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HomeMy WebLinkAboutA009 - Restrictive Covenants dated May 13, 1991 • S S RESTRICTIVE COVENANTS WHEREAS, the undersigned are the owners in fee simple of real estate contained in Fourth Addition to Orchard Estates Subdivision of Ames, Iowa, and WHEREAS, for their own protection and for the benefit of subsequent owners of the lots within the said Subdivision, said owners desire to restrict the use thereof in certain particulars . NOW, THEREFORE, the parties hereto, in consideration of the covenants and agreements of each other, by these pre-sents covenant, bargain and agree and for their successors and assigns, as follows: 1. That all lots shall be used for single family residential purposes. That all residences constructed on the said real estate shall be of new construction only. 2. That single story or- split-foyer style residences shall cover a ground floor area of at least 1,500 square feet; a split- level style residence shall cover a ground floor square foot area of at least 1,500 square feet, and a two-story residence or one and one-half story residence shall contain a minimum of 1,800 square feet of finished area in addition to the basement. The finished area to be included shall have a ceiling height of 8 feet or more. All homes shall have a minimum of a two car garage. In the computation of floor area, the same shall not include porches, breezeways or garages. 3. That no trailer, basement, tent, shack, garage, barn or other outbuilding erected on said lots shall at any time be used as a residence either temporarily or permanently nor shall residences of a temporary character be permitted. BOOK 9a- 2 4. That no building be erected on a residential building lot nearer than 25 feet to the front lot line, nor nearer than 6 feet to any side lot line. On corner lots no structure shall be permitted nearer than 15 feet to the side street line. 5. That the rear 5 feet of each lot within the subdivision shall be subject to surface drainage easements. 6. That owners and developers of Fourth Addition to Orchard Estates Subdivision or their successors shall approve all plans prior to construction in reference to architectural character and design. 7 . That no obnoxious or offensive trade shall be carried upon any lot, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. 8. That 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. 9 . That no above ground nor non-permanent swimming pools shall be permitted on any lot. 10. That no recreational vehicle nor boat shall be parked on a lot for a period of time longer than 48 hours. 11. That no rubbish containers shall be visible from the street except on pickup day and one day before and one day after pickup day. 12 . That 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 _ y�,Aa BWK E...--�._ _ __ 3 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. 13. That no residential lot shall be subdivided into additional building lots. 14. That all restrictions shall be deemed to be covenants running with the land and shall endure and be binding upon the parties hereto;- their successors or assigns, until May "I, 2011, at which time the said covenants shall be automatically extended for successive periods of 20 years unless if by vote of the majority of the then owners of the lots it is agreed to change the said covenants in whole or in part. 15. That in case- of any violation of the said covenants, any person then owning a lot in said subdivision, or 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 the person so violating said covenants. 16. That invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 17. That Section 614.24 of the Code of Iowa (1989) specifically provides that no action shall be maintained to recover or establish any interest therein or claim thereto on any of these Restrictive Covenants after 21 years from the recording thereof unless a verified claim is filed within said 21 year period. Any KOOK PAGE 4 one lot owner, now or at a future time during the period of these Covenants are in force, is authorized and empowered to file a verified claim in the County Recorder's Office, Story County, Iowa, which shall be done prior to May 1, 2011, and in accordance with the provisions of Section 614.24 of the Code of Iowa (1989) . A filing of such verified claim shall extend the enforcement period of such Covenants for an additional 21 years from and after the expiration of the first period pursuant to Section 614.25 of the Code of Iowa (1989) . Dated this day of -yY1 , 1991. Er n A. Hu ziker " Mar are H. Hunziker Donald M. F rman Ruth W. Furman STATE OF IOWA ) ) ss. COUNTY OF STORY) On this 1341'\ day of , 1991, before me, the undersigned, a Notary Public6Ln and for said County and State, personally , appeared ERBEN A. HUNZIKER and MARGARET H. HUNZIRER, husband and wife, and DONALD M. FURMAN and RUTH W. FURMAN, husband and wife, tome known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. o�p CliMSTINEA.HUNZ KER Oh Ti qurd- A- N-t,UA-- l NOTARY PUBLIC - STATE OF IOWA !OYlp �7 9 BW PAGE, ...._....