The Prairie Oaks Homeowners’ Association covenants are intended to maintain property values in the neighborhood by creating standards of construction, maintenance, and appearance for homes in the neighborhood, with the intended result being higher property values for all.
The following Restrictive Covenants apply to each and every lot in the Prairie Oaks Development-formerly Dub’s Dread Development, and the additions therein, to include any properties within the aforementioned boundaries converted to residential lot development.
1. LAND USE
All lots in these developments shall be used as single-family residences only. No improvements whatsoever, other than one private single-family residence, shall be erected on any lot. All dwellings shall include a two-car garage. No more than one room in a residence may contain a kitchen.
2. RENTING OR LEASING
The renting or leasing of an entire lot with it’s improvements shall be permitted, but renting or leasing of any division of a lot or it’s improvements shall not be permitted.
3. DWELLING SIZE
Each single family residence constructed shall have not less than 1,600 (sixteen hundred) square feet of enclosed floor area devoted to living area and any residence one and one half (1 ½) stories or two (2) stories in height erected on any lot shall contain a minimum of 1,200 (one thousand two hundred) square feet of such enclosed floor area on the first floor thereof.
The words “enclosed floor area” as used herein shall mean and include, in all cases, areas on the first and second floor of the residence enclosed and finished for all year occupancy, computed on outside measurements of the residence and shall not mean or include any areas in basements, garages, porches or attics.
The Prairie Oaks Homeowners Association reserves the absolute and incontestable right to determine whether the enclosed floor are oaf any split-level or bi-level residence (as determined from traditional one and one half (1 ½) or two (2) story residences), and/or the enclosed floor area on the first floor thereof, meets the minimum requirements provided for hereunder, and such determination shall be final.
4. ARCHITECTURAL CONTROL
All building plans for original construction or any additions including swimming pools or alterations to existing homes must first be approved by the Prairie Oaks Homeowners Association before the residence construction can be started or alteration, addition, etc. can be started. This is to include, but not limited to construction plans, plot plan showing building location on lot and elevation in relation to the street line, specifications, materials and colors, harmony of external design and landscaping with existing structures and as to location with residence must face a street in Prairie Oaks and only be accessible by vehicle from a street within the Prairie Oaks complex.
5.CONSTRUCTION REQUIREMENTS
Exterior walls of all buildings, structures, additions and all appurtenances thereto shall only be of brick, stone, stucco, wood, wood shingles, wood siding, wood paneling, glass blocks, vinyl siding, steel siding, or any combination thereof, windows, doors, and louvers shall be of metal or wood and glass.
Vinyl siding shall meet the following specifications:
Minimum thickness shall be forty four thousandths (.044) inch.
Shall be solid vinyl.
Shall be rigid polyvinyl chloride plastic.
Color shall be completely and thoroughly impregnated throughout the thickness of the siding.
Shall have a minimum manufacturers warranty of fifty (50) years.
Shall be in compliance with ASTM D3679 standard for rigid polyvinyl chloride and the ASTM D1435 standard for weathering.
If a siding panel width is six (6) inches or greater it shall be backed to assure that it remains rigid after installation.
Siding shall be installed in strict accordance with manufacturers recommendations.
Steel siding shall meet the following specifications:
Minimum thickness shall be twenty nine (29) gauge.
Exposed surface shall be polyvinyl chloride coated to three and one half (3 ½) mils dry film thickness.
Back of the panel shall be coated with a corrosion chromate pre-treatment.
All material shall conform to ASTM 527, and ASTM 525.
siding shall have an average tensile strength of fifty thousand (50,000) PSI and yield strength of thirty five thousand (35,000) PSI.
Siding shall have a minimum manufacturer’s warranty of fifty (50) years.
Siding shall be installed in strict accordance with the manufacturers recommendations.
Roofs shall be covered with wood shingles, wood shakes, slate, or tiles. Flat roofs or roofs with a pitch of-less than three (3) inches per foot shall be covered with built up asphalt, wood shingles, wood shakes, slate, or tile.
Allowable roofing materials will be limited to the following:
Number 1 or 2 grade wood shingles
Number 1 or 2 grade wood shakes with a minimum ½ -inch thickness measured at butt.
Tile; concrete or clay
Slate or synthetic slate within similar color range of slate, clay or concrete tile.
