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HomeMy WebLinkAboutA016 - Warranty Deed dated January 15, 2003 ' U 3 ® 01 7 ® 4 ^REAL ESTATE TRANSFER INST.NO. TAX PAID C� STATE or 10` A STORY COUNTY, 10101A o FILED FOR RECORD , r,.is.; STAMP p - // Story Count' ` � V AW JAN 2 8 2003 PM lZ $ �.3g;lo- M Entered for taxation SUSAN!_VANDE KAMP,Rworde,5V\ — RECORDER s V'r MARY Mo UNMAN MC-FM S-Q W2AU®.FEE 3_,Z CV IQ ! 3 gS GATE �pUNTY COLIM Auditor Space above for recordingdata By: Craig R.Hastings,Aft'—at Law,409 Duff,PO Box 1794,Ames,IA 50010(515)232-2501 Send Tax Stmt.To: j CIA LF fEL G C &I 4VC A,,f'C / Cod t3 WARRANTY DEED KNOW ALL PERSONS THAT BY THIS INSTRUMENT: EDWIN B. FINCH and MARY E. FINCH, a married couple, for valuable consideration CONVEY(S)to: JAMES W. PALENSKY and TERESA A. SCHEIB-PALENSKY, AS TRUSTEES OF THE PALENSKY 1998 TRUST, DATED FEBRUARY 25,1998, the following described real estate in Story County, Iowa: Lot 1, Palensky Subdivision, Story County, Iowa This deed is given subject to certain restrictive covenants which are shown on the attached Exhibit A AND the Grantor(s)do HEREBY COVENANT with the Grantee(s),and successors in interest, that Grantor(s)hold this real estate by TITLE IN FEE SIMPLE; that they have good and lawful AUTHORITY TO SELL AND CONVEY the same; that this real estate is FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES WHATSOEVER,except as may be stated above; and Grantor(s) covenant to WARRANT AND DEFEND the real estate against the lawful claims of all persons whomsoever except as may be stated above. If a spouse who is not a titleholder executes this deed, that spouse does not join in the warranties stated above, but executes solely for purposes of releasing rights of dower,homestead and distributive share. Each of the undersigned releases all rights of dower, homestead and distributive share in and to the real estate described above. Words and phrases herein,including the acknowledgment, shall be construed as in the singular or plural number and as masculine,feminine or neuter gender, according to the context. Signed this /S day of 3 A YU• , 2003. Edwin B. Finch 4aryYE. inch� STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on January 2003 by EDWIN B. FINCH and MARY E. FINCH. Sign name here 0 Print name here« k[A RAIG R. HASTINGS Notary Public in and for aid State and County "" OMMISSION NO. 139821 FY COMMISSION EXPIRES JUNE 26 2004 FINCH TO PALENSKY TRUST WARRANTY DEED EXEIIBIT A Restrictive Covenants ARTICLE I.DEFINITIONS. A. "Owner" shall mean and refer to 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 which is a part of the Properties. 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 requireq, the term shall also refer to the members of the Owner's household residing on the Lot. B. "Property" shall mean and refer to that certain real estate described as Lot 1, Palensky Subdivision, Story County, Iowa. C. "Lot" shall mean and refer to the Property and any lot within the Property should it be subdivided. D. "Declaration" shall mean and refer to these Restrictive Covenants. E. "Maintain" shall include but not be limited to (i) repair, (ii) replacement, (iii) regular mowing, weeding and landscaping, including the planting of trees, shrubs, bushes and flowers, and (iv) in the case of the roads: removing of snow and ice and resurfacing, whether with the same surface material or a different surface material. "Maintain" shall also include any actions designed to improve the thing being maintained. F. "Finch" shall refer to EDWIN (BUD) FINCH and MARY FINCH and their successors in interest in Lot 2, Palensky Subdivision, Story County, Iowa. ARTICLE II. USE OF LOTS. A. RESIDENTIAL USE AND SUBDIVISION. 1. All Lots in the Property 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. 2. 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 Property. 3. For the purposes of these covenants a "single family dwelling" shall be defined as: a building designed for or occupied exclusively by one family, their immediate relatives, such temporary residents.as foreign exchange students or other students residing with the family. l • 01� 4. Home occupations shall be permitted in the dwellings. However, no home occupations shall be permitted which entail excessive numbers of clients or customers coming to the residence. B. DWELLING SPECIFICATIONS. All structures permitted above shall be of new construction only. A single-story, split-foyer or split-level style dwelling shall cover a ground floor living area of at least 1500 square feet, and one and one-half story and two story dwellings shall contain a ground floor square foot living area of at last 800 square feet, all exclusive of attached porches, breezeways, patios, courts, and garages. No dwelling 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. C. 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. D. 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. The determination whether something has become a nuisance shall be made by Finch. E. KEEPING OF LIVESTOCK. The following rules shall govern the keeping of livestock on any Lot. 1. -No livestock other than those shown on the following table may be kept without the written consent of Finch. 2. The number of livestock kept on any Lot shall not exceed the limits: No. Per Unit Of Lot Area Species Unit of Lot Area a. 1 Equine 1 acre b. 1 Bovine 1 acre C. 1 Swine 1 acre d. 20 Chicken 1 acre e. 3 Sheep 1 acre 3. All livestock shall be confined to the Lot by good quality fencing. F. 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. Finch shall have the right, after reasonable notice to the Owner, to have any domestic pet violating this provision picked up by the animal control authorities. No commercial pet raising shall be permitted. G. MAXIMUM HEIGHT OF STRUCTURES. The maximum height of structures in the Properties shall not violate any applicable city or county ordinances. H. COMPLETION TIME LIMIT. Any dwelling constructed on the Lots of the Properties shall be fully finished and completed within nine months after commencement of construction. I. UTILITIES. All electrical and telephone utility service lines in the Properties'< 11 be constructed underground. All plumbing and septic system lines installed on or for any Lot shall be underground and 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 connections with these utilities. J. 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 aesthetically pleasing fencing or vegetation. In the event the Owner has a lawn, it shall be kept mowed and raked. Each Owner shall be responsible for the maintenance of that Owner's driveway. K. EROSION. 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. ARTICLE III. ADMINISTRATION OF RESTRICTIVE COVENANTS. A. VIOLATIONS. If any of the Owners, their heirs, successors or assigns shall violate or attempt to violate any of the covenants, conditions or restrictions herein, it shall be lawful for any other Owner or Finch to prosecute any proceedings at law or in equity against the violator(s)to enjoin or prevent the violator from so doing, to recover damages or assessments, or for specific performance in complying with said covenants, conditions or restrictions. B. INVALIDATION. The invalidation of one or more of these covenants, conditions and restrictions by judgment or Order of Court shall not affect the other provisions, which shall remain in full force and effect. C. DURATION AND AMENDMENTS. The covenants, conditions and restrictions of this Declaration shall run with and bind the land, for a term of twenty-one (21) years from the date this document is recorded. The covenants, conditions and restrictions may be extended for additional terms of twenty-one (21) years any time during the current twenty-one (21) year term by following the procedure set forth below. This Declaration may be amended at any time by the vote of 75% of the Owners. Any amendment shall be recorded by the Owners. No such amendment shall modify the rights of Finch under this Declaration without the written consent of Finch. D. EXTENSION OF TERM OF COVENANTS. Any Owner or Finch 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-one (21) 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-one (21) year term from the date of such filing, for all Lots. Additional Verified Claims, each extending these Restrictive Covenants for an additional twenty-one (21) year term may be filed in the same manner.