HomeMy WebLinkAboutA008 - Restrictive Covenants dated October 3, 1996 RESTRICTIVE COVENANTS
WHEREAS, the undersigned is the owner of the lots contained in the
Suncrest Subdivision to the City of Ames, Iowa, and
WHEREAS, for its protection and for the benefit of subsequent
owners of the lots within said subdivision, the said owner desires to restrict
the use thereof in certain particulars,
NOW, THEREFORE, the parties hereto and in consideration of the
covenants and agreements of each other, by these presents,
covenant, bargain, and agree among themselves, and for their
successors and assigns as follows:
1. That each lot within the subdivision is hereby restricted to
residential use and uses related to the convenience and enjoyment of
such residential use. No more than three unrelated persons shall occupy,
use, purchase, own, rent, or live in any of the homes.
2. All residences shall be of new construction only. A single-story,
split-foyer or split-level style residence shall cover a ground floor living
area of at least 1,100 square feet, and one and one-half story residences
shall contain a ground floor square living area of at least 800 square feet
and 400 square feet on the second floor, and two story residences shall
contain a ground floor living area of at least 600 square feet and 600
square feet on the second floor, all exclusive of attached porches,
breezeways, patios, courts, and garages. No residence of any kind shall
be constructed of boxed or sheet metal construction unless the same is
covered upon all its outside walls with stucco, weatherboard, brick, stone
or other veneer material.
3. That no structure of a temporary character,trailer,tent,shack,
garage, barn or other outbuildings shall be used on any portion of any
lot at any time as a residence, either temporary or permanent.
4. That no obnoxious or offensive trade shall be carried on
upon any lot, nor shall anything be done thereon which may be come a
nuisance to the neighborhood.
5. No building, fence, wall nor other structure shall be
commenced, erected, or maintained upon any lot 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 have been submitted to and approved in writing
by Suncrest L.C., or by an Architectural Committee composed of two or
more representatives appointed by Suncrest, L.C.. The primary
guidelines for approval are that the plans and specifications reflect the
harmony of external design and location in relation to surrounding
structures and topography. In the event Suncrest, L.C., or its designated
committee, fail to approve or disapprove such design or location within
thirty (30) days after said plans and specifications have been submitted
to it, approval will not be required and this restriction will be deemed to
have been fully complied with.
When dwellings have been constructed on all lots within Suncrest
Subdivision to the City of Ames, Iowa, the requirements imposed by this
Paragraph shall terminate.
6. All rubbish, trash or garbage shall be regularly removed from
each lot, and shall not be allowed to accumulate thereon. No trash
burning shall be permitted on any lot.
only. 7. Planting or gardening shall be done in individual backyards
8. The following restrictions shall also constitute covenants:
on any lot. a. There shall be no mobile homes placed nor erected
b. Any dog run, trash receptacle, tool shed, or other
outside structure of like nature shall be properly screened by shrubbery
or by a decorated fence, or both.
C. Television or radio antennas of less then ten feet are
permitted on dwellings or garages. Satellite dishes, if less than ten feet,
are permitted in rear yards. No noxious nor offensive activities nor odors
shall be permitted on or to escape from any lot, nor shall anything be
done on any lot which is or may become any annoyance or nuisance,
either temporarily or permanently.
d. No animals, livestock, nor poultry of any kind shall be
raised, bred or kept on any lot, except dogs, cats, and other common
household pets may be kept so long as they are not kept, bred, or
maintained for commercial purposes. Dogs must be tied or fenced or
kept in a dog run. In no event shall such animals be kept on any lot if they
unreasonably disturb the owners or residents of any other lot.
e. When the city of Ames requires the construction of
public sidewalks, the sidewalks shall be constructed within one year after
the sale of any lot or at the time of the occupancy of any dwelling on a
lot,which ever first occurs.
f. No automotive repair or rebuilding or any other form
of automotive manufacture, whether hire or otherwise shall occur on any
lot or driveway in the said subdivision.
g. Recreational vehicles, travel trailers, motorhomes,
fold-down campers or such other type of recreational vehicle shall not
be allowed on any lot for more than 48 hours.
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9. That all of these restrictions shall be deemed to be
covenants running with the land and shall endure and be binding upon
the parties hereto, their successors or assigns, for a period of 21 years
from the date of recording these covenants, unless claims to continue
any interest in the covenants are filed as provided by law.
10. That in case of any violation of the said covenants, any
person then owning a lot in said subdivision , or the City of Ames, Iowa, is
specifically authorized to resort to any action at law or equity for relief,
either by injunction of in damages, against the person so violating said
covenants.
11. That the invalidation of any of these convents by judgment
of court Order shall in no way affect any of the other provisions, which
shall remain in full and effect.
Dated this 2 day of �� , 1996.
Suncrest, L.C.
by 7%'�7 7. by4v&M � 140:c�
Kurt W. Friedrich, Manager Dickson D. Jens e Manager
STATE OF IOWA, STORY COUNTY) SS.
On this _3 _ day of 1996, before me, the
undersigned, a Notary Public in and for the above named State,
personally appeared KURT W. FRIEDRICH and DICKSON D. JENSEN, to
me personally known, who, being by me duly sworn, did say that they
are the MANAGERS of the limited liability company executing the
foregoing instrument; that no seal has been procured by the limited
liability company; that the instrument was signed on behalf of the limited
liability company by authority of its managers and members; and that
the said KURT W. FRIEDRICH and DICKSON D. JENSEN acknowledged
the execution of this instrument to be the voluntary act and deed of the
limited liability company, by it and by them voluntarily executed.
' •
Notary Public in and for the
above State