Deed Of Restrictions
PLATTE BROOKE NORTH
DECLARATION OF RESTRICTIONS
1. All lots shall be used for residential purposes only. No commercial business, enterprise or trade shall be carried on in Platte Brooke North, First Plat. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height in the front and having garage attached or included.
2. Before any structure shall be built, altered or placed on any lot the construction plans and specifications and a plan showing the location and front, sides and back elevations of the structure shall be submitted to and have the written approval of a building committee, as to quality and type of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered without similar approval. The initial building committee shall consist of Richard A. Erickson, Edgar L. Barth, and Jerry D. Nelson. In case of a vacancy by death or resignation, the remaining member or members of the committee may function and may fill such vacancy or vacancies by appointment. Any two members shall have fall power to act for the committee.
3. No dwelling shall be erected or placed on any lot having a width of less than seventy (70) feet at the minimum building set back line and an area less than 8,000 square feet except that any dwelling built on a regularly platted lot shall be deemed in full compliance herewith.
4. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. The declarant, its successors or assigns shall have and do hereby reserve with consent of the building committee, the right to relocate, erect, construct, maintain and use, or authorize the location, erection, construction, maintenance and use of drains and storm sewers, and to give or grant rights of way or easements therefor over and upon any part of said land described herein. Provided no drain or storm sewer may be placed so as to interfere with existing buildings or the proper location of a building on a platted lot. No water from roof downspouts or surface drainage shall be placed in any sanitary sewer line.
5. Minimum standards for square footage of enclosed living space, exclusive of garages, porches, porte-cocheres, patios, basements open breezeways or attics, are hereby established for any residence erected on any of the lots in Platte Brooke North, First Plat, as follows: Any ranch style residence shall contain a minimum of 1700 square feet of first floor living space, and two-story residence shall contain a minimum of 1000 square feet of living space on each floor, and one and one-half story residence shall contain a minimum of 1400 square feet of living space on the first floor and a minimum of 600 square feet of living space on the second floor, any split-level residence shall contain a minimum of 1700 square feet of living space; provided, however, that interior areas of any residence, which are in excess of the aforementioned minimum requirements and not located on the first floor, need not be immediately completed for occupancy if the residence is so designed and built that such areas can be finished at a later date without any structural changes being made in the exterior of the residence, and if written permission of the building committee is obtained. Every residence shall contain at least two bathrooms, and an attached garage for at least two cars.
6. Residences shall front on the street, provide that on all comer lots residences may face both streets, either street, or the comer, upon written approve of the Building Committee.
7. No part of any residence, except as hereinafter provided, may be erected or maintained on any of the lots nearer to the front street or the side street than is the front building line or the side building line shown in the plat of Platte Brooke North - First Plat, and no residence may be built, erected or maintained on any of the said lots more than 15 feet farther from the street than said building line; except that the declarant and its successors and assigns reserve the right to modify the building lines in the event that any street, easement or right-of-way is changed or modified through a resurvey of any part of said plat. The building committee as herein provided for may give written permission to vary the location of residences and permit projections up to within ten feet of the street or a greater setback than otherwise permitted where the natural elevation of the lot along the established setback lines is more than either eight feet above or four feet below the established roadway level along the abutting street or to avoid unnecessary or unreasonable destruction of trees and where in the opinion of the building committee the location and architectural design will not detract materially from the appearance and value of other properties.
8. The main body of any residence, including attached garages, attached greenhouses, enclosed or unenclosed porches, shall not occupy more than 80 percent of the width of the lot upon which such residence is erected. In computing this requirement the width of the lot shall be the distance between the side lot lines measured on a line at the front of the house at right angles to a line drawn from the mid-point of the front lot line to the mid-point of the back lot line. No part of the house shall project closer to any side lot line than 10 percent of this width or closer than city code requirements permit. The conveyance of any part of any lot shall not reduce the frontage below the requirements of this paragraph.
9. No animals, livestock or poultry may be raised, bred, kept or maintained upon any of the lots; household pets not to exceed three in number may be kept but must be restrained on a leash or in a fenced backyard, provided that they are not kept, bred, or maintained for any commercial purpose.