Stone-coated steel roofing tiles or shakes meeting the same characteristics as Gerard Tile and shakes. This material must simulate the appearance of tile or shakes and have a minimum manufacturer’s warrantee of 40 years. Colors are limited to those of weathered wood shakes or clay tile.
Laminated composition shingles; written authorization for the use of laminated composition shingles must be obtained from the Prairie Oaks Building Committee or Board of Directors BEFORE installation can begin. Composition shingles must meet ALL of the following requirements:
a) A minimum of two laminated layers
b) Architectural shingles with shadow lines and/or relief imitating a wood shingle or wood shake
c) Required to be installed with copper or brown or gray sheet metal valleys and flashing with a minimum gauge of 28.
d) Required to be installed with preformed ridge shingles
e) Must use a minimum of five (5) color blend granules
f) Have the appearance and color range of natural weathered cedar shingles or weathered cedar shakes
g) Required to be placed on solid decking. All existing roofing materials shall be removed down to the stringers and/or 1”x4” wood members
h) Have a minimum thickness of 3/16 inch measured at exposed butt end of overlay creating the shadow line or individual thickness of the ply of roof material
i) Shall be U.L. Class A fire rated
j) Have a minimum of a 40-year manufacturer’s warrantee
k) Meet the following ASTM Standards: D3018, D3161 and D3462
Flat roofs or roofs with a pitch of less than 3 inches per foot, in addition to the materials permitted herein, for other roofs, may also be covered with metal, built-up asphalt, or single ply elastomeric membrane.
Other tile, simulated slate or shakes as specifically authorized by the Prairie Oaks Homeowners Association Board of Directors
Written authorization for the use of simulated, synthetic or composition materials must be obtained from the Prairie Oaks Building Committee or Board of Directors BEFORE installation can begin. The Board of Directors will assess a fifty-dollar ($50.00) per day assessment against the title holder of any household on which installation of roofing materials commences prior to approval of the material by the Building Committee or the Board of Directors. This assessment will continue to be in effect until construction is stopped and a set of specifications is submitted for review or until the violation ceases. Construction cannot commence again until the proposed material is found to be in compliance or specifically approved by the Boar
All driveways shall be finished in concrete, asphalt, or approved material. No building shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction and no building shall be permitted to stand in any unfinished condition for more than nine (9) months unless approved in writing by the Board of Directors of the Homeowners Association. In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than three (3) months without approval of the Board of Directors or committee delegated for such purpose.
6.BUILDING LOCATION
No structure shall be erected on any lot nearer than thirty (30) feet to the front line, nor nearer than fifteen (15) feet to any side lot line, nor nearer than thirty (30) feet to the rear lot line. On lots 80-90 no structure shall be erected closer than 30 (30) feet to the west line of 123rd Street.
7.PROCEDURE FOR NEW CONSTRUCTION APPROVAL
The Prairie Oaks Homeowners’ Association approval or disapproval as required in these covenants shall be in writing. In the event that the Prairie Oaks Homeowners’ Association, or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully compiled with.
8.LOT SUBDIVISION
No lots shall be subdivided, except for the purpose of combining portions with an adjoining lot, provided that no additional lot or building site is erected thereby, and then only with the written permission of the Prairie Oaks Homeowners Association.
9. UTILITY LINES – PIPE – CABLE
Telephone, water, sewer, cable, and gas lines shall be underground.
10.TEMPORARY STRUCTURES AND OUTBUILDINGS
No outbuildings, stable, barn, outside privy, open cesspool, or septic tank system shall be constructed or maintained on the property. No detached structure appurtenant to the residence may be erected on any lot.
11.BUSINESS, LIVESTOCK AND POULTRY
No business or profession of any nature shall be conducted on any lot or in any residence No horses, cattle, sheep, goats, pigs, rabbits, poultry, or any other livestock shall be kept or maintained on any lot, except that not more than 2 (two) dogs or cats or other household pets may be kept provided they are not used for commercial purposes.
12.EASEMENTS
Easements and right-of-way in perpetuity are hereby reserved for the erection, construction, maintenance, and operation of wires, cable, pipe, conduits, and apparatus for the transmission of electrical current, telephone, television, and radio lines and for the furnishing of water, gas, sewer service, or for the furnishing of other utilities together with the right of entry for the purpose of installing, maintaining and reading gas, electric, and water meters.
