HomeMy WebLinkAboutA006 - Restrictive Covenants dated December 17, 1999 Prepared by: Donald Payer, 535 Main, Ames, IA 50010, telephone: 515-232-4115
RESTRICTIVE COVENANTS
WHEREAS, the undersigned is the owner in fee simple of real estate continued in
Country Gables Tenth 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 all of Lots 1 through 11 inclusive, are to be used solely for single family
residential purposes.
2. The following provisions shall apply to all lots in said Country Gables Tenth
Addition, Ames, Iowa:
(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 aboveground floor area of not less than 1,400 square feet. Any area
below ground level shall not be counted in said 1,400 square feet.
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(e) Any 1 '/2 story residence shall have a finished construction ground floor area
of not less than 950 square feet on ground floor and not less than 600 square feet on
any second floor area.
(f) Any two story residence shall have a finished construction ground floor area of
not less than 900 square feet and a finished construction second floor area of not less
than 900 square feet. Total finished area on both first and second story shall not be less
than 1,800 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. A tool shed or outside storage building structure shall be of similar
design and color as the residence which it is located on the same lot.
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 on 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
properly screened by shrubbery or by a decorative fence, or both. A fenced in back yard
shall not be considered a dog run. All building structures or improvements of any kind
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must be completed within twelve (12) months of the commencement date of the
construction.
8. No recreational vehicles, boats, trailers or junked cars shall be parked on a
lot longer than 48 hours unless it is enclosed in a garage.
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 or 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 install a mail box and post to be furnished by Frank
Schill and Sons, Inc., at no charge, 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. No owner shall provide his own post.
(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.
(c) In addition to the sod requirement in (b), the owner of the lot shall spend the
sum of $1,000.00 for additional landscaping, bushes, trees and other shrubs to make up
at least $1,000.00, and which shall include at least two — 2" caliber trees, all to be
completed within twenty-four (24) months of commencement of construction of
residence.
13. All single family residences must have a minimum of one double garage of
not less than twenty (20) feet in width.
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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, 2020, 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.
15. That in case of 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 Tenth Addition, 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 proved 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
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1999 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
terms for all lots and common area in Country Gables Tenth Addition to Ames, Iowa,
from and after the expiration of the current twenty-one (21) year term in that particular
addition.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set their hand and same be done on this �'7 day of
FRANK SCHILL AND SONS,, INC.
ByizGGl � � '
Fra . Schill, President
By
Ja E. Schill, Secretary
STATE OF IOWA )
) ss.
COUNTY OF STORY )
On this day of , before me, the undersigned, a
Notary Public in and for the Stede 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 instru "ant to be the vol ntary nd
deed of said corporation, by it and by them voluntarily a uted.
uuNIL
NOTARY PUBLIC — STATE IOWA
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