DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS, EASEMENTS AND RESTRICTIONS OF THE GRASSLANDS

Transcription

1 DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS, EASEMENTS AND RESTRICTIONS OF THE GRASSLANDS This Declaration, made and entered into effective the day of, 2010 ( the Effective Date ), by those individuals whose signatures appear on the signature pages of this document ( this Declaration ), and who are collectively referred to herein as "the Declarants and individually as a Declarant. BACKGROUND RECITALS [ Recitals ] This Declaration is made, entered into, executed and recorded in the Real Estate Records of Boone County, Missouri by the Declarants in view of the following facts, matters and circumstances: A large residential real estate development commonly known as The Grasslands or Grasslands, or Grasslands Subdivision, is located within, and is made up of that large tract of real estate ( the Tract ) which is described in that Affidavit ( the Affidavit ) recorded in Book 3337 at Page 132 of the Real Estate Records of Boone County, Missouri, and, particularly: Affidavit; and a. Is generally bounded by the boundaries described in paragraph 4 of the b. Is generally shown and described by that map/drawing, which is attached to the Affidavit as Exhibit B; and c. Is made up of individual platted lots, and parcels of real estate (herein individually referred to as the Parcels ), each of which is intended for ownership by an individual owner and for the location thereon of a dwelling house, residence or residential structure. Such lots and Parcels (herein collectively referred to as Parcels ), are generally shown on Exhibit B to the Affidavit, and are legally described on Exhibit A to the Affidavit and are described on Exhibit 1 to this Declaration. The Grasslands, meaning The Grasslands Subdivision hereinabove described, may be referred to herein as The Grasslands or the Development. The Development occupies the Tract. The Tract is made up of the individual Parcels. There are currently 188 Parcels within the Development/the Tract, which are identified on Exhibit 1 to this Declaration, and the current Owners of which (and their addresses), are also set forth on such Exhibit 1. Each of the undersigned Declarants is the owner of one or more individual Parcels located within the Development. Certain of the Parcels of the Development are subject to an existing Declaration of Reservations, Restrictions and Covenants ( the Existing Declaration ), dated August 18, 1926 and recorded on said date in Book 180 at Page 465 of the Real Estate Records of Boone County, Missouri ( the Existing Declaration ). The Existing Declaration imposes certain easements, restrictions and covenants, which run with the land of certain of the Parcels, but it might not be Dec of Cov.008

2 applicable to all of the Parcels. In addition, the Declarants find that certain of the provisions of the Existing Declaration do not provide for adequate covenants, and restrictions, which will protect the property values of the individual Parcels, and the dwellings and other improvements located on the individual Parcels, and have determined that, therefore, an additional Declaration of Covenants, Conditions, Reservations, Easements and Restrictions needs to be imposed upon the Parcels, which will be binding upon the Declarants and their respective successors in ownership of each of their respective Parcels, and which will constitute the covenants running with the land of those of the individual Parcels which became subject to this Declaration. IT IS NOT THE INTENTION OF THE DECLARANTS TO ABROGATE OR REPLACE THE EXISTING DECLARATION. IT IS THE INTENTION OF THE DECLARANTS TO ENTER INTO A NEW DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS, EASEMENTS AND RESTRICTIONS WHICH WILL IMPOSE COVENANTS, CONDITIONS AND RESTRICTIONS ON THOSE OF THE PARCELS WHICH ARE NOT SUBJECT TO OR ARE ARGUABLY NOT SUBJECT TO THE EXISTING DECLARATION AND WHICH WILL BE ADDITIONAL COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS ON THOSE OF THE PARCELS WHICH ARE SUBJECT TO THE EXISTING DECLARATION. The undersigned Declarants, therefore, desire to enter into an additional Declaration of Covenants, Conditions, Reservations, Easements and Restrictions which will bind the Parcels of the Declarants, and of any Parcel Owners ( Parcel Owners ) of any Parcels within the Tract which are not now included within the Parcels of the Declarants, but the Parcel Owners of which hereafter elect to be subject to the additional covenants, conditions, reservations, easements and restrictions imposed by this document (sometimes referred to herein as this Declaration ), and which will be binding upon all Parcels of the Declarants and those of all other Parcel Owners who hereafter elect to have their Parcel become subject to the provisions of this Declaration, with all Parcels of the Declarants and all such additional Parcels which hereafter become subject to this Declaration, to be held, sold, conveyed, and used subject to the easements, restrictions, covenants, and conditions hereinafter imposed by this Declaration, all of which shall constitute covenants running with the land and all of which are intended for the purposes of enhancing and protecting the value, desirability and attractiveness of the Development, The Grasslands, and of each of the Parcels, and the Buildings and other improvements now or hereafter located on each of the Parcels. THE DECLARANTS AGREE THAT THE PROVISIONS OF PARAGRAPH/SECTION 12 OF THE EXISTING DECLARATION (WHICH DEALS WITH THE DURATION OF THE RESTRICTIONS AND THE AMENDMENT OF THE RESTRICTIONS IMPOSED BY THE EXISTING DECLARATION) NOTWITH- STANDING, AND ANY PROVISIONS OF LAW TO THE CONTRARY NOTWITHSTANDING, THEY AND EACH OF THEM, AND THEIR RESPECTIVE PARCELS, SHALL BE BOUND BY THIS DECLARATION WHEN SIGNATURE PAGES CONTAINING THE SIGNATURES OF PARCEL OWNERS OWNING SIXTY-FIVE PER- CENT (65%) OF THE PARCELS LOCATED WITHIN THE TRACT HAVE BEEN ATTACHED TO THIS DECLARATION, AND THIS DECLARATION, WITH SUCH SIGNATURES APPENDED THERETO, HAS BEEN RECORDED IN THE REAL ESTATE RECORDS OF BOONE COUNTY, MISSOURI. THERE SHALL, THEREFORE, BE NO REQUIREMENT (EXPRESSED OR IMPLIED OR OTHERWISE PUT IN PLACE) THAT THIS DECLARATION BE CONSENTED OR AGREED TO, OR BE SIGNED BY ANY PERCENTAGE OF THE PARCEL OWNERS IN EXCESS OF SUCH REQUIREMENT FOR THE SIGNING OF THIS DECLARATION BY PARCEL OWNERS OWNING AT LEAST SIXTY-FIVE PERCENT (65%) OF THE PARCELS LOCATED WITHIN THE TRACT. IF THIS DECLARATION IS SIGNED (WHETHER ON THE SAME SIGNATURE PAGE Dec of Cov

