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RESTATED AND AMENDED COVENANTS, CONDITIONS AND RESTRICTIONS APPLICABLE TO COUNTRY BLUFF ESTATES AND COUNTRY BLUFF ESTATES, FIRST ADDITION, AND COUNTRY BLUFF ESTATES, SECOND ADDITION
THIS RESTATEMENT AND AMENDMENT IS made and effective as of February 24, 2005, and is presented for recording by the Country Bluff Estates Property Owners Association, Inc., as grantor, and the owners, as Grantees, of each lot in Country Bluff Estates, as shown by the plat recorded in Plat Book/Slice C, Page 512; Country Bluff Estates, First Addition, as shown by the plat recorded in Plat Book/Slice C, Page 611 and the Replat of Lot 37 and Lots 55 through 66, Country Bluff Estates, First Addition, as shown by the plat recorded in Plat Book/Slide D-138; and Country Bluff Estates, Second Addition, as shown by the plat recorded in Plat Book/Slide C, Page 761.
This Restatement and Amendment ahs been adopted by 75% of the owners of lots in country Bluff Estates, Country Bluff Estates, First Addition, and Country Bluff Estates, Second Addition, whether each subdivision is counted separately or together.
This Restatement and Amendment is intended to replace the covenants filed in Book 318 at Page 3875-3880, Book 319 at Pages 8654-8661, and Book 343 at Pages 5641-5650, and Book 319 at Pages 9823-9827, with a single document that reflects changes having to do with the annexation of Country Bluff Estates and Country Bluff Estates, Second Addition, into the City of Branson, with the City having assumed maintenance responsibility for the subdivision streets, water and sewer systems and with the ending of the developer's special role, due to Country Bluff Estates, Inc., having completed its development work and having sold nearly all of its lots. In addition, minor changes are made in permitted uses. In this document the word "subdivision" is used to refer to Country Bluff Estates, Country Bluff Estates, Second Addition and any lots shown on replats or amended plats of lots within Country Bluff Estates or Country Bluff Estates, Second Addition.
The following covenants, conditions and restrictions are herby declared to be covenants running with the land and shall be fully binding upon all persons now owning or acquiring property in Country Bluff Estates and Country Bluff Estates, Second Addition, whether acquiring by descent, devise, purchase or otherwise, and any person by the acceptance of title to any lot in this subdivision shall thereby agree and covenants to abide by and fully perform the following covenants, conditions and restrictions:
1. Each lot in the subdivision shall be used for only one single family dwelling and private garage for not more than four cars.
2. No lots shall be subdivided and developed. If a lot owner also owns one or more adjoining lots he may sell all or any part of his extra lot or lots to the owner of a lot adjacent to the parcel to be conveyed, but, by doing so, the lot or part of the lot conveyed will become part of the buyer's adjacent lot, and the part not conveyed will become or remain part of the seller's adjacent lot, and both seller and buyer must thereafter develop, occupy and sell their entire parcels as a single lots. Before any lot or part of a lot is added to a lot, the owner must comply with the regulations of the City of Branson pertaining to lot-splits and replats.
3. No building, wall, fence, or other structure in the improvement shall be erected or place on any lot in the subdivision until the building plans, specification and plot plans showing the design, location and front elevation of such building or improvement have been approved in writing as to the conformity and harmony of external design with other structures in the subdivision, and as to the location of the building or improvement with respect to topography and finished ground elevation, as to the sufficiency of the specification by the Architectural Control Committee (ACC). The ACC shall consist of three persons appointed by a majority of the board members of the Country Bluff Estates Property Owners Association, Inc. (Association). The three members of the ACC may, but are not required to appoint a fourth member. A majority vote of the ACC is controlling. In the event of death or resignation of any member of the ACC, the Association's board shall appoint a new member to fill the unexpired term. None of the members of the ACC shall be entitled to any compensation for serving on the ACC.
4. The ground floor area of any one-story residence, exclusive of open porches, open breezeways, garages, carports and basements shall be not less than 1,500 square feet. The first-floor area of any residence containing more than one level shall be not less than 1,200 square feet. In addition, all residences shall have an attached garage, with a minimum usable floor area of 576 square feet, with no length or width dimension less than 22 feet.
5. Front setback shall be 25 feet; side yard setbacks shall be 10 feet, and rear yard setbacks shall be 15 feet. Measurements shall be from the foundation to the lot lines. The ACC may grant setback variances according to a written policy adopted by the Association board.
6. All construction shall be competed within one year from the start thereof, including grading and seeding or sodding lawn areas. During and after construction, no unnecessary building materials, large piles of fill dirt, or trash shall be permitted to remain on any lot in the subdivision. If construction materials and debris remain after one year from the start of construction, the Association has the rights, at the expense of the lot owner, (a) to remove and dispose of debris and fill dirt and to store material, and (b) to complete the seeding or sodding of the lawn. The Association's cost shall be a personal cost asses against the lot owner and secured by a lien on the lot and shall be otherwise subject to the assessment and collection provisions in Section 21, below.
7. All lots in the subdivision shall have a paved driveway, with a minimum width of 18 feet, extending from the street to the garage. The driveway shall be completed before the house is occupied.
8. No business or business activity shall be conducted upon any lot in the subdivision, if that business activity is inconsistent with zoning regulations, or if the business activity involves any of the following:
This restriction is not intended to prohibit business use of telephones, fax machines or computers in home offices or occasional production of artworks (such as paintings and crafts by residents.
