HomeMy WebLinkAboutA012 - Supplemental Declaration of Covenants, Conditions, and Restrictions dated December 20, 1995 SUPPLEMENTAL DECLARATION
-s
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, Stone Brooke Partnership filed an original
Declaration of Covenants, Conditions and Restrictions on April 13,
1984, in Book 211, Page 88 in the Recorder's Office, Story County,
Iowa, and
WHEREAS, said original Declaration was filed to include First
Addition, Stone Brooke Subdivision, and pursuant to Article IV(b)
and (d) of said Declaration additional additions and subdivision
may be filed in the future as follows:
ARTICLE IV: (b) - The right to develop and plat future
additions shall be exercised by Declarant executing and
acknowledging a Supplemental Declaration. Such Supplemental
Declaration shall constitute an amendment to this Declaration of
Covenants, Conditions and Restrictions. Supplemental Declarations
shall be effective when recorded in the office of the Recorder of
Story County, Iowa.
(d) Future additions to be platted may include future common
areas and said common areas in all future additions shall be deeded
to Stone Brooke Homeowners Association, Inc. which must accept the
same and treat the new common area in the same manner as any
existing common area. All existing Lot owners and all future Lot
owners of any future addition shall be entitled to joint use of all
common areas and all expenses and costs of maintaining the said
common area of all additions shall be shared by all Class "A", "B"
and "C" members in accordance with the assessment schedule.
WHEREAS, Stone Brooke Partnership desires to file a new
subdivision and addition to be known as Fifth Addition, Stone
Brooke Subdivision, Ames, Iowa, and pursuant to the provisions
contained in Article IV (a) , (b) , (c) , (d) and (e) the undersigned
partnership as Declarant does hereby execute this Supplemental
Declaration as set forth below, and
WHEREAS, there was a First Amendment to Declaration of
Covenants, Conditions and Restrictions for Stone Brooke Partnership
which was subsequently filed in the Recorder's Office, Story
County, Iowa, on April 28, 1986, in Book 234, Page 125 which
related to the allocation of assessments and which is a permanent
part. of the- declaration- as- amended,- and-
WHEREAS, Declarant is the owner of certain property in Ames,
Story County, Iowa, which is to be used in Fifth Addition, Stone
Brooke Subdivision, Ames, Iowa, and which is more particularly
described as:
9 6_ 02739 (10)
2
See attached Schedule A for correct legal description to
be hereafter known as Lot 1 through Lot 30 inclusive,
Fifth Addition, Stone Brooke Subdivision to Ames, Iowa.
NOW, THEREFORE, Declarant hereby declares that all of the
property described above to be hereafter known as Fifth Addition,
Stone Brooke Subdivision shall be held, sold and conveyed subject
to the easements, restrictions and conditions as contained in the
Declaration filed on April 13, 1984, in Book 211, Page 88 in the
Recorder's Office, Story County, Iowa, and as later amended in a
First Amendment filed for record April 28, 1986, in Book 234, Page
125 in the Recorder's Office, Story County, Iowa.
Declarant further states that all of the Declaration of
Covenants, Conditions and Restrictions as used in the First
Addition, Stone Brooke Subdivision and as amended in the First
Amendment to Declaration of Covenants, Conditions and Restrictions
described above are to be incorporated in and made a part of this
Supplemental Declaration as though fully set forth herein and all
of the real estate of Fifth Addition, Stone Brooke Subdivision and
of the common area of the Fifth Addition, Stone Brooke Subdivision
described above are to be subject to the same terms, conditions and
requirements of the original Declaration as recorded in Book 211 on
Page 88 and also the Amendment to Declaration recorded in Book 234,
Page 125 as though the same were fully set forth herein. Declarant
further states that this Supplemental Declaration is intended to be
an Amendment to the original Declaration and is incorporated
therein as though fully set forth herein.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto set his hand the same being done on this
day ofr , 1995.
STONE ROOK TNER
SHIP
By
STATE OF IOWA
Bill A len -� Partner
)
as.
COUNTY OF STORY)
Orr- t#ris= p- . day c=t- z,-, -�.�� ,- 1=9~9--,- ba�:;s��- ter- the=
undersigned personally appeared B 11 Allen, to me personally know,
who being by me duly sworn, did say that the person is one of the
partners of STONE BROOKE PARTNERSHIP, a partnership, and that the
instrument was signed on behalf of the partnership, and 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.
L!
NOTARY PUBLIC - STATE OF IOWA
° �ROLYlI�
GD$
9( r 02739 ( ��/
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a
SCHEDULE A
LEGAL DESCRIPTION
A replat' of all of Lot 32, Stone Brooke Subdivision Third Addition
located in the Northwest Quarter of Section 27, Township 84 North,
Range 24 West of the 5th P.M. , in the City of Ames, Story County,
Iowa, that is more particularly described as follows:
Commencing at a point of reference at the Southeast Corner of the
Northwest Quarter of said Section 27; thence N00024120"E, 1,766.65
feet along the East line of said Northwest Quarter to the point of
beginning, said point being. the Southeast Corner of ' said Lot 32
(the balance of the calls will follow the perimeter of said Lot
32) ; thence N89035140"W, 525.28 feet to a point; thence
N31058141"W, 72.61 feet to a point; thence S34°43106"W, 166.49 feet
to- a- point-; then Narthwester3y along a curve to the right having
a radius of 1020.00 feet, a chord bearing of N50044.06"W, and an
arc length of 161.89 feet to a point; thence S42°07135"W, 200.48
feet to a ,point; thence N47°52125"W, 133.82 feet to a point; thence
N89038125"W, 300.50 feet. to a point; thence N00"21135"E, 813.73
feet along the West line of the 34, NWh to a , point; thence
S89002140"E, 1318.47 feet along the North line of the Sh, Nwk to
the North Corner of said Section 27; thence S00°24120"W, 765.51
feet along the East line of said NW to the point of beginning,
containing 24.005 acres.
91. 02739 C Z