HomeMy WebLinkAboutA005 - Restrictive Covenants dated December 11, 1968 Y i
RESTRICTIVE COVENANTS
WHEREAS, the undersigned, are owners in fee simple of
real estate now known as BRINDLEY°S, SUBDIVISION OF AMES, IOWA,.
and,
WHEREAS, for their own protection and for the benefit
of subsequent owners of the lots within the said subdivision, the
owners now desire to restrict the use thereof in certain parti-
culars; -
NOW, THEREFORE, the parties hereto in consideration
of the covenants and agreements of each other, do by these
presents, covenant, bargain and agree for themselves, their
successors and assigns, as follows:
1. That all lots within the said subdivision shall
be used for single family residential purposes.
2 . That no trailer, basement, tent, shack, garage,
barn, or other outbuilding erected on said- lots shall at any
time be used asresidence, either temporarily or permanently, nor
shall residences of a temporary character be permitted.
3. That no obnoxious or offensive trade shall be
carried on upon any lots, nor shall any activities be performed
thereon which may be or become a nuisance to the neighborhood.
4. That there shall be reserved to Lot 3 of Brindley`
Subdivision of Ames, Iowa, a permanent easement and perpetual
right to construct, reconstruct, maintain and use its water lines
gas line, sewer line and other similar and necessary equipment,
or any part thereof, under the South 40 feet of the East 13 feet
of Lot 2, Brindley` s Subdivision of Ames, Iowa ; said easement
and right being reserved on the express condition that the owners)
LAW OFFICES OF
PASLEY, SINGER & SEISER _
AMES,IOWA a?
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80 Ok-ZdZPAG EA,3
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of the said Lot 3, Brindley's Subdivision of Ames, Iowa, their
heirs and assigns, will -assume liability for all damage to the
said described real estate caused by -their exercise of the
granted rights.
5. There is hereby reserved to Lot 1 of Brindley' s
Subdivision of Ames, Iowa, easement and perpetual right to
construct, reconstruct, maintain and use its water lines, gas
line and sewer line and other similar and necessary equipment,
or any part thereof, under that portion of Lot 2, Brindley' s
Subdivision of Ames, Iowa, described as follows:
Beginning at a point on the South line of Lot
Two (2) , Brindley's Subdivision of Ames, Iowa,
which point is 12 .6 feet East of the Southwest
corner of said Lot 2, thence West along the
South line of said Lot 2, 12 .6 feet, thence North
along the West line of said Lot 2, 25.2 feet, thence
Southeasterly to the point of beginning;
said easement and right being reserved on the express condition
that the owners of said Lot 1, Brindley' s Subdivision of Ames,
Iowa, their heirs and assigns, will assume liability for,all
damage to the said described real estate caused by their exercise
of the granted rights.
6. That these restrictions, easements and rights
shall be deemed to be covenants running with the land and shall
endure and be binding upon the parties hereto, their successors
and assigns, permanently in the case of covenants 4 and 5, and in
the case of covenants 1, 2, and 3 until January 1, .1990.
7 . That in case of any violation of the said cove-
nants any person then owning a lot in said subdivision is speci-
fically authorized to resort to an action at law or in equity
for relief, either by injunction or for damages, against the
person so violating said covenants.
I
LAW OFFICES OF
,SLEY, SINGER & SEISER
AMES, IOWA
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8. That invalidation of any of these covenants by
judgment or court order shall in no way affect any of the other
provisions which shall remain in full force and effect.
DATED this day of 2)tCEk181-6zP1 1968.
Tom A. Brindley.
-'-' Q 1 0
LaVerna R. Brindle
STATE OF IOWA )
ss.
STORY COUNTY )
On this day of DtccivaF/Z 1968, before me,
the undersigned, a Notary Public in and for said County, in said
State, personally appeared Tom A. Brindley and LaVerna R. Brind-
ley, to me known to be the identical persons named in and who
executed the within and foregoing instrument, to which this is
attached, and acknowledged that they executed jrthheame as their
voluntary act and deed.
d
Notary Public in ana `�s;a id
County y
I
LAW OFFICES OF /�
PASLEY, SINGER & SEISER 9001 ��v�/PAG�.�Oy
AMES, IOWA
MDEXED..
RECORD-Co-MP
FILED FOR RECORD
DEC 11 1968
STATE OF IOWA
STORY COUNTY 17 ss
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