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6
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2
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3
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2

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Property Owners Association
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2
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7
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4
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8
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2
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5
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2
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2
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2
Validity of Restrictions
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Yard Lights
9

CLARION WOODS PROPERTY OWNERS ASSOCIATION
DECLARATION OF RESTRICTIONS
As Amended through November 12, 2008

The undersigned, Westland, Ltd., a Kansas corporation, being the owner of the real estate hereinafter described, and in anticipation of improving said property herein as residential sites and selling the same, hereby grants and declares the following restrictions and conditions relative to the use, occupancy and ownership of said property for the purpose of protecting the value and desirability of said real property, to-wit:

    The real estate to which these restrictions and covenants shall apply is as follows:

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13, Block A, and
   
    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 and 17, Block B, and

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19 and 20, Block C, and

    Lots 1,2,3,4,5,6,7,8 and 9, Block D, and

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15, and 16, Block E,

    Clarion Woods Subdivision, in the City of Topeka, Shawnee County, Kansas.

    Lots 1,2,3,4,5,6 and 7, Block A, and

    Lots 1,2,3,4,5,6,7,8,9,10,11 and 12, Block B, and

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19 and 20, Block C, and

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20 and 21, Block D, and

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35 and 36, Block E, and
 
    Lots 1,2,3,4,5,6,7,8,9,10 and 11, Block F,

    Clarion Woods Subdivision, No. 2, in the City of Topeka, Shawnee County, Kansas.

    Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24 and 25,Block A, and

    Lots 1,2,3,4,5 and 6, Block B, and

    Lots 1,2,3,4,5,6,7 and 8, Block C, and

    Lots 1,2,3 and 4, Block D,

    Clarion Woods Subdivision No. 3, in the City of Topeka, Shawnee County, Kansas.

1. Zoning and Use Restrictions – The development and use of the subject property shall always be in compliance with the zoning and use restrictions applicable from time to time to the property as zoned and platted by governmental authorities.

2. Dwelling Only – Nothing but a single, private dwelling, or residence,
together with garage for the use of the owner or occupant of the single-family dwelling and boundary line and patio fences and retaining walls and other walls shall be erected on any lot in said premises.  Nor may any previously constructed dwelling be moved onto one of the sites in the subdivision.  But nothing shall preclude the construction of gazebos, small utility buildings, , provided that the same are constructed in architectural conformity with the roofing material and external material of the principal residence structure and that prior to construction, plans for such gazebos, small utility buildings, swimming pool bathhouses, are approved.  Gazebos, pool buildings, or small utility buildings shall not exceed one (1) story in height.  Sunrooms may be added to the principal residence structure provided prior approval is granted by the Board of Directors of the Association and it is designed per the guidelines enumerated as follows:

