Powers and Duties of the Homes Association-
(1) To enforce any or all restrictions which may have heretofore or may hereafter be imposed on the land in the Subdivision, either in the form as originally stated or as modified subsequently thereto; providing that nothing herein contained shall prevent any owner having the right to do so, to enforce any restriction in his own name at his own expense.
(2) To provide for suitable services for the collection of rubbish and garbage.
(3) To levy or collect assessments as may be authorized for the carrying our of the above purpose.
Method of Providing General funds-
For the purpose of providing a General Fund to enable the Home Association to perform the duties and maintain the improvements herein provided, all land in RUSKIN HEIGHTS is subject to an annual assessment. The first assessment to be paid to the Home Association is assessed as of July 1,1953 at the annual rate of thirty-six dollars ($36.00) per annum for each improved lot, and five dollars ($5.00) PER ANNUM FOR EACH UNIMPROVED LOT AS MAY EXIST ON THAT DATE. Such assessments shall be paid within 30 days, at which time it shall become delinquent. Subsequent assessments in like amount are levied as of January 1st of each year and payable within 30 days of the 1st of said year so long as the Home association shall be responsible under this Declaration. The next assessment on January 1st thereafter shall be in an amount as the Home Association may determine but shall not exceed the annual rate of thirty-six ($36.00) per annum for each improved lot and five ($5.00) per annum for each unimproved lot as same may exist at the time of levy, unless the owners of two-thirds of the lots herein specified consent in writing by an instrument to be recorded in the office of the Recorder of Deeds, Jackson County, Missouri, to an annual rate in excess of that herein specified.
Lien on Real Estate-
All assessments shall become a lien on real estate on the dates herein specified, and when assessments are made, a written or printed notice thereof shall be deposited in the United States Post Office addressed to the respective owners of the last address listed with the Association. The mailing thereof shall be deemed sufficient and proper notice of the levying of the assessment levied by this Homes Association Declaration, then such assessment shall bear interest at the rate of 8% per annum from the date of delinquency until finally paid.
Enforcement of Lien-
The Association shall have the right to enforce the lien on said real estate in proceedings in any Court of Competent Jurisdiction, and upon institution of suit, the lien shall continue until the termination thereof. It shall be the duty of the Home Association to institute suit within three years from the date of any assessment, otherwise such assessment shall not be enforced as a lien. The lien provided for by this Declaration shall be subordinate to a valid First Lien of Trust on said property.
Covenants running with the Land-
All the provisions of this Declaration shall be deemed to be covenant running with the land and shall be binding upon the parties hereto and upon their heirs, successors and assigns.
This Agreement may be terminated and all of the land affected thereby, released from the terms and provisions hereof, by the owners of three-fourths of the improved lots subject thereto, executing and acknowledging of an appropriate agreement for the purpose, and filing the same for record in the Office of the Recorder of Deeds, Jackson County, Missouri.
A 'corner lot' is one that abuts on more than one street. The street upon which a lot fronts shall be deemed as the front street. Any other street contiguous to such lot shall be deemed a side street. The word 'plot', as used in this statement, is intended to mean a single piece or parcel of land consisting on one lot or more or less than one lot. A 'plot' shall be deemed to front on the same street or streets as the lot or lots constituting such plot. By 'building limit line', as herein used, is meant the line marked 'building limit line', as shown on the plat, or as changed by the Homes Association in accordance with the provisions herein. The word 'street' as used in these restrictions, shall include and street, drive, boulevard, road, lane, way, terrace or court as shown on the plat.
Use of land-
No lot shall be used except for residential purposes except those lots or plats designated 'Business Areas' on the sub-division plat. No noxious or offensive trade or activity shall be carried on upon any lot nor, shall anything be done thereon which may be an annoyance or nuisance to the neighborhood. No trailer, basement, tent, shack, garage, barn or other building erected in the subdivision shall at any time be used as a residence temporary or permanently, nor shall any residence of a temporary character be permitted. No residence or structure shall be moved onto any lot in said subdivision unless it meets with the approval of the Homes Association.
