences, may be erected closer to the side lines of any lot than is allowed
by the zoning ordinances of the City of Kansas City, Missouri. Provided,
however, that the Developer may at any time hereafter with the consent in
writing of the then record owner of the fee simple title to any such lot,
change any building line that is shown on said plat. Provided further that no
change shall be made at any time which will permit the erection or maintenance
of any residence on any lot more than five (5) feet nearer to the front street
or five (5) feet nearer to a side street than is the front building line or the
side building line as shown on said plat.
Section 6 -
Height of Residences
No residence erected on any of lots
hereby restricted may exceed two and one-half (2 1/2) stories, nor be less than
one full story in height without the written permission of the Developer.
Section 7 -
Required Size of Residences
Any single-family residence erected
on any of the lots hereby restricted shall contain not less than one thousand
(1000) square feet of total floor area, exclusive of porches, breezeways,
basements, attics, or attached garages; provided, however, that the Developer
shall have and does hereby reserve the right in the sale or conveyance of any
said lots to change the required size of the residence to be erected on said
lots.
Section 8 -
Approval of Design and Location
No construction shall be commenced
upon any building, nor shall any building be moved upon any lot, until the
exterior design and materials to be used are first approved in writing by the
Developer. The Developer does hereby reserve the right to determine the
location of all buildings on the respective lot or lots, as well as the
relation of the top of the foundation to the street level. All such approvals
shall be in writing.
Section 9 - Exterior Appearance
No building shall be permitted to
stand with its exterior in an unfinished condition for longer than nine (9)
months after the commencement of construction. In the event of fire, windstorm
or other damage, the exterior of no building shall be permitted to remain in a
damaged condition for longer than three (3) months.
Section 9.1 - Exterior Antennas
(See "Additional Restriction of
New Mark First Pool Association" below.)
No fence of any kind or description
shall be erected on any lot unless and until the location, height and material
to be used have been approved in writing by the Developer. Any person desiring
to construct a fence on any lot shall submit to the Developer a written request
for permission to construct a fence. The request shall state the name and
address of the owner of the lot on which the proposed fence is to be
constructed and the location, height, and materials to be used in constructing
the fence. The Developer shall, within thirty (30) days after the date on which
such request is received, give to the owner of the property its written
approval or disapproval of the request. In the event that the Developer shall
fail to give such written approval or disapproval with such thirty day period,
then permission to construct the fence described in the notice shall be deemed
to have been granted. It is expressly provided, however, that no fence to be
constructed along the boundary line of any lot shall exceed four (4) feet in
height.
Section 11 -
Location of Utilities - Connections
The Developer shall have and does
hereby reserve the right to locate, erect, construct, maintain and use, or
authorize the location, erection, construction, maintenance and use of, drains,
sanitary and storm sewers, gas and water mains and lines, telephone and
electric lines, and other utilities, and to give or grant right-of-way, or
easements therefore over and upon any part of said land reserved for utility
easements on the recorded plat. No connection of any kind shall be made to any
sewer line without prior inspection and approval by the Developer, and all
storm and sanitary sewer construction and connections shall conform to the then
current rules and regulations of the Sewer district within which the subdivision
lies.
Section 12 -
Temporary and Outbuildings Prohibited
No outbuilding or other detached
structure appurtenant to a residence may be erected on any of said lots without
the written consent of the Developer. Nor may any temporary
or incompleted [sic] building, nor any
automotive equipment, trailer, garage or appurtenance incident to a family
dwelling be erected, maintained, or used for residential purposes, either
temporarily or permanently.
Section 13 -
Livestock and Poultry Prohibited
No livestock or poultry may be kept
or maintained on any of said lots without the consent in writing of the
Developer provided, however, that there may be maintained upon any one lot at
any one time no more than two (2) dogs and two (2) cats over twelve (12) weeks of
age, and no more than six (6) rabbits.
Section 14 -
Signs and Billboards Prohibited
No signs, advertisements, billboards
or advertising structures of any kind may be erected or maintained on any of
said lots without the consent in writing of the Developer; provided, however,
that not more than one advertising sign may be erected and maintained on each
lot or tract sold and conveyed. Such advertising sign shall not be more than
five (5) square feet in size and it may be used for the sole and exclusive purpose
of advertising for sale or lease the lot or tract upon which it is erected.
Section 15 -
Storage Tanks Prohibited
No tanks for the storage of fuel may
be maintained above the surface of the ground on any of the lots hereby
restricted.
