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HomeMy WebLinkAboutA009 - Building Restrictions and Protective Covenants BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS FOR FOURTH ADDITION, COUNTRY ESTATES SUBDIVISION The undersigned Silverado Ranch Estates, Inc., an Iowa corporation, by and through its undersigned duly authorized officer and representative, (hereinafter referred to as "Grantor"), as developer of the Fourth Addition, Country Estates ("Subdivision"), does hereby establish and place the following building restrictions and protective covenants and does hereby reserve certain easements all as hereinafter specifically set forth on the following described real property: All lots in Fourth Addition, Country Estates Subdivision (except those lots designated as streets), an Official Plat, now included in and forming a part of Story County, Iowa. 1. All lots described herein shall be known, described, and used solely as residential lots, and no structures shall be erected, used or occupied on any building lot except a private single family dwelling not to exceed two stories in height and a private attached or basement attached garage for not less than two, no more than three, motor vehicles. 2. No residential lots shall be subdivided. 3. There will be one residential building per lot. All garages will be attached to or be basement attached to the residences. One outbuilding will be allowed per lot, with architectural design to coincide with the home and it must be constructed on back one-half of the property. outbuilding to be naturally screened from view of other properties. Size of outbuilding shall not be more than one-half of the foundation of the house including garage space. Outbuilding will be allowed to have propane tank for heating, but tanks must be screened from view. Any equipment or machinery which does not fit in outbuilding must be screened from neighboring properties. Horses will be allowed; one horse for each two acres of land. Any deviation from these restrictive covenants will be reviewed by a committee which includes the lot owners of Lots 1, 5, and 6 of the Fourth Addition. 4. No trailers, tent trailers, unlicensed vehicles, motor homes, and/or manufactured homes (as defined in the Iowa Code), recreation vehicles, boats and/or trailers, shall be used as a residence, temporarily or permanently, nor shall the owners of any lots park or permit to park any such personal property and vehicles on any lots, nor shall a business of any kind be conducted in any residence or on any lot. Provided, however, a business operated out of a residence shall be permitted so long as it is done wholly within the residence, it will not cause increased traffic or congestion within the subdivision, and there will be no outward indication, signs or otherwise, indicating such business enterprise. Nothing herein shall prevent an owner from storing, housing or maintaining one or more of the above items on the property for no more than three days per month, nor prevent an owner from permanently storing or housing one or more of the above mentioned items providing that such item is completely enclosed from view in a garage. 5. No building or structure shall be constructed, altered, or maintained on any lot unless it has a driveway running from a street to a dwelling, which must be of sufficient area to park at least two cars entirely off the street. All driveways shall be constructed of concrete or bituminous surfacing for a minimum of 300 feet from road. 6. Prior to altering of or construction on any lot, a site plan, building plans and names of architects, contractors and subcontractors, plans of the proposed structure including paving, fencing, wails, and other improvements and their location on the site shall be submitted to Grantor or his attorney-in-fact or successor in interest who shall have the right to approve or reject any of same. No dwelling shall be permitted on any lot having a ground floor square foot living area of less than 1600 square feet in the case of a one-story structure, no less than 1300 square feet in the case of a one and one-half or two-story structure. Split level dwellings must have not less than 1600 square feet of finished area directly under the roof. Garages, breezeways, porches, and decks shall not be considered in computing floor area. Drives into all lots shall be from the street. No hedges, trees, or other shrubbery shall be planted on any lot nor permitted at a height which will interfere with clearance and visibility for traffic on the streets in the subdivision. No more than 12 inches of concrete or wood foundation shall be exposed on any building unless painted or covered with brick, stone, veneer, or siding. 7. Each lot owner will be responsible to submit a site plan showing existing topography, the general location of existing trees, all proposed site improvements, building floor plans and architectural elevations of all sides of the proposed structure. S. The titleholder of each lot, vacant or improved, shall keep his lot free of weeds and debris and agrees to take all steps necessary to control erosion on his lot. All lot owners shall be responsible for implementing appropriate erosion control measures before, during, and after construction. Such measures may include temporary sedimentation areas, silt fences, and ground cover, planting and seeding to cover all exposed areas and prevent erosion, If in the opinion of Grantor, its attorney-in-fact or successor in interest, such erosion is not properly controlled, corrective action may be taken and the costs thereof assessed against the property owner. 9. No noxious or offensive trades shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. No lot shall be used or maintained as a dumping ground for rubbish or debris of any kind. 10. Construction of any residence shall be completed within one year of the date said construction is begun, and excess dirt from the evacuation shall be hauled away or used only as a part of a graded landscape plan. 11. No fences shall be erected on any lot without the consent of Grantor or its attorney-in-fact or successor in interest. Chain link fences for small pets or tennis courts will be considered but must be approved and shall be properly screened by reasonable shrubbery or decorative fence or both. 12. All residential structures shall comply with the provisions of the county ordinances as they apply to setbacks from front, rear, and sides of lots. No variances will be allowed for exceptions to these setbacks, which are considered minimums. Each lot owner shall be responsible for their own septic system which shall comply with county sanitation regulations. 