Lot area and frontage-
Every dwelling erected on any plot shall front or present a good frontage on the street o which said plot fronts. Dwellings on corner lots shall have a presentable frontage on all streets on which the particular corner lot abuts. No dwelling shall be erected on a plot having an area of less than seventy five hundred (7500) square feet nor, a frontage of less than sixty (60) feet on the street on which the plot fronts.
Approval of plans-
No building, fence, wall, or other structure shall be commenced, erected or maintained, nor shall any addition thereto or change or alterations therein be made, until plans and specifications, color scheme, plot plan and grading plan therefore, or other information satisfactory to the Homes Association shall have been submitted to and approved in writing by the Homes Association and a copy thereof as finally approved lodged with the Homes Association. In so passing upon such plans, specifications, and other requirements, the Homes Association may take into consideration the suitability of the proposed building or other structure and the materials of which it is to be built, to the site upon which it is proposed to erect same, the harmony thereof with the surroundings and effect of the building or other structure as planned, on the outlook from adjacent or neighboring property.
Size of dwelling-
Any dwelling erected wholly or partially on any of the lots shall have a ground floor square foot area, exclusive of open porches or attached garages, of no less than seven hundred (700) square feet in the case of a one story structure, nor less than five hundred (500) square feet in the case of a one and one-half or two story structure. Attached garages shall not exceed a two car capacity.
No outbuilding or outside toilets shall be permitted on any lot in the district.
No dwelling or any part thereof shall be erected or maintained on any plot near to the adjoining street or streets than the building limit lines shown on the recorded plot. However, the Homes Association reserves the right to change any building limit line, provided the consent of the holder of the legal title of the involved is first obtained, but in no event shall a building limit line be changed so as to bring it more than five (5) feet nearer any adjoining street. However covered or uncovered but not enclosed porches, balconies, ports-cocheres, or terraces may extend beyond the building limit line not more than twelve (12) feet and customary architectural appurtenances, such as cornices, bay windows, spoutings, and chimneys may extend not more than four (4) feet. Steps leading to dwellings may extend beyond such building limit lines, provided such steps are not higher than the level of the first floor of the dwelling.
Dwelling free space-
No part of any dwelling shall be erected or maintained nearer than six and one-half feet to the side line of the property of the plot on which the same is erected, except that cornices, spoutings, chimneys and purely ornamental projections may extend two (2) feet nearer said property line.
The right is reserved to locate, construct, erect or maintain, or cause to be located, constructed, erected and maintained within the areas indicated on the plat as 'easement', sewer and other pipe lines, conduits, poles and wire, and any other method of conducting or performing any public or quasi-public with the right of access at any time to the same for the purpose of repair and maintenance.
Signs, billboards, and miscellaneous provisions-
The construction or maintenance of signs, billboards, or advertising structures of any kind on any lot is prohibited, except that one sign or billboard advertising the rental or sale of property shown on the recorded plat is permitted providing it does not exceed 2X3 feet in size, and except that signs of a larger size, advertising the subdivision, may be erected by the Homes Association. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets ay be kept provided that they are not kept, bred, or maintained for any commercial purpose. Garbage disposal units may be connected to the plumbing in any dwelling therein without consent of the Homes Association. No tank for the storage of oil or other fluids may be maintained on ay of the lots above the surface of the ground. No fence or wall, other than retaining wall, shall be erected or maintained on any lot nearer a front or side street than the building limit line. No building material or any kind or character shall be placed or stored upon any lot until owner therof is ready to commence improvements and the material shall be placed within the property lines of the plot upon which the improvements are to be erected and shall not be placed in the street or between the curb and property line. Shrubbery shall be 3 feet high in front and 6 feet high in rear and within said lot.
These covenants are to run with the land and shall be binding on all parties claiming under them for a period of 30 years from the date these covenants are recorded, after which time said covenant shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
Right to enforce-
The restrictions herein set forth shall run with the land and bind the Homes Association, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the Homes Association, its successors and assigns, and with each of them to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding on any corporation, person or persons, except in respect to breached committed during its, his or their seizing of the title of said land and the owner or owners, of any of the above land shall have 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 failure of the Homes Association or owner or owners of any other lot or lots shown on this plat to enforce any of the restrictions herein set forth at the time of its violation shall in no event, be deemed to be waiver of a right to do so thereafter.