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Home My WebLink AboutA006 - Restrictive Covenants dated February 21, 1997 Document Prepared By: Frank B. Johnston, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 RESTRICTIVE COVENANTS JEWEL PARK-SUBDIVISION PLAT 1, AMES, IOWA WHEREAS,JEWEL PARK ASSOCIATION, INC., an Iowa corporation, and JEWEL PARK, L.C., an Iowa Limited Liability Company, are the owners of Lots One (1) through Twenty-four (24), inclusive, and Lot A, in JEWEL PARK SUBDIVISION PLAT 19 AMES, IOWA, and WHEREAS, as the owners for their own protection and for the benefit of subsequent owners of said lots, desire to restrict the use thereof in certain particulars, NOW, THEREFORE, the undersigned hereby covenant, bargain and agree for themselves, their assigns and successors in interest, that Lots One (1) through Twenty- two (22), inclusive, JEWEL PARK SUBDIVISION PLAT 1, AMES, IOWA (but excluding Lot A and Outlots B and C) shall be subject to the following covenants, conditions and restrictions, to-wit: 9'�'" 02331 C« r 2 1. RESIDENTIAL USE. Each lot within the subdivision and subject to this instrument is hereby restricted to residential use and to uses related to the convenience and enjoyment of such residential use. Not more than three (3) adult persons not related by marriage or consanguinity shall occupy any dwelling constructed within the subdivision. 2. CONSTRUCTION. All dwellings shall be of new construction only pursuant to the Planned Unit Development (PUD) Plan submitted by JEWEL PARK, L.C., to the CITY OF AMES, IOWA, and approved by the City Council of the CITY OF AMES, IOWA, on November 12, 1996. Any changes made to the Planned Unit Development (PUD) Plan must be in compliance with Section 49.47.4 of the Ordinances of the CITY OF AMES, IOWA, and must also be approved in writing by JEWEL PARK, L.C., or its designee. No building, outbuilding, fence, wall, or other structure shall be commenced, erected or maintained upon any lot, nor shall any exterior addition to, or change or alteration thereof, be made until the plans and specifications thereof, showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in writing by JEWEL PARK, L.C., or by an Architectural Control Committee comprised of two or more representatives appointed by JEWEL PARK, L.C. 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 that JEWEL PARK, L.C., or its designated committee, shall fail to approve or disapprove such design or plans or location within thirty (30) days after said plans and specifications have been submitted to it, approval shall not be required and this Restriction shall be deemed to have been fully complied with. q�_ 0233JL C1 3 All buildings constructed upon lots within the subdivision shall be constructed under the direct supervision of a recognized builder or contractor. All building structures or other improvements of any nature must be completed within twelve (12) months of the commencement date of the construction. 3. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or other outbuilding or structure of any nature shall be used on any portion of any lot at any time as a residence, either temporarily or permanently. 4. 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 adjacent properties or neighborhood. 5. YARD MAINTENANCE. The owner of each lot shall keep his/her lot or lots mowed, raked, weed-free or weed-controlled and free of debris. 6. TRASH--GARBAGE REMOVAL. All rubbish, trash or garbage shall be regularly removed from each lot and shall not be allowed to accumulate thereon. No trash burning shall be permitted upon any lot. 7. GARDENING. Gardening shall be permitted in individual back yards only (that portion of each lot fronting on Opal Drive is considered the 'back yard"). 8. NO MOBILE HOMES. No mobile homes shall be placed upon or erected upon any lot. 9. OUTBUILDINGS. Any dog run, trash receptacle, tool shed or other outbuilding of like nature shall be properly screened by shrubbery or by a decorated fence or both and will be subject to the provisions of paragraph 2 hereof. 4 10. SEASONAL OR RECREATIONAL VEHICLES. All campers, snow mobiles, boats, mowers, motor homes, fold-down campers and all self-propelled vehicles other than operable automobiles shall be kept out of view from adjoining residences and the public roadway. No commercial vehicles, trucks or enclosed commercial trailers exceeding a gross vehicle weight of 10,000 pounds or eight feet in height shall be parked or kept on any lot. No automotive or motor vehicle repair or rebuilding, nor any other form of automotive manufacture, whether for profit or otherwise, shall take place on any lot or driveway within the subdivision. 