HomeMy WebLinkAboutA006 - Second Amendment to Declaration of Covenants, Conditions and Restrictions for Bloomington Heights West Townhomes Instrument: 200400008525
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Filed fsr Re%ard in STORY COUNTY Town
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Prepared by&Retum to:Nathan J. Barber 3101 Ingersoll Ave Des Moines Iowa 50312 515 279 9059
co SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR BLOOMINGTON HEIGHTS WEST TOWNHOMES
THIS SECOND ANENDMENT is made this 16th day of June, 2004,
by BLOOMINGTON HEIGHTS WEST TOWNHOMES, L.C. , an Iowa limited
liability company, Declarant of the Declaration of Covenants,
Conditions and Restrictions for Bloomington Heights West
Townhomes recorded September 25, 2002 as Instrument No. 02-14649
and amended March 22, 2004 as Instrument No. 04-03250, all in the
records of Story County, Iowa (hereinafter collectively referred
to as the "Declaration") .
WHEREAS, pursuant to the Declaration, Declarant has
established and placed certain covenants, conditions and
restrictions on the following described real estate:
Lots 1 - 26 and Outlot "A" in BLOOMINGTON HEIGHTS WEST
TOWNHOMES PLAT 1, an Official Plat, now included in and
forming a part of the City of Ames, Story County, Iowa;
and
WHEREAS, pursuant to Article XV Sections 1 and 2 of the
Declaration, the Declarant has the right to convey additional
Common Area to the Association and the right to subject
additional land to the terms of the Declaration at any time
without approval or consent of the Association or any other
person; and
WHEREAS, Declarant desires to subject additional Common Area
and additional land to the terms of the Declaration.
NOW, THEREFORE, Declarant hereby amends the Declaration as
follows:
1. Lots 1 - 44 in BLOOMINGTON HEIGHTS WEST TOWNHOMES PLAT
2, an Official Plat, Ames, Story County, Iowa (the "Additional
Land") are hereby subjected to . the terms and conditions of the
Declaration and the Owners of Lots within the Additional Land
shall automatically become members of the Association in the same
fashion as described in the Declaration and are hereby subjected
to the same terms, conditions, duties and assessments as
described in the Declaration.
2. Outlot "B" in BLOOMINGTON HEIGHTS WEST TOWNHOMES PLAT
2, an Official Plat, Ames, Story County, Iowa (the "Additional
Common Area" shal
l be conveyed by the Declarant to the
Association and the Association shall hold and maintain the
Additional Common Area pursuant to the terms and conditions
described in the Declaration.
3 . Except as expressly amended hereby, all of the terms
and conditions of the Declaration shall continue in full force
and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the undersigned has executed this Second
Amendment as of the date and fi t above written.
B OMINGTON WEST TOWNHOMEs, L.C.,
n Iowa lim' iability company
B
John mble, Secretary
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this 16th day of ,Tune, 2004, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
JOHN D. GAMBLE, to me personally known who, being by me duly
sworn, did say that he is Secretary of the Iowa limited liability
company executing the foregoing instrument; that no seal has been
procured by the limited liability company; that the instrument
was signed on behalf of the limited liability company by
authority of its managers and that JOHN D. GAMBLE acknowledged
execution of the instrument to be the voluntary act and deed of
the limited liability company by it voluntarily executed.
Printed Name: Sew
Notary Public
USA MAJORS
CAmmissian Nt MW 713128
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