H.O.A. Restrictions
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SECTION 1 - NEIGHBORHOOD SHOPPING
SECTION 2 - MULTIPLE FAMILY AND OFFICE
SECTION 3 - SINGLE FAMILY ZONE
SECTION 4 - RESTRICTIONS COMMON TO ALL SHADYWOOD SOUTH PROPERTY
SECTION 1 - NEIGHBORHOOD SHOPPING
The following restrictions and conditions are hereby created, declared and established for the following described property: Lots 2,3 and 4 Block A all in Shadywood South subdivision in city of Topeka, Shawnee County, Kansas.
- Code Compliance – All improvements constructed and maintained and all uses mad of such property shall, at all times, be in full compliance with the provision of Chapter 48, Article IX, Section 48-176 through 48-196, and any amendments thereto of the the Code of the City of Topeka, Kansas.
- Zoning and Use restrictions – The development and use of the subject property shall always be in compliance with the zoning and use restrictions applicable from time to time to the property as zoned and platted by governmental authorities.
- Privacy and Visibility barrier – The owners of each improved lot in the neighborhood shopping zone shall construct, plant and maintain a landscaped privacy and visibility barrier at least 5 feet wide along the west side of lots 2 and 3 Block A, and at least ten feet wide on the west side of lot 4 Block A. Said landscaped area shall contain pine trees which will provide a year round privacy and visual barrier between the improvements on subject lots and the lots to the west. Such construction and planting shall be subject to written approval by the Developer, or its assigns, as provided in Section IV, paragraph 3.
- Trash containers – All of the lots in this neighborhood shopping area: shall be served by only three trash containers which shall be located in a location convenient to the occupants but hidden to the extent possible from public view.
- Light Shields – In the event that the west side of the subject lots shall be lighted by pole lamps then all such lights shall be shielded on the west to prevent light from shining on lots to the west of the subject lots.
- General Property Maintenance – The owners and/or tenants of all of the subject lots shall at all times:
- Keep the property free of debris and trash;
- Maintain the paved areas free of snow and ice;
- Maintain order and not allow motor vehicle cruising or loitering by non-patrons in order to avoid creating a nuisance or disturbance to other property owners in the area.
- Signs – No exterior signs identifying the businesses or services provided for therein shall be allowed unless: a) plans for such signs are approved in writing by the Developer, or its assigns; and, b) such signs are consistent with the general architectural design of other buildings in the Neighborhood Shopping area.
SECTION 2 - MULTIPLE FAMILY AND OFFICE
The following restrictions and conditions are hereby created, declared and established for the following described property: Lots 1, 5 and 6 in Block A and, Lot 1 in Block B, all in Shadywood South Subdivision in the City of Topeka, Shawnee County, Kansas.
- Code Compliance – All improvements constructed and maintained, and all uses made of such property shall , at all times, be in full compliance with the provision of Chapter 48, Article 2, Sections 48-111 through 48-120 and any amendments thereto of the Code of the City of Topeka, Kansas.
- Zoning and Use Restrictions – The development and use of the subject property shall always be in compliance with the zoning and use restrictions applicable from time to time to the property as zoned and platted by governmental authorities.
- Privacy and Visibility Barrier – The owners of each improved lot in this “multiple” family – office zone shall construct, plant and maintain a landscaped privacy and visibility barrier at least 5 feet wide along the east side of Lot 1, Block A, and at least seven feet wide on the west side of Lot 1, Block A, and at least seven feet wide on the west side of Lots 5 and 6, Block A, and at least seven feet wide on the west side of Lot 1, Block B. Said landscaped area shall contain pine trees at least five feet high, rapid growing shrubs and other evergreen shrubs and trees which will provide a year round privacy and visual barrier between the improvements on subject lots and the lots to the east and/or west respectively. Such construction and planting shall be subject to written approval by the Developer, or its assigns, as provided in Section IV, paragraph 3 thereof.
- Motor Vehicles – Each of the units in any multiple family improvements shall be limited to two motor vehicles for each unit.
- Roofs – All buildings on the Multiple Family and Office lots shall use roofing materials as specified in Section III – Single Family Zone – subparagraph 8.
