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HomeMy WebLinkAboutA005 - Building Restrictions and Protective Covenants for Lots 1-9 ` Instrument: 200400007265 Date: 06-04-2004 Time: 09:53:48 as. ✓ Rec Fee: 41.00 E-Cam Fee: 5.00 Aud Fee: .00 Trans Tax: .00 Filed for Record in STORY COUNTY IOWA D SUSAN L. VANDE KAMP,COUNTY RECORDER RETURN M. tv Prepared by: David D.Nelson,Whitfield&Eddy,P.L.C.,210 N.Ankeny Blvd.Suite 100,Ankeny,IA 50021 (515)964-3633 BUILDING RESTRICTIONS AND PROTECTIVE COVENANTS FOR LOTS 1-9 BLOOMINGTON HEIGHTS PLAT 11 THIS DECLARATION is made this t�-hday of ,2004. WHEREAS,William C. Knapp,Trustee of the William C. Knapp Revocable Trust (hereinafter called `Declarant') is the Owner and Developer of certain real property known as Bloomington Heights Plat 11, located in the City of Ames, County of Story, in the State of Iowa,part of which shall be subject to these Building Restrictions and Protective Covenants and which part is more particularly described as follows and hereinafter referred to as the `Property': Lots 1 through 9, inclusive, Bloomington Heights Plat 11, an Official plat, now included in and forming a part of the City of Ames, Story County, Iowa. WHEREAS, Declarant is desirous of protecting the value and desirability of Bloomington Heights Plat 11, including the property described above. NOW,THEREFORE, Declarant hereby declares that all the Property as described above, namely consecutive numbered Lots 1 through 9 inclusive, Bloomington Heights, Plat 11, 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 property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and/or assigns, and shall inure to the benefit of each owner thereof. 1. DEFINITIONS. For the purposes of this Declaration, the following terms shall have the following definitions, except as otherwise specifically provided: A. `Bloomington Heights Plat 11' shall mean and refer to the real property located in the residential subdivision of Bloomington Heights, Plat 11, in and forming a part of the City of Ames, Story County, Iowa. 1 Instrument z0040o007265 B. `DECLARANT' shall mean and refer to the signatory hereto and its successors and assigns. C. `LOT' shall mean and refer to any individual parcel of land that is subdivided and made of record and described above, as shown upon the recorded plat of Bloomington Heights Plat 11. D. `BUILDING PLOT' shall mean and refer to one or more platted Lots, one platted Lot and portion or portions of adjacent platted Lots, or portions of platted Lots in the Property assembled to create a building site which shall meet minimum size and dimension requirements of local zoning ordinances and the building restrictions herein. E. `OWNER' shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Building plot which is a part of Bloomington Heights Plat 11. F. `OUTBUILDING' shall mean an enclosed covered structure not directly attached to the residence to which it is appurtenant. G. `PROPERTY' shall mean Lots 1 through 9 of Bloomington Heights Plat 11, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa, or any Lot, Building plot or portion thereof, subject to the restrictive covenants herein. 2. RESIDENTIAL. All Lots in the property shall be known and described as residential Lots, and shall not be improved,used, or occupied for other than private residential purposes. No full-time or part-time business activity which would be found to be in violation of the zoning ordinances of the City of Ames may be conducted on any Lot or in any building or structure constructed or maintained on any Lot in the Property, except model homes during the construction period and the sales offices of the Declarant or assigns. 3. BUILDING TYPES. No building or structure shall be constructed, altered, or maintained on any Building Plot other than a one-detached, single-family dwelling. No mobile home as defined in the Code of Iowa shall be placed on or erected on any Lot. 4. BUILDING AREA. No dwelling shall be constructed or permitted to remain upon any Building Plot unless it meets the following floor area requirements: 2 Instrument 200400007265 A. One story dwellings must have a ground floor finished area of not less than 1,050 square feet. B. One and one-half story dwellings must have 700 square feet of finished area on the ground floor and a total on the ground floor and a total on the ground floor and second floor of not less than 1,250 square feet. C. Two story dwellings must have 700 square feet of finished area on the ground floor and a total on the ground floor and second floor of not less than 1,370 square feet. D. Split-entry dwellings must have 900 square feet of finished area on the main level and total finished floor area of 1,300 square feet. E. Split-level dwellings must have not less than 900 square feet of finished area on the main levels and total finished floor area of 1,300 square feet. In the computation of floor area, the same shall not include any porches, breezeways, or attached or built-in garages. 5. BUILDING SET-BACK. No building shall be erected on any Lot nearer than the building setback lines as shown on the recorded plat, except as may be approved by the appropriate zoning authorities. 6. GARAGES Garages are not required when the single-family dwellings are initially constructed. Construction of any garages thereafter shall be done in accordance with the appropriate zoning laws and building codes. 7. DRIVEWAYS. All driveways shall be constructed of portland cement concrete or bituminous asphaltic concrete surfacing. 