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HomeMy WebLinkAboutA003 - Restrictive Covenants and Regulations for Single Family Homes 1 Document Prepared By: Deborah S. Krauth, P.O. Box 847, Ames, IA 50010-0847; 515-232-1761 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. � p 11165 ( 7) I ' 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. When dwellings have been constructed on all lots within Somerset Subdivision Second Addition to Ames, Iowa, the requirements imposed by this paragraph shall terminate. 2 9 7 -lius 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 65 feet wide and less may have a one-car garage subject to Developer approval. i. Country Houses may have an attached or detached garage. If garage doors face the street, the garage shall not be in the front of the Frontage Line. ii. Single Family Homes other than Country House may have an attached or detached garage. If garage doors face the street, the front of the garage shall be 18 feet or more back of the front of the house unless there is a six-foot or eight-foot front porch, in which case the front on the garage may be a minimum of ten feet back from the front line of the house. If any alley is provided at the rear of the lot, the garage and drive shall be off the alley and the garage front shall be 3 feet or more from the alley R.O.W.; however, a 15 foot setback for garages is recommended. d. No more than twelve inches of concrete block, poured concrete or wood foundation shall be exposed on any building unless such exposed material shall be painted or covered with brick, stone veneer or siding. 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. 3 9 -7 - 11165 CIS) 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. 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. Following construction of the residential dwelling on any lot, the front yard and side yard shall be sodded. Fifteen feet of the rear yard, measured from the rear of the dwelling structure, shall also be sodded. The remainder of the lot shall be seeded or sodded. In addition to the sod and seeding, the owner of the lot shall expend the sum of $500.00 for additional landscaping. All landscaping plans must be approved by the Developers. 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. Textured shingles shall be used on all roofs. 4 9-7- 11165 ( Z o) q. The front yard build-to line shall be 20 feet on Country Houses and 15 feet on Village Houses and Village Cottages. The minimum side yard setback shall be 5 feet and minimum rear yard setback shall be 15 feet on all single family homes. r. All homes may have a front porch 6 feet to 8 feet deep. The porch shall be in the front yard setback area. Porch width shall be at least 30% of the frontage of the house and no less than 12 feet in length. S. All roof pitches shall be 6-12 or greater. t. All homes shall be of colonial character including colonial muntins on all windows facing a street. U. Mail boxes shall be provided as per specification attached. V. The City shall not issue building permits without approval from Developers or Developers' architect. 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. 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 �� 1997.day of � � , 5 -7- 11165 ( Z �) -1/45-k Erben A `Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992 STATE OF IOWA, STORY COUNTY, ss: On thisd day of ( C. n,C� l�; 19 C.�` , 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, .� ,� of . �suslw 51 NLSONES )t�]nNotary Public m and for the State of Iowa OWP r�7 Donald M. Furman, as Trustee of the th 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: 19f �, before me On this � � day of ���`�,_,-�� , 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. Notary Public in and for the State of Iowa �s; JEAf�thiGf;:A,STOLEE MY COM",�ISSIOiV EXPIRES 6 R. Friedric By Rei ar K. Frfe-drlefi, Pre dent By Ro ert K. Friedr ft Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this day of 19 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, did say that they are the President and Vice President, respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by 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 tary Public in and for the State of Rowa JEANRI9r A.STOLEE MY CM SSVJ EXPIRES 9'7- 11165 ( z 3)