SECTION 3 - SINGLE FAMILY ZONE
The following restrictions and conditions are hereby created, declared and established for the following described property: Lots 7,8,9,10,11,12,13,14,15 and 16 in Block A and, Lots 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31, 32,33,34,35 and 36 in Block C, all in Shadywood South Subdivision No. 2 in City of Topeka, Shawnee County, Kansas.
- Code Compliance – All improvements constructed and maintained, and all uses made of such property shall , at all times, be in full compliance with the provision of Chapter 48, Article 2, Sections 48-28 through 48-48, and any amendments thereto of the Code of the City of Topeka, Kansas.
- Zoning and Use Restrictions – The development and use of the subject property shall always be in compliance with the zoning and use restrictions applicable from time to time to the property as zoned and platted by governmental authorities.
- Dwellings Only – Nothing but single, private dwelling, or residence, together with garage for the use of the owner or occupant of the single-family dwelling and boundary line and patio fences and retaining wall and other walls shall be erected on any lot in said premises. Nor may any previously constructed dwelling be moved onto one of the sites in the subdivision. But nothing shall preclude the construction of gazebos, small utility buildings or swimming pool bathhouses provided that the same are constructed in architectural conformity with the roofing material and external material of the principal residence structure, and that prior to construction, plans for gazebos, small utility buildings and swimming pool bathhouses are approved as provided for in Section IV, paragraph 3 hereof.
- Guest Houses – No guest house, garage, shed, tent, trailer or temporary structure of any kind shall be erected, constructed, permitted, or maintained on any portion of said property prior to the commencement of the erection of a principal dwelling house thereon, and no guest house, garage, tent, trailer, basement, or temporary building shall be used for permanent or temporary residence purposes.
- Location of dwelling – Setback shall be minimum set by plat, and no building, shall be located nearer than thirty feet to the rear property line. No building shall be located nearer to an interior lot line than seven feet. For the purpose of this covenant, eaves, steps and patios shall not be considered as part of the building.
- Size of Principal Dwelling – The floor area of the main structure of any residence exclusive of porches, garages, and basement areas, finished and unfinished, shall not be less than 1,650 square feet for a one-story residence; 2,000 square feet for a split level or on and one-half story residence; 1,650 square feet on the main floor for a raised ranch.
- Garages – All residential dwellings or residences shall be constructed with garages that accommodate two or more automobiles, free standing garages are permissible provided they are approved architecturally as provided for in Section IV, paragraph 3 hereof.
- Roofs – All residential dwellings or residences, garages, or attachments shall be constructed with wood shake, slate, clay tile, concrete tile, or one of the following compostion roofing systems:
- “Presidential Shake TL” manufactured by Certainteed Corp. in the following colors: Autumn Blend, Shadow Gray, or Weathered Wood.
- “Grand Manor Shangle” manufactured by Certainteed Corp. in the following colors: Colonial Slate, Gatehouse Slate, or Stonegate Gray.
- “Grand Sequoia” manufactured by Certainteed Corp. in the following colors: Cedar Blend or Weathered Wood.
- Any other composition roofing system prohibited unless approved in the manner specified as follows: (a) In the event that any of the above-named manufacturers discontinues the manufacture of any of the specified colors, the Board of Directors of the Shadywood South Property Owners Association may designate an alternate color to replace the one discontinued. (b) In the event that any of the above-named manufacturers discontinues manufacture of any of the aforementioned styles, the Board of Directors of the Shadywood South Property Owners Association may designate a new style of composition roofing system that meets the following specifications:
- UL Class A Fire Protection Rating
- ASTM D3018, D3161, D3462 as applicable
- Minimum 50 year manufacturer warranty
- Minimum 10 year 100 MPH wind warranty
- Provide an appearance similar to wood shake, slate, clay tile or concrete tile.
- Signs – No signs of any character shall be permitted on any single residential lot in said subdivision except a sign not larger than seventy-two square inches, setting forth the name of the owner or occupant of a lot, and with the exception of one “For Sale” sign no larger than two hundred sixteen square inches.
- Yard lights – All houses must have a yard light in the front yard. Such light must be installed in operable condition on or before the construction is completed on the lot and, if electric, such light shall be controlled by a photo-electric cell.
