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HomeMy WebLinkAboutA004 - Building Restrictions and Protective Covenants for Lots 1-37 BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS FOR LOTS 1-37 BLOOMINGTON HEIGHTS PLAT 2 THIS DECLARATION is made this day of January, 1992. WHEREAS, William C. Knap , Trustee of the William C. Knapp Revocable Trust (hereinafter called "Declarant") is the Owner and Developer of certain real property known as BLOOMINGTON HEIGHTS PLAT 2, located in the City of Ames, County of Story, in the State of Iowa, part of which shall be subject to these Building Restrictions and Protective Covenants and which part is more particularly described as follows and hereinafter referred to as the "Property": Lots 1 through 37, inclusive, BLOOMINGTON HEIGHTS, PLAT 2, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa. WHEREAS, Declarant is desirous of protecting the value and desirability of BLOOMINGTON HEIGHTS PLAT 2, including the Property described above. NOW, THEREFORE, Declarant hereby declares that all the Property as described above, namely consecutive numbered Lots 1 through 37 inclusive, Bloomington Heights, Plat 2, shall be held, sold and conveyed subject to the following restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the property and be binding on all parties having any right, title or interest in the property or any part thereof, their heirs, successors and/or assigns, and shall inure to the benefit of each owner thereof. 1. DEFINITIONS. For the purposes of this Declaration, the following terms shall have the following definitions, except as otherwise specifically provided: A. "BLOOMINGTON HEIGHTS, PLAT 2" shall mean and refer to the real property located in the residential subdivision of Bloomington Heights, Plat 2, in and forming a part of the City of Ames, Story County, Iowa. B. "DECLARANT" shall mean and refer to the signatory hereto and its successors and assigns. C. "LOT" shall mean and refer to any individual parcel of land which is subdivided and made of record and described above, as shown upon the recorded plat of BLOOMINGTON HEIGHTS PLAT 2. D. "BUILDING PLOT"' shall mean and refer to one or more platted Lots, one platted Lot and portion or portions of adjacent platted Lots, or portions of platted Lots in the Property assembled to create a building site which shall meet minimum size and dimension requirements of local zoning ordinances and the building restrictions herein. OY 1") —3—PAGE—/7/ E. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or building plat which is a part of BLOOMINGTON HEIGHTS PLAT 2. F. "OUTBUILDING" shall mean an enclosed covered structure not directly attached to the residence to which it is appurtenant. G. "PROPERTY' shall mean Lots 1 through 37 of BLOOMINGTON HEIGHTS PLAT 2, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa, or any Lot, Building Plot or portion thereof, subject to the restrictive covenants herein. 2. All Lots in the Property shall be known and described as residential Lots, and shall not be improved, used, or occupied for other than private residential purposes. No full-time or part-time business activity may be conducted on any Lot, or in any building or structure constructed or maintained on any Lot in the Property, except model homes during the construction period and the sales offices of the Declarant or assigns. 3. BUILDING TYPES. No building or structure shall be constructed, altered, or maintained on any Building Plot other than a one-detached, single-family dwelling. No mobile home as defined in the Code of Iowa shall be placed on or erected on any Lot. 4. BUILDING AREA. No dwelling shall be constructed or permitted to remain upon any Building Plot unless it meets the following floor area requirements: A. One story dwellings must have a ground floor finished area of not less than 1,050 square feet. B. One and one-half story dwellings must have 700 square feet of finished area on the ground floor and a total on the main floor and second floor of not less than 1,250 square feet. C. Two story dwellings must have 700 square feet of finished area on the ground floor and a total on the main floor and second floor of not less than 1,370 square feet. D. Split-entry dwellings must have 900 square feet of finished area on the main level and total finished floor area of 1,300 square feet. E. Split-level dwellings must have not less than 900 square feet of finished area on the main levels and total finished floor area of 1,300 square feet. In the computation of floor area, the same shall not include any porches, breezeways, or attached or built-in garages. PAGE a.L..l -2- 5. BUILDING SET-BACK. No building shall be erected on any Lot nearer than the building setback lines as shown on the recorded plat, except as may be approved by the appropriate zoning authorities. 6. GARAGES. Garages are not required when the single-family dwellings are initially constructed. Construction of any garages thereafter shall be done in accordance with the appropriate zoning laws and building codes. 7. DRIVEWAYS. All driveways shall be constructed of portland cement concrete or bituminous asphaltic concrete surfacing. 8. TEMPORARY STRUCTURES 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 Building Plot, either temporarily or permanently. No commercial vehicles, tanks, or commercial equipment of any kind shall be located, stored, or parked on any Building Plot. All recreation vehicles shall be parked or stored in the garage. 