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HomeMy WebLinkAboutA005 - Recorded Final Plat with other recorded documents Q O V O Q y. � +,,�c�•O•..��L��J' STORY COUNTY, IOWA 0�ak b v N v Z FILES N y k ��•K4� 10 � a 9�—0 CT 2 3 1975 F.M. b° b O a \C \° v .0 Q� ='0�-,or0 rr E° h GLORIA A. MiiuS, Recordqu et INST.#61 FEE _ ... v o 1 ' tall v uh �kh� c 3 °i . 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Elliott, Auditor of Story County, Iowa, do hereby certify that all or a part of the real estate shown on the attached and fore- going plat of THE GREEN FIRST ADDITION TO AMES, IOWA, is being or has been sold and conveyed. That BUCK CONSTRUCTION COMPANY, INC. , an Iowa corporation, .is the owner of the real estate shown on said plat and has failed and neglected to execute and file for record a plat of said real estate as required by Chapter 409, Code of Iowa (1975). That said corporation has been notified to file such plat as shown by the ac- knowledgment of notice endorsed hereon, and has failed and neglected to file said plat for more than 30 days after the issuance of said notice. That I have, as County Auditor, caused said plat to be made by reason of the failure of the owner of said real estate to do so, and said plat shall be known and identified as THE GREEN FIRST ADDITION TO AMES, IOWA. Dated this cx7 3 day of 1975 D RGTHY J. EL Story County Aud. or�i. STATE OF IOWA, STORY COUNTY, SS: On this day of �,. �'r 1975 befor e me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Dorothy J. Elliott, to me known to be the identical person named in and who executed the foregoing instrument, and also personally knowr�,:toirj ; me to be the County Auditor of Story County, Iowa, and ackn owl edged;}ht ,.;;�_t she executed the same as her voluntary act and deed and her act an d as said County Auditor. ' JOHN E. NUTTY •ii:an2:',�' Notary Public, State o Iowa ACKNOWLEDGMENT OF NOTICE TO PLAT STATE OF IOWA, STORY COUNTY, SS: 1, Robert O, Buck, President of Buck Construction Company, Inc. , an Iowa corporation and the owner of the real estate shown on the attached and foregoing plat of THE GREEN FIRST ADDITION TO AMES, IOWA, hereby acknowledge that said corporation was notified 30 days prior to the date hereof to execute and file a plat of said real estate to be recorded in the records of Story County, Iowa. Dated this = day of 1975. R BE RT O. BUCK Subscribed and sworn to before the undersigned b the sai��R�o�e .� y - ., O. Buck this �3 `day of 1975. 2W MHN E. NUTTYary Public, Staff'f of Iowa ACKNOWLEDGMENT OF CONSENT AND DEDICATION KNOW ALL MEN BY THESE PRESENTS: Thai Buck Construction Company, Inc. , an Iowa Corporation, having its principal place of business in Ames, Story County, Iowa, does hereby covenant that it is the sole lawful owner of the premises described as fol- lows, to-wit: Tliat part of the Southwest Quarter (SW-1) of the North- east Quarter (NE-1) of Section 33, Township 84 North, Range 24 West of the 5th P.M. , in the City of Ames, Story County., Iowa, described as follows: Commencing at the Northeast (1'�1E) corner of said Southwest Quarter of the Northeast Quarter (SW-.NEB); thence South 89054"20" West along the North line of said Southwest Quarter of the Northeast Quarter (SW-INE-L), 98. 5 feet; thence South 0°12'10" West along a line 60. 0 feet Westerly from and.parallel to the centerline of Stange Road, as the same is now paved, 505. 0 feet to the point of beginning; thence South 89°54'20" West, 140. 0 feet; thence North 0°12'10" East, 55. 0 feet; thence South 89°54'20" West, 105. 51 feet; thence South 0°OS'40" East, 100. 0 feet; thence South 22°47' West, 65. 12 feet; thence South 0'05'40" East, 110. 0 feet; thence South 89°54'20" West, 195. 57 feet; thence South 0 012' 10" West, 300. 0 feet; thence South 89°54'20" West, 34. 38 feet; thence South 49°14'30" West, 112.05 feet; thence South 66034'20" West, 60. 36 -feet; thence South 60012'40" West, 120. 0 feet; thence South 29°47'20" East, 176. 96 feet; thence North 89055'20" East, along the South line of the said South- west Quarter of the Northeast Quarter (SWINE ), 654. 80 feet; thence North 0°12'10" East, along a line 60. 0 feet Westerly from and parallel to the centerline of Stange Road, as same is now paved, 825. 