- Driveways – All driveways shall be constructed of concrete, brick, asphalt, cobblestone or other hard surface, all weather material, provided that the same is approved as provided in Section IV, paragraph hereof.
- Subdivision Lots – Platted lots shall not be further Subdivided in order to provide more building sites than the number of platted lots. A personal residence dwelling can be built on a platted lot and a part of another platted lot provided that a portion of the residence dwelling must be situated on the full platted lot.
- Residential Only – All of the lots referred to above shall be used for residential purposes only for the duration of the restrictions as set out herein.
SECTION 4 - RESTRICTIONS COMMON TO ALL SHADYWOOD SOUTH PROPERTY
In addition to the [previously stated] restrictions and conditions which apply to the designated lots described in the initial paragraph of each section, the following restrictions and conditions are hereby created, described for the following described lots, being all of the lots in Shadywood South Subdivision:
Lots 2, 3 and 4 Block A all in Shadywood South Subdivision in the City of Topeka, Shawnee County, Kansas. Lots 1, 5 and 6 in Block A and Lot 1 in Block B, all in Shadywood South Subdivision in the City of Topeka, Shawnee County, Kansas. Lots 7,8,9,10,11,12,13,14,15 and 16 in Block A and Lots 2,3,4,5,6,7,8 and 9 in Block B and Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31, 32,33,34,35 and 36 in Block C, all in Shadywood South Subdivision No. 2 in City of Topeka, Shawnee County, Kansas.
- Construction – When construction of a building, dwelling or other structure is commenced upon any of said lots, the owner thereof shall prosecute, with all reasonable diligence, the completion thereof within twelve months from the date of commencement. During construction, each owner shall keep street and construction site clear and free of debris. It shall be the obligation of each lot owner to keep the street clear of mud and dirt caused by erosion and ingress and egress of trucks and construction equipment.
- Weeds and Care of Property – All owners of lots fronting Wanamaker or 37th Street, whether improved or unimproved, shall keep all roadside ditches in grass and shall keep the grass on such lots neatly mowed, and no weeds, under brush or other unsightly growth shall be permitted to grow or remain upon any part of the property. No refuse pile, debris or unsightly objects shall be allowed to be placed, accumulate or allowed to remain on any lot or property herein. The premises shall be kept clean, neat in appearance and tidy at all times, and in the event said owner fails to do so, the Developer or its assigns, shall have the right to enter the premises and remove such unsightly growths or objects and to clean up said premises at the expense of the owner. No trees shall be cut down or trimmed in a substantial fashion without prior written consent of the Developer, or its assigns.
- Approval of Plans – All plans for the construction of private roads and driveways, and all building plans for any building, fence, or structure to be erected upon any lot, and the proposed location thereof upon any lot, and any changes after approval thereof, any remodeling, reconstruction, alteration, that results in exterior changes only, or addition to any building, road, driveway, or other structure upon any lot in such premises shall require the approval in writing of Developer, or its assigns. Before beginning the construction of any road, driveway, building, fence, wall coping, or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway, building, fence, wall coping or structure upon any lot, the person or persons desiring to erect, construct, or modify the same shall submit to Developer, or its assigns, two complete sets of building plans, showing locations, course, and width of same or two complete sets of building plans and specifications for the building, fence, wall coping or other structure as is applicable, so desired to be erected, constructed or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of Developer, or its assigns, and which does not comply fully with such approved plans and specification, shall be erected, constructed, placed or maintained upon any lot. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway, or structure is contemplated prior to the beginning of construction. No amendments, modifications or changes of such plans and specification as approved shall be made without prior written consent of the Developer, or its assigns. The Developer and its assigns shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plan and specifications. All plans and specifications for any landscaping shall be attached to all copies of building plans for written approval by Developer, or is assigns. Both construction and landscaping plans shall be approved in writing prior to the commencement of any construction or landscaping. Such submitted landscaping plans shall be in conformance with all “Landscaping” provisions herein.
- Inspection – Approval of building plans, landscaping plans, specifications and locations of buildings by Developer, and it assigns, shall be endorsed on both sets of building plans, landscaping plans and specifications and one set returned to the person submitting the same and the other retained by the Developer, or its assigns. An inspection fee of one hundred dollars shall be pain to the Developer, or its assigns, at the time such plans are submitted.
