HomeMy WebLinkAboutA003 - Building Restrictions and Protective Covenants for Lots 1-23 1
GERARD D.NEiJGENT
2000 Financial Center
Des Moines,IA 50309
(515)243-7100 BUILDING RESTRICTIONS
AND
PROTECTIVE COVENANTS
FOR
LOTS 1-23
BLOOMINGTON HEIGHTS PLAT 3
THIS DECLARATION is made this l4day of ,]992.
WHEREAS,William C. Knapp,Trustee of the William C.Knapp Revocable Trust
(hereinafter callcd"Declarant")is the Owner and Developer of certain real property
known as BLOOMINGTON HEIGHTS PLAT 3, located in the City of Ames,
County of Story,in the State of Iowa,part of which shall be subject to these Building
Restrictions and Protective Covenants and which part is more particularly described
as follows and hereinafter referred to as the"Property":
Lots 1 through 23, inclusive, BLOOMINGTON
HEIGHTS, PLAT 3, an Official Plat, now included in
and forming a part of the City of Ames, Story County,
Iowa.
WHEREAS, Declarant is desirous of protecting the value and desirability of
BLOOMINGTON HEIGHTS PLAT 3,including the Property described above.
NOW,THEREFORE,Declarant hereby declares that all the Property as described
above, namely consecutive numbered Lots 1 through 23 inclusive, Bloomington
Heights,Plat 3,shall be held,sold and conveyed subject to the following restrictions,
covenants, and conditions, which are for the purpose of protecting the value and
desirability of,and which shall run with the property and be binding on all parties
having any right, title or interest in the property or any part thereof, their heirs,
successors and/or assigns,and shall inure to the benefit of each owner thereof.
1. DEFINITIONS.
For the purposes of this Declaration, the following terms shall have the
following definitions,except as otherwise specifically provided:
A. "BLOOMINGTON HEIGHTS, PLAT 3" shall mean and refer to the real
3r9perty located in the residential subdivision of Bloominggton Heights,Plat
,in and forming a part of the City of Ames,Story County,Iowa.
B. "DECLARANT' shall mean and refer to the signatory hereto and its
successors and assigns.
C. "LOT' shall mean and refer to any individual parcel of land which is
subdivided and made of record and described above, as shown upon the j
recorded plat of BLOOMINGTON HEIGHTS PLAT 3.
D. "BUILDING PLOT'shall mean and refer to one or more platted Lots,one
platted Lot and portion or portions of adjacent platted Lots,or portions of
platted Lots in the Property assembled to create a building site which shall
meet minimum size and dimension requirements of local zoning ordinances
and the building restrictions herein.
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E. "OWNER" shall mean and refer to the record owner,whether one or more
persons or entities,of the fee simple title to any Lot or building plat which is
a part of BLOOMINGTON HEIGHTS PLAT 3.
F. "OUTBUILDING" shall mean an enclosed covered structure not directly
attached to the residence to which it is appurtenant.
G. "PROPERTY" shall mean Lots 1 through 23 of BLOOMINGTON
HEIGHTS PLAT 3,an Official Plat,now included in and forming a part of
the City of Ames, Story County, Iowa, or any Lot, Building Plot or portion
thereof,subject to the restrictive covenants herein.
2. All Lots in the Property shall be known and described as residential Lots,
and shall not be improved, used, or occupied for other than private residential
purposes. No full-time or part-time business activity may be conducted on any Lot,
or in any building or structure constructed or maintained on any Lot in the Property,
except model homes during the construction period and the sales offices of the
Declarant or assigns.
3. BUILDING TYPES.
No building or structure shall be constructed,altered,or maintained on any
Building Plot other than a one-detached,single-family dwelling.
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No mobile home as defined in the Code of Iowa shall be placed on or
erected on any Lot.
4, BUILDING AREA.
No dwellin&shall be constructed or permitted to remain upon any Building
k!.' Plot unless it meets the following floor area requirements:
A. One story dwellings must have a ground floor finished area of not less than
1,050 square feet.
B. One and one-half story dwellings must have 700 square feet of finished area
on the ground floor and a total on the main floor and second floor of not less
than 1,250 square feet.
C. Two story dwellings must have 700 square feet of finished area on the ground
floor and a total on the main floor and second floor of not less than 1,370
square feet.
• D. Split-entry dwellings must have 900 square feet of finished area on the main
level and total finished floor area of 1,300 square feet.
E. Split-level dwellings must have not less than 900 square feet of finished area
on the main levels and total finished floor area of 1,300 square feet.
In the computation of floor area, the same shall not include any porches,
breezeways,or attached or built-in garages.
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5. BUILDING SET-BACK.
No building shall be erected on any Lot nearer than the building setback lines as
shown on the recorded plat,except as may be approved by the appropriate zoning
authorities.
' 6. GARAGES.
Garages are not required when the single-family dwellings are initially constructed.
Construction of any garages thereafter shall be done to accordance with the
appropriate zoning laws and building codes.
7. DRIVEWAYS.
All driveways shall be constructed of portland cement concrete or bituminous
asphaltic concrete surfacing.
8. TEMPORARY STRUCTURES OR EQUIPMENT.
No building or structure of temporary character and no trailer, basement, tent,
shack,garage,or outbuilding shall be used at any time as a residential dwelling on
any Building Plot, either temporarily or permanently. No commercial vehicles,
tanks,or commercial equipment of any kind shall be located, stored,or parked on
any Building Plot. All recreation vehicles shall be parked or stored in the garage.
