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Home My WebLink AboutA005 - Restrictive Covenants dated December 7, 1999 Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 RESTRICTIVE COVENANTS WHEREAS, the undersigned are the owners of the lots contained in the Fourth Addition, Bentwood Subdivision,in Ames,Iowa,a Replat of Outlot Z,Third Addition,Bentwood Subdivision in Ames, Iowa(hereinafter referred to as "Fourth Addition, Bentwood Subdivision"); 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,Fourth 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. RESIDENTIAL USE. 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. TEMPORARY STRUCTURES. 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. TRADE RESTRICTIONS. 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. BUILDING PLANS APPROVED. 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, as representatives of H & F Builders Partnership, 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 0 0 _ 0 , a25 !I and specifications reflect harmony of external design and location in relation to surrounding structures and topography. In the event the representative of 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. HOME MAINTENANCE. 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. 6. GARDENING RESTRICTIONS. Gardening shall be done in individual backyards only. 7. FOUNDATION HEIGHT RESTRICTIONS. Homes built on Lots 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 shall be situated so that the top of the foundation wall or any sill levels in the wall are above 222.50 feet. 8. WETLANDS RESTRICTIONS. A wetlands development plan has been recorded, which plan has been approved by the Department of the Army Corp of Engineers. This plan places a portion of Lots 12, 13, 14, 15, 18, 19 and 20 in a wetlands preservation easement area. Use of this easement area is restricted as follows: a. All work within the wetlands development area shall be done in accordance with the Central Iowa Metropolitan Area and Communities"Urban Standard Specifications for Public Improvements." b. The existing wetlands shall not be disturbed without a valid permit from the United States Corp of Engineers, Iowa Department of Natural Resources, City of Ames or any other regulatory authority having jurisdiction over the area. C. The grading plan shall be complied with regarding existing trees,grasses,and undergrowth which are to remain undisturbed. 2 " - , A ® v �VVV! 9. MISCELLANEOUS RESTRICTIONS. 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 orders 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. 10. GRADING PLAN. 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. 3 00 - 01 823 �[3 11. DURATION. 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. 12. VIOLATIONS. 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. 13. INVALIDATION. 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. 14. AMENDMENTS. This instrument may be amended by a written instrument eligible for recording and executed by at least the owners of seventy-five percent (75%) of the lots within the subdivision. Any amendment to this instrument must be filed for record in the office of the Recorder of Story County, Iowa. For the purposes of this paragraph, each lot shall be considered as having one"lot owner"even though title may be held in more than one name. Each"lot owner" shall be entitled to one vote for each lot owned. 15. RENEWAL. The provisions of this instrument and any amendments thereto may be extended for an additional period beyond the initial twenty-one (21) year period by the owners of seventy-five percent(75%) of the lots within the subdivision filing a verified claim in the office of the Recorder of Story county, Iowa, within the initial twenty-one (21) year period. For the purposes of this paragraph, each lot shall be considered as having one "lot owner" all as provided in the preceding numbered paragraph. Dated at Ames, Iowa, this�day of ` v, 1999. H & F BUILDERS PARTNERSHIP Erben A. Hunziker Revocable Trust Dated July 28, 1992, Partner ,1 By: Erben A. Hunziker, Trustee 4 Y Donald and Ruth Furman Revocable Trust Dated March 1, 1991, Partner By. Y ,� DonalJ M. Furman, Co-Trustee By:- e ` Ruth W. Furman, Co-Trustee STATE OF IOWA ) ss: COUNTY OF STORY ) On this day o /��i' �G -, 99, before me, the undersigned, a Notary Public in and for the Sta e of Iow , sonally appeared Erben A. Hunziker as Trustee of the Erben A.Hunziker Revocable Trust dated July 28, 1992,and Donald M.Furman and Ruth W.Furman,Co- Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, to me personally known,who being by me duly sworn, did say that they are partners of H&F Builders Partnership, an Iowa general partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by th rt rs ntarily executed. DEBORAH S.KRAUTH o a P bli in and for the State of Iowa MY OMMIS N PIRES OWp 5 00 0 1 8 2 �I5