- Conformity – After such plans and specifications and other data submitted have been approved by the Developer, or its assigns, no building, garage, fence, wall, retaining wall, or other structure of any kind shall be erected, constructed, placed altered or maintained upon said property unless the same shall be erected, constructed, or altered in conformity with the plans and specifications, color scheme, and plot plan theretofore approved by the Developer, or its assigns, or its duly appointed agent. If any building, garage, fence, wall, retaining wall or other structure of any kind shall be erected, constructed, placed, altered, or maintained on said property, other than in accordance with the plans and specifications, color scheme, and plot plan theretofore approved by the Developer, or its assigns, such erection, construction, placing, alterations, and maintenance shall be deemed to have been undertaken without approve of the Developer, or its assigns, ever having been obtained.
- Prompt Action – Approval by the Developer, or its assigns, may be withheld (a) because of non-compliance with any specific conditions and restrictions contained int he Protective Restrictions herein, or (b) because of reasonable dissatisfaction of the Developer, or its assigns, with the location of the the structure on the building site, the appearance of the proposed structure, the proposed landscaping plan, or with the lot grading plan, having in mind the character of the neighborhood in which it is proposed or other structure as planned on the outlook from the adjacent or neighboring property or properties. However, the Developer, or its assigns, shall act with all due promptness and in the event the Developer, or its assigns, shall fails to approve or disapprove any matter submitted hereunder within thirty days from submission, then the submission shall be deemed approved and this section of the protective covenants will have been fully complied with.
- Reflection – No improvements on the property will be constructed or maintained in such a way as to cause reflected sunlight to be a nuisance or annoyance to other landowners in the subdivision.
- Fuel Tanks– Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from view from neighboring lots, roads, or streets. Plans for all enclosure of this nature shall be submitted to the Developer, or its assigns, for approval.
- Colors – In the event that the proposed improvement be for repairing and redecorating the exterior of the structure, without remodeling the same or making addition thereto, it shall be necessary only to file the color scheme of such proposed work with the Developer, or its assigns, and have same approved prior to the commencement of such work.
- Nuisances – No obnoxious or offensive activity shall be carried on on said property, or any portion thereof, nor shall anything be done which shall become an annoyance or nuisance to the neighborhood.
- Garbage – No garbage refuse, or obnoxious or offensive material shall be permitted to accumulate on any of said lots, and the owner thereof shall cause all garbage and other like material to be disposed of by and in accordance with accepted sanitary practice. All garbage and trash containers, and other such facilities must be placed in walled-in areas. No trash, ashes, or refuse may be thrown, or stored on any lot. No trash or garbage shall be burned on any lot outside of the residence. All residences shall have installed and maintained a garbage disposal unit connected to the sanitary sewer.
- Animals – No animals or fowl of any description shall be raised, housed or kept on the premises except that dogs, cats or other household pets that are of such nature as not to interfere with the safety and comfort of adjoining owners may be kept on said property provided, that they are not bred or maintained thereon for any commercial purpose.
- Sewage – No dwelling, house or building shall be occupied until the same shall be connected to the sanitary sewage disposal system. No cesspool, septic tanks or outside toilets shall be permitted.
- Excavations – No work, exploration, drilling, or mining of any minerals or quarrying, drilling, or mining of an minerals, rock, soil or material of any nature shall be conducted on any lots, nor shall any excavation of any nature be made upon said property or any portion thereof, except as maybe incident to he installation of utility services, drainage lines, the preparation of building sites, the construction of dwellings or swimming pools, and the grading of roads and streets.
- Fences – No chain link or similar type fencing shall be permitted, except for small pet enclosures or tennis court fencing. Construction of such structure(s), shall be subject to written approval by the Developer, or its assigns, as provided in Section IV, paragraph 3.
- Satellite Dish; Radio and Television Equipment – No radio station or shortwave operator of any type may operate from any lot residence. No exterior television or radio antenna of any kind may be constructed on any lot or residence without written approval of the Developer or its assigns. No satellite dish, disk or related type radio wave receiver shall be housed, installed or maintained on any lot or structure located on such lot within this residential subdivision without written approval of the Developer, or its assigns.