9. SIGNS.
No sign of any kind or description shall be placed,exposed to view,or permitted to
remain on any Lot, or any street adjacent thereto, except street markers, traffic
signs,and other signs displayed by the City of Ames,or by other governmental units,
and signs not exceeding one hundred (100)square inches in area upon which there
shall be exhibited the street number or name or both of the resident. In the event
that any sign other than those described above shall be placed or exposed to view on
any of the Lots restricted hereby,the officers or agents of the Declarant are hereby
given the right to enter upon any such Lot and remove such signs. Real estate signs
and development promotion signs by the developer, or assigns, will be permitted
until the development is completed and signs to show property for sale shall be
permitted on each Lot.
10. TRASH RECEPTACLES.
No trash receptacles or garbage cans shall be permitted to be paced outside of a
building or a structure on any Building Plot for more than twenty-four(24) hours
each week for garbage collection,unless made of stone or brick,or unless hidden by
an attractive screen of suitable height, or unless sunken to ground level in a hole
lined with permanent cribbing.
11. UTILITIES.
All utility connection facilities and services shall be underground. No individual
water supply system or individual sewage disposal system shall be permitted on any
Building Plot.
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l 12 TOWERS.
'No exterior towers, antennas ° llit,of any�Buildiof ng Plany ot kind
Reasonable television Or
modified,or permitted on the grunt
radio antennas are per on dwellings or garages.
13. NUISANCES.
ty p scapeecome
No obnoxious or offensive activ,
shall anything be done thereon which ch is oor may b from
any part of the property. gbeor ermanently.
an annoyance or a nuisance,either temporarily P
14. LIVESTOCK AND POULTRY PROHIBITED.
bred or kept on the
d
No animals, livestock or poultry of any kind shall be raise + purposes. In no
property,except the dog
s cats and other common househol pets may be kept so
long as they are not kept, bred, or maintained for commercial pure
howevverDs°h�limo t be tied oe than
fenced in•aaintained dog run.
on any one Building Plot at
event,
anyone time.
15, EASEMENTS. g facilities are
Easements for instna
allation and maintenance of utilities and draikea TS reserve
reserved as shown on the recBorded� PLAT 3.
pglP1°ofsB�LOO heN expense,nlGlods P and
The owner or occupant of a ro ert at all times g
ermr erection of any building or structure of
that portion of the easement within his p P Y.
condition,and shall neither erect nor p I
an kind nor per any growth
and of any of any of the utility sery ces and
in erfere in any way with th
drainage located in the easements.
16. ENFORCEMENT.
If an party shall violate or attempt to violate any of the covenants,conditions,or
protection provided herein,to
restrictions contained herein, her owners
Prshall ty entitled lawful
ed or the
the Declarant o erco stviolating or
owning Building plots p against the person or p
prosecute proceedings in law or in equity
attempting to violate any such covenants, conditions, or restrictions and to either
prevent him or them from so doing or recover damages for such violations.
I l�, MODIFICATION OF RESTRICTIONS.
restrictions and provisions of this instrument shall be deemed
The covenants, provisions shall
covenants running with the land and
covenants,alllemarestrictionsoand P d effect shall
i January 1, 2013 at which timeesrti each,unless such
modified or changed or
automatically be extended for ovislons are�tamended (5 Y i
covenants, restrictions and p y agreement signed by the owner or owners
/ of the Lots hereby restricted and recorded in the
cancelled,in whole or m part h written ag year prior to the
of more than fifty percent(SU°o) applicable.
office of the Recorder of Story County, low?rae1°neJate whichever is
original expiration date or to a subsequent expiration
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18. SEED,SOD AND WEED CONTROL.
All Lots must be sodded or seeded with grass. A homeowner must maintain a weed.
control program. The owner or persons in possession of a Building Plot which is
improved with buildings constructed on the Building Plot,shall keep the same free
of weeds and debris and agrees that after written notice given by certified mail to
such owner or persons in possession by any property owner of Lots 1 through 23 of
BLOOMINGTON 11EIGHTS PLAT 3 owning such pproperty within 500 feet of such
Lot, such weeds shall be cut and such debris shall be removed within fifteen (15)
days,failing which the property owner giving such notice,as the case may be,may
enter upon the property to cut or cause to be cut,such weeds,or to remove or cause
to be removed, such debris, and shall have a right of action against the owner of '!
such Lot for collection of the cost thereof.
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19. HOUSE COLORS. ,
All exterior house and masonary colors on homes initially constructed must be
approved by the developer,or his assigns.
20. SEVERABILITY.
Invalidation of any of these covenants, conditions or restrictions by judgment or
court order shall in no way affect any of the other covenants, conditions or
restrictions contained herein,which shall remain in full force and effect. r
IN WITNESS WHEREOF, William C. Knapp, Trustee of the William Knapp
Revocable Trust, has caused this instrument to be executed this fit( day of
+See to 1992. .�
WILLIAM C.KNAPP
REVOCABLE TRUST
xr
By:
illiam C.Knapp,Trus ee
STATE OF IOWA
COUNTY OF POLK SS:
On this 114�day of S 1992,before me,the undersigned,
a Notary Public 1n and for the State o� owa,personally appeared William C.Knapp,
Trustee of the William C.Knapp Revocable Trust,to me known to be the identi
gcal
tthatt person
named
the fiduciary,executed xecut dted the the instrument foregoing
they voluntary act and c and deed of
the person and of the fiduciary.
Notary ubllc 1n and for the State
Of Iowa
P.
% DARYI A.NEUMANN
MY COMMISSION EXPIRES
•,�;.• OCTOBER 10. 1994
-S. �91 M
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