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HomeMy WebLinkAboutA008 - Resolution No. 10-110 adopted March 23, 2010 w • s Instrument:2010- 00002699 M Date:Aar OIP2010 03.14:55P D Rec Fee: 20.00 E-Coe Fee: 3.00 Aud Fee: . trans Tax. .00 Rec Rec Management Fee: 1.04 Non-Standard Page Fee: .00 i Filed For record in Story County, Iowa 7R Susan L. Uande Kamp? County Recorder INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave.,Ste.200 Ames,IA 50010 515 956-3900 RETURN To: I Brian D.Torresi 1416 Buckeye Ave.,Ste.200,Ames,IA 50010 RESTRICTIVE COVENANTS AND REGULATIONS FOR SOMERSET SUBDIVISION TWENTY-FOURTH ADDITION WHEREAS,the undersigned,Hunziker,Christy,Shirk Builders,Inc.,an Iowa corporation ("Developer"),is the owner of Lots 1 through 3 contained in Somerset Subdivision Twenty-fourth Addition to Ames, Iowa (hereinafter collectively referred to as the "Lots" or individually as a "Lot'); and WHEREAS, all Lots shall be developed in accordance with and be governed by these Restrictive Covenants and Regulations; and i WHEREAS, for their own protection and for the benefit of subsequent owners of lots, including the 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, by these presents, covenant, bargain and agree among themselves and for their successors and assigns,as follows: 1. The Lots, as shown, identified and designated in the final plat of Somerset Subdivision Twenty-fourth Addition(the "Addition') shall be known and described as Town Center Lots(commercial lots)and shall not be improved, used or occupied other than for the purposes detailed herein and in the Declaration(as defined below). 2. All Lot owners(an"Owner"or collectively,the"Owners")shall be members of the Somerset Property Owners Association, Inc. and Somerset Town Center South(collectively,the"Associations"). The Associations shall be governed by Bylaws and other organizational documents,and the Lots shall be subject to the Declaration of Covenants, Conditions and Restrictions for Somerset Subdivision recorded on October 16, 1997, in the office of the Recorder of Story County, Iowa, as Instrument No. 97-11163 (the"Declaration"). 1 J 3. All buildings,structures or improvements on any Lot shall be in conformity with the retail regulations, shop area regulations,and use restrictions set by the City of Ames,Iowa(the"QW),and also must be in conformity with any and all guidelines,including design and construction guidelines,set forth in the Declaration and/or in the organizational documents of the Associations. 4. The following restrictions shall also constitute covenants: A. Construction and Lot Maintenance. Construction must commence on all Lots within twelve (12) months of the date of the closing of the purchase of a Lot. In the event construction does not commence within said twelve (12) month period, Developer may, at its sole option, repurchase the applicable Lot at ninety percent(90%)of the sales price at which the Lot was purchased by the then Owner of the Lot. This right to repurchase shall terminate on issuance of an occupancy permit for the Lot. B. Fences. No building, fence, wall or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition, change or alteration thereon 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 Developer, or by an architect designated by the Developer. C. Movable Enclosures. No tent,trailer,boat,camper,motor home,or truck rated larger than 4-ton or other movable enclosure shall be maintained or parked on any Lot or street within public view for more than twenty-four(24)hours in any week. D. Towers and Antennas. No extension tower, projection tower, receiver or antennas of any kind shall be constructed or maintained on any Lot or on the exterior of any building on a Lot unless approved by the Developer, at the sole discretion of the Developer. E. Noxious Activities/Nuisance. No noxious or offensive activity,noise or odors shall be permitted on or to escape from any Lot, nor shall anything be maintained or done thereon which is or may become an annoyance or nuisance,either temporarily or permanently. F. Maintenance of Lot. The Owner of any Lot, whether vacant or improved, shall keep the Lot free of debris. G. Construction Clean Up and Maintenance. Each Owner shall confine all of its construction activities solely to its Lot, shall keep its construction site clean, shall prevent any damage to any other improvement or structure that is either constructed or to be constructed 2 by the Developer or by anyone else, and shall prevent any dirt, construction debris or other material from its Lot from being washed, blown, thrown, dumped, deposited or otherwise getting into the storm sewers, any overland flowage ways, the public streets, the public sidewalks or trails or onto any other Lot. Weekly clean up of trash and debris is required. H. Building Permits. The City shall not issue any building permit for any structure or improvement on a Lot without the approval of the Developer. I. Occupancy of Structures; Mobile Homes. There shall be no occupancy or use of any temporary or permanent structure or partially completed structure on any Lot for residential purposes. No mobile homes shall be permitted on any Lot at any time. 5. 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. 6. In case of violation of any of the covenants, any person then owning a Lot within the Addition,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. 7. 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. 8. Unless otherwise provided herein, all defined terms in these Restrictive Covenants and Regulations shall have the same definitions as set forth in the Declaration. Dated this day of March,2010. (SIGNATURE PAGE FOLLOWS) 3 HUNZIKER,CHRISTY,SHIRK BUILDERS,INC. By: -)kl —Y4 1 � Robert W. Shirk,Treasurer STATE OF IOWA, STORY COUNTY, ss: This instrument was acknowledged before me on this day of March,2010,by Robert W. Shirk,as the Treasurer of Hunziker, Christy, Shirk Builders,Inc. MANNE SUNTKEN Notary Public in and for the State of Iowa Oommosion Number 747650 MY� ElExr 4