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Home My WebLink AboutA015 - Amended and Substituted Restrictive Covenants and Regulations for Single Family Homes `792 '��'� WT.wa 11 ✓ � � MRY COUNTY,IOWA FILED FOR RECORD OCT 3 1 1997 OM 1 Audws M Fu$ Document Prepared By: Deborah S. Krauth, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 AMENDED AND SUBSTITUTED RESTRICTIVE COVENANTS AND REGULATIONS FOR SOMERSET SINGLE FAMILY HOMES - Second Addition - WHEREAS,the undersigned are the owners of the lots contained in Somerset Subdivision Second Addition to Ames, Iowa; and WHEREAS, for their own protection and for the benefit of subsequent owners of the lots within said subdivision, the said owners desire to restrict the use thereof in certain particulars. NOW THEREFORE,the parties hereto and in consideration of the covenants and agreements of each other, by these presents, covenant, bargain and agree among themselves, and for their successors and assigns as follows: 1. All lots shown as Village Cottages,Country Houses and Village Houses (single family dwellings) as designated in the final plat shall be known and described as residential lots and shall not be improved, used or occupied for other than private single family residential purposes, except that a church property including parking may be permitted in residential or commercial zones. All construction shall conform to Somerset architectural guidelines. 2. The residences to be constructed or to be permitted to remain upon Single Family lots that are 65 feet or less in width at the front building line shall meet the following requirements: a. One-story residences or split entry residences shall have a ground floor finished area of not less than 800 square feet. b. One and one-half story residences or split-level residences shall have a ground floor finished area of not less than 600 square feet and a total finished area on the ground floor and the second floor of not less than 900 square feet. C. Two-story residences shall have a ground floor finished area of not less than 600 square feet and a total finished area on the ground floor and the second floor of not less than 1,200 square feet. d. The computation of the floor area shall not include porches, breezeways or garages. 3. The residences to be constructed or to be permitted to remain upon Single Family lots that are in excess of 65 feet wide at the front building line shall meet the following requirements: a. One-story residences or split entry residences shall have a ground floor finished area of not less than 1,000 square feet. b. One and one-half story residences or split-level residences shall have a ground floor finished area of not less than 900 square feet and a total finished area on the ground floor and the second floor of not less than 1200 square feet. C. Two-story residences shall have a ground floor finished area of not less than 700 square feet and a total finished area on the ground floor and the second floor of not less than 1,400 square feet. d. The computation of floor area shall not include porches, breezeways or garages. 4. None of the lots shall be subdivided for the purpose of constructing more than one residence per lot. 5. No building,fence,wall or other structure shall be commenced,erected or maintained on any lot nor shall any exterior addition, change or alteration thereon be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in writing by Erben A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992; Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991; R. Friedrich and Sons, Inc., hereinafter referred to as 'Developers," or by an architect designated by the Developers. The primary guidelines for approval are that the plans and specifications reflect harmony of external design and location in relation to surrounding structures and drainage patterns in accordance with the storm water management plan. 2 q�' 11792 �2•� When dwellings have been constructed on all lots within Somerset Subdivision Second Addition to Ames, Iowa, the requirements imposed by this paragraph shall terminate. 6. The following restrictions shall also constitute covenants: a. There shall be no mobile homes placed or erected on any lot. b. No pre-erected dwelling shall be moved to any lot, except that wall panels may be used. C. All dwellings must have, at a minimum, a double attached garage, basement double garage or double detached garage. Lots may have a garage larger or smaller than the double garage only with architectural approval. d. No more than twelve inches of foundation shall be exposed. e. Any dog run, trash receptacle, tool shed or other outside structure of like nature shall be properly screened by shrubbery or by a decorative fence, or both. f. All building structures or improvements of any kind must be completed within twelve months of the commencement date of the construction. g. No above ground or non-permanent swimming pools shall be permitted on any lot. h. No building or a structure of temporary character and no trailer, basement, tent, shack, garage or outbuilding shall be used at any time as a residential dwelling on any lot, either temporarily or permanently. i. No recreational vehicle or boat shall be parked on a lot for a period of time longer than 48 hours. j. No rubbish containers shall be visible from the street except on pickup day and one day before and one day after pickup day. 3 Q��11'792 l3� k. No extension towers, no antennas of any kind shall be constructed, modified or permitted on any lot. Television or radio antennas are permitted on dwellings or garages if they are not visible from the street. 1. No noxious or offensive activities or 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. M. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats and other common household pets may be kept so long as they are not kept, bred or maintained for commercial purposes. Dogs must be tied, fenced or kept in a dog run or on a leash at all times. n. All landscaping plans must be approved by the architect and consistent with architectural guidelines. Additional landscaping to be placed in front yards shall be approved by Somerset Property Owners Association, Inc. o. When the City of Ames requires the construction of public sidewalks, the sidewalks shall be constructed within one year after the sale of any lot or at the time of occupancy of any dwelling on a lot, whichever occurs first. P. The City shall not issue building permits without approval from the architect and all development must be consistent with the architectural guidelines. 7. There will be no fences or barriers allowed in the rear ten feet or the side six feet on a rear or side lot line abutting a common area. Refer to Somerset architectural guidelines. 8. All of these restrictions shall be deemed to be covenants running with the land and shall endure and be binding upon the parties hereto, their successors and assigns, for a period of twenty-one years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. 4 ��' 11792 V-' 9. In case of violation of any of the covenants, any person then owning a lot in said subdivision or the City of Ames, Iowa, is authorized to resort to an action of law or equity for relief, either by injunction or in damages, against the person so violating said covenants. 10. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, but shall remain in full force and effect. Dated at Ames, Iowa, this 30 day of ��, , 1997. 5 ql--JLJL792 ��) -s E en A. Hunziker, as Trus e of the Erben A. Hunziker Revocable Trust dated July 28, 1992 STATE OF IOWA, STORY COUNTY, ss: On this day of (-7 e, 19 I before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992, as to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary. '` ° N ary Public in and for the State of lowil I1-141- �auc� Donald M. Furman, as Trustee of the Ruh W. Furman, Trustee of the Donald and Ruth Furman Revocable Donald and Ruth Furman Revocable Trust dated March 1, 1991 Trust dated March 1, 1991 STATE OF IOWA, STORY COUNTY, ss: On this --5 C N day of C` try', , 19 9?, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, as to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that the persons, as the fiduciaries, executed the instrument as the voluntary act and deed of the persons and of the fiduciaries. sf JeaN A sro�� rev cC,,,, No Public in and or the State of Iow ,, ry 6 q l' 11792 �l R. Friedriqh & So , I c. u—, By ,=' kpu, r Reinhard K. Friedrich, President By Ro ert&KRie ich, Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this 30 day of Q G �, 19 7, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Reinhard K. Friedrich and Robert K. Friedrich, Jr., to me personally known, who being by me duly sworn, id say that the are the President and Vice President, respectively, of the swo d y y in instrument that no seal has been procured corporation executing the within and foregoing b the corporation; that said instrument was signed on behalf of the corporation by y rp g authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K. Friedrich, Jr., as such officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. N ary Public in and for the State of IowT- JEANN7 f, 57T71 Er 7