HomeMy WebLinkAboutA004 - Restrictive Covenants dated October 21, 1996 RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners of the lots contained
in the Second 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,
Second Addition, Bentwood Subdivision, and
NOW 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
trash burning shall be permitted on any lot.
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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 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.
9 . 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
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person so violating said covenants.
10. That the invalidation of an of these covenants b
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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 (�X � , 1996.
H & F BUILDERS PARTNERSHIP
I B � G
Y
Erben A. Hunziker, Parther
By tO N�Vd
Donald M. Furman, Partner
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