HomeMy WebLinkAboutA001 - Restrictive Covenants and Regulations for Single Family Homes dated September 15, 2005 ' o
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Instrument:2005- 00014276
Date:Nov 15►2005 11:58:44A
6 Rec Fee: 30.00 E-Con Fee: 1.00
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° � G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
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Filed for record in Story Counts► Iowa
cn o Susan L. Vande Kanpt Counts Recorder
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Instrument prepared by and returned to: Deborah S.Krauth,1416 Buckeye,Ste.200,Ames,Iowa 50010; (515)233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN NORTHRIDGE HEIGHTS SUBDIVISION NINTH ADDITION
WHEREAS, the undersigned are the owners of Lots 1 through 49 contained in Northridge
Heights Subdivision Ninth Addition to Ames, Iowa("Lots"); and
WHEREAS, all Lots will be developed as Single Family Home Lots and governed by these
covenants; and
WHEREAS, for their own protection and for the benefit of subsequent owners of said Lots
within said subdivision, the said owners desire to restrict the use thereof in certain particulars;
NOW, THEREFORE,the parties hereto,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:
I. 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 the Lots shall meet
the following requirements:
a. One-story residences shall have a ground floor finished area of not less than
1,500 square feet.
b. One and one-half and two story residences shall have a total finished area on
the ground floor and the second floor of not less than 2,000 square feet.
C. The computation of the "total 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 Uthe Development Company,L.L.C. hereinafter referred to as"Developers,"or by
an Architectural Committee appointed by the 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 drainage patterns in accordance with
the storm water management plan.
When dwellings have been constructed on all Lots within Northridge Heights
Subdivision Ninth 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. Exposed foundations must be
painted to blend with exterior wall finishes.
e. All Lots may have fences, the style of which shall be selected from the
attached Exhibit"A." In no event shall any chain link fence be placed on any
Lot. In addition, in no event shall any fence be placed within five(5)feet of
any easement area for bike paths or pedestrian paths, or sidewalks.
f All building structures or improvements of any kind must be completed within
twelve months of the commencement date of the construction. 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
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DEED FROM DEVELOPERS, THE OWNER OF RECORD, AT
DEVELOPER'S REQUEST, AGREES TO DEED THE PROPERTY
BACK TO DEVELOPERS FOR 90% OF THE ORIGINAL
PURCHASE PRICE. THERE WILL BE NO ADJUSTMENT FOR
TAXES, CLOSING COSTS OR INTEREST FROM THE TIME OF
THE ORIGINAL PURCHASE OF THE LOT AT THE TIME THE
DEED IS CONVEYED TO DEVELOPERS. DEVELOPERS 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.
g. All homes must be built by a recognized homebuilder which shall be a
homebuilder who completes construction of at least three new homes
annually.
h. All finished Lots and house grades shall conform to the Developer's grading
plan which must be obtained from the Developers prior to construction.
i. All mailboxes shall be placed according to United States Postal Service
regulations. Individual mailboxes will not be permitted. Cluster boxes will be
provided by the Postal Service.
j. No above ground or non-permanent swimming pool shall be permitted on any
Lot.
k. 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. No tool sheds,utility
buildings or play houses shall be placed on any Lot.
1. No tent,trailer,boat, camper,motor home or truck rated larger than 3/4-ton or
other movable or temporary structure or enclosure shall be maintained or
parked on any Lot or street within public view for more than a total of thirty
(30) days in any calendar year or forty-eight (48) consecutive hours.
M. 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.
n. Satellite dishes or parabolic devices in excess of twenty (20) inches in
diameter used to receive television or other signals from satellites shall not be
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permitted. The satellite dishes or parabolic devices shall be mounted on the
rear elevation 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.
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.
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 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 irrigation 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$2,500 for landscaping. The landscaping shall include at least
one I1/s-inch caliper tree. The Developer shall plant the necessary trees to
comply with the City streetscape plan and the builder shall pay the costs
therefor. All street trees shall be planted within twelve (12) months of the
issuance of a certificate of occupancy by the City of Ames.
S. When 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. Roof materials should be slate, tile, cedar shakes or composition shingles.
Composite shingles shall be architectural grade, minimum thirty (30) year
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warranty. Shingle colors shall be compatible with and complimentary to the
exterior materials and colors. White or white blend roof shingles are not
acceptable.
V. Once a Dwelling is sold and occupied, signage shall be limited to (i)address
signage, (ii) owner identification signs, (iii) "For Sale" signs, (iv) "Garage
Sale" signs, (v) special event signs (such as birthdays, graduations, or
anniversaries, hereafter"Event" signs)(vi)political signs and(vii)other signs
approved in writing by Declarant. "For Sale" signs shall only be displayed
while a Dwelling is for sale and must be removed the day following the closing
of the sale. "Garage Sale" and"event" signs shall only be displayed one day
before the sale or event and during the sale or event and must be removed by
the day following the sale or event. Political signs shall only be displayed up
to two (2) weeks prior to an election, the day of the election and must be
removed by the day following the election, Political signs not related to an
election shall be displayed for a maximum of two weeks. Other signs
permitted by Declarant shall be displayed for such times as authorized by
Declarant. All such signs shall be limited to no more than 39"wide and 24"
high and shall be professionally constructed. No hand painted signs will be
allowed. Except for address and owner identification signs, no signs shall be
erected on any building elevation, erected so that is visible through window or
glass openings or, except for vehicles with professionally made business
signage on the vehicles, attached to vehicles parked within the neighborhood.
W. 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
1000 lumens. Christmas lighting or other temporary outdoor lighting shall be
exempt from this provision,but shall remain in place no longer than six weeks.
X. Each Lot owner shall keep the Lot free of weeds and debris and shall take all
necessary steps to control erosion on 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 Developers, erosion is not properly
controlled, corrective action may be taken and the costs assessed against the
Lot owner.
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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 day of 2005.
UTBE DEVELOPMENT COMPANY, L.L.C.
By:
Charles E. Winkleblack, Manager
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By:
Robert K. Friedri , Jr., Manager
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this `day of 2005,before me,Notary Public in and for the
State of Iowa, personally appear'ejl Robert K. Friedrich, Jr. and 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 behalf of the said limited liability
company by authority of its managers and the said Robert K. Friedrich, Jr. and Charles E.
Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
��� mF AMY ANDERSON
_ � Commission P4�-1 E Pares Notary Pu in and for the State of Iowa
My Comm-- r G �ires
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