HomeMy WebLinkAboutA015 - Declaration of Residential Covenants, Conditions, Easements and Restrictions Applicable to Cameron Pines Estates dated January 4, 2002 ABOVELze
SPACE • RECORDER
INSTRUMENT PREPARED Deborah S.Krauth,Nyemaster Law Firm, 1416 Buckeye Avenue,
BY: Suite 200,Ames, Iowa 50010-8070(Tel: 515-233 31000)
DECLARATION OF RESIDENTIAL COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS APPLICABLE TO
CAMERON PINES ESTATES, STORY COUNTY, IOWA
This Declaration of Covenants, Conditions, Easements and Restrictions applic le
to Cameron Pines Estates, Story County, Iowa, (the "Declaration"), is made this
day of- v / ` ? , 2002, by Hunziker Land Development Company, L.L.C., an Iowa
limited"liability.company ("Declarant").
WHEREAS, Declarant is the owner of certain real property known as
CAMERON PINES ESTATES, located in Story County, and more particularly
described on Exhibit"A" attached hereto and incorporated herein; and
WHEREAS, Declarant is desirous of protecting the value and desirability of the
whole of CAMERON PINES ESTATES including the real property described on
Exhibit"A".
NOW, THEREFORE, Declarant hereby declares that all of the properties
described on Exhibit "A", namely consecutively numbered Lots 1 through 21, and all
outlots 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 real property and be binding on all parties having any right, title
or interest in the described properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
I. DEFINITIONS
For the purpose of this Declaration, the following terms shall have the following
definitions, except as otherwise specifically provided.
A. "Accessory Structures" shall mean any enclosed, covered structure not
directly attached to the residence to which it is appurtenant.
B. "Association" shall mean the Cameron Pines Estates Owners Association,
a non-profit corporation organized pursuant to Chapter 504A of the Code
of Iowa, and its successors and assigns.
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C. "Board" shall mean the Board of Directors of the Association duly
elected in accordance with the Bylaws of the Association.
D. "Cameron Pines Estates" or "Property" shall mean and refer to the real
property located in the residential subdivision described more specifically
on Exhibit"A" attached hereto.
E. "Common .Area" shall mean all areas designated as outlots in the
subdivision and deeded to the Association.
F. "County" shall mean Story County, Iowa.
G. "Declarant" shall mean and refer to the signatories hereto and its
successors and assigns.
H. "Dwelling" shall mean a single family residential building or structure.
I. "Improvements" shall mean and include buildings, Accessory Structures,
driveways, parking areas, sidewalks, and any structure of any type of kind,
and all additions to any of the foregoing.
J. "Lake Access Lot" shall mean that out lot noted on the subdivision plat
abutting the lake to the Northeast and designated as Outlot A.
K. "Lake Lot" shall be Lots 5, 7, 8, 19, 20 and 21, those Lots abutting the
shoreline of the lake.
L. "Lot" shall mean and refer to any individual platted lot that is described in
Exhibit"A", as shown on the recorded plat of Cameron Pines Estates.
M. "Owner of a Lot" or "Owner" shall mean and refer to the record owner,
whether one or more persons or entities of the fee simple title to any lot
which is a part of Cameron Pines Estates.
N. Words and phrases in this Declaration, including the acknowledgment,
shall be construed as in the singular or plural number, unless the context
permits only one such number.
O. Words defined elsewhere in this Declaration shall have that meaning
throughout the Declaration and not just in the Section in which such word
is defined, unless the definition expressly states otherwise.
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II. DESIGNATION OF USE
All Lots in CAMERON PINES ESTATES shall be known and described as a
single family residential lot, 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
Cameron Pines Estates except model homes will be permitted during the construction
period thereof and except that a home office business without outside employees will be
allowed to operate out of a Dwelling.
III. BUILDING AREA/MINIMUM MOUSE SIZES
No dwelling shall be constructed or permitted to remain upon any lot in this
subdivision unless it meets the following size requirements:
A. One-story Dwellings must have a ground floor finished area of not less
than 1,600 square feet.