10. No tank for the storage of fuel may be maintained above the surface of the ground.
11. No signs, advertisements, billboards or advertising structures of any kind may be erected or maintained on any of the lots; provided, however, that one advertising board of not more than five (5) square feet may be maintained on each lot or tract when it is placed upon the market for sale.
12. No trailer, basement, tent, shack, garage, barn or other outbuilding shall be erected or maintained on any property in said subdivision or at any time to be used as a residence temporarily or permanently, nor shall any residence of a temporary character be permitted. No dwelling or residence shall be occupied until fully completed except as provided for in Restriction 5. No residence shall be moved from another location to any lot herein.
13. No rolled roofing or any other roofing material not currently recognized as a permanent type of construction shall be used, any roof other than wood or tile must be approved specially in writing by the building committee. Certain types of "simulated wood or tile" roofing which has the following characteristics are deemed a permanent type of construction permitted by the declaration of restrictions: Dimensional architectural shingle qualities, with shadow lines or relief imitating a wood shake or wood shingle; must have the appearance and color range of natural weathered cedar shingles or weathered cedar shakes: must employ a minimum of near 300 pounds per square or 40 year warranty rating, and be of a Class A fire rated material. Simulated wood or tile roofing products must have written approval of the architectural committee prior to installation. Exterior coverings of asphalt paper, tin or any material not recognized as substantial or permanent shall not be permitted. All wood exteriors except roofs, shall be covered with not less than the equivalent of two coats of good paint or one coat of good stain. A house must be commenced in four months after initial purchase of the lot and must be substantially completed in six months thereafter. No building shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than necessary to repair or demolish it. These times may be extended with written permission of the Building Committee.
14. No boat, truck, trailer, camper, bus, or commercial vehicle shall be parked upon any of the lots or upon any of the streets in said subdivision except as incidental to construction or repair work being done there and not building material of any type, machinery, equipment, graders, diggers, tractors shall be permitted to remain in said subdivision except as incidental to construction work being there carried on. Recreation vehicles, boats with trailers, campers, house trailers, and other specialty vehicles of a recreational nature may be permitted off street in the back of the front of the house with written permission of the building committee only.
15. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become and annoyance or nuisance to the neighborhood.
16. No outbuildings, detached garages or other structures shall be permitted. Towers, aerials, satellite dishes, pergolas, ovens, detached structures for ornamental purposes, tennis courts, swimming pools, playhouses and other recreational facilities may be erected only with written approval of the building committee. All fences and walls shall be of an ornamental nature and shall not exceed 72 inches in height above the ground, may not extend closer to the street than the front of the house and must be approved in writing by the building committee; provided however, where a swimming pool is maintained, city codes or insurance codes shall be respected.
17. Tracts "A" and "B," as shown on the plat of Platte Brooke North, First Plat, are dedicated and set aside, and an easement is provided for the use and maintenance of an entrance feature and other entrance facilities including plantings and landscaping, and the Home Owners Association of Platte Brooke North shall finance, use and maintain same, for the benefit of all the lot owners, to appropriately decorate, beautify, identify, and to control or direct traffic entering and exiting Platte Brooke North, First Plat.
18. Invalidation of any one or more of these covenants by judgment or court order shall in no wise affect the validity of the other provisions which shall remain in full force and effect.
19. These covenants and restrictions shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date hereon at which time said covenants shall be automatically extended for successive periods often (10) years unless at any time by instrument in writing signed and acknowledged by the then fee title (not including mortgage, contingent or remainder interests) owners of a majority of the platted lot in Platte Brooke North, First Plat, or any additions thereto, it is agreed to change, modify, or revoke these covenants and restrictions in whole or in part, provided declarants own less than 5 or more than 24 of the platted lots, otherwise the required majority shall be 65. Declarants in their original ownership shall be allocated three votes per lot owned.
20. If the parties hereto, the declarant, its successors or assigns, any grantee or his tenant or lessee or any of them, or their heirs, executors, administrators or assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real estate or property situated in Platte Brooke North, First Plat, or association of such persons, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. A duly organized Association of property owners may bring such suit as may be permitted.
