HomeMy WebLinkAboutA003 - Restrictive Covenants and Regulations for Single Family Homes in Brookview Place West Subdivision, Fourth Addition TpkInq
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S P A C E A B 0 V E R E S E R V E D F 0 R 0 F F I C I A L U 5 E
Return doctunent to: Victoria A.Felneyer, 1416 Buckeye Ave.Ste.200,Ames,1A 50010
Document prepared by: Victoria A-Feilmeyer Attomey at law,1416 Buckeye Ave.Ste.200,Ames,LA 50010—515-956-3900
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN BROOKVIEW PLACE WEST SUBDIVISION, FOURTH ADDITION
WHEREAS, the undersigned are the owners of the lots contained in Brookview
Place West Subdivision, Fourth Addition 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 owners desire to restrict the use thereof in certain
particulars;
NOW, THEREFORE, the par-ties 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 Lots I
t1irough 14 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, split-level residences and two-
story residences on all Lots shall have a total finished area of not
less than 1,400 square feet.
C. 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 stricture 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 E.A. Hunziker
Development, L.L.C. and the members of D & R Furman, 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 strictures and drainage patterns in
accordance with the storm water management plan.
When dwellings have been constructed on all Lots within Brook-view
Place West, Fourth 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. Dwellings on all Lots must have a double attached garage, at a
minimum.
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. Fences are permitted in the rear yard of all Lots. Chain link fences
are permitted; however,no fence may have a galvanized finish.
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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 stricture of a temporary character and no trailer,
basement, tent, shack, garage or outbuilding shall be used at any
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time as a residential dwelling on any Lot, either temporarily or
permanently. Tool sheds, utility buildings or play houses may be
placed in the rear yard of any Lot; however, they may not exceed
120 square feet in size. Any allowed outbuilding must have the
same exterior finish material as the residence.
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 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
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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
front yard and side yard(s) shall be timely sodded. The
requirement for sod shall be waived where a permanent
underground irrigation 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 for landscaping. The landscaping
shall include at least one 2%Z-inch caliper tree. In addition, the
developer of any Lot shall plant the necessary trees to comply with
the City streetscape plan and the builder shall bear 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. Roof materials shall be compatible with and complimentary to the
exterior materials and colors. White or white blend roof shingles
are not acceptable.
U. 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
5
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.
V. 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.
W. 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.
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 relief, either by injunction or in damages,
against the person so violating said covenants.
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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.
E.A. HUNZIKER I, VELOPMENT, L.L.C.
Dean E. Wunziker,Manager Gary J.Hunziic Iana'N
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on March 2014, by Dean E. Hunziker and
Gary J. Hunziker,as managers of E.A.Hunziker Development,L.L.C.
NOTARY PUBLIC
;4 RBARA&MZ:fir t
� C'cmrnlsa:on Number 753394
f0y,C ommission_Expires
7
D & R FURMAN, L.L.C. /
BY: By-
Mary R, Fitcli gas Co-Trustee of the Richard Richard L. Fitch, as Co-Trustee of the Richard
and Mary Fitch Revocable Trust u/d/o and Mary Fitch Revocable Trust u/d/o
September 25, 1996,Member September 25, 1996,Member
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on March 1 2014, by Mary R. Fitch and
Richard L. Fitch,as Co-Trustees of the Richard and Mary Fitch Revocable Trust u/d/o September 25, 1996,
which trust is a member of D&R Furman, L.L.C.
°� w•Commission Number 197909
My Commission Expires
August 13, 2016
NOTARY)PUBLIC
D & R FURMAN L.L.C.
BY: I'r < I_ , .
Mary R. FitcH;-as Trustee of the Ruth W.
Furman Revocable Trust,Member
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on March 'J , 2014, by Mary R. Fitch, as
Trustee of the Ruth W. Furman Revocable Trust,which trust is a member of D&R Furman, L.L.C.
va, Y J.TH h6
c,mmissien Number 197909
Cornmi>sion r_
NOTARY PUBLIC
.............
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