- Fireplace Chimneys – All exterior fireplace chimneys shall be constructed of brick or stone.
- Exposed Concrete Foundations Walls – Any exposed concrete foundation wall shall be painted or covered with compatible siding to within twelve inches of the ground.
- Drainage – Developer reserves the right to use natural drainage courses located in the area between one or more of the the property lines and not more than ten feet therefrom for the purpose of conducting surface waters that may drain from other properties owned by the Developer, and in this connection Developer reserves the right to enlarge any or all of the said drainage courses and to install pipes thereon with the right to reasonable ingress to and egress from said property that may be necessary for the maintenance, enlargement, or other improvement of siad drainage courses; provided, however the exercise thereunder does not interfere with any of the buildings or improvement located on the property.
- Screens – All clotheslines, garbage cans or containers and equipment shall be welled-in to conceal them from view of neighboring lots, roads or streets. No wood slitter, hauling trailer, recreation vehicle, antique automobile, aircraft, boat or other wader-borne craft may be permanently housed, stored or maintained on such property, or on the street or road adjoining such property, provided that nothing herein shall prevent an owner of property from housing, storing or maintaining one or more of the above described items at his or her property for a period not to exceed three days per month, such time period being for routine maintenance, or preparation for taking said item on a trip or vacation. Nothing herein shall prevent landowner from permanently housing, storing or maintaining one or more of said items, provided that such item is completely enclosed from view in a garage as provided in Section III, paragraph 7. Construction of such garage shall be subject to written approval by the Developer, or its assigns, as provided in Section IV, paragraph 3.
- Violations – The Developer, or its assigns, and every person hereinafter having any right, title or interest in any lot or parcel within said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, and to recover any damages resulting from such violation.
- Duration – All of the foregoing covenants, conditions, reservations, and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot in such premises, regardless of how he acquired title, until the commencement of the calendar year 2002, on which date these covenants conditions, reservations and restrictions shall terminate and end , and thereafter be of no further legal or equitable effect on such premises or any other thereof, provided, however, that these covenants, conditions, reservations, and restrictions shall be automatically extended fora a period of 10 years and thereafter in successive ten-year periods, unless on or before the end of one such extension periods or the base period, the owners of a majority of the lots in the subdivision shall be written instrument duly recorded declare a termination of the same. Although these covenants, conditions, reservations, and restrictions may expire as herein provided, any and all reversions for breach of these covenants, conditions, reservations or restrictions committed or suggested prior to such expiration shall be absolute.
- Landscaping – No fence, wall, hedge or shrub planting which obstructs the sight line of motorists at corners of intersections, driveways, and alleys, shall be permitted to be above two feet in height. The triangle formed with twenty-five foot sides at an intersection of two streets, or the triangle formed with ten foot sides at an intersection of a driveway or an alley with a street shall conform to the above. No trees can be permitted in these areas unless such foliage can be maintained at a height of two feet. All property owners shall plant or cause to be planted on each lot the following trees within one year of the completion of construction of any residence:
- A minimum of three of any of the following hardwood trees:
- Pin Oak
- Red Oak
- Scarlet Oak
- Sweet Gum
- Sour Gum
- Sugar Maple
- Red Maple
- (the above to be a minimum of six feet in height)
- A minimum of two of any of the following:
- Flowering Dogwood
- Flowering crab
- Purple Plum
- Red Bud
- Ornamental
- Hawthorne Pear
- (the above to be a minimum of four feet in height)
- A minimum of three of any of the following hardwood trees:
- Shadywood South Property Owners Association – Developer shall create a Shadywood South Property Owners Association, which shall be a Kansas not-for-profit corporation. Such corporation shall be managed by a Board of Directors, the members of which shall be elected by the members of the Property Owners Association at least annually. The Board shall be comprised of not less than one and not more than eight Directors, all of whom shall be owners of lots in the Shadywood South Subdivision. Such Property Owners Association shall have the power to apply for tax exempt status as provided for by the Internal Revenue Code, and amendments thereto.
- Membership – Membership of the Property Owners Association shall be each of the lot owners. Provided that, there shall only be one vote per lot, and persons owning the property, as co-tenants or by co-ownership shall designate one person to vote for such property.