B. One and one-half story Dwellings must have not less than 1,200 square
feet of finished area on the ground floor. The total finished area of the
ground floor and the second floor must'be not less than 2,000 square feet.
C. Two-story Dwellings must have 1,200 square feet of finished area on the
ground floor and a total finished area of the ground floor and the second
floor must be not less than 2,200 square feet.
D. Split-level Dwellings must have not less than 1,300 square feet of finished
area on the level or levels directly under the roof and a total finished floor
area of not less than 2,000 square feet.
E. No building shall be erected on any Lot unless the design and location is
in harmony with existing structures in the tract.
F. In the computation of ground floor area of a Dwelling, the same shall not
include any porches, breezeways or attached or built-in garages.
IV. BUILDING MATERIALS
A. Character. No building or structure shall be constructed, altered, or
maintained on any Lot other than one detached single-family dwelling
with an attached private garage and other accessory structures permitted
by this Declaration.
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B. Exterior Foundations. Exposed foundations must be painted to blend
with exterior wall finishes. Exposed foundations greater than eight inches
must be covered by an approved exterior wall finish matching the rest of
the house.
C. Siding. The exterior of any residence and garage located on any Lot shall
be finished with a material of wood, brick, stone, stucco or simulated
wood siding (steel, vinyl, cement board lap).
D. Roofing Materials. Roofing material shall be of wood shake or heavy
decorator shingles compatible and complimentary to the exterior colors.
E. Mailboxes. Mailboxes and their supports will be constructed of wood and
shall be painted or stained in color similar to the home exterior and shall
be installed in such a manner as not to lean or tilt due to settling. All
mailboxes shall be placed according to United States Postal Service
regulations.
V. BUILDING AND LANDSCAPE CONTROL
All proposed building plans, including exterior colors, must be submitted to
Declarant or its designated architect, for approval, prior to the construction of any
Dwelling or Accessory Structure on any Lot. Building plans submitted to the Developer
will be deemed to have been fully approved in the event the Declarant has not
disapproved such plans within ten working (10) days from date of submission to
Declarant.
VI. DRIVEWAYS
No building or structure shall be constructed, altered or maintained on any Lot
unless it has a driveway from the street running to the Dwelling, which must be sufficient
area to park at least four (4) cars entirely off the street. All driveways shall be
constructed of concrete or bituminous surfacing. All recreational vehicles shall be parked
or stored in a private garage or shall be totally screened or otherwise not visible from
street view or lake view if parked or stored for a period of more than 24 hours. No
parking shall be allowed on any street.
VII. TEMPORARY STRUCTURE OR EQUIPMENT
No building or structure of a temporary character and no trailer, basement, tent,
garage, or Accessory Structure shall be used at any time as a residential dwelling on any
Lot,, either temporarily or permanently. No modular or prefabricated home shall be
placed on any Lot.
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VIII. GARAGES
No less than a two-car attached garage will be permitted. All garages shall be
completed with finished interiors of sheet rock.
IX. SIGNS
No signs of any kind or description shall be placed, exposed to view or permitted
to remain on any Lot or any street adjacent thereto, except: (a) street markers, traffic
signs, and other signs displayed by Story County or by other governmental units or the
Association; (b) signs not exceeding five (5) square feet in area upon which there shall be
exhibited the street number or name, or both, of the resident; (c) real estate signs by the
builder-developer while a Dwelling is under construction; (d) signs advertising a
Dwelling for sale; and (e) temporary signs advertising garage sale and similar events.
X. TRASH RECEPTACLES
No trash receptacles, garbage cans or recycling bins shall be permitted to be
placed on a Lot unless hidden by an attractive screen of suitable height, or unless sunken
to ground level in a hole lined with permanent cribbing, or unless out of view from street
or lake.
XI. UTILITIE'S
All utility connection facilities and services, including trunk and service lines for
telephone, electricity and cable television, shall be located underground.
XII. WASTEWATER AND ON-SITE WASTEWATER TREATMENT
SYSTEMS
A. All wastewater systems must comply with all state and local regulations in
effect at the time of installation and be approved by the Story County
Health Department prior to construction of a Dwelling.
