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HomeMy WebLinkAboutA005 - Building Restrictions and Protective Covenants dated November 3, 2000 r BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS SIXTH ADDITION,COUNTRY ESTATES SUBDIVISION The undersigned Risco L.C., an Iowa corporation,by and through its undersigned duly authorized officer and representative, (hereinafter referred to as "Grantor"), as developer of the Sixth Addition, Country Estates ("Subdivision"), does hereby establish and place the following building restrictions and protective covenants and does hereby reserve certain easements all as hereinafter specifically set forth on the following described real property: All lots in Sixth Addition, Country Estates Subdivision, an Official Plat, now included in and forming a part of Story County,Iowa. 1. All lots described herein shall be known, described, and used solely as residential lots, and no structures shall be erected,used or occupied on any building lot except a private single family dwelling not to exceed two stories in height and a private attached or basement attached garage for not less than three,no more than three,motor vehicles, or other such structures or outbuildings as may be allowed in these building restrictions and protective covenants. 2. No residential lot shall be divided. 3. There will be one residential building per lot. All garages will be attached to or be basement attached to the residences. One outbuilding will be allowed per lot,with architectural design to coincide with the home. Any outbuilding shall be naturally screened from view of other properties. The size of any outbuilding shall be not more than 24-feet by 30-feet. The outbuilding will be allowed to have a propane tank for heating,but the tank must be screened from view. 4. No trailers,tent trailers,unlicenced vehicles, motor homes, and/or manufactured homes (as defined in the Iowa Code),recreation vehicles,boats and/or trailers, shall be used as a residence,temporarily or permanently,nor shall the owners of any lots park or permit to park any such personal property and vehicles on any lots, nor shall a business of any kind be conducted in any residence or on any lot. Provided,however, a business operated out of a residence shall be permitted so long as it is done wholly within the residence,will not cause increased traffic or congestion within the subdivision, and there will be no outward indication, signs or otherwise, indicating such business enterprise. Nothing herein shall prevent an owner from storing,housing or maintaining one or more of the above items on the property for no more than three days per month, nor prevent an owner from permanently storing or housing one or more of the above mentioned items providing that such item is completely enclosed from view in a garage. 5. No building or structure shall be constructed, altered, or maintained on any lot unless it has a driveway running from a street to a dwelling which must be of sufficient area to park at least two cars entirely off the street. All driveways shall be constructed of concrete or bituminous surfacing. Building Restrictions and Protective Covenants for Sixth Addition,Country Estates Subdivision October 25,2000 -1- - 01 2 4 9 ® C 6. Prior to altering of or construction on any lot, a site plan, building plans and names of architects, contractors and subcontractors,plans of the proposed structure including paving,fencing,walls, and other improvements and their location on the site shall be submitted to Grantor or his attorney-in-fact or successor in interest who shall have the right to approve or reject any of same. No dwelling shall be permitted on any lot having a ground floor square foot living area of less than 1,600 square feet in the case of a one- story structure,no less than 1,300 square feet in the case of a one and one-half or two- story structure. Split level dwellings must have not less than 1,600 square feet of finished area directly under the roof. Garages, breeze ways, porches, and decks shall not be considered in computing floor area. Drives into all lots shall be from the street. No hedges,trees, or other shrubbery shall be planted on any lot nor permitted at a height which will interfere with clearance and visibility for traffic on the streets in the. subdivision. No more than 12 inches of concrete or wood foundation shall be exposed on any building unless painted or covered with brick, stone,veneer, or siding. 7. Each lot owner will be responsible to submit a site plan showing existing topography,the general location of existing trees, all proposed site improvements,building floor plans and architectural elevations of all sides of the proposed structure. 8. Each lot owner shall be responsible for preservation of mature trees within each lot.No site plan shall be approved that does not meet the requirements of the Story County Subdivision Regulations,wherein no more than 15%of the natural occurring canopy tree cover may be removed. If 15% is exceeded,mitigation planting measures must be undertaken in accordance with the requirements set forth in the Subdivision Regulations. For purposes of determining the percentage of tree canopy removal, each lot owner shall submit to Story County a proposed landscape plan that identifies which trees, if any, are to be removed. Determinations of the percentage of tree canopy removed will be made by the Story County Planning and Zoning Office based on review of the site orthophotography conducted in 1998. 9. The titleholder of each lot,vacant or improved, shall keep his lot free of weeds and debris and agrees to take all steps necessary to control erosion on his lot. All lot owners shall be responsible for implementing appropriate erosion control measures before, during, and after construction. Drainage easements shall be established to protect and preserve existing drainageways through the Subdivision.Drainageways within each lot shall remain unobstructed,be preserved in their natural state, and altered only to provide lot access where necessary. Each lot owner shall be responsible for erosion control measures within any drainage easement within their respective lot. Such measures may include temporary sedimentation areas, silt fences, ground cover, planting and/or seeding to cover all exposed areas and prevent erosion. If in the opinion of Grantor or its attorney-in-fact or successor in interest such erosion is not properly controlled,corrective action may be taken and the costs thereof assessed against the property owner. Building Restrictions and Protective Covenants for Sixth Addition,Country Estates Subdivision October 25,2000 -2- 10. Prior to issuance of a building permit from Story County,the County Health Department shall conduct a site and soils evaluation to define the type of wastewater treatment system appropriate for each lot. This evaluation shall be completed before beginning any site clearing or grading activities. Once the location for the system is defined,the area shall be protected from construction activities, compaction, stockpiling or other encroachments during construction. 