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HomeMy WebLinkAboutA004 - Covenants, Conditions, Restrictions, and Easements dated April 4, 2000 Document Prepared By: Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FIRST ADDITION, COPPER COVE SUBDIVISION, STORY COUNTY,.IOWA AND `LOTS Seven (7), Eight(8) and Nine (9) of the Plat of Survey of the Auditor's Plat of the Southeast Quarter(SE 1/4) of the Southwest Quarter(SW 1/4) of Section Twenty-three (23), Township Eighty-four(84) North, Range Twenty-four(24) West of the Fifth P.M., Story County, Iowa, said Plat of Survey having 'been filed in the office of the Recorder of Story County, Iowa, on March 22, 2000, Instrument No. 00-02936, Slide 61, Page 5. WHEREAS, RICH LEPPER CONSTRUCTION, INC., an Iowa corporation ("Developer"), is the owner of all lots situatedvithin FIRST ADDITION, COPPER COVE SUBDIVISION, STORY COUNTY, IOWA, and Lots Seven (7), Eight(8) and Nine (9) of the Plat of Survey of the Auditor's Plat of the Southeast Quarter(SE 1/4) of the Southwest Quarter (S W 1/4) of Section Twenty-three (23),Township Eighty-four(84) North, Range Twenty-four (24) West of the Fifth P.M., Story County, Iowa, said Plat of Survey liaving been filed in the office of the Recorder of Story County, Iowa, on March 22, 2000, Instrument No. 00-02936, Slide 61, Page 5, and WHEREAS, for its own protection and for the benefit of subsequent,owners of said real estate, and such other adjacent property as maybe later subject to the provisions on this Instrument, the Developer desires to restrict the use thereof in certain particulars, 00 -- 04 2 77 j NOW, THEREFORE, the Developer hereby covenants,bargains and agrees for itself, its successors and assigns as follows: I. DEFINITIONS. A. "Developer" - Rich Lepper Construction, Inc., its successors or assigns. B. "First Addition" - First Addition, Copper Cove Subdivision, Story County, Iowa, (consisting of Lots One(1), Two (2) and Outlot "Z"). C. "Second Addition" - Second Addition, Copper Cove Subdivision, Story County, Iowa, (a proposed subdivision, not yet of record, lying adjacent to First Addition and to Lots Seven (7), Eight(8) and Nine(9) of the Plat of Survey hereinafter defined or consisting of Lots One (1), Two (2) and Three (3) of said Second Addition). D. "PIat of Survey" -The Auditor's Plat of the Southeast Quarter(SE 1/4) of the Southwest Quarter(SW 1/4) of Section Twenty-three(23), Township Eighty-four(84) North, Range Twenty-four(24) West of the Fifth P.M., Story County, Iowa, filed in the office of the Recorder of Story County, Iowa, on December 22, 1875, recorded in Plat Book 1, Page 580, said Plat: y of Survey of the Auditor's Plat having been filed in the office of the Recorder of Story County, Iowa, on March 22, 2000, as Instrument No. 00-02936, Slide 61, Page 5. 2 00 - 042 77 E. "Association" - Copper Cove Homeowners Association, an Iowa non- profit corporation, the members of which are every person or entity who is a record owner of the fee simple title to any lot within First Addition, Second Addition and the Lots.within the Plat of Survey, including contract vendees. F. "Entire Development" - First Addition, Second Addition and Lots Seven (7), Eight(8) and Nine (9) of the Plat of Survey, the entire development being comprised of a total of eight(8) lots. 2. RESIDENTIAL USE. All lots shall be known, described and used solely as single-family residential lots and in compliance with the provisions of this instrument. A. For the purposes herein, a "single-family dwelling" shall be defined as a building designed for or occupied exclusively by one family. B. No trailer, basement, tent, shack, garage, barn or other outbuilding or structure of any temporary character shall be used on any lot at any time as, a residence, either temporarily or permanently. C. No obnoxious or offensive trade shall be carried out upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to adjacent properties. 