9. No mobile home, trailer, basement of any incomplete home, tent, shack, garage, barn, outbuilding or other structure of a temporary character shall be used on any lot in the subdivision at any time as a residence, either temporary or permanent.
10. No sign of any kind shall be displayed to the public view upon any lot in the subdivision, except for "for sale" signs (pertaining to real estate on the lot being sole) of not more than six square feet or signs relating to elections but only in a period of 21 days before the election date, which must be removed within three days of the election, and garage sale signs one day prior to the sale, the day of the sale and one day after the sale. Garage sale signs may be posted at the subdivision entrance only on the day of the sale.
11. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in the subdivision, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. All household pets must be kept on leash or chain when not on the owner's lot and pet owners must clean up their pet's feces immediately from lots (other than the pet owner's lot), streets and common areas.
12. No outside clothesline shall be erected or maintained on any lot in the subdivision.
13. No lot in the subdivision shall be used or maintained as a dumping ground for rubbish. Trash, garbage and all other waste shall be kept in sanitary containers. No construction equipment may be in the subdivision except in connection with construction projects within the subdivision. No non-operable automobiles, building materials and scrap, automobile parts or mechanical equipment (other than installed HVAC equipment) shall be stored outside any garage. No trash receptacles shall be visible from the street except upon trash pick-up days.
14. No vehicle (automobile, truck, tractor, motor home, trailer, boat, utility vehicle, camper, motorcycle, etc.) shall be permitted to be parked on any lot or anywhere in the subdivision for more than 72 hours, except within a garage, with the garage door closed. Parking along the streets is prohibited except in connection with occasional social events, auctions or garage sales.
15. No fuel tanks shall be permitted other than propane tanks in side yards or rear yards that are buried or completely screened from view from the street and adjacent lots by shrubs or permitted fences.
16. All utility lines in the subdivision, including electrical, water, sewer, telephone and TV cable, shall be buried underground.
17. All lot owners shall install and maintain mailboxes according to the regulations of the ACC as adopted by the Association's board, with mailbox placement and designed subject to United States Postal Service regulations, absent central mailboxes.
18. Satellite dishes and radio or television towers or antennae are prohibited unless not visible from any street except that satellite dishes of one meter diameter or smaller are permitted to the extent mandated by federal law.
19. The Association's board shall obtain policies of liability and casualty insurance relating to the clubhouse, swimming pool, and other Association property, with such coverage and in such amount as the board deems appropriate. The board shall also provide for maintenance, repair and replacement of Association property, and hire such persons as the board deems necessary to provide for the maintenance, repair and replacement of Association property and the administration of Association business.
20. The Association's board, at least annually, shall submit a proposed budget for the next fiscal year by mail to the owners of lots in the subdivision (as the owners' names and addresses are shown by the Taney County Recorder's deed records), which categorize the financial needs of the Association. The proposed budget shall include a statement of the amount that each lot will be assessed, and will be accompanied by a ballot card for return to the board by mail or hand-delivery by a date not less than 30 days after the mailing of the proposed budget. The proposed budget will also identify a time and place for a meeting at which the board will explain the budget. Unless 50% or more of the lots have voted to reject the proposed budget as shown by ballots returned and received by the deadline set by the board, the proposed budget will be deemed to have been approved by the lot owners, and the amount of the assessment for each lot will be fixed. If the proposed budget is rejected by the vote of the lot owners, the prior years' budget and assessments will remain in place until a new budget and assessments are approved in the manner described above.
21. The Association shall have the right to assess, not less frequently than annually, each property owner for a fair share of the insurance (if any); maintenance, repair and replacement of the clubhouse, swimming pool, and other property of the Association, to the extent not provided by the city or county, and maintenance, and repair and replacement of any signs and entrance features. The Association shall have the right to impose a lien against the property within 30 days of the date billed and shall bear interest at the rate of 1.5% per month plus a late processing fee of $50.00. The Association shall have the right to collect such assessments by non judicial or judicial foreclosure or by seeking a personal judgment (without affecting the lien of the assessments), and shall be entitle to recover all costs of collection, court cost and attorney fees.
22. The Association, through its board, shall have the right to enforce any provision of these covenants by seeking an injunction in the courts of Taney County. In any such litigation, the prevailing party shall be entitle to recover its costs, including attorney fee, filing fees, fees for service of summonses and subpoenas, fees for expert testimony, and fees for court reporters.
23. Subject to the right of partial amendment, as described below, the covenants, conditions and restrictions of the Declaration as a whole will endure for 25 years. After that they will continue to bind the subdivision's lot owners for successive 5-year periods unless before the 25 years has expired, the owners of seventy five percent of the lots file proper amendments with the Recorder of Deeds, which amendments will become effective at the time recorded in the land records of Taney County, and the Declaration as a whole, as amended, will extend in force for a 10-year period beginning on the 25th anniversary of the recording of this original Declaration. If the owners of a majority of the lots do not amend the covenants before the 25 years has expired, the Declaration will continue to bind the subdivision's landowners for 10 more years. After the continue to bind the subdivision's landowners for another 10 years unless the owners of a majority of the subdivision's lots file amendments with the Recorder of Deeds, which specify a different date at which the covenants, conditions and restrictions of the Declaration as a whole, as amended, shall expire.
IN WITNESS WHEREOF, the owners of lots in Country Bluff Estates, Country Bluff Estates First Addition, and Country Bluff Estates Second Addition have signed this instrument.
SEE COUNTERPART SIGNATURE PAGE