HomeMy WebLinkAboutA014 - Restrictive Covenants and Regulations for Single Family Homes and Town Homes dated May 25, 2012 • 7'
I Instrument:2012- 00007998
M Date:Jul 19►2012 12:39:06P
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Filed for record in Story County► Iowa
Susan L. Vande Kamp, 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,IA50010—515-956-3900
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES AND TOWN HOMES
IN NORTHRIDGE HEIGHTS SUBDIVISION FIFTEENTH ADDITION
WHEREAS, Uthe Development Company, L.L.C. ("the owners") own the lots contained
in Northridge Heights Subdivision Fifteenth Addition to Ames, Iowa("the subdivision"); and
WHEREAS, Lots 8 through 18 of the subdivision will be developed as Single Family
Home Lots, and Lots 1 through 7 of the subdivision will be developed as Town Home Lots, all
as governed by these covenants; and
WHEREAS, for their own protection and for the benefit of subsequent owners of 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. Numbered Lots 1 through 18 of the subdivision shall not be improved, used or
occupied for other than private single-family residential purposes.
2. Numbered Lots 8 through 18 of the subdivision shall be known and described as
Single Family Home Lots. Single Family Home Lots shall be subject to the
Declaration of Covenants dated March 28, 2002, filed on March 29, 2002, and
recorded as Instrument No. 02-04862, establishing the Northridge Heights
Homeowners' Association, which are incorporated herein by reference as if set
out fully, and to the articles and bylaws for said association as may be amended
from time to time.
3. Numbered Lots 1 through 7 of the subdivision shall be known and described as
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Town Home Lots. Town Home Lots shall be subject to the Declaration of
Covenants, Conditions and Restrictions dated August 12, 2005, filed October 7,
2005, and recorded as Instrument No. 05-12676,.establishing the Chilton Crossing
Town Home Association, which are incorporated herein by reference as if set out
fully, and to the articles and bylaws for said association as may be amended from
time to time.
4. The residences to be constructed or to be permitted to remain on Single Family
Home Lots shall meet the following requirements:
a. One-story residences shall have a ground floor finished area of not less
than 1,300 square feet.
b. One and one-half story residences or split-level residences shall have a
total finished area on the ground floor and the second floor of not less than
1,600.square feet.
C. Two-story residences shall have a total finished area on the ground floor
and the second floor of not less than 1,600 square feet.
d. The computation of the "total finished area" shall not include porches,
breezeways or garages.
5. 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.
6. No building, fence, wall or other .structure shall be commenced, erected or
maintained on any Single Family Home 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 Fifteenth Addition to Ames, Iowa, the requirements imposed by this
paragraph shall terminate.
7., The following restrictions shall also constitute covenants:
a. There shall be no mobile homes placed or erected on any Lot.
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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, siding or other appropriate materials.
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.
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 who 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
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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/-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.
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 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 sodding, the builder or Lot owner shall expend a minimum
of$1,000 for landscaping. The landscaping shall include at least one 11/Z-
inch caliper tree. The Developer shall plant the necessary trees to comply
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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
warranty. Shingle colors shall be compatible with and complimentary to
the exterior materials and colors. White 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
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300 lumens and for all manually switched or occupancy sensor switched
fixtures exceeding 1,000 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.
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 or-.(j day of 2012.
UTHE DEVELOPMENT COMPANY, L.L.C.
By:
WV
Charles E. Winkleblack, Manager
By:
De6 E.Hunziker, M ger
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STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2012,by Charles E.
Winkleblack and Dean E. Hunziker as managers of Uthe Deve pment Company, L.L.C.
DIANNE SUNTKEN Dim ry
'commission Number 747650 NOTARY PUBLIC
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