28 feet to the point of beginning. And it does hereby certify that the accompanying plat of the above described real estate is to be known as The Green First Addition to Ames, Iowa, is with its free consent and in accordance with its desires as proprietor and it does hereby dedicate and set apart the streets and avenues shown on said plat to the perpetual use of the public for the purposes stated and does here- by dedicate and set apart Lot D to the perpetual use of the public for a walk- way-bicycle path. Witness our hands this 12th day of August, 1975. BUCK CONSTRUCTION COMPANY, INC. Byjj, �c Tif/L' �__ BY Anhe K. Buck, Secretary Rober O. Buck, President C. Acknowledgment of: Consent and Dedication Page Two STATE OIy IOWA, STORY COUNTY, SS: On this day of 1975, before me, the undersigned, a Notary Public in and for said County, in said State, per- sonally appeared Robert O. Buck and Anne K. Buck, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation, executing the within and foregoing instrument, and that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Robert O. Buck, as President, and Anne K. Buck, as Secretary, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. John E. Nutty, -Notary 1 b ic, State of n�lluir " N.^-=k Iowa a�.. ,/ �a r a� •.� ��s � 77ww1 ik S V BOOK.____1� ; �.1 L 1321 r RE-TURN TO RESOLUTION NO. 75-162 CLERKS OFFICL .�j 10WA 50010 BEING A RESOLUTION ACCEPTING THE PLAT OF THE GREEN FIRST ADDITION, AN ADDITION TO THE CITY OF AMES, IOWA, AND ALSO ACCEPTING CERTAIN LANDS WITHIN SAID PLATTED AREA FOR STREET PURPOSES AND FOR WALKWAY AND BICYCLE PATH PURPOSES. WHEREAS, there has been submitted to the City Council of the City"- of Ames, Iowa, a plat of The Green First Addition, being an Addition to the City of Ames, Story County, Iowa, involving the land hereinafter described; and, WHEREAS, the said plat has been submitted to the City Plan Com- mission as required by law and has been returned to this Council with the recommendations of the said City Plan Commission; and, WHEREAS, Buck Construction Company, Inc. , is the owner of all of the land hereinafter described and to be known as The Green First Addition to Ames, Iowa; and, WHEREAS, it now appears that the said owner of said property has met all conditions as prescribed by Chapter 409 of the 1975 Code of Iowa as amended to date and as prescribed by the platting ordinance of the City of Ames as amended to date with respect to the platting of said addition; and, WHEREAS, the said owner of said real estate hereinafter described then on the 12th day of August, 1975, dedicated and set apart.for public use as streets and avenues certain portions of The Green First Addition to Ames, Iowa, and Lot D for walkway and bicycle path purposes, as shown and des- ignated on the plat thereof now on file with the City Clerk of the City of Ames, Iowa; and, WHEREAS, in the opinion of the City Council of the City of Ames, o Iowa, it is advisable and to the best interests of the City of Ames and of all persons concerned that the said plat be accepted and that the dedication of said streets and avenues and Lot D be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA, That the plat of The Green First Addition, being an addition to the City of Ames, Story County, Iowa, and involving the real estate described Resolution No. 75-162 Page Two as follows, to-wit: That part of the Southwest Quarter (SW-1) of the North- east Quarter (NE--41) of Section 33, 'Township 84 North, Range 24 West of the 5th P.M. , in the City of Ames, Story County, Iowa, described as follows: Commencing at the Northeast (NE) corner of said Southwest Quarter of the Northeast Quarter (SW.'-L --NE ); thence South 89°54'20" West along the North line of said Southwest Quarter of the Northeast Quarter (SW4NE4), 93. 5 feet; thence South 0°12'10". West along a line 60. 0 feet Westerly from and parallel to the centerline of Stange Road, as the same is now paved, 505. 0 feet to the point of beginning; thence South 89'54'20" West, 140. 0 feet; thence North 0°12'1.0" East, 55. 0 feet; thence ,South 89°54'20" West, 10. 51 feet; thence South 0'05'40" East, I.00. 0 feet; thence South 22°47' West, 65. 12 feet; thence ,South 0'05'40" East, 110.0 feet; thence South 89°54'20" West, 195. 57 feet; thence South 0 012' 10" West, 300. 0 feet; thence South 89°54'20" West, 34. 38 feet; thence South 49°14'30" West, 112. 05 feet; thence South 66°34'2.0" West, 60. 36 feet; thence South 60°12'40" West, 120.0 feet; thence South 29°47'20" East, 176.96 feet; thence North 89'55'20" East, along the South line of the said South- west Quarter of the .Northeast Quarter (SWINED, 654. 80 feet; thence North W1 j'10" East, along a line 60. 0 feet Westerly from and parallel to the centerline of Stange Road, as same is now paved, 825. 