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HomeMy WebLinkAboutA008 - Restrictive Covenants dated June 9, 1987 RESTRICTIVE COVENANTS SECOND ADDITION, SQUAW VALLEY SOUTH SUBDIVISION, STORY COUNTY, IOWA WHEREAS, the undersigned are the owners of all lots contained within Second Addition, Squaw Valley South Subdivision, Story County, 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 as hereinafter stated, NOW, THEREFORE, the parties hereto, and for their successors and assigns, and in consideration of the covenants and agreements of each other, do hereby covenant and agree as follows: I . GENERAL RESTRICTIVE COVENANTS 1 . All lots within the subdivision, with the exception of Outlot "A" , shall be used solely for single-family residential purposes . 2 . All residences constructed within the subdivision shall be of new material only. No residence of any kind of what is commonly described as boxed or sheet metal construction shall be built within the subdivision unless the same is covered upon all of its exterior walls with stucco, weatherboard, brick, stone i or other veneer material . 3 . Any residence constructed on a lot within the subdivision shall be fully finished and completed within one ( 1 ) year from the date of commencement of construction thereof. 4 . All residences must be for single-family dwelling units only, and a single-story, story and one-half, split-foyer or split-level style residence shall cover a ground floor square foot living area of not less than 1 , 200 square feet, and EWBROUGH.JOHNSTON. two-story residences shall cover a ground floor square .foot BREWER.MADDUX &NADLER AM ES.IOWA G L 00K 0�3 I PAGE ��7 r i -2- living area of not less than 900 square feet, all exclusive of ' attached porches , breezeways , patios, courts and garages. 5 . No trailer, basement, tent, shack, garage, barn, modular structure or other outbuilding shall at any time be used as a residence, either temporarily or permanently, nor shall 'a residence of temporary character be permitted. 6 . Not more than one residence shall be constructed on any one lot in the subdivision. 7 . No original building or structure, including outbuildings, shall be constructed upon any lot until the plans, specifications and grade elevations therefor have been submitted to and approved in writing by the Architectural Control Committee. The requirement of submission and approval of _ plans, specifications and grade elevations shall not apply to remodeling or additions to original buildings or structures. The Architectural Control Committee shall be composed of three ( 3 ) members of Squaw Valley South Subdivision, a nonprofit corporation organized pursuant to the provisions of Chapter 504A, The Code of Iowa ( "the As as appointed by the members thereof. The signature of one ( 1 ) member of the three ( 3 ) member Committee to the written approval of the plans , specifications and grade, elevations submitted shall be conclusively presumed to be the action of the entire Committee and shall be binding upon the Committee. When residences have been constructed on all lots within the subdivision, the Architectural Control Committee shall be disbanded and cease to exist. 8 . All electrical and telephone utility service lines within the subdivision shall be constructed underground. 9 . No obnoxious or offensive activity or trade shall take place .upon any lot within the subdivision, nor shall anything be done thereon that may be or may become a nuisance to the neighborhood. No livestock, including horses , shall be boarded or housed upon any lot within the subdivision. IEWBROUGH.JOHNSTON. BREWER,MADDUX &NADLER AM ES,IOWA { r -3- 10 . No recreational vehicles, including snow mobiles and motorcycles, shall be allowed in the private park area (Outlots 1 and 2 , Squaw Valley South Subdivision, Story County, Iowa) . 11 . No firearms of any kind shall. be discharged within the subdivision. 12 . No domestic pets shall be allowed to run. at large within the subdivision, but shall be confined to the premises of the owner unless attached to a leash or under the voice command of the owner or its family. II. PRIVATE PARK Outlots 1 and 2 in Squaw Valley South Subdivision, Story County, Iowa, have been set aside as a park to be used by the owners of lots within said subdivision and within this subdivision. Said outlots shall be used exclusively as a park facility or recreation area and no structure shall be erected thereon. III. ROADS 1 . Valley Road as noted on the plat of the subdivision has been improved and paved. Valley Road shall be repaired and maintained, including the removal of snow, by the owners of lots within the subdivision and the cost of the repair and maintenance of Valley Road, including the removal of snow, shall be divided among all lots of the subdivision (excepting outlots) as determined by the Homeowners Association. 2 . Robert F. Carey, as developer, will grade and gravel those roads designated on the plat as Mathews Road and Pleasant View Road. In the event that Mathews Road and Pleasant View Road are extended easterly in the future to service any new addition or additions or residences constructed to the east of this subdivision, Robert F. Carey, as developer, his successors or assigns, will then surface Mathews Road and Pleasant View Road NEWBROUGH,JOHNSTON, as required by specifications of Story County, Iowa; and will BREWER,MADDUX &NADLER AMES,IOWA WOK�.. ..PAGE C r r a 4- further maintain and repair said roads, including the removal of snow, until such time as fifty ( 50 ) percent of the lots serviced by these roads in such new addition or additions are sold, or within three ( 3 ) years of the date of the filing of the plat of such new addition, whichever first occurs . IV. SEWAGE TREATMENT FACILITY 1 . A sewage waste treatment facility, including an extended aeration facility, has been constructed and installed and approved by the. Iowa Department of Environmental Quality on Outlot 4 , Squaw Valley South Subdivision, Story County, Iowa. Each lot owner within this subdivision, as well as lot owners within Squaw Valley South Subdivision, Story County, Iowa, shall have the right to connect to the sewage waste treatment system, including the extended aeration facility. Each lot owner shall be responsible for the costs of such connection and each lot owner within the subdivision shall contribute to the operation, maintenance and repair of the sewage waste treatment facility, including the sanitary sewage lines , as determined by the Homeowners Association. No assessments, however, shall be made upon owners of lots within Second Addition, Squaw Valley South Subdivision, Story County, Iowa, untili construction has been commenced upon the particular lot or two ( 2 ) years from the date of purchase of such lot, whichever first occurs. 