HomeMy WebLinkAboutA008 - Restrictive Covenants and Regulations for Somerset Town Center Instrument prepared by:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, Iowa 50010; (515) 233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SOMERSET TOWN CENTER
IN SOMERSET FIFTH ADDITION
WHEREAS,the undersigned are the owners of the lots and common area contained in
Somerset Town Center Fifth Addition to Ames, Iowa; and
WHEREAS, for their own protection and for the benefit of subsequent owners of lots
within said Town Center,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. All lots shown as Town Center lots as designated in the final plat of Somerset
Fifth Addition shall be known and described as commercial lots and shall not
be improved, used or occupied other than for commercial purposes. All
construction shall conform to Somerset architectural guidelines.
2. All building shall be in conformity with the retail regulations and shop area
regulations and use restrictions set by the City.
3. 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 and meet use restrictions set
by the City.
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4. The followingrestrictions shall also constitute covenants:
a. All building structures or improvements of any kind must be completed
within twelve (12) months of the commencement date of the
construction.
b. 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.
C. No recreational vehicle or boat shall be parked on a lot for a period of
time longer than 24 hours.
d. No extension towers nor antennas of any kind shall be constructed,
modified or permitted on any lot except those approved by Somerset
Architect.
e. 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.
f. The City shall not issue building permits without approval from
Developers or Developers' architect.
5. 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.
6. 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.
7. Invalidation of an of these covenants b judgment or court order shall in no
Y YJ l�
way affect the validity of any of the other provisions,but they shall remain in
full force and effect.
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1 69
Dated at Ames, Iowa this b TVL_ day of 1999.
Erbe A. Hunziker, as Trustee oft e
Erben A. Hunziker Revocable Trust
dated July 28, 1992
STATE OF IOWA, STORY COUNTY, ss:
On this I G�&. day o 1999,before me, the undersigned, a Notary
Public in and for the State of Iowa,personally ap eared 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.
HILLARY A.HOWARD
WCOMLISSIONJPORES
ow►.
otary Publi and for the State of Iowa
onald M. Furman, as Trustee of the Rut 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/ day of , 1999 before me, the undersigned, a
Notary Public in and for the State of Iowa, per ally 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.
HILLAR`P
A.HOWARD
CMMISSONXPREIES Notary Pu in and for the State of Iowa
owl,
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R. Friedri & Sons, Inc.
By
nhard K. Friedrich, President
B
Y
Rob'e�k K. Friedrich, Chairman
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,perso ally 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.
W—M�v* `�, HILLAR`+'A.HO`NARO
W COMMISSION EXPIRES
owe Notary Publi and for the State of Iowa
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