3 00 - 04277 D. No lot shall be subdivided or split for the purpose of constructing more than one(1) residence on each lot. E. No full-time public business activity shall be conducted upon any lot, nor in any dwelling, outbuilding, or accessory structure, excepting, however, a home office business or similar enterprise that does not require outside employees or regular public access or traffic to the lot, shall be permitted. F. No outdoor storage of supplies, materials or other components used for any business.enterprises or hobbies shall be allowed unless the same are screened from view by the public and from adjacent lot owners. G. No pre-erected dwelling shall be moved or placed upon any lot. 3. DWELLING SPECIFICATIONS. A. One-story residences shall have aground floor finished area of not less than 1,800 square feet. B. Two-story residences and one and one-half story residences or split-level residences shall have ground floor finished area of not less than 1,100 square feet and a total finished area on the ground floor and the second floor of not less than 2,200 square feet. C. The minimum square foot areas as set forth herein are exclusive of porches, breezeways and garages. 4 00 - 04 2 77 D. The minimum garage area shall be 600 square feet and the maximum garage area shall be no more than necessary to accommodate six (6) passenger motor vehicles on the ground level, however, no more than four (4) garage stalls may face the commonly viewed "front" of the home. A lot owner may, however, have a below-ground workshop or storage area in addition to the garage structure. E. No Jot owner may have more than two (2) outbuildings situated upon a lot. Any outbuilding shall not exceed 1,100 square feet of floor space and a maximum wall height of twelve(12) feet. The total combined area of any two (2) outbuildings shall not exceed 1,500 square feet. All outbuildings shall be designed to have an exterior design in style that is coordinated with and harmonious with the principal dwelling structure. No sheet'steel siding or roofing products are permitted. F. No building, residence, fence, wall or any other structure shall be commenced, erected or maintained upon any lot, nor shall any exterior addition to or change or alteration thereof be made until the plans, specifications and grade elevations therefor have been submitted to and approved in writing by the Developer. However, after all lots within the entire development have been conveyed by deed from the Developer,,an 5 00 -- 04277 Architectural Control Committee.shall be established to be comprised of three (3) lot owners within the entire development to be elected at the annual meeting of Association. The primary guidelines for approval are that the plans, specifications and grade elevations reflect harmony of external design and location in relation-to surrounding structures and to topography and drainage patterns. In the event that the Developer, or the Architectural Control Committee, shall fail to approve or disapprove submitted designs within thirty (30) days after such Plans and Specifications have been submitted to it, approval shall not be required and this restriction will be deemed to have been frilly complied with. G. No concrete block, poured concrete or wood foundation shall be exposed above grade on any building unless such exposed material is painted or covered with brick, stone veneer or siding. H. All building structures or improvements of any nature must be completed within eighteen(18) months of the commencement date of construction. 1. All buildings and improvements constructed upon lots shall be constructed under the direct supervision of a recognized builder or contractor. 6 00 - 042 77 J. Any dog run, trash receptacle or other outside structure of like nature shall . be screened from public view and from view of adjacent lot owners by shrubbery or a decorated fence or both. K. The installation of a swimming pool and/or a tennis court is permitted, but shall be subject to the approval by the Developer or the Architectural Control Committee of the Association. No above-ground swimming pool, nor any non-permanent swimming pool is perniitted. A swimming pool must be completely surrounded by a locked, non-climbable fence six (6) feet in height. With respect to a tennis court or courts, a chain-link fence, not to exceed twelve(12) feet in height is permitted, provided that it is covered with a disguising netting or lacing and is screened to the public. With the exception of a chain-link or wire fencing surrounding a tennis court, no chain-link fence or wire fencing shall be pennitted, except in. dimensions less than fifty(50) lineal feet and only if screened from public view. Any fences in front yard areas (or side yard areas with respect to corner lots) must not exceed four(4) feet in height. 