•    Definition:  A sunroom is any room with glass-enclosed walls or a glass ceiling/ roof that is attached to the existing structure.
•    The Board of Directors may reject any application to construct a sunroom on a lot on the basis of its overall design and conformity with the existing structure regardless of whether or not the proposed sunroom complies with the technical specifications set forth below.
•    Applications must be accompanied by a detailed scale drawing or blueprint showing the three dimensional relationship of the sunroom to the existing structure.  Applications must also include the survey and a plot plan with exact footage and measurements, showing the location of the sunroom in relation to all lot boundary lines, the residence, the easements, and the building setback lines.  Applications must also include a detailed material list and include the name, address, and business phone number of the contractor or installer.  Applications may be rejected for failure to provide any of these required items.
•    Supporting structural members must be of a color and shade similar to and harmonious with the exterior color of the residence. Glass with performance and warranty characteristics equal to or better than Four Seasons Sunrooms’ ConservaGlass Plus must be installed and tinted in a shade compatible with the exterior of the residence. No metallic or direct reflecting style shading/tinting of the glass will be permitted. Applicants may be required to submit actual samples of the glass with the proposed shading/tinting material applied for approval.
•    Only safety glass will be permitted for the panes. No fiberglass, plexiglass, plastic, acrylic, mesh, or other materials will be allowed.
•    Sunrooms are permitted as ground structures or deck enclosures. A sunroom with a sloped glass roof must have a minimum pitch of 1” per 12” of projection and the maximum height may not exceed the height of the eaves of the wall that the sunroom projects from.  On all other roof styles, the maximum height of the roof may not exceed the height of the existing residence roof and must conform to the overall architectural style of the residence. If the roof is to be shingled, the shingles must match the color and quality of those used on the residence. The sunroom may not project more than 20’ measured from the rear-facing plane of the residence or may not project beyond either side-facing plane of the residence.  A sunroom may not encroach on any existing set backs or easements.
•    If ceiling lighting is installed, it must be focused downward.  Any electrical plug outlet installed within the trusses/glazing supports must be of the UL approved Ground Fault Interrupt (GFI) type.
•    Sunrooms may not have turbine-type or forced fan roof ventilators installed.
•    Sunrooms may not have exposed air conditioning or heating ductwork installed on the exterior thereof. Vents must be attached to the main residence. No ductwork shall be visible.
•    Window coverings are not required. However, only interior coverings will be permitted; there shall be no exterior covering of the sunroom glass allowed.
•    The owner must be committed to continual cleaning and upkeep of the exterior of the sunroom.
(Amended 11/12/2008)

3. Guest Houses – No guest house, garage, shed, tent, trailer, or temporary structure of any kind shall be erected, constructed, permitted, or maintained on any portion of said property prior to the commencement of the erection of a principal dwelling house thereon, and no guest house, garage, tent, trailer, basement, or temporary building shall be used for permanent or temporary residence purposes.

4. Location of Dwelling – Front yard setback shall be thirty-five (35) feet, unless approved otherwise by Westland, Ltd., or its assigns.  No residence, together with garage, shall be located nearer than thirty-five (35) feet to the rear property line.  No building shall be located nearer to an interior lot line than eight (8) feet.  For the purpose of this covenant, eaves, steps, and patios shall not be considered as a part of the building.

5. Size of Principal Dwelling – The floor area of the main structure of any residence, exclusive of porches, garages, and basement areas, finished or unfinished, shall not be less than 1,800 square feet for a one-story residence; 2,250 square feet for a two-story, split level or one and one-half story residence; 1,800 square feet on the main floor for a raised ranch.

6. Garages – All residential dwellings or residences shall be constructed with garages that accommodate two or more automobiles.  Free standing garages are permissible provided they are approved by Westland, Ltd., or its assigns.

7. Roofs – All residential dwellings or residences, garages, or attachments thereto, shall be constructed with a wood shake, slate, clay tile, or concrete tile roofs.  No asphalt shingle roofs will be allowed.  Built up roofs will be allowed on flat roofed buildings only.    The Board of Directors of the Clarion Woods , or its assigns, may approve certain high quality composition shingles of approved color with a life expectancy of at least 40 years with a minimum rating of 425 lbs./ square (a square being 100 square feet as installed) which is similar to and no less than the quality and standard of the Grand Manor made by CertainTeed. In determining the acceptability of composition shingles, the Board or its assigns shall consider uniformity of quality, color, and design.
(Amended 12/19/02)


8. Signs – No signs, billboards, or advertising structures of any kind may be placed or stored upon any lot, except those signs advertising the sale of the property, shown on the recorded plat are permitted, not to exceed five (5) square feet.  Westland, Ltd., or its assigns may remove non-conforming signs upon three (3) days notice to the owner, such a removal to be at the cost of said owner.

9. Yard Lights – All houses must have a yard light in the front yard. Such light must be installed in operable condition on or before the construction is completed on the lot and, if electric, such light shall be controlled by a photoelectric cell.

