HomeMy WebLinkAboutA010 - Restrictive Covenants and Regulations for Single Family Homes dated August 30, 2005 c Instrument:2005- 00010920
.A- Date:Sen 01►2005 04:06:27P
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o ¢9 Filed for record in Stops Counts► Iowa
�. Susan L. Vande Kama► County Recorder
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Instrument Prepared By: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,Iowa 50010;(515)233-3000
Retum Document to Deborah S.Krauth, 1416 Buckeye Ste 200 Ames Iowa 50010.(515)233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN TAYLOR GLENN SUBDIVISION SECOND ADDITION
WHEREAS,the undersigned is the Owner of the Lots contained in Taylor Glenn Subdivision
Second Addition to Ames, Iowa; and
WHEREAS,for their own protection and for the benefit of subsequent owners of Lots within
said subdivision, the said Owner desires to restrict the use thereof in certain particulars;
NOW, THEREFORE, the parties hereto, in consideration of the covenants and agreements
contained herein,by these presents, covenant, bargain and agree for themselves for their successors
and assigns, as follows:
1. All Lots shall be known and described as residential Lots and shall not be improved,
used or occupied for other than private single-family residential purposes.
2. The residences to be constructed or to be permitted to remain on Lots 1 through 19
shall meet the following requirements:
a. One-story residences or split entry residences shall have a ground floor
finished area of not less than 1,400 square feet.
b. One and one-half story residences or split-level residences shall have a total
finished area on the ground floor and the second floor of not less than 1,500
square feet.
C. Two-story residences shall have a total finished area on the ground floor and
the second floor of not less than 1,500 square feet.
d. The computation of the finished area shall not include porches,breezeways or
garages.
3. No Lot shall be subdivided for the purpose of constructing more than one residence
per Lot; however, parts of Lots may be conveyed to adjoining Lot Owners for any
other purpose.
4. No building,fence,wall or other structure shall be commenced, erected or maintained
on any Lot, nor shall any exterior addition, change or alteration 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 the managers
of Hunziker Land Development Company, L.L.C. hereinafter referred to as
"Developer," or by an Architectural Committee appointed by the Developer. The
primary guidelines for approval are that the plans and specifications reflect harmony
of external design and location in relation to surrounding structures and drainage
patterns in accordance with the storm water management plan. In the event
Developer or the Architectural Committee fail to approve or disapprove a design or
location within thirty (30) days following submission of the plan to them, approval
shall not be required and this restriction shall be deemed met.
When dwellings have been constructed on all Lots within Taylor Glenn Subdivision
Second Addition to Ames, Iowa, the requirements imposed by this paragraph shall
terminate.
5. The following restrictions shall also constitute covenants:
a. There shall be no mobile homes placed or erected on any Lot.
b. No pre-erected dwelling shall be moved to any Lot.
C. All dwellings must have, at a minimum, a double attached garage.
d. No more than twelve inches of concrete block, poured concrete or wood
foundation shall be exposed on any building unless the exposed material is
covered with brick, stone veneer or siding.
e. All Lots may have dog runs,tool sheds or other outside structures of no more
than 100 square feet total floor area. The exterior of these structures must
match the exterior finish of the main structure on the Lot.
f. All Lots may have fences in the rear yard only. Chain link fences shall be
permitted; however, no galvanized finish shall be permitted.
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g. All building structures or improvements of any kind must be completed within
twelve months of the commencement date of the construction and
construction must begin within twelve months of the date on the deed from
Developer. All excess dirt from the excavation shall be hauled from the Lot or
used as a part of the final landscape plan. Any excess dirt, concrete or other
debris may not be placed on other land within the subdivision. IF
CONSTRUCTION HAS NOT BEGUN ON A LOT WITHIN 12
MONTHS OF THE DATE ON THE DEED FROM DEVELOPER,
THEN THE OWNER OF RECORD,AT DEVELOPER'S REQUEST,
AGREES TO DEED THE PROPERTY BACK TO DEVELOPERFOR
90% OF THE ORIGINAL PURCHASE PRICE WITH NO
ADJUSTMENT FOR TAXES, CLOSING COSTS OR INTEREST AT
THE TIME THE DEED IS CONVEYED TO DEVELOPER.
DEVELOPER WILL PAY ONLY FOR DEED PREPARATION,
RECORDING FEES AND TRANSFER TAXES. ON ISSUANCE OF
AN OCCUPANCY PERMIT FOR A RESIDENCE, THIS RIGHT TO
REPURCHASE SHALL TERMINATE AS TO THAT LOT.
h. All homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three homes per year.
i. All finished Lots and house grades shall conform to the Developer's grading
plan which may be obtained from the Developer during construction.
j. No individual mailboxes are permitted. Cluster mailboxes will be installed by
the U.S. Postal Services.
k. No above ground or non-permanent swimming pool shall be permitted on any
Lot.