- Initial Management of Association – The initial management of the Property Owners Association shall be by one Director, which shall be elected at least annually by the Developer, or its assigns. At the time that 75% of the lots are sold, or sooner at the discretion of the Developer, or its assigns, the Property Owners Association may increase the number of Directors from one to a greater number.
- Annual Dues – Each lot owner within the Shadywood South Subdivision shall pay annual dues in the amount of fifty dollars per platted lot, or such other sum as the Board of Directors from time to time shall determine. Such dues shall be due on the first day of January each year and shall be payable to the Shadywood South Property Owners Association. The Developer, or its assigns, as the initial owner of any unimproved lots, shall not be obligated to pay annual dues on such unimproved lots. The Board of Directors of the Property Owners Association shall have the power to raise or lower the annual dues from time to time, provided that the Board of Directors may not increase the amount of annual dues by an amount exceeding ten percent per year without a vote by the majority of Property Owners Association members.
- Default in Annual Dues Payment – In the event a property owner shall fail to pay their annual dues within thirty days after the same are due, the Property Owners Association shall have a lien on the subject property for the amount due, and shall further have the power to pursue any legal remedy to secure payment of the dues.
- Entrance Improvements – The Developer, or its assigns, shall construct split entrances to the subdivision. Such entrances shall be located at the entrance of Stonybrook Drive onto SW 37th Street, and at the entrance of SW 38th Street onto Wanamaker Road. After such entrances are constructed, the perpetual maintenance of the entrances shall be the sole responsibility of the Shadywood South Property Owners Association and the Developer, or its assigns.
- Assignment – Any obligations or rights of Developer that are provided for in these restrictions may be assigned at any time to any person or entity so designated by the Developer.
- Binding Covenants – The restrictions herein set forth shall run with the land and bind the present owners, their heirs, executors, administrators, successors and assigns, and all parties claiming by, through or under item shall be taken to hold, agree and covenant with the owners of said lot, their heirs, executors, administrators, successors and assigns, and with each of them to conform to and observe said restrictions as to use of said lots, and the construction of improvements thereon, but no restrictions herein forth shall be personally binding on any corporation, person or persons, except in respect to breaches committed during its, his or their seisin of or title to said land and the owner or owners of any of the above land shall have the right to sue for, and obtain an injunction, prohibitive or mandatory, to prevent the breach of, or to enforce the observance of the restrictions above set forth in addition to ordinary legal actions for damages, and the failure of Sherwood Meadows, a Kansas General Partnership, or the owner or owners of any of the lots referred to above, 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. Sherwood Meadows, a Kansas General Partnership, may by appropriate agreement assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such agreements, assignment or conveyance being made, its assigns or grantees may, at their option, exercise, transfer or assign those rights, or any one or more of them, at any time, or times, in the same way and manner as though directly reserved by them, or it, in this instrument. Upon breach of any of the restriction contained herein the real property upon which such breach occurs shall revert to the reversionary owner, and the reversionary owner shall have the right of immediate re-entry upon such real estate in the event of such breach. Should the reversionary owner employ counsel to enforce any of the foregoing restrictions by reason of such breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the reversionary own shall have a lien upon such lot or lots to secure payment of all such accounts. The breach of any of the foregoing restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises but the provisions herein shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose grantor’s title is or was acquired by foreclosure, trustee’s sale or otherwise. No delay or omission on the part of the reversionary owner or the owners of other lots in such premises in exercising any rights, powers or remedy herein, provided, in the event of any each of the provision herein contained, shall by construed as a waiver thereof or acquiescence therein, and no right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against the reversionary owner for or on account of the failure to bring any action on account of any breach of provisions contained herein, or for restrictions herein which may be unenforceable by reversionary owner.
- Validity – Invalidity of any one of the above restrictions, covenants and conditions by a court judgement, or decree, shall in no way affect any other provisions hereof, such other provisions shall remain in full force and effect.
- Confirmation of July 31, 1998 Additional Declarations – The terms and provisions of Document 22015, recorded on July 31, 1998 in Book 3245 at Pages 895 through 898, of the records of the Register of Deeds of Shawnee County, Kansas, are confirmed and remain in full force and effect as set forth therein.