DECLARATION OF COVENANTS FOR Riverwinds Lots 1 through 6 located in the County of Shannon, State of Missouri.
The G & S Dennis Family Trust dated ____________ ("The Developer') make THIS DECLARATION this ___ day of 2007 with respect to the facts and objectives.
WHEREAS, The Developer owns a tract of land located in Shannon County, Missouri. The tract ("the property") consists of all of the land shown in the subdivision plat (the "plat') entitled "Riverwinds" Lots 1 through 6 recorded among the records of the Shannon County, Missouri.
WHEREAS, The Developer desires to subject the property, and the lots shown in the Plat to covenants, conditions, restrictions and easements set forth below which are for the purpose of protecting the value and desirability of the Property and the Lots: and
WHEREAS, The Developer declares that the Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements set forth below.
1. Except as herein provided no lot shall be used except for single-family residential purposes. No further subdividing of any lots will be allowed and no more than one (1) residential structure will be allowed on each lot. No occupancy of a partial completed house will be allowed. No animal, fish or any other creature shall be raised for commercial purposes within the boundaries of "Riverwinds", nor shall any part of any lot be used for any other purpose whatsoever (including any agricultural purpose) that is reasonably likely to or does result in noxious odor, loud and consistent noises, or substantial nuisances. No swine or commercial kennels may be kept on this property, however other livestock or pets are allowed but must be confined to the property of the owner.
2. Mobile homes shall not be less than 14 X 60 and no older that 5 years of age when placed upon the property shall be allowed. Mobile homes placed on said property shall be properly anchored and skirting must be completed within 90 days of placement on property.
3. No part of any of the subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste; nor shall rubbish, trash, garbage or other waste (other than trees, leaves and yard waste) be burned within the subdivision. All trash shall be disposed of at regular intervals by removing, or arranging for the removal thereof, to a public dump or other point of lawful disposal. Not to place or cause to be placed on said premises any disabled, wrecked or salvaged motor vehicles.
4. No commercial logging will be permitted. All cleared timber will be disposed of by burning, cutting to firewood size, or removing from lot. No disposing of down timber will be place on any other lots. Any excess dirt from grading, excavation, etc. must be removed from the lot.
5. All septic systems shall be underground. Care shall be exercised to locate all tanks and lines away from lot lines, roads or wells in compliance with all local county and state laws. No septic lagoon systems will be allowed. Before a permanent residence can be occupied, it must be equipped with a septic tank in compliance with laws stated above.
6. All easements of driveways to residential structures shall be from the county road and shall have adequate culvert pipe. An easement for utilities is hereby granted under, over, upon 10 feet on interior lot lines in "Riverwinds". Utility easements for installation and maintenance of utilities and drainage facilities are to be preserved. Within these easements, no structure, planting or other material shall be placed or permitted to remain.
7. Camping is permitted but no tent will be allowed as a permanent residence. Upon camping and leaving all garbage, waste, etc. will be removed from the lot.
WHEREAS, These covenants and declarations as contained herein shall be binding on the lot owners, their heirs, and successors, once said declaration is recorded in the Recorders Office of Shannon County, Missouri. The covenants are to run with the land for a period of thirty (30) years from the date this Declaration is recorded. It shall not be required that reference be made to the restriction in each conveyance there after made. The Developer may amend these declarations and covenants for a period of two years after the date of recording the declarations. After that period, the covenants may be amended only by the written agreement of no less than four (4) of the six (6) lots in Riverwinds.
WHEREAS, If the present or future owner or owners of said lots shall violate or attempt to violate any of these covenants, it shall be lawful for any other person or persons owning any part of said real real estate and/or The G & S Dennis Family Trust to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent or him from so doing or to recover damages or other dues for such violating or both.
IN WITNES WHEREOF, the said G & S Dennis Family Trust dated _____________ have caused these Declarations to be signed by Gregory S. Dennis and Sheri E. Dennis the ___day of __________, 2007.
By:__________________Gregory S. Dennis, Trustee
__________________Sheri E. Dennis, Trustee
STATE OF NEBRASKA*
COUNTY OF SARPY*
On this ___day of _________2007, before me, the undersigned Notary Public, personally appeared Gregory S. Dennis and Sheri E. Dennis, to me personally know, who, being by me duly sworn, did say that he/she is the owner of said premised, and acknowledge said instrument to be free act and deed of said owner.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by seal the day and year last about written.