HomeMy WebLinkAboutA003 - Restrictive Covenants and Regulations for Country Homes and Village Homes dated January 30, 2006 S
Instrument prepared by: Deborah S.Krauth,1416 Buckeye,Ste.200,Ames,Iowa 50010;(515)233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
COUNTRY HOUSES AND VILLAGE HOUSES
IN SOMERSET SUBDIVISION TWENTY-FIRST ADDITION
WHEREAS, the undersigned are the owners of Lots 1 through 42 contained in Somerset
Subdivision Twenty-first Addition to Ames, Iowa("Lots"); and
WHEREAS,for their own protection and for the benefit of subsequent owners ofL.ots within
said subdivision, the said owners desire to restrict.the use thereof in certain particulars; and
WHEREAS, it is anticipated that Lots 30 and 31 will be owned by a nonprofit entity for
construction of a multi-resident facility and shall not be subject to those restrictions at paragraphs 1,2
and 3 hereunder;
NOW,TBEEREFORE,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:
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 all Lots shall meet
the following requirements:
a. One-story residences shall have a ground floor finished area of not less than
1,200 square feet.
b. One and one-half story residences or split-level residences shall have a ground
floor finished area of not less than 800 square feet and 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 ground floor finished area of not less than
750 square feet and 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 floor 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 Erben
Hunziker and Margaret Hunziker Development,L.L.C.;D&R Furman,L.L.C.; and
R. Friedrich and Sons, Inc. 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 Somerset Subdivision
Twenty-first 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 or basement
double 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. Lots shall not have tool sheds or other outside structures constructed or
placed on the Lots. Chain link fences will not be permitted. If a fence is
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installed, it must be a two-pattern fence. The plans for the fence shall be
approved by the Somerset Homeowners Association, Inc. or by the
Developers or their designated committee.
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
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 TADS. 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 may 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
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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.
In. 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
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.
T. Following construction of the residential dwelling on any Lot,the front yard
and side yard(s) shall be timely sodded. 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$1,000 for landscaping. The landscaping shall include at least
one 1'/z-inch caliper tree. The purchaser of any Lot shall plant the necessary
trees to comply with the City streetscape plan. 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
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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. Lots 1 through 20 are designated Country House lots and shall comply with
Village Residential Zoning Ordinances regarding country houses. Lots 21
through 42, except Lots 30 and 31, are designated Village House lots and
shall comply with Village Residential Zoning Ordinances regarding village
houses.
V. Once a Dwelling is sold and occupied, signage shall be limited to (i) address
signage, (R) 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 ofthe 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
annually.
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X. Each Lot owner shall beep 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.
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 relies; 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 2006.
ERBEN HUNZHOR AND 1V1ARGARET HUNZIKER
DEVELDPM E L.L.C.
1(
By: 1.
DeAi E. Hunziker, M` ger
STATE OF IOWA,STORY COUNTY,ss:
On this day of , 2006,before me,Notary Public in and for the State of Iowa,
personally appeared Dean E.Hunziker,to me sonally known,who being by me duly sworn did say that that person is the
Manager 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 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.
M OREKKE -- 'L,r&U,
Commission Number 731273 Notary Public' d for the State of Iowa
My Com (rest
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D&R FURMAN, L.C.
By: �.
Donald M. Furman, as Co-Trustee of the
Donald and Ruth Furman Revocable
Trust Dated March 1, 1991,Member
STATE OF IOWA,STORY COUNTY,ss:
On this,day ofGA , 2006, before me,Notary Public in and for the State of Iowa,
personally appeared Donald M.Furman,Co-TfvStee,to me personally known,who being by me duly sworn did say that that
person is a Member of said limited liability company and that said instrument was signed on behalfof the said limited liability
company by authority of its managers and the said Donald M.Furman acknowledged the execution of said instrument to be
the voluntary act and deed of said limited liability company by it voluntarily executed.
AMY®REKKE �( (Q
Commission Number 731273 Notary Publi and for the State of Iowa
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R. FRIEDRICH& SONS, INC.
y:
and K. Frie c Pr sident
By:
Ro ert K. Friedrich, Jr., Vice President
STATE OF IOWA,STORY COUNTY,ss:
On this day of �Zend
,2006,before me,the undersigned,a Notary Public in and for the State of
Iowa,personally appeared Re' and Robert K.Friedrich,Jr.,tome personally known,who being by me duly
sworn,did say that they are the Prese President,respectively,of the corporation executing with within and
foregoing instrument,that no seal has been procured by the corporation;that said instrument was signed on behalf of the
corporation by authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K.Friedrich,Jr.,as such
officers,acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and
by them voluntarily executed.
<Z. L' /e Ct
AMY BREKKE Notary Publit and for the State of Iowa
A% Commission Number 731273
o. My Co n i�ssi Expires
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