Section 16 -
Automobile Repair and Storage of Automobiles, Trailers, etc. Prohibited
There shall be no automobile repair
conducted on any of the lots bound by these restrictions. No automobiles,
trailers, campers or boats shall be stored or kept outside of any residence constructed
on the lots subject to these restrictions without prior written approval of the
Developer.
No noxious or offensive activity
shall be carried on upon any lot, nor shall anything be done on any lot which is
or may become an annoyance or nuisance to the neighborhood.
Section 18 -
Duration of Restrictions
The restrictions herein set forth
shall continue to be binding upon the Developer and upon its successors and
assigns until December 31, 1990, and shall automatically be continued
thereafter for successive periods of five (5) years each, provided, however,
that the owners of the fee simple title to more than sixty percent (60%) of the
lots bound by these restrictions may release all or any part of the restrictions
herein set forth, on December 31, 1990, or at the end of any successive
five-year period thereafter, by executing and acknowledging an appropriate
agreement or agreements in writing for each purpose and filing same for record
in the office of the Recorder of Deeds of Clay County, Missouri, prior to
December 31, 1990.
The restrictions herein set forth
shall run with the land and bind the present owner and its successors and
assigns, and all parties claiming by, through or under it shall be taken to
hold, agree and covenant with the owner of the lots hereby restricted, and with
its successors and assigns, to conform to and observe said restrictions as to
the use of said lots and the construction of improvements thereon, but no
restriction herein set forth shall be personally binding on any corporations,
person or persons, except in respect to breaches committed during its, his or
their seisin of, or title to said land; and the
Developer and the owner or owners from time to time of any of the lots hereby
restricted, shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of or enforce the observance of
the restrictions above set forth, in addition to ordinary legal actions for damages;
and the failure of the Developer or any owner or owners from time to time of
any lot or lots in this subdivision, to enforce any of the restrictions herein
set forth at the time of its violation shall in no event be deemed to be a
waiver of the right to do so thereafter.
Section 20 -
Effect or Invalidity of a Portion of this Declaration
Invalidation of any one or more of
the foregoing restrictions or covenants by judgment or court order shall in no
manner affect any of the other provisions herein, and all such other provisions
shall remain in full force and effect.
Section 21 -
Homes Association Declaration
To insure the continuous availability of certain services
and convenience for New Mark property owners, and to provide the means for the
creation and maintenance of a residential neighborhood possessing features of
more than ordinary value, all lots in the New Mark development subject to these
restrictions are also subject to a Homes Association
Declaration which is duly filed of record.
IN WITNESS WHEREOF, Bleakley-New Mark Development, Inc., by authority of its
Board of Directors, has caused these presents to be executed by its President
and its corporate seal to be hereto affixed this 12th day of February, 1969.
Additional
Restriction of New Mark First Pool Association
The Board of Directors of the New
Mark First Pool Association at a meeting held on December 21, 1975, and the
Board of Directors of New Mark First Home Association at a meeting held on
December 27, 1975, adopted a resolution approving a proposed plan of merger as
well as approving the following restriction in addition to the Declaration of
Restrictions of New Mark dated February 12, 1969, in Book 1101 at page 979.
The Plans of Merger and the
following additional restriction were approved by the members of New Mark First
Pool Association and New Mark First Homes Association at the special meeting of
the members of said Associations on January 24, 1976. New Mark First Pool
Association would be the surviving corporation.
The Articles of the Merger were
filed and Certificate of Merger was issued on April 19, 1976, and was recorded
in the Office of Recorder of Deeds of Clay County, Missouri, on May 14, 1976,
in Book 1215 at page 472, under document No. D27065.
The additional restriction is as
follows:
"No exterior television or
radio antenna of any sort shall be erected or maintained on any lot. In the
event a home does not have, in the judgment of the Association, adequate room
for placement in the attic or concealed area, this rule can be waived in
writing by the Association."
IN WITNESS WHEREOF, New Mark First
Pool Association, by the authority of its Board of Directors, has caused these
presents to be executed by its President and its corporate seal to be hereto
affixed.
New
Mark First Pool Association Declaration
(as amended)
This Declaration is made this 12th
day of February, 1969, (amended September 25, 1970, July 30, 1971, and April
25, 1976) by Bleakley-New Mark Development, Inc., a
corporation, hereafter referred to as "Developer".
