HomeMy WebLinkAboutA012 - Restrictive Covenants dated January 26, 2004 RESTRICTIVE COVENANTS
WHEREAS, the undersigned are the owners of the lots contained in the South Fork
Subdivision, Second Addition, 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, any reference hereinafter made
to "Lot" or "Lots" refer only to the South Fork Subdivision, Second Addition, in Ames, Iowa,
described as: Lots 1-20, inclusive, Second 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 residence's or split-entry residences shall have a ground floor
furnished area of not less than 1,100 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 900 square feet
and a total finished area on the ground floor and the second floor of not
less than 1,300 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 800
square feet and a total finished area on the ground floor and the second
floor of not less than 1,400 square feet.
(d) The computation of the floor area shall not include porches, breezeways
or garages.
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 Southfork
Development, L. L. C., 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 dwelling's have been constructed on all
lots within this South Fork Subdivision in Ames, Iowa, the requirements imposed by this
paragraph shall terminate.
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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 lot.
(c) All dwellings must have a garage.
(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.
Q) 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.
(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
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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 of 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 day of 200 , in Story County,Ames, Iowa.
SOUTHFORK DEVELOPMENT, L. L. C.
Terra Firma, L. P., Member
By David Keller, Vice-President
Ev Cochrane &Associates, Inc., General Partner