B. All required on-site wastewater treatment systems shall be installed by the
owners. Mechanical on-site wastewater treatment systems shall be used
only if other types of on-site wastewater treatment systems cannot be
installed and operated and use of such mechanical systems shall comply
with state law requirement of maintenance agreements.
C. The Association shall contract for inspections every other year of all on-
site wastewater treatment systems by an inspector qualified to conduct
septic system reviews in Story County, Iowa. The reports shall be
forwarded to the Story County Health Department. Inspection fees shall
be a part of the annual assessments. The Owners shall pay for all
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maintenance and repair required to comply with all county and state
regulations.
D. The provisions of this Section XII shall not be amended without the
consent of Story County, Iowa.
XIII. TOWERS AND ANTENNAS
No extension towers or antennas of any kind shall be constructed, modified, or
permitted on the ground or on the exterior of any Lot.
XIV. SATELLITE DISHES
Satellite dishes or parabolic devices in excess of twenty inches in diameter used to
receive television or other signals from satellites shall not be permitted. The satellite
dishes or parabolic devices shall be mounted on the rear elevation or the rear half of the
side elevation only. In no event shall a satellite dish or parabolic device be mounted on
the front elevation or the front half of a side elevation.
XV. NUISANCES
No noxious odors or offensive activity shall be`permitted on or to escape from any
Lot, nor shall anything be done thereon which is or may become an annoyance or
nuisance, either temporarily or permanently. No obnoxious or offensive trade shall be
carried on upon any lot, including the use of the improved premises for the private or
personal repair of automobiles or other vehicles, nor the storage of or use and keeping of
any hobby items unless totally confined with in the private home of the owner, as
distinguished from the garage or other portion of the yard or lot not otherwise improved.
XVI. LIVESTOCK AND POULTRY PROHIBITED
No animals, livestock or 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. In no event, however, shall
more than two (2) dogs or cats be allowed. Any household pet must be tied, fenced or in
a dog run when outside the dwelling. Household pets shall specifically exclude all breeds
of pit bulls; snakes of any kind, exotic pets, and other similar breeds with a known
tendency to be dangerous if not confined.
XVII. COMMON AREA RESPONSIBILITIES
The Association shall maintain the Common Area including, but not limited to,
the following duties:
(1) Maintain the landscaping within the Common Area.
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(2) Maintain any signage entry features, right-of-way and green space
between any adjacent public road and the private streets within the
Property.
(3) Maintain the lake within the Property.
(4) Maintain all private streets within the Property.
(5) Remove all snow and ice from the private streets located on the Property.
The Association shall adopt rules and regulations as allowed by their governing
documents to put in place such standards and assessments necessary to fulfill these
responsibilities.
XVIII.EASEMENTS
A. Utilitv Easements. Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat of
Cameron Pines Estates. The owner or occupant of a Lot shall, at his or her
own expense, keep and preserve that portion of the easement within his or
her property in good repair and condition at all times and shall neither
erect nor permit erection of any building structure or growth of trees
within said easement .
B. Surface Water Flowage Easements. The topography of Cameron Pines
Estates is such that surface water may flow from certain Lots onto other
Lots. In regard to all matters concerning surface water, each Lot shall be
subject to such easements as may exist for the flowage of surface water
under the laws of the State of Iowa, as may be in effect from time to time,
and all Owners shall have such rights and obligations with respect thereto
as may be provided by such law.
C. Lake Easement. Declarant hereby grants to the Association a non-
exclusive, irrevocable easement over, through and across Lots 5, 7, 8, 19, 20
and 21 to the extent reasonably necessary for the purpose of maintaining
and repairing the shore line of the Lake or to prevent erosion of the
remainder of said Lots, and an overflowage easement onto five (5) feet of
such Lots in elevation above the normal water level of the Lake for the
purpose of any overflow of water resulting from any precipitation, drainage
into such Lake, or wind.