28 feet to the point of beginning. be and it is hereby accepted and approved; that the dedication of the streets and avenues and Lot D as shown and designated on the plat of said addition now on file with the City Clerk of the City of Ames, Iowa, made and executed by Buck Construction Company, Inc. , on the 12th day of August, 1975, be and the same is hereby accepted for and on behalf of the City of Ames, Iowa; that all acts and deeds of the said grantor in the premises be and they are hereby confirmed and approved, and that the Mayor and the City Clerk of the City of Ames, 'Iowa, be and they are hereby directed to certify the resolution affixed to the said plat. WILLIAM F. PELZ Mayor yy}� t ,C� ,�t�r t R4 1 ':; EJL, City Clerk Resolution No. 75-162 Page Three Moved by Koerber Seconded by Pounds That Resolution No. 75-162 be adopted. Voting Aye: Calhoun, Huston, Koerber, Maxwell, Pounds . Voting Nay: Nelson Absent: None ' The Mayor declared Resolution No. 75-162 adopted. We, Mary E. Paul,. the duly appointed, qualified and acting City Clerk of the City of Ames, Iowa, and William F. Pelz, the duly elected, qualified and acting Mayor of the City of Ames, Iowa, do hereby certify that the above and foregoing Resolution No. 75-162 is a true and exact copy of said Resolution; that said Resolution was passed and adopted by the City Council of the City of Ames, Iowa, at a regular meeting thereof on the 2nd day of September , 1975. MARY E. AUL, City Clerk City of Ames, Story County, Iowa = � WILLIAM F. PELZ, Mayor City of Ames, Story County, Iowa 0 ¢� 3 ♦.yy L sJ ' �� Dated this 2nd day of Sept. 1975. "S'!� 1 '��.d1 f �•xFR'F ^ - ..._...... .. I . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE GREEN FIRST ADDITION TO AMES, IOWA WHEREAS, the undersigned, Buck Construction Company, Inc. , is the owner of the real estate legally described as Lots 1 through 25, The Green First Addition to Ames, Iowa; and, WHEREAS, as such owner, for its own protection and for the bene- fit of subsequent owners of said lots, desires to restrict the use thereof in certain particulars; NOW, THEREFORE, Buck Construction Company, Inc. , hereby covenant, bargain and agree for itself, its assigns and its successors in interest that Lots 1 through 25, inclusive, of The Green First Addition to Ames, Iowa, shall be subject to the following covenants, conditions, terms and restrictions, to-wit: 1. RESIDENTIAL USE. All lots shall be known, described and used solely as single-family residential lots. No more than one single-family dwelling shall be constructed on any one lot. No other building shall be erected on a lot except for a residence garage and such other outbuildings as are incidental to the residential use of the property. No lot shall be sub- divided except to enlarge adjacent lots. For the purposes herein a "single family dwelling" shall be defined as: a building designed for or occupied exclusively by one family. 2. DWELLING SPECIFICATIONS. Residences shall be of new con- struction only. A single story residence shall have a minimum of 1200 square feet of enclosed, habitable living area at ground level. A one and one-half story, two story, split level or split foyer residence shall have a minimum of 1600 square feet of enclosed, habitable living area. Said min- imum areas are exclusive of porches, breezeways and garages. A variance in the said minimum areas may be allowed, not to exceed 250 square feet, by the Architectural Control Committee. Every residence shall have a minimum of one covered car space which may be a carport or garage. 3. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn, or other outbuilding or structure of any temporary character shall be used on any lot at any time as a residence, either temporarily or permanently. 4. SEASONAL VEHICLES. All campers, snowmobiles, boats, mow- ers, recreational equipment, and all self-propelled vehicles other than op- erable automobiles, shall be kept out of view from adjoining residences and the public roadway. 5. EASEMENT. In addition to other easements of record, the rear five (5) feet of each lot and five (5) feet on each side lot line is subject to a surface drainage easement. 6. YARD MAINTENANCE. Titleholder of each lot, vacant or im- proved, shall keep his lot or lots mowed, raked, weed free or weed con- trolled and free of debris. 7. OFFENSIVE TRADE. No obnoxious or offensive trade shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 8. BUILDING PLANS APPROVED. No original building, including outbuildings, shall be constructed upon a lot until the plans, specficiations and grade elevations therefor have been submitted to and approved in writing by the Architectural Control Committee except in the case where the prop- erty owner has employed an architect, licensed to practice in Iowa, to design �R 8001L-..