3 OR SEPARATE SIGNATURE PAGES) BY PARCEL OWNERS OWNING AT LEAST SIXTY-FIVE PERCENT (65%) OF THE PARCELS WITHIN THE TRACT, THEN THIS DECLARATION SHALL BE BINDING UPON THE UNDERSIGNED DECLARANTS AND EACH OF THE UNDERSIGNED DECLARANTS, AND EACH OF THEIR RESPECTIVE PARCELS, AND ALL PRESENT AND FUTURE PARCEL OWNERS OF EACH OF SAID PARCELS, EVEN THOUGH THERE ARE PARCELS (AND PARCEL OWNERS OF PARCELS) WITHIN THE GRASSLANDS/THE DEVELOPMENT, WHICH (AND WHO) ARE NOT SUBJECT TO THE PROVISIONS OF THIS DECLARATION. 65% OF THE PARCELS IS 0.65 X 188 = = 122 PARCELS. E ACH OF THE UNDERSIGNED DECLARANTS UNDERSTANDS THAT EACH OF THE OTHERS OF THE UNDERSIGNED DECLARANTS, AND EACH OF THE PARCEL OWNERS OF ANY PARCEL WHO ELECTS TO BECOME SUBJECT TO THIS DECLARATION, WILL BE SIGNING AND AGREEING TO THIS DECLARATION AND ITS PROVISIONS IN RELIANCE UPON AND IN CONSIDERATION OF THE SIGNING OF THIS DECLARATION AND THE AGREEING TO THE PROVISIONS OF THIS DECLARATION BY EACH OF THE OTHERS OF THE DECLARANTS AND EACH OF SUCH OTHERS OF THE PARCEL OWNERS, AND THAT, THEREFORE, THE SIGNING OF THIS DECLARATION BY EACH OF THE OTHERS OF SUCH THE PARCEL OWNERS WHO CURRENTLY OR HEREAFTER ELECT TO BE BOUND BY THIS DECLARATION SHALL BE FULL, COMPLETE AND ADEQUATE CONSIDERATION FOR THE AGREEMENTS OF EACH OF THE PARCEL OWNERS/EACH OF THE DECLARANTS APPEARING IN THIS DECLARATION. T HE DECLARANTS RECOGNIZE THAT IT IS IMPORTANT TO THE PRESERVATION OF THE PROPERTY VALUES OF THEIR INDIVIDUAL PARCELS, HOMES AND DWELLINGS THAT THE PROVISIONS OF THIS DECLARATION BE IMPOSED, AS COVENANTS RUNNING WITH THE LAND, OF EACH OF THE PARCELS OWNED BY THE PARCEL OWNERS WHO CONSENT AND AGREE TO THE PROVISIONS OF THIS DECLARATION, AND, THEREFORE, AGREE THAT EVEN THOUGH THERE ARE OTHER PARCELS AND PARCEL OWNERS WHICH (AND WHO) ARE NOT SUBJECT TO THE PROVISIONS OF THIS DECLARATION, IT IS FOR THE MUTUAL BENEFIT OF EACH OF THE PARCELS OWNERS WHO DOES CONSENT AND AGREE TO THE PROVISIONS OF THIS DECLARATION THAT THIS DECLARATION AND ALL OF ITS PROVISIONS BE IMPOSED AS COVENANTS RUNNING WITH THE LAND OF THE PARCELS WHICH ARE MADE SUBJECT TO THIS DECLARATION, NOW OR IN THE FUTURE. DECLARATION OF COVENANTS NOW, THEREFORE, in view of the foregoing Recitals, the Declarants hereby declare that all of the real estate contained within the separate lots, tracts and parcels owned by each of the undersigned Declarants (collectively referred to herein as Parcels ), and all Parcels owned by any Parcel Owners who hereafter elect to cause their Parcels to be subject to the provisions of this Declaration in the manner hereinafter described in this Declaration, and all Buildings or improvements now or hereafter located on each and all of such Parcels, shall, hereafter, be held, sold, and conveyed subject to the following restrictions, covenants, and conditions of this Declaration ( this Declaration ), all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the real estate of all such Parcels and the Buildings and other improvements now or hereafter located thereon. These covenants, conditions, reservations, easements and restrictions shall constitute covenants running with the land of each of the Parcels owned by the undersigned Declarants and the land of each of the Parcels owned by each Parcel Owner who hereafter elects to cause his, her or their Parcel to be made subject to this Declaration in the manner hereinafter described in this Declaration, and shall be binding upon all parties having Dec of Cov

