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HomeMy WebLinkAboutA002 - Restrictive Covenants 'r Prepared by: Christine Hunziker, 535 Main, Ames, IA 50010; telephone 232-4115 RESTRICTIVE COVENANTS WHEREAS, the undersigned are the owners of the lots contained in the Fifth Addition, Hillside Subdivision, in 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, and WHEREAS, and reference hereinafter made to "Lot" or "Lots" refer only to the Fifth Addition, Hillside Subdivision, in Ames, Iowa, described as: Lots 1 through 34 inclusive, including Outlot "V", Fifth Addition, Hillside Subdivision, in Ames, Iowa. NOW, THEREFORE, the parties hereto and in consideration of the covenants and agreements of each other, by these presents, covenant, bargain and agree among themselves, and for their successors and assigns as follows: 1. That all lots shall be known and described as residential lots and shall not be improved, used or occupied for other than private single family lots and shall meet the following requirements: a. One story residences or split entry residences shall have a ground floor furnished area of not less than 1100 square feet. b. One and one-half story residences or split-level residences shall have a ground floor finished area of not less than 1100 square feet and a total finished area on the ground floor and the second floor of not less than 1600 square feet for one and one-half or split entry residences. c. Two-story residences shall have a ground floor area of not less than 750 square feet and a total finished area on the ground floor and the second floor of not less than 1500 square feet. d. The computation of the floor area shall not include porches, breezeways or garages. 2. That none of the single family lots shall be subdivided for the purpose of constructing more than one residence on each lot. gg- 15 7 56 00) 2 3. No building, fence, wall nor 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 either Dean E. Hunziker, Gary J. Hunziker or Jon E. Hunziker, hereinafter referred to as "Developers". 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 Developers fail to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this restriction will be deemed to have been fully complied with. When dwellings have been constructed on all lots within this Fifth Addition, Hillside Subdivision in Ames, Iowa, the requirements imposed by this paragraph shall terminate. 4. The following restrictions shall also constitute covenants: a. There shall be no mobile homes placed nor erected on any lot. b. No pre-erected dwelling shall be moved to any lot. c. All dwellings must have, at a minimum, double attached or double basement garage. d. No more than twelve inches of concrete block, poured concrete or wood foundation shall be exposed on any building unless such exposed material shall be painted or covered with brick, stone veneer or siding. e. Any dog run, trash receptacle, tool shed or other outside structure of like nature shall be properly screened by shrubbery or by a decorated fence, or both. f. All building structures or improvements of any kind must be completed within twelve months of the commencement date of the construction. g. No building nor structure of a temporary character and no trailer, basement, tent, shack, garage nor outbuilding shall be used at any time as a residential dwelling on any lot, either temporarily or permanently. In. No recreational vehicle nor boat shall be parked on a lot for a period of time longer than 48 hours. i. No rubbish containers shall be visible from the street except on pickup day and one day before and one day after pickup day. 0- 15 7 5 6 <<<� 3 j. No extension towers nor antennas of any kind shall be constructed, modified, or permitted on any lot. Television or radio antennas of less than ten feet are permitted on dwellings or garages. No noxious nor offensive activities nor odors shall be permitted on or to escape from any lot, nor shall anything be done on any lot which is or may become an annoyance or nuisance, either temporarily or permanently. k. No animals, livestock nor poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats and other common household pets may be kept so long as they are not kept, bred or maintained for commercial purposes. Dogs must be tied or fenced or kept in a dog run. I. Following construction of the residential dwelling on any lot, the front yard and side yard shall be sodded. When practical, fifteen feet of the rear yard, measured from the rear of the dwelling structure, shall also be sodded. The remainder of the lot shall be seeded or sodded. m. When the City of Ames requires the construction of public sidewalks, the sidewalks shall be constructed within one year after the sale of any lot or at the time of the occupancy of any dwelling on a lot, whichever first occurs. 5. That all of 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 twenty-one years from the date of the recording of these covenants, unless claims to continue and interest in the covenants are filed as provided by law. 6. That in case of violations of any of the covenants, any person then owning a lot in said subdivision or the City of Ames, Iowa, is authorized to resort to an action of law or equity for relief, either by injunction or in damages, against the person so violating said covenants. 7. That invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, but shall remain in full force and affect. Dated at Ames, Iowa, this ALlO' day of 1999. ,9 ® 15 7 56 (iz) 4 HUNZIKER DEVELOPMENT CO., L.C. By: Dean ff Hunziker, President By:_ Gary J. ecretary gg- 1575 6