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HomeMy WebLinkAboutA017 - Supplemental Declaration of Covenants, Conditions, and Restrictions dated August 15, 2000 SUPPLEMENTAL DECLARATION 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, L.L.C. desires to file a new subdivision and addition to be known as Sixth Addition, Stone Brooke Subdivision, Ames, Iowa, and pursuant to the provisions contained in Article IV (a), (b), (c), (d) and (e) the undersigned L.L.C. 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, there was a Declaration of Covenants, Conditions and Restrictions dated February 7, 1994, and filed March 8, 1995, as Instrument No. 95-01737, and WHEREAS, Declarant is the owner of certain property in Ames, Story County, Iowa, which is to be used in Sixth Addition, Stone Brooke Subdivision, Ames, Iowa, and which is more particularly described as: 0542 �$� A Replat of all of Lot 31, Stone Brooke Subdivision Fifth Addition in the City of Ames, Story County, Iowa, and containing 15.744 acres more or less. NOW, THEREFORE, Declarant hereby declares that all of the property described above to be hereafter known as Sixth 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, and also the Declaration dated February 7, 1994, and filed March 8, 1995, as Instrument No. 95-01737 filed in 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 Sixth Addition, Stone Brooke Subdivision and of the common area of the Sixth 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, and the Declaration recorded as Instrument No. 95-01737, 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 Declar herein, has hereunto set his hand the same being done on this day of 2000. ' STONE BROOKE, L.L.C. B ` CC Y STATE OF IOWA Bill Allen, Manager ) )ss. COUNTY OF ST�-Xay Y ) On this of 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally ap ared Bill Allen, to me personally known, who being by me duly sworn or affirmed did say that he is the anager of said Stone Bro e, L.L.C., and that said instrument was signed on behalf of the said Stone Brooke, L.L.C. by author y of its Manager, and ' Manager acknowledged the execution of said instrument to be the volunt ct/and eed a' St ne Brooke, L.L.C. by it voluntarily executed. 2 DONALD R.PAVERF N ARY PUBLIC-STATE OFJPQVA ` 542_ ��)