HomeMy WebLinkAboutA008 - Restrictive Covenants and Regulations for Single Family Homes Instrurent:2010- 00008992
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Filed for record in Story County, Iowa
Susan L. Vande Karp► County Recorder
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: David W.Benson,1416 Buckeye Avenue,Ste.200,Ames IA 50010
Document prepared by: David W.Benson,Attorney at law,1416 Buckeye Avenue,Ste.200,Ames,IA 50010—515-956-3900
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN SUNSET RIDGE SUBDIVISION FOURTH ADDITION
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WHEREAS, the undersigned are the owners of Lots 1 through 22 contained in Sunset Ridge
Subdivision Fourth Addition to Ames, Iowa; and
WHEREAS, Lots 1-22 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:
1. Lots 1-22 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 1-22 shall meet the
following minimum building requirements:
a. One-story residences or split entry residences on Lots 1,2,3,20,21,and 22 shall
have a ground floor finished area of not less than 1,200 square feet. One-story
residences or split entry residences on Lots 4 through 19 shall have a ground
floor finished area of not less than 1,400 square feet.
b. One and one-half story residences,two-story residences or split-level residences
on Lots 1,2, 3,20,21,and 22 shall have a total finished area on the ground floor
and the second floor of not less than 1,400 square feet. One and one-half story
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residences, two-story residences or split-level residences on Lots 4 through 19
shall have a total finished area on the ground floor and the second floor of not
less than 1,600 square feet.
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 Hunziker Land
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 Sunset Ridge Subdivision
Fourth Addition to Ames, Iowa, the requirements imposed by this paragraph shall
terminate.
5. Each Lot shall be subject to the Declaration of Covenants and Conditions dated June 15,
2005, filed June 20, 2005, and recorded as Instrument No. 05-07113, establishing the
Sunset Ridge Property Owners Association,which are incorporated herein by reference
as if set out fully, and to the articles and bylaws of said association as may be amended.
6. 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 in the rear yard only. Chain link fences shall be
permitted; however,no galvanized finish shall be permitted.
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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 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; however, Lots may have dog runs,
tool sheds or other outside structures of no more than 100 square feet total floor
area for nonresidential use. The exterior of these structures must match the
exterior finish of the main structure on the Lot.
1. No tent, trailer, boat, camper, motor home or truck rated larger than 3/-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 after pickup day. Construction waste containers shall be
exempt from this provision; however,the builder or Lot owner shall be
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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 thirty (30) 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.
r. Following construction of the residential dwelling on any Lot, the entire yard
shall be timely sodded. The requirement for sod shall be waived where a
permanent underground irrigation system is installed on the Lot.
In addition to seeding and sodding, the builder or Lot owner shall expend a
minimum of$1,000.00 for landscaping. The landscaping shall include at least
one llh-inch caliper tree. The Developer 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. 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 maybe 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 complementary 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 of the 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.
7. 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, 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
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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.
8. 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.
9. 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.
10. 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 September 2010.
HUNZIKER L DEVELOPMENT COMPANY,L.L.C.
By:
E. Hunziker, Manager
By:
Charles E. Winkleblack, Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on September/, 2010,by Charles E.
Winkleblack and Dean E. Hunziker as managers of Hunziker Land Development Company, L.L.C.
-1V Y PUBLIQ''
`8. LYNNETTE SWENSON
Gh 1 commission Number 704573
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