11. No noxious or offensive trades shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. No lot shall be used or maintained as a dumping ground for rubbish or debris of any kind. 12. Construction of any residence shall be completed within one year of the date said construction is begun, and excess dirt from the evacuation shall be hauled away or used only as a part of a graded landscape plan. 13. No fences shall be erected on any lot without the consent of Grantor or its attorney-in- fact or successor in interest. Chain link fences for small pets or tennis courts will be considered but must be approved and shall be properly screened by reasonable shrubbery or decorative fence or both. 14. All residential structures shall comply with the provisions of the county ordinances as they apply to setbacks from front,rear, and sides of lots. No variances will be allowed for exceptions to these setbacks,which are considered minimums. Each lot owner shall be responsible for their own septic system,which shall comply with county sanitation regulations. 15. The titleholder of each lot agrees to restrain and keep from running at large all dogs and cats, and no dogs or other pets shall be bred or maintained for commercial purposes. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs and cats and other common household pets, and except as referenced in paragraph three above. In no event shall more than two dogs and/or cats be maintained on any one lot at any one time. 16. Should the titleholder install a satellite dish, it will be so located to not be visible to other lot owners or from the Subdivision's streets. Only reasonable television or radio antennas are permitted on dwellings or garages. 17. "Full-cutoff' outdoor lighting fixtures,where no light is emitted at or above the horizontal plane of the fixture, shall be required for dusk to dawn light fixtures that exceed 3001umens. Manually switched or occupancy sensor switched light fixtures that exceed 1000 lumens shall be full-cutoff fixtures. Christmas lighting or other temporary outdoor lighting is exempted from these requirements. All outdoor light fixtures shall be designed, installed and maintained to prevent light trespass beyond the boundaries of the lot. 18. All titleholders shall connect to the public water supply,which is to be provided by the Central Iowa Rural Water Association, and to natural gas,which is to be provided by Alliant Energy Corporation. Building Restrictions and Protective Covenants for Sixth Addition,Country Estates Subdivision October 25,2000 -3- 01 - 01249 (19 19. The Grantor or its attorney-in-fact or successor in interest shall be responsible to set, and each lot owner shall pay an equal prorata share of,the cost of maintenance, repair,and snow removal of the streets within the Subdivision as well as the drainage systems, including maintenance of the common open land within the Subdivision, if any. 20. Each titleholder shall be responsible for any costs in connection with the installation and carrying of natural gas, rural water,telephone and electrical service and other utilities from the mains installed by Grantor to their individual residences. Each titleholder shall extend such service into his property at his own expense. 21. The common open space land, if any, set out in this Subdivision as such is for the specific purpose of aiding in a planned beautification and/or recreation program for all of the Subdivision. Upon the sale of all lots in the Subdivision by Grantor, Grantor, its attorney in fact or successor in interest shall assign the beneficial interest in said easements and property to the homeowners association unless previously assigned to a charitable organization for a similar purpose, and by so doing,the benefits and obligations thereof shall inure to the lot owners of this Subdivision. 22. Upon the sale of each lot, each homeowner will be a member of the homeowners association. The homeowners association will be responsible for all reviews and approvals as stated herein. Each lot shall be entitled to one(1)vote on matters and actions within the scope and beneficial interest of the homeowners association of Country Estates Subdivision. The term "homeowners association" as used herein shall include any and all homeowner associations arising for any and all subdivisions subsequently platted, and may include any and-all homeowner associations arising for any and all subdivisions previously platted,by the Grantor and/or James R. Crotty and which are located within Section 13, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa. Such homeowners association and such subsequent and previous homeowners associations shall be considered one homeowners association,though the building restrictions and protective covenants for each such subdivision shall apply separately only to such subdivision. 23. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under them until January 01,2021, at which time such covenants shall be automatically extended for a successive period of 10 years unless, by a vote of the majority of the then owners of the lots in the Subdivision, it is agreed to change the said covenants in whole or in part. 24. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein stated before said restrictions shall expire, it shall be lawful for any other person or persons owning any other lots in said Subdivision, or the homeowners association if its by-laws so permit,to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent said person from doing so or to recover damages or other relief for such violation. Building Restrictions and Protective Covenants for Sixth Addition,Country Estates Subdivision October 25,2000 -4- ' _ U124 �o� D - a 25. Should the Subdivision contain easements as shown on the recorded plat thereof, or restrictions and requirements exist such as referenced in paragraph 24 below,the owner or occupant of a lot shall, at his own expense, comply with such restrictions and requirements and keep and preserve that portion of the easement within his property in good repair and condition and shall neither erect nor permit erection of any building, structure, or fence of any kind within the easement which might interfere in any way with the use of such easement. 26. Invalidation of any one of these building restrictions or protective covenants by judgment or a court order shall in no way affect any other provisions hereof, which shall remain in full force and effect. The above and foregoing building restrictions and protective covenants and provisions for easements are for the mutual benefit of all persons who shall acquire any lot in the Subdivision and are imposed by the undersigned Grantor, owner of all the lots in said Subdivision. IN ESS WHEREOF, I have hereunto set my hand at Story County,Iowa,this -*Itay of 2000. RISCO L.0 By: Ste . Risdal, President STATE OF IOWA ) ss: STORY COUNTY) On this 3 fED day of 00 U E(*t-- 2000, before me the undersigned, a Notary Public in and for said State, personally appeared Steven W.Risdal,to me personally known, who being by me duly sworn did say that he is the president of the corporation executing the foregoing instrument;that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Steven W. Risdal acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of himself,by it,by him and as president voluntarily executed. °ruse CP,r`!10 L. NELSON PrtY CQM ISSION EXPIRES lawn 2.^2�-01 Building Restrictions and Protective Covenants for Sixth Addition,Country Estates Subdivision October 25,2000 -5- 0 ' - 01249 (al )