HomeMy WebLinkAboutA011 - Restrictive Covenants and Regulations dated November 15, 2016 INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkw .,Ames,IA 50010(515)288-2500
RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
RESTRICTIVE COVENANTS AND REGULATIONS FOR
RINGGENBERG PARK SUBDIVISION FIFTH ADDITION,
AMES, STORY COUNTY, IOWA
WHEREAS, the undersigned is the owner of Lots One (1) through Thirteen(13) (each, a
"Lot" or collectively, the "Lots") contained in Ringgenberg Park Subdivision Fifth Addition,
Ames, Story County, Iowa(the "Subdivision"); and
WHEREAS, the Lots will be developed as apartments; and
WHEREAS, all of the Lots will be developed and governed by and in accordance with
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. The Lots shall be known and described as residential lots and shall not be
improved, used, or occupied for other than residential purposes.
2. All owners of the Lots shall be members of the Ringgenberg Park Subdivision
Fifth Addition Property Owners Association, Inc. (the "Association"). The
Association shall be governed by Bylaws and other organizational documents that
set forth the duties and obligations of such owners with respect to, among other
things, the upkeep, repair, and maintenance of the Easement Area (as that term is
defined in that certain Cross-Access Easement Agreement dated February 25,
2014, and filed in the office of the Recorder of Story County, Iowa, on March 7,
2014, as Instrument No. 2014-01689) located on the Lots. Each owner of the
Lots, as members of the Association, shall be liable for the annual payment to the
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Association of fifty dollars and 00/100 ($50.00) (the "Annual Easement
Maintenance Dues"), to share in the costs and anticipated future costs related to
the upkeep, repair, and maintenance of the Easement Area (as defined above).
The board of directors of the Association, at any annual or duly noticed special
meeting thereof, may increase the Annual Easement Maintenance Dues; however,
the Annual Easement Maintenance Dues shall not be increased by more than five
percent (5%) over any twelve (12) month period. The Lots shall not be subject to
the Declaration of Covenants and Conditions Ringgenberg Park Subdivision,
Ames, Story County, Iowa dated August 14, 2006, and filed in the office of the
Recorder of Story County, Iowa, on August 17, 2006, as Instrument No. 2006-
10276, or any amendment thereto.
3. The residences to be constructed or to be permitted to remain on the Lots shall
meet the following requirements:
a. Two (2) story residences shall have a total finished area on the ground
floor and the second floor of not less than one thousand three hundred
(1,300) square feet.
b. The computation of the total finished area shall not include porches,
breezeways or garages.
4. No Lot shall be subdivided for the purpose of constructing more than one (1)
residence per Lot; however, parts of Lots may be conveyed to adjoining owners
for any other purpose.
5. 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 Friedrich
Land Development Company, LLC (the "Developer"), or by an Architectural
Committee appointed by the Developer.
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 (12) 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.
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e. No fences are permitted on the Lots unless prior approval is obtained from
the Developer or by an Architectural Committee appointed by the
Developer.
f. 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. IF CONSTRUCTION HAS NOT BEGUN ON
A LOT WITHIN TWELVE (12) MONTHS OF THE DATE ON THE
DEED FROM THE DEVELOPER, THEN THE OWNER OF
RECORD, AT THE DEVELOPER'S REQUEST, AGREES TO
DEED THE PROPERTY BACK TO THE DEVELOPER FOR
NINETY PERCENT (90%) OF THE ORIGINAL PURCHASE
PRICE WITH NO ADJUSTMENT FOR TAXES, CLOSING COSTS
OR INTEREST AT THE TIME THE DEED IS CONVEYED TO
THE DEVELOPER. THE DEVELOPER 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, defined as a
homebuilder who completes at least three (3) new homes per year.
h. All finished Lots and house grades shall conform to the Developer's
grading plan which may be obtained from the Developer during
construction.
i. 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.
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. No tool sheds,
utility buildings, or playhouses shall be placed on any Lot.
