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HomeMy WebLinkAboutA006 - Covenants, Conditions, Restrictions and Easements dated June 23, 2000 Document Prepared By: Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 COVENANTS, CONDITIONS,RESTRICTIONS AND EASEMENTS SECOND ADDITION, COPPER COVE SUBDIVISION, STORY COUNTY,IOWA WHEREAS, RICH LEPPER CONSTRUCTION, INC., an Iowa corporation ("Developer"), is the owner of all lots situated within SECOND ADDITION, COPPER COVE SUBDIVISION, STORY COUNTY,IOWA, and WHEREAS,for its own protection and for the benefit of subsequent owners of said real estate, and other adjacent property subject to the provisions of this Instrument,the Developer desires to restrict the use thereof in certain particulars, NOW,THEREFORE,the Developer hereby covenants,bargains and agrees for itself, its successors and assigns as follows: 1. DEFINITIONS. A. "Developer" - Rich Lepper Construction, Inc., its successors or assigns. B. "Entire Development" - First Addition, Copper Cove Subdivision, Story County,Iowa,(consisting of Lots One(1),Two (2)and Outlot"Z");.Second Addition,Copper Cove Subdivision,Story County,Iowa;and Lots Seven(7), Eight(8)and Nine(9)of the Auditor's Plat of the Southeast Quarter(SE '/4) of Section Twenty-three (23), Township Eighty-four (84) North, Range Twenty-four (24) West of the Fifth P.M., Story County, Iowa, filed in the 00 _ 078 :.8_ C� � 0 office of the Recorder of Story County, Iowa, on December 22, 1875, recorded in Plat Book 1,Page 580, said Plat of Survey of the Auditor's Plat having been filed in the office of the Recorder of Story County, Iowa, on March 22, 2000, as Instrument No. 00-02936, Slide 61, Page 5. C. "Association"- Copper Cove Homeowners Association,an Iowa non-profit corporation,the members of which are every person or entity who is a record owner of the fee simple title to any lot within First Addition, Second Addition and the Lots within the Plat of Survey,including contract vendees. 2. ACCESS AND ROAD EASEMENTS. A. A permanent easement for ingress and egress, is hereby granted and created on, over and across those portions of Lots One (1), Two (2) and Three (3) Second Addition, Copper Cove Subdivision, Story County, Iowa, all as shown on the final plat of said Second Addition for the benefit of all lot owners within the entire Development. B. A permanent easement for ingress and egress is hereby granted and created on, over, and across those portions of Lot Three (3), Second Addition, Copper Cove Subdivision,Story County,Iowa,as shown in the Final Plat of First Addition, Copper Cove Subdivision, Story County, Iowa, and on the Final Plat of Second Addition, Copper Cove Subdivision, Story County, Iowa. 2 00 - 07808 �5 3. EASEMENT FOR BOUNDARY FENCE. The northerly five (5) feet of Lots One(1),Two (2)and Three(3)are subject to a permanent easement for a boundary fence to be constructed by the Developer and subsequently to be maintained by the Association. 4. EASEMENT FOR ENTRY MONUMENTS. A perpetual easement is hereby granted over,on and across the northeasterly portion of Lot Three(3)as shown on the Final Plat for the erection of monument at the entry of the entire development. 5. UTILITY EASEMENTS. Perpetual easements are hereby granted unto Alliant Energy and Central Iowa Water Association and to other public utilities,all as shown on the Final Plats. 6. SET BACK REQUIREMENTS. Construction of any improvements upon the Lots are subject to the set back lines as noted on the Final Plat. 7. INCORPORATION BY REFERENCE. All provisions of the Covenants, Conditions, Restrictions and Easements filed in connection with the platting of First Addition, Copper Cove Subdivision, Story County,Iowa,in the office of the Recorder of Story County,Iowa, on April 26,2000,as Instrument No.00-04277,Pages 16-29 inclusive,are hereby incorporated and made binding upon Lots One (1), Two (2) and Three (3) of Second Addition, Copper Cove Subdivision, Story County, Iowa. Dated this day of , 2000. RICH LEPPER CONSTRUCTION, INC. By: chard A. Lepper, President 3 0 0 - 0 7 8 0 8 (1(P) a a e By: Marlakay J. Lepp , Secretary STATE OF IOWA, COUNTY OF STORY, ss. � 9- r : lday of -S-VA e- 2000, before me, the On this undersigned,a Notary Public in and for the State of Iowa,personally appeared Richard A.Lepper and Marlakay J.Lepper,to me personally known,who being by me duly sworn, did say that they are the President and Secretary,respectively,of the corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Richard A. Lepper and Marlakay J.Lepper,as officers,acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. �2Ao'—K 3 ( , L - Notary Public in and for the State of Iowa FRANK 8.JOHNS TOM PAY co issIOv EXPIRES Printed Signature of Notary Public 4 00 07 8 08 17