LAKE LOTAWANA EXTENSION OF RESTRICTIONS

1.         WHEREAS, Lake Lotawana Development Company, a corporation organized and doing business under the laws of the State of Missouri, hereafter called "corporation" and "Grantor," did by its plat dated June 11, 1928, and recorded June 13, 1928, in the office of the Recorder of Deeds of Jackson County, Missouri, at Independence, in Plat Book 9 at Pages 11 to 24, under Recorder document number 247104, and renewed for an additional twenty years, described in the Extension of Restrictions Agreement Number I-03276, Filed November 28, 1967, in Book Number I-11, Page 157, in the office of the Recorder of Deeds of Jackson County, Missouri in Independence, create a subdivision of certain described lands, described by metes and bounds therein, in Sections 29, 30, 31, and 32 in Township 48 and Range 30, and also in Sections 4 and 5 in Township 47, Range 30, to be known as Lake Lotawana, comprising Blocks A, B, C, E, F, G, H, I, J, K, L, M, N, O, P, R, S, T, U, V, W, Wallace Reserve, X, Y, and Z in said addition, together with other lands within the limits of said plat not laid off into blocks and lots, and

 2.         WHEREAS, thereafter said corporation, by additional plats did subdivide certain blocks and tracts of land in said Lake Lotawana as shown by the recorded plats thereof in Blocks C, E, F, H, K, L, M, N, O, P, R, S, T, U, V, W, X, Y, Z, which are hereby referred to and made a part hereof by reference.

 The foregoing, set forth in paragraphs 1 and 2 thereof, constitute all the general plats and subdivisions of tracts and blocks in said Lake Lotawana, filed by said corporation to the date hereof, and all the same are intended to be covered and affected by this agreement, and

3.         WHEREAS, at the time of filing of said original and subsequent plats of Lake Lotawana, said corporation was the owner in fee of and in possession of all of said land described in said plats, and thereafter by various corporation warranty deeds, as Grantor, did convey certain lots and tracts of land within the limits of said platted additions to various individual grantees, each such deed being made subject to certain covenants and restrictions, which are therein stated to run with the land and bind all subsequent owners of the said lot or tract of land until and including January 1, 1948, with provisions for renewal thereof for successive periods of twenty years, and thereafter on October 7, 1947, said covenants and restrictions were duly renewed for a period of twenty years from January 1, 1948, to and including January 1, 1968, by an Extension of Restrictions Agreement #533446 filed October 7, 1947, and recorded in Book Number 803, Page 1, in the office of the Recorder of Deeds for Jackson County at Independence, Missouri, and renewed for an additional twenty years from January 1, 1968, to and including January 1, 1988, by an Extension of Restrictions Agreement #I-03276, filed November 28, 1967, and recorded in Book Number I-11, Page 157, in the office of the Recorder of Deeds for Jackson County at Independence, Missouri, renewing covenants and restrictions as follows:

 1.         Said real estate shall be used for residence purposes only; and no business of any nature shall be permitted, maintained, or conducted thereon.  Not more than one residence at a time shall be placed or kept thereon; and no such residence shall be designed or converted for the use of more than one family.

 2.                  Every such residence shall front toward the front (lake side) end of the lot; and the main body thereof shall be at least twenty-five feet from the front line of the lot; and no porch or part thereof shall be within fifteen feet of the front line of the lot; nor shall any building be nearer than five feet from the side lines of said lot.

 3.                  No outbuildings shall be on said lot.  Garages shall be attached to or built in as a part of the residence.  All rear entrances to residence shall be from the side of the residence where possible and if a rear porch is to be a part of the residence it shall be enclosed with a lattice or trellis so that it is not openly exposed from the rear.

 4.                  There will be no restrictions as to cost of any residence but complete architect’s plans and specifications must be submitted for the approval of the Lake Lotawana Development Company before building operations are started.  No residence shall be wholly or partly covered with tar paper, metal, or canvas, and no tent house or shack shall be on said lot.  No unpainted wooden house shall be on said lot unless of log or slab construction.  No storage tank shall be above ground on said lot without written consent of the Grantor.

 5.                  Said premises shall not be used for any unlawful purpose, or for any purpose that would injure the reputation of the neighborhood.

 6.                  All toilets, baths, sinks, lavatories, and inside drains on said premises shall be connected with the subdivision sewer system; and all plumbing fittings shall not be more than four inches in diameter, according to the Company specifications which will be furnished with building permit.

 7.                  Said premises shall not be leased or rented to any person without the written consent of the Grantor.

 8.                  No sale, contract to sell, or conveyance of the real estate herein described shall be made or consummated without first giving at least fifteen (15) days written notice to Grantor, and to the owners of the two side adjoining lots, of the proposed sale price and terms thereof; and thereupon the Grantor and/or either of the side adjoining lot owners shall have the first and prior right, option, and privilege during said period of fifteen (15) days to buy said real estate at the same price and upon the same terms.  Such written notice shall be personally served, if service can be made on the subdivision.  If any person entitled to service cannot be found on the subdivision, notice may be mailed to such person at his last address known to the Grantor.  Affidavit of the person making service shall be sufficient evidence thereof.

