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HomeMy WebLinkAboutA003 - Consent, Dedication, and Protective Covenants dated April 1, 1965 BOOK'/: ,-PAGE N TN THE, BATTER OF ) FIRST ADDITION TO ) Consent, Dedication and Protective Covenants PEPPERIDGE SUBDIVISION ) OF THE CITY OF AMES, IOWA ) KNOW ALL MEN BY THESE PRESENTS: . That we, Carroll 0. Tweedt -and Mildred Tweedt, his wife, of Story County, Iowa, -do hereby certify that Carroll 0. Tweedt is the owner in fee simple of the .following- described real estate situated in Story County, Iowa, to. wit: Commencing. at the Southwest corner of- the Northwest quarter- of the Northwest •quarter of Section 8, Township 83 North, -Range 24 West of the 5th P. M. , Story County, Iowa, thence East along the South line of said Northwest quarter of Northwest quarter 164.0 feet, thence North 0 degrees 43 minutes- West 384.8 fe6t to the point of beginning; thence North 0 degrees 43 minutes West 150.0 feet, thence North 89 degrees 17 minutes 20 seconds East 131 .0 feet, .thence North 0 degrees 43 minutes West 134.0 feet, thence .North 89, degrees 17 minutes 20 seconds East 192.5 feet, thence South 0 deorees 43 minutes East 300.0 feet, thence South 89 degrees 17 minutes 20 seconds. West- 192.5 feet thence North 0 degrees 43 minutes West 16.0 feet, thence South 89 degrees 17 minutes 20 seconds West 131 .0 feet to the point of beginning, and .we do hereby acknowledge and declare that the subdivision of said real estate into lots and streets, as it �ppears on the accompanying plat, to be known as First Addition to Pepperidge Subdivision of the City of Ames, Iowa, is with our free consent and is in accordance with our. desires;. and we' '.do hereby dedicate and set apart all streets shown .on said plat to- the .perpetual._use of the public. A perpetual easement is hereby granted to. the City of Ames, Iowa, its assignees and licensees, for utility installation and mainten— ance, and -drainage over -the following: South 3.75 feet of Lot 1 , East.5 feet of Lot 1 , North 3.75 feet-of Lot 2, East 5 feet of Lots 2, 3 and 4 South 3.75 feet- of Lot 4 and West '5 feet_ of Lots 5 and 6, and North 3.75 feet of Lot 5 and South 3.15 feet of Lot 6, together with the right to trim any trees .along said tracts where necessary to secure sufficient clearance for utility wires. 'Said easement is granted upon the express condition that the party erecting and maintaining any uti=- lity shall assume liability for all damages to the above described property caused by the failure of said party to use due care in the exercise of the granted right. We do -also hereby create and `establish­i the ,following' protec- tive covenants and restrictions upon the above described real estate, which covenants and restrictions are to run with the land and shall be binding on all parties and persons owning any lots -in this subdivision until April 1 , 1990, atwhich time said protective covenants and restrictions shall be automatically extended for successive periods of ten years each unless by a vote of the majority of the 'then owners of the lots it is agreed to change the said covenants and restrictions in whole or in part: e d (a) All lots., described herein shall be known, described and . used solely as residential lots,', and no structure shall be erected on any residential building lot other than one detached single family dwelling not to exceed two, stories in .height and a' one or two car garage. (b) No building. shall be erected on any lot closer than thirty feet to, or farther than forty feet from, the front lot line, or closer than eight feet to any side lot .line; provided, however, the side lot line restriction shall not apply to a garage located on the rear one- quarter of any interior ,lot, ,and on a corner lot no garage shall be close er than ten feet to the side street 'line. (c). No' residential lot shall be re-subdivided into build- ing plots having less than seven thousand square feet of area or a width of. less than fifty feet at the building setback line. (d) No trailer, basement, tent, shack, garage, barn, or other out building on said tract-shall at any time be used as .a ,residence, temporarily or- permanently, nor shall any residence of a temporary char- acter be -permitted. (a) No building shall be erected on any lot unless the design and location .are in harmony with .existing structures and locations in the tract and does not violate any protective covenants and restrict- ions. No .dwelling shall be permitted on any lot having a ground floor square -foot area of less than seven hundred square feet in case of .a one story structure or less than six hundred square feet in case of a one' and one-half or. two story structure. (f) 'The title holder of each lot, vacant .or improved, shall keep his lot or. lots. free from weeds and :debris. (g) No ..obnoxious' or offensive. trade shall be carried on up- - on any lot- nor shall anything be done thereon which may be or become an annoyance or nuisance in the neighborhood. (h) If any of the covenants or restrictions herein contained contravene, or fail to. meet any of the requirements of, the Building Code . of. the City of Ames, Iowa, the latter shall control and such covenants and restrictions are hereby modified accordingly. (i) If the parties hereto or either of them, or their heirs or assigns; shall .violate or attempt to violate any of the covenants or restrictions herein before April 1 , 1.990, .it shall be lawful for anyother person or persons owning any other lot or lots in the subdivision to prosecute any proceedings at law or in equity against the person or per- sons violating or attempting to violate any such covenant or 'restriction either to prevent 'him or them from so doing or to recover damages or other dues for such violation. (j) Invalidation of any one of these covenants or restrict- ions by judgement or court order shall in -no wise affect any''-of the other- provisions , all ,of which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto set their hands this day of ,�_v , 1965. Carroll. 0. Tweedt Mildred Tweedt {�7at y4 //J /gyp BOOK..,..� PAGE.... � ` 1 AT¢'4QF I0.W SS. r kOt3NTY, OF 'STOR.YIN .). . ' On, this . ' ` day of `� �" , 1965 be ore me, a Notary Public in and for said Count ,- personally appeared Carroll O. Tweedt and Mildred Tweedt, his wife,/to:-me known to be the cal. persons named in and who executed the foregoing instrument, 'and ,acknowledged' that they executed the same as their voluntary act Viand .deeds Notary Public in and for Story County, Iowa :APPROVED BY THE CITY OF AMES , IOWA this U day of Z� , 1965. Mayor 1 .00 "` '� Clerk