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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 FJF•9710071355 Page 1 of 2 C� _ 11159 r V 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 FJF•9710071355 11159 1 S