8. TEMPORARY STRUCTURES OR EQUIPMENT. No building or structure of temporary character and no trailer,basement, tent, shack, garage, or outbuilding shall be used at any time as a residential dwelling on any Building Plot, either temporarily or permanently. No commercial vehicles, tanks, or commercial equipment of any kind shall be located, stored, or parked 3 Instrument 200400007265 on any Building Plot. All recreation vehicles shall be parked or stored in the garage. 9. SIGNS. No sign of any kind or description shall be placed, exposed to view, or permitted to remain on any Lot, or any street adjacent thereto, except street markers, traffic signs, and other signs displayed by the City of Ames, or by other governmental units, and signs not exceeding one hundred (100) square inches in area upon which there shall be exhibited the street number or name or both of the resident. In the event that any sign other than those described above shall be placed or exposed to view on any of the Lots restricted hereby, the officers or agents of the Declarant are hereby given the right to enter upon any such Lot and remove such signs. Real estate signs and development promotion signs by the developer, or assigns, will be permitted until the development is completed and signs to show property for sale shall be permitted on each Lot. 10. TRASH RECEPTACLES. No trash receptacles or garbage cans shall be permitted to be placed outside of a building or a structure on any Building Plot for more than twenty-four(24) hours each week for garbage collection, unless made of stone or brick, or unless hidden by an attractive screen of suitable height, or unless sunken to ground level in a hole lined with permanent cribbing. 11. UTILITIES. All utility connection facilities and services shall be underground. No individual water supply system or individual sewage disposal system shall be permitted on any Building Plot. 12. SATELLITE DISHES, TOWERS AND ANTENNAS A. Satellite dishes or parabolic devices in excess of twenty inches (20") in diameter used to receive television or other signals from satellites shall not be permitted. The satellite dish or parabolic device shall be mounted on the rear elevation of the dwelling or garage, 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. B. No exterior towers or antennae of any kind shall be constructed,modified or permitted on the ground of any Lot or on any dwelling, garage or other permitted structure. All antennae shall be concealed with the attic space 4 Instrument 200400007265 of the dwelling or garage. 13. NUISANCES. No obnoxious or offensive activity or odors shall be permitted on or to escape from any part of the property, nor shall anything be done thereon which is or may become an annoyance or a nuisance, either temporarily or permanently. 14. LIVESTOCK AND POULTRY PROHIBITED. No animals, livestock or poultry of any kind shall be raised,bred or kept on the property, except the 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 dogs be maintained on any one Building Plot at anyone time. Dogs must be tied or fenced in a dog run. 15. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of Bloomington Heights Plat 11. The owner or occupant of a Building Plot shall at their expense, keep and reserve that portion of the easement within his property at all times in good repair and condition, and shall neither erect nor permit erection of any building or structure of any kind or permit any growth of any kind within said easement which might interfere in any way with the use and patrolling of any of the utility services and drainage located in the easements. 16. SEED, SOD AND WEED CONTROL. All Lots must be sodded or seeded with grass. A homeowner must maintain a weed-control program. The owner or persons in possession of a Building Plot which is improved with buildings constructed on the Building Plot, shall keep the same free of weeds and debris and agrees that after written notice given by certified mail to such owner or persons in possession by any property owner of Lots 1 through 9, Bloomington Heights Plat 11 owning such property within 500 feet of such Lot, such weeds shall be cut and such debris shall be removed within fifteen(15) days, failing which the property owner giving such notice, as the case may be, may enter upon the property to cut or cause to be cut, such weeds, or to remove or cause to be removed, such debris, and shall have a right of action against the owner of such Lot for collection of the cost thereof. 5 Instrument 2W400007265 17. HOUSE COLORS. The developer, or his assigns must approve all exterior house and masonry colors on homes initially constructed. 18. SIDEWALKS AND STREET TREES. �A\ The purchaser of a Lot shall, at the purchaser's expenses public sidewalks and plant street trees in accordance with specifications of the City of Ames upon the earlier of the date the dwelling is built upon the Lot, or within one year of purchase of the Lot from the Declarant. 