HomeMy WebLinkAboutA008 - Restrictive Covenants dated December 19, 1986 i
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RESTRICTIVE COVENANTS
i� WHEREAS, the undersigned is the owner in fee simple of real estate
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�Icontained in Country Gables Seventh Addition to Ames, Iowa, and
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WHEREAS, for their own protection and for the benefit of subsequent
�jowners of the lots within the said subdivision, said owner desires to restrict
�the use thereof in certain particulars.
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ji NOW, THEREFORE, the parties hereto, in consideration of the covenants
;land agreements of each other, by these presents covenant, bargain and agree and
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11for their successors and assigns, as follows:
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1. That Lots 1, 2, 7, 8, 9, 10, 11, 12, 13, 18, 19, 20 and 21 may be
;!used. for two-family duplex residential purposes or single family residential
'!purposes, and the rest of the lots, Lots 3, 4, 5, 6, 14, 15, 16 and 17 shall be
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I;used solely for single family residential only purposes. .
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2. Buildings constructed upon the above tract shall be attractively
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jjbuilt and conform to mconstruction
ethods of good building and shall be of new
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:only, and shall comply with the following requirements:
(a) Driveways shall be all concrete and not gravel.
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(b) All exterior construction must be completed within
twelve months after commencing excavation of basement or
footings.
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3. That no trailer, basement, tent, shack, garage, barn or other
ioutbuildings 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.
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4. That the rear five (5) feet of each lot within the subdivision
;;shall be subject to surface drainage and other utility easements.
5. That no obnoxious or offensive trade shall be carried upon any I
!',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
!1building lots, but any lot may be divided to enlarge an existing lot.
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7. That all restrictions shall be deemed to be covenants running with
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jthe land and shall endure and be binding upon the parties hereto, their
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!successors or assigns, until January 1, 2006, at which time the said covenants
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I� shall be autanatically 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
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change the said covenants in whole or in part.
�! 8. 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 ,
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J isspecifically authorized to resort to an action at law or equity for relief
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if either by injunction or in damages, against the person so violating said
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covenants.
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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.
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I� 10. That Frank Schill and Sons, Inc. , as owners and developers of 1
l Country Gables Seventh Addition to Ames, Iowa, or their successors in interest
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'i 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
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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
I' owners and developers as provided herein.
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�I 11. The owner of any one lot is empowered and authorized to file a
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verified claim with the Story County Recorder, Nevada, Iowa, at any time prior
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it to the expiration of the current twenty-one (21) year term during which the
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covenants and restrictions are in force pursuant to the procedure, form and
Pmanner as required by Section 614.24 of the 1985 Code of Iowa. The filing of j
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 can area in Country Gables Seventh Addition to Ames, Iowa, from and
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of ter the expiration of the current 21 year term in that particular addition.
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The covenants and restrictions may be extended thereafter for any number of
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� -additional 21 year period from and after the expiration of the current21 year
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period b following the same
jl p y g procedure of filing a verified claim pursuant to j
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Section 614.24 during the 21 year period then in existence.
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IN WITNESS WHEREOF, the undersigned, being the Declarant h rein, has
hereunto set their hand and same be done on this day of
1986.
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FRANK SCHILL AND SONS, INC.
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Frank . Schill President
By:
ii Janf E. Schill Secretary
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STATE OF IOWA, COUNTY OF S/TORY, ss:
(! On this _ day of � � , 1986, 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 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 a nowledged the
execution of said instrument to be the oluntary a a eed of said
corporation, by it and by them voluntaril xecut d
DONALD R.PAYER OTARY PUBLIC - Sta of Iowa
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