HomeMy WebLinkAboutA007 - Restrictive Covenants dated May 5, 1994 RESTRICTIVE -COVENANTS
WHEREAS, .the undersigned -are the owners of the lots contained
in -the Twenty =First Addition, Parkvi-ew -Heights -Subdivision, in
Ames, Iowa, end
WHBREAS, for their own protection _and for the -benefit of
subsequent owners of the lots within said -subdivision, the said
owners desire to re-strict the use thereof in certain particulars,
and
WHEREAS, and reference hereinafter -made to "Lot" or "Lots"
refer only to the -Twenty First Addition, -Parkvi- w -Heights
Subdivision, in Ames, Iowa, described as: .Lots 1 through 32
inclusive, Twenty First Addition, Parkview Heights Subdivision, in
Ames, Iowa.
NOW, THEREFQRE, 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 aground floor furnished area of not less than 1300
square feet.
b. One and one-half story residences -or split-level
residences shall have 8 ground floor finished area of not
less than 1200 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 800 square feet and a total finished
area on the ground floor and the second floor of not less
than 160-0 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.
3. That driveway access onto'' Hoover Avenue is prohibited.
Driveway access from Lot 1 and Lot 24 must be made to Reagan Drive
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on the West side of these lots. Dn-street parking along Lot 25
through -Lot 32 (the inside of Reagan Drive) is -prohibite3i.
4. Th-at -a public walkway easement has been granted from the
developer to the public covering the North five feet of Lot 13 and
the South five feet of Lot 14. The property owners for Lots 13 and
14 shall =be solely responsible for the maintenance of the public
walkway. The owners -of those respective lots should be required to
pay the real estate taxes ..for the portion of the walkway on their
respective lots.
5. 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 Donald -M. Furman, Erben A.
Hunziker or Dean 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
Twenty First Addition, Parkview Heights Subdivision in Ames, Iowa,
the requirements imposed by this paragraph shall terminate.
6. 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.
c
f. All building structures or improvements of -any mind
must be -completed within -twelve months- of the
commencement date of ,the nonstruction.
g. No building nor structure of 5& temporary character
and no trailer, basement, tent, shack, garage nor
outbuilding shall be used $t any time as a residential
dwelling on any lot, -either temporarily or permanently.
h. Do -recreational vehicle nor boat•mhall be parked -on
a lot for -a period of time longer than 48 hours.
i. -No rubbish containers shall 1be 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 lass than ten feet are
permitter) on dwellings or garages. No noxious nor
offensive activities nor odors shall -be permitted on or
to -escape Irom 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.
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 and interest in the covenants
are filed as provided by law.
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B. 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.
9. That invalidation of any of these covenants by judgment or
.court -order shall in no may affect any of the other _provisions, but
shall remain in full force and affect.
Dated at Ames, Iowa, this N5 day 17-D-)2�;4g , 7.994.
Erb n A. Hu z3.ker, taer
Donald -M. Furman, Partner
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