HomeMy WebLinkAboutA006 - Building Restrictions and Protective Covenants dated December 2, 1994 BUILDING RESTRICTIONS AND -PROTECTIVE COVENANTS
FOR
SECOND ADDITION TO COUNTRY ESTATES
James R. Crotty (hereinafter referred to as "Grantor") , as
developer of Second Addition to Country Estates ("Subdivision") ,
does hereby establish and place the following building
restrictions and protective covenants and does hereby reserve
certain easements all as hereinafter specifically set forth on
the following described real property:
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Lots 1 through 7 (not including Outlot A) in Second
Addition, Phase I, Country Estates (except those lots
designated as streets) , an Official Plat, now included in
and forming a part of Story County, Iowa.
1. All lots described herein shall be known, described, and
used solely as residential lots, and no structures shall be
erected, used or occupied on any building lot except a
private single family dwelling not to exceed two stories in
height and a private attached or basement attached garage
for not less than two, no more than three, motor vehicles.
2 . No residential lots shall be subdivided.
3 . There will be one building per lot, and no unattached
buildings will be permitted. All garages will be attached
to or be basement attached to the residence.
4. No trailers, tent trailers, unlicensed vehicles, motor
homes, and/or manufactured homes (as defined in the Iowa
Code) , recreation vehicles, boats and/or trailers, shall be
used as a residence, temporarily or permanently, nor shall
. the owners of any lots park or permit to park any such
personal property and vehicles on any -lots, nor shall a
business of any kind be conducted in any residence or on any
lot. Provided, however, a business operated out of a
residence shall be permitted so long as it is done wholly
within the residence, it will not cause increased traffic or
congestion within the subdivision, and there will be no
outward indication, signs or otherwise, indicating such.
business enterprise. Nothing herein shall prevent an owner
from storing, housing or maintaining one or more of the
above items on the property for no more than three days per
month, nor prevent an owner from permanently storing or
housing one or more of the above mentioned items providing
that such item is completely enclosed from view in a garage.
5. No building or structure shall be constructed;' altered, or
maintained on any lot unless it has a driveway running from
a street to a dwelling, which must be of sufficient area to
park at least two .cars entirely off the street. All
driveways shall be constructed of concrete or bituminous
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6. Prior to altering of or construction on any lot, a site
plan, building plans and names 'of architects, contractors
-and subcontractors, plans of the. proposed structure
including paving, fencing, walls, and other improvements and
their locations on the site shall be submitted to Grantor or
his attorney-in-fact or successor in interest who. shall have
the right to approve or reject any of same. No dwelling
shall be permitted on any lot having a. ground floor square
foot living area of less than 1800 square feet in the case
of a one story structure, no less than 1500 square feet in
the case of a one and one half or two story structure. .
Split level dwellings must have not less than 1800 square
feet of finished area directly under the roof. Garages,
breezeways, porches, agd decks shall not be considered in
computing floor area. Drives into all lots shall be from
the street. No hedges, trees, or other shrubbery shall be
planted on any lot nor permitted at a height which will
interfere with clearance and visibility for traffic on the
streets in the subdivision. No more than 12 inches of
concrete or wood foundation shall be exposed on any building
unless painted or covered with brick, stone, veneer, or
siding.
7. A homeowners association will be formed following the sale
of all lots, at which time the homeowners association will
be responsible for all reviews and approvals as stated
herein. Each lot owner will be responsible to submit a site
plan showing existing topography, the general location of
existing trees, all proposed site improvements, building
floor plans and architectural elevations of all sides of the
proposed structure.
8. The titleholder of each lot, vacant or improved, shall keep
his lot free of weeds and debris and agrees to take all
steps necessary to control erosion on his lot. All lot
owners shall be responsible for implementing appropriate ;
erosion control measures before, during, and after
construction. Such measures may include temporary
sedimentation areas, silt fences, and ground cover, planting
and seeding to cover all exposed areas and prevent erosion.
If in the opinion of Grantor, his attorney-in-fact or
successor in interest, such erosion is not properly
controlled, corrective action may be taken and the costs
thereof assessed against the property owner.
9. No noxious or offensive trades shall be carried on upon any
lot, nor shall anything be done thereon which may be or
become an annoyance or a nuisance to the neighborhood. No
lot shall be used or maintained as a dumping ground for.
rubbish or debris of any kind.
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10. Construction of any residence shall be completed within one
year of the date said construction is begun, and excess dirt
from the evacuation shall be hauled away or used only as a
part of a graded landscape plan.