PLATTE BROOKE NORTH
DECLARATION OF RESTRICTIONS
1. All lots shall be used for residential purposes only. No commercial business, enterprise or trade shall be carried on in Platte Brooke North, First Plat. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height in the front and having garage attached or included.
2. Before any structure shall be built, altered or placed on any lot the construction plans and specifications and a plan showing the location and front, sides and back elevations of the structure shall be submitted to and have the written approval of a building committee, as to quality and type of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered without similar approval. The initial building committee shall consist of Richard A. Erickson, Edgar L. Barth, and Jerry D. Nelson. In case of a vacancy by death or resignation, the remaining member or members of the committee may function and may fill such vacancy or vacancies by appointment. Any two members shall have fall power to act for the committee.
3. No dwelling shall be erected or placed on any lot having a width of less than seventy (70) feet at the minimum building set back line and an area less than 8,000 square feet except that any dwelling built on a regularly platted lot shall be deemed in full compliance herewith.
4. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. The declarant, its successors or assigns shall have and do hereby reserve with consent of the building committee, the right to relocate, erect, construct, maintain and use, or authorize the location, erection, construction, maintenance and use of drains and storm sewers, and to give or grant rights of way or easements therefor over and upon any part of said land described herein. Provided no drain or storm sewer may be placed so as to interfere with existing buildings or the proper location of a building on a platted lot. No water from roof downspouts or surface drainage shall be placed in any sanitary sewer line.
5. Minimum standards for square footage of enclosed living space, exclusive of garages, porches, porte-cocheres, patios, basements open breezeways or attics, are hereby established for any residence erected on any of the lots in Platte Brooke North, First Plat, as follows: Any ranch style residence shall contain a minimum of 1700 square feet of first floor living space, and two-story residence shall contain a minimum of 1000 square feet of living space on each floor, and one and one-half story residence shall contain a minimum of 1400 square feet of living space on the first floor and a minimum of 600 square feet of living space on the second floor, any split-level residence shall contain a minimum of 1700 square feet of living space; provided, however, that interior areas of any residence, which are in excess of the aforementioned minimum requirements and not located on the first floor, need not be immediately completed for occupancy if the residence is so designed and built that such areas can be finished at a later date without any structural changes being made in the exterior of the residence, and if written permission of the building committee is obtained. Every residence shall contain at least two bathrooms, and an attached garage for at least two cars.
6. Residences shall front on the street, provide that on all comer lots residences may face both streets, either street, or the comer, upon written approve of the Building Committee.
7. No part of any residence, except as hereinafter provided, may be erected or maintained on any of the lots nearer to the front street or the side street than is the front building line or the side building line shown in the plat of Platte Brooke North - First Plat, and no residence may be built, erected or maintained on any of the said lots more than 15 feet farther from the street than said building line; except that the declarant and its successors and assigns reserve the right to modify the building lines in the event that any street, easement or right-of-way is changed or modified through a resurvey of any part of said plat. The building committee as herein provided for may give written permission to vary the location of residences and permit projections up to within ten feet of the street or a greater setback than otherwise permitted where the natural elevation of the lot along the established setback lines is more than either eight feet above or four feet below the established roadway level along the abutting street or to avoid unnecessary or unreasonable destruction of trees and where in the opinion of the building committee the location and architectural design will not detract materially from the appearance and value of other properties.
8. The main body of any residence, including attached garages, attached greenhouses, enclosed or unenclosed porches, shall not occupy more than 80 percent of the width of the lot upon which such residence is erected. In computing this requirement the width of the lot shall be the distance between the side lot lines measured on a line at the front of the house at right angles to a line drawn from the mid-point of the front lot line to the mid-point of the back lot line. No part of the house shall project closer to any side lot line than 10 percent of this width or closer than city code requirements permit. The conveyance of any part of any lot shall not reduce the frontage below the requirements of this paragraph.
9. No animals, livestock or poultry may be raised, bred, kept or maintained upon any of the lots; household pets not to exceed three in number may be kept but must be restrained on a leash or in a fenced backyard, provided that they are not kept, bred, or maintained for any commercial purpose.
