HomeMy WebLinkAboutA009 - Supplemental Declaration of Covenants, Conditions, and Restrictions dated November 12, 1992 SUPPLEMENTAL DECLARATION
OF
CONVENTS, 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 and 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 Third 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 Third Addition, Stone
Brooke Subdivision, Ames, Iowa, and which is more particularly
described as:
#29 - p A. � 98
2
7 See attached Schedule A for correct lega description to
y; be hereafter known as Lot 1 through Lot $2' inclusive and
-4- pT%6utlot "A" and outlot "B9, Third Addition, Stone Brooke
Subdivision to Ames, Iowa.
NOW, THEREFORE, Declarant hereby declares that all of the
9- property described above to be hereafter known as Third Addition,
4
c 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 Off ice, . Story County, Iowa, and as later amended in a
R First Amendment filed for record April 28, 1986, in Book 234, Page
Ao 125 in the Recorder's Office, Story County, Iowa.
4-2
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� Declarant further states that all of the Declaration of
o Covenants, Conditions and Restrictions as used in the First
,a. Addition, Stone Brooke Subdivision and as amended in the First
W 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 Third Addition, Stone Brooke Subdivision and
of the common area of the Third 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 Declaraq[
herein, s he eunto set his hand the same being done on this
day of , 1992 .
�GgJi STONE BR00 ARTN SHIP
By:
E. . Hunziker r/^,
General Partner
STATE OF IOWA )
ss.
COUNTY OF STORY -------_ ��'�'
On this 12 day of lfi , 1992, before me, the
undersigned, personally appeared E. A. Hunziker, to be personally
known, who being be 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 pa tner ackno le d the
execution of the instrument to be the volu ary a ee of the
partnership by it and by the partner vole c
P y�
DC' LD P.PA V E 2 NOTARY PUBLIC - STATE OF IOWA
WOK PAGE .
SCHEDULE "A•'
DESCRIPTION
Third Addition
Stone Brooke Subdivision,
In The City of Ames, Iowa
A replat of all of Lot Twenty-one (21) , in the Fourth
Addition, Stone Brooke Subdivision; located in the East-half of the
Northwest Quarter (Ek-NW4) of Section 27 - T84N - R24W of the 5th
P.M. , in the City of Ames, Story County, Iowa; more particularly
described as follows:
"Commencing at the Southeast (SE) corner of the Northwest
Quarter (NA) of Section 27 - T84N - R24W of the 5th P.M. , in the
City of Ames, Story County; thence N 000 24' 20" E, 1,262.35 feet
along the east line of the NW4 of said Section 27, to the Point of
Beginning (point also being the Southeast (SE) corner of Lot
Twenty-one (21) , in the Fourth Addition, Stone Brooke Subdivision) ;
(the balance of the calls will follow the perimeter of said Lot 21)
thence S 88° 14, 01" W, 150..12 feet; thence S 64° 30' 34" W, 69.63
feet; thence N 74° 39, 03" W, 120.11 feet; thence N 79° 53' 17•' W,
303.29 feet; thence N 35° 05' 41" W, 253.64 feet; thence N 47° 52'
25" W, 131.12 feet; thence N 470 34' 05•' W 60.00 feet; thence N 47°
52 ' 25" W, 133.82 feet; thence N 89° 38' 25" W, 300.50 feet; thence
N 000 21' 35" E, 813.73 feet along the west line of the E�-NW4;
thence S 89° 02, 40" E, 1,318.47 feet along the north line of the
E�-NW4; thence S 00° 24' 20•' W, 1,269.81 feet along the east line
of the NW k, to the Point of Beginning.BOOK-
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