HomeMy WebLinkAboutA006 - Restrictive Covenants dated March 13, 1989 RESTRICTIVE COVENANTS
FIRST ADDITION, SOUTHWOOD SUBDIVISION TO AMES, IOWA
WHEREAS, the undersigned is the owner in fee simple of
all lots in FIRST ADDITION,, SOUTHWOOD SUBDIVISION TO AMES, IOWA,
and
WHEREAS, for its own protection and for the benefit of
subsequent owners of lots within said subdivision, the said owner
desires to restrict the use thereof in certain particulars,
NOW, THEREFORE, the undersigned hereby covenants and
agrees as follows:
1 . No building or structure of any nature shall be
commenced, erected or maintained upon the real estate, nor shall
any exterior addition to or change or alteration therein be made,
until the plans and specifications showing the nature, kind,
shape, height, materials and location of the same shall .have been
submitted to -and approved by the undersigned as to the harmony of
external design and location in relation to proposed surrounding
structures and to topography. All buildings and improvements
shall be of new construction only. No preexisting buildings
shall be permitted to be moved onto a lot, nor shall any trailer,
mobile home or other similar structure be placed upon any lot,
excepting those used on a temporary basis by a contractor during
construction. .This covenant shall expire upon the termination or
dissolution of the undersigned as a partnership entity. Evidence
of such termination or dissolution, if such occurs, shall be
promptly filed with the office of the Recorder of Story County,
Iowa.
2 . The dimension of any wall of any structure or
improvement which faces Duff Avenue in the City of Ames,. Iowa,
shall not exceed fifty percent (50% ) of the total width
(north-south dimension) of', the lot so as to permit an open view
between the buildings and structures on adjacent lots . No
fences , signs , dense foliage or other objects shall obstruct the
view.
NEWBROUGH,JOHNSTON,
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3 . Not less than ten percent ( 10% ) of the total area
of a lot shall be used for landscaping and lawn purposes or green
space.
4 . All exterior walls shall be constructed with either
brick, wood, stone, glass or precast wall panels, or combinations
thereof.
5 . No building shall be erected nearer than ten ( 10)
feet to any side lot line, nor nearer than twenty (20 ) feet to
the rear lot line.
6 . Buildings and improvements constructed on Lots 1
through 6 , inclusive, Block 1 , and Lots 1 through 5 , inclusive,
Block 2 , shall not exceed one-story or twenty-five ( 25) feet in
height. Any air conditioning units or other mechanical equipment
installed upon a roof of a structure shall be screened from view
by architectural design extensions in the manner of parapets or
b
other screening devices, 'subject to such height limitation.
7 . Any improvement or structure built upon a lot shall
be fully finished and ready for use within. one ( 1 ) year from the
date of commencement of construction.
8 . Equipment, trash cans, garbage cans and storage
piles shall be kept screened from view by adequate planting or
fencing so as to conceal them from the view of other owners of
lots within the subdivision. All rubbish, trash or garbage shall
be regularly removed and shall not be permitted to accumulate.
9 . All ground-mounted utility transformers situated
upon any lot shall be appropriately screened from view by either
wood, brick or shrubbery, but only in such manner as is permitted
and authorized by the City of Ames, Iowa.
10 . No lot within the subdivision shall be subdivided
without the prior written approval of the undersigned. This
covenant shall expire upon the termination or dissolution of the
undersigned as a partnership entity.
11 . Not more than three ( 3 ) restaurants shall be
permitted within FIRST ADDITION, SOUTHWOOD SUBDIVISION TO AMES,
NEWBROUGH,JOHNSTON, IOWA. The term "restaurant" as used herein shall mean an eating
BREWER,MADDUX
S.NADLER
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establishment that has an occupancy rating of fifty (50 ) or more.
12 . These restrictions and conditions shall be deemed
to be covenants running with the land and shall endure and be
binding upon the undersigned, its successors in interest and
assigns, for a period of twenty-one ( 21 ) years from the date of
the recording of these Restrictive Covenants in the office of the
Recorder of Story County, Iowa.
In the event of the violation of any of said
Restrictive Covenants, any person or entity then owning a lot
within the subdivision is specifically authorized to resort to an
action at law or in equity for relief , either by injunction or
for damages , against the person, persons or entity so violating
said Covenants .
13 . Invalidation of any of these Covenants by a
judgment or order of court having jurisdiction thereof shall in
no way affect any of the other provisions which shall remain in
full force and effect.
Dated at Ames, Iowa, this day of March, 1989 .
SOUTH DUFF DEVELOP
NT PARTNERSHIP
By F
Doug l s yle,
Partner
STATE OF IOWA )
ss .
COUNTY OF STORY )
r
On this day of March, 1989 , before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared Douglas G. Pyle, to me personally known, who,
being by me duly sworn, did say that the person is one of the
partners of South Duff Development Partnership, an Iowa General
Partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners, and the partner
acknowledged the execution of the instrument to be the voluntary
act and deed of the partnership, by it and by the partner
voluntarily executed.
FRANK B.JOHNSTON
MY�OMMISSIONEXPIRES Notary Public in and for the
State of Iowa
NEWBROUGH,JOHNSTON.
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