HomeMy WebLinkAboutA006 - Restrictive Covenants and Regulations for Somerset Single Family Homes Instrument prepared by:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, Iowa 50010; (515) 233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SOMERSET SINGLE FAMILY HOMES
IN SOMERSET SIXTH ADDITION
WHEREAS,the undersigned are the owners of the lots contained in Somerset Subdivision Sixth
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 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 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.
99- 13756 Cis)
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 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.
When dwellings have been constructed on all lots within Somerset Subdivision Sixth
Addition to Ames, Iowa, the requirements imposed by this paragraph shall terminate.
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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.
k. 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.
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.
99- 13756
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in. 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 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 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.
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
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.
a
Erben X. Hunziker, as Trustee of tlVe
Erben A. Hunziker Revocable Trust
dated July 28, 1992
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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,personally Wpeared 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 th 11jary a nd deed of the person and of the fiduciary.
t:� iC;RAUTH
„w colvMfssl ExP RES
4OWp
otary Public in and for the State of Iowa
onald M. Furman, as Trustee of the R 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:
On this day of^ , 1999 before me, the undersigned, a
Notary Public in and for the State of Iowa, rsonally 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.
""`a;P DEBORAI"!
MY MMIS N Ekr 'co
N "tary Pub is in and for the State of Iowa
99 - 13756 Ct��
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R. Friedrich & Sons, Inc.
By
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R and K. Friedrich, Presid t
By
Robert riedrich, Jr., Vice President
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?onally 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.
q61"L DEBORAH S. KRAUTH
MY OMMI PIRES
Notary Pu lic in and for the State of Iowa
�OWA
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