10. Driveways – All driveways shall be constructed of concrete, brick, asphalt, or cobblestone

11. Construction – When construction of a building, dwelling, or other structure is commenced upon any of said lots, the owner thereof shall prosecute with all reasonable diligence the completion thereof within twelve (12) months from the date of commencement.  During construction, each owner shall keep the street and construction site clear and free of debris.  It shall be the obligation of each lot owner to keep the street clear of mud and dirt caused by erosion and ingress and egress of trucks and construction equipment.  All Clarion Woods lot owners will be obligated, even before construction improvements on the lot, to construct and maintain a sidewalk within ninety (90) days of a request from the Board of Directors of the Clarion Woods Property Owners' Association, or its assigns.
(Amended 12/19/02)


12. Care of Property – All owners of lots, whether improved or unimproved, shall keep the grass on such lots neatly mowed, and no weeds,underbrush, or other unsightly growth shall be permitted to grow or remain upon any part of the property.  No refuse pile, debris, or unsightly objects shall be allowed to be placed, accumulate, or allowed to remain on any lot or property herein.  The premises shall be kept clean, neat in appearance, and tidy at all times, and in the event said owner fails to do so, Westland, Ltd., or its assigns, shall have the right to enter on the premises and remove such unsightly growths or objects and to clean up said premises at the expense of the owner.

13. Approval of Plans All building plans and specifications for the building, fence, wall coping, or other structure as is applicable so desired to be erected, constructed, or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of Westland, Ltd., or its assigns, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed or maintained upon any lot.  Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications.  No amendments, modifications, or changes of such plans and specifications as approved shall be made without prior written consent of Westland, Ltd., or its assigns.  Westland, Ltd., and its assigns shall not be responsible for any structural defect(s) in such plans or specifications or in any building or structure erected according to such plans and specification. plans for any building, fence, or structure to be erected upon any lot, and the proposed location thereof upon any lot, and any changes after approval thereof, any remodeling, reconstruction, alteration, that results in exterior changes only, or addition to any building or other structure upon any lot in such premises, shall require the approval in writing of Westland, Ltd., or its assigns.  Before beginning the construction of any building, fence, wall coping, or other structure whatsoever, or remodeling, reconstruction, or altering such building, fence, wall coping, or structure upon any lot, the person or persons desiring to erect, construct, or modify the same shall submit to Westland, Ltd., or its assigns, two (2) complete sets of building plans and specifications for the building, fence, wall coping, or other structure as is applicable so desired to be erected, constructed, or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of Westland, Ltd., or its assigns, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed or maintained upon any lot.  Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications.  No amendments, modifications, or changes of such plans and specifications as approved shall be made without prior written consent of Westland, Ltd., or its assigns.  Westland, Ltd., and its assigns shall not be responsible for any structural defect(s) in such plans or specifications or in any building or structure erected according to such plans and specifications.

14. Inspection – Approval of all building plans, specifications, and locations of buildings by Westland, Ltd., or its assigns, shall be endorsed on both sets of building plans and specifications, and one set returned to the person submitting the same and the other retained by Westland Ltd., or its assigns.  An inspection fee of One Hundred Dollars ($100.00) shall be paid to Westland, Ltd., or its assigns, at the time such plans are submitted.

15. Conformity – After such plans, specifications, and other data submitted have been approved by Westland, Ltd., or its assigns, no building, garage, fence, wall, retaining wall, or other structure of any kind shall be erected, constructed, placed, altered, or maintained upon said property unless the same shall be erected, constructed, or altered in conformity with the plans, specifications, and plot plan theretofore approved by Westland Ltd., or its assigns.  If any building, garage, fence, wall, retaining wall, or other structure of any kind shall be erected, constructed, placed, altered, or maintained on said property other than in accordance with the plans, specifications, and plot plan theretofore approved by Westland Ltd., or its assigns, such erection, construction, placing, alteration, and maintenance shall be deemed to have been undertaken without the approval of Westland, Ltd., or its assigns, ever having been obtained.

