HomeMy WebLinkAboutA008 - Restrictive Covenants and Regulations for Single Family Homes dated December 15, 2006 a
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6 i ; �Instrument:2007- 00003885
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► D Rec Fee: 30.00 E-Com Fee: 1.00
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Filed for record in Story Countyr Iowa
W Susan L. Vande Kamp County Recorder
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Instrument Prepared By: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,Iowa 50010;(515)233-3000
Return Document to: Deborah S.Krauth 1416 Buckle Ste 200 Ames Iowa 50010• (515)233-3000
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN ESTATES OF NATURE'S CROSSING SUBDIVISION,
AMES, STORY COUNTY,IOWA
WHEREAS, the undersigned is the Owner of the Lots contained in Estates of Nature's
Crossing Subdivision to Ames, Story County, 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 7
and 9 through 24 shall meet the following requirements:
a. One-story residences or split entry residences shall have a ground floor
finished area of not less than 1,600 square feet.
b. One and one-half story residences shall have a ground floor finished area of
not less than 1,200 square feet. The ground floor and second floor must have
a total finished area of not less than 2,000 square feet.
C. Two-story residences shall have ground floor finished area of not less than
1,300 square feet and a total finished area of not less than 2,000 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 Pinnacle Properties Ames,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 Estates of Nature's
Crossing Subdivision to Ames,Story County,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. Roof materials should be slate, tile, cedar shakes or composition shingles.
Composite shingles shall be architectural grade, minimum thirty (30) year
warranty. Shingle colors shall be muted earthtones and be compatible with
and complimentary to the exterior materials and colors. White,white blend
and solid black roof shingles are not acceptable.
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f. The exterior of any residence and garage located on any Lot shall be finished
with a material of wood,brick, stone, stucco or simulated wood siding(steel,
vinyl, cement board lap).
g. 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 residence on the Lot.
h. All Lots may have fences in the rear yard only. Chain link fences shall be
permitted; however, no galvanized finish shall be permitted.
No fences,walls,hedges or barriers shall be permitted upon Lots or adjoining
property lines except as follows:
Walls, fences or hedges along rear property lines and side property
lines not abutting common greenbelt areas shall not exceed(6)feet in
height. Fences that abut common greenbelt areas must maintain a 10-
foot setback from the greenbelt.
i. All building structures or improvements of any kind must be completed within
twelve (12) 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 36
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.
j. All homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three homes per year.
k. All finished Lots and house grades shall conform to the Developer's grading
plan which may be obtained from the Developer during construction.
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1. All mailboxes shall be installed consistent with the rules and regulations of
the United States Postal Service.
M. No above ground or non-permanent swimming pool shall be permitted on any
Lot. Any below ground pools must be entirely enclosed by fencing as
allowed by these covenants.
n. 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.
o. No recreational vehicle or boat shall be parked on a Lot for a period of time
exceeding 48 hours.
p. 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.
q. 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.
r. 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.
s 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.
t. 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 $1,000.00 for landscaping, excluding retaining walls. The
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In addition to seeding and sodding, the builder or Lot owner shall expend a
minimum of $1,000.00 for landscaping, excluding retaining walls. The
landscaping shall include at least two 2'/2-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.
U. No building or structure shall be constructed, altered or maintained on any
Lot unless it has a driveway from the street running to the Dwelling, which
must be sufficient area to park at least four(4)cars entirely offthe street. All
driveways shall be constructed of concrete, brick or stone pavers. Asphalt
and gravel driveways are prohibited. All recreational vehicles shall be parked
or stored in a private garage or shall be totally screened or otherwise not
visible from street view or lake view if parked or stored for a period of more
than 24 hours. No parking shall be allowed on any street.
V. Where the City of Ames requires the construction of public sidewalks, the
sidewalks shall be constructed within the time frames set forth in the
Agreement for Sidewalk for this Subdivision.
W. 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.
X. 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.
Y. 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. Any construction or earth moving on any Lot shall be in compliance with all laws
relating to storm water discharge permitting. The Lot owner shall be the sole
responsible permittee for the Lot with respect to compliance with the terms,
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provisions and requirements of any NPDES Storm Water Discharge Permit No.2 and
any storm water pollution prevention plan that includes the Lot.
During the ownership of the Lot,the Lot owner shall protect,defend,indemnify and
hold said Owner and other Lot owners harmless from any and all damages, claims,
liabilities, fines, penalties, cleanup costs and/or attorneys' and consultants' fees
caused by, or in any manner related to: (1) any discharges of soil, silt, sediment,
petroleum product,hazardous substances or solid waste from the Lot; and/or(2)any
alleged violation of any NPDES or storm water discharge rule or regulation.
7. 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.
S. 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.
9. 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.
PINNACLE PROPERTIES AMES,L.L.C.
B \"� I"\�
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Keith D. Arneson, Manager
STATE OF IOWA, STORY COUN Y, ss:
On this�day of ,2006,before me,Notary Public in and for the
State of Iowa, personally appeared Keith D. Arneson, to me personally known, who being by me
duly sworn did say that he 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 manager and the said
Keith D.Arneson acknowledged the execution of said instrument to be the voluntary act and deed of
said limited liability company by it voluntarily executed.
GPp\AL S DEBORAH S. KRAUTH
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COMMISSION NO. 129704
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MY CO MISSION EXPIRES Notary Public in and for the State of Iowa
XA_Transitiona1\DSKrauth\_Doue\Ameson_Keith_D\Pinnacle Properties Ames,L.L.C\Estates_of Natures_Crossutg_Subdivision\RestrictiveCovenants.doc
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