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Home My WebLink AboutA001 - Council Action Form dated July 14, 1992 ITEM #: L > DATE: 07/14/92 COUNCIL ACTION FORM SUBJECT: Resolution Approving the Restrictive Covenants for Northridge Parkway Subdivision, 9th Addition, Et Sequentia. ACTION FORM SUMMARY: The City Council is being asked to approve the Restrictive Covenants for the Preservation of Natural Resources in Northridge Parkway Subdivision, 9th Addition, Et Sequentia. The Iowa Natural Heritage Foundation have approved these covenants. Staff recoamaends these covenants be approved. BACKGROUND: When the City Council approved the CDP for Northridge Parkway Subdivi- sion, 9th Addition, a stipulation to that approval required that the Iowa Natural Heritage Foundation be asked to help in the preparation of a preservation easement. This preservation easement would be designed to assist in the preservation of the wooded resource area along the westerly extent of the subdivision. The developers and staff met with representatives of the Iowa Natural Heritage Foundation to explain the issues regarding the easement. In working with the developers, it was determined that a Conservation Easement would not be agreeable to the developers, and therefore a Restrictive Covenant has been proposed as an alternative. The covenants contains restrictions that are applicable to three separate resource areas (systems) . These are categorized as follows: 1. Oak/Hickory Woodland 2. Degraded Woodland 3. Prairie The restrictions are generalized as follows: 1. Oak/Hickory Woodland - a. Limited construction with no foundations and less than 200 square feet in area. *, 2 b. No alteration of topography. C. Removal of firewood for personal use only. d. Limited planting of suitable species. 2. Degraded Woodland - a. Tree removal b. General restrictions 3. Prairie - a. Removal of non-native plants. b. Authorized burning. The Iowa Natural Heritage Foundation has approved of these covenants (a copy of the foundation approval letter plus the Covenant document are attached for your review). ALTERNATIVES: 1. The City Council can approve of the Restrictive Covenants for Northridge Parkway Subdivision, 9th Addition, Et Sequentia. 2. The City Council can deny approval of the Restrictive Covenants for Northridge Parkway Subdivision, 9th Addition, Et Sequentia. 3. The City Council can table this item and refer it back to City staff for further information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve of the Restrictive Covenants for the Preservation of Natural Resources in Northridge Parkway Subdivision, 9th Addition, Et Sequentia. Attachment h\bpo\caf\northrdg.714 RESTRICTIVE COVENANTS CONCERNING CONSERVATION AND PRESERVATION OF SCENIC, NATURAL AND AESTHETIC VALUE OF REAL PROPERTY WHEREAS, the undersigned are the owners of the following described real estate: All of the Southwest Quarter (SW 1/4) , of Section 28 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; located westerly and southerly of the right-of-way for County Road R-50, and EXCEPT that portion platted in the Second Addition, Northridge Parkway Subdivision to the City of Ames, Iowa; and WHEREAS, on November 12 , 1991 the Ames City Council approved a final conceptual development plan, and WHEREAS, the plan designates the approximate location of a stable boundary line, and it is understood that the portion of the real estate located West of the stable boundary line has scenic, natural and aesthetic value in its natural state and is to be designated as a "preservation area" , and WHEREAS, it is contemplated that the exact location of the stable boundary line will be designated on each final plat diagram as each final plat is subsequently approved by the Ames City Council, and WHEREAS, for the benefit of themselves and for the benefit of subsequent owners of the lots subdivided within the real estate described above, the owners desire to restrict the use of the real estate located West of the stable boundary line in its present natural condition; 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, that the following conservation and preservation covenants and restrictions shall apply to all of the real estate located West of the stable boundary line: 1. That the preservation area consists of three separate systems: a. Oak/Hickory woodland. b. Degraded woodland. C. Prairie. 2 . The Oak/Hickory woodland system is located within the preservation area of lots 169, 170, 171 and 172 of the final conceptual development plan. 2 3 . The following covenants apply to the Oak/Hickory woodland system: a. No structures with permanent foundations shall be constructed within the preservation area. Structures such as a Deck or Gazebo with non-permanent foundations and which shall not exceed two hundred (200) square feet in size are permitted. Any construction within the preservation area shall require the approval of the Board of Directors of Northridge Parkway Homeowners Association, Inc. Further, it shall be necessary to secure a building permit for any construction to ensure compliance with these covenants. b. Only natural materials, such as wood and limestone, shall be used in the construction of any structure within the preservation area and the general color of structures shall be brown or green or left to weather naturally. C. That no more than two hundred (200) square feet of area within the preservation area of each lot may be mowed. d. The topography of the land within the preservation area cannot be altered. e. Dead trees and branches within the preservation area may be removed for personal firewood use only. f. Live trees within the preservation area shall not be removed except for the control of disease, in the interest of public safety, or as recommended in a management plan authorized by the Story County Conservation Board `or the Iowa Natural Heritage Foundation. g. Only plants which are native to the Iowa Oak/Hickory woodland system shall be planted within the preservation area. 4 . The Degraded woodland system is located within the preservation area of lots 40, 41, 43 , 48 through 58 and 100 through 109 of the final conceptual development plan. Owners of the lots may remove standing trees within the preservation area of the Degraded woodland system. 