HomeMy WebLinkAboutOrd.689.04-03-1989BILL NO. 89-48
ORDINANCE NO. 6
AN ORDINANCE APPROVING THE RECORD PLAT OF
ASHLAND HILLS ESTATES SIXTH SUBDIVISION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. The record plat of Ashland Hills Estates Sixth
Subdivision, a part of the Southeast Quarter of Section 27,
Township 31 North, Range 13 East of the Fifth Principal Meridian,
City and County of Cape Girardeau, State of Missouri, submitted by
Southeast Missouri District Council of Carpenters, and bearing the
certification of R. M. Harrison, a Registered Land Surveyor, dated
March 9, 1989, is hereby approved.
SECTION 2. The City Clerk is hereby directed to sign the plat
with the date of Council approval and affix thereto the seal of
the City of Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be
ten days after its passage and approval.
PASSED AND APPROVED THIS QSA- DAY OF
in full force and effect
ATTEST:
velyn L Grand, Ci y C erk
9
RESTRICTIVE COVENANTS OF THE ASHLAND
HILLS ESTATES SIXTH SUBDIVISION
The undersigned, ASHLAND LAND DEVELOPMENT CORPORATION, a
Missouri corporation with its principal offices in the City of Cape
Girardeau, Missouri, is the owner in fee of part of Section 27,
Township 31 North, Range 13 East, in the City and County of Cape
Girardeau, State of Missouri, and described as follows:
and,
A tract in the Southeast 1/4 Southeast 1/4 of Section 27
Township 31 North Range 13 East, described as: Beginning
at a steel axel that is in the Southeast corner of said
Section 27; thence North 743.711; thence West 175.01;
thence South 51.171; thence West 50.01; thence South
87.381; thence West 100.01; thence South 290.01; thence
West 5.01; thence South 316.891; thence N89° 33' 07" E,
330.01; to the point of beginning containing 5.27 acres.
WHEREAS, the undersigned corporation filed its Dedication of
Ashland Hills Estate Sixth Subdivision on the day of
, 1989, in Book , at page , in the
Office of the Recorder of Deeds of Cape Girardeau County, Missouri;
and
WHEREAS, said Dedication referred to Restrictive Covenants to
be set out in an instrument filed separate from the Dedication; and
WHEREAS, the undersigned desires to adopt certain Restrictive
Covenants applicable to Ashland Hills Estates Sixth Subdivision;
and
NOW, THEREFORE, the undersigned, Ashland Land Development
Corporation, a Missouri corporation, hereby establishes the
following Restrictive Covenants for the Ashland Hills Estates Sixth
Subdivision.
First: All Lots in this Subdivision shall be used for
residential purposes only.
Second: The minimum dwelling size of any structure shall be
as follows:
1. Any single story dwelling, rather ranch
structure or other, shall have a minimum of 1,250 square
feet of finished living space.
2. Any full two story structure shall have a
minimum of 1,000 square feet of finished living space on
the main level.
3. Any story and one half structure shall have a
minimum of 1,000 square of finished living space on the
main level.
4. A split foyer structure shall have a minimum
of 1,150 square feet of finished living space on the main
level.
5. Any split level structure shall have a minimum
outside dimension of 1,350 square feet, excluding the
garage, unless the garage is incorporated into the area
beneath the living area.
6. Any structure not included in any of the above
categories must be submitted to the developer for
approval.
Third: No animals, livestock, or fowl of any kind shall be
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raised, bred, or kept on any lot, except that dogs, cats or other
household pets may be kept, provided that they are not kept, bred
or maintained for any commercial purpose.
Fourth: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage and all other waste shall be
kept in sanitary containers. All containers shall be kept in a
clean and sanitary condition.
Fifth: All dwellings shall be of a quality of materials and
workmanship substantially the same or better than which can be
produced on the date these Covenants are recorded.
Sixth: No excavation for stone, gravel or earth shall be
made on the lot except for walls, basements or cellars of the
dwelling.
Seventh: No owner, or persons claiming through the owners of
a lot, shall at any time raise the grade of any lot or lots above
the grade established by the developer.
Eighth: No fence, wall or hedge higher than six (6) feet
shall be erected or maintained on any,lot.
Ninth: All land within ten (10) feet of any street shall
be used solely for lawns, driveways and walks; and no fences shall
be located any closer than ten (10) feet of any street.
Tenth: No signs, billboards or advertising device of any
kind, except those used in any subsequent sale of the property,
shall be placed on or otherwise installed on any lot.
Eleventh: All or part of the foregoing Provisions and
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Restrictions may be modified, amended, released or extinguished at
any time by a written instrument executed and acknowledged, as
required by law, by the owner or owners of sixty percent (60%) of
the total number of lots in the Subdivision.
Twelfth: As to Lots 42, 43, 44, 45, 46, 47, 48 and 49, any
dwelling built thereon shall have the front of said house face Oak
Ridge Drive, and no house on said Lot shall face Kage Road.
Further, in respect to Lots 13 and 49, no dwelling shall have the
front facing Hopper Road, but any dwelling built on Lots 13 and 49
shall have its front face toward Oak Ridge Drive.
Thirteenth: All driveways for Lots 42, 43, 44, 45, 46, 47,
48 and 49 for any dwellings built on said Lots must be built from
Oak Ridge Drive. No driveways or roadways for any of said Lots
hereinabove mentioned shall run to or on Kage Road. No driveways
or roadways may be maintained from Kage Road to any of Lots 42, 43,
44, 45, 46, 47, 48 and 49. No driveways or roadways may be
maintained for Lots 13 and 49 from Hopper Road. Any driveways for
Lots 13 and 49 must run from Oak Ridge Drive and cannot intersect
into Hopper Road.
Fourteenth: Invalidation of any one of these covenants by
judgment or court order shall in no way affect any of the other
Provisions which shall remain in full force and effect.
Fifteenth: No commercial vehicle shall be parked on or
adjacent to any lot covered by these Restrictions.
Sixteenth: These Restrictions shall run with the land.
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IN WITNESS WHEREOF, the Ashland Land Development Corporation
has caused these Restrictive Covenants to be signed by its
President and attested to by its Secretary this day of
March, 1989.
Ashland Land Development Corporation
By
ATTEST:
Secretary
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
Herbert L. Annis, President
on this day of March, 1989, before me appeared Herbert L.
Annis, to me personally know, who, being by me duly sworn, did say
that he is the President of Ashland Land Development Corporation,
a corporation of the State of Missouri, and that the seal affixed
to the foregoing instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in
behalf of said corporation, by authority of its Board of Directors;
and said President acknowledged said instrument to be the free act
and deed of the corporation.
My Commission Expires:
Notary Public
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