16. Prompt Action – Approval by the Developer, or its assigns, may be withheld:  (1) because of the non-compliance with any specific conditions and restrictions contained herein; or (2) because of the reasonable dissatisfaction of Westland, Ltd., or its assigns, with the location of the structure on the building site, the appearance of the proposed structure, or with the lot grading plan, having in mind the character of the neighborhood in which it is proposed to be erected, the materials of what it is to be constructed, and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property or properties.  However, Westland, Ltd., or its assigns, shall act with all due promptness and in the event Westland, Ltd., or its assigns, shall fail to approve or disapprove any matter submitted hereunder within thirty (30) days from submission, then the submission shall be deemed to be approved and this section of the protective covenants will have been fully complied with.

17. Reflection – No improvements on the property will be constructed or maintained in such a way as to cause reflected sunlight to be a nuisance or annoyance to other landowners in the subdivision.   No window shall contain any reflective material such as aluminum foil.

18. Fuel Tanks – Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuel, must be buried or walled sufficiently to conceal them from view from neighboring lots, road, or streets.   Plans for all enclosures of this nature shall be submitted to Westland, Ltd., or its assigns, for approval.

19. Nuisances – No obnoxious or offensive activity shall be carried on said property, or any portion thereof, nor shall anything be done which shall be or become an annoyance or nuisance to the neighborhood.

20. Garbage – No garbage, refuse, obnoxious, or offensive material shall be permitted to accumulate on any of said lots, and the owner thereof shall cause all garbage and other like material to be disposed of by and in accordance with accepted sanitary practice.  All garbage and trash containers, and other such facilities, must be placed in walled-in areas.  No trash, ashes, or refuse may be thrown, dumped, or stored on any lot.  No trash or garbage shall be burned on any lot outside of the residence.  All residences shall have installed and maintained a garbage disposal unit connected to the sanitary sewer.

21. Animals – No animals or fowl of any description shall be raised, housed, or kept on the premises except that dogs, cats, or other household pets that are of such nature as not to interfere with the safety and comfort of adjoining owners may be kept on said property, provided that they are not bred or maintained thereon for any commercial purpose.

22. Underground Homes – There shall be no underground homes.

23. Excavations – No work, exploration, drilling, or mining of any minerals or quarrying, drilling, or mining of any minerals, rock, soil, or material of any nature shall be conducted on any lots, nor shall any excavation of any nature be made upon said property or any portion thereof, except as may be incident to the installation of utility services, drainage lines, the preparation of building sites, the construction of dwellings, swimming pools or tennis courts, and the grading of roads and streets.

24. Fences – No chain link or similar type fencing shall be permitted, except for small pet enclosures or tennis court fencing.  Construction of such structure(s) shall be subject to written approval by Westland, Ltd., or its assigns.  All fences will be constructed with the finish side out.

25. Satellite Dish Radio and Television Equipment – No radio station or short-wave operators of any type may operate from any lot or residence.  No exterior television or radio antenna of any kind may be constructed on any lot or residence without written approval of Westland, Ltd., or its assigns.  No satellite dish, disk, or related type radio wave receiver shall be housed, installed, or maintained on any lot or structure located on such lot within this residential subdivision without the written approval of Westland, Ltd., or its assigns.

26. Fireplace Chimneys – All exterior fireplace chimneys shall be constructed of brick or stone. , natural or simulated stone, EIFS, or stucco.
(Amended 12/19/02)


27. Exposed Concrete Foundation Walls – Any exposed concrete foundation wall shall be painted or covered with compatible siding to within twelve (12) inches of the ground.

28. Drainage – Westland, Ltd., or its assigns, reserves the right to use all natural drainage courses located in the area between one or more of the property lines and not more than ten (10) feet therefrom for the purpose of conducting surface waters that may drain from other properties owned by the Developer, and in this connection Westland, Ltd., reserves the right to enlarge any or all of the said drainage courses and to install pipes therein with the right to reasonable ingress to and egress from said property that may be necessary for the maintenance, enlargement, or other improvement of said drainage course; provided, however, the exercise thereunder does not interfere with any of the buildings or improvements located on the property.