5. The Prairie system is located within the preservation area of lots 42 , 46 and 47 of the final conceptual development plan. The following covenants apply to the Prairie system: a. Exotic non-native plants and woody encroachment within the preservation area may be removed through burning or cutting or methods other than digging; otherwise no sod or plants may be removed. 3 b. The preservation area shall be burned or mowed as prescribed by the Story County Conservation Board or the Iowa Natural Heritage Foundation. C. Non-native plants cannot be planted within the preservation area. d. Only seeds from the preservation area site may be used for replanting or for new plantings. 6 . The following covenants shall apply to all three systems and all preservation areas: a. Tree removal and any construction shall be done in a manner to protect the topography, soil erosion, water quality, fish and wildlife of the area. b. Current and future significant archeological sites as identified by the state archeologists shall not be disturbed in any manner. C. The Northridge Parkway Homeowners Association shall be responsible for monitoring and approving the activities, actions, and uses within the described preservation areas all in accordance with the provisions in these covenants. d. Any trails shall be established only upon approval of the Homeowners Association or the City of Ames. e. The westerly seventy-five (75) feet of the preservation areas shall be available for public access and identified as "The Greenbelt Area" along Squaw Creek. That all of these restrictions shall be deemed to be covenants running with the land and shall endure and be binding on the parties hereto, their successors and assigns, for a period of twenty-one (21) 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. The City of Ames shall have the right to file a claim to continue its interest in these covenants. That in case of violation of any of the covenants, any person or persons then owning a lot encumbered by a preservation area 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. That invalidation of any of these covenants by judgment or court order shall in no way affect any of the other but shall remain in full force and effect. RECEIVE JUN 16 1992 CITY OF AMES,IOWA DEPT.OF PLANNING&HOUSING �ii CITY OF AMES , IOWA 50010 I I July 24, 1992 Mr. Don R. Newbrough Attorney at Law 612 Kellogg P.O. Box 30 Ames, Iowa 50010 Re: Northridge 9th et seq. Subdivisions, Conservation Covenant and Cul-de-sac Parking Covenants Dear Don: This is to confirm our telephone conversation of this morning. First, I concur with your observation that the Northridge Cul-de-sac parking agreement now recorded at Book 303, pp 319-321 applies to ". . . all Northridge Parkway Subdivision Additions . . ." and therefore there is no need to record another with respect to the 9th and following additions. Second, you informed me that the conservation covenant has not been executed, but you will bring it to the attention of the land owners and leave it up to them to decide. You noted that recording the conservation covenant will cause extra work for surveyors and attorneys in the final platting process. Specifically, it will be necessary for the surveyor to determine exactly where the conservation line is positioned in relation to the lots to be platted, and show the location of that line across the final plat of lots. It will be necessary for the attorney opin- ion to note the covenants as an "encumbrance" pursuant to Section 409A.11(3) . However, that extra work is deemed justified because recording the covenant now serves the function of giving notice of the restriction to any grantees of the land, both during and after the platting process. It is my belief that the City will not approve an administrative plat, or authorize the issuance of any build- ing permits, until the conservation covenant is executed and recorded because the conservation covenant was a factor that induced the City Council to approve the conceptual development plan for the subdivision. Yours truly, Joh R. Klaus City Attorney 515 Clark Avenue, P.O. Box 811 Ames, Iowa 50010 (515) 239-5146 JRK:dls cc: Nancy Dionigi Brian O'Connell AMES - THE CENTER OF IT ALL - a F IOWA NATURAL HERITAGE FOUNDATION 444 Insurance Exchange Building/505 Fifth Avenue/Des Moines,Iowa 50309-2321/515 288-1846 "FOR THOSE WHO FOLLOW" June 8, 1992 D.R. Newbrough 612 Kellogg Ames, Iowa 50010 Dear Mr. Newbrough: We have received the corrected covenants regarding the Northridge Subdivision attached to your letter dated May 29, 1992 . As presented, these covenants have included our requested changes and meet with the approval of the Iowa Natural Heritage Foundation staff. Ple e/Iet us now if we can be of further assistance. S * cere'l M/r C. AckIelson Associate Director cc Brian O'Connell from grow CIj Y GIFANIES, IOWA DFPT.OFF PLANNING I.''"G u.5ccondDcw,lV, ® 100%recycled paper