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HomeMy WebLinkAboutA004 - Restrictive Covenants dated October 1, 1992 a RESTRICTIVE COVENANTS AMES COMMUNITY DEVELOPMENT PARK WHEREAS, the undersigned is the owner in fee simple of a portion of the Ames Community Development Pa-rk (Lots 1-9) , Ames, IA and WHEREAS, for its own protection and for the benefit of subsequent owners of lots within said subdivision, the said owner desires to restrict the use thereof in certain particulars , NOW, THEREFORE, the undersigned hereoy covenants and agrees as follows : 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 the undersigned as to the harmony of external design and location in relation to proposed surrounding structures and to topography. All buildings and improvements shall be of new construction only. No pre-exi.sing 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 contractor during construction. This covenant shall expire upon the termination or dissolution of the undersigned as a partnership 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 which faces Alexander, Graham or Bell Streets 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 buildings and structures on adjacent lots . No fences , signs , dense foliage or other objects shall obstruct the view. v,OPAGE._... 9 s- - 2 - 3 . Not less than ten percent ( 100 ) of the total area of a lot shall be used for landscaping and lawn purposes or green space . 4 . All exterior walls shall be constructed with either steel , brick, wood trim, stone, glass, or precast wall panels, or combinations thereof . Metal building systems shall be all steel . No wood and steel systems or 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 the 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 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 the undersigned. This covenant shall expire upon the termination or dissolution of the undersigned as a partnership entity. PAGE... 3�u� 3 - 11 . These restrictions and conditions shall be deemed to be covenants running with the land and shall endure and be binding upon the undersigned, 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. In the event of the violation of any of said Restric- tive 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 said Covenants . 12 . Invalidation of any of these 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. Dated at Ames , Iowa this day of October, 1992 . FORD STREET DEVELOPMENT PARTNERSHIP By BY (a"W Mar in Walter chard nson Day n ad Development Corp. JPR Partners By Orman Riis JPR Partners STATE OF IOWA ) SS . COUNTY OF STORY ) On this day of October, 1992 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marvin J. Walter, to me personnally known, who, being by me duly sworn, did say that the person is one of the partners of Ford Street Development Partnership, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners , and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily executed. n�F Notary Public in giM f-r the`'' State of Iowa ` s K y Sa a . . . . AGE . . .,.M. w • t - 4 - STATE OF IOWA ) ss . COUNTY OF STORY ) On this day of October, 1992 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard Johnson, to me personally known, who, being by me duly sworn, did say that the person is one of the partners of Ford Street Development Partnership, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners, and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily executed. = sJ W �yG�iJ��af 4 4 Notary Public Pft and State of Iowa , k;i y:sk'sd t A,p�+�e r�''F�_ �?1fSM'�y�,"� s. • n tt j ,rya 1Y at STATE OF IOWA ss . COUNTY OF STORY ) On this day of October, 1992 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Norman Riis , to me personally known, who, being by me duly sworn, did say that the person is one of the partners of Ford Street Development Partnership, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners , and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership, by it and by the partner voluntarily executed. a } v Notary Public and for th, , State of Iowa _" Y �;RO PAM 3 .