13. Titleholder of each lot agrees to restrain and keep from tanning at large all dogs and cats, and no dogs or other pets shall be bred or maintained for commercial purposes. No animals, livestock or poultry of any kind shall be raised, bred or. kept on any lot except dogs and cats _ z _ g�• 0t)5i9 (ZS) and other common household pets, and except as referenced in paragraph three above. In no event shall more than two dogs and/or cats be maintained on any one lot at any one time. 14. Should titleholder install a satellite dish, it will be so located to not be visible to other lot owners or from the Subdivision's streets. Only reasonable television or radio antennas are permitted on dwellings or garages. 15. "Full-cutoff" outdoor lighting fixtures, where no light is emitted at or above the horizontal plane of the fixture, shall be required for dusk to dawn light fixtures that exceed 300 Iumens. Manually switched or occupancy sensor switched light fixtures that exceed 1000 lumens shall be full-cutoff fixtures. Christmas lighting or other temporary outdoor lighting is exempted from these requirements. All outdoor light fixtures shall be designed, installed and maintained to prevent light trespass beyond the boundaries of the lot. lb. All titleholders shall connect to the public water supply, which is to be provided by the Rural Water Association, and to natural gas. 17. The Grantor or its attorney-in-fact or successor in interest shall be responsible to set, and each lot owner shall pay an equal prorata share of, the cost of maintenance, repair, and snow removal of the streets within the Subdivision as well as the drainage systems, including maintenance of the common open land within the Subdivision, if any. 18. Each titleholder shall be responsible for any costs in connection with the installation and carrying of natural gas, rural water, telephone and electrical service and other utilities from the mains installed by Grantor to their individual residences. Each titleholder shall extend such service into his property at his own expense. 19. The common open space land, if any, set out in this Subdivision as such is for the specific purpose of aiding in a planned beautification and recreation program for all of Subdivision. Upon the sale of all lots in the Subdivision by Grantor, Grantor, its attorney in fact or successor in interest shall assign the beneficial interest in said easements and property to the homeowners association and by so doing, the benefits and obligations thereof shall inure to the lot owners of this Subdivision. 20. A homeowners association will be formed following the sale of all lots in the Subdivision, at which time the homeowners association will be responsible for all reviews and approvals as stated herein. Ownership of a lot within the Subdivision shall entitle each such owner to membership in the homeowners association, with each lot entitled to one (1) vote on matters and actions within the scope and beneficial interest of the homeowners association. The term "homeowners association" as used herein shall include any and all homeowner associations arising for any and all subdivisions subsequently platted, and may include any and all homeowner associations arising for any and all subdivisions previously platted, by the Grantor and/or James R. Crotty and which are located within Section 13, Township 84 North, Range 24 West of the Sth P.M., Story County, Iowa. Such homeowners association and such subsequent and previous homeowners associations shall be considered one homeowners association, though the building restrictions and protective covenants for each such subdivision shall apply separately only to such subdivision. - 3 - 21. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under them until July 1, 2014, at which time such covenants shall be automatically extended for a successive period of 10 years unless, by a vote of the majority of the then owners of the lots in the Subdivision, it is agreed to change the said covenants in whole or in part. 22. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein stated before said restrictions shall expire, it shall be lawful for any other person or persons owning any other lots in said Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent said person from doing so or to recover damages or other relief for such violation. 23. Should the Subdivision contain easements as shown on the recorded plat thereof, or restrictions and requirements exist such as referenced in paragraph 24 below, the owner or occupant of a lot shall, at his own expense, comply with such restrictions and requirements and keep and preserve that portion of the easement within his property in good repair and condition and shall neither erect nor permit erection of any building, structure, or fence of any kind within the easement which might interfere in any way with the use of such easement. 24. A prehistoric burial mound, located on Lot 6 of the Fourth Addition, described as: Commencing at the Southwest Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), Section 13, Township 84 North, Range 24 West, thence South 383.3 feet, thence west 22.5 feet to the center of a 30 foot diameter circle defined as the burial mound, shall be protected from any reshaping, reforming or building within an established 25-foot buffer zone around the approximate 30-foot diameter mound. The buffer zone is to be fenced during construction of any residence or outbuilding on Lot 6, and protected from any site grading, erosion or access by any vehicles or construction equipment. Other than seeding to stabilize the area after construction, the mound and buffer zone are to remain in their natural condition. No alteration of the ground plane or installation of any landscape material is allowed. No structures or equipment of any sort may be built or placed within the boundaries of the buffer zone. 25. Invalidation of any one of these building restrictions or protective covenants by judgment or a court order shall in no way affect any other provisions hereof, which shall remain in full force and effect. The above and foregoing building restrictions and protective covenants and provisions for easements are for the mutual benefit of all persons who shall acquire any lot in the Subdivision and are imposed by the undersigned Grantor, owner of all the lots in said Subdivision. / IN WITNESS WHEREOF, I have hereunto set my hand at Story County, Iowa, this 3�! day of 1 cF n t�r�L�, 1996. - 4 - 9`�- 045i9 (30) SIGVERADO RANCH ESTATES, INC. James R. Crotty, President an Secretary STATE OF IOWA ) ss: STORY COUNTY ) On this 3& I day of 1991A before me the undersigned, a Notary Public in and for said State, personally a pZaTe�des . Crotty, to me personally known, who being by me duly sworn did say that he is the president and secretary of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that James R. Crotty acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of himself, by it, by him and as president and secretary voluntarily executed. 6 .4-tzt;;� o GAM A.NORTOM s Mr Mi K�iaa ,1 q Notary Pub pc in and for the State of Iowa I:1374%SIL V El1FOURTH6CO V EMAM3