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Home My WebLink AboutA013 - Declaration of Use Restriction for Lots 2 through 17 093,38 INST.NO. / io STORY COUNTY, IOWA f FILED FOR RECORD J , O DECLARATION OF USE RESTRICTION FOR 38 LOTS 2 THROUGH 17 , INCLUSIVE ppR 15 92 PAs IN FINAL PLAT OF PRAIRIE WEST' , AMES STORY COUNTY IOWA 7AW L VANDE •Ruwaff Rewrdino Fee Aud1tses Fee$ 1992, This Declaration is made this 17th day of March , -1�1, by Mid-Land Residential Ventures , Inc . , a Kansas Corporation (hereafter "Mid-Land Residential" ) . WITNESSETH: WHEREAS, Mid-Land Residential is the owner of certain property in the City of Ames , Story County, Iowa, described as Lots 2 through 17 , inclusive, Final Plat of Prairie West, an Official Plat, now included in and forming a part of the City of Ames , Story County, Iowa ( "Property" ) , and shall be held, occupied, sold and conveyed subject to the following general use restrictions as well set forth in this Declaration: ARTICLE I . General Use Restrictions A. Single Family Residence. The use of Lots designated 2 through 17 , inclusive, in Final Plat of Prairie West, N Ames , Iowa, shall be limited to single family residential use . A family is defined as one or more persons occupying a Ln single dwelling unit . USes of land or structures customarily incidental and subordinate to the single family residential use as permitted by the City of Ames Zoning Ordinance are permitted unless prohibited or otherwise regulated by this N Declaration . a� b0 B. Garages . c� a Ln Use of lot for the single family residential use, shall N have as accessory to the residential use either an attached o two ( 2 ) car garage or a detached two ( 2) car garage located 0 upon the respective lot . b v C. Measurement of Setbacks . v A The minimum setbacks shall be measured from the Lot line E from which the setback is being measured to the nearest building or structure . No buildings or structures , except as for fences or mailboxes , if any, shall be constructed or v v BOOK 30713 PAGE_Y-2- maintained within the required minimum setback area. The definition of the terms "front yard" , "side yard" , "rear yard" , "building" , "structure" or other similar term relating to setbacks shall be the same as that definition then con- tained in the City of Ames Zoning Ordinance . D. Tents and Trailers . No tent, trailer, boat, camper , motor home , or truck rated larger than three-quarter ton or other movable or temporary structure or enclosure shall be maintained or parked on any Lot or street within public view for more than a cumulative of seven ( 7 ) days in any calendar year . E. Temporary Structures . There shall be no occupancy of temporary structures or partially completed structures . ARTICLE II . Special Use Restrictions In addition to the general use restrictions set forth in Article I above, the following specific use restrictions and building restrictions shall apply to the following described Lots : A. Lots 2 through 17 , inclusive, in Final Plat of Prairie West, , Ames , Iowa: ( i ) All homes shall have a minimum floor area of the main structure of any residence, exclusive of porches , garages , decks , patios , basements , and breezeways , finished or unfinished, of not less than one thousand five hundred ( 1,500) square feet for a one ( 1) story residence; one thousand eight hundred ( 1,800) square feet for a two ( 2) story, split level, or one and one-half ( 1 1/2) story residence or one thousand five -2- BOOK 3.._. PAGE - ,r hundred ( 1,500) square feet on the main floor for a ranch style home . Enclosed garage parking, if attached to the home, shall be for a minimum of two ( 2) cars . The above shall not prohibit a detached two ( 2) car garage. ARTICLE III . Enforcement of Covenants A. Legal Action. These Covenants shall be deemed to run with the land to which they apply and all improvements thereon. The owner of any Lot, or any portion thereof , to which these Covenants and Restrictions apply; the owners of Lots numbered 1 through 35 , inclusive, in the Final Plat of the First Addition, Prairie View Subdivision, an Official Plat, now included in and forming a part of the City of Ames , Story County, Iowa; and the City of Ames , 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 sub- ject to this Declaration shall also be subject to any and all regu- lations of the City of Ames , Iowa and any other governmental entities having jurisdiction, including, but not limited to, zoning 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 IV. Term of Covenants; Severability A. Duration. All of the foregoing Covenants , Conditions and Restrictions shall continue and remain in full force and effect at all times and as to Lots 2 through 17 , inclusive, in Final Plat of Prairie West, ; City Of Ames, Iowa, regardless of how title was acquired from the date of filing this -3- BOOS 30.7,3 PAGE_yj__ Declaration until January 1, 2011, on which date these Covenants , Conditions and Restrictions shall automatically be extended an additional ten ( 10) years (and extended for successive ten (10) year terms thereafter in the same fashion) unless after January 1, 2011, two-thirds ( 2/3) of the Lot owners of Lots 2 through 17 , inclusive, in the Final Plat of Prairie West and two-thirds ( 2/3) of the Lot owners in the Final Plat of the First Addition , Prairie View Subdivision, in writing, consent to terminate this Declaration or any part thereof , in which event this Declaration, or part thereof , shall be null and void, effective as of the date when the Consent is filed with the Recorder of Story County, Iowa. In determining ownership for the purpose of consent, the records of Story County shall be conclu- sive . B. Severability. In the event that any one or more of the terms or conditions of this Declaration shall be declared for any reason , by a Court of competent jurisdiction, to be null and void, such judgment or decree shall in no way affect, modify, change, abrogate or nullify any of the remaining Covenants , Conditions, Restrictions or terms not so expressly held to be void and the remaining parts of this Declaration shall remain in full force and effect. C. 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. -4- MID-LAND RESIDENTIAL VENTURES, INC. , a Kansas Corporation By: Bruce L. Chris'ten , It' s Presi t, Declarant -5- 3� _ �l N ! t STATE OF KANSAS ) ss COUNTY OF SHAWNEE ) 1992 On this 17th day of March 4491, 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. Rlj . WTOY m C Notary Pub c in and for the • State of Kansas L� C. eyv.J. • .. 6' �•g (7 F -6- WOK PAGE 9,21-