HomeMy WebLinkAboutA015 - Restrictive Covenants and Regulations for Village Park Subdivision dated November 9, 2016 Instrurpn :i t _OIb- 00011356
g p DateFNo� 10,2016 02:22:39F
G Rer e' 35,00 E-Cor Fee:
S Aud Fee: tj0 Trans Tax: 1.00
v� Re_ Manaserent Fee: 1.00 .00
Non-Standard f'a9e Fee:
Filed for record in Story Counts,, Iowa
d Stacie L. Herridse► County Recorder
H
� za--
w
as n W
N ,
W
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste, 101,Ames,1A 50010 515 288-2500
RETURN TO: Brian D.Torresi,2605 Northrid e Pkwy.,Ste. 101,Ames,IA 50010
RESTRICTIVE COVENANTS AND REGULATIONS FOR
VILLAGE PARK SUBDIVISION,
AMES,STORY COUNTY,IOWA
i t
WHEREAS,the undersigned are the owners of Lots One(1)through Twelve(12) ("Lot"
or the "Lots") contained in Village Park Subdivision, Ames, Story County, Iowa (the
"Subdivision"); and
WHEREAS, the Lots shall be developed as apartments and governed by these restrictive
covenants and regulations; and
WHEREAS, for their own protection and for the benefit of subsequent owners of said
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 apartment Lots and shall not be
improved, used or occupied for other than residential purposes. All construction
',n the Lots shall conform to the architectural guidelines for the Subdivision as
may be set forth by Hunziker Development Company, LLC (the "Developer') or
an architectural committee appointed by the Developer (an "Architectural
Committee") and any and all construction plans shall be presented to, and subject
to the prior written approval of,the Developer and/or an Architectural Committee.
Additionally, the plans and specifications for any garage unit that is visible from a
public street as determined by the Developer and/or an Architectural Committee
shall be presented to, and subject to the prior written approval of, the Developer
and/or an Architectural Committee.
2. All owners of the Lots shall be members of the Village Park Property Owners
Association, Inc. (the "Association"). The Association shall be governed by
i
Bylaws and other organizational documents.
3. Except for Lot Twelve (12) of the Subdivision which may contain more than one
(1)apartment building, no Lot shall be subdivided for the purpose of constructing
more than one (1) apartment building 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, members or officers, as the case may be, of the
Developer or by an Architectural Committee. 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.
5. All building placement shall conform to the conceptual layout (the "Cope t
Plan") for the Subdivision (a true and accurate copy of the Concept Plan is
attached hereto as Exhibit A and by this reference incorporated herein as if fully
set forth). Variations from the Concept Plan will be considered by the Developer,
and said variations shall only be made with the prior written consent of the
Developer. The Developer and the Association shall have the right to approve or
deny intended uses on any Lot.
6. Street trees shall be installed by the Lot owners in accordance with approved
plans as submitted to the City of Ames, Iowa(the "C�') as part of the final plat
of the Subdivision. The street trees will, in most cases, be planted in the fall
following construction of improvements on a Lot,but shall nonetheless be planted
within twelve (12) months of the issuance of a certificate of occupancy by the
City. The cost of labor and materials for the installation of the trees will be the
responsibility of the Lot owner.
7. 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 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 (12) months of the date on the
deed from the 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.
i
d. All mailboxes shall be placed in accordance with United States Postal
Service regulations. Individual mailboxes will not be permitted. Cluster
mailboxes will be provided by the United States Postal Service.
e. No above ground or non-permanent swimming pool shall be permitted on
any Lot without the prior approval of the Developer.
f. 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.
g. No recreational vehicle, camper, boat or truck rated larger than three
quarters ('�4) of a ton shall be parked on a Lot for a period of time
exceeding twenty-four (24) consecutive hours or for more than seven (7)
days in any calendar year.
h. Trash receptacles shall be placed, and shall remain, in areas designated for
said purpose on any site plan approved by the City with respect to the
Subdivision. 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.
i. 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 six (6) feet. Satellite dishes in excess of thirty-six (36) 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
such that they are not visible from a public street as determined by the
Developer.
j. 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.
k. 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 and so long as they do not interrupt the peaceful enjoyment of
other residents and subject to rules and regulations of the Association.
1. Following construction of a structure on any Lot, the entire yard shall be
sodded. In addition to sodding, the builder or Lot owner shall install
landscaping as may be required by the City of the Subdivision.
M. Where the City 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.
n. Textured shingles shall be used as the material for all roofs. Shingle
colors shall be compatible with and complimentary to the exterior
materials and colors. White or white blend roof materials are not
acceptable.
I
o. 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 the Developer, erosion is
not properly controlled, corrective action may be taken and the costs
assessed against the Lot owner.
8. 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 the Developer 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.
9. 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.
10. In case of violation of any of the covenants, any person then owning a Lot in said
j Subdivision or the City 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.
11. 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.
12. This instrument may be amended upon the recording of a written instrument
executed by the owners of at least seventy-five percent (75%) of the Lots within
the Subdivision. Any amendment to this instrument must be filed for record in
the office of the Recorder of Story County, Iowa. For the purposes of this
Paragraph 12, each Lot shall be deemed to have one (1) owner, and each said
owner shall be entitled to one(1)vote for each Lot owned.
13. The provisions of this instrument and any amendments hereto may be extended
for an additional period beyond the initial twenty-one (21) year period by the
owners of seventy-five percent (75%) of the Lots within the Subdivision by filing
a verified claim in the office of the Recorder of Story County, Iowa, within the
initial twenty-one (21) year period. For the purposes of this Paragraph 13, each
Lot shall be deemed to have one (1) owner, all as provided in the preceding
paragraph
Dated at Ames, Iowa this 4/ of November,2016.
(SIGNATURE PAGE FOLLOWS)
rr
SIGNATURE PAGE OF
RESTRICTIVE COVENANTS AND REGULATIONS FOR
VILLAGE PARK SUBDIVISION,
AMES,STORY COUNTY,IOWA
HUNZIKER DEVELOPMENT COMPANY,LLC
I By:
Robert W. Shirk,Manager
By:
Charles E.Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this day of November, 2016, by Robert
W. Shirk and Charles E.Winkleblack,as Managers of Hunziker Develop nt Company,LLC.
JENNIFER KAPAUN N an or the State of Iowa
CWVniwon MWibw 7>s I My co sion expires i.ZZ
My o rn ton EA*u
� ' -•4. ., A.� R�� 1�t .fit I� 7l� ,r' ' � r ,
�� �J 1 rtl•, iLll 1, ,
Al
��trl;. - •,'J ` `'fC�~tI,�� , �L\ _. lill ., `Ipl 1 .J I-1`1 . .• -
..:_
rl
O � P11lLIMINMY GNADING RAN ���01�'�
YIWY WRN19D,IMM MTTZ
—Gwl,a"my wmaal �M� aiakwlOOqT Ineerin r. m's riaoao Wu
v 1 -RLu 9 9 FAX n,6)711010)