The Lake Easements are subject to the following conditions:
1. The Owner or Occupant of each Lake Lot shall not change the grade
of or make any modifications to the portion of such Lake Lot
located within twenty feet of the Lake or erect any improvements
within twenty feet of the Lake without the prior written consent of
the Declarant, or if the Declarant no longer owns any lots in
Cameron Pines Estates or Declarant has delegated the authority for
such consents to the Association, of the Board of Directors of the
Association, which consent shall be in sole discretion of the
Declarant or Board of Directors of the Association, provided that if
consent has previously been given one Lake Lot Owner to so change
the grade of, or make improvements or modifications within said
twenty foot area, then consent shall not be unreasonably withheld
for all similar improvements or modifications in other Lake Lots.
Declarant or the Association may require, as a condition to granting
such consent, that such Lake Lot Owner or Occupant, at the
Owner's or Occupant's expense, furnish an opinion from a civil
engineer licensed in the State of Iowa that such modifications will
not adversely affect the capacity of the Lake or increase any siltation
of or erosion into the Lake.
2. The Owner of each Lake Lot, including Declarant, shall erect and
maintain silt control fences or other similar devises at all times to
prevent erosion from such Lot into the Lake until such time as such
Lot has been sodded or otherwise landscaped so as to prevent
erosion into the Lake. If an Owner of any Lake lot, including
Declarant, fails to adequately erect or maintain any such silt fences
or other erosion control systems to prevent dirt from eroding from
such Lake Lot into the Lake and failure continues for more than
three (3) days after written notice from Declarant, the Owners of any
Lake Lot abutting the Lake Lot on which such default is occurring,
or the Association, shall have the right and easement to enter upon
the premises and erect or maintain silt fences or other erosion
control systems and clean up or remove dirt and debris from the
Lake Lot at the expense of the Owner of the Lake Lot which is not
adequately maintained, and shall have a right of action against the
Owner of such Lake Lot for collection of the costs thereof, plus the
reasonable costs, including attorney's fees, plus interest at a rate of
twelve percent(12%)per annum from the date such cost is incurred.
3. No private docks may be constructed into the Lake or abutting any
Lake Lot.
D. Lake Access Easements. Declarant hereby grants to the Owners and
Occupants of any and all Lots in Cameron Pines Estates, and their guests, the right to use
the Lake and the Lake Access Lot and any improvements thereon for recreational
purposes in accordance with terms and conditions from time to time prescribed by the
Board of Directors of the Association and kept on file with the Association.
No one shall have the right to use motorized boats on the Lake.
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XIX. FENCES
No fences over three (3) feet in height will be permitted within the front fifty (50)
feet of any Lot. No chain link fence shall extend towards the front of any Lot beyond the
front edge of the Dwelling. All chain link fences, regardless of use or purpose, shall be
black screen. All swimming pools shall be completely surrounded by a locked, non-
climbable fence not less than six (6) feet high.
XX. LIGHTING
Security lighting for driveways, parking and other external areas shall be
designed, located and directed in a fashion which will avoid direct lighting onto adjoining
lots.
All outside lighting installed on each Lot shall be approved in writing, by
Declarant, prior to installation. Street lights shall be provided by the Developer and the
power to operate same shall be charged to the Homeowners Association.
XXI. WEED CONTROL
The Owner or persons in possession of each Lot whether vacant or improved shall
keep the same free of weeds and debris and agree that after written notice given by
certified mail to such Owner or persons in possession by Declarant or the Association, or
such weeds shall be cut and such debris shall be removed within fifteen (15) days, failing
which Declarant or the Association, as the case may be, may enter onto the property to
cut such weeds or to remove or cause to be removed such debris, and shall have the right
to action against the Owner of such lot for collection of the cost thereof.
XXII. ENFORCEMENT
If any party shall violate or attempt to violate any of the covenants, conditions or
restrictions contained herein, it shall be lawful for Declarant, or any Owners owning a'
Lot in Cameron Pines Estates entitled to the protection provided herein, and Story County
to prosecute proceedings in law or in equity against the person or persons violating or
attempting to violate any such covenants, conditions or restrictions and to either prevent
them from so doing or recover damages for such violations. Any and all rights and duties
of the Declarant herein may be assigned to the Association.