19. GENERAL PROVISIONS; DURATION OF DECLARATION A. Specific Enforcement Of Restrictions. All Owners of Lot covenant and agree,by acceptance of a deed to such Lot, whether or not it shall be so expressed in such deed, that monetary damages may not provide adequate compensation for the breach of the restrictions and covenants contained in this Declaration and that this Declaration may be specifically enforced by Declarant,the City, the Board, or an adversely affected Lot Owner. B. Attorneys Fees. In the event 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 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. C. Covenants Binding and Running with The Land. Each of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration shall be binding upon and inure to the benefit of Declarant, and the Owners of each Lot, and their successors and assigns and all parties and persons claiming under any of them, and shall be deemed covenants that run with the land, and shall continue for the applicable periods specified in this Declaration. It is the intent that, notwithstanding anything in the Code of Iowa to the contrary, all of the conditions, covenants, easements, indentures,restrictions and reservations contained in this Declaration shall be covenants running with the land for the full period specified in this Declaration without further action by either Declarant or any Owner of any Lot in Bloomington Heights Plat 11. However, in the event that Section 614.24 of the Code Iowa, as the same may be amended or replaced,may require that a verified claim be filed in the Office of the Recorder for Story County, Iowa prior to the twenty-first anniversary of the date of this Declaration or the twenty-first anniversary 6 Instrument 200400007265 of the last filing of such verified claim in order to continue all or some of the covenants of this Declaration, including, but not limited to, any covenant, term,provision or restriction that is or may be considered a use restriction, reversion or right of reverter, in effect throughout the applicable periods specified in this Declaration, then: (1) any or all of the Owners of the Lots, acting jointly or severally, shall file all verified claims necessary to keep all of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration throughout the applicable periods specified in this Declaration; (2) a verified claim filed by the any Owner of a Lot in Bloomington Heights Plat 11 shall be valid and binding upon all the then Owners of Lots in Bloomington Heights Plat 11, and their successors and assigns, with the same effect as if executed by all such persons, and in order to facilitate filing of any verified claim required to so continue all or any of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration throughout the applicable periods specified in this Declaration in full force and effect, the each Owner of a Lot is hereby irrevocably appointed the attorney-in-fact for all of the other interested parties for the purpose of filing any such verified claim. D. Duration. Any easements granted in or pursuant to this Declaration, and any other provisions of this Declaration to the extent applicable to such easements, and any other covenants, indentures, restrictions and reservations of this Declaration that are reasonably or necessarily incidental to the benefit or burden of such easement rights, including any rights of assessment or for liens for the payment of costs associated therewith, shall continue in perpetuity, unless sooner modified or terminated as provided in this Declaration. Except as provided in the preceding paragraphs of this Section, the covenants, conditions, restrictions and easements in this Declaration are to run with the land and shall be binding upon all parties and all persons claiming under them for an initial period of twenty-one years after the date they are recorded in the Story County Recorder's Office, and shall automatically renew for successive terms of ten(10) years each, unless sooner modified or terminated as provided in paragraph C of this Article. E. Amendment of This Declaration. This Declaration maybe amended in writing by an instrument signed and filed of record in the Office of the Story County, Iowa Recorder,by at least fifty percent (50%) of the Lot owners if the Declarant does not own a Lot. Notwithstanding the foregoing, the Declarant retains the right to amend this Declaration so long 7 Instrument ` 200400007265 as Declarant has an ownership interest in any Lot. In the event Declarant exercises Declarant's right to amend the Declaration, Declarant will, within thirty(30) days of recording such amendment,mail a copy of the recorded amendment to all Owners owning a Lot on the date of recording such amendment. F. Severability. In the event any provision of this Declaration is held invalid, illegal, or unenforceable, in whole or in part, the remaining provisions of this Declaration shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court fords that any provision of this Declaration is invalid, illegal or unenforceable as written or applied, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written or applied and shall be construed and enforced as so limited. G. Captions. The captions of the articles, sections and any paragraphs, of this Declaration, or the lack thereof, are for convenience only and shall not be considered nor referenced in resolving questions of interpretation and construction of this Declaration. IN WITNESS WHEREOF, William C. Knapp, Trustee of the Williapa C. Knapp Revocable Trust,has caused this instrument to be executed this day of May, 2004. WILLIAM C. P REVO ABLE TRUST By: Wlriia7 rr, s STATE OF IOWA ) ) ss: COUNTY OF POLK ) This instrument was acknowledged before me on May,5_, 2004,by William C. Knapp as Trustee of the William C. Knapp Revocable Trust. DARYL A.NEUMANN x Cwff" n NWFhW= 4 °w� MY October ear 1 m mpka Notary u lic in and for the State of Iowa 8