4 or acquiring any right, title or interest in the real property of any of and each of such Parcels, and any improvements or Buildings now or hereafter located within each of such Parcels, and shall inure to the benefit of each present and future owner thereof. The Declarants further declare as follows: ARTICLE I DEFINITIONS AND MISCELLANEOUS TERMS AND CONDITIONS This instrument shall for purposes of convenience and purposes of brevity and clarity, be hereinafter referred to and shall be defined as "the Declaration". For purposes of brevity, certain words, phrases and terms used in this Declaration are defined as follows, and the following terms and conditions shall apply: Section 1. Affidavit. All references in this Declaration to the Affidavit, shall mean that Affidavit of John Ott, dated June 11, 2008, which is recorded in Book 3337 at Page 132 of the Real Estate Records of Boone County, Missouri, and which describes the Tract. Section 2. Ancillary Structure. All references in this Declaration to an Ancillary Structure, shall mean a structure located within a Parcel, and which has a roof, but which is not a Building as defined in Section 6 of this ARTICLE. A shed, storage building, carport or detached garage would, therefore, by way of example, be an Ancillary Structure. Section 3. Articles of Incorporation. All references in this Declaration to Articles of Incorporation or the Articles of Incorporation or the Articles shall mean and refer to Articles of Incorporation for the Association, which accompany the Certificate of Incorporation for the Association, which such Certificate and Articles of Incorporation are attached to this Declaration as Exhibit 2 and are incorporated into this Declaration by reference. Section 4. Association. All references in this Declaration to Association or the Association, shall mean and refer to Grasslands Neighborhood Association, an existing not-forprofit corporation of the State of Missouri, which has been formed as not-for-profit corporation N by Certificate of Incorporation issued by the Secretary of State of the State of Missouri on July 7, Section 5. Board. All references herein to the Board or Board of Directors shall mean and refer to the Board of Directors of the Association. Section 6. Building. All references in this Declaration to a Building, shall mean a building which is intended to contain one or more Living Units, each of which such Living Units is/are intended to be used and shall be used only as a residence for a single Family as defined in Section 13 of this Article. A Building may, therefore, contain one or more Living Units, subject to the provisions of this Declaration. A single family house would, therefore, be a Building. A duplex structure which contains two (2) Living Units shall be a Building. A multi-family Residential Building shall be a Building. A building divided into condominium units shall be a Building. References in this Declaration to Buildings shall not be intended to include Ancillary Structures. Dec of Cov

5 By way of further example, a building containing four (4) or more Living Units (example: an apartment building or a building which is subdivided into Units by a condominium declaration), will be a Building, meaning a single Building. Section 7. Bylaws. All references in this Declaration to Bylaws or the Bylaws shall mean and refer to the Bylaws of the Association, as such Bylaws exist from time to time and as such Bylaws are from time to time amended in accordance with the requirements of this Declaration, the Articles of Incorporation, and the Bylaws and in accordance with law. The current Bylaws of the Association titled Grasslands Neighborhood Association Bylaws, dated May 30, 2008, is attached to this Declaration as Exhibit 3. Section 8. City. All references herein to City or the City, shall mean and refer to the City of Columbia, Missouri, within the geographic boundaries of which the Tract is located, and shall also mean and refer to the municipal government of such City. Section 9. Declarants shall mean and refer to each of the undersigned Parcel Owners who have signed this Declaration on the date when this Declaration is recorded. Declarants shall, therefore, not include Parcel Owners of Parcels which hereafter are made subject to the provisions of this Declaration in the manner described in ARTICLE IV below, although Parcels which are not initially made subject to the provisions of this Declaration may hereafter be made subject to the provisions of this Declaration in the manner described in such ARTICLE IV. Section 10. Declaration means this instrument as amended from time to time. Section 11. The Development. All references in this Declaration to the Development, shall mean that large residential development, known as Grasslands or The Grasslands, or Grasslands Subdivision, which occupies the Tract. Section 12. Dwelling House or Single Family Dwelling or One Family Dwelling. All references in this Declaration to a Dwelling House, or Single Family Dwelling or One Family Dwelling, shall mean and refer to a single family, detached residential structure, intended for occupancy by a single Family, within a single Living Unit, such as is customarily found within R-1 zoned parcels of land within the City. A Dwelling House or Single Family Dwelling or One Family Dwelling, will, therefore, be a Building which contains one (1) Living Unit. Each Parcel in any part of the Tract which is now or hereafter located within Zoning District R-1 is intended to contain and shall contain only one Building, which constitutes a Dwelling House, meaning a Single Family Residence. Others of the Parcels located within the Tract, which are located within Zoning Districts other than Zoning District R-1 (Single Family Dwelling District), may contain Buildings which contain more than one (1) Living Unit. All references in this Declaration to Zoning District R-1, shall mean that Zoning District which is from time to time established by the Zoning Codes and Ordinances of the City of Columbia, Missouri ( the Zoning Code ) for the location therein as a Permitted Use of Single Family Residences (such Zoning District now being Zoning District R-1). Section 13. Family. All references in this Declaration to Family or a Family, shall be deemed to mean and to include the following: Dec of Cov