The Board of Directors of The New
Mark First Pool Association at a meeting held on December 21, 1975, and the
Board of Directors of New Mark First Homes Association at a meeting held on
December 27, 1975, adopted a resolution approving a proposed plan of merger as
well as approving a number of proposed amendments to the New Mark First Pool
Association Declaration and The New Mark Homes Association Declaration.
The plans of merger were approved by
the members of New Mark First Pool Association and New Mark First Homes
Association at the special meeting of the members of said Associations on
January 24, 1976. New Mark First Pool Association would be the surviving
corporation.
The Articles of Merger were filed and
Certificate of Merger was issued on April 19, 1976, and New Mark First Pool
Association is the surviving corporation.
The Board of Directors of the New
Mark First Pool Association at a meeting held on September 13, 1981, adopted a
resolution to further amend the Declaration of said Association and to present
the amended Declaration to the Association members for approval at the
Association's annual meeting to be held January 10, 1982.
The Amendment is to amend the New
Mark First Homes Association Declarations filed for record in the Office of the
Recorder of Deeds of Clay County, Missouri, on March 10, 1969, in Book 1011, at
page 987, under Document Number C-31896, and on October 26, 1970, in Book 1048,
at page 532, under Document Number C-48752, and on August 27l, 1971, in Book
1069, at page 450, under Document C-58342. this amendment is also to amend the
New Mark First Pool Association Declaration filed for record in the Office of
the Recorder of Deeds, Clay County, Missouri, on March 10, 1969, in Book 1012,
page 13, under Document Number C-31898, and on October 26, 1970, in Book 1048,
page 536, under Document Number C-48753, and on August 27, 1971, in Book 1069,
page 431, under Document Number C-58339, and on June 3, 1976, in Book 1217,
page 726, under Document Number D-28118.
WHEREAS, the Developer is the owner
of a tract of land located in Kansas City, Clay County, Missouri, which tract
of land the Developer intends to develop and improve in general accord with the
certain Community Unit Project Plan approved by the City Council of Kansas
City, Missouri, by Ordinance No. 35548 passed on the 6th day of September,
1968, hereafter referred to as the "Plan";
WHEREAS, the Developer has caused
that portion of the property encompassed by the aforementioned Community Unit
Project Plan and referred to on said Plan as "Stage 1" to be laid out
and platted as New Mark, a subdivision of land in Kansas City, Clay County,
Missouri, which plat has been duly filed for record as Document No. C-28650 in
the Office of the Recorder of Deeds for Clay County, Missouri, in Plat Book 13
at pages 22 through 23, inclusive;
WHEREAS, the Developer intends that
portions of the property platted as New Mark ("Stage1" of the
aforementioned Community Unit Project Plan) will be developed with
single-family residences;
WHEREAS, the Developer intends to
construct a clubhouse and pool facilities on Tract C, New Mark, and to convey
said clubhouse and pool facilities to the New Mark First Pool Association, a
Missouri not for profit corporation, to hold and maintain for the benefit of
the owners and occupiers of the aforementioned single-family residences; and
WHEREAS, the New Mark First Pool
Association joins in the execution and filing of this Declaration for the
purpose of accepting the duties and obligations imposed on it by the terms
hereof;
Now, therefore, the Developer does
by these presents subject the following described Lots, to the Covenants,
Charges and Assessments hereinafter set forth, to-wit:
Lots 1 through and including 27 of
Block 1,
Lots 1 through and including 22 of
Block 2,
Lots 1 through and including 27 of
Block 3,
Lots 1 through and including 22 of
Block 4,
Lots 1 through and including 5 of
Block 5,
Lots 1 through and including 16 of
Block 5,
Lots 1 through and including 31 of
Block 7,
Lots 1 through and including 24 of
Block 8,
Lots 1 through and including 32 of
Block 9,
Lots 1 through and including 40 of
Block 10,
Lots 1 through and including 16 of
Block 11,
New Mark, a subdivision of land in
Kansas City, Clay County, Missouri, according to the recorded Plat thereof.
1.1 Association. "Association" shall mean
the New Mark First Pool Association, a Missouri Not For
Profit corporation, its successors and assigns.
1.2 Developer, "Developer"
shall mean Bleakley-New Mark Development, Inc., a
Missouri corporation, its successors and assigns.
1.3 Plan.
"Plan" shall mean the
Community Unit Project Plan approved by the City Council of Kansas City,
Missouri, by Ordinance No. 35548, which Ordinance was passed the 6th day of
September, 1968.
1.4 Lot.
"Lot" shall mean those
single-family residential Lots, including any part or parts thereof, which are
from time to time made subject to the terms of this Declaration.