11. PETS. No animals, livestock, nor poultry of any kind shall be raised, bred or kept on any lot; excepting, however, 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 within a dog run. In no event shall such.domestic animals be kept on any lot if they unreasonably disturb the owners or residents of other lots within the subdivision. 12. TELEVISION ANTENNAS AND TELEVISION SATELLITE DISHES. Television or radio antennas of less than ten (10) feet in height shall be permitted on dwellings or garages. Television satellite dishes, less than four feet in diameter, shall be permitted in the rear yards only (that portion of each lot fronting Opal Drive is considered the "rear yard'). 13. PARTY WALLS. A wall in common or"party wall"exists between the improvements constructed or to be constructed between Lots 1 and 2, Lots 3 and 4, Lots 5 and 6, Lots 7 and 8, Lots 9 and 10, Lots 11 and 12, Lots 13 and 14, Lots 15 and 16, Lots 7' 023310 .t 5 17 and 18, Lots 19 and 20, and Lots 21 and 22. These party walls form a common wall between said lots and a boundary between them. Each of such walls shall be a party wall and the respective owners shall have the right to use such party wall jointly. Each owner of a lot hereby grants unto the adjacent owner sharing such party wall an easement over, across and under that portion of such owner's lot upon which the party wall is constructed. If it becomes necessary or desirable to repair or rebuild the whole or any part of any party wall, the expense thereof shall be borne equally by the respective owners who shall at the time of the repair or rebuilding be using it. Any such repair or rebuilding shall be on the same location and of the same size as the original party wall and of the same or similar material and of the same quality as that used in the original parry wall. Any party who engages in construction or repair work with respect to a party wall shall have the right to enter upon the property of the other party sharing the party wall to the extent that it may be reasonably necessary in connection with that work. When entering upon the property of the other party, the party undertaking such repair or rebuilding shall take and observe due precaution and care to protect the property of the other party. Any controversy or claim arising out of or relating to a party wall shall be settled by arbitration administered pursuant to the provisions of Chapter 679A, The Code of Iowa, as amended. 14. ROOFS. Those improvements sharing the party wall also share that portion of the roof which lies immediately above said party wall. Each owner of a lot upon which an improvement has been built shall keep in good maintenance and repair his or her q�� 02331 C od . S - 6 respective roof so that no attendant damage may result to the roof of the adjoining lot owner. Any controversy or claim arising out of or relating to.that portion of any roof that is shared by lot owners shall be settled by arbitration pursuant to the provisions of Chapter 679A, The Code of Iowa. 15. SHARED DRIVEWAYS AND SIDEWALKS. The following lots will share driveways in the subdivision: Lots Seven (7) and Eight (8); Lots Nine (9) and Ten (10); Lots Eleven (11) and Twelve (12); and Lots Thirteen (13) and Fourteen (14). Shared sidewalks will exist on the west side of the subdivision affecting Lots One (1) through Twenty-two (22). All such shared driveways and sidewalks are acknowledged as such and the respective owners of the affected lots shall have the right to use such driveways and sidewalks jointly. Each owner of a lot hereby grants unto the other affected property owners sharing such driveway and/or sidewalk an easement over, across and under that portion of such owner's lot on which the driveway and/or sidewalk is constructed. If it becomes necessary or desirable to repair or rebuild the whole or any part of any driveway or sidewalk, the expense thereof shall be borne equally by the respective owners who shall at the time of the repair or rebuilding be using it. Any such repair or rebuilding shall be on the same location and of the same or similar material and quality as that used in the original driveway or sidewalk. .q Any party who engages in construction or repair work with respect to a shared driveway or sidewalk shall have the right to enter on the property of any affected owner to the extent that it is reasonably necessary in connection with that work. Any controversy or claim arising out of or relating to a shared driveway or sidewalk shall be settled by arbitration administered pursuant to the provisions of Iowa Code Chapter 679A, as amended. All maintenance, including snow removal, on shared driveways and sidewalks shall be the responsibility of the property owners sharing the driveway and/or sidewalk. 