6 A. For Parcels/Living Units/Building Located Within Zoning Districts R-1 and PUD (When the PUD Development Density is 5 or Less Dwelling Units Per Acre). For any Living Unit located within a Building, which such Building is located within a Parcel that is on the last to occur of: i. That date when this Declaration (with signatures of the owners of at least 65% of the Parcels appended there) shall be recorded in the Real Estate Records of Boone County, Missouri; or ii. That date when the Parcel becomes subject to this Declaration as described in ARTICLE IV of this Declaration, then located in Zoning District R-1 or Zoning District PUD, Planned Unit Development (when the PUD Development is 5 or less Dwelling Units per acre), the term Family shall be deemed to mean and shall mean each of the following: a. An individual or married couple, and the children thereof (meaning the children of each member of a married couple), and no more than two additional persons (other than the individual or married couple and his, her or their children, natural or adopted) who is (are) related directly to the individual or to one member of the married couple, by blood, marriage or adoption, occupying a single Living Unit with a single kitchen facility; provided that such Family may also include not more than one additional person, not related to the Family by blood or marriage; provided, further, that such additional person may be provided with separate sleeping accommodations but shall not be provided with kitchen facilities in addition to the kitchen facility utilized by the Family; or b. No more than two unmarried adults, and their respective children; or c. A living arrangement wherein not more than three persons, not all of whom are related to each other by blood, marriage or adoption, are sharing a single Living Unit, on a non-profit, cost-sharing arrangement. [Each Living Unit within a Building which is located within each Building located within such Zoning Districts R-1 or PUD must be used as and only as a residence (for residential purposes) by a single Family as defined in this paragraph A of this Section 13, and may not be used for any other purposes.] B. For Living Units/Parcels/Buildings Located Within Other Zoning Districts. For each Living Unit within a Building which is located within a Parcel that is on the last to occur of: i. That date when this Declaration (with signatures of the owners of at least 65% of the Parcels appended there) shall be recorded in the Real Estate Records of Boone County, Missouri; or Dec of Cov

7 ii. That date when the Parcel becomes subject to this Declaration as described in ARTICLE IV of this Declaration, located within any other Zoning District as established by the Zoning Ordinances of the City, the term Family shall mean: a. An individual or married couple, and the children thereof (meaning the children of each member of a married couple), and no more than two additional persons (other than the individual or married couple and his, her or their children, natural or adopted) who is (are) related directly to the individual or to one member of the married couple, by blood, marriage or adoption, occupying a single Living Unit with a single kitchen facility; provided that such Family may also include not more than one additional person, not related to the Family by blood or marriage; provided, further, that such additional person may be provided with separate sleeping accommodations but shall not be provided with kitchen facilities in addition to the kitchen facility utilized by the Family; or b. No more than two unmarried adults, and their respective children; or c. A living arrangement wherein not more than four persons, not related by blood or marriage, live together by joint agreement and occupy a single Living Unit with a single kitchen facility, on a not-for-profit, cost-sharing arrangement. [Each Living Unit within each Building located within any Zoning District other than Zoning Districts R-1 and PUD (when the PUD development is 5 Dwelling Units or less per acre) must be used as, and only, as a residence by a single Family as defined in this paragraph B of this Section 13, and may not be used for other purposes.] More Restrictive Zoning Ordinances. If the Zoning Ordinances of the City are now or are in the future more restrictive in their definition of the term Family as hereinabove defined in this Section 13, then the more restrictive definition of the City s Zoning Ordinances shall apply. Each Living Unit within each Building must be used as, and only as a residence by a single Family as defined in this Section, and may not be used for other purposes. ANY PROVISIONS OF THIS DECLARATION NOTWITHSTANDING, INCLUDING THOSE PROVISIONS OF SECTION 4 OF ARTICLE VII OF THIS DECLARATION NOTWITHSTANDING, THE DEFINITION OF A FAMILY, AS SUCH DEFINITION AFFECTS ANY BUILDING OR PARCEL, SHALL NOT BE AMENDED WITHOUT THE WRITTEN CONSENT (RECORDED IN THE REAL ESTATE RECORDS OF BOONE COUNTY, MISSOURI) OF THE OWNER OF SUCH BUILDING OR PARCEL. THEREFORE, SUCH DEFINITION SHALL NOT BE AMENDED SO AS TO AFFECT, ADVERSELY, IN ANY WAY, ANY BUILDING OR PARCEL WITHOUT THE EXPRESS AND RECORDED WRITTEN CONSENT OF THE OWNER OF SUCH BUILDING OR PARCEL. Section 14. Grasslands or The Grasslands, shall mean the Development located within the Tract, and shall mean that Development made up of all of the Parcels described on Exhibit 1, and shall, therefore, mean all real estate contained within the Tract and all real estate of the Parcels, Dec of Cov

8 and all Buildings, Ancillary Structures, and improvements now or hereafter located thereon, all of which are now known as and shall hereafter be collectively known as Grasslands or Grasslands Subdivision. Section 15. Improvements. All references in this Declaration to Improvements shall mean and include fences, walls, paved parking areas or driveways, gravel parking areas or driveways, exterior parking areas which are paved in any fashion, porches, porticos, decks, antennas, aerials, trash receptacles, pools, ponds, impoundments, exterior hot tubs and other improvements of any kind (other than landscaping) placed on a Parcel, but not including Buildings or Ancillary Structures. Section 16. Living Unit shall mean that part of a Building designed and intended as residence for a single Family as defined in Section 13 of this Article. A Building may, therefore, contain one or more Living Units. However, each Building located within any part of the Tract which is currently located within District R-1, One Family Dwelling District, as defined by Section 29-6 of the City s current Zoning Ordinances (or as a One Family Dwelling District hereafter defined by any replacement section of such Zoning Ordinances or any amended versions of Zoning Ordinances) shall be restricted to the location thereon of one Building, which shall be a Dwelling House as defined in Section 12 of this ARTICLE, and which shall contain only one Living Unit. No Building now or hereafter located within such Zoning District shall contain more than one Living Unit. [Note: Certain Buildings within the Tract may be subdivided by condominium declaration into condominium units. For all purposes under this Declaration, each condominium unit shall be a Living Unit. However, even though a Parcel which contains a Building or more than one Building may be subdivided by condominium plat into condominium units, the Parcel which contains such Building or Buildings and such condominium units shall, for all purposes under this Declaration, be a single Parcel. A subdivision of a Parcel into Units by condominium declaration shall not, therefore, be deemed to create more than one Parcel. ] The above provisions of this Section 16 notwithstanding, if a Building located within a Parcel which is located within Zoning District R-1 physically contains, on the date this Declaration is recorded, or on the date when such Parcel becomes subject to this Declaration, whichever shall last occur, more than one Living Unit, each of which has separate full kitchen facilities (for example, a mother-in-law apartment), then such additional Living Unit shall be deemed to be acceptable and an acceptable use and a Permitted Use under this Declaration. Section 17. Lot. All references in this Declaration to Lot shall mean and refer to each of the Parcels as the Parcels from time to time exist. Section 18. Member. All references in this Declaration to a Member, shall mean and refer to a Parcel Owner, with one membership in the Association being appurtenant to and running with each Parcel. If a Parcel is owned by more than one Owner then those Owners shall, in the aggregate, hold one membership and one vote, and shall collectively be a Member. Each Parcel Owner of a Parcel which is made subject to this Declaration shall be a Parcel Owner, an Owner, and a Member. Section 19. Owner. All references in this Declaration to Owner, shall mean a person in whose name a Parcel is titled, as shown by the Real Estate Records of Boone County, Missouri, Dec of Cov