10. No tank for the storage of fuel may be maintained above the surface of the ground.
11. No signs, advertisements, billboards or advertising structures of any kind may be erected or maintained on any of the lots; provided, however, that one advertising board of not more than five (5) square feet may be maintained on each lot or tract when it is placed upon the market for sale.
12. No trailer, basement, tent, shack, garage, barn or other outbuilding shall be erected or maintained on any property in said subdivision or at any time to be used as a residence temporarily or permanently, nor shall any residence of a temporary character be permitted. No dwelling or residence shall be occupied until fully completed except as provided for in Restriction 5. No residence shall be moved from another location to any lot herein.
13. No rolled roofing or any other roofing material not currently recognized as a permanent type of construction shall be used, any roof other than wood or tile must be approved specially in writing by the building committee. Certain types of "simulated wood or tile" roofing which has the following characteristics are deemed a permanent type of construction permitted by the declaration of restrictions: Dimensional architectural shingle qualities, with shadow lines or relief imitating a wood shake or wood shingle; must have the appearance and color range of natural weathered cedar shingles or weathered cedar shakes: must employ a minimum of near 300 pounds per square or 40 year warranty rating, and be of a Class A fire rated material. Simulated wood or tile roofing products must have written approval of the architectural committee prior to installation. Exterior coverings of asphalt paper, tin or any material not recognized as substantial or permanent shall not be permitted. All wood exteriors except roofs, shall be covered with not less than the equivalent of two coats of good paint or one coat of good stain. A house must be commenced in four months after initial purchase of the lot and must be substantially completed in six months thereafter. No building shall be permitted to stand with its exterior in an unfinished condition for longer than six months after the commencement of construction. In event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than necessary to repair or demolish it. These times may be extended with written permission of the Building Committee.
14. No boat, truck, trailer, camper, bus, or commercial vehicle shall be parked upon any of the lots or upon any of the streets in said subdivision except as incidental to construction or repair work being done there and not building material of any type, machinery, equipment, graders, diggers, tractors shall be permitted to remain in said subdivision except as incidental to construction work being there carried on. Recreation vehicles, boats with trailers, campers, house trailers, and other specialty vehicles of a recreational nature may be permitted off street in the back of the front of the house with written permission of the building committee only.
15. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become and annoyance or nuisance to the neighborhood.
16. No outbuildings, detached garages or other structures shall be permitted. Towers, aerials, satellite dishes, pergolas, ovens, detached structures for ornamental purposes, tennis courts, swimming pools, playhouses and other recreational facilities may be erected only with written approval of the building committee. All fences and walls shall be of an ornamental nature and shall not exceed 72 inches in height above the ground, may not extend closer to the street than the front of the house and must be approved in writing by the building committee; provided however, where a swimming pool is maintained, city codes or insurance codes shall be respected.
17. Tracts "A" and "B," as shown on the plat of Platte Brooke North, First Plat, are dedicated and set aside, and an easement is provided for the use and maintenance of an entrance feature and other entrance facilities including plantings and landscaping, and the Home Owners Association of Platte Brooke North shall finance, use and maintain same, for the benefit of all the lot owners, to appropriately decorate, beautify, identify, and to control or direct traffic entering and exiting Platte Brooke North, First Plat.
18. Invalidation of any one or more of these covenants by judgment or court order shall in no wise affect the validity of the other provisions which shall remain in full force and effect.
19. These covenants and restrictions shall run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date hereon at which time said covenants shall be automatically extended for successive periods often (10) years unless at any time by instrument in writing signed and acknowledged by the then fee title (not including mortgage, contingent or remainder interests) owners of a majority of the platted lot in Platte Brooke North, First Plat, or any additions thereto, it is agreed to change, modify, or revoke these covenants and restrictions in whole or in part, provided declarants own less than 5 or more than 24 of the platted lots, otherwise the required majority shall be 65. Declarants in their original ownership shall be allocated three votes per lot owned.
20. If the parties hereto, the declarant, its successors or assigns, any grantee or his tenant or lessee or any of them, or their heirs, executors, administrators or assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real estate or property situated in Platte Brooke North, First Plat, or association of such persons, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. A duly organized Association of property owners may bring such suit as may be permitted.