1.5 Improved Lot. "Improved Lot" shall mean
any Lot, or part or parts thereof, on which a residence not in violation of the
restrictions then of record thereon is erected or in the process of erection.
All other Lots covered by this Declaration shall be deemed to be
"vacant" and "unimproved."
1.6 Owners.
"Owners" shall mean those
persons, firms or corporations other than the Developer, who or which may from
time to time hold record title to a Lot or Lots subject to the terms of this
Declaration, provided, however, that where, pursuant to a financing
arrangement, record title to a Lot is in a mortgagee, the term
"Owners" shall mean the mortgagor, and where, pursuant to a financing
arrangement, record title to property is in a trustee, the term
"Owners" shall mean the settlor or grantor who executed the deed of
trust.
1.7 Public Places.
"Public Places" shall mean all
parking areas located in public street rights-of-way, all parks situated at
street intersections and elsewhere, all cu-de-sac and other roadway islands;
and all similar places the use of which is dedicated to or set aside for the
use of the general public.
1.8 Association Property.
"Association Property" shall
mean all real property owned from time to time by the Association. The
Developer intends to erect a swimming pool and certain other improvements on Tract
C, New Mark, and then to convey said property to the Association free and clear
of all liens and encumbrances. By the execution hereof, the Association
Covenants and agrees that it shall accept title to said Tract C; and it further
agrees that it shall hold, maintain and improve said property for the common
use and benefit of the members of the Association and occupiers of land owned
by members of the Association.
1.9 A Living Unit. "Living Unit" Means a
single-family residence which is designed for occupancy by a single family.
1.10 Members. "Members" shall mean
Members of the Association. Members of the Association shall include (A) the
developer, (B) the Owners of single-family residential Lots subject to the
terms of this Declaration.
In order that the Association shall
have funds with which to carry out the powers and duties provided for by this
Declaration the Association shall have the power to levy Assessments against
the Lots owned by each Member of the Association, which Assessment shall be levied
on the basis of the number of Lots owned by such Member. In the event that an
Assessment is not paid by a Member, the Association shall have a lien on the
Lot of the non-paying Member.
Article II: Membership and Voting Rights
2.1 Members. Every owner of a Lot which is
subject to Assessment shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is
subject to Assessment.
2.11 Limitation of Membership.
Membership in the Association shall be
limited to the Owners of Lots in S-1 and S-2, otherwise known as "Brooking
North" and "Brooking South."
2.2 Voting Rights of Members.
Owners shall be entitled to cast one
vote for each Lot, which they own subject to the terms of this Declaration, but
in no event shall more than one vote be cast for each Lot.
2.3 Easement of Enjoyment.
Every owner shall have a right and
easement of enjoyment in and to the common area which shall be appurtenant to
and shall pass with the title to every Lot, subject to the following
provisions:
(A) The right of the Association to
charge reasonable admission and other fees for the use of any recreational
facility situated upon the common area;
(B) The right of the Association to
suspend the voting rights and right to use of the recreational facilities by an
owner for any period during which any Assessment against his Lot remains
unpaid; and for a period not to exceed 60 days for any infraction of its
published rules and regulations;
(C) The right of the Association to
dedicate or transfer all or any part of the common area to any public agency,
authority, or utility for such purposes and subject to such conditions as may
be agreed to by the Members. No such dedication or transfer shall be effective
unless an instrument signed by two-thirds (2/3) of Members agreeing to such
dedication or transfer has been recorded.
Article III: Additional Lands, How They May Be Added
3.1 Addition of Land by Vote of
Members. Additional lands may
be added to the Association from time to time and the Association may also
unite or combine with other homes Associations, provided that the addition of
such lands or the uniting or combining with other homes Associations, as the
case may be, is first approved by a two-thirds (2/3) majority vote of the Members
voting at a meeting of the Members of the Association duly called as
hereinafter provided.
The vote of the Members as required
by this section shall be taken at either the annual meeting or at a special
meeting of the Members. If a special meeting is to be held, written or printed
notice stating the place, day and hour of the meeting and the purpose or
purposes for which the meeting is called shall be delivered not less than five
(5) nor more than forty (40) days before the date of the meeting either
personally or by mail.
Article IV: Management of The
Association
The Association shall be managed by
a Board of Directors of not less than five (5) in number and elected in
accordance with the Article of Incorporation and by-laws of the Association.
