HomeMy WebLinkAboutA007 - Restrictive Covenants dated October 8, 1997 SPACE ABOVE RESERVED - RECORDER
RETURN TO/PREPARED BY: Franklin J.Feilmeyer,P.O.Box 270,Ames,IA 50010(Tel: 515-239-5000)
RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the sole lawful owners in fee simple of real estate situated in
Story County,Iowa,described as follows:
Lot 11 and Outlot Z,First Addition,Dauntless Subdivision,Ames,Iowa;
WHEREAS,a house is presently located on the lot line between said Lot 11 and Outlot Z and lies
partly upon each, and if Lot 11 and Outlot Z were conveyed to or held by different owners, the house,be-
ing located on a lot line,would not conform to the zoning ordinance of the City of Ames;
WHEREAS,the undersigned, in compliance with the conditions for approval of the City Council
of the City of Ames of the final plat of First Addition, Dauntless Subdivision, Ames, Iowa, and for their
protection and for the benefit of subsequent owners of said real estate, desire to restrict the use thereof in
certain particulars;
NOW, THEREFORE, the undersigned hereby covenant, bargain and agree for themselves and
their successors and assigns that said real estate and the use thereof shall be subject to the following cove-
nants,conditions,and restrictions:
In the event that the record title holder as shown by the records of the Auditor of Story County of
Lot 11 and of Outlot Z are no longer identical,the house existing on the lot line between said lots shall be
removed. The removal shall take place within thirty days of the date of the conveyance first severing
ownership. It is not a violation of these covenants if Outlot Z is subsequently replatted and a part of Out-
lot Z is resold,provided the owner of Lot 11 and the owner of the resulting lot within the replatted Outlot
Z underlying the house are one in the same. In the event that the house is removed,these covenants shall
thereafter be void.
The aforesaid covenants, conditions, and restrictions shall operate as covenants running with the
land for the benefit of any and all persons who may now or hereafter own any part of the real estate de-
scribed above; and any of such persons and the City of Ames, Iowa, shall have the right to enforce these
covenants, conditions, and restrictions through all available proceedings at law or in equity against the
person or persons violating or threatening to violate same.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed this
day of October, 1997.
EVERETT W. COCHRANE O L. COCHRANE
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REsTRicTivE COvENANTS Page 2 of 2
STATE OF IOWA, COUNTY OF STORY, SS:
On this day of , 1997, before me, the undersigned, a Notary Public in
and for said State,personally appeared Everett W. Cochrane and Marjorie L. Cochrane to me known to be
the persons named in and who executed the foregoing instrument, and acknowledged that they executed
the same as their voluntary act and deed.
41+. EUZABETH A.PARKER
MY C MMI S IRES Notary is
owe
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