HomeMy WebLinkAboutA008 - Restrictive Covenants 1 ,
RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners of the lots
contained in Fourth Addition, Northridge Parkway Subdivision to
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, any reference hereinafter made to "Lot" or
"Lots" refer only to Lots 1 through 9 and shall not include Lot
10.
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 residential purposes.
2 . That all residences constructed or to be permitted
to remain upon Lots 1 through 9 shall meet the following
requirements:
a. One-story residences or split entry residences
shall have a ground floor finished area of not
less than 1, 200 square feet.
b. One and one-half story residences or split-
level residences shall have a ground floor
finished area of not less than 1, 100 square
feet and a total finished area on the ground
floor and the second floor of not less than
1, 600 square feet.
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 1,500 square
feet.
d. The computation of the floor area shall not
include porches, breezeways, or garages.
3 . That none of the lots shall be subdivided for the
purpose of constructing more than one residence on each lot;
however, parts of lots may be conveyed to adjoining lot owners for
any other purpose.
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4 . 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 Erben A. Hunziker, Donald M. Furman, R.
Friedrich and Sons, Inc. , and Buck Construction Company, Inc. ,
hereinafter referred to as "Developers" or by an Architectural
Committee composed of 3 or more representatives appointed by the
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, or their designated committee, 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 Fourth Addition, Northridge Parkway Subdivision to Ames,
Iowa, the requirements imposed by this Paragraph shall terminate.
5. 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 garages.
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 above ground nor non-permanent swimming
pools shall be permitted on any lot.
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h. No building nor a 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.
i. No recreational vehicle nor boat shall be
parked on a lot for a period of time longer
than 48 hours.
j . No rubbish containers shall be visible from the
street except on pickup day and one day before
and one day after pickup day.
k. 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.
1. 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.
M. 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. In addition to the sod and
seeding, the owner of the lot shall expend the
sum of $1, 000. 00 for additional landscaping and
if there are no trees on the lot, the
additional landscaping shall include at least
two 2-1/2 inch caliber trees.
n. 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.
6. There shall be no fences constructed on either side
of the bike path easement located along the West 20 feet of Lots
64, 7, 8, and 9. M c;2 7/PPAGE
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7. 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 any interest in the covenants
are filed as provided by law.
8. That in case of violation 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.
-9. 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 fulJ force and effect.
Dated at Ames, Iowa, this ay of , 1991.
Erben A. Hunziker Donald M. Furman
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Ma ga H. Iiilnziker Vi4h W. Furman
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BUCK CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC.
i ,: � -"'Robert O• Buck, President Rob rt K. Fr' drich, President
Anne K. Buck, Secretary nhard K. Friedr ' h, Secreta
STATE OF IOWA, STORY COUNTY, ss:
On this 112 - " 'day of /�'J!� , 1991, before me,
a Notary Public in a`" n�� for said County d State, personally
appeared Erben A. Hunziker and Margaret H. Hunziker, husband and
wife, and Donald M. Furman and Ruth W. Furman, husband and wife,
to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that they
executed the same as their vo tary ac a deed.
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STATE OF IOWA, STORY COUNTY, ss:
On this day of /7- 1991, before
me, the undersigned, a Notary Public in and Ifor the State of Iowa,
personally 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 the corporation
executing the within and foregoing instrument to which this is
attached, that the seal affixed thereto is the seal of the
corporation; that said instrument was signed and sealed on behalf
of the corporation by authority of its Board of Directors; and that
Robert O. Buck and Anne K. Buck as officers acknowledged the
execution of the foregoing instrument to be the voluntary act and
',`do-'�d of the corporation, by it and by them voluntarily executed.
Y
TARY PUBLIC In and Fo�reV/ he S ate of owa
'•SB ® c``TOWA, STORY COUNTY, ss:
On this day of �I , 1991, before
me, the undersigned, a Notary Public in ancl for the State of Iowa,
personally appeared Robert K. Friedrich and Reinhard K. Friedrich,
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 to which
this is attached, 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 Robert
K. Friedrich and Reinhard K. Friedrich as officers acknowledged the
execution of the foregoing instrument to be the voluntary act and
deed of the corporation, by it and by m voluntarily executed.
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4-> Y NOTARY PUBLIC In and or The St e of Iowa
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