HomeMy WebLinkAboutA012 - Declaration of Use Restriction for Lots 1 and 18 _ 09337
/ STORY COUNTY, IOWA
/V DECLARATION OF USE RESTRICTION FOR FILED FOR RECORD 37
�J d LOTS 1 AND 18 a
� IN FINAL PLAT OF -Nd APR 15 1992 PU
PRAIRIE WEST _ JI ��
AMES, STORY COUNTY, IOWA SU$AN L VANDE KAW,
Re—
Recordmp Fee S.
AWhoes Fee$This Declaration is made this 17th day of March, 1992, by
Ames Housing Associates Limited Partnership, (hereinafter "Ames
Housing Associates" )
WITNESSETH:
WHEREAS, Ames Housing Associates is the owner of certain pro-
perty in the City of Ames, Story County, Iowa, described as Lots 1 and
18 , Final Plat of Prairie West an
Official Plat, now included in and forming a part of the City of Ames ,
Story County, Iowa (hereinafter referred to as "Property" ) , and
WHEREAS, it is agreed that the Property shall be held , occupied,
sold and conveyed subject to the following general use restriction as
well set forth in this Declaration in the following manner:
ARTICLE I .
GENERAL USE RESTRICTIONS
Use of Recreational Facilities and Open Spaces . The owners , suc-
cessors in interest and/or assigns , if any, of Lots 2 through 17 ,
inclusive of Prairie West, an Official Plat, now included in and
forming a part of the City of Ames , Iowa, shall have the right of
access to and use of those recreational facilities and open spaces , if
any, as constructed on Lots 1 and 18 , in Prairie West, and as have
previously been approved pursuant to the provisions of the Planned
Unit Development (P.U .D . ) classification in the Zoning Ordinance of
the City of Ames , Iowa, as it now exists or may hereafter be amended,
modified, or changed .
ARTICLE II .
o ENFORCEMENT OF COVENANTS
i
A. Legal Action . These Covenants shall be deemed to run with
the land to which they apply and all improvements thereon. The
6 owner of any Lot, or any portion thereof , to which these Covenants
a and Restrictions apply; the owners of Lots numbered 1 through 35 ,
Ln inclusive, in the Final Plat of the First Addition, Prairie View
N Subdivision, an Official Plat, now included in and forming a part
0 of the City of Ames , Story County, Iowa; and the City of Ames ,
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Iowa, a Municipal corporation, shall have the right to require
compliance and said party or parties may bring an action in any
Court of competent jurisdiction to enforce these Covenants and
enjoin their violation, mandate their compliance or to recover
damages for breach thereof or for any other remedy or combination
of remedies recognized at law or in equity. Party, or parties, who
shall not prevail, shall have reasonable attorney fees, plus costs
advanced, in any litigation or threatened litigation, entered
and/or taxed against said party or parties as a result of said
litigation, or threatened litigation, to enforce, enjoin, or
require compliance as referred to herein.
B. Conflict With Governmental Regulations. All property
subject to this Declaration shall also be subject to any and all
regulations of the City of Ames, Iowa and any other governmental
ordinances, subdivision ordinances, building codes and other such
regulations. Whenever there is a conflict between the provisions
of these Covenants and the ordinances, statutes or regulations of
the City, County, State, Federal or other applicable governmental
entity having jurisdiction over the Final Plat of Prairie west
that provision which is most
restrictive shall be binding.
ARTICLE III.
TERM OF COVENANTS
Reasonable Period for Enforcement. If any of the terms of this
Declaration shall be held by a Court of competent jurisdiction to
be void or unenforceable by reason of the period of time herein
stated for which the Declaration may be effective, such terms shall
be reduced to a reasonable period of time which shall not violate
the rule against perpetuities as set forth in the laws of the State
of Iowa or other applicable law, all as determined by the Court.
AMES HOUSING ASSOCIATES LIMITED
PARTNERSHIP
By: Mid-Land Residential ntures,
Inc. , a Kansas Corpora n, It's
General Partner
By:
Bruce L. Christenson, It's
President Declarant
2 -
BOOK PACE�=---
STATE OF KANSAS )
ss
COUNTY OF SHAWNEE )
1992
On this 17th day of March , -1-"I, before me,
the undersigned , a Notary Public in and for the State of Kansas,
personally appeared Bruce L. Christenson, to me personally known,
who being by me duly sworn, did say that he is the President of
Mid-Land Residential Ventures , Inc . , a Kansas Corporation; that no
seal has been procurred by said Corporation; that said instrument
was signed on behalf of said Corporation, said Corporation acting
by authority of it' s Board of Directors; and that the said Bruce L.
Christenson, as such Officer, of Mid-Land Residential Ventures,
Inc . , acknowledged the execution of said instrument to be the
voluntary act and deed of said Mid-Land Residential Ventures , Inc. ,
a Kansas Corporation, by it and by him voluntarily executed.
,•' ,�ti J. RUB•.,
0: NOTARY
PUBLIC Notary Pub in and for the
W
Stat of Kansas
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