Article V: Powers, Rights, and Duties of the
Association
5.1 Discretionary Powers and Duties.
The Association shall have the following
powers and rights which can be exercised and assumed at its discretion:
5.101 Enforcement of Building
Restrictions. The Association can enforce any or all
building restrictions which have been imposed or which may hereafter be imposed
upon any of the land subject to this Declaration. Said building restrictions
may be enforced either in the form in which they were originally placed on such
property or as modified subsequent thereto. However, nothing contained herein
shall be deemed to prevent the owner of any such property from enforcing any
building restrictions in his own name; the right of enforcement shall not serve
to prevent such changes, releases, or modifications of the restrictions or
reservations placed upon such property by any party having the right to make
such changes, releases or modifications in the deeds, contracts, or plats in
which such restrictions and reservations are set forth; and the right of
enforcement shall not have the effect of preventing the assigment
of those rights by the proper parties wherever and whenever such right of
assignments exists. The expense and costs of any enforcement proceedings
initiated by the Association shall be paid out of the general fund of the
Association as hereafter provided for. These costs shall be charged to the
owner involved and constitute a lien on the Lot or Lots involved.
5.102 Exercise Easements.
The Association can exercise the rights
and control over such easements as it may acquire from time to time.
5.103 Rules and regulations with
respect to the use of facilities on Association Property.
The Association can adopt and enforce
rules and regulations relating to the use of structures or facilities which may
exist or be erected from time to time on Association Property and establish
charges for the use of such facilities and structures.
5.104 Suspend voting rights and
rights of Members to use facilities. The Association can suspend the voting rights
of Members and their rights to use facilities located on Association Property
for any period during which Assessments levied and due from such member and
against his Lot remain unpaid and suspend for a maximum of 60 days such member's
rights to use recreational facilities located on Association Property for an
infraction of published rules and regulations of the Association.
5.105 Defend and Bring Lawsuits.
The Association can employ counsel and
institute and prosecute such suits as the Association may deem necessary or
advisable and defend suits brought against the Association.
5.106 Make Contracts and Employ
Agents. The Association can
employ from time to time such agents, servants, and laborers as the Association
may deem necessary in order to exercise the powers, rights and privileges
granted to it and make contracts.
5.2 Mandatory Powers and Duties.
The Association shall exercise the
following powers, rights and duties:
5.201 Maintenance of Public Places.
The Association shall now, resow grass, care for and maintain Public Places including
but not limited to parking areas located in the public street rights-of-way,
parks situated at street intersections and all cul-de-sac and other roadway
islands. The Association shall remove weeds and grass from Public Places; pick
up and remove therefrom loose material, rubbish, filth and accumulations of
debris, and do any other thing necessary or desirable in the judgment of the
Association to keep such Public Places in neat appearance and in good order.
5.202 Maintenance of Association
Property. The Association
shall mow and resow the lawns and care for, spray,
trim, protect, plant and replant trees and shrubs growing on all property which
may, from time to time, belong to the Association; pick up and remove from such
property all loose material, rubbish, filth and accumulations of debris; and do
any other thing necessary or desirable in the judgment of the Association to
keep all such property in neat appearance and in good order.
5.203 Maintenance of Vacant Lots and
Unattended Homes. It shall be the responsibility of the
respective Owners to mow, care for, and carry away from all vacant, unimproved
lots and unattended homes all weeds and unsightly grasses or other growth,
rubbish, filth and accumulations of debris, and other things tending to create
unsightliness or untidiness should it become necessary for the Association to
pay for any of the above care or maintenance for an owner such cost or expense
be charged to owner involved and shall constitute a lien on the Lot or Lots
involved.
5.3 Special Rights and Powers.
The Association shall have the power and
right to build or construct on land to which the Association holds title
facilities for the benefit of the Owners and occupiers of the land subject to
the terms of this Declaration; Provided, that the building or construction of
such facilities if first approved by a two-thirds (2/3) majority of the Members
of the Association voting at either the annual or at a special meeting of the
Members. Special meetings shall be called pursuant to the provisions of the
Article VII hereof.
[6.1 Imposition of Regular
Assessments. For the purpose of providing a
general fund to enable the Association to perform and exercise the rights,
powers and duties set out in Article V hereof, all Lots subject to this
Declaration shall be subject to an annual Assessment based upon the anticipated
total annual cost of the Association in carrying out the powers and duties provided
for in Article V above divided by the number of Lots subject to this
Declaration. Assessments on all Lots shall commence on the first day of the
month following conveyance of the common area to the First Pool Association.
