HomeMy WebLinkAboutA007 - Restrictive Covenants dated March 16, 1992 r
RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners of the lots
contained in Valley East, in the City of Ames, Iowa, and
WHEREAS, for their own protection and for the
benefit of subsequent owners of the lots within said
subdivision, the said owners desire to restrict the use
thereof in certain particulars, and
WHEREAS, any reference hereinafter made to "Lot"
or "Lots" refer only to Lots 9 through 36 and shall not
include Lots 1 through 8 or Outlot "X" .
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 all lots shall be known and described
as residential lots and shall not be improved, used or
occupied for other than private single-family residential
purposes, except for lots 25 and 26 .
2. That all residences constructed or to be
permitted to remain upon single-family lots shall meet the
following requirements:
a. One-story residences or split entry
residences shall have a ground floor
finished area of not less than 1,200
square feet.
b. One and one-half story residences or
split-level residences shall have a
ground floor finished area of not less
than 1,100 square feet and a total
finished area on the ground floor and
the second floor of not less than 1,600
square feet for one and one-half or
split entry residence.
C. Two-story residences shall have a
ground floor area of not less than 750
square feet and a total finished area
on the ground floor and the second
floor of not less than 1,500 square
feet.
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d. The computation of the floor area shall
not include porches, breezeways, or
garages .
3 . That none of the single-family lots shall be
subdivided for the purpose of constructing more than one
residence on each lot.
4 . 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 writting by either Thomas J. Gratias or Dean
Hunziker, hereinafter referred to as "Developers" . The
primary guidelines for approval are that the plans and
specifications reflect harmony of external design and
location in relation to surrounding structures and
topography. In the event the Developers 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 Valley East, in the City of Ames, Iowa, the
requirements imposed by this Paragraph shall terminate.
5 . The following restrictions shall also
constitute covenants:
a. There shall be no mobile homes placed
nor erected on any lot.
b. No pre-erected dwelling shall be moved
to any lot.
C . All dwellings must have, at a minimum,
double attached or double basement
garages .
d. No more than twelve inches of concrete
block, poured concrete or wood
foundation shall be exposed on any
building unless such exposed material
shall be painted or covered with brick,
stone veneer, or siding.
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e. 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.
f. All building structures or improvements of
any kind must be completed within twelve
months of the commencement date of the
construction.
g. No above ground nor non-permanent swimming
pools shall be permitted on any lot.
h. No building nor a structure of a temporary
character and no trailer, basement, tent,
shack, garage, nor outbuilding shall be
used at any time as a residential dwelling
on any lot, either temporarily or
permanently.
i. No recreational vehicle nor boat shall be
parked on a lot for a period of time
longer than 48 hours .
j . No rubbish containers shall be visible
from the street except on pickup day and
one day before and one day after pickup
day.
k. No extension towers nor antennas of any
kind shall be constructed, modified, or
permitted on any lot. Television or radio
antennas of less than ten feet are
permitted on dwellings or garages. 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 an annoyance or
nuisance, either temporarily or
permanently.
1. No animals, livestock, nor poultry of any
kind shall be raised, bred or kept on any
lot, except that 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.
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M. Following construction of the
residential dwelling on any lot, the
front yard and side yard shall be
sodded. When practical fifteen feet of
the rear yard, measured from the rear
of the dwelling structure, shall also
be sodded. The remainder of the lot
shall be seeded or sodded.
n. 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, whichever first
occurs .
7 . 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 and
assigns, for a period of twenty-one years from the date of
the recording of these covenants, unless claims to continue
any interest in the covenants are filed as provided by law.
8 . That in case of violation of any of the
covenants, any person then owning a lot in said subdivision
or the City of Ames, Iowa, is authorized to resort to an
action of law or equity for relief, either by injunction or
in damages, against the person so violating said covenants .
9 . That invalidation of any of these covenants
by judgment or court order shall in no way affect any of the
other provisions, but shall remain in full force and affect.
Dated at Ames, Iowa, this day INO-1 1992 .
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Robert D. Farnham Thomas J. Gr'atias
Yu-Min Tsai La Donna M. Gratias
Day t on P rk, D
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By: v�",L
Firstar Bank Ames Dea E. Hunziker,
Gene t P tner
By: �4'` "► w By: �
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Er en A. Hunziker,
General Partner
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