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Deed Restrictions

Updated: Mar 2, 2018

We have attached below a summary of deed restrictions that apply to properties in the Brookridge Estates subdivision. They are in Adobe reader pdf format so you can view and print them and are called "deed restrictions". If you have any questions about them, please contact our vice president. Contact information is available at the "Contact Us" button at the left. Our deed restrictions are a set of rules intended to maintain the character of our neighborhood and its quality of life by limiting certain physical alterations, activities, etc. In legal terms, the restrictions are called covenants running with the land, meaning they are legally binding on each homeowner and enforceable in court. We hope all of our residents will view these restrictions as an important benefit of owning a residence in Brookridge Estates. When we purchased our homes, each of us agreed to abide by the restrictions as a condition of accepting title to the property; therefore, each of us has not only an obligation to comply with the restrictions, but a right to expect that our neighbors will do likewise.


We have also included a file called "BEHA Deed Restrictions". The is a scanned copy of a paper copy of a microfilm copy of the original document. It may pose some readability issues, but it is the best that we have in an electronic format.


IMPORTANT NOTE: The following is a simplified summary, presented for information only. The governing documents in these matters for Brookridge Estates are the Declarations of Restrictions filed August 30, 1962 and February 18, 1965 with the Johnson County Register of Deeds. This summary is not meant to supersede or alter those Declarations in any way, nor may this summary be cited in any enforcement action. To review or obtain a copy of the Declarations, please contact the Homes Association's Vice President of Restrictions.

The following restrictions apply to all properties platted for the Brookridge Estates subdivision.

Lot Specifications

The minimum frontage for each lot must be either:


  1. 70 feet at the street frontage, or

  2. 70 feet at the setback line of the residence when the lot area is more than 8,000 square feet.

Every lot has a portion set aside as a utility easement as depicted in the plats of Brookridge Estates that have been filed with the Johnson County Register of Deeds.

Placement of Structures

Every residence must have its frontage on the street adjacent to the lot. In the case of a corner lot, the residence may front on either of the two adjacent streets or at an angle between the two.

In any new construction or remodeling, building setback lines must be observed. The distance of such setbacks shall be either as shown on the recorded plats or as required by Overland Park zoning restrictions, whichever requires the greater setback distance.

Design of Structures

Residences cannot exceed two stories in height, and otherwise may not be less than the minimum height and area specifications set forth in applicable Overland Park zoning regulations.

All residences must meet the following minimum ground-floor areas, not including garages and open porches:


  1. For a one-story house, 1,200 square feet.

  2. For a split-level house, 600 square feet.


c. For a one and one-half story house, 750 square feet. d. For a two-story house, 800 square feet.

NOTE: An exception to these minimums has been made for certain properties. See the applicable Declaration for details. Garages must be attached to the main structure of the residence, unless written consent otherwise is obtained from the Homes Association, and are limited to a capacity of three cars.

No structure may occupy more than 80 percent of the width of its lot as measured on its front building line. By "structure is meant the main body of the residence together with any attached garages, greenhouses, ells or porches (enclosed or unenclosed).

Outbuildings

No detached garage or any other kind of outbuilding is permitted on any of the lots in Brookridge Estates without the written consent of the Homes Association.

Activities

No noxious or offensive trade or other activity is permitted in Brookridge Estates. No activity is permitted which is, or may become, an annoyance or nuisance. The keeping of any livestock or poultry is specifically prohibited.

No trailer, basement, tent, shack, garage, outbuilding or temporary structure may be used as a residence, either permanently or temporarily.

Fences

Any fence higher than four feet above the ground must have the prior approval of the Homes Association and the adjacent property owners.

Fences must be erected no closer to the street than the rear setback line of the house or, in the case of a corner lot, no closer to the street than the sideline setback.

Approval Required for Construction or Alteration

No new building may be erected, or existing building altered, without the written approval of the Homes Association.

Specifically, the Homes Association must approve the building plans, specifications and plot plan showing location. Approval is to be based on the conformity and harmony of the external design with existing surrounding

structures and suitability with respect to topography and finished ground elevation.

Application

These restrictions apply to all buildings or outbuildings originally constructed, or remodeled or rebuilt due to fire or other casualty. These restrictions are not intended to supersede the zoning regulations of the City of Overland Park or any other federal, state, county or city laws or regulations. In case of conflict, such laws and regulations will take precedence over the specific parts of these restrictions that are in conflict.

The following additional requirements apply to properties platted for Brookridge Estates subdivision and first sold for residential use on or after February 18, 1965.

Generally, this includes all properties west of Foster St., as well as certain other properties east of Foster St. Contact the Homes Association's Vice President of Restrictions for more detailed information.

Domestic Animals and Animal Enclosures

No more than two dogs or two cats may be kept at a residence, either indoors or outdoors. Any outdoor animal enclosure must be screened from view by adequate shrubbery. Prior to the construction of any such animal enclosure, the plans must be submitted to the homes association for review and written approval.

Parking of Vehicles

Only passenger automobiles may be parked at a residence. No trailer, truck, boat or other vehicle may be parked at any time on any part of the premises, unless it is parked completely enclosed in a garage that is an approved part of the residential structure.

Paving

No pavement may be installed for the sole purpose of parking vehicles in the open on the premises. Any pavement for vehicle use on the premises must be in the nature of a driveway as normally constructed for the purpose of entering a garage.

Fences

No fence other than chain-link style may be constructed without the written approval of the Homes Association.




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