16. . VIOLATIONS. In the event of the violation of any of these covenants, conditions and restrictions, any person or entity then owning a lot within the subdivision or the City of Ames, Iowa, is authorized to resort to an action at law or in equity for relief, either by injunction or in damages, against the person, persons or entity violating these provisions, or for specific performance in complying with said covenants, conditions and restrictions. 17. INVALIDATION. The invalidation of any one or more of these provisions by judgment or Order of Court shall not affect the other provisions which shall remain in full force and effect. 18. DURATION. The provisions of this instrument shall run with and be binding upon the land embraced herein for a term of twenty-one (21) years from the date of the filing of this instrument in the office of the Recorder of Story County, Iowa. 19. AMENDMENTS. This instrument may be amended by a written instrument eligible for recording and executed by at least the owners of sixteen (16) lots within the subdivision. Any amendment to this instrument must be filed for record in the qq-0233JL (M)\ g office of the Recorder of Story County, Iowa. 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. 20. RENEWAL. The provisions of this instrument and any amendments thereto may be extended for an additional period beyond the initial twenty-one (21) year period by the owners of sixteen (16) lots within the subdivision filing a Verified Claim in the office of the Recorder of Story County, Iowa, within the initial twenty-one (21) year period. For the purposes of this paragraph, each lot shall be considered as having one "lot owner" all as provided in the preceding numbered paragraph. Dated this 2 sf day of POP-VLld 1997. JEWEL PARK, L.C., By: Jensen Ppperty Management, Inc. By . ickson D. Jen President and a etary MEMBER OF JEWEL PARK,LC. qq- 02331 (h3) 9 And By: Larson pment Co or tion By Jams Larson II, Pres ent and Secretary MEMBER OF JEWEL PARK,L.C. (THE ABOVE IDENTIFIED CORPORATIONS CONSTITUTE ALL OF THE MEMBERS OF JEWEL PARK, L.C.) JEWEL PARK ASSOCIATION, INC. B f- ,�` /� � % ' y Bence N. Roden, cl— esident By A)firibeth Carlson, S cretary STATE OF IOWA ) ss. COUNTY OF STORY ) On this day of 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dickson D. Jensen and James R. Larson II, each of who are to me personally known, who, being by me duly sworn, did state that Dickson D. Jensen is the President and Secretary of Jensen Property Management, Inc., an Iowa corporation, and a member of Jewel Park, L.C., an Iowa limited liability company, and that James R. Larson II is the President and Secretary of Larson Development Corporation, an Iowa corporation, and a member of Jewel Park, L.C., an Iowa limited liability company; that no seal has beenn procured by either of said q�-02.331L �� 10 corporations, nor by said limited liability company; that said instrument was signed on behalf of Jensen Property Management, Inc., as a member of Jewel Park, L.C., and on behalf of Larson Development Corporation, as a member of Jewel Park, L.C., by the authority of both corporations' Board of Directors and by the authority of said limited liability company's managers, and that the said Dickson D. Jensen and James R. Larson II acknowledged the execution of the instrument to be the voluntary act and deed of said corporations as the managers and as members of said limited liability company, by it voluntarily executed. o Notary Public in an I or t State of Iowa STATE OF IOWA } ss. COUNTY OF STORY ) On this 2Z ' day of 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lawrence N. Roden and Maribeth Carlson, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively; of the corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Lawrence N. Roden and Maribeth Carlson, as officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them-voluntarily executed. �EgPppQ - M � Notary Public in an for e ' P State of Iowa �'� `0233JL