HomeMy WebLinkAboutA005 - Restrictive Covenants dated June 11, 1991 RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners in fee simple of the
lots contained in DEARBORN ESTATES, AMES, IOWA; and
WHEREAS, for their own protection and for the benefit of
subsequent owners of the lots within said subdivision, the said
owners desire to restrict the use thereof in certain particulars.
NOW THEREFORE, the parties hereto, in consideration of the
covenants and agreements of each other, and for their successors
and assigns, by these presents, covenant, bargain and agree as
follows:
1. All lots within the subdivision shall be used for single-
family residential purposes only.
2 . All residences constructed on said real estate shall be
of new construction only.
3 . . On all lots within the subdivision, single-story style
residences shall cover a foundation area of at least 1,200 square
feet, a split-level or a one and one-half story style residence
shall cover a foundation area of at least 900 square feet, and a
two-story residence shall cover a foundation area of at least 800
square feet; all exclusive of porches, breezeways and garages. No
residence shall be erected to exceed two and one-half stories in
height, and all residences shall have at least one covered car
space which may be a carport or a garage.
4. No trailer, basement, tent, shack, garage, barn or other
outbuildings erected on said lots shall at any time be used as a
residence either temporarily or permanently, nor shall residences
of a temporary character be permitted.
5. All residences shall be painted or stained within one
year after completion. The natural weathering of wood shall not be
a final finish for residences; provided, however, that it may be
permitted in the case of flooring for wood decks in back yards.
6. The pitches of roofs shall be a minimum of 6/12;
provided, however, that roof pitches for porches shall be a minimum
of 3/12 .
7. No building, fence, wall, or other structure shall be
commenced, erected, or maintained upon any lot nor shall any
exterior addition to or change or alteration therein, be made until
the plans and specifications showing the nature, kind, shape,
height, materials and location of the same have been submitted to
and approved in writing by RON COY, hereinafter referred to as
"Developer" and by an Architectural Committee composed of three or
more representatives appointed by the Developer. 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. In the event the Developer,
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or his designated committee, fails to approve or disapprove such
design or location within 30 days after said plans and
specifications have been submitted to him, it will be considered
approved.
8. No buildings shall be constructed nearer than 30 feet to
the front lot line nor nearer than 6 feet to any side lot line.
The side lot line restrictions shall not apply to a detached
garage.
9. No lots within the subdivision shall be subdivided into
building lots.
10. The titleholder of each lot, vacant or improved, shall
keep said lot or lots mowed, raked, weed-free or weed- controlled
and free of debris; provided, however, that such restrictions shall
not apply to the natural forested areas at the rear of the lots
within . the subdivision nor between Chelsea Court and Delaware
Avenue and North Dakota Avenue.
11. All campers, snowmobiles, boats, mowers, recreational
equipment and all self-propelled vehicles other than operable
automobiles, shall be kept out of view from adjoining residences
and the public roadway.
12. All these restrictions shall be deemed to be covenants
running with the land and shall endure and be binding upon the
parties hereto, their successors and assigns, for a period of 21
years from the date of recording these covenants, unless claims to
continue any interest in the covenants are filed as provided by
law.
13 . In case of any violation of the said covenants, any
person then owning a lot in said subdivision, or the City of Ames, _
Iowa, is specifically authorized to resort to an action at law or
equity for relief, either by injunction or in damages, against the
person so violating said covenants.
14. Invalidation of any of these covenants by judgment or
Court order shall in no way affect any of the other provisions,
which shall remain in full force and effect.
Dated:
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ON COY U PATRICIA A. COY
STATE OF IOWA )
ss:
STORY COUNTY )
On this J day of June, 1991, before me, the under-
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signed, a Notary Public in and for said State, personally appeared
RON COY and PATRICIA A. COY, husband and wife, to me known to be
the identical persons named in and who executed the foregoing
instrument and acknowledged that they executed the same as their
voluntary act and deed.
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MANMYtdt�S�StON EXPIRES OLM Notary Public
August 10,1992
BOOK FACE