HomeMy WebLinkAboutA004 - Restrictive Covenants dated November 21, 1994 COPY
RESTRICTIVE COVENANTS FOR
ASPEN BUSINESS PARK SUBDIVISION, AMES, IOWA
WHEREAS, the undersigned is the equitable titleholder of the
real estate contained in Aspen Business Park Subdivision, Ames,
Iowa, and;
WHEREAS, for its own protection and for the benefit of
subsequent owners of the lots within said subdivision, the
undersigned desires to restrict the use thereof in certain
particulars;
THEREFORE, the undersigned hereby covenants and agrees for
itself, its assigns, and successors in interest, as follows:
1. Lots 1 through 6, Block One, Lots 1 through 6, Block 2,
and Lots 1 through 6, Block 3, shall be used for commercial
purposes only. No more than one commercial structure shall be
constructed on any of said lots. No other buildings shall be
erected on said lots except for such other outbuildings as are
incidental to the commercial use of the property. No lot shall be
subdivided.
2 . All buildings shall be of new construction only. The
exterior walls of all buildings shall be furnished with:
(a) Brick (The primary brick shall comply with ASTM
(216 Grade S W Type F.B.S. and shall be Fine Art
Velour, Modular Size/King Size, as manufactured by
United Brick & Tile Company or equivalent. All
secondary brick (i.e. brick used for trim and/or
design] shall be complementary to the primary
brick) ;
(b) Glass;
(c) Stone;
(d) Architectural concrete.
qq- 130-7,3 (13)
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The following materials may be used on the exterior walls of
all buildings only for accents, trim or other incidental usage:
(a) Metal;
(b) Plastic, fiberglass, vinyl, etc. ;
(c) Masonite, hardboard;
(d) Wood.
No trailer, basement, shack, garage, barn or other
outbuildings or structure of any temporary character shall be used
on any lot at any time as a building, either temporarily or
permanently. No original building, including outbuildings, shall
be constructed upon any lot until the architectural plans,
specifications, grade elevations, location upon the lot, site
plans, signage plans, and landscaping plans have been submitted to
and approved in writing by Randall Corporation, or its assignees or
successors. The approval of Randall Corporation, or its assignees
or successors, shall also be required for any remodeling or
additions to original structures previously approved, so long as
the Randall Corporation or its assignees or successors own eight or
more lots within the subdivision. The Randall Corporation's, or
its assignees or successors, approval is required, in the main, to
protect and preserve the immediate environment and to minimize the
impact of construction and improvements upon the environment and
upon the surrounding lots and property. The approval of Randall
Corporation, or its assignees or successors, shall not be
unreasonably withheld.
3 . The following lot coverage restrictions will apply to all
q�l - 130 73 �)y)
3
the lots within the subdivision:
(a) A maximum of 25% of the lot for building usage;
(b) A maximum of 50% of the lot for parking purposes;
(c) A minimum of 25% of the lot must be utilized for
landscaping and greenspace.
If the lot utilization for building purposes is reduced from the
25% maximum, the reduced percentage for building purposes can be
added to increase the maximum parking usage.
4 . Each lot within the subdivision shall contain at least an
area equal to or greater than .7 acres.
5. All buildings built on lots adjacent to Highway 30 are
restricted to height not to exceed 25 feet or 1 story, whichever is
less.
6. All mechanical equipment, including air conditioning
units, utility meters or transformers, fans, etc. , all dumpsters or
other storage areas shall be either fenced or screened. All
inventory or equipment stored outside shall be screened by berms,
fences, or landscaping, or a combination thereof.
7. All parking lots or storage areas shall be paved or
hardsurfaced.
8 . No obnoxious or offensive conduct or trade shall be
carried upon any lot, nor shall any nuisance be permitted upon any
lot.
9. Any sidewalk or walkway installed along any portion of
Golden Aspen Drive, Golden Aspen Circle, or South 17th Street shall
be maintained by the owners of the lots adjacent to these streets
and each of these lot owners shall be responsible for the costs of
94- 13073 (15)
4
maintenance, including snow removal.
10. If the undersigned, its assigns and successors in
interest, shall violate or attempt to violate any of the covenants,
conditions, or restrictions herein, it shall be lawful for any
other entity or person then owning any other lot in Aspen Business
Park Subdivision, Ames, Iowa, to prosecute any proceedings at law
or in equity or ameliorate such violations and to seek injunctive
relief or damages for such violation or for specific performance in
complying herewith.
11. These covenants, conditions, or restrictions shall run
with the land and be binding on all parties and all persons or
entities claiming by, through, or under them, until January 1,
2014, at which time the covenants shall be automatically extended
for successive 20-year periods upon the filing of a verified claim
by the owner of any one lot in the subdivision, pursuant to Section
614 . 24, Code of Iowa, unless a majority of the then owners of lots
in the subdivision modify or terminate the covenants by the
execution and recording of an instrument in writing with respect
thereto. These covenants may be amended prior to January 1, 2014,
by an instrument in writing, executed by a majority of the then
owners of lots in the subdivision. Any such amendment must be
recorded.
DATED this z day of /� .o-� , 1994.
S T E. RANDALL
M0J N4 ti
J S. RANDALL
R4- 13073 (1��
5
Subscribed and sworn to before me by the said Scott E. Randall
and Jane S. Randall this day of w , 1994.
e a' : ' . .•r .,-;,;., 4 NOTAFY PUBLIC - STATE OF IOWA
9(oA AS
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