XXIII.MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION
A. Membership. Every Owner of a Lot shall be a member of the
Association. Membership shall be appurtenant to and may not be
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separated from ownership of any such Lot. Ownership of a Lot shall be
the sole qualification for membership.
B. Voting Rights. The voting rights of members and the reserved rights of
the Declarant are specified in the Articles of Incorporation and Bylaws of
the Association.
C. Authority and Obligations. The Association through its Board of
Directors, shall have the right, power and authority to provide for the
enforcement of this Declaration; to provide for any operation,
maintenance, repair, reconstruction, restoration, replacement, or
improvement of the Declarant Improvements to Cameron Pines Estates or
any improvements hereafter made by the Association; to make additional
common improvements for the benefit of Cameron Pine Estates; to levy,
collect, and have jurisdiction, control and possession of assessments as
hereinafter provided; to enter into contracts as may be necessary or
desirable to carry out the provisions of this Declaration; and to otherwise
establish such procedures and policies necessary or deemed desirable to
provide for the general welfare, in accordance with the spirit and letter of
this Declaration, including the power to make variances in this
Declaration.
XXIV. COVENANT FOR MAINTENANCE ASSESSMENTS
A. Creation of Lien and Personal Obligation. The Declarant hereby
covenants, and each Owner of a Lot by acceptance of a Deed therefor,
whether or not it shall be so expressed in such Deed, is deemed to
covenant and agree, to pay to the Association assessments as provided in
this Declaration. The assessments levied by the Association and any other
charges against the Owner of a Lot set forth elsewhere in this Declaration,
together with interest, costs and reasonable attorney's fees shall be a
charge on the land and shall be a continuing lien upon the property against
which each such assessment or charge is made, senior to all liens except
the first mortgage of record, any ad valorem taxes, and any special
assessments levied by the City. Such assessment or charge, together with
interest, costs and reasonable attorney's fees shall also be the personal
obligation of the person who was the Owner of the Lot at the time when
the assessment or charge fell due. The personal obligation for delinquent
assessment or charge shall not pass to said Owner's successor in title
unless expressly assumed by them.
B. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively for the purpose of carrying out the general duties
and powers of the Association, including, but not limited to operation,
maintenance, repair, reconstruction, restoration, replacement, or alteration
of the Declarant Improvements to Cameron Pines Estates or the
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improvements hereafter constructed by the Association as provided in this
Declaration, inspection, maintenance and repair of on-site wastewater
treatment systems, insurance coverage of the Association and its property,
any legal or other costs of enforcement of this Declaration, and for such
reasonable reserves as the Board deems necessary. In making such
assessments, the amount to be levied shall be equal and limited to the
actual cost to the Association of providing those functions and services set
forth in this Declaration.
C. Rate of Assessment. The assessments levied upon and against a Lot and
the Owners thereof, shall be a share of the total amount of each assessment
prorated to such Lot and the Owner thereof on the basis of the total
number that have then been platted in Cameron Pines Estates as of the
beginning of the period for which such assessment applies.
Notwithstanding anything in this Section to the contrary, there shall be no
assessment against Lots owned by Declarant unless there is an occupied
Building located thereon or unless another provision of this Declaration
expressly permits such assessment.
D. Procedures. All assessments shall be made in the manner and subject to
the following procedure:
(1) ' Notice of all assessments may be given by mail addressed to the
last known or usual post office address of the holder of legal title
of the assessable property and deposited in the United States mail
with postage prepaid, or may be given by posting a brief notice of
the assessment upon the assessable property itself.
(2) Every assessment shall become due and payable within thirty (30)
days after notice is given as hereinabove provided, unless the
assessment by its own terms provides for payment in monthly,
quarterly or semi-annual installments, in which case each such
payment shall be due as stated in such notice. From and after the
date when said payment is due, it shall bear interest at the lesser of
(i) the rate of ten percent (10%) per annum, or (ii) the maximum
rate allowed by law, until paid and such payment and interest shall
constitute a lien upon the assessable property and said lien shall
continue in full force and effect until the assessment is fully paid.
