Loading...
HomeMy WebLinkAboutA007 - Restrictive Covenants dated March 25, 1999 SPACE ABOVE RESERVED FOR RECORDER RETURN TO/PREPARED BY: Franklin J.Feilmeyer,P.O.Box 270,Ames,IA 50010(Tel: 515-239-5000) RESTRICTIVE COVENANTS Second Addition,Dauntless Subdivision,Ames,Iowa KNOW ALL PERSONS BY THIS INSTRUMENT: For the protection of the Grantor and all suc- cessors in interest,the undersigned Grantor hereby declares that Subdivision shall be used and maintained in accordance with the following covenants and conditions: 1. DEFINITIONS. Words and phrases used in this instrument shall be construed as in the single or plural number,and as masculine,feminine or neuter gender,according to the context. As used in this instrument,the following words shall have the meanings assigned to them: 1.1. "Grantor" means Jensen Development Corporation, Ltd., which, as of the date of these Restrictive Covenants,is the Owner of all of the Lots within the Subdivision. 1.2. "Lot"means a unit of land of the Subdivision which is surveyed and platted as such and includes any portion of a Lot if an originally platted Lot is further divided or combined under common ownership with one or more other Lots. 1.3. "Owner" means the record holder of fee simple title to a lot or the holder of equitable ti- tle under record contract of sale from the record holder of fee simple title. 1.4. "Person"means and includes any human being and includes any legal association or en- tity capable of holding title to property. 1.5. "PUD" means the Planned Unit Development Plan submitted by Grantor to the City of Ames, Iowa, and approved by the City Council by resolution 98-444 dated September 8, 1998,as maybe amended. 1.6. "Structure"means anything constructed upon or erected upon or attached to the land or to something fixed to the land 1.7. "Subdivision"means the certain real property located in Story County, Iowa, and legally described as: Second Addition,Dauntless Subdivision,Ames,Iowa. 2. PURPOSE. The restrictive covenants herein are made for the purpose of promoting the orderly development and maintaining the use and quiet enjoyment of the Subdivision for the benefit of the Grantor and every present and future Owner of any part of the Subdivision. It is the further pur- pose of this instrument that the Subdivision and each part thereof shall be bound by the covenants, conditions, and restrictions described herein, which shall run with the land and shall be binding upon and inure to the benefit and protection of each Owner and successors in interest. 3. PRINCIPAL STRucruRE. The principal structure for each lot shall be a single-family residence. FJF•9903251052 9 g - 0 39 4 6 (�I r RESTRICTIVE COVENANTS OF SECOND ADDITION,DAUNTLESS SUBDIVISION Page 2 4. ACCESSORY STRUCTURES. Accessory structures designed to enhance the value and usefulness of the principal structure shall be permitted for each lot only in accordance with the following: 4.1. Antennas. No satellite dish exceeding 36 inches in diameter nor television or radio an- tenna exceeding ten feet in height shall be visible from the street or from any lot within the subdivision. 4.2. Signs No signs or other advertising, except standard real estate"for sale" signs or the Grantor's signs related to development of the subdivison,shall be displayed on any lot. 4.3. Outbuildings. Any dog run, trash receptacle, tool shed, or other outbuilding of like na- ture shall be properly screened by shrubbery or by appropriate fence or both. 4.4. Prohibited Structures. No trailer, tent, shack, barn, temporary structure, building, out- buildings, or guest house, whether intended for permanent or temporary habitation, shall be erected on any lot. 5. CONSTRUCTION. 5.1. New Construction. All dwellings shall be of new construction only. All buildings con- structed upon Lots within the Subdivision shall be constructed under the direct supervi- sion of a recognized builder or contractor. No mobile homes shall be placed upon or erected upon any lot. 5.2. Planned Unit Development. All structures and uses shall comply with the PUD. Changes to the PUD shall comply with section 49.47.4 of the Ames Municipal Code, as amended,and must also be approved in writing by Grantor or its designee. 5.3. Prerequisite. Unless and until the plans and specifications therefor, showing the nature, kind, shape, height, materials and location thereof have been approved in writing by Grantor or by an Architectural Control Committee comprised of two or more representa- tives appointed by Grantor— 5.3.1. No structure shall be placed upon a lot. 5.3.2. No alteration in the exterior appearance of a structure shall be made. 5.3.3. No variation from an approved plan shall be permitted. 