HomeMy WebLinkAboutA003 - Restrictive Covenants dated February 17, 2005 INSTRUMENT PREPARED Bv: I David W.Benson, 1416 Buckeye Ave.,Ames IA 50010 Tel:233-3000
RESTRICTIVE COVENANTS
WHEREAS, Airport Road Developers, L.C., an Iowa Limited Liability Company
("ARD"), is the sole lawful owner in fee simple of real estate (the"Subdivision") situated
in Story County,Iowa, described as follows:
Lots 1 and 2, Airport Road Subdivision, Third Addition, Ames, Story County,
Iowa.
WHEREAS, ARD for its protection and for the benefit of subsequent owners of
lots within the Subdivision,desires to restrict the use thereof in certain particulars.
NOW, THEREFORE, ARD hereby covenants, bargains and agrees for itself and
its successors and assigns that all lots within the Subdivision and the use thereof shall be
subject to the following covenants, conditions and restrictions:
1. No building or structure of any nature shall be commenced, erected or maintained
upon the real estate, 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 shall have been submitted to and approved by ARD as to the
harmony of external design and location in relation to proposed surrounding structures
and to topography. All buildings and improvements shall be of new construction only.
No pre-existing buildings shall be permitted to be moved onto a lot, nor shall any trailer,
mobile home or other similar structure be placed upon any lot, excepting those used on a
temporary basis by a contractor during construction. This covenant shall expire upon the
termination or dissolution of ARD as a legal entity. Evidence of such termination or
dissolution, if such occurs, shall be promptly filed with the office of the Recorder of
Story County, Iowa.
2. The dimension of any wall of any structure or improvement in the Subdivision
shall not exceed seventy percent (70%) of the total width of the lot so as to permit an
open view between the building and structures on adjacent lots. No fences, signs, dense
foliage or other objects shall obstruct the view.
3. Not less than ten percent (10%) of the total area of a lot shall be used for
landscaping and lawn purposes or green space.
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4. Buildings constructed in the Subdivision shall have all exterior surfaces
constructed of either brick, wood trim, stone, glass, exterior insulation and finish systems
(EFIS), or precast wall panels or combinations thereof, and no steel or metal siding will
be totally exposed on those buildings. No pole type building systems shall be allowed.
5. Front, side and rear yard setbacks to be in accordance with City of Ames Zoning
Ordinance.
6. Any improvement or structure built upon a lot shall be fully finished and ready for
use within twelve(12)months from the date of commencement of construction.
7. Equipment,trash cans, garbage cans and storage piles shall be kept screened from
view by adequate planting or fencing so as to conceal them from the view of other
owners of lots within the Subdivision. All rubbish, trash, or garbage shall be regularly
removed and shall not be permitted to accumulate.
8. All ground-mounted utility transformers situated upon any lot shall be
appropriately screened from view by either wood, brick, or shrubbery, but only in such a
manner as is permitted and authorized by the City of Ames, Iowa.
9. No lot within the Subdivision shall be subdivided without the prior written
approval of ARD. This covenant shall expire upon the termination or dissolution of ARD
as a legal entity.
10. These restrictions and conditions shall be deemed to be covenants running with
the land and shall endure and be binding upon ARD, its successors in interest and
assigns, for a period of twenty-one (21) years from the date of the recording of these
Restrictive Covenants in the office of the Recorder of Story County, Iowa. The benefit of
these Restrictive Covenants may be extended by the owner of any lot within the
Subdivision for an additional period of twenty-one (21) years by filing a "Verified
Claim", as provided by the Code of Iowa, in the office of the Recorder of Story County,
Iowa.
11. In the event of the violation of any of these Restrictive Covenants, any person or
entity then owning a lot within the Subdivision is specifically authorized to resort to an
action at law or in equity for relief, either by injunction or for damages, against the
person,persons or entity so violating these Restrictive Covenants.
12. Invalidation of any of these Restrictive Covenants by a judgment or order of court
having jurisdiction thereof shall in no way affect any of the other provisions which shall
remain in full force and effect.
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IN WITNESS WHEREOF, Airport Road Developers, L.C., has caused this instrument to
be executed this I day of Gjvvati ,2005.
AIRPORT ROAD DEVELOPERS, L.C.
By
Dan E. Hunziker,Mahager
STATE OF IOWA, COUNTY OF STORY, SS:
On / , 2005, before me the undersigned, a Notary Public
in and for the said state, 14ersonally appeared DEAN E. HUNZIKER, to me personally
known, who, being by me duly sworn, did say that the person is the Manager of said
LIMITED LIABILITY COMPANY executing the foregoing instrument; that NO
SEAL has been procured by the said limited liability company; that said instrument was
signed on behalf of said limited liability company by authority of its managers and the
said DEAN E. HUNZIKER acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed.
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Notary Public
OptAL DAVID W. BENSOM
COMMISSION NJ
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