HomeMy WebLinkAboutA007 - Restrictive Covenants dated November 10, 1978 _r ,
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RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS:
That Conservative Mortgage Company, an Iowa Corporation,
owner of Lots One (1) through Sixty-nine (69) in Southdale
3rd Addition to Ames, Iowa, being about to sell the said lots
included in said addition, and desiring to provide for the
continued attractiveness and desirability of all of these lots
in said addition, does hereby adopt the following restrictions
upon the use of each numbered lot in Southdale 3rd Addition to
Ames, Iowa, and does hereby covenant with each purchaser of any
of said lots that the provisions hereof will apply to all of the
lots in said addition.
1. That all of said lots shall be used for single family
residential purposes only, except Lots Thirty-nine (39) through
Fifty (50) inclusive, which shall be used for either single
family residential purposes or two family residential purposes
only. The exterior design of all two family residential units
constructed on Lots Thirty-nine (39) through Fifty (50) must
be submitted to Conservative Mortgage Company for its approval
prior to the construction thereof.
2 . No building shall be located on any lot nearer than 20
feet to the front or side street lot line. No building shall b
located on any lot further than 40 feet to the front or side
street lot line. No building shall be located nearer than 5
feet to an interior lot line except that a 3 foot side yard shal
be permitted for a garage located 40 feet or more from the
minimum building setback line. If all or a part of a lot or
lots are combined to create a larger tract than originally
platted, then the side line restriction shall apply on each side
of said newly created tract. For purposes of this covenant,
eaves, steps and stoops shall not be considered as a part of a
building, provided however, that this shall not be construed to
permit any portion of a building on a tract or lot to encroach
LAW OFFICES upon another lot, tract or easement.
PASLEY, SINGER,
PASLEY, HOLM
& TIM MONS � {' �� I
AMES, IOWA W0VJD�PA57
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3. No sign of any kind shall be displayed to the public
view on any lot, except signs of not more than five square feet
in area advertising the property for sale or rent, and except
signs used by a builder to advertise the property during the
construction and sales period.
4. No temporary structure,. trailer, basement, mobile
home, camper, tent, shack, garage, barn or other outbuilding
shall be used on any lot .at any time as a residence.
5. No lot shall be maintained or used as a dumping ground
for rubbish. Trash, garbage or other waste shall not be kept
except in sanitary containers. All incinerators or other equip-
ment for the storage or disposal of such material shall be kept
in clean and sanitary condition.
6. No animals, livestock or .poultry of any kind shall be
kept on any lot, except that dogs, cats or other household pets
may be kept if they are not maintained for commercial purposes.
7. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be
an annoyance or nuisance to the neighborhood.
8 . All lots shall be kept free from weeds and debris,
whether such lots are improved or unimproved.
9. No single story dwelling unit shall be erected having
a ground floor area (exclusive of open porches, breezeways
and garages) of less than 800 square feet. No split level,
split foyer, one and one-half story, or two story dwelling
shall be erected- having a ground floor area (exclusive of open
porches, breezeways, and garages) of less than 600 square feet.
10. Utility easements are reserved as shown on documents
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recorded in connection with the platting of Southdale 3rd
Addition.
11. These covenants shall run with the land and be
binding on all parties and all persons claiming by, through,
or under them, until January 1, 1995, •at which time said
covenants shall be automatically extended for successive twenty
LAW OFFICES
_ :PASLEY, SINGER, 'r (^''�
PASLEY, HOLM INK—)2 PAG `--�5a
& TIMMONS "`"��K.w�44...... 4,c
AMES, IOWA
year periods upon the filing of a verified claim by the owner
of any one lot in Southdale. 3rd Addition, pursuant to Section
614 . 24 Code of Iowa, unless a majority of the then owners of
the lots in the addition modify or terminate the covenants by
the execution and recording of an instrument in writing duly
acknowledged.
12. Enforcement shall be by proceedings at law or in
equity against any person• or persons violating or attempting to
violate any covenant or restriction either to restrain violation
or to recover damages.
13. Invalidation of any one of these covenants by Judgment
or court order shall in no way affect any of- the. other provisions
which shall remain in full force and effect.
IN TESTIMONY WHEREOF, the said Corporation has caused
these- presents to .be executed by its Attorney in Fact this
day of 1978,
CONSERVATIVE MORTGAG _ PANY
By
E. Patrick Dargis ttorney-
in-Fact
MINNESOTA
STATE OF U A)
HENNEPIN ) SS:
2WRY COUNTY )
On this /6tk' day of 1978, before me,
a Notary Public within and 'for said State, personally appeared
E. Patrick Dargis, to me personally known, who, being by me duly
sworn, did say that he is Attorney in Fact for the corporation
named in the foregoing instrument, and that the said instrument
was signed in behalf of said corporation by authority of its
Board of Directors, and said- E. Patrick Dargis as Attorney_,`in
Fact acknowledggd said instrument to be the free act and,.d(�-ed< .
of said corporation.
NOTARY PUBLIC "
CYNTHIA R. ELSTAU �1.--
et NOTARY PUBLIC—MINNESOTA
i HENNEPIN COUN[7
%ty Commission Expires Aug.10,1982
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PASLEY, HOLM
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AMES, IOWA
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