5.4. Approval or Disapproval. The primary guidelines for approval are that the plans and specifications reflect harmony of external design and location in relation to surrounding structures and topography. Refusal to approve plans and specifications may be based on any ground, including purely aesthetic grounds that, in the sole discretion of Grantor, shall seem sufficient. 5.5. Inaction. If Grantor should fail to approve or disapprove of any plan or specification within thirty days, approval shall presumed, and the owner may proceed with construc- tion provided the plan or specification satisfies all other requirements of this instrument. 5.6. Effective Date. Approval shall be effective for one year from the date of approval. All structures must be completed within twelve months of the commencement date of the construction. FJF•9903251052 9 9 - 0 3 9 4 6 (/A) i RESTRICTIVE COVENANTS of SECOND ADDITION,DAUNTLESS SUBDIVISION Page 3 6. PARTY WALLS. A wall in common or"party wall"exists or may exist between the structures con- structed or to be constructed between Lots 1 and 2,Lots 3 and 4,Lots 5 and 6,Lots 7 and 8,Lots 9 and 10,Lots 11 and 12,Lots 13 and 14,Lots 15 and 16,Lots 17 and 18,Lots 19 and 20, Lots 21 and 22,Lots 23 and 24,and Lots 25 and 26. 6.1. Boundaries. A wall in common shall form a common wall between said structures and a boundary between said lots. 6.2. Easement Each such wall in common shall be a"party wall" and the respective owners shall have the right to use such party wall jointly. The grantor hereby reserves for and grants to the owner and the owner's successors and assigns an easement over, across, and under a party wall located on the lot of an adjacent owner, 6.3. Repair. If it becomes necessary or desirable to repair or rebuild the whole or any part of any party wall,the expense thereof shall be borne equally by the respective owners who shall at the time of the repair or rebuilding be using it. Any such repair or rebuilding shall be on the same location and of the same size as the original party wall and of the same or similar material and of the same quality as that used in the original party wall. 6.4. Entry for Repair. Any party who engages in construction or repair work with respect to a party wall shall have the right to enter the property of the other party sharing the party wall to the extent that it may be reasonably.necessary in connection with that work. When entering upon the property of the other party, the party undertaking such repair or rebuilding shall take and observe due precaution and care to protect the property of the other party. 6.5. Roof. Those improvements sharing the party wall also share that portion of the roof that lies immediately above said party wall. Each Owner of a Lot upon which an improve- ment has been built shall keep in good maintenance and repair the Owner's respective roof so that no attendant damage may result to the roof of the adjoining lot Owner. 6.6. Arbitration. Any dispute that may arise concerning this covenant relating to party walls shall be resolved exclusively by use of the arbitration procedure provided in chapter 679A of the Code of Iowa. An owner may initiate arbitration by filing an application with the Iowa District Court for Story County for the appointment of an arbitrator. The court shall appoint as the arbitrator a person,who,by virtue of previous education, train- ing or work experience,would qualify in a judicial proceeding as an expert witness on the substance of the matter in dispute. The arbitrator,after notice and hearing, shall render a written determination as to the truth of the matter in dispute and make an award, all in ac- cordance with chapter 679A of the Code of Iowa. 7. UsE. No Lot shall be used for any purpose contrary to the provisions of this instrument. No Lot shall be used for any purpose that may be or become an annoyance or nuisance to the adjacent properties or neighborhood. 7.1. Residential Use. A Lot shall be used for residential purposes only and to uses related to the convenience and enjoyment of such residential use. Not more than three adult per- sons not related by marriage or consanguinity shall occupy any dwelling constructed within the subdivision. There shall not exist on any lot more than one residence at a time. 7.2. Business Activities. No obnoxious or offensive trade shall be carried on upon any lot. FJF•9903251052 9 9 - 0 3 9 4 6 C� � b 3 � RESTRICTIVE COVENANTS of SECOND ADDITIONS DAUNTLESS SUBDIVISION Page 4 7.3. Automohile Repair. No automotive or motor vehicle repair or rebuilding, nor any other form of automotive manufacture,whether for profit or otherwise, shall take place on any Lot or driveway within the Subdivision. 7.4. Commercial Vehicles. No trucks, except pick-up trucks or similar size vans or recrea- tional vehicles, and no commercial type vehicles exceeding a gross vehicle weight of 10,000 pounds or eight feet in height shall be stored or parked on any lot unless enclosed in a permitted structure,nor parked on any residential street in the subdivision,unless en- gaged in transporting to or from a residence in the subdivision. 