The Board may also impose a late charge in such amount as it shall
establish from time to time and set forth in any notice of
assessment to defray the administrative costs of collecting
delinquent assessment payments. At any time after the passage of
the resolution levying an assessment and its entry in its minutes,
the Board may, in addition, execute and acknowledge a lien
affidavit with respect to any assessable property and cause same to
be recorded in the Recorder's Office for Story County, Iowa, and
the Board may, upon payment, cancel or release any assessable
property from the liability of assessment (as shown by recorded
instrument) by executing, acknowledging and recording (at
expense of the Owner of the property affected) a release of such
assessment with respect to any assessable property affected, and
the Board shall cause to be noted from time to time in the minutes
of their proceedings, the payment made on account of assessments.
Notwithstanding any other provision herein, the Association may
bring an action at law against the Owner personally obligated to
pay such assessment, or foreclose the lien against the assessable
property in the manner provided for foreclosure of a mortgage, or
both. There shall be added to the amount of such assessment the
cost of preparation and filing the Petition in such action including
reasonable attorney's fees. No Owner of assessable property may
waive or otherwise escape liability for the assessments provided
for herein by non-use of the Common Ground or abandonment of
its assessable property.
(3) The term "assessable property" shall mean all Lots located within
the Property.
XXV. ATTORNEYS FEES
In the event, in the reasonable opinion of the Board or whichever Declarant still
owns undeveloped lots in Cameron Pines Estates, it shall be necessary to secure the
services of an attorney to enforce the provisions of this Declaration, then the fee of such
attorney, and all other costs in connection with the enforcement of this Declaration,
including, but not limited to, the costs of obtaining and/or continuing an abstract of title
to the Lot in question, the costs of any contemplated or actual legal proceedings, and the
costs of preparation and presentation of any evidence in such connection shall be the
obligation of the Owner of the Lot which is the subject of such enforcement action,
unless such Owner is found not to have violated any provision of this Declaration, and
provided such Owner shall not be obligated for any such attorneys fees and costs incurred
by such Declarant or the Association after such Owner offers to settle such matter for an
amount equal to or greater than that finally approved by a court of competent jurisdiction
and/or by taking or forbearing from the requested action, as appropriate. If such costs
and attorneys' fees are not paid within ten (10) days from the date of written notice
thereof by the Board or such Declarant to the Owner of such Lot, said fee and costs shall
thereupon constitute a lien against the property in question, the same as the lien for the
general assessment pursuant to the provisions of Article XXIII hereof, and all interest and
remedies applicable to such lien shall apply thereto.
XXVI. CONDEMNATION
In the event of any partial taking by a governmental body or other entity that has
the power of eminent domain that involves a taking of all or part of improvements to be
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constructed by either Declarant, the Owners of each Lot agree, by acceptance of a deed to
such Lot, whether or not it is so expressly stated in such deed, that the Association-shall
have and shall be deemed to have an interest in proceeds to be paid for such taking in the
amount necessary to repair, restore or replace the portion of such improvements so taken
as near as practicable to a functional whole to serve the same purpose after such taking as
the facility so taken served prior to such taking. To the extent that the Association does
not receive its own award or payment from the condemning authority or the award or
payment received is inadequate to cover the cost of repair, restoration or replacement of
such improvements, the Owners of each Lot receiving such award or payment shall pay
to the Association pro rata from their awards or payments the amount necessary for the
Association to complete such repair, restoration or replacement of such improvements.
In the event that the awards or payments received from such condemnation are
inadequate to pay the entire cost to complete such repair, restoration or replacement of
such improvements, then the remaining cost shall be assessed against all Owners of Lots
in Cameron Pines Estates in proportion to their respective assessment shares. All
amounts due to the Association from the Owners of any Lot shall constitute a lien against
the property in question, the same as the lien for the general assessment pursuant to the
provisions of Article XXIII hereof, and all interest and remedies applicable to such lien
shall apply thereto.
XXVII. MODIFICATION OF RESTRICTIONS
All of these restrictions shall be deemed to be covenants running with the land
and shall endure and be binding upon all parties hereto, their successors and assigns, for a
period of twenty-one (21) years from the date of the recording of these covenants, unless
claims to continue any interest in the covenants are filed as provided by law.