�S.I Declaration The Green First Addition Page Two and supervise the construction of the residence. In such case the plans, specifications and grade elevations shall be submitted to the Architectural Control Committee, prior to the commencement of construction, however, no approval, written or otherwise, of said Committee shall be required. The requirement of submission and approval of plans, specifications and grade elevations shall not apply to remodeling or additions to original buildings. 9. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Committee shall be composed of the officers of Buck Construction Company, Inc. , or its successors or such persons, not to exceed three in number, as may be designated by said officers, until January 1, 1985, at which time the then members of the said Committee shall appoint from three to five owners of property in The Green First Addition to Ames, Iowa, to comprise the said Committee. The signature of one member of the Com- mittee to the written approval of the plans, specifications and grade eleva- tions or the variance in area requirements shall be conclusively presumed to be the action of the total Committee and shall be binding on the Committee. When residences have been constructed on all of the lots in The Green First Addition to Ames, Iowa, the said Architectural Control Committee shall be disband and cease to exist. 10. VIOLATIONS. If the parties hereto, or any of them, or their heirs, successors or assigns shall violate or attempt to violate any of the covenants, conditions or restrictions herein, it shall be lawful for any other corporation, person or persons then owning any other lot in The Green First Addition to Ames, Iowa, to prosecute any proceedings at law or in equity against the corporation, person or persons violating or attempting to violate any such covenant, condition or restriction and either to enjoin or prevent him or them from so doing or to recover damages or other dues for such violation or for specific performance in complying with said covenant, condition or restriction. 11. INVALIDATION. The invalidation of one or more of these covenants, conditions and restrictions by judgment or Order of Court shall not affect the other provisions which shall remain in full force and effect. 12. DURATION AND AMENDMENTS. The covenants, conditions and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded. The cov- enants, conditions and restrictions may be extended for additional terms of twenty (20) years any time during the current twenty (20) year term by follow- ing the procedure set forth in Paragraph 13 herein. This Declaration may be amended during the first twenty (20) year period by an instrument signed by at least eighty percent (807) of the lot owners, and thereafter by an instru- ment signed by at least sixty-five percent (657) of the lot owners. Any amendment must be recorded. For the purposes of this paragraph, each lot shall be considered as having one "lot 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 and the percentages herein required to amend these cov- enants, conditions and restrictions shall be based upon the percentage which the lots voting, by their lot owner, for the amendment bears to the total number of lots in the said addition. 13. RENEWAL. The owner of any one lot is empowered and authorized to file a Verified Claim with the Story County Recorder, Nevada, Iowa, at any time prior to the expiration of the current twenty (20) year term during which the covenants, conditions and restrictions are in force, pursuant to the pro- cedure, form and manner as required by Section 614. 24 of the 1975 Code of Declaration The Green First Addition Page Three Iowa. The filing of such Verified Claim by any one lot owner shall cause the said covenants, conditions and restrictions to be extended for an addi- tional twenty (20) year term for all lots in The Green First Addition to Ames, Iowa. The covenants, conditions and restrictions may be extended or renewed for successive 20 year periods by an owner filing such Verified Claim, as above provided, prior to the expiration of 20 years from the filing of the last Verified Claim. Dated this day of 1975. BUCK CONSTRUCTION COMPANYrf;''% r 7 r �•. �� x'�4 •�s �fM1/, M A•�}� A�! LA � ..IF ..s BY b eit O. Buck, President *3 6, -..FV tK. 'By Anne K. Buck, Secretary STATE OF IOWA, STORY COUNTY, SS: On this j 3'­ day of r_ �-Z 1975, before me, the undersigned, a Notary Public in and for the State of Iowa, personally ap- peared Robert O. Buck and Anne K. Buck, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the withinand foregoing instru- ment to which this is attached, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them volun- tarily executed. r Notar Public in Land for t e„State of Iowa Xi'`�.!^`.,•Y.� .l •..3R as f ��. 9!/lIT"!.c \1