9 or if a Parcel is owned by more than one person, shall mean and refer to each of such persons, with all such persons, collectively, making up the Parcel Owner, and being an Owner. Section 20. Parcels. All references in this Declaration to Parcels shall be deemed to mean a separately legally described tract, lot or parcel of land located within the boundaries of the Tract, which such separately described tract, lot or parcel of land is so defined: a. As a Lot by a recorded subdivision plat; or b. As a lot, tract or parcel by survey description; or c. By a metes and bounds description set forth in any deed, and which such separately described tract, lot or parcel of land located within the Tract contains one or more Buildings, or which is, under the applicable Codes and Regulations of the City, currently defined as, or is hereafter defined as a Lot, as that term (i.e., the term Lot ) is currently defined in Section 25-3 (Definitions/Rules of Construction) of the Revised Ordinances of the City, or as the term Lot is hereafter defined in any amendment or replacement for the definition of Lot which currently appears in such Section 25-3 of the Revised Ordinances of the City (such Section 25-3 appearing in the Subdivision Regulations of the City). The intention is that any individual, separately defined lot, parcel or tract of land located within the Tract, which currently contains one or more Buildings, or which can be considered to be a Lot as defined in the City s Subdivision Regulations [as such Regulations are now in effect or as such Regulations are hereafter amended] shall be a Parcel for all purposes under this Declaration. [Note: Therefore, each Parcel which currently contains a Building, or which is defined by an existing recorded subdivision plat, and which would be considered to be a Lot under the City s Subdivision Regulations, shall be a Parcel, whether or not such Lot currently contains a Building. Each separately described lot, tract or parcel of land which would so constitute a Lot under the City s Subdivision Regulations, and which contains a Building or more than one Building, shall be a Parcel. Even though a Lot, as so defined in the City s Subdivision Regulations, contains or hereafter contains more than one Building, such Lot shall for all purposes under this Declaration be a single Parcel. Even though a Parcel (any parcel, lot or tract of land located within the Tract) may currently or hereafter be subdivided by a condominium declaration into two or more condominium units, such lot, tract or parcel shall, for all purposes under this Declaration, constitute a single Parcel. Condominium unit owners of condominium units located within a Parcel as defined in this Section shall, in combination, be deemed to be and shall be the Parcel Owner of such Parcel, and they shall have one (1) vote as a Member of the Association at all meetings of the Members of the Association, and such vote in the manner in which they unanimously agree upon, and if they cannot so agree, then such vote may not be cast.] [Further Note: If a Building is located on two Lots as defined in the City s Subdivision Regulations, but such Building is built across the lot line which separates such Lots, in order that another Building may not be placed on such Lots, then such Lots shall, notwithstanding any provisions to the contrary of this Section, be a single Parcel. For example, if a Parcel Owner owns two separate Lots, but builds a large house which is built across the lot lines of such Lots, such Lots shall, for all purposes under this Declaration be a single Parcel. However, if a Parcel Owner owns two separate Lots, Dec of Cov