13.RESTRICTIONS ON RECREATIONAL VEHICLES, BOATS, MOBILE HOMES, MOTOR HOMES, MOTOR HOMES AND OTHER MOTORIZED VEHICLES
Restrictions on recreational vehicles, boats, mobile homes, other non-operational vehicles, but not limited to the aforementioned shall not be parked for a period of more than 48 hours on the drive or yard area of any lots or in any way permitted to create a neighborhood nuisance. No overnight vehicle street parking is permitted. Intersections shall be not obstructed allowing drivers to see traffic in all directions.
14. AIR CONDITIONING AND TANKS
No elevated tanks of any kind shall be permitted upon any lot. Any tank to be installed shall be installed below ground. All types of refrigeration, cooling, or heating apparatus must be concealed.
15. ANTENNAS AND SATELLITES
All exterior radio, television antennas including satellite receiver systems are prohibited except with the prior written consent of the Prairie Oaks Homeowners’ Association. Residential satellite systems, with a satellite dish up to eighteen (18) inches in diameter, are allowed with no prior approval.
16. WALLS, FENCES AND LOT LINE PLANTINGS
No wall, coping, wood fence, or iron fence shall exceed six (6) feet in height. No chain link fence shall be permitted. Boundary plantings along lot lines shall not be permitted to exceed eight (8) feet in height except for trees with single trunks. All pools must be fenced. The Prairie Oaks Homeowners’ Association shall approve all walls and fencing.
17.SIGNS
No advertising or signs of any character shall be erected, placed, permitted, or maintained on any lot except for a nameplate of the occupant and a street number. For sale signs may be used when approved by the Prairie Oaks Homeowners’ Association.
18.NUISANCES
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot at all times, shall be kept in a clean, slightly, and wholesome condition. No trash, litter, junk, boxes, containers, bottles cans, implements, machinery, lumber, or other building materials shall be permitted to remain exposed on any lot except during construction. All grass and weeds on the aforementioned lots must be kept mowed to a height of no higher than six (6) inches.
19.OUTSIDE STORAGE, CLOTHES LINES
Any residence having an outside clothes line or outside storage of garbage or trash cans shall have this area fully enclosed in a yard area of at least one hundred (100) square feet with an acceptable solid type wall or wood fence. Fireplace wood storage is permitted without an enclosure. All the aforementioned storage must be done in an acceptable inoffensive manner and approved by the Prairie Oaks Homeowners’ Association.
20.TRASH BURNING AND FUEL USE
No coal or other types of fuel, which gives off smoke, except wood, shall be used for any purpose. No trash or garbage shall be burned on the premises except in approved incinerators located indoors.
Burning shall be permitted pursuant to the regulations set forth by the Unified Government of Wyandotte County/ Kansas City, Kansas. Current burning regulations state that residential burning of natural organic waste shall be allowed during the month of April and from October 16 through November 15 provided that a burn permit is obtained from a local Kansas City Kansas Fire Station. No burning of construction or demolition materials shall be permitted.
21. DRILLING, MINING OR QUARRY
No drilling for oil, water, natural gas oil refining, quarry, or mining operations of any kind shall be permitted upon any lot, nor shall tanks, tunnels, mineral excavation shafts, be permitted. No derrick or other structure designed for use in boring for oil or natural gas be erected, maintained or permitted on any lot.
22. MANDATORY MEMBERSHIP FOR ALL IMPROVED LOT OWNERS
All owners of improved lots shall be required to join the Prairie Oaks Homeowners’ Association and be subject to the Homeowners’ Association Agreement.
23. ENFORCEMENT
If the parties herein or their heirs or assigns shall, violate or attempt to violate any of the restrictions herein it shall be lawful for a person or persons claiming property in said development or the Homeowners’ Association, to prosecute by proceedings of law, or in equity against the person or persons violating or attempt ion to violate such restrictions and either prevent him or them from doing so or to recover damages for such violations. Invalidation of any one of the restrictions shall in no way invalidate any of the remaining restrictions. These covenants and restrictions are to run with the land and be binding on all parties and persons claiming under them until January 1, 2004, at which time said covenants and restrictions shall be extended for successive periods of 20 years unless by a majority of the then owners it is agreed to change them in whole or in part.