4. VEHICLES. No commercial vehicles, trucks or enclosed commercial vehicles trailers exceeding a gross vehicle weight of 13,000 pounds or ten (10) feet in height shall be stored or parked upon any lot, nor shall any vehicle bearing a company logo or sign be 7 00 - 0427.7 i stored or parked upon any lot. Campers, snow mobiles, boats, mowers, recreational equipment and all self-propelled vehicles other than operable automobiles shall be kept from view from adjoining residences and the public roadways. All such equipment or vehicles shall be licensed and operable. Not more than three (3) vehicles may be regularly parked outdoors on any lot at any one time. 5. PETS. No animals, livestock or poultry.of any kind shall be raised, bred or kept upon any lot, excepting, however, dogs, cats and other common household pets may be kept so long as they do not constitute a nuisance to other lot owners. Pets must be tethered or placed within a fenced area. No lot shall have more than two (2) adult clogs. 6. LANDSCAPING. A. All non-wooded portions of any lot shall be landscaped, seeded or sodded with a cover plant or grass so as to deter weed growth. Prairie grass may be used, but shall not be pennitted to grow more than thirty-six (36) inches in height. B. During the construction of any structure, any disturbed areas of an erosive nature shall utilize conventional erosion control practices. Upon completion of final grading all disturbed areas shall be reseeded or sodded. C. In addition to the seeding requirements, the owner of any lot shall expend not less than $2,000.00 for additional landscaping which shall be s 00 - 042 77 completed within one(1) year from the date of occupancy of the principal structure on the lot. 7. TOWERS-ANTENNAS. No extension towers or antennas of any kind shall be constructed, modified or permitted upon any lot, excepting, however, television or radio antennas of less than ten (10) feet in height shall be permitted,but shall only be placed in such a manner as to not be observable by the public. 8. DRIVEWAYS. All driveways must be hard-surfaced with concrete or bituminous asphalt within one(1) year of occupancy of any dwelling. Each residence shall have at least one(1) masonry monument at the entrance to the driveway displaying the address and containing postal and newspaper boxes or containers. 9. POND. There is situated upon lot One(1) of First Addition a pond for the use and benefit of all lot owners of the entire development and all such lot owners are hereby granted the right to the use and enjoyment of the pond and are further granted a pennanent easement for access to the pond such easement area to be that area lying Southerly of the line intersecting said Lot One(1) in a generally east-west direction as shown on the final plat of First Addition. That portion of said Lot One (1) of First Addition, lying southerly of the pond may be used by members of the Association for recreational purposes. 10. ACCESS AND ROAD EASEMENTS. 9 00 - 04277 A. A permanent easement for ingress and egress, is hereby granted and created on, over and across those portions of Lots One(1) and Two (2), First Addition, and on, over and across those portions of Lots Seven(7) and Nine (9) of the Plat of Survey, all as shown on the final plat of the First Addition and on the Plat of Survey and designated thereon as "Copperstone Drive" for the benefit of all lot owners of the entire Development. B. A permanent, exclusive easement for the use and benefit of the owner or owners of Lot Eight(8) of the Plat of Survey is hereby granted and established over, upon and across that part of Lot Seven (7) of the Plat of Survey lying easterly of the line shown on the Plat of Survey and running generally in a north-south direction. C. A permanent, exclusive easement for the use, benefit and enjoyment of the owner or owners of Lot Eight(8) of the Plat of Survey is hereby granted and established on that part of Lot Seven (7) of the Plat of Survey lying easterly of the line shown on the Plat of Survey and running generally in a north-south direction. The owner or owners of said Lot Eight(8) shall be responsible for the care and maintenance of that portion of said Lot Seven (7) lying easterly of said line as designated on the Plat of Survey. No io 00 -- 04 2 77 construction or improvements, excepting, however, for driveway purposes, may be established upon the easement area created by this paragraph. D. All lots must use Copperstone Drive as the principal access to the lots. Lot Two (2) of First Addition, has direct access to Riverside Road, but this direct access shall not be used as the primary access to and from said Lot Two (2) and only may be used as a private service entrance. 