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Home My WebLink AboutA007 - Restrictive Covenants and Regulations for Somerset Garden Apartment Association Instrument prepared by: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, Iowa 50010; (515) 233-3000 RESTRICTIVE COVENANTS AND REGULATIONS FOR SOMERSET GARDEN APARTMENT ASSOCIATION IN SOMERSET FIFTH ADDITION WHEREAS,the undersigned are the owners of the lots and common area contained in Somerset Subdivision Fifth Addition to Ames, Iowa; and WHEREAS, for their own protection and for the benefit of subsequent owners of lots within said subdivision, the said owners desire to restrict the use thereof in certain particulars; NOW, THEREFORE, the parties hereto, in consideration of the covenants and agreements,by these presents, covenant,bargain and agree among themselves and for their successors and assigns, as follows: 1. 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 to 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, 1992; and 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. The following restrictions shall also constitute covenants: a. No mobile homes shall be placed or erected on any lot. b. No pre-fabricated dwelling shall be moved onto any lot,except that wall sections may be used. C. 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. 9 9 - 12 ) d. Trash receptacles or other outside structures shall be properly screened by shrubbery,by a decorative fence, or both. e. All building structures or improvements of any kind must be completed within twelve (12) months of the commencement date of the construction. f. No swimming pools shall be permitted on any lot. (This does not include Outlot HH.) g. No building or structure of temporary character and no trailer,basement, tent, shack, garage or outbuildings shall be used at any time as a residential dwelling on any lot, either temporarily or permanently. h. No recreational vehicle or boat shall be parked on a lot for a period of time longer than 24 hours. i. No rubbish containers shall be visible from the street except on pickup day. j. No extension towers nor 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. k. 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. 1. Following construction of the residential dwelling on any lot,the entire lot shall be sodded. In addition to the sod, the owner of the lot shall install landscaping as per Somerset requirements. All landscaping plans must be approved by the Village Architect. Additional landscaping to be placed in front yards shall be approved by the Somerset Garden Apartment Association. in. 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 the lot, whichever occurs first. n. Textured shingles shall be used on all roofs. 2 9 9 - 12 1 69 (a�.l o. All build to lines and setbacks shall conform to the master Apartment plan. P. All homes shall be of design character consistent with the Architectural Guidelines. q. Mail boxes shall be located on or in buildings. r. The City shall not issue building permits without approval from Developers or Developers' architect. S. No animals,livestock or poultry of any kind shall be raised,bred or kept on any lot. Household pets may be kept only on registration with apartment management and execution of a pet owner agreement governing the keeping of household pets. 3. All of these restrictions shall be deemed to be covenants running with the land and shall endure and be binding upon all parties hereto, their successors and assigns, for a period of twenty-one (21)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. 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. 5. Invalidation of any of these covenants by judgment or court order shall in no way affect the validity of any of the other provisions, but they shall remain in full force and effect. Dated at Ames, Iowa this day of 1999. Erben unziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992 3 99 _ 2 1 69 � > i STATE OF IOWA, STORY COUNTY, ss: On this I (:: v . day OdA 1999,before me, the undersigned, a Notary Public in and for the State of Iowa,personally a peared 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. HILLAR':A.HOWARD COMMISSION EXPIRES , owe , 4ft�- otary Publi n and for the State of Iowa /J( onald M. Furman, as Trustee of the i?,�hW. rman, 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 day of , 1999 before me, the undersigned, a Notary Public in and for the State of Iowa, pe nally 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. ELARV A.HOWARD • COMMISSION EXPIRES otary Publ' n and for the State of Iowa R. Friedrich& Sons, Inc. By . mhard K. Frie e , Pr ident B Robert K. Friedrich, Chairman 4 99 - 1 2 1 69 �al STATE OF IOWA, STORY COUNTY, ss: On this day of 11 wa , 1999, before me, the undersigned, a Notary Public in and for the State of Io ,personally appeared Reinhard K. Friedrich and Robert K. Friedrich, to me personally known, who being by me duly sworn, did say that they are the President and Chairman , 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, 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. HILLAA'f A.SI N EXPIRES RD 1; MY COMMISSION EXPIRESall-m - Notary Pub1Q in and for the State of Iowa C:\cdrive\DSK\Somerset\Property Owners Association\Restrictcov-GwdenApt.wpd 5 9 9 - 1 2 1 69 VV \ i