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Home My WebLink AboutA005 - Restrictive Covenants RESTRICTIVE COVENANTS WHEREAS, the undersigned are the owners of the lots contained in the First Addition, Bentwood Subdivision, in Ames, Iowa, and WHEREAS, for their own protection and for the benefit of subsequent owners of the lots within said subdivision, the said owners desire to restrict the use thereof in certain particulars, First Addition, Bentwood Subdivision, and NOT THEREFORE, the parties hereto and in consideration of the covenants and agreement of each other, by these presents, covenant, bargain, and agree among themselves, and for their successors and assigns as follows: 1. That each lot within the subdivision is hereby restricted to residential use and uses related to the convenience and enjoyment of such residential use. No more than three unrelated persons shall occupy, use, purchase, own, rent or live in any of the homes . 2 . That no structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings -'shall be used on any portion of any lot at any time as a residence, either temporary or permanent. 3. That no obnoxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may become a nuisance to the neighborhood. 4 . No building, fence, wall, nor other structure shall be commenced, erected, or maintained upon any lot 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 have been submitted to and approved in writing by Erben A. Hunziker or Donald M. Furman, hereinafter referred to as "Developers" or by an Architectural Committee composed of two or more representatives appointed by the Developers. The primary guidelines for approval are that the plans and specifications reflect harmony of external design and location in relation to surrounding structures and topography. In the event the Developers, or their designated committee, fail to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this restriction will be deemed to have been fully complied with. When dwellings have been constructed on all lots within the Bentwood Subdivision of Ames, Iowa, the requirements imposed by this Paragraph shall terminate. 5. All rubbish, trash or garbage shall be regularly removed from each lot, and shall not be allowed to accumulate thereon. NO 0 j, r • s a. 2 trash burning shall be permitted on any lot. 6. Gardening shall be done in individual backyards only. 7 . The following restrictions shall also constitute covenants: a. There shall be no mobile homes placed nor erected on any lot. b. Any dog run, trash receptacle, tool shed or other outside structure of like nature shall be properly screened by shrubbery or by a decorated fence, or both. C. Television or radio antennas of less than ten feet are permitted on dwellings or garages. Satellite dishes, if less than ten feet, are permitted in rear yards. No noxious nor offensive activities nor odors shall be permitted on or to escape from any lot, nor shall anything be done on any lot which is or may become an annoyance or nuisance, either temporarily or permanently. d. No animals, livestock nor 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. Dogs must be tied or fenced or kept in a dog run. In no event shall such animals be kept on any lot if they unreasonably disturb the owners or residents of any other lot. e. When the City of Ames requires the construction of public sidewalks, the sidewalks shall be constructed within one year after the sale of any lot or at the time of the occupancy of any dwelling on a lot, whichever first occurs. f. No automotive repair or rebuilding or any other form of automotive manufacture, whether for hire or otherwise, shall occur on any lot or driveway in the said subdivision. g. Recreational vehicles, travel trailers, motor homes, fold- down campers or such other type of recreational vehicle shall not be allowed on any lot for more than 48 hours. 8. That the developers and all subsequent owners of property located within this subdivision shall make all lots in the subdivision subject to the grading plan as submitted to and approved by the City of Ames, Iowa. 9. That the minimum first floor elevations or the minimum window well elevations, described as the lowest water entry level, are established for the following lots as follows: q4-10838 (13) Y 3 Lot 9: 198.0 feet Lot 64 : 195.8 feet Lot 10: 198.0 feet Lot 65: 196.0 feet Lot 27 : 196.0 feet Lot 66: 194.0 feet Lot 28: 196.0 feet Lot 67: 194 .0 feet Lot 32 : 187.0 feet Lot 68: 194.0 feet Lot 33 : 186.9 feet Lot 69: 194 .0 feet Lot 34 : 186.6 feet Lot 70: 194 .0 feet Lot 35: 186.3 feet Lot 71: 194 .0 feet Lot 36: 186.0 feet Lot 72: 194 . 0 feet Lot 49: 187. 1 feet Lot 73: 194.3 feet Lot 50: 187 .2 feet Lot 74 : 194.6 feet Lot 51: 187.6 feet Lot 75: 195.0 feet Lot 52 : 187.8 feet Lot 76: 195.4 feet Lot 60: 188. 0 feet Lot 77: 195. 8 feet Lot 61: 195.4 feet Lot 78: 196.0 feet Lot 62 : 195.4 feet Lot 88: 204 .0 feet Lot 63: 195.6 feet Lot 89 : 204 .0 feet 10. That all of these restrictions shall be deemed to be covenants running with the land and shall endure and be binding upon the parties hereto, their successors and assigns, for a period of twenty-one years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. 11. That in case of violations of any of the covenants, any person then owning a lot in said subdivision or the City of Ames, Iowa, is specifically authorized to resort to an action of law or equity for relief, either by injunction or in damages, against the person so violating said covenants. 12 . That the invalidation of any of these covenants by judgment or Court order shall in no way affect any of the other provisions, but shall remain in full force and effect. Dated at Ames, Iowa, this day of 1994 . Donald M. u an as Trustee Erb n A. Hunziker as Trustee of the Donald and Ruth Furman of the Erben A. Hunziker Revocable Trust dated March 1, Revocable Trust dated July 28, 1991 1992 Riyth W. Furman as Trustee of the Donald and Ruth Furman Revocable Trust dated March 1, 1991 94-10838 (14)