10 one of which contains the Parcel Owner s Dwelling House, and the other of which contains no Dwelling House but is such as constitutes a Lot under the City s Subdivision Regulations upon which another Dwelling House could be placed, then such Parcel Owner shall be deemed to own two Parcels, and shall be a Parcel Owner of each such Parcel, and shall have one Membership interest in the Association for each such Parcel and shall be obligated to pay dues or assessments to the Association for each such Parcel. If a Lot is a vacant Lot, then the owner of such Parcel shall nevertheless be a Parcel Owner, and shall own one Membership interest in the Association for such vacant Lot, and such Lot and the Parcel Owner of such Lot shall be obligated to pay dues or assessments as a Parcel Owner/Member to the Association. If a Parcel, as defined in this Section 20 shall hereafter be subdivided by subdivision plat, which is approved in accordance with the City s Subdivision Regulations, and which is recorded in the Real Estate Records of Boone County, Missouri, so as to create two separate Lots, as defined in the City s Subdivision Regulations, each of which contains or each of which is eligible to contain a Building, then such subdivision shall create separate Parcels, in that same number of Lots as are created by such plat, and the Parcel Owner of such Lot shall be a Parcel Owner of that number of Parcels as are defined by such Plat.] Section 21. Parcel Owner. All references in this Declaration to a Parcel Owner, shall mean those persons who, in the aggregate, make up the Owners of a Parcel located within the Tract. The Parcel Owners (other than the Declarants) of each of the respective Parcels located within the Tract shall have the ability, at their voluntary election, to make their respective Parcels subject to the provisions of this Declaration as described in ARTICLE IV and if they do so they shall become Parcel Owners and Members of the Association. Once a Parcel Owner elects to have his, her, its or their Parcel be made subject to the Declaration, then, contingent and conditioned only upon this Declaration s being consented and agreed to (or having been previously consented and agreed to - and being then signed, or being previously signed by) the Parcel Owners of sixty-five percent (65%) of the 188 Parcels (such 65% of such 188 Parcels being 122 Parcels) which make up the Tract and the Development, this Declaration shall constitute covenants which are binding upon each of such consenting Parcel Owners (and all Parcel Owners who have previously and thereafter consented) and their respective Parcels, and such consenting Parcel Owners successors in ownership of such consenting Parcel Owners Parcels (and of any Parcels created by a subdivision of any such Parcel), and shall bind each of their Parcels and shall constitute covenants running with the land of such Parcels and each and every portion of such land. A Parcel Owner shall also be a Member. Any election of Parcel Owners of any Parcel to subject the Parcel of such Parcel Owner to the provisions of this Declaration must be signed by all persons or parties having a recorded ownership interest in the Parcel, and if a Parcel is owned by an entity (a corporation, partnership, limited partnership or limited liability company) or a trust, then the authority of the person or persons executing the election to commit the Parcel to the provisions of this Declaration in the name of or on behalf of the entity or trust must be established. Once this Declaration becomes effective (meaning that it is recorded with signatures of the Parcel Owners of 65% of the Parcels being appended thereto) then, thereafter, all references to Parcel Owner shall mean only those persons who are the owners of those Parcels which are from time to time subject to this Declaration and Parcel shall thereafter mean only the Parcels which are from time to time subject to this Declaration. Section 22. Person. All references herein to a person means a natural individual, a corporation, a partnership, a trustee or other legal entity capable of holding title to real property, who or Dec of Cov

11 which hold(s) title to a Parcel. Person shall, therefore, mean each such natural individual, corporation, partnership, trustee or other legal entity which is an Owner of an ownership interest in a Parcel. Section 23. Plat shall mean a subdivision plat or survey, which subdivides a portion of the Tract into one or more Parcels and/or streets and roads and which (whether or not been approved by the City under the City s Subdivision Regulations) is recorded in the Real Estate Records of Boone County, Missouri. Section 24. Property. All references in this Declaration to Property means all of the land, property and space comprising the Tract, including any public or private streets or roads within the Tract, and all improvements, Buildings and structures erected, constructed or contained therein or thereon, and all easements, rights and appurtenances belonging thereto. Section 25. Record. All references in this Declaration to record means to record in the office of the Recorder of Deeds of Boone County, Missouri wherein the Tract is located. Section 26. Singular, Plural or Gender. Wherever the context so requires the use of the plural shall include the singular and the singular the plural and the use of any gender shall be deemed to include all genders. Section 27. The Tract. All references herein to the Tract, shall mean the entirety of that large tract of land, located in Columbia, Boone County, Missouri, which is commonly known as Grasslands or The Grasslands or Grasslands Subdivision, and which is that Tract that is described in the Affidavit, and shall specifically mean that large Tract: Affidavit; and a. Which is generally bounded by the boundaries described in paragraph 4 of the b. Which is generally shown by the plat, map or drawing attached to the Affidavit and incorporated into the Affidavit as Exhibit B to the Affidavit; and c. Is that Tract which, in the aggregate, is made up of all of the Parcels. The Affidavit is, therefore, incorporated into this Declaration by reference, and it describes the Tract. The Tract shall, the above provisions of this Section 26 notwithstanding, also include any and all public and private streets, roads and drives located throughout the Tract. Section 28. Unit shall have the same meaning as Living Unit and shall, therefore, refer to a portion of a Building which is intended and designed for occupancy by one Family as a Dwelling. A condominium unit would, therefore, be a Living Unit. A Dwelling House/Single Family Dwelling/One Family Dwelling will be each of the following: a. A Building; b. A Living Unit; and Dec of Cov

12 c. A Unit. Section 29. Vote. All references in this Declaration to a vote or a Vote, shall mean a vote that is eligible to be cast at a meeting of Members of the Association. One (1) vote shall be attached to each Parcel which is subject to this Declaration, there being only one (1) vote appurtenant to each Parcel that is subject to this Declaration. Each Parcel shall, therefore, have appurtenant thereto, one vote, which shall be held by the Parcel Owner of such Parcel. If a Parcel is owned by more than one Owner (example, a husband and wife) then the vote appurtenant to such Parcel must be cast as such Owners agree, and if they do not agree as to the manner in which such vote shall be cast then the vote shall be lost as to the manner being considered. If a Parcel is subdivided into condominium units by a condominium declaration, only one vote shall attach to such Parcel. ARTICLE II PARCELS Each of the Parcels (as defined in Section 20 of ARTICLE I of this Declaration), the Parcel Owner of which elects to either: a. Be one of the undersigned Declarants (provided that this Declaration is signed by the Owners of at least sixty-five percent (65%) of the Parcels, meaning by the Owners of 122 Parcels, sign this Declaration and this Declaration is recorded); or b. Hereafter elects to commit his, her, its or their Parcel to this Declaration, as described in ARTICLE IV below, shall be subject to this Declaration and to all of the easements, restrictions, reservations and covenants provided for by this Declaration, which shall constitute covenants running with the land of each of such Parcels, and shall be binding upon all present and future Owners of each of such Parcels, and shall inure to the benefit of the Association and the Parcel Owners of each of such Parcels, as such Parcels from time to time exist. One Membership shall attach to each Parcel, meaning that the Parcel Owner of each Parcel shall be a Member of the Association. One vote at each meeting of the Members of the Association shall attach to each Parcel. All Owners of a Parcel, collectively if more than one, constitute a Parcel Owner. The vote appurtenant to each Parcel must be cast as the Owners of such Parcel among themselves agree and if they cannot agree as to the manner in which a vote appurtenant to a Parcel shall be cast then the vote shall, but only as to the matter then currently being considered, be canceled and terminated. ARTICLE III ASSOCIATION AND MEMBERSHIP IN THE ASSOCIATION Every Parcel Owner of each Parcel which is now, or which is in the future, made subject to the provisions of this Declaration, shall automatically be a Member of the Association, and shall be subject to the jurisdiction of the Association (as shall such Parcel Owner s Parcel), and shall be entitled to all rights and privileges of membership in the Association. The foregoing provisions of this ARTICLE are not intended to include persons who hold interests in Parcels merely as security for the performance of an obligation as Members of the Association. There shall be one Membership Dec of Cov