12. FOREST RESERVATION AREAS. That part o f Lot Eight(8) of the Plat of Survey lying westerly of the Northeasterly-Southwesterly line shown on the Plat of Survey shall remain a pennanent forest reservation area and shall be subject to the provisions of Chapter 427C,The Code of Iowa. No structures shall be erected or placed upon that portion of said-Lot Eight(8) subject to the forest reservation area. 13. EASEMENT FOR BOUNDARY FENCE. The northerly five(5) feet of Lots One (1) and Two (2) of First Addition, are subject to a permanent easement for a boundary fence to be constructed by the Developer and subsequently to be maintained by the Association. 14. EASEMENT FOR ENTRY MONUMENTS. A perpetual easement is hereby granted over the northwesterly portion of Lot One(1) of First Addition, as shown on the Final Plat of First Addition, for the erection of monuments at the entry of the entire development. 15. WELL. There is an existing well on Lot One(1) of First Addition, the location of which and the easement for access thereto are noted on the Final Plat of First . 11 00 -- 04277 Addition. The well is for the benefit of all members of the Association and may be used for , irrigation purposes, to furnish water to the pond, if necessary, and for such other purposes as the Association may detennine. 16. UTILITY EASEMENTS. Perpetual easements are hereby granted unto All iant Energy and Central Iowa Water Association and to other public utilities, all as shown on the Final Plats. 17. HOMEOWNERS' ASSOCIATION RESPONSIBILITIES. The Copper Cove Homeowners' Association, of which each lot owner shall be a member, shall be responsible for maintenance of roads within the subdivision, including the shoulder and grass right-of-way area, street lights, landscaping,brickwork and fencing, the front entrance gateway to the subdivision, and the irrigation system and well to supply the irrigation system. The Association shall also be responsible for the right-of-way area adjacent to Riverside Road and fencing on the entire Riverside Road frontage, the pond, auxiliary water supply system, dam overflow and control methods, picnic area and south shore landscaping and aerators and circulating pumps. In addition, the Association shall be responsible for the payment of all costs ! to operate the operations for which the Association is responsible. 18. VIOLATIONS. In the event of the violation of any of these Covenants, Conditions an Restrictions, any person or entity then owning a lot within the subdivision is authorized to resort to an action at law or in equity for relief, either by injunction or in damages, 12 00. _ 04277 e against the person,persons or entity violating these provisions, or for specific perfonnance in complying with said Covenants, Conditions and Restrictions. 19. INVALIDATION. The invalidation of any one or more of these provisions by Judgment or Order of Court, shall not affect other provisions which shall remain in full force and effect. 20. AMENDMENTS. This instrument may be amended by a written instrument eligible for recording and executed by the owners of at least five(5) lots within the entire development. Any Amendment to this instrument must be filed for record in the office of the Recorder of Story County, Iowa. For the purpose of this instrument and for the purpose of the Covenants, Conditions and Restrictions, 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. 21. DURATION OF PROVISIONS. The provisions of this instrument shall run with and be binding upon the land embraced herein for a period of twenty-one (21) years from the date of the filing of this instrument in the office of the Recorder of Story County, Iowa. 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 five(5) lots within the entire development filing a Verified Claim in the office of the Recorder of Story County, Iowa, within the initial twenty-one (21) year period. 13 00 - 04277 r � Dated this ` -� day of , 2000. RICH LEPPER CONSTRUCTION INC. By. 6 Pichard A. Lepper, President By: Marlakay J. Lep er, Secretary STATE OF IOWA, COUNTY OF STORY, ss. On this day of N (d , 2000,before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Richard A. Lepper and Marlakay J. Lepper, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of the corporation executing the within and.foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf,of the corporation by authority of its Board of Directors; and that Richard A. Lepper and Marlakay J. Lepper, as officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily executed. Notary Public in and for the t1ate of Iowa Printed Signature of Nota Public 14 00 - n 4 2 77