11. No fences shall be erected on any lot without the consent of
Grantor or his attorney-in-fact or successor in interest.
Chain link fences for small pets or tennis courts will be
considered but' must be approved and shall be properly
screened by reasonable shrubbery or decorative fence or
both.
12. All residential struct%ires shall comply with the provisions
of the county ordinances as they apply to setbacks from
front, rear, and sides of lots. No variances will be
allowed for exceptions to these setbacks, which are
considered minimums. Each lot owner shall be responsible
for their own septic system which will comply with county.
sanitation regulations.
13 . Titleholder of each lot agrees to restrain and keep from
running at large all dogs and cats, and no dogs or other
pets shall be bred or maintained for commercial purposes.
No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot except dogs and cats and
other common household pets. In no event shall more than
two dogs and/or cats be maintained on any one lot at any one .
time.
14. Should titleholder install a satellite dish, it will be so
located to not be visible to other lot owners or from the
Subdivision's streets. Only reasonable television or radio
antennas are permitted on dwellings or garages.
15. "Full-cutoff" outdoor lighting fixtures, where no light is
emitted at or above the horizontal plane of the fixture,
shall be required for dusk-to-dawn light fixtures that
exceed 300 lumens. Manually-switched or occupancy-sensor-
switched light fixtures that exceed 1000 lumens shall be
full-cutoff fixtures. Christmas lighting or other temporary
outdoor lighting is exempted from these requirements. All
outdoor light fixtures shall be designed, installed and
maintained to prevent light trespass beyond the boundaries
of the lot.
16. All titleholders shall connect to the public water supply,
which is to be provided by the Rural Water Association and
to natural gas.
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17. The Grantor or his attorney-in-fact or successor in interest
shall be responsible to set, and each lot owner shall pay an
equal prorata share of the cost of maintenance, repair, and
snow removal of the streets within the Subdivision as well
as the drainage systems, and including maintenance of the
common open land within the Subdivision, if any.
18 . Each titleholder shall be responsible for any costs in
connection with the installation and carrying of natural
gas, rural water, telephone and electrical service and other
utilities from the mains installed by Grantor to their
individual residences. Each titleholder shall extend such
service into his property at his own expense.
19. The common open space land, if any, set out in this
Subdivision as such is for the specific purpose of aiding in
a planned beautification and recreation program for all of
Subdivision. upon the sale of all lots in the Subdivision
by Grantor, Grantor, his attorney-in-fact or successor in
interest shall assign the beneficial interest in said
easements and property to the homeowners association and by
so doing, the benefits and obligations- thereof shall inure
to the lot owners of this Subdivision.
20. These covenants shall run with the land and shall be binding
upon all parties and all persons claiming under them until
July 1, 2014, at which time such covenants shall be
automatically extended for a successive period of 10 years
unless by a vote of the majority of the then owners of the
lots, it. is agreed to change the said covenants in whole or
in part.
21. If the parties hereto or any of them or their heirs or
assigns shall violate or attempt to violate any of the
covenants or restrictions herein stated before said
restrictions shall expire, it shall be lawful for any other
person or persons owning any other lots in said Subdivision
to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any
such covenants or restrictions and either to prevent said
person from doing so or to recover damages or other relief
'for such violation.
22. Should the Subdivision contain easements as shown on the
recorded plat thereof, the owner or .occupant of a lot shall,
at his own expense, keep and preserve that portion of the
easement within his property in good repair and condition
and shall neither erect nor permit erection of Any building,
structure, or fence of any kind within the easement which
might interfere in any way with the use of such easement.
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23 . Invalidation of any one of these building restrictions or
protective covenants by judgment or a court order shall in
no way affect any other provisions hereof, which shall
remain in full force and effect.
The above and foregoing building restrictions and protective
covenants and provisions for easements are for the mutual benefit
of all persons who shall acquire any lot iri the Subdivision and
are imposed by the undersigned Grantor, owner of all the lots in
said Subdivision.
IN WITNESS WHEREOF, I have h eunto set my hand at Story
County, Iowa, this A day of ��.er, 19�4 .
James R. Crotty
Michelle Crotty
STATE OF IOWA
ss:
STORY COUNTY
on this a day of 1994, before me the
undersigned, a Notary Public in and for said State, personally
appeared James R. Crotty and Michelle Crotty, husband and wife,
to me known to be the identical persons named in and who executed
the foregoing instrument and acknowledged that they executed the
same as their voluntary act and deed.
M GRACE .� N g Notary Public in and for the
yip t� q State of Iowa.
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