1. No building or structure of a temporary character and no trailer, basement,
tent, shack, garage or outbuilding shall be used at any time as a residential
dwelling on any Lot, either temporarily or permanently.
In. No recreational vehicle or boat shall be parked on a Lot for a period of time
exceeding 48 hours.
n. No rubbish containers shall be visible from the street except on pickup day
and one day before and one day after pickup day. Construction waste
containers shall be exempt from this provision; however, the builder or Lot
owner shall be responsible for keeping the construction debris contained on
the Lot and in the construction waste containers.
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o. No extension towers or antennas of any kind shall be constructed,modified or
permitted on any Lot except television or radio antennas of less than ten(10)
feet are permitted on dwellings or garages. Satellite dishes in excess of 24
inches in diameter are not permitted and no satellite dish shall be located on
the front elevation of the home.
P. No noxious or offensive activities or 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.
q. No animals, livestock or 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, fenced or kept in a dog run or on a leash at all
times.
r. Following construction of the residential dwelling on any Lot,the front yard
and side yard(s) shall be timely sodded. The requirement for sod shall be
waived where a permanent underground irregation system is installed on the
Lot. Fifteen (15) feet of the rear yard, measured from the rear of the
dwelling, shall be sodded. The remainder of the yard shall be seeded or
sodded.
In addition to seeding and sodding, the builder or Lot owner shall expend a
minimum of $700.00 for landscaping, excluding retaining walls. The
landscaping shall include at least two 2'/z-inch caliper trees. The Developer
will install and pay for street trees as required by the City of Ames. The street
trees will be installed in the fall season following completion of the home.
S. Where the City of Ames requires the construction of public sidewalks, the
sidewalks shall be constructed within twelve(12)months following the sale of
any Lot or at the time of occupancy of any dwelling on a Lot, whichever
occurs first.
t. All retaining walls shall be constructed of stone or masonry product. NO
wood landscaping timbers shall be used to construct retaining walls, except
that window well retaining walls that are not visible above grade may be
constructed using wood landscaping timbers.
U. All outdoor light fixtures shall be designed, installed and maintained to
prevent light trespass beyond the boundaries of the Lot. "Full cutoff'outdoor
light fixtures which emit no light at or above the horizontal plane ofthe fixture
shall be utilized for all dusk to dawn light fixtures exceeding 300 lumens and
for all manually switched or occupancy sensor switched fixtures exceeding
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1000 lumens. Christmas lighting or other temporary outdoor lighting shall be
exempt from this provision.
V. Each Lot owner shall keep the Lot free of weeds and debris and shall take all
necessary steps to control erosion from the Lot. All Lot owners shall
implement appropriate erosion control measures before, during and after
construction. These measures may include silt fences, ground cover and
seeding over exposed areas. If, in the opinion of Developer, erosion is not
properly controlled, corrective action may be taken and the costs assessed
against the Lot owner.
6. All of these restrictions shall be deemed to be covenants running with the land and
shall endure and be binding upon all parties hereto,their successors and assigns,for a
period of twenty-one (21) years from the date of the recording of these covenants,
unless claims to continue any interest in the covenants are filed as provided by law.
7. In case of violation of any of the covenants, any person then owning a Lot in said
subdivision or 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.
8. Invalidation of any of these covenants by judgment or court order shall in no way
affect the validity of any of the other provisions,but they shall remain in full force and
effect.
Dated at Ames, Iowa this 0 day of U.5t 2005.
HUNZIKER LAND DEVELOPMENT
COMPANY, . .C.
By:
an +E. Hunziker, MaWer
By:
Charles E. Winkleblack, Manager
STATE OF IOWA,STORY COUNTY,ss:
On this day of 2005,before me,Notary Public in and for the State of Iowa,
personally appeared Dean E.Hunzik d Charles E.Winkleblack,to me personally known,who being by me duly sworn
did say that these persons are Managers of said limited liability company and that said instrument was signed on behalfofthe
said limited liability company by authority of its managers and the said Dean E.Hunziker and Charles E. Winkleblack
acknowledged the execution of said instrument to be the voluntary t d of said 'ted liability company by it
voluntarily executed.
c VAL s9 DEBORAH S. KRAUTH �y u lic in and for the State of Iowa
Z ,, COMMISSION NO. 129704
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