The amount of the annual Assessment shall be an amount of money sufficient to
enable the Association to carry out the powers and duties provided for in
Article V; provided however, that the amount of an annual Assessment against
each Lot owned by a member of the Association shall not exceed one hundred
thirty-two dollars ($132.00). It is further provided that until Lots have a
Living Unit erected on them which has been once occupied, said Lots shall be
subject to an annual Assessment of twenty-five percent (25%) of the regular
unit Assessment.
The amount of the annual Assessment
may be increased above the sum of one hundred thirty-two dollars ($132.00) for
each Lot provided that such increase is first approved by a two-thirds (2/3)
majority vote of the Members of the Association taken at either the annual or
at a special meeting of the Members. Special meetings shall be called pursuant
to the provisions of the Article VII hereof.]
6.1 Imposition of Regular
Assessments. For the purpose of providing a general fund to
enable the Association to perform and exercise the rights, powers and duties
set out in Article V hereof, all Lots subject to this Declaration shall be
subject to an annual Assessment based upon the anticipated total annual cost of
the Association in carrying out the powers and duties provided for in Article V
above divided by the number of Lots subject to this Declaration. Assessments on
all Lots shall commence on the first day of the month following conveyance of
the common area to the First Pool Association. The amount of the Annual
Assessment shall be an amount of money sufficient to enable the Association to
carry out the powers and duties provided for in Article V; provided however,
that the amount of an annual Assessment against each Lot owned by a member of
the Association shall not exceed three hundred fifty dollars ($350.00). It is
further provided that until Lots have a Living Unit erected on them which has
been once occupied, said Lots shall be subject to an Annual Assessment of
twenty-five percent (25%) of the regular unit Assessment.
The amount of the Annual Assessment
may be increased above the sum of three hundred fifty dollars ($350.00) for
each lot provided that such increase is first approved by a fifty-one percent
(51%) majority vote of the members of the Association taken at either the
annual or a special meeting of the members. Special meetings shall be called
pursuant to the provisions of the Article VII hereof. [Note: Amended
12/13/2009]
6.2 Notice.
Notice of the amount of Assessments
against the Lot held by a particular owner shall be deemed sufficient if a
written or printed notice of the amount of said Assessment is deposited in the
United States Post Office, with postage prepaid, and addressed to the
respective Lot Owners at their last known address.
6.3 When Assessments Levied and Due.
The annual Assessments shall be fixed
and levied for each fiscal year. The first Assessment shall be for the fiscal
year beginning January 1, 1970. Assessments for each fiscal year shall be fixed
and levied at least forty-five (45) days prior to January 1 of the fiscal year
to which they apply. Assessments shall be due and payable on the first day of
January for the fiscal year to which they are applicable and shall be
delinquent thirty (30) days thereafter. On or before December 1 of each year,
The Association shall notify each member owning a Lot subject to Assessment at
such member's last known address, this notice shall state the number of Lots
with respect to which an Assessment has been levied, the amount of Assessment per
Lot, the total amount of the Assessment owed by each member, and the fact that
the Assessment is due on January 1 of the approaching calendar year.
It is provided, however, that the
failure of the Association to make an Assessment prior to December 1 of any
year for the approaching fiscal year shall not invalidate any such Assessment
subsequently made for that fiscal year; nor shall the failure to make an
Assessment for any one year affect the right of the Association to do so for
any subsequent year. In the event that an Assessment is made later than
thirty-one (31) days prior to the beginning of the fiscal year to which it
applied, then the Assessment shall be due and payable not later than thirty
(30) days from the date that the notice of the Assessment is mailed to the
member. Said Assessment shall be delinquent thirty (30) days after such
Assessment is due and payable.
6.4 [Lien on Real Estate.
All Assessments shall be the personal obligations of the Association member,
and the Assessment shall become delinquent and constitute a lien on the Lot for
which the Assessment is owed thirty (30) days after the date on which the
Assessment is due and payable as set forth in section 6.3. In the event that
any property owner fails to pay the Assessment on or before the date it becomes
delinquent, then such Assessment shall bear interest at the greater of the rate
of then percent (10%) per annum or the "Market Rate," as defined by
applicable Missouri Statute, determined as of the date when such Assessment
shall first become delinquent.]