 9.                  No fence or other obstruction shall be on said lot, except a fence not over three and one-half feet high and composed of wire with at least three-inch mesh, or pickets at least three inches apart.  No business signs of any nature may be displayed.

 10.             Grantor shall have the right to lay sewer pipes and water pipes and appurtenances thereto through or across said lot and shall have at all times the right of ingress and egress for the purpose of repairing and maintaining same, provided, however, dirt taken from any excavation shall be replaced and the surface left as nearly as possible in original condition after the work is completed.  Grantor shall also have the right to erect telephone poles or poles for carrying electric current at the intersecting corner of any two lots.

 The Grantee herein, his heirs and assigns, shall, subject to compliance with the covenants and restrictions of this deed and the payment when due of maintenance assessments aforesaid and while he is the owner of said conveyed premises, have the license, personally and for his own family and his or their bona fide guests when accompanied by the owner or a member of the family to the reasonable use and privileges of the lake in said subdivision, namely:  boating, bathing, fishing, ice skating, ice boating, the anchoring of boats and the use of the parkway along the shore line for swimming and fishing, all subject, however, to the supervision and direction of Grantor and such rules and regulations as may be promulgated from time to time by the Grantor, and which licenses and privileges, or any of them, may at any time be wholly or partially abrogated, cancelled, and withdrawn by the Grantor for the violation of any rule now in force or hereafter promulgated by the Grantor.

Said restrictions may be extended beyond said twenty-year period, for a new period not exceeding twenty years, by an instrument executed by the then owners of a majority of the front feet in said subdivision and duly acknowledged and recorded in the recorder’s office of said Jackson County before the expiration of said twenty year period; and further extensions may be effected in like manner.

 For the purpose of providing a fund for the maintenance of and improvements to, roadways, parkways, the lake, dam, sewers, sewage disposal plants, and other facilities for the use and convenience of lot owners of the subdivision, the Grantee agrees that the real estate herein conveyed shall be sbject to and chargeable with an annual maintenance and improvement assessment, to be levied by and paid to the Grantor, of not to exceed forty-five cents (45¢) per year per front foot of said real estate, provided that where the foot frontage of any lot is greater or less than fifty feet (50’) then the assessment shall be made on the number of feet across the width of the lot, measured at a point midway between the front line and rear line of said lot.  Provided further that said assessment may with the consent of a majority of the lot owners be fixed at a flat sum for all lots, making such difference between front tier lots and second tier lots as conditions may warrant.  Such annual assessment shall be made and levied by the Grantor, on or before the first day of May of each year, and shall be due and payable without interest on the first day of June.  Written notice of the amount of said annual assessment may be given to each owner whose address is listed with the Grantor, but failure to give such notice shall not affect the validity or enforceability of such annual assessment.  Each annual assessment shall become and constitute a first and superior lien on said real estate from the date of the making and levying of the same, and such lien shall continue until the assessment and interest thereon is paid and satisfied in full.  In the event that such annual assessment be not paid and satisfied by the twentieth day of June of said year, then such annual assessment shall bear interest from and after the first day of June of said year at the rate of eight (8) per cent per annum.  Each such annual assessment, together with interest thereon, a reasonable attorney’s fee, and court costs, shall be enforceable and collectible as a lien upon said real estate in and by suit, action, or other proceedings in any court of Jackson County, Missouri, having jurisdiction of suits for the enforcement of such or similar liens, instituted or commenced by and in the name of Grantor as party plaintiff, in which case the lien of the assessment shall continue until the final termination of the suit or action and until sale of the real property under execution of the judgment therein.

 The Grantor agrees that all lots in said block sold for residence purposes shall contain the same restrictions as set out in this deed, but nothing herein contained shall limit the right of the Grantor to use the portions of property in said subdivision not sold for residence purposes as it may see fit.

 All rights, privileges and obligations of the Grantor herein shall inure, pass to and bind its successors or assigns.

 Breach or violation of any of the foregoing covenants, reservations, and restrictions may be restrained and/or enjoined by appropriate proceedings at law or in equity by or on behalf of Grantor or any owner of real estate in the same block, and Grantor or any such owner shall have the right to recover damages resulting from such breach or violation.

 These restrictions shall run with the land and bind all subsequent owners until and including January 1, 2008.  Said restrictions may be extended beyond said period, for a new period not exceeding twenty years by an instrument executed by the then owners of a majority of the front feet (lake side) in said Subdivision and duly acknowledged and recorded in the Recorder’s Office of Jackson County, Missouri, before the expiration of said period, and further extensions may be effected in like manner.

             These restrictions, or any part thereof, may be released by an instrument executed by the owners of a majority of the front (lake side) in said Subdivision and duly acknowledged and recorded in the Recorder’s Office of Jackson County, Missouri.  Provided:  the Lake Lotawana Development Company for itself, its successors and assigns, agrees that it will not execute such an instrument releasing said restrictions unless such instrument is signed by a majority of the other property owners in said Subdivision.

