HomeMy WebLinkAboutA015 - Restrictive Covenants dated March 15, 1982 r' U11Zf LE
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AILED FOR RECORD � M
/AM. MAY - 51982 P,..++" .'R E STRICT IVE C O V E N A N T S .
SUSAN L PORK Recorder
�► ",,MHEREAS, the undersigned are the owners in fee simple
of the real estate as described in the attached- Schedule "A" ; and
WHEREAS , for their benefit and protection and for the
benefit and protection of subsequent owners and adjoining property
owners, said owners desire to restrict the use of the real. estate
described in the attached Schedule "A" in certain particulars .
NOW, THEREFORE, the parties hereto, in consideration
of the covenants and agreements of each other, by these presents
covenant, bargain and agree and for their successors and assigns,
As follows :
I. That this restriction on the use of the said land
shall remain in effect and shall be deemed to be a covenant running
with the land and be binding on the parties thereto, their successors
and assigns , until January 1, 2002.
2. .That all of the real estate as set forth in the
attached Schedule "A" which is proposed to be hereafter rezoned
as R-3, Multiple Residence, shall only be developed and construrted ,
as a planned- unit development pursuant to Section 29 . 47 of, the
Municipal Ordinances. of the City of Ames, Iowa, and the undersigned
owners do hereby agree that they will not develop or construct
any buildings thereon in any manner other than as a planned unit
development unless and providing that the City Council of the
City of Ames , Iowa, by apprr.-)riate ordinances and resolutions ,
shall otherwise allow or permit the' said owners to develop or
construct in another manner. The subject land shall not be used
other than as a planned unit development as aforesaid unless at least
. 50% or more of the adjacent property owners consent in writing.
An adjacent property owner is defined as a property owner owning
a property on the South side of Top-a-Hollow Drive, West of Grand
Avenue. and East of Calhoun Drive extended South. A husband and
wife shall be considered one owner.
3. That in the ca. :'.'of any violation of said covenants ,
the City of Ames, Iowa, is specifically authorized to resort to
an action at law or equity for relief, either by injunction or in
damages ,- against said person or persons so violating said covenants ,
and adjacent property owners shall have the same right and author.-
ization. Are adjacent owner "s defined in paragraph. 2 above.
DATED this 15th dayof March \,
, 1982.
J. B. WALKER TRUST by UNION STORY F , a <,. .
TRUST SAVIN BAN TRUSTEE
ro Brin man, Executive a-
`'`�'`
• • ys
Vice-Pres' dent
Attes ed by:
%, •.• ;
--- _ _ s R. Michau Sr. Vice-President;
Dona1_aZ. urman
Warren E. Isr e
Ru h W: Furman Mary L, srael
BOOK
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DESCRIPTION
Tract 4 - R-3
Northwood Plaza
A part of the NE 1/4 of the SE 1/4 of Section 27 - T84N - R24W of
the 5th P.M. , in the City of Ames, Story County, Iowa; described as
follows:
"Commencing at the S.E. corner of the N 1/2 of 'the SE 1/4 of Sect ion 2
T84N - R24W of the 5th P.M. , in the City of Ames , Story County, Iowa; thence
S 890 08' 45" W, 70.0 feet along the south line of the N 1/2 - SE 1
said Section of
27; thence North, 582.7 feet along the west right-of-way4line
Of U.S. Highway #69 to the Point of Beginning; thence continuing North 73
feet along said right-of-way; thence Northwesterly, �7
the
right-of-way- and along an 8,525 foot radius curve, concave uwe9t y
rl , an
arc distance of 372.6 feet (the long chord bears N 016 15' 40" W, 372.57 feet) ;
thence .N 890 48' 35" W, 893.75 feet along the south line of Bloomington Road; thence S 00, 11 ' 25" W, 180.0 feet; thence S 890 48' 35" E, 231 .25
feet along the north line of a proposed street; thence S 000 00' 15" E,
256.6 feet along the east line of a proposed street; thence .S 88' 59' 4
671 .3 feet to the Point of Beginning. " . 0 E,
Tract contains 336,826 square feet = 7.73 Acres.
Description for zoning purposes from"Sheet 41 of the Northwood Plata
plans by Rudi/Lee/Dreyer dated January 19, 1982.
Kenneth D. J :ns en, P.E. , L.S. �' g
� a
i
Iowa
- - RCM F =1-e-#789O94- - - - - - -
RIEKE CARROLL MUL:LER ASSOCIATES, INC. OF' iOWA
January 21 , 1982
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BOOK �GE�..k2l.
;. , 535