HomeMy WebLinkAboutA014 - Third amendment to declaration of covenants and conditions dated November 15, 2016 INSTRUMENT PREPARED BY Brian D. Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010(515)288-2500
AND RETURN To:
THIRD AMENDMENT TO
DECLARATION OF COVENANTS AND CONDITIONS FOR RINGGENBERG PARK
SUBDIVISION,AMES,STORY COUNTY,IOWA
THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS AND
CONDITIONS FOR RINGGENBERG PARK SUBDIVISION,AMES,STORY COUNTY,
IOWA (this "Third Amendment") is made and entered into by Ringgenberg Estates, L.L.C.
("Ringgenberg") and Friedrich Land Development Company, L.L.C. ("Friedrich") (Ringgenberg
and Friedrich are hereinafter collectively referred to as the "Declarants") as of the date set forth
under the signatures hereto.
RECITALS:
WHEREAS, the Declarants are the Declarants under that certain Declaration of
Covenants and Conditions Ringgenberg Park Subdivision, Ames, Story County, Iowa (the
"Declaration") 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; and
WHEREAS, the Declaration was amended by that certain First Amendment to
Declaration of Covenants and Conditions for Ringgenberg Park Subdivision, Ames, Story
County, Iowa, dated June 11, 2012, and filed in the office of the Recorder of Story County, Iowa,
on September 21, 2012, as Instrument No. 2012-11205 (the "First Amendment"), and the
Declaration was further amended by that certain Second Amendment to Declaration of
Covenants and Conditions for Ringgenberg Park Subdivision, Ames, Story County, Iowa, dated
April 3, 2014, and filed in the office of the Recorder of Story County, Iowa, on April 4, 2014, as
Instrument No. 2014-00002315 (the "Second Amendment") (the Declaration, the First
Amendment, and the Second Amendment are hereinafter collectively referred to as the
"Declaration Documents"); and
WHEREAS, the Declarants desire to amend the Declaration Documents to clarify the
applicability of the Declaration Documents to the real property located in Ringgenberg Park
Subdivision Fifth Addition, Ames, Story County, Iowa(the "Fifth Addition"); and
WHEREAS, Section 5.12 of the Declaration provides that the Declarants may, subject to
certain restrictions set forth in the Declaration, make certain amendments and/or modifications to
the Declaration without consent from any additional parties.
NOW,THEREFORE, in consideration of the above Recitals, and reliance on the same,
and for other good and valuable consideration,the Declarants agree as follows:
1. INCORPORATION OF RECITALS. The foregoing Recitals are incorporated herein and
made a part of this Third Amendment as if fully set forth verbatim. The Recitals and exhibits
attached hereto, if any, are a substantive, contractual part of this Third Amendment.
2. FIFTH ADDITION LOTS. The First Amendment provides that Lot Seventy-nine (79)
of Ringgenberg Park Subdivision First Addition, Ames, Story County, Iowa ("Lot-79") shall not
be subject to the Declaration. Lot-79 has now been further subdivided into, among other lots,
Outlot A, Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa ("Outlot-
A"). Outlot-A has now been further subdivided into, among other lots, Lots One (1) through
Thirteen (13) of the Fifth Addition (collectively, the "Fifth Addition Numbered Lots"). Section
1.020) of the Declaration defines a "Lot" as any and all numbered lots in all additions of the
Subdivision (as that term is defined in Section 1.02(a) of the Declaration). The Declarants desire
to clarify that the Fifth Addition Numbered Lots shall not be subject to the terms and provisions
of the Declaration Documents. Accordingly, to the extent the First Amendment did not
effectively exclud the Fifth Addition Numbered Lots from being subject to the Declaration
Documents, said lots are hereby removed and excluded therefrom.
3. REMAINING PROVISIONS UNAFFECTED. All other provisions of the Declaration
Documents not amended by this Third Amendment shall remain in full force and effect and are
in no way affected or limited by the execution of this Third Amendment or the amendments
provided for herein.
IN WITNESS WHEREOF, the undersigned has executed this Third Amendment on this
day of November, 2016.
RINGGENBERG ESTATES,L.L.C.
By. ,/�
K W. Friedrich,Manager
STATE OF IOWA, COUNTY OF STORY, SS:
This record was acknowledged before me on this/r day of November, 2016, by Kurt
W. Friedrich, