HomeMy WebLinkAboutA007 - Restrictive Covenants dated September 16, 1999 RETURN T01FREPARED BY: Franklin J.Feilmeyer,Sharp Law Firm,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone: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: Third Addition,Dauntless Subdivision to Ames,Iowa;
WHEREAS,the undersigned,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:
1. ACCESS TO SOUTH DAKOTA AVENUE. Lots 1 and 2 shall have no ingress from or egress to South
Dakota Avenue. Lot 9 at the time of the execution of these restrictive covenants has a driveway
on South Dakota Avenue. Pending installation of the final layer of asphaltic concrete on Twain
Circle,the driveway on Lot 9 may be used for access to South Dakota Avenue. Upon acceptance
by the City of Ames, Iowa of the public street improvements, Lot 9 shall have no ingress from or
egress to South Dakota Avenue.
2. NONCONFORMING STRUCTURES. The structures now existing upon Lot 9, being set back less
than 25 feet from Twain Circle, are nonconforming structures,but may be continued so long as
they remain otherwise lawful. The undersigned covenant and agree for themselves and their suc-
cessors and assigns that the City of Ames shall not be required to issue building permits or zoning
permits until the nonconformity is removed by modifying or removing the structures.
The aforesaid covenants, conditions and restrictions shall operate as covenants running with the
land for the benefit of the City of Ames,Iowa,and all persons who may now or hereafter own any part of
the real estate described above; and any of such persons shall have the right to enforce these covenants,
conditions and restrictions through all available proceedings at law or in equity against the person or per-
sons violating or threatening to violate same.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on Sep-
tember. a� 1999.
EVERETT W. COCHRANE MARJO L. COC E
STATE OF IOWA,COUNTY OF STORY,SS: On September-&--,1999,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 thgiwpluntary act and eed.
� RUSS YL McCULLOUGH
. MY CO MIS ION EXPIRES NOTARY PUBLIC
0
FJF N 199909151121
99- 13357 (43)