HomeMy WebLinkAboutA008 - Restrictive Covenants dated August 3, 1998 RESTRICTIVE COVENANTS Instrument Prepared By:
Airport Road Developers, L.C.
AIRPORT ROAD SUBDIVISION P.O. Box 1652
AMES; STORY COUNTY; IOWA Ames, Iowa 50010
WHEREAS , Airport Road Developers , L . C . , an Iowa Limited
Liability Company ( "ARD" ) , is the sole lawful owner in fee
simple of real estate (the "Subdivision" ) situated in Story
County , Iowa , described as follows :
Lots 1 through 10 , inclusive , Airport Road Subdivision ,
Ames , Story County , Iowa .
WHEREAS , ARD for its protection and for the benefit of
subsequent owners of lots within the Subdivision , desires to
restrict the use thereof in certain particulars .
NOW , THEREFORE , ARD hereby covenants , bargains and agrees
for itself and its successors and assigns that all lots within
the Subdivision and the use thereof shall be subject to the
following covenants , conditions , and restrictions :
1 . No building or structure of any nature shall be commenced ,
erected or maintained upon the real estate , nor shall any exter-
ior addition to or change or alteration therein be made , until
the plans and specifications showing the nature , kind , shape ,
height , materials , and location of the same shall have been
submitted to and approved by ARD as to the harmony of external
design and location in relation to proposed surrounding
structuresand to topography . All buildings and improvements
shall be of new construction only . No pre-existing buildings
shall be permitted to be moved onto a lot , nor shall any
trailer , mobile home or other similar structure be placed upon
any lot , excepting those used on a temporary basis by a con-
tractor during construction . This covenant shall expire upon
the termination or dissolution of ARD as a legal entity .
Evidence of such termination or dissolution , if such occurs ,
shall be promptly filed with the office of the Recorder of
Story County , Iowa .
2 . The dimension of any wall of any structure or improvement
in the Subdivision shall not exceed seventy percent (70%) of
the total width of the lot so as to permit an open view
between the building and structures on adjacent lots . No
fences , signs , dense foliage or other objects shall obstruct
the view .
99 - 00730 Cis)
2
3 . Not less than ten percent ( 10%) of the total area of a lot
shall be used for landscaping and lawn purposes or green space .
4 . Buildings constructed in the Subdivision shall have all
exterior surfaces constructed of either brick , wood trim , stone ,
glass , exterior insulation and finish systems (EFIS) , or precast
wall panels or combinations thereof , and no steel or metal
siding will be totally exposed on those buildings . No pole type
building systems shall be allowed .
5 . Front , side and rear yard setbacks to be in accordance with
City of Ames Zoning Ordinance .
6 . Any improvement or structure built upon a lot shall be
fully finished and ready for use within twelve ( 12) months from
the date of commencement of construction .
7 . Equipment , trash cans , garbage cans , and storage piles
shall be kept screened from view by adequate planting or fencing
so as to conceal them from the view of other owners of lots
within the Subdivision . All rubbish , trash , or garbage shall
be regularly removed and shall not be permitted to accumulate .
8 . All ground-mounted utility transformers situated upon any
lot shall be appropriately screened from view by either wood ,
brick , or shrubbery , but only in such manner as is permitted
and authorized by the City of Ames , Iowa .
9 . All vehicles parking on the property must be moved on and
off the property on a regular basis . No land may be used to
"store" vehicles .
10 . No lot within the Subdivision shall be subdivided without
the prior written approval of ARD . This covenant shall expire
upon the termination or dissolution of ARD as a legal entity .
11 . These restrictions and conditions shall be deemed to be
covenants running with the land and shall endure and be binding
upon ARD , its successors in interest and assigns , for a period
of twenty-one ( 21) years from the date of the recording of
these Restrictive Covenants in the office of the Recorder of
Story County , Iowa . The benefit of these Restrictive Covenants
may be extended by the owner of any lot within the Subdivision
for an additional period of twenty-one years by filing a
"Verified Claim" , as provided by the Code of Iowa , in the
office of the Recorder of Story County , Iowa .
90 - 0073 0 ( )to)
3
12 . In the event of the violation of any of these Restrictive
Covenants , any person or entity then owning a lot within the
Subdivision is specifically authorized to resort to an action
at law or in equity for relief , either by injunction or for
damages , against the person , persons or entity so violating
these Restrictive Covenants .
13 . Invalidation of any of these Restrictive Covenants by a
judgment or order of court having jurisdiction thereof shall in
no way affect any of the other provisions which shall remain in
full force and effect .
IN WITNESS WHEREOF , Airport Road Developers , L . C . , has caused
this instrument to be executed this 3Q9 day of Au6uS-T lg48
AIRPORT ROAD DEVELOPERS , L . C .
By
a r v n alter , Manager
By
Dealn Hunziker , vidanager
STATE OF IOWA , COUNTY OF STORY , SS :
On PlU&LLS'( 3 , l49$ , before me the undersigned , a
Notary Public in and for said state , personally appeared
MARVIN J . WALTER and DEAN HUNZIKER , to me personally known, who ,
being by me duly sworn , did say that the persons are the
Managers of said LIMITED LIABILITY COMPANY executing the
foregoing instrument ; that NO SEAL has been procured by the
said limited liability company ; that said instrument was signed
on behalf of said limited liability company by authority of its
managers and the said MARVIN J . WALTER and DEAN HUNZIKER
acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by
it voluntarily executed .
Q ,
Notary ub 4"��
��"`•� JAN KITCHEN
MY COMMISSION EXPIRES
99 -- 00 73 0 W7 )