29. Screens – All clotheslines, garbage cans, or containers and equipment shall be walled in to conceal them from view of neighboring lots, roads, or streets.  No wood splitter, hauling trailer, recreational vehicle, antique automobile, aircraft, boat or other water-borne craft, may be permanently housed, stored or maintained on such property, or on the street or road adjoining such property, provided that nothing herein shall prevent an owner of property from housing, storing, or maintaining one or more of the above-described items at his or her property for a period not to exceed three (3) days per month, such time period being for routine maintenance or preparation for taking said item on a trip or vacation.  Nothing herein shall prevent a landowner from permanently housing, storing, or maintaining one or more of the above items, provided that such item is completely enclosed from view in a garage. Construction of such garage shall be subject to written approval be Westland, Ltd., or its assigns.

30. Recreation and Play Equipment – All recreation and play equipment shall be located in the rear of any lot except for basketball goals.  All basketball goals shall be either white or glass.  No “home-made” basketball backboards or supports shall be permitted.

31. Swimming Pools – There shall be no above-ground swimming pools.

32. Grass – No zoysia or bermuda grass lawn shall be permitted.

33. Christmas Lights – No Christmas lights shall be lighted before Thanksgiving and shall be taken down no later than March 15 of the following year.

34. Tennis Courts – All tennis courts must have a green or black vinyl fence (unless black wrought iron is utilized) and any windscreen shall be black or green.  No fence may exceed ten (10) feet in height.  The light source used for tennis shall be natural in color.  Incandescent or metal halide lights are recommended.  Lighting poles shall not exceed sixteen (16) feet in height without specific written approval of Westland, Ltd., or its assigns.  Tennis courts may be built to the property line.

35. Landscaping – All property owners shall plant or cause to be planted on each lot the following trees within one year of the completion of construction of any residence
     a. A minimum of three (3) of any of the following hardwood trees:
          (1) Red Oak
          (2) White or Burr Oak
          (3) Green or White Ash
          (4) Thornless Honey Locust
          (5) Red Maple
          (6) Little Leaf Linden
     (The above trees shall be a minimum of 1 ½ to 2” caliper.)

     b. A minimum of two (2) of any of the following ornamental trees:
          (1) Redbud or Whitebud
          (2) Amur Maple
          (3) Sargent Crabapple
          (4) Star Magnolia
          (5) Serviceberry
          (6) Japanese Tree Lilac
     (The above ornamental trees shall be a minimum of six (6) feet in height.)

     c. The following trees shall not be planted:
          (1) Pin Oak
          (2) Hawthorne
          (3) Purple Leaf Plum
          (4) Russian Olive
          (5) Flowering Crabs that are not resistant to Cedar Apple Rust
          (6) American Elm
          (7) Tree of Heaven

36. Violations – Westland, Ltd., or its assigns, and every person hereinafter having any right, title, or interest in any lot or parcel within said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, and to recover any damages resulting from such violation.
       
37. Duration of Restrictions – All of the foregoing covenants, conditions, reservations, and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot in such premises, regardless of how he acquired title, until the commencement of the calendar year 2010 on which date these covenants, conditions, reservations, and restrictions shall terminate and end, and thereafter be of no further legal or equitable effect on such premises or any owner thereof, provided, however, that these covenants, conditions, reservations, and restrictions shall be automatically extended for a period of ten (10) years and thereafter in successive ten (10)-year periods, unless on or before the end of one such extension period or the base period, the owners of a majority of the lots in the subdivision shall, by written instrument duly recorded, declare a termination of the same.  If such termination is so declared, the City of Topeka shall be notified.  Although these covenants, conditions, reservations, and restrictions may expire as herein provided, any and all reversions for breach of these covenants, conditions, reservations, or restrictions committed or suggested prior to such expiration shall be absolute.