2 . In the event that Lot 3 , Second Addition, Squaw Valley South Subdivision, Story County, Iowa, is sold independently of an adjacent lot, the four inch (4" ) sanitary sewer service line to said Lot 3 shall be constructed and installed when said lot is sold by the developer. V. WATER SYSTEM 1 . A water well and water system is now established, the well being situated on Outlot "A" of this subdivision, which services lots within this subdivision and also lots within Squaw NEWBROUGH,JOHNSTON, BROUGH, OHNS Valley South Subdivision, Story County, Iowa. Water lines within &NADLER AMES,IOWA PACE -5- the subdivision are six ( 6 ) inches in diameter. Two ( 2 ) fire hydrants have been installed in the subdivision. 2 . Each lot owner must pay to the water fund of the Homeowners Association the sum of $100 . 00 at the time said owner makes connection to the water system and each lot which is connected to the water system shall contribute to the operation, maintenance and repair of the well and water distribution system as determined by the Homeowners Association. VI. 'HOMEOWNERS ASSOCIATION 1 . All lot owners within the subdivision (and lot owners within Squaw Valley South Subdivision, Story County, Iowa) shall be members of South Squaw Valley Subdivision, a nonprofit corporation organized pursuant to Chapter 504A, The Code of Iowa. 2 . The owner of each lot within the subdivision, by acceptance of a Deed therefor, whether or not it shall be s-o expressed in such Deed, is deemed to covenant and agree to pay to the Association the following: (a ) annual assessments or charges as imposed by the Association, and (b) special assessments for capital improvements as determined by the Association. The annual assessments and any special assessments , together with interest, costs and reasonable attorneys ' fees , shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys ' fees, shall also be the personal obligation of the person or persons who were the owners of the property at the time the assessment is imposed. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. 3 . Any assessment not paid within thirty ( 30 ) days after the due date shall bear interest from the due date at fifteen ( 15 ) percent per annum. The Association may bring an WBROUGH,JOHNSTON, BREWER,MADDUX action "at law against the owner personally obligated to pay the 6 NADLER AM ES.IO WA BOOK PAGE..r.o..�. . a 1 -6- same, or foreclose the lien against the property. No owner may waive or escape liability for the assessments provided for herein by abandonment of his lot. The Board of Directors of the Association may cause a lien to be placed against any lot within the subdivision for nonpayment of assessments as follows: (a ) a thirty ( 30 ) day written notice of said delinquency shall be delivered or mailed by ordinary mail to the lot owner; (b) if the said delinquent assessment notice is not paid within thirty ( 30 ) days , the Association may file, in the office of the Recorder of Story County, Iowa, an Affidavit reciting the name of the owner, the description of the lot against which the delinquent assessment has been imposed, service or mailing of notice to the delinquent owner and the amount of the lien. 4 . In lieu of the above, the Board of Directors of the Association may file a lawsuit against any lot owner for nonpayment of assessments plus reasonable attorneys ' fees, costs and interest. 5 . The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer. No, sale or transfer shall relieve such lot owner from liability for any assessments thereafter becoming . due or from the lien thereof . VII . SUBSEQUENT ADDITIONS The developer, Robert .F. Carey, his successors or . assigns , expressly reserve the right to develop. and plat additional adjacent additions which may share the roads, park, well and water system and sewage waste disposal treatment facilities so long as such addition or additions are not in violation of applicable government statutes, rules or regulations . EWBROUGH,JOHNSTON. BREWER,MADDUX 6 NADLER AMES,IOWA PAGE G -7- VIII. APPLICABLE RESTRICTIONS AND CONDITIONS OF SQUAW VALLEY . SOUTH SUBDIVISION, STORY COUNTY, IOWA The Restrictive Covenants of Squaw Valley South Subdivision, Story County, Iowa, filed in the office of the Recorder of Story County, Iowa, on August 10 , 1978 , in Book 142 , page 212 , shall be applicable to all lots within this subdivision except where expressly inconsistent thereto. IX BINDING EFFECT OF RESTRICTIVE COVENANTS 1 . These restrictions and conditions shall be deemed to be covenants running with the land and shall endure and be binding upon the parties hereto, their successors in interest and assigns , for a period of twenty-one ( 21 ) years from the date of the recording of these Covenants in the office of the Recorder of Story County, Iowa, unless claims to continue any interest in such Covenants are filed as provided by law. 2. In the event of any violation of the said Covenants , any person 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 or persons so violating said Covenants. 3 . Invalidation of any of these covenants by a Judgment or Order of. Court shall in no way affect any of the other provisions which shall remain in full force and effect. 7 ' Dated this day of - �' ~ �' 1987 . ROBERT F. CAREY NORMA JEAN CAREY WBROUGH,JOHNSTON. BREWER,MADDUX 6 NADLER AMES,IOWA A5q /� 7O t PAGE v/ �- -__ f 8 STATE OF I.OWA ) ss . COUNTY OF STORY ) On this day of - "�� 1987 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert F. Carey and Norma Jean Carey, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. FRANKB.JCIHNSTON Notary Public in a' d for the 1.0 MY COMMISSION EXPIRES State of Iowa JEWBROUGH,JOHNSTON, BREWER,MADDUX &NADLER AMES,IOWA •/ / 1 _�PACE ROOK ..�o'