HomeMy WebLinkAboutA003 - Restrictive Covenants J,
RESTRICTIVE COVENANTS CONCERNING o
CONSERVATION AND PRESERVATION OF
SCENIC, NATURAL AND AESTHETIC VALUE OF REAL PROPERTY
WHEREAS, the undersigned are the owners of the following
described real estate:
02315 All of the Southwest Quarter (SW 1/4) , of
T. NO. Section 28 - T84N - R24W of the 5th P.M. , in
STORY COUNTY, IOWA the City of Ames, Story County, Iowa; located
FILED FOR RECORD westerly and southerly of the right-of-way for
V AUG 2 4 IW2 County Road R-50, and EXCEPT that portion
�� � latted in the Second Addition, 'Northridge
JSANL.VANDEKAMP,RBOOa___ Parkway Subdivision to the City of Ames, Iowa;
and
ording Fee$
.^--. .r; WHEREAS, on November 12 , 1991 the Ames City Council
itor'sFee$ -a final conceptual development plan, and
WHEREAS, the plan designates the approximate location of
a preservation area line, and it is understood that the portion of
the real estate located West of the preservation area 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 preservation area 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 preservation area 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 preservation area 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.
BM 3 3 PAGE..L-
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.
BOOK PAGE 34�-_
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 provisions,
but shall remain in full force and effect.
BOOS( -'�1.�PAGE �T�
4
Dated this day of �/q 1992 .
L
rben A. Hunziker Donald M. Furman
ALA-
Marg re . Hunziker Ruth W. Furman
BUCK CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC.
Y1 rt Y BY-
`,� BY• �"' �, � �
obert O. Buc President Robert K. Friedrich, President
V
BY �( By:
-
; �' Annd K. Buck, Secretary Rlelnhard K. F'i-iedrieh, Secre ary
STATE OF IOWA, STORY COUNTY, ss:
On this ay of
—=:ii14
1992, before me, a No ary Public in and fc& said County and 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
f
`:they. ;6xecuted the same as their voluntar act and deed.
a. f
c h.
fir;' NOTARY PUBLIC In an ,For The State Iowa
IOWA, STORY COUNTY, ss:
On this `" day of 1992, before me,
the undersigned, aa- N tary Public in aJd
for the State of Iowa
personally appeared Robert 0. Buck 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
SWK 3.3 f PAGE 'S Ihp-
5
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 0. Buck and Anne K. Buck as officers acknowledged the
execution of the foregoing instrument to be the voluntary act and
d`e of the corporation, by it and by them voluntarily executed.
:LV
o �
c--"NOTARI PUB'(L+���C In//a�`nd For Th State of Iowa
1t: tVJ6- a 0-91 k,/
`40F IOWA, STORY COUNTY, ss:
On this day of 1992 , before me,
the undersigned, a Wotary Public i and or the State of Iowa,
personally appeared Robert K. Friedrich an 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 them voluntarily executed.
T ��• NOTARY PUBLIC In and. For The State of Iowa
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.�----- --PAGE
AMENDMENT TO BY-LAWS
OF
NORTHRIDGE PARKWAY HOMEOWNERS ASSOCIATION, INC.
That all references in the By-Laws to "Articles of
Incorporation" shall include any amendments thereto.
The foregoing Amendment was adopted by a majority vote
of the votes cast at a duly called meeting of the members of the
Association. The meeting was held on the 25th day of February,
1992 . A quorum was present.
Dated May 1992 .
Glenn Bastiaans, Secretary of
NORTHRIDGE PARKWAY HOMEOWNERS ASSOCIATION,
INC.
STATE OF IOWA )
ss:
COUNTY OF STORY )
Subscribed and sworn to before me by the said Glenn
Bastiaans this
day of May, 1992 .
4e KAREN K.ELLIOTT
MY COMMISSIO EXPIRES y �C
5 - - NOTARY PUBLIC in and for the State of Iowa.
RECEIVED
1 JUNI 61992
' CITY OF AMES,IOWA
DEPT.OF PLANNING&HOUSING
October 22, 1991
City of Ames
Eden Schmitt
Planning and Housing
Re:Northridge Parkway
Subdivision 9th Et Sequiter
This is to advise you that the developers of above
subdivision hereby grant permission for the I .S.U. staff and
or students to research the area of about 10 acres in the
Northwest corner of above subdivision for any archaeological
finds . We understand that this would be at no cost to us and
that none of the area would be given for public use after
this surface collection and research.
This privilege will be extenLDona�lZdM.
for a period of 2 ears
after above date.
Erb n A. Hunziker Furman
Mar are, H. Hunziker<,_ Ru h W. Furman
BUCK CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC.
By.,��� �� �, By
Ro rt 0. Buck, President Robert K. Friedrich,
P id nt
Anne' K. Buck, Secretary R nhard K. Friedrich,
Secretary
cc:David Gradwohl
Iowa State University RECEIVED
JUN 1 6 1992
CITY OF AMES,IOWA
DEPT.OF PLANNING&HOUSING