HomeMy WebLinkAboutA006 - Restrictive Covenants dated April 1, 1997 r
Document Prepared By:
Frank B. Johnston, P.O. Box 841, Ames, IA 50010-0847; 515-232-1761
RESTRICTIVE COVENANTS
JEWEL PARK SUBDIVISION PLAT 2, AMES, IOWA
WHEREAS, JEWEL PARK, L.C., an Iowa Limited Liability Company, is the
owner of Lots One (1) through Six (6), inclusive, JEWEL PARK SUBDIVISION PLAT 2,
AMES, IOWA, and
WHEREAS, as the owner for its own protection and for the benefit of
subsequent owners of said lots, desires to restrict the use thereof in certain particulars,
NOW,'THEREFORE,the undersigned hereby covenants,bargains and agrees
for itself, its assigns and successors in interest, that Lots One (1) through Six (6), inclusive,
JEWEL PARK SUBDIVISION PLAT 2, AMES, IOWA, shall be subject to the following
covenants, conditions and restrictions, to-wit:
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.
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2.. CONSTRUCTION. All dwellings,shall be of new construction only.
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 ahirty (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.
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.
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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. NO MOBILE HOMES. No mobile homes shall be placed upon or
erected upon.any lot.
8. 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.
9. 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.
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10. 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.
11. 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.
12. SHARED DRIVEWAYS. The following lots will.share driveways in the
subdivision:
Lots Three (3) and Four(4); and
Lots Five (5) and Six (6).
The shared driveway for Lots Three (3) and Four (4) shall be constructed upon and affect
the South Twelve (12) Feet of Lot Three (3) and the North Twelve (12) Feet of Lot Four
(4)•
The shared driveway for Lots Five (5) and Six (6) shall be constructed upon
and affect the South Twelve (12) Feet of Lot Five (5) and the North Twelve (12) Feet of
the East Ninety (90) Feet of Lot Six (6).
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The shared driveways are acknowledged as such and the respective owners
of the affected lots shall have the right to use such driveways jointly. Each owner of a lot
with respect to a shared driveway hereby grants unto the other affected property owner
sharing such driveway an easement over, across and under that portion of such owner's lot
upon which the driveway is constructed.
If it becomes necessary or-desireable to repair or rebuild the whole or any
part of any driveway, the expense thereof shall.be borne equally by the respective owners
who share such driveway, who shall at the time of the repair or rebuilding be using it.
Any such repair or rebuilding shall be situated upon the same location and of the same or
similar material and quality as that used in the original driveway.
Any party who engages in construction or repair work with respect to a shared
driveway 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 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 shall be the
responsibility of the property owners sharing the driveway. No owner or any tenants shall
park cars upon the shared driveways so as to impede or obstruct ingress and egress.
13. FURTHER RESTRICTIONS. Notice is hereby given to owners of
respective lots within the subdivision of those provisions of the "notes"set forth on the Final
Plat of the subdivision.
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14. 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.
15. 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.
16. 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.
17. AMENDMENTS. This instrument may be amended by a written
instrument eligible for recording and executed by at least the owners of four (4)4ots within
the subdivision. Any amendment to this instrument must be filed for record in the 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.
18. 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 four (4) 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.
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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 day of Aprz! - , 1997.
JEWEL PARK, L.C.,
By: Jensen P=16
geme t, Inc.
By
Dickson D. Jensen
President and Se
MEMBER OF JEWEL PARK,I.C.
And
By: La jJa
lopmentjCration
By
a rson II,
' ent an Secretary
MEMBER OF JEWEL PARK,L.C.
(THE ABOVE'IDENTIFIED CORPORATIONS
CONSTITUTE ALL OF THE MEMBERS OF
JEWEL PARK, L.C.)
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STATE OF IOWA )
ss.
COUNTY OF STORY }
On this S-I- day of n-( l- 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 IL 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 been procured by either of said
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.
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O: Notary Public in and for the
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State of Iowa
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ABSTRACT