Loading...
HomeMy WebLinkAboutA009 - Declaration of Covenants, Restrictions and Conditions dated June 7, 2002 Space above for recording data By: Craig R.Hastings,Attly at Law,409 Duff,PO Box 1794,Ames,IA 50010(515)232-2501 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS OF STAGE COACH SUMMIT, SECOND ADDITION, STORY COUNTY, IOWA RECITALS: 1. Jesse P. Goff, the Declarant, is owner in fee simple of the Lots in Stage Coach Summit, Second Addition, Story County, Iowa, which lots are affected by this declaration. 2. The Declarant subjects all of the Lots to the following covenants, charges, assessments, conditions, and restrictions subject to the limitations contained in this declaration. ARTICLE I. DEFINITIONS. A. "Owner" shall mean the record title holder, whether one or more persons or entities and whether equitable title holder or a fee simple title holder, of any Lot in the Subdivision. The term "Owner" shall not include contract sellers or those having an interest in a Lot which is merely as security for the performance of an obligation. As the context requires, the term shall also refer to the members of the Owner's household residing on the Lot. B. "Declarant" shall mean Jesse P. Goff C. "Lot" shall mean any numbered parcel shown upon the recorded plat of the Subdivision. D. "Declaration" shall mean the Declaration of Covenants, Conditions and Restrictions. E. "Subdivision" shall mean Stage Coach Summit, Second Addition, Story County, Iowa. P 1 �. Z ARTICLE II. USE OF LOTS. A.. All Lots shall be known, described and used solely as single-family residential lots. No more than one single-family dwelling shall be constructed on any one Lot, provided that structures designed as cottages for residence on a temporary basis or for agricultural help may be constructed. No other building shall be erected on a Lot except for a residence garage and such other outbuildings as are incidental to the residential use of the property. Lot 2 may have such additional outbuildings as are permitted under the zoning classification for this Lot. B. SEASONAL CREEK SET-BACK. No single family dwelling shall be constructed on any Lot in the area of the Lot lying within 50 ft of the path of the seasonal creek running through the timbered area of the subdivision. No structure or other matter shall be placed by or allowed to remain by an Owner which would impede the normal flow of the creek running through the subdivision. C. SUBDIVISION OF LOTS. No Lot shall be subdivided. D. EROSION CONTROL. Each Owner shall take necessary steps to control erosion on the Owner's Lot. Excavation and filling shall be done in such manner that natural drainage is not altered to the detriment of adjacent properties. E. TIMBERED AREA PRESERVATION. No buildings shall be erected within the timbered areas (as designated on the city of Ames plat as a Timbered Natural Resource area to be preserved). Live trees are not to be cut down within this timbered area. F. DWELLING SPECIFICATIONS. All structures permitted above shall be of new construction only. No residence of any kind shall be constructed of boxed or sheet metal construction unless the same is covered upon all its outside walls with stucco, weatherboard, brick, stone or other veneer material. G. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn or other outbuildings shall at any time be used as a residence either temporarily or permanently nor shall a residence of a temporary character be permitted, except on Lot 2. H. OFFENSIVE TRADE. No obnoxious or offensive trade shall be carried upon any Lot. Nor shall anything be done thereon that may be or may become a nuisance to the neighborhood. Uses permitted by county zoning laws shall not be considered obnoxious, offensive or a nuisance. I. SHARED DRIVEAYS. The cost of installation, maintenance and repair of, commonly shared roadways (driveways) shall be shared equally by the Owners of Lots bordering such roadways. Maintenance, repair and replacement shall include filling of chuckholes, resurfacing (with the surface originally constructed), sweeping and removal of snow and debris. No maintenance or repair costing more than$100.00 shall be done without the written agreement of the parties. Neither adjoining Owner shall have the right to require the other to share the cost of resurfacing with a hard surface without the consent of the.other. p.2 • J. YARD MAINTENANCE. The Owners, whether their Lot is vacant or improved, shall keep the lot weed controlled and free of junk or debris. Junk or debris shall include, but not be limited to: non-working vehicles or machinery of any sort which is not shielded by fencing or vegetation. K. KEEPING OF LIVESTOCK. The following rules shall govern the keeping of livestock on any Lot. 1. All livestock shall be confined to the Lot by good quality fencing. 