38. Clarion Woods Property Owners Associations – Westland, Ltd., shall create a Property Owners Association which shall be a Kansas not-for-profit corporation.  The term of the corporation shall be perpetual.  Such corporation shall be managed by a Board of Directors, the members of which shall be elected by the members of the Property Owners Association at least annually.  The Board shall be comprised of not less than one (1) and not more than nine (9) Directors, all of whom shall be owners of lots in the Clarion Woods Subdivision.  Such Property Owners Association shall have the power to apply for tax exempt status as provided for the Internal Revenue code and amendments thereto.

     a. Membership – Membership of the Property Owners Association shall be mandatory for each of the lot owners, provided that there shall only be one (1) vote per lot, and membership for owners of in excess of one lot. p Persons owning property as co-tenants or by co-ownership shall designate one (1) person to vote for such property.  Notwithstanding the foregoing, Westland, Ltd., shall be entitled to five (5) votes for each lot of which it is the owner.
(Amended 8/28/02)


     b. Initial Management of Association – The initial management of the Property Owners Association shall be by one (1) Director, which shall be elected by Westland, Ltd., or its assigns.  At the time that 90% of the lots are sold, or sooner at the discretion of Westland, Ltd., or its assigns, the Property Owners Association may increase the number Directors.

     c. Actions of the Property Owners – All actions of the Property Owners Association shall be taken on their behalf by its Board of Directors, except for when a vote of the members is specifically required by the Declaration, the Articles of Incorporation, or the Bylaws.

     d. Annual Dues – Each lot owner Owners of lots within the Clarion Woods Subdivision shall pay annual dues in the amount of One Two Hundred Thirty and no/100 Dollars ($230.00) per platted lot membership or such other sum as the Board of Directors from time to time shall determine.  Such dues shall be due on the first day of January each year and shall be payable to the Clarion Woods Property Owners Association.  Westland, Ltd., or its assigns, as the initial owner of any unimproved lots, shall not be obligated to pay annual dues on such unimproved lots.  The Board of Directors of the Property Owners Association shall have the power to raise or lower the annual dues from time to time, provided that the Board of Directors may not increase the amount annual dues by an amount exceeding ten percent (10%) per year without a vote by the majority of the Property Owners Association members.
(Amended 8/28/02)


     e. Default in Annual Dues Payment – In the event a property owner shall fail to pay their annual dues within thirty (30) days after the same are due, the Property Owners Association shall have a lien on the subject property for the amount due, and shall further have the power to pursue any legal remedy to secure payment of the dues.   All annual dues which shall remain unpaid thirty (30) days after they are due shall thereafter be subject to interest at the rate of four percent (4%) over the base rate of Bank IV, Topeka, N.A., as established from time to time or at such other rate as established by the Board.

     f. Rights to Enforce Payment of Annual Dues – By the acceptance of title, each Owner shall be held to vest in the Property Owners Association the right and power in their own name to take and prosecute all suits, legal, equitable, or otherwise, which may in the opinion of the Property Owners Association be necessary or advisable for the collection of such charge or charges, and the Property Owners Association shall have the right to sue for and collect a reasonable sum to reimburse them for their attorneys’ fees and any other expenses reasonably incurred in enforcing their right hereunder.

     g. Maintenance of Reserve Areas – Westland, Ltd., may install landscaping and sprinkler systems in the Reserve Areas as Westland, Ltd., in its sole discretion, may determine.  In the event of the installation of such landscaping or sprinkler systems, the future maintenance, repair and replacement thereof and all monuments and logos shall be the responsibility of said Property Owners Association.  The Board of Directors shall be obligated to expend such portions of the annual dues as shall be necessary in order to maintain the Reserve Areas in a first class condition and shall not have the authority to reduce standards of maintenance below such level without the vote of two-thirds (2/3) of all members of the Property Owners Association.  If the City of Topeka is required to take over the maintenance of the Reserve Areas, the City would not be responsible to maintain these areas to the same standard.

39. Assignment – Any obligations or rights of Westland, Ltd., that are provided for in these restrictions may be assigned at any time to any person or entity so designated by Westland, Ltd.

