Loading...
HomeMy WebLinkAboutA005 - Restrictive Covenants dated October 5, 1990 n - RESTRICTIVE COVENANTS THIRD ADDITION, SQUAW .VALLEY SOUTH SUBDIVISION, STORY COUNTY, IOWA , WHEREAS, the undersigned are the owners of all lots contained within THIRD 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: GENERAL RESTRICTIVE COVENANTS 1. All lots within the subdivision 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 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 commencing of the 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 two-story residences shall cover a ground floor square foot living area of not less than 900 square feet, all exclusive of attached porches, breezeways, patios, courts and garages. 42 70 /�9 -2- 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 any 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 Association") , as appointed. by the members thereof. The signature of one member of the three-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 become . a nuisance to the neighborhood. No livestock, including horses, shall be boarded or housed upon any lot within the subdivision. - 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) . -3- 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 members of the owner's 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 owners of lots within said subdivision, the owners of lots within Second Addition, Squaw Valley South Subdivision, Story County, Iowa, and within this subdivision. Said Outlots shall be used exclusively y , as a park facility or recreational area and no structures shall be erected thereon. 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, and those within Second Addition, 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 cost 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 Homeowner 's Association. Assessments for operation, maintenance ��,yl.•• haP::�:T..ffi'!:1&.'RC.7S:'mr[r i(Q�.�.==n^—— -.:'.SoLYJY a i -4- and repair made upon .owners of lots within Third Addition, Squaw Valley South Subdivision, Story County, Iowa, shall begin with respect to each lot .on the date of execution of a contract to purchase said lot or the date of execution of the deed conveying title to said lot, whichever first occurs. 2 Each lot owner shall pay a connection fee in the sum of $250.00 to the Homeowner' s Association within two (2) years from (a) the date of the execution of the contract to purchase said lot, (b) the date of the execution of the deed conveying title to said lot, or (c) upon connection to said system, whichever first occurs. IV. WATER SYSTEM 1. A water well and water system is now established, the well . being situated on Outlot A of Second Addition, Squaw Valley South Subdivision, Story County, Iowa, which services lots within said subdivision, lots within Second Addition, Squaw Valley South Subdivision, Story County, Iowa, and lots within Third Addition, Squaw Valley South Subdivision, Story County, Iowa. Water lines within the subdivision are six (6) inches in diameter. 2 . Each. lot owner must pay to the water fund of the Homeowner's Association the sum of $250. 00 within two (2) years from (a) the date of purchase of said lot as evidenced by the date of the contract. to purchase, (b) the date of the deed conveying said lot, or (c) at the time said owner makes connection to the water system, whichever first occurs, 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 Homeowner's Association. V. HOMEOWNER'S ASSOCIATION 1. - All lot owners within the subdivision (and lot owners within Squaw valley South Subdivision, Story County, Iowa, -5- and lot owners within Second Addition, 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 or the execution of' a real estate contract for the purchase thereof, whether or not it shall be so expressed in such deed or contract, 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. 3 . 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. 4 . Any assessment not paid within thirty (30) days . after the due date shall bear interest from the due date at the rate of -fifteen percent (15%) per annum. The Association may bring an action at law. against the owner personally obligated to pay the same, or foreclose the* lien against the property. No owner may , waive or escape liability for the assessment provided for herein by abandonment of his or her 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 at his .or her last known address;. PAR 3 -6- 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, proof of the service or mailing of notice to the delinquent owner and the amount of the lien. 5. In. lieu of the above, the Board of Directors of The _ v Association may file a lawsuit against any lot owner for nonpayment of assessments plus reasonable attorneys' fees, costs and interest. 6. 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. VI. APPLICABLE RESTRICTIONS AND CONDITIONS OF SQUAW VALLEY SOUTH SUBDIVISION, . STORY COUNTY, IOWA, o AND SECOND ADDITION, SQUAW VALLEY SOUTH SUBDIVISION, tA STORY COUNTY, IOWA C The Restrictive Covenants of Squaw Valley South Subdivision, Story County, Iowa, filed in the office of the cJ Recorder of Story County, Iowa, on August 10, 1978, in Book 142, v commencing at page 212 , and the Restrictive Covenants of Second Addition, Squaw Valley South Subdivision, Story County, Iowa, filed t in said office of said county on June 26, 1987, in Book 2391 --jp commencing at page 334 , shall be applicable to .all lots within this subdivision except where explicitly inconsistent thereto. - -_ - - VII. oRESERVATIONS. AND RESTRICTIONS WITH RESPECT TO LOTS 4 AND 5 y 1. The south 30 feet of Lot 4 and the North 30 feet of Lot 5 are subject to an easement for future street extension of o ' u lw- PL�diLAl.�11 ac¢eauu•,•,••�•..,��IViK;cum -7- Mathews Road. The owners of said Lots 4 and 5 shall convey or dedicate those portions of said lots described in this paragraph in the event Mathews. Road is extended in an easterly direction in "the future. However, the respective owners of said Lots 4 and 5 shall not be responsible for any costs or expenses incurred in connection with the extension of Mathews Road. 2 . The side yard setback requirement with respect to . the . construction of any improvements on. Lot 4 shall be the south 60 feet of said Lot 4 . The side yard setback requirement with respect to the construction of any improvements upon Lot 5 shall be the north 60 feet of said Lot 5. VIII. 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 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. Dated this day .of �'' 11990. D.ONALD E. KEARNEY d COLETTE R. KEARNEY o�r7 a / �.5 P -8 ES C. CLARK, . f1d,—I N L. CLARK STATE OF NEBRASKA ) ss. COUNTY OF -%�,. On this "` day of �:%,Z� _ 1990, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Donald E. Kearney and Colette K. Kearney, 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. Er L. L. RAA�,GiI - Notary Public in and for the gag My Comm.Exp.lune 13, 1s91 State of Nebraska STATE OF IOWA ) ss. COUNTY OF STORY ) On this ZnD day of DC'7 Obe r� , 1990, before me, the undersigned., a Notary Public in and for the State of Iowa, personally appeared James C. Clark and Karen L.. Clark, 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 voluntar ct and deed. o.•"'R4 Tv My`,� THOMAS J.CARaEEYC ember 30,19Xes Sep -- Not blic in a d for th r State of Iowa A r10 /76 NOW