HomeMy WebLinkAboutA021 - Restrictive Covenants J
s RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners of the lots contained in the
South Fork 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 South Fork Subdivision, in Ames, Iowa,
described as: Lots 3-10, 16-18, 31-41 inclusive, First Addition, South
Fork 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 1000 square feet.
b. One and one-half story residences or split-level or split-entry
residences shall have a ground floor finished 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 1300 square feet for one and one-half or split
level residences .
c. Two-story residences shall have a ground floor area of not less than
700 square feet and a total finished area on the ground floor and the
second floor of not less than 1400 square feet.
d. The computation of the floor area shall not include porches,
breezeways or garages .
e. Lots 3-8, 16, 17 shall have no minimum square feet requirement.
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2 . That none of the single-family lots shall be subdivided for the
purpose of constructing more than one residence on each lot.
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 Terra Firma LP,
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 South Fork
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 lots except lots 3-8,
16, 17 . Written approval of pre-erected dwellings for these lots will
be of the sole discretion of Terra Firma, LP.
c. All dwellings must have, a garage. Except those constructed on lots
3-8, 16, 17 .
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. Neither recreational vehicles nor boats shall be parked on a lot for
a period of time longer than 48 hours .
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 . Neither 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 a lot, the
front and side yard shall be sodded. When practical, fifteen feet from
the rear of the dwelling structure, shall also be sodded. The remainder
of the lot shall be seeded or sodded.
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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 shall
remain in full force and effect.
Dated this 25th day of Jan, 2002, in Story County, Ames, IA
Terra Firma, L. P.
By Everett W. Cochrane, III, Vice-President
Ev Cochrane & Associates, Inc. , General Partner