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HomeMy WebLinkAboutA011 - Building Restrictions and Protective Covenants for Amethyst Place Subdivion BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS FOR AMETHYST PLACE SUBDIVISION TO WHOM IT MAY CONCERN, WITNESS THAT: WHEREAS, Larry W. Kerr, M. Joan McDonald and Joyce R. Lang are the titleholders to the following described real property: Part of the Northeast Fractional Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M. , City of Ames, Story County, Iowa, more particularly described as follows : Beginning at the North Quarter corner of said Section 6; thence S00155 ' 25"W, 1610 .34 feet along the west line of the Northeast Fractional Quarter to the Center of said Section 6; thence N89°20 ' 067"E, 547 . 81 feet along the south line of the Northeast Fractional .Quarter of said Section 6 to the west line of Spring Valley Subdivision, City of Ames, Story County, Iowa; thence N00040 ' 53E, 1611 . 61 feet to the north line of the Northeast Fractional Quarter of said Section 6; thence S89010 ' 53"W, 35 .00 feet along said north line; thence S00040 ' 38"W. , 270. 03 feet; thence S89010 ' 53"W, 190 .01 feet; thence N00041 ' 24"E, 230 . 02 feet; thence N89010 ' 53"E, 189 . 96 feet; thence N00040 ' 38"E, 40 . 01 feet to the north line of the Northeast Fractional Quarter of said Section 6; thence S89010 ' 53"W, 506 . 04 feet to the point of beginning, containing 19 . 12 acres, which includes 0.50 acres of existing public road right of way. NOW, THEREFORE, Declarant hereby declares that the property described above shall be held, sold .and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. Declarant is submitting a Conceptual Development Plan for Amethyst Place Subdivision. I . DESIGNATION OF USE All lots in Amethyst Place Subdivision shall be known and described as residential lots and shall not be improved, used or occupied for other than private single-family residential purposes . 99- 061 03 �aC� r II . BUILDING AREA No dwelling shall be constructed or permitted to remain upon any lot in this subdivision unless it meets the following floor requirements : A. One-story dwellings must have a ground floor finished area of not less than 1, 600 square feet. B. One and one-half story dwellings must have not less than 1, 100 square feet of finished area on the ground floor, and a total of the ground floor and second floor of not less than 1,700 square feet of finished area. C. Two-story dwellings must have not less than 1, 100 square feet of finished area on the ground floor, and a total on the ground floor and second floor of not less than 1, 900 square feet of finished area. D. Split-entry dwellings must have not less than 1,400 square feet of finished area directly under the roof. E. In the computation of floor area, the same shall not include porches, breezeways, garages or basements . III. DESIGN AND CONSTRUCTION A. No mobile home or manufactured homes, as defined in the Code of Iowa, shall be placed or erected on any lot. B. No building shall be erected on any lot nearer than the building setback lines as shown on the recorded plat. C. No building or structure shall be constructed, altered or maintained on any lot unless it .has a. driveway running from a street to a dwelling, which .must be of sufficient area to park at least two cars entirely off the street. All _driveways shall be constructed of concrete or bituminous surfacing. D. All dwellings must have, at a minimum, double attached or double basement garage. E. No exposed tile foundations shall be permitted and all exposed external concrete wall material shall be painted or brick or stone veneered. F. Any dog run, trash receptacle, tool shed or other outside structure of like nature shall be properly screened by reasonable shrubbery or decorative fence or both. G. All buildings, structures or improvements of any kind 99- 0al03 (dq) 3 must be completed within twelve ( 12 ) months of commencement of date of construction. IV. TEMPORARY STRUCTURE OR EQUIPMENT No building or structure of temporary character and no trailer, basement, tent, shack, garage or outbuilding shall be used at any time as a residential dwelling on any lot, either temporarily or permanently. V. RECREATIONAL VEHICLES AND BOATS No recreational vehicle or boat shall be parked so that such vehicle or boat is visible from the street fora period of time longer than one week per year. VI . RUBBISH CONTAINERS No rubbish container shall be visible from the street except on pick-up day and one day before and one day after pick-up day. VII . UTILITIES All utility connection facilities and services shall be underground. No individual water supply system or individual sewage disposal system shall be permitted on any lot-,except Lot 9 which may have an individual water supply system. VIII . TOWERS AND ANTENNAS No extension towers or antennas of . any kind shall be constructed, modified or permitted on any lot. Reasonable .television or radio antennas are permitted on dwellings or garages . IX. NUISANCES No noxious or offensive activity or odors shall be permitted on or to escape from any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance, either temporary .or permanently. X. LIVESTOCK AND POULTRY PROHIBITED No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats and other common household pets may be kept so long as they are not kept, bred, or maintained for commercial purposes . In no event, however, shall more than two dogs be maintained on any one lot at any one time. Dogs must be tied or fenced or kept in a dog run. 99- 061 03 (a� 4 XI . EASEMENTS Certain perpetual easements not yet drawn are reserved as shown on the Conceptual Development Plan. The owner or occupant of a lot shall, at his own expense, keep and preserve that portion of the easement within the property in good repair and condition, and shall neither erect or permit erection . of any. building, structure or fences of any kind within the easement which might interfere in any way with the use of such easement. XII . FENCES No fences shall be permitted within the front 50 feet of any lot. Further, there shall be permitted ,.no .metal or. chain-link .fences on any lot. XIII . .WEED CONTROL The owner or person in possession of each lot, whether vacant or improved, shall keep the same free of weeds and debris and agrees that after written notice given by certified mail to such owner or person in possession by any property owner owning property within 500 feet of such lot, such weeds shall be cut and such debris shall be removed within 15 days, failing which the property owner giving such notice may entered upon the property to cut or cause to be cut such weeds, or to remove or cause to be removed such debris, and shall have a right of- action against the owner of such lot for collection of the cost hereof® XIV. DIVISION OF LOTS No lot in Amethyst Place Subdivision, except Lot 9, shall be subdivided, partitioned or in any way developed so• that -more than one single-family residential use is made of any one lot. XV. MISCELLANEOUS These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until February 15, 2017, at which time said covenants shall be automatically extended for an additional period of ten years unless a majority of the owners of the lots in said plat, by a written agreement filed in the Office of the Recorder of Story County, Iowa, amend said restrictions in whole or in part. If the owner or person in possession of any lot in Amethyst Place Subdivision violates or attempts to violate any of the covenants or restrictions herein established before said restrictions or covenants expire or have been removed, as provided herein, it shall be lawful for any person or persons owning any other lots 99 - ® 6103 a� l '1 5 in said plat to prosecute any proceedings in law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. In no event shall the provisions of rticle XI be amended or rescinded without the written cons nt of the City of , Iowa. Larry W. Kerr, Declarant M. an McDonald, Dec arant J03W R. Lang, geclarant STATE OF IOWA ) SS: COUNTY OF POLK ) On this 2 day of June, 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Larry W. Kerr and M. Joan McDonald, known to be the persons named in and who executed the fo�egoing4 � instrument and acknowledged that they executed the same ads the' r � ' voluntary act and deed. n a � A UBLIC - STATE;`b µIOWA .Jose h L. Marks STATE OF IOWA ) P t . ) SS: COUNTY OF STORY ) On this 15-6 day of June, 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Joyce R. Lang to me known to be the person named in and who executed the foregoing instrument and acknowledged that she executed the same as her voluntary act and deed. NOTARY PUBLIC - STATE OF IOWA �P10.L 8 P ©lkl�Ia MJ.E34EC1, hI c n�v cc�sngissio�CXPIRES a? AP",?_4,13sS 99- 061 03 (30