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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, PACE Jar_ a -2- 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: oy1 lQ' � ON COY U PATRICIA A. COY STATE OF IOWA ) ss: STORY COUNTY ) On this J day of June, 1991, before me, the under- a17? AM -3- 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. '4/- ( . lie-41 MANMYtdt�S�StON EXPIRES OLM Notary Public August 10,1992 BOOK FACE