9. SIGNS. No sign of any kind or description shall be placed, exposed to view, or permitted to remain on any Lot, or any street adjacent thereto, except street markers, traffic signs, and other signs displayed by the City of Ames, or by other governmental units, and signs not exceeding one hundred (100) square inches in area upon which there shall be exhibited the street number or name or both of the resident. In the event that any sign other than those described above shall be placed or exposed to view on any of the Lots restricted hereby, the officers or agents of the Declarant are hereby given the right to enter upon any such Lot and remove such signs. Real estate signs and development promotion signs by the developer, or assigns, will be permitted until the development is completed and signs to show property for sale shall be permitted on each Lot. 10. TRASH RECEPTACLES. No trash receptacles or garbage cans shall be permitted to be paced outside of a building or a structure on any Building Plot for more than twenty-four (24) hours each week for garbage collection, unless made of stone or brick, or unless hidden by an attractive screen of suitable height, or unless sunken to ground level in a hole lined with permanent cribbing. 11. 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 Building Plot. B 0,40,K Qlf PAGE—a—Si— 12. TOWERS. No exterior towers, antennas or satellite dishes of any kind shall be constructed, modified, or permitted on the ground of any Building Plot. Reasonable television or radio antennas are permitted on dwellings or garages. 13. NUISANCES. No obnoxious or offensive activity or odors shall be permitted on or to escape from any part of the property, nor shall anything be done thereon which is or may become an annoyance or a nuisance, either temporarily or permanently. 14. LIVESTOCK AND POULTRY PROHIBITED. No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except the 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 Building Plot at any one time. Dogs must be tied or fenced in a dog run. 15. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of BLOOMINGTON HEIGHTS PLAT 2. The owner or occupant of a Building Plot shall at their expense, keep and preserve that portion of the easement within his property at all times in good repair and condition, and shall neither erect nor permit erection of any building or structure of any kind nor permit any growth of any kind within said easement which might interfere in any way with the use and patrolling of any of the utility services and drainage located in the easements. 16. ENFORCEMENT. If any party shall violate or attempt to violate any of the covenants, conditions, or restrictions contained herein, it shall be lawful or the Declarant or any other owners owning Building Plots in the Property entitled to the protection provided herein, to prosecute proceedings in law or in equity against the person or persons violating or attempting to violate any such covenants, conditions, or restrictions and to either prevent him or them from so doing or recover damages for such violations. 17. MODIFICATION OF RESTRICTIONS. The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect until January 1, 2013 at which time said covenants, restrictions and provisions shall automatically be extended for successive periods of five (5) years each, unless such covenants, restrictions and provisions are amended, modified or changed or cancelled, in whole or in part by written agreement signed by the owner or owners of more than fifty percent (50%) of the Lots hereby restricted and recorded in the office of the Recorder of Story County, Iowa, at least one (1) year prior to the original expiration date or to a subsequent expiration date, whichever is applicable. BOOK -PAG£ f-�- -4- 18. SEED, SOD AND WEED CONTROL. All Lots must be sodded or seeded with grass. A homeowner must maintain a weed- control program. The owner or persons in possession of a Building Plot which is improved with buildings constructed on the Building Plot, shall keep the same free of weeds and debris and agrees that after written notice given by certified mail to such owner or persons in possession by any property owner of Lots 1 through 37 of BLOOMINGTON HEIGHTS PLAT 2 owning such property within 500 feet of such Lot, such weeds shall be cut and such debris shall be removed within fifteen (15) days, failing which the property owner giving such notice, as the case may be, may enter 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 thereof. 19. HOUSE COLORS. All exterior house and masonary colors on homes initially constructed must be approved by the developer, or his assigns. 20. SEVERABILITY. Invalidation of any of these covenants, conditions or restrictions by judgment or court order shall in no way affect any of the other covenants, conditions or restrictions contained herein, which shall remain in full force and effect. IN WITNESS WHEREOF, William C. Knapp, Trustee of the William C. Knapp vocable Trust, has caused this instrument to be executed this � day of { , 1992. WILLIAM C. KNAPP REVOCABLE TRUST By: 7 William C. Knapp, Tru'#' 15r STATE OF IOWA ) COUNTY OF POLK SS: On this U— day of ` , 1992, before me, the undersigned, a Notary Public in and for t e ate of lowaAersonally appeared William C. Knapp, Trustee of the William C. Knapp Revocabl rust, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary. �andfor N tary P is in the State of Iowa �. Kathy A. Kintner d:\i0129\187\bui1dres.doc f?a 3 -5-