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Home My WebLink AboutA003 - Restrictive Covenants dated April 21, 1998 . t ABOVESPACE •- RECORDER INSTRUMENT PREPARED BY: David W. Benson,P.O.Box 270,Ames IA 50010(Tel:515-239-5000) RESTRICTIVE COVENANTS AMES COMMUNITY DEVELOPMENT PARK, AMES, STORY COUNTY, IOWA WHEREAS, Ford Street Development Co., L.C., an Iowa Limited Liability Com- pany ("Ford Street"), is the sole lawful owner in fee simple of real estate (the "Subdivision") situated in Story County, Iowa, described as follows: Lots 1 through 5, inclusive, and Outlot A, Ames Community Development Park, First Addition, Ames. Story County, Iowa. WHEREAS, Ford Street for its protection and for the benefit of subsequent own- ers of lots within the Subdivision, desires to restrict the use thereof in certain particulars. NOW, THEREFORE, Ford Street 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 exterior 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 Ford Street as to the harmony of external design and location in relation to proposed sur- rounding structures and 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, ex- cepting those used on a temporary basis by a contractor during construction. This cove- nant shall expire upon the termination or dissolution of Ford Street as a legal entity. Evi- dence 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 which faces South Bell Avenue or S.E. Fifth Street in the Subdivision shall not exceed seventy per- cent (70%) of the total width of the lot so as to permit an open view between the build- ings and structures on adjacent lots. No fences, signs, dense foliage or other objects shall obstruct the view. fors.057 qq- 05419 (9) -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 on Lot 5 of 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 exposed on those buildings. Buildings constructed on Lots 2, 3 and 4 of the Subdivision shall have an exterior wall facing South Bell Avenue constructed of brick, wood trim, stone, glass, EFIS, or precast wall panels or combinations thereof, and not steel or metal siding. Any truck docking area for buildings on Lots 2, 3, and 4 of the Subdivision will be recessed from the front of the building. All other exterior walls of buildings within the Subdivision shall be constructed with either steel, brick, wood trim, stone, glass, EFIS, or precast wall panels, or combinations thereof. Metal building sys- tems shall be all steel. No pole type building systems shall be allowed. 5. No building shall be erected nearer than fifteen (15) feet to any side lot line, nor nearer than twenty (20) feet to any rear lot line. 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 prop- erty 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 Ford Street. This covenant shall expire upon the termination or dissolution of Ford Street 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 Ford Street, 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 Qg-05419 (10) - 3 - these Restrictive Covenants may be extended by the owner of any lot within the Subdivi- filing a "Verified Claim vi ", as pro- sion for an additional period of twenty-one years by ded by the Code of Iowa, in the office of the Recorder of Story County, Iowa. 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, Ford Street Development Co., L.C., has caused this instrument to be executed thi��day of 1998. FORD STREET DEVELOPMENT CO., L.C. By RVI J. WA TER, Manager RICHARD T. HNSON, Manager By NORMAN RIIS, Manager STATE OF IOWA, COUNTY OF STORY, SS: On �k 11� 2,� � / , 1998, before me the undersigned, a Notary Public in and for said state, personally appeared MARVIN J. WALTER, RICHARD T. JOHNSON and NORMAN RIIS, 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, RICHARD T. JOHN,S,O,N, and NORMAN RIIS acknowledged the execution of said instrument to be the wb�}un act and deed of said limited liability company by it voluntarily executed Notary Public z; I: SANDRA K. HEGGEN s . 5419 01 4-0 )