40. Binding Covenants – The restrictions herein set forth shall run with the land and bind the present owners, their heirs, executors, administrators, successors, and assigns, and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant with the owners of said lot, their heirs, executors, administrators, successors, and assigns, and with each of them to conform to and observe said restrictions as to 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 breaches committed during its, his, or their seisin of or title to said land and the owner or owners of any of the above land shall have the 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 action for damages, and the failure of Westland, Ltd., a Kansas Corporation, or the owner or owners of any of the lots referred to above, to enforce any of the restrictions herein set forth, at the time of its violation, shall in no event be deemed to be a waiver of the right to do so thereafter.  Westland, Ltd., a Kansas Corporation, may, by appropriate agreement, assign or convey to any person or corporation, all of the rights, reservations, and privileges herein reserved by it, and upon such agreements, assignment, or conveyance being made, its assigns or grantees may, at their option, exercise, transfer, or assign those rights, or any one or more of them, at any time, or times, in the same way and manner as though directly reserved by them, or it, in this instrument.

41. Rights of City of Topeka – Areas in the subdivision have been designated as “Reserve Areas” and are to be conveyed to the Clarion Woods Property Owners Association which Association shall be responsible for the maintenance and upkeep thereof.  Until such conveyance, Declarant, as owner, shall be responsible for such maintenance and upkeep.  In the event the Property Owners Association, its successors, or assigns, fail at any time to maintain the "Reserve Areas," the City of Topeka may proceed, under applicable City of Topeka ordinances, to maintain the "Reserve Areas."  All costs incurred by the City, in the event the City must maintain the "Reserve Areas," shall be assessed against the lots within the subdivision as provided for by law.  Nothing contained herein shall be construed as creating a duty on the part of the City to enforce any of the duties, obligations, or responsibilities set forth herein.

42. Validity – Invalidity of any one of the above restrictions, covenants, and conditions by a court judgment, or decree, shall in no way affect any of the other provisions hereof, such other provisions shall remain in full force and effect.

43. Amendment of Declarant – Amendments to this Declaration made prior to the date on which Westland, Ltd., delivers management to the Property Owners Association shall become effective when approved in writing by Westland, Ltd., and recorded in the office of the Register of Deeds of Shawnee County, Kansas; provided, however, that any such amendment shall not materially affect any rights of any existing mortgage holders or lot owners.

44. Additional Land – Westland Ltd., or its assigns, may from time to time annex additional real property, including additional Common Areas, to the property covered by this Declaration, and thereby subject the same to all of the filing for recordation with the Register of Deeds of Shawnee County, Kansas, of an instrument expressly stating an intention to so annex and describing such additional real property to be so annexed.  During that twelve (12) year period commencing with the date of the recording of this Declaration, Declarant, its successors, or assigns, may annex such additional real property in its absolute discretion.

45. Amendment of Restrictions by Clarion Woods Property Owners' Association – These restrictions may be amended by the action of two-thirds (2/3) of the dues-paying members whose dues are paid in full at the time the votes are tallied.  Such amendment shall be reduced to writing and recorded with the Register of Deeds of Shawnee County, Kansas, along with a copy of the Resolution by the Board of Directors of the Association, making a finding that two thirds (2/3) of the dues- paying members have approved the amendment.  Any proposal for further amendment of these restrictions, subsequent to this amendment, shall be either initiated by the Board of Directors or submitted to them in writing by the proponent of such amendment.  Any such subsequent amendment shall be subject to the procedure set forth in the following paragraph:

     If a Majority of the Board approves a resolution to so amend the Declaration of Restrictions, a copy of said resolution shall be mailed by first class mail, postage prepaid, to each herein described member, subject to their restrictions with a notice form upon which each member can indicate approval or disapproval of the proposed amendment, along with a self-addressed, prepaid postage envelope in which to return their vote.  Said notice shall advise the member of the date and place whereupon the votes will be tallied by the Board of Directors, which date shall be not less than thirty (30) days from the date the notice is mailed to the member.  Said notice shall provide the opportunity for the member to appear at said time and place to cast their vote in person as opposed to by mail.  The notice shall further provide that the failure of a member to cast a vote shall be considered a vote in favor of the amendment.  Written proxies shall be permitted provided the proxy is furnished at the time of voting.
(Amended 8/28/02)