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HomeMy WebLinkAboutA007 - Restrictive Covenants Instrument Prepared By: Deborah S. Krauth, P.O. Box 847, Ames, Iowa 50010-0847; 515-232-1761 RESTRICTIVE COVENANTS NORTHERN LIGHTS SUBDIVISION, AMES, IOWA WHEREAS, GRAND INVESTORS, L.L.C., an Iowa Limited Liability Company, is the owner of the following-described real estate: Lots One (1) through Twenty-eight (28), inclusive, in NORTHERN LIGHTS SUBDIVISION, AMES, STORY COUNTY, IOWA, and WHEREAS, 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 covenant, bargain and agree for themselves, their assigns and successors in interest, that Lots One (1) through Twenty- eight (28), inclusive, NORTHERN LIGHTS SUBDIVISION, AMES, STORY COUNTY, 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. 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 GRAND ��" O GJ 35 �\ INVESTORS, L.L.C., to the CITY OF AMES, IOWA, and approved by the City Council of the CITY OF AMES, IOWA, on May 13, 1997. Any changes made to the 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 GRAND INVESTORS, L.L.C., or its designee. No building, outbuilding, wall or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition, change or alteration be made to any such structure until the plans and specifications thereof, showing the nature, kind, shape, height, materials and location have been submitted to and approved in writing by GRAND INVESTORS, L.L.C., or by an Architectural Control Committee comprised of two or more representatives appointed by GRAND INVESTORS, L.L.C. or their successors in interest. 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 GRAND INVESTORS, L.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. 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. 2 9�- 06535 5 4. OFFENSIVE TRADE. No obnoxious or offensive trade shall be carried on upon any lot, nor shall anything be done on any lots 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 the 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. No trash burning shall be permitted on any lot. 7. GARDENING. Gardening shall be permitted in individual backyards only. 8. NO MOBILE HOMES. No mobile homes shall be placed on or erected on 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 decorative fence or both and will be subject to the provisions of paragraph 2 hereof. 10. SEASONAL OR RECREATIONAL VEHICLES. All campers, snowmobiles, boats, mowers, motor homes, fold-down campers and 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 height of eight feet shall be parked or kept on any lot. 3 9'1.- 0653's (c,J 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 or 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 backyards only. 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 17 and 18, Lots 19 and 20, Lots 21 and 22, Lots 23 and 24, Lots 25 and 26, and Lots 27 and 28. These party walls form a common wall between said lots and a boundary between them. Each such wall 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 4 sharing such party wall an easement over, across and under that portion of such owner's lot on 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 party wall. Any party who engages in construction or repair work with respect to a party wall shall have the right to enter 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 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 Iowa Code Chapter 679A, as amended. 14. ROOFS. Those lots sharing the party wall also share the roof which lies immediately above said party wall. Each owner of a lot sharing such party wall shall share in the expense of replacing said roof proportionately based on the square footage of their respective units. The parties shall jointly make decisions regarding the color and style of roofing material. 5 9'1- 06535 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 Iowa Code Chapter 679X as amended. 15. ABUTTING DRIVEWAYS. The following lots may have abutting driveways: 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 17 and 18, Lots 19 and 20, Lots 21 and 22, Lots 23 and 24, Lots 25 and 26, and Lots 27 and 28. If and when it becomes necessary to repair or rebuild the whole or any part of a driveway serving any of these lots, the replacement or repair shall be done at the expense of the property owner on whose lot the driveway lies. Repairs and replacement shall be of the same or similar material and quality as that used on the original driveway. Any party who engages in construction or repair work with respect to an abutting driveway shall have the right to enter on the property of the abutting landowner to the extent that it is reasonably necessary in connection with that work. Any controversy or claim arising out of or relating to an abutting driveway shall be settled by arbitration administered pursuant to the provisions of Iowa Code Chapter 679A, as amended. Each party shall be responsible for all maintenance, including snow removal, of the driveway on their lot and these activities shall be performed in a way that shall not infringe on the use of the abutting driveway. 6 `��- OG535 tq 16. INSURANCE. Each lot owner shall maintain property insurance in an amount at least equal to the assessed value of the improved lot and liability insurance in an appropriate amount. Each lot owner shall provide proof of insurance to the lot owner sharing the party wall and roof on request. 17. 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. 18. 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. 19. 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. 20. 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 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. 7 l� - o65�5 ��© J 21. 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 day of 1997. GRAND IN �STOR , t.L.C. N _ By -� ;avid M Klatt, M ber7Bnald C. Stenberg, er STATE OF IOWA ) )ss: COUNTY OF STORY ) On this L' day of , 1997, before me, a Notary Public in and for said county, personally ap ared David M. Klatt and Ronald C. Stenberg, to m e personally known, who being by me duly sworn did say that they are members of said Grand Investors, L.L.C., and that said instrument was signed on behalf of the said Grand Investors, L.L.C., by authority of its managers, and the said David M. Klatt and Ronald C. Stenberg acknowledged the execution of said instrument to be the voluntary act and deed of said Grand Investors, L.L.C., by it voluntarily executed. ^r DEBORAH KM UT" r MY COMMISSION s iotdry_T� blic in an for t e State of Iowa ONP I 8