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Home My WebLink AboutA005 - Restrictive Covenants dated November 23, 1992 RESTRICTIVE COVENANTS WHEREAS, the undersigned is the owner in fee simple of real estate contained in Country Gables Fifth Addition to Ames, Iowa, and WHEREAS, for their own protection and for the benefit of subsequent owners of the lots within the said subdivision, said owner desires to restrict the use thereof in certain particulars. NOW, THEREFORE, the parties hereto, in consideration of the covenants and agreements of each other, by these present covenant, bargain and agree and for their successors and assigns, as follows: 1. That Lots 1 and 12 may be used for two-family duplex residential purposes or single family residential purposes, and the rest of the lots, Lots 2, 3, 4, 5, 6, 71 8, 9, 10 and 11 shall be used solely for single family residential only purposes. 2. The provisions of Paragraph 2 shall apply to single family dwellings only. (a) Buildings constructed upon the above tract shall be attractively built and conform to methods of good building and shall be of new construction only, and shall comply with the following requirements: (b) Driveways shall be all concrete and not gravel, brick or blacktop. (c) All exterior construction must be completed within twelve (12) months after commencing excavation of basement or footings. (d) Any one story or split foyer entry residence shall have a finished construction ground floor or above ground floor area of not less than 1,200 square feet. Any area below ground level shall not be counted in said 1,200 square feet. BOOK 9-5 PAGE I a y (e) Any 1 1/2 story residences shall have a finished construction ground floor area of not less than 850 square feet on ground floor and not less than 500 square feet on any second floor area. (f) Any two story residences shall have a finished construction ground floor area of not less than 750 square feet and a finished construction second floor area of not less than 750 square feet. (g) Computation of the floor area shall not include porches, decks, breezeways or garages. 3. That no trailer, mobile home, modular home, basement, tent, shack, garage, barn or other outbuildings erected on said lots shall at any time be used as a residence either temporarily or permanently nor shall residences of a temporary character be permitted. Pre-erected or pre-fabricated walls for residences shall be allowed to be erected on any lot. 4. That the rear five (5) feet of each lot within the subdivision shall be subject to surface drainage and other utility 1 easements. 5. That no obnoxious or offensive trade shall be carried upon any lot, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. 6. That no residential lot shall be subdivided into additional building lots, having less than 6,000 square feet, but any lot may be divided to enlarge an existing lot. 7. Any dog run, trash receptacle, tool shed or other outside structure shall be 'screened by shrubbery or by a decorated fence, - or both. A fenced in back yard shall not be considered as a dog run. 8. No recreational vehicles or boats shall be parked on a lot longer than 48 hours unless it is enclosed in a garage. PAGE C5 i 3 9. No rubbish containers shall be visible from the street except on pick up day. 10. No extension towers, television or radio antennas of more than ten (10) feet from ground level and six (6) feet from roof level will be permitted. 11. No animals, livestock or poultry of any kind shall be raised, bred or kept except that dogs, cats or other common household pets will be allowed. Owner of one lot may not own more than two dogs. Dogs must be restrained, fenced or kept in a dog run. 12. The following shall be required of all residences constructed in the subdivision: (a) Each lot owner shall provide and install a mail box and post which must be built and installed in conformance with the design approved by Frank Schill and Sons, Inc. so that it matches the design of all other posts and mail boxes in the subdivision. Said post and mail box shall conform to the U.S. Postal requirements. (b) The contractor or owner must sod all of the front yard and not less than ten (10) feet for side and rear yard to be in place within nine (9) months of occupancy. 13. All single family residences must have a double garage of not less than eighteen (18) feet in width. 14. That all 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, until January 1, 2012, at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless if by vote of the majority of the then owners of the lots it is agreed to change the said covenants in whole or in part. 95 PAGE 0 r 4 15. That in case of any violation of the said covenants, any person then owning a lot in said subdivision, or the City of Ames, Iowa, is specifically authorized to resort to any action at law or equity for relief either by injunction or in damages, against the person so violating said covenants. 16. 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. 17. That Frank Schill and Sons, Inc. , as owners and developers of Country Gables Fifth Addition to Ames, Iowa, or their successors in interest shall approve all plans prior to construction in reference to architectural character and design and a full set of plans will be provided to Frank Schill and Sons, Inc. or their successors in interest. A sale of an individual lot or lots to another person by the owner and developer who in turn sells to another person before building thereon must still obtain approval of the owners and developers as provided herein. 18. The owner of any one lot is empowered and authorized to file a verified claim with the Story County Recorder, Nevada, Iowa, at any time prior to the expiration of the current twenty-one (21) year term during which-the covenants and restrictions are in force pursuant to the procedure, form and manner as required by Section 614.24 of the 1991 Code of Iowa. The filing of such verified claim by any one lot owner shall cause the said covenants and restrictions to be extended for an additional twenty-one (21) year term for all lots and common area in Country Gables Fifth Addition 5 to Ames, Iowa, from and after the expiration of the current 21 year term- in that particular addition: The covenants and restrictions .may be extended thereafter for any number of additional 21 year .period from 'and' after the expiration of the current 21 year period by following the same procedure of filing a verified claim pursuant to Section 614.24 during the 21 year period then in existence. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set their hand and same be done on this day'of , 1992. FRANK SCHILL AND SONS, INC. By Fr a A. Sc ill, President By Ja E. Sc ill, Secretary STATE OF IOWA ) ss. COUNTY OF STORY) On this a ^`day of 0/V �2 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared FRANK A. SCHILL and JANE E. SCHILL, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument and that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said FRANK A. SCHILL and JANE E. SCHILL as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corpo ion, by it and -by them voluntarily executed. —' NOTARY PUBLI - S OF IOWA F `S DDRAlD R.PAYER L-VA, ! �PAGE