6.4 Lien on Real Estate.
All assessments shall be the personal
obligations of the Association Member, and the assessment shall become
delinquent and constitute a lien on the lot for which the assessment is owed
thirty (30) days after the date on which the assessment is due and payable as
set forth in Section 6.3. In the event that any property owner fails to pay the
assessment on or before the date it becomes delinquent, then such assessment
shall bear interest at the greater of the rate of ten percent (10%) per annum
or the "Market Rate", as defined by applicable Missouri Statute, plus
an additional $15.00 per month, determined as of the date when such assessment
shall first become delinquent. [Note: Amended 12/5/2000].
Assessments not paid within thirty
(30) days from the date the Assessment is due and payable shall be delinquent
and payment of both principal and interest may be enforced as a lien on the
owner's Lot in proceedings in any court in Clay County, Missouri, having jurisdiction
of suits for the enforcement of such liens. Lien amounts shall include
attorney's fees, court costs, and any other related costs incurred. If the
property subject to the lien is sold before the Assessment is paid, the buyer
shall be liable for the Assessment. Any unsatisfied liens shall "Run With The Land." It shall be the duty of the Association
to bring suit to enforce such liens as soon as they become delinquent.
Subordination of the Lien to
Mortgages. The lien of the Assessments
provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any Lot shall not affect the Assessment lien. However, the
sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding
in lieu thereof, shall extinguish the lien of such
Assessments as to payments which become due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any Assessments
thereafter becoming due or from the lien thereof.
6.5 Termination of Liens.
Assessment liens shall continue for the
period of one (1) year from the date upon which they become delinquent, and no
longer; provided, however, that if, within the period of one (1) year from the
date of delinquency, suit shall have been instituted for the collection of the
Assessment, such liens shall continue until the termination of the suit, and
until the sale of property under execution of the judgment establishing it.
6.6 Limitation on the amount of
expenditures. The Association shall at no time spend or contract
to spend within any one year an amount which exceeds the total amount of
Assessment for that particular year and any surplus which the Association may
still hold from previous Assessments.
6.7 Special Assessment to pay the
cost of construction of facilities or improvements to Association Property.
The Association shall have the power to
levy Assessment against the Lots subject to this Declaration for the purpose of
constructing improvements or facilities on Association Property; provided that
the construction of such facility or improvement must be first approved by the
Members of the Association in the manner set forth in section 5.3 hereof.
Special Assessments levied by the
Association under this section shall become due and payable thirty (30) days after
written notice to each member at such member's last known address stating the
amount of the Assessment against each Lot, the total number of Lots for which
the member is being assessed, the total amount of the Assessment due from such
member, and that the Assessment is due and payable thirty (30) days after the
date of the notice.
Special Assessments levied under
this section shall be the personal obligation of the Association Member, and
the Assessment shall become delinquent and shall be a lien on the Lot of each
member against whom the Assessment has been levied thirty (30) days after the
date upon which the Assessment is due and payable. In the event an owner fails
to pay a special Assessment before the date on which the Assessment becomes
delinquent, then the Assessment shall bear interest at the greater of the rate
of ten percent (10%) per annum or the "Market Rate," as defined by
applicable Missouri Statute, determined as of the date when such Assessment
shall first become delinquent. After a special Assessment is delinquent,
payment of both principal and interest may be enforced as a lien on the Lot of
such member in any court in Clay County, Missouri, having jurisdiction for the
enforcement of such liens. Lien amounts shall include attorney's fees, court
costs, and any other related costs incurred. If the property subject to the
lien is sold before the Assessment is paid, the buyer shall be liable for the
Assessment. Any unsatisfied liens shall "Run With
the Land."
Article VII: Additional Powers Given to the
Association
[The Association may be given such
additional powers as may be desired by the Members and any portion of this
instrument may be amended by the affirmative vote of a two-thirds (2/3)
majority of Members of the Association, as evidenced by a written instrument
executed, acknowledged and recorded in the Office of the Recorder of Deeds of
Clay County, Missouri, voter eligibility is defined in Article II hereof, and
the vote referred to herein shall be taken at either the annual or a special
meeting of the Members.]
The Association may be given such
additional powers as may be desired by the Members and any portion of this
instrument may be amended by the affirmative vote of (51%) majority of Members
of the Association in person or proxy at any annual meeting provided that the
place, date and hour of the meeting and the proposed amendment has been
delivered to each member of the Association not less than fifteen (15) days
prior to the meeting and such amendment shall be evidenced by a written
instrument executed, acknowledged and recorded in the Office of the Recorder of
Deeds of Clay County, Missouri, voter eligibility is defined in Article II
hereof, and the vote referred to herein shall be taken at either the annual or
a special meeting of the Members. [Note: Amended 12/5/2000]
Article VIII: To Observe All Laws
The Association shall at all times
observe all State, County and other laws. If at any time any of the provisions
of this agreement shall be found in conflict with the laws of the State, County
or any other duly constituted authority, then such provisions shall become null
and void. However, other provisions of this agreement, not in conflict with the
laws of any duly constituted authority, shall not be affected.
