HomeMy WebLinkAboutA010 - Restrictive Covenants vsr 04912
04912 .
t•r. STORY COUNTY, IMA FEE .-�
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FILED FOR RECORD M
t/AX MAY - 51982 WRE STRICT IVE COVENANTS -F
SUSAM L POfl'ER,Rw(kr
�► D4MEREAS, the undersigned are the owners in fee simple
of the real estate as described in the attached Schedule "A"; and
WHEREAS, for their benefit and protection and for the
benefit and protection of subsequent owners and adjoining property
owners, said owners desire to restrict the use of the real estate
described in the attached Schedule "A" in certain particulars.
NOW, THEREFORE, the parties hereto, in consideration
of the covenants and agreements of each other, by these presents
covenant, bargain and agree and for their successors and assigns,
as follows :
1. That this restriction on the use of the said land
shall remain in effect and shall be deemed to be a covenant running
with the land and be binding on the parties thereto, their successors
and assigns , until January 1, 2002.
2. That all of the real estate as forth in the
attached Schedule "A" which is proposed to be hereafter rezoned
as R-3, Multiple Residence, shall only be developed and constructed .
" as a planned unit development pursuant to Section 29. 47 of• the
Municipal Ordinances of the City of Ames, Iowa, and the undersigned
owners do hereby agree that they will not develop or construct
any buildings thereon in any manner other than as a planned unit
development unless and providing that the City Council of the
City of Ames, Iowa, by apprr,-)riate ordinances and resolutions,
shall otherwise allow or permit the said owners to develop or
construct in another manner. The subject land shall not be used
other than as a planned unit development as aforesaid unless at least
50% or more of the adjacent property owners consent in writing.
An adjacent property owner is defined as a property owner owning
a property on the South side of Top-a-Hollow Drive, West of Grand
Avenue and East of Calhoun Drive extended South. A husband and
wife shall be considered one owner.
3. That in the ca. .:'' of any violation of said covenants,
the City of Ames, Iowa, is specifically authorized to resort to
an action at law or equity fnr relief, either by injunction or in
damages , against said person or persons so violating said covenants,
and adjacent property owners shall have the same right and author-
ization. An adjacent owner •,s defined in paragraph 2 above.
DATED this 15th dayof March \,
J.B. WALKER TRUST, by UNION STORY . x
TRUST SAVIN BAN TRUSTEE wpg•
�i•IT
;
ro Brinkman, Executive
Vice-Pres'dent '�d-; '{�o ;, �•�'�►,
Attested by:
s R. Mic au Sr. zce-President
Donal
,, Furman Warren E. sr e
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4Ruh W.:—Furman Mary L. srae;
BOOK ,, „a (0
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LAW OFFI688 YER. $TEENSLAND m 5 3 +;'`' CA' h^`�
& LATHROP k *�e5f - - 1� OOIO
AMEB. IOWA 80010I'"\ J
SWK 0 p�S2PAGE
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DESCRIPTION
Tract 4 - R-3
Northwood Plaza
A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of
the 5th P.M. , in the City of Ames , Story County, Iowa ; described as •follow s .
"Commencing at the S.E. corner of the N 1/2 of the SE 7/4 of Section 27 _
T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa; thence
S 89° 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 14 of
said Section 27; thence North , 582.7 feet along /
Of U.S. Highway #69 to the Point of Beginning; thence econtingui g N way line
feet along said right-of-wa the n North, 73.7
y' thence Northwesterly, continuing along the
right-of-way and along an 8,525 foot radius curve, concave westerly, an
arc distance of 372.6 feet (the long chord bears N Ol ° 15' 40" W, 372.57 feet
thence N 890 48 ' 35" W, 893.75 feet along the south line of Bloomington ) ;
Road; thence S 00° 11 ' 25" W, 180.0 feet; thence S 890 48' 35" E, 231 .25
feet along the north line of a proposed street; thence S 000 00, 15" E,
256.6 feet along the east line of a proposed street; thence S 880 59' 40" E
671 .3 feet to the Point of Beginning. " '
Tract contains 336,826 square feet = 7.73 Acres .
Description for zoning purposes from Sheet #1 of the Northwood Plaza
Plans by Rudi/Lee/Dreyer dated January 19, 1982.
Kenneth D. J nssen, L .S. °' fn
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�OWA
RCM File 1#789094
RIEKE CARROLL MULLER ASSOCIATES, INC. OF iOWA
January 21 , 1982
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