1. No tent, trailer, recreational vehicle, camper, boat, or truck rated larger
than three quarters (1/4) of a ton shall be maintained or parked on a Lot or
street within public view for a period of time exceeding forty-eight (48)
consecutive hours or for more than thirty (30) total days in any calendar
year.
in. No rubbish containers shall be visible from the street except on pickup day
and one (1) day before and one (1) 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. 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. Satellite
dishes or parabolic devices 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 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 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.
P. 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 kept in a dog run or on a leash at
all times.
q. Following construction of the residential dwelling on any Lot, the entire
yard shall be 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
one thousand dollars ($1,000.00) for landscaping. Landscaping shall
include at least one (1) one and one-half (1%) inch caliper tree. The
Developer shall plant the necessary trees to comply with the City of Ames,
Iowa, streetscape plan and the builder or Lot owner 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,Iowa.
r. Where the City of Ames, Iowa, requires the construction of public
sidewalks, the sidewalks shall be constructed within twelve (12) months
following the sale of any Lot from the Developer or at the time of
occupancy of any dwelling on a Lot, whichever occurs first.
S. 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.
t. Roof materials should be slate, tile, cedar shakes, or composite 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 or white blend roof materials are
not acceptable.
U. 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
three hundred (300) lumens and for all manually switched or occupancy
sensor switched fixtures exceeding one thousand (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 (6) weeks
annually.
V. 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.
W. 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 the Developer. "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 (1) 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 (2) weeks. Other signs permitted by
the Developer shall be displayed for such times as authorized by the
Developer. All signs shall be limited to no more than thirty-nine (39)
inches in width by twenty-four (24) inches in height 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.
X. No motor vehicles shall be allowed on any Outlots. In the event of any
damage to land, vegetation, or improvements on an Outlot that is traceable
to a Lot, monetary damages shall be assessed against the Lot responsible
for such damage and said damage shall be treated as an assessment for any
and all applicable property owners associations to which the Lot is subject
for the purpose of placing a lien against the responsible Lot.
Y. The topography of the Subdivision is such that surface water may flow
from certain Lots onto other Lots. In regard to all matters concerning
surface water, each Lot shall be subject to and benefitted by such
easements as may exist from the flowage of surface water under the laws
of the State of Iowa, as may be in effect from time to time; and all Lot
owners shall have such rights and obligations with respect thereto as may
be provided by such laws.
Z. Any construction or earth moving on any Lot shall be in compliance with
all laws relating to storm water discharge permitting. The owner of any
Lot shall be the solely responsible permittee for the Lot with respect to
compliance with all terms, provisions, and requirements of any NPDES
Storm Water Discharge Permit No. 2 and any storm water pollution
prevention plan which includes the Lot. During the ownership of the Lot,
the Lot owner shall protect, defend, indemnify, and hold the Developer
and the other owners of the Lots harmless from any and all damages,
claims, liabilities, fines, penalties, cleanup costs, and/or attorneys and
consultant fees caused by, or in any manner related to: (1) any discharges
of soil, silt, sediment, petroleum product, hazardous substances, or sold
waste from the Lot; and/or (2) any alleged violation of any NPDES or
storm water discharge rule or regulation.
7. 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.
8. 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.
9. 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.
10. This instrument may be amended upon the recording of a written instrument
executed by the Lot 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 10, each Lot shall be deemed to have one (1) owner, and each said
Lot owner shall be entitled to one (1)vote for each Lot owned.
Dated at Ames, Iowa this /�_ day of November, 2016.
FRIEDRICH LAND DEVELOPMENT COMPANY, LLC
By:_ ?Z
- ���
urt W. Friedrich, Manager
STATE OF IOWA, STORY COUNTY, SS:
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This record was acknowledged before me on this I, day of November, 2016, by Kurt
W. Friedrich, the Manager of Friedrich Land Development Company, LLC.
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BRIAN TORRESI Notary Public in and for the State of Iowa
COMMISSION 1,
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