Article IX: Covenants Running with the Land
All the provisions of this
Declaration shall be deemed to be Covenants running with the land, and shall be
binding upon the parties hereto and upon their heirs, successors, and assigns.
[Special meetings of the Members of
the Association may be called by the president of the Board of Directors of the
Association or by that proportion of the Members of the Association entitled to
cast one-twentieth (1/20) of the votes which can be voted at such meeting. If a
special meeting is to be held, written or printed notice stating the place, day
and hour of the meeting and the purpose or purposes for which the meeting is
called shall be delivered to each member of the Association, either personally
or by mail, not less than five (5) nor more than forty (40) days before the
date of the meeting. At the first such meeting called, the presence of Members
or of proxies entitled to cast sixty percent (60%) of all the votes of the
membership shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.]
Special meetings of the Members of
the Association may be called by the president of the Board of Directors of the
Association or by that proportion of the Members of the Association entitled to
cast one-twentieth (1/20) of the votes which can be voted at such meeting. If a
special meeting is to be held, written or printed notice stating the place, day
and hour of the meeting and the purpose or purposes for which the meeting is
called shall be delivered to each member of the Association, either personally
or by mail, not less than five (5) nor more than forty (40) days before the
date of the meeting. At the first such meeting called, the presence of Members
or of proxies entitled to cast 51% of all the votes of the membership shall
constitute a quorum. If the required quorum is not present, another meeting may
be called subject to the same notice requirement, and the required quorum at
the subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty
(60) days following the preceding meeting. [Note: Amended 12/5/2000]
This Declaration may be terminated,
and all of the land now or hereafter affected may be released from all of the
terms and provisions of this Declaration by an affirmative vote of Owners
constituting two-thirds (2/3) of the total number of eligible vogtes as defined in Article II. This Declaration shall be
terminated if the Owners constituting two-thirds (2/3) of the total number of
eligible votes as defined in Article II execute and acknowledge an apropriate agreement or agreements for that purpose and
file the same in the Office of the Recorder of Deeds of Clay County, Missouri.
In witness whereof, New Mark First
Pool Association, by the authority of its Board of Directors, has caused these
presents to be executed by its president and its corporate seal to be hereto
affixed.
S/S
Lee C. Magnuson, President
(seal)
S/S
Willy Vanderhoorn
Acknowledgment
I, Willy Vanderhoorn,
duly elected secretary and keeper of the records and corporate seal of New Mark
First Pool Association, A Missouri Corporation organized and operating pursuant
to the provisions of the "General Not For Profit Corporation Law" of
the State Of Missouri (Chapter 355 of Missouri Revised Statutes), do hereby
certify that at an annual meeting of Members, duly called by the Board of
Directors pursuant to notice as to place, day, and hour, and specific purposes
thereof according to the provisions of the Missouri Revised Statutes, and the
requirements of the By-Laws, and held on January 10, 1982, a quorum of Members
entitled to vote was present in person or by proxy and did vote to amend the New
Mark First Pool Association Declarations and its amendments in the above-stated
respects.
In witness whereof, I have affixed
the corporate seal hereto, as secretary, this 12th day of January, 1982.
S/S
Willy Vanderhoorn,
Secretary
New Mark First Pool Association
A Missouri Not-For Profit
Corporation
State
of Missouri
SS.
County of Clay
On this 12th day of January, 1982,
before me appeared Willy Vanderhoorn, to me
personally known, who being by me duly sworn, did say that she is the Secretary
of New Mark First Pool Association, a Missouri Not-For-Profit Corporation, and
that the seal affixed to the foregoing instrument is the corporate seal of said
corporation by authority of its Board of Directors, and said Willy Vanderhoorn acknowledged said instrument to be the free act
and deed of said corporation.
In witness whereof, I have hereunto
set my hand and affixed my notarial seal at my office in Clay County, Missouri,
the day and year last above written.
S/S
Kathleen M, Engle, Notary Public
My Commission Expires:
December 3, 1985
the offical Assocation Covenant & Amendments can be downloaded via the links below.
| 1976 Covenant and Restrictions.pdf |
| 2010 Covenant Amendments |
| 2011 Covenant Amendements |