7.5. Recreational Vehicles. No boat, trailer, camper, motorcycle, snowmobile, unlicensed automobile, self-propelled vehicle other than an operable automobile, or motor home shall be permitted unless enclosed in a permitted structure or kept out of view from ad- joining residences and the public roadway. 7.6. Animals. No cattle, swine, goats,poultry, fowl, or other farm animals shall be raised or kept on any lot. Domesticated dogs and cats and other common household pets shall be permitted provided such animals are penned or otherwise restrained and provided they are not kept, bred, or maintained for commercial purposes. No Owner shall permit an animal under the Owner's care to disturb any other owner. 7.7. Occupancy. No structure erected upon any lot shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed. No struc- ture, when completed, shall be in any manner occupied until made to comply with the approved plans, the requirements herein, and all other covenants, conditions, reserva- tions, and restrictions herein set forth. All construction shall be completed within six months from its start,except that Grantor may extend the time. 8. LOT MAINTENANCE&REFUSE. 8.1. Solid Waste. No discarded solid or semi-solid substance shall be stored on a lot No burning of any solid or semi-solid substance shall be permitted, including all manner of garbage, trash,-lawn cuttings, branches, or other refuse. Refuse temporarily held for regular collection and disposal shall be stored in covered metal or plastic containers,re- cycling containers, and shall not to be visible from the street, except as required for regularly scheduled collection. 8.2. Lawns. An owner shall maintain the owner's lot in good order and free of debris. An owner shall keep the owner's lot mowed and shall take care not to allow the growth or spread of weeds. Vegetable gardens shall be permitted in rear yards only. 9. REMEDIES. Grantor or an Owner,jointly or severally, shall have the right to proceed at law or in equity to compel a compliance with the terms of this'instrument or to prevent the violation or breach of any of them An action brought under this instrument,moreover, shall be in accordance with the following: 9.1. Specific Performance. Recognizing that it may be impractical or impossible to measure adequately in money damages the breach or threatened breach of these covenants, that there is a sufficient remedy at law or that injury or damage for breach of these covenants may be compensated by money shall not be a defense to an action for specific perform- ance. FJF•9903251052 9 9 - 0 3 9 4 6 (14)- ✓ 4 RESTRICTIVE COVENANTS oFSECOND ADDITION,DAUNTLESS SUBDIVISION Page 5 9.2. 71"meliness. The failure promptly to enforce any of the provisions of this instrument shall not bar their enforcement. 9.3. Recovery of Costs. In case of any action or proceeding to enforce or protect their respec- tive rights under this agreement, the prevailing party shall be entitled to recover, to the extent permitted by law, reasonable attorney fees, court costs, and other expenses ad- vanced to enforce or protect the prevailing party's rights under this instnunent. 10. AMENDMENT. This instrument may be amended by a written instrument eligible for recording and executed by at least the owners of eighteen lots.within the subdivision. Any amendment to this instrument must be filed for record in the office of the Recorder of Story County, Iowa.' For the purposes of this paragraph, each lot shall be considered as having one owner even though title may be held in more than one name. Each lot owner shall be entitled to one vote for each lot owned. 11. INTERPRETATION. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. If any part of this instrument shall be adjudged invalid or unenforceable such adjudication shall not affect the validity or enforceability of this instrument as a whole or any part thereof not adjudged invalid or unenforceable. IN WITNESS WHEREOF, the undersigned and each of them, as Grantor, have executed this Declaration of Restrictive Covenants on March -Z, , 1999. JENSEN DEVELOPMENT CORPORATION,LTD. BY: Dickson D.Jensen, sident STATE OF IOWA,COUNTY OF STORY, SS: On March 2 5� , 1999,before me the undersigned, a Notary Public in and for said state, person- ally appeared Dickson D. Jensen,to me personally known,who,being by me duly sworn,did say that he is the President of said corporation executing the 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 Dickson D. Jensen as such officer acknowledged the execution of said instru- ment to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. g6e,106EFRANKLINJ.FEILMEYER MMISSION EXPIRES No Pull�t/14. loon FJF 9903251052 99 - 0 394 6 l