13 in the Association appurtenant to the ownership of each Parcel which is subject to this Declaration. Membership in the Association shall be appurtenant to and may not be separated from ownership of a Parcel which is subject to this Declaration. Ownership of a Parcel shall be the sole qualification for Membership in the Association, although the Parcel Owner of a Parcel which is subject to this Declaration shall be obligated to pay to the Association all dues and assessments which are from time to time due to the Association as determined by the Association s Board of Directors or Members, as the Association s Articles and Bylaws shall from time to time provide for the setting of dues and assessments. Payment of dues or assessments to the Association by a Parcel Owners shall be an absolute, binding, non-waivable obligation of the Parcel Owner. Membership in the Association cannot, under any circumstances, be partitioned or separated from ownership of a Parcel subject to this Declaration; and no Parcel Owner shall execute any deed, lease, mortgage, deed of trust or other instrument affecting the title to his, her, its or their Parcel, which such document or instrument in any manner purports to separate or sever the ownership of the Parcel from the corresponding Membership in the Association; meaning that Membership in the Association shall run with the land of and shall accompany the Parcel, and that ownership of the Parcel and Membership in the Association shall not be severed from each other, and no document or instrument which purports to sever ownership of the Parcel from the Membership in the Association shall be of any force or effect. The following provisions of this ARTICLE shall be applicable to the Association: Section 1. Association Already Exists. The Association is already in existence. Each of the undersigned Parcel Owners, who executes this Declaration, is already a dues paying/assessment paying Member of the Association. There are (or may be) Parcel Owners who now own or who in the future own Parcels which are not subject to the provisions of this Declaration, but who are also Members of the Association. The Articles and Bylaws of the Association do not, therefore, restrict Membership in the Association to Parcel Owners of Parcels subject to this Declaration, and such is not intended to be the case. However, Parcel Owners of Parcels which are subject to this Declaration (as such Parcels from time to time exist) shall be obligated to be Members of the Association and to pay to the Association dues and assessments from time to time required to be paid to the Association, as such dues and assessments are established in accordance with the Association s Articles and Bylaws (as those Bylaws from time to time exist). Section 2. Association Established as Association of Parcel Owners. The Association shall be an Association of the Parcel Owners, who shall be Members of the Association, as well as it being an Association of those Members of the Association who own Parcels which they have not elected to subject to the provisions of this Declaration. Section 3. Once Membership Attaches to Parcel. Once a Parcel is made subject to this Declaration it cannot thereafter be removed from the effects of this Declaration, and this Declaration and all of its easements and restrictions shall thereafter, in perpetuity, run with a Parcel once a Parcel is made subject to this Declaration. Each Parcel Owner shall automatically be a Parcel Owner, and Member of the Association, with one Vote at meetings of the Members of the Association attaching to each Parcel which is subject to this Declaration. The Association shall be and it is, therefore, hereby constituted as an Association of the Parcels and Parcel Owners. Dec of Cov

14 Section 4. Articles of Incorporation and Bylaws. The Association shall have as its Articles of Incorporation and Bylaws those Articles and Bylaws which are attached to this Declaration as Exhibits 2 and 3 respectively. Such Exhibits are incorporated herein by reference. Such Articles and Bylaws shall be subject to amendment in accordance with their provisions and in accordance with the provisions of the Missouri statutes applicable to the amendments of Articles of Incorporation and Bylaws of not-for-profit corporations. Section 5. Administration. The Association, and the Association of the Parcel Owners of Parcels subject to this Declaration, shall be managed by the Board of Directors of the Association who have been elected and constituted, and who are hereafter elected and constituted in accordance with the provisions of the Association s Bylaws. The Board of Directors shall have such responsibilities as are conferred upon them by the Association s Articles and Bylaws, and shall have such additional powers and authorities as are conferred upon the Board by this Declaration. Section 6. Additional Powers and Duties of the Association. In addition to the powers, authorities, duties and discretions conferred upon the Association, and its directors and officers, by its Bylaws and Articles, the Association, and its Board of Directors and its officers shall have the additional power and authority to enforce the provisions of this Declaration, including the Architectural Control Provision provided for by ARTICLE V of this Declaration and the Use Restrictions provided for by ARTICLE VI of this Declaration. Section 7. Voting, Nominating Procedures, Elections, Quorum Requirements and Other Formal Matters. All of the requirements for: a. Eligibility to vote as meetings of Members of the Association; b. Nominating procedures to nominate persons to be elected as Members of the Board of Directors; c. Voting procedures; d. Quorum requirements; e. Allowances for voting by proxy, limitations upon proxy and all matters relating to proxy; f. Removal of Members from the Board and filling memberships on the Board, and all other matters pertaining to the management of the Association, the election of its directors, and the powers and duties of the Association, and the rights, duties and discretions of Members of the Association, and the authorities of its Board of Directors and its officers shall be as provided for by the Association s Articles of Incorporation and Bylaws, all of which are hereby approved and are incorporated into this Declaration by reference, and all of which shall be subject to amendment in accordance with the Association s Articles, Bylaws and Missouri law. It is, therefore, not intended to create a separate Association of the Parcel Owners of Parcels which are subject to this Declaration, but rather to provide that such Parcel Owners shall automatically be Members of the Associa- Dec of Cov