 NOW, THEREFORE, in consideration of the premises and in consideration of the sum of One Dollar ($1.00) to each of the parties hereto paid by the other, the receipt of which is hereby acknowledged, and the mutual covenants, promises, and agreements of the undersigned owners, herein contained.

 IT IS HEREBY AGREED AND COVENANTED by and between the parties hereto, who mutually promise to each other, and bind each signor’s heirs, executors, administrators, successors, devisees, grantees, lessees, and sub-lessees, jointly and severally, such signors being the owners in fee of those lots in said subdivision known as Lake Lotawana, described as aforesaid, set opposite their respective names below, which lots and tracts of land so described and signed for by such owner thereof constitute a majority of the frontage and the front feet (both lake side and road side) in said whole subdivision and also a majority of the front feet in each block in said subdivision (both lake side and road side) known as Lake Lotawana (including property the record title of which is owned in fee by said corporation), necessary for the extension of such covenants and restrictions and restricted by the covenants in said individual corporation warranty deeds issued by Lake Lotawana Development Company to the origianl grantees of each of the described properties therein, that each and every one of such covenants and restrictions as the same are applicable to each lot and tract of land as the same are set forth in each and every corporation warranty deed issued by said corporation in Lake Lotawana, a subdivision of land as shown by the recorded plat thereof and substantially as hereinbefore set forth, are renewed for a period of 20 years from January 1, 1988, on each and every one of the lots and tracts of land so covered by the covenants and restrictions so set forth in each of said warranty deeds, and in said corporation’s declaration of restrictions aforesaid; and further extensions may be effected in like manner.

 The intention of each signor hereof, by the act of signing this agreement, is as follows:

 (a)               That the covenants and restrictions renewed as aforesaid are the covenants and restrictions applicable to each lot or tract of land as expressed in the Extension of Restrictions Agreement #I-03276 recorded in Book Number I-11, Page 157 in the office of the Recorder of Deeds, Independence, Jackson County, Missouri.

 (b)               In the event any paragraph, section, line, clause, or word of this agreement should be declared void or of no effect by any court of competent jurisdiction, no other paragraph, section, line, clause, or word hereof shall be affected thereby, but shall be and remain in full force and effect, or in the event this agreement should be held inapplicable as to any individual or to any lot, tract or parcel of land within the limits of said Lake Lotawana by any court of competent jurisdiction, the same shall not effect any other signor hereof or subsequent grantees of any other lot, tract or parcel of land therein.

 (c)               In the event any original conveyance from said corporation or from any other person to any individual lots, tracts or parcels of land within the limits of said Lake Lotawana fails to set forth the restrictions and covenants in full but merely recites in effect that such conveyances shall carry the restrictions and covenants carried in other deeds to lands in said Lake Lotawana, or that such conveyance should be subject to the restrictions and covenants in effect or as may be allowed or imposed in said Lake Lotawana, or words of similar import or meaning, each owner of any such lot, tract or parcel of land holding under, by or through such conveyance and being a signor hereof, states that his, her, or its intention is that in construing such conveyance the applicable covenants and restrictions to such lot, tract or parcel of land, and renewed herein, shall be those set forth herein.

 Each signor hereof states that there has been no misrepresentation of facts to induce the signature of signor to this extension agreement, nor any misapprehension of facts as to the result thereof, and each signor states and warrants that the property for which he, she, or it signed hereunder was purchased with notice, actual or constructive, of the aforesaid restrictions contained in the several deeds and the covenant therein authorizing the extension thereof, and the covenant and agreement therein that each of such lots sold by Lake Lotawana Development Company, a corporation, would bear substantially similar restrictions; that said covenants and restrictions are hereby extended pursuant to the power vested in the owner of each lot as shown by the signature of such owner appended hereto, to agree to extend such covenants and restrictions as set forth in the original deed from Lake Lotawana Development Company to the original grantee thereof; that such renewal of said covenants and restrictions is considered by each signor hereof to confer benefits to each signor and every other signor hereof and to the whole subdivision, including lots and tracts of land not heretofore conveyed by Lake Lotawana Development Company; and that there has not been heretofore and will not in the future be any abandonment of said restrictions and covenants and that the same are obligatory upon each owner of property in said subdivision.

         In consideration of the premises and the mutual benefit to the present owners of the above described lots and all other similarly affected, it is hereby agreed and covenanted that by the signing of this extension agreement the owner of any lot described above or the owner of any other lot in said Lake Lotawana, the original conveyance of which from said corporation is not recorded as aforesaid, agrees with other signors similarly situated, that until such original deed from said corporation is placed on record in said Recorder’s Office, that such lot shall carry the covenants and restrictions set forth herein, in the signor hereof, and such signor’s future grantees, heirs, executors, administrators, successors, assigns, lessees, and sub-lessees, which covenants and restrictions shall run with the land until January 1, 2008.

             IN WITNESS WHEREOF, the undersigned, have hereunto set our hands at the line or lines describing the lots, tracts or parcels of land in said Lake Lotawana owned as aforesaid by us, on the date of the respective acknowledgements to our signatures hereto, in the year 1987.