Notwithstanding anything in this declaration or by statute to the contrary, any of
the covenants, conditions, provisions and restrictions of this declaration may be amended
or abrogated at any time by Hunziker Land Development Company, L.L.C. or their
successors or assignees, without the concurrence of any other Lot Owner, so long as
Hunziker Land Development Company, L.L.C.'s remaining interest in said Lots lthrough
21, Cameron Pines Estates owns one or more such lots that remain unsold to a home
builder or homeowner. Such modifications `or abrogations shall be by written document
duly signed and acknowledged by Hunziker Land Development Company, L.L.C., or
such successor or assignee, and recorded with the Recorder for Story County, Iowa.
All sales and transfers of said lots or parcels of ground during the time these
covenants, restrictions, and provisions remain in effect, shall be subject to said
restrictions.
XXVIII.NO PUBLIC DEDICATION
Nothing contained in this Declaration shall be deemed to be a gift or dedication of
any portion of Cameron Pines Estates to general public, or for the general public, or for
any public purpose whatsoever, it being the intention of Declarant that this Declaration
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shall be strictly limited to and for the benefit of the Owners of the Lots in Cameron Pines
Estates and the purposes herein expressed.
XXIX. 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.
XXX. GOVERNING LAW
This Declaration shall be construed in accordance with the laws of the State of
Iowa.
XXXI . CAPTIONS
The captions of the Sections and Subsections of this Declaration are for
convenience only and shall not be considered nor referenced in resolving questions of
interpretation and construction of this Declaration.
Signed and dated this-�—day of - & Q , 2002.
Rebecca S. McMillen
STATE OF IOWA, STORY COUNTY, ss:
On this day of�� L� , 2002, before me, Notary Public in
and for the State of Iowa, personally pea red Rebecca S. McMillen, to me known to be
the person named in and who execu d the foregoing instrument, and acknowledged that
she executed the same as her voluntary act and deed.
Notary Public in and for the State Iowa
.� REBECCA CRAW, F0p7—
commissic❑
OWN
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EXHIBIT "A"
LEGAL DESCRIPTION
OF
CAMERON PINES ESTATES
A tract of land located in the North Half of the Southwest
Quarter (N% SWt/4) of Section Twenty (20), Township
Eighty-four (84) North, Range Twenty-four (24) West of
the 5th P.M., Story County, Iowa, described as follows:
Commencing at the Southwest corner of the NW%4 SWl/4 of
said Section 20; thence N89°47'18"E, 60.00 feet along the
Southerly line of said N% SW'/4 to the point of beginning;
thence N00°30'30"W, 34.31 feet to a point on the existing
Easterly county road right-of-way line; thence continuing
N00°30'30"W, 30.00 feet along said Easterly right-of-way
line; thence S89°29'30"W, 10.00 feet along said Easterly
right-of-way line; thence N00°30'30"W, 407.89 feet to a
point on said Easterly right-of-way line; thence continuing
N00030'30"W, 731.90 feet along said Easterly right-of-
way, line; thence N44°14'19"E, 88.15 feet along said
Easterly right-of-way line to a point on the existing
Southerly county road right-of-way line; thence
N90000'00"E, 380.91 feet along said Southerly right-of-
way line; thence N00°00'00"E, 10.00 feet along said
Southerly right-of-way line; thence N90°00'00"E, 259.00
feet along said Southerly right-of-way line; thence
S00°00'00"W, 15.00 feet along said Southerly right-of-way
line; thence N90°00'00"E, 559.14 feet along said Southerly
right-of-way line to a point on the Easterly line of said
NW'/4 SW'/4; thence continuing N90000'00"E, 265.09 feet;
thence S00°23'00"E, 1256.55 feet to a point on said
Southerly line; thence S89°47'18"W, 1513.37 feet along
said Southerly line to the point of beginning; containing
44.16 acres subject to easements of record.
PADSKrauth\Cameron Pines Estates\covenants.doc
1 s Pt