15 tion, with their Parcels being subject to the governance by the Association s Board of Directors, including the provisions of this Declaration dealing with Architectural Control and Use Restrictions. Section 8. Any Contrary Definition of Parcels or Memberships in the Association Set Forth in the Association s Articles or Bylaws Shall be Subordinated to the Provisions of this Declaration. As to those Parcels which become subject to the provisions of this Declaration in the manner described in ARTICLE II or ARTICLE IV of this Declaration, and even though the Association s Articles or Bylaws may provide otherwise, the Parcel Owners of such Parcels shall be deemed to have agreed (and shall have agreed) that only one membership in the Association attaches to each of their respective Parcels, and that they shall have only one (1) vote at each meeting of the Members of the Association, even though their Parcel may be divided into condominium units by a condominium declaration or may contain multiple Living Units. ARTICLE IV PARCELS SUBJECT TO THIS DECLARATION The Parcels which shall be subject to this Declaration, and which shall be subject to all of the covenants, conditions, reservations, restrictions and requirements of this Declaration, and the Parcel Owners of which shall be Parcel Owners subject to this Declaration and shall be Parcel Owners and also Members of the Association (in addition to other Parcel Owners of Parcels which are not subject to this Declaration but who have elected to become Members of the Association) shall be the following Parcels: a. Each of the Parcels owned by each of the undersigned Declarants, and all parts and portions of such Parcels (including any additional Parcel created by a subdivision of any such Parcel into additional Lots or parcels each of which shall become a Parcel ); and b. Any Parcel owned by a Parcel Owner, which is not, at the outset, subject to this Declaration, and which such Parcel Owner hereafter consents and agrees to be made subject to this Declaration and to be subject to this Declaration by a document evidencing such consent which is in that form attached to this Declaration as Exhibit 4, and which is recorded in the Real Estate Records of Boone County, Missouri and which is accepted by the Majority Vote of the Board (as evidenced by a statement in the document evidencing such consent which is executed on behalf of the Board and the Association by the president or vice president and a secretary or assistant secretary of the Association). Parcels may, therefore, from time to time in the future, be made subject to the provisions of this Declaration by consent of the Parcel Owner of such Parcel by the recording of a written consent of such Parcel Owner to subject their respective Parcel to the provisions of this Declaration (in that form attached to this Declaration as Exhibit 4) which such consent must also be accepted by the Majority Vote of the Board. Each document evidencing the consent of a Parcel Owner to subject such Parcel Owner s Parcel to the provisions of this Declaration must be executed by all Owners of such Parcel and must be recorded in the Real Estate Records of Boone County, Missouri and must specifically refer to the provisions of this Declaration. Once this Declaration becomes applicable to a Parcel, it shall be permanently applicable to such Parcel and the Parcel Owner of such Parcel may not cause such Parcel to thereafter no longer be made subject to the provisions of this Dec of Cov

16 Declaration. The provisions of this Declaration shall, therefore, with respect to each such Parcel, be irrevocable and shall be perpetually in effect as to such Parcel. No Parcel, other than the Parcels of the undersigned Declarants, may hereafter be subjected to this Declaration, in the absence of: i. The written consent and agreement of the Parcel Owner to subject such Parcel to this Declaration; and ii. The acceptance of the Parcel as being subject to this Declaration by the Board of the Association as hereinabove described in this ARTICLE. Parcels, other than the Parcels of the Undersigned Declarants, shall be made subject to the provisions of this Declaration by the execution and recording of a Supplemental Declaration in that form which is attached to this Declaration as Exhibit 4 and is incorporated into this Declaration by reference. ARTICLE V ARCHITECTURAL CONTROL No Building, and no Ancillary Structure, and no Improvement shall hereafter be installed, started or completed on any Parcel, and no exterior alteration of, addition to, increase in size of, modification of, or expansion or substantial change of any Building, Ancillary Building or Improvement which now exists or hereafter exists within any Parcel shall be made, until the Plans and Specifications ( Plans and Specifications ) for any such Building, Ancillary Structure or Improvement, or such alteration, increase in size of, addition to or modification of or substantial change to the exterior of any currently or hereafter Existing Building, Ancillary Structure or Improvement shall have been approved, in advance of the start of construction or work therefor, by the Board, or its Architectural Control Committee (hereinafter described) or the Board s Designee (hereinafter described), which such Plans and Specifications shall be submitted by the Parcel Owner to the Board or such Committee or such Designee and shall provide for at least the following information in such reasonable detail as the Board or Committee or such Designee shall require: 1. All dimensions; of exterior; 2. Exterior finish materials and finishes and general description of appearance 3. The location of same on the Parcel and with respect to the front lines, side lines, and rear lines of the Parcel; 4. Such other adequate information as will allow the Board or its committee or designee to determine the exterior appearance of, exterior finishes and materials of, size of, footprint (i.e., area under roof of) and location of same; Dec of Cov