2. No livestock may be kept in violation of Story County ordinances. L. PETS. No domestic pets shall be allowed to run at large but shall be confined to the premises of the Owner unless attached to a leash or under voice control: M. UTILITIES. All electrical and telephone utility service lines on the Lots, other than Lots 1 and 2, shall be constructed underground. All plumbing and septic tanks and sewage disposal fields installed on or for any Lot shall comply with the standards and requirements of the Iowa State Board of Health and the local Board of Health having jurisdiction over the premises. Every dwelling shall have direct and adequate tile connections with an adequate septic tank. ARTICLE III. LAKE COVENANTS. A. LAKE OWNERS. There is a Lake, locally known as Arnold Lake, which lies upon Lots 1 and 2 of the Subdivision. The Owner, for the Owner's protection and for the benefit of subsequent Owners of Lots 1 and 2, desires to regulate the use of the Lake as described in this Declaration. B. USE. The Owners of Lots 1 and 2 and any guest of these Owners may use the Lake, including any part thereof, subject to the written rules and regulations the Owners of Lots 1 and 2 may, from time to time adopt, for the following purposes: fishing, swimming, non- motorized boating, or ice skating. No such use shall interfere with the use and enjoyment of either Owner or be injurious to the Lake or the Owners of Lots 1 and 2. C. MAINTENANCE. The Owners of Lots 1 and 2 shall keep and maintain the Lake in good condition for the uses set out in this agreement in accordance with the applicable regulations of the Iowa Department of Natural Resources or any successor agency. The Owners of Lots 1 and 2 shall share bear costs based upon each such Owner's length of lake water frontage of stocking, maintenance, repair, upkeep, and improvement of the Lake, including the dam and associated structures, of every type and manner. The Owners of Lots 1 and 2 shall all agree upon all such expenditures. In the event that any of the two subject parcels are subdivided then this agreement will be binding upon the new Owners also based upon each Owner's length of lake frontage at the time of such improvements. D. SHORES. The Owners of Lots 1 and 2 may regulate and restrict the use of the shores and improvements constructed upon their respective parcels, and no other Owner or guest shall interfere with such Owner's quiet use and enjoyment thereof The Owners of Lots 1 and 2 may use and improve the shores upon their respective parcels at their own expense, but no such improvement shall interfere with the use and enjoyment of the other Owners or be injurious to p.3 PC; e the,Lake or the Owners. Each Owner may construct docks and sand beaches. Any such improvement shall remain the property and the'responsibility of the Owner upon whose parcel such improvement rests. E. CROSS-EASEMENTS.,By this Agreement, the Owner of Lots 1 and 2 reserves for Owner's and for the Owner's successors in interest the right to use the Lake for the purposes set out herein and subject to the restrictions set out herein. The rights and restrictions get out herein shall be appurtenant to Lots 1 and 2. F. LIABILITY. The Owners of Lot 1 and 2 shall each keep and maintain general liability, property damage, and umbrella insurance in prudent amounts not less than five hundred thousand dollars ($500.,QDO)per Owner and covering their respective interests in the Lake. ARTICLE IV. OTHER TERMS. A. TERM. These covenants, conditions, and restrictions shall run with and bind the land for a tern of twenty-one years from the date.this document is recorded. B. AMENDMENT. These Covenants may be amended by the vote of at least 75% of the Owners, provided no amendment of Article III shall be allowed without the written consent of both of the Owners of Lots 1 and 2. C. VOTING PERCENTAGES. Whenever in Declaration the term Owner is used it . shall be assumed that each Lot has only one Owner even though title may be held in more than one name. Each Owner shall be entitled to one vote for each Lot owned. All decisions shall be made by majority vote, unless a greater percentage is required by law. D. VERIFIED CLAIM. Any Owner is empowered and authorized to file a Verified Claim with the Story County Recorder, at any time prior to the expiration of the current twenty year term, in accordance with the requirements of Section 614.24, Code of Iowa, or its successor. The filing of such Verified Claim shall cause these Restrictive Covenants to be extended for an additional twenty year term from the date of such filing, for'all Lots. Additional Verified Claims, each extending these Restrictive Covenants for an additional twenty-one year term may be filed in the same manner. E. ATTORNEY FEES & COSTS. In case of any action or proceeding initiated by an Owner to enforce or protect any rights under this Agreement the prevailing party shall be entitled to recover, to the extent permitted by law, reasonable attorney fees, court costs and other expenses advanced to enforce or protect the prevailing party's rights under this Agreement. F. SEVERABILITY. If any part of this Agreement shall be adjudged invalid or unenforceable such adjudication shall not affect the validity or enforceability of this agreement as a whole or any.part thereof not adjudged invalid or unenforceable p•4 x Signed this 7 4-�day of 2002. Jes P. Goff STATE OF IOWA, COUNTY OF STORY) - This instrument was acknowledged before me on �v�2 7 , 2002 by JESSE P. GOFF. Sign name here Print name here arlc t4, TZ! q aH d Notary Public in and for said State and County IWA MARK A.TEIGLAND COMMISSION NO.710239 MY COMMISSION EXPIRES MAY 241 2004 P. 5