HomeMy WebLinkAboutA005 - Restrictive Covenants dated October 7, 1997 �S
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a; RESTRICTIVE COVENANTS
as
WHEREAS, the undersigned are the owners of the lots contained
in the Third Addition, Hillside Subdivision, in 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, and reference hereinafter made to "Lot" or "Lots"
refer only to the Third Addition, Hillside Subdivision, in Ames,
Iowa, described as: Lots 1 through 19 inclusive, including Outlot
"Z", Third Addition, Hillside Subdivision, in Ames, Iowa.
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 lots and shall meet the following
requirements:
a. One story residences or split entry residences shall
have a ground floor furnished area of not less than 1100
square feet.
b. One and one-half story residences or split-level
residences shall have a ground floor furnished area of
not less than 1100 square feet and a total finished area
on the ground floor and the second floor of not less than
1600 square feet for one and one-half or split entry
residences.
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 1500 square feet.
d. The computation of the floor area shall not include
porches, breezeways or garages.
2. That none of the single family lots shall be subdivided
for the purpose of constructing more than one residence on each
lot.
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12284 C!o
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3. 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 either Dean E. Hunziker, Gary J.
Hunziker or Jon E. 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 this
Third Addition, Hillside Subdivision in Ames, Iowa, the
requirements imposed by this paragraph shall terminate.
4. 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 garage.
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.
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 building nor 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.
h. No recreational vehicle nor boat shall be parked on
a lot for a period of time longer than 48 hours.
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i. No rubbish containers shall be visible from the
street except on pickup day and one day before and one
day after pickup day.
j. 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.
k. 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.
1. ]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.
m. 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.
5. 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 and interest in the covenants
are filed as provided by law.
6. That in case of violations 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.
7. That invalidation of any of these covenants by judgment or
court order shall in no way affect any of the other provisions, but
shad remain- in- full force= and- affectg-
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Dated at Ames, Iowa, this day of tLd hl&2 , 1997.
HUNZIKER DEVELOPMENT CO. , L.C.
By
Deaf E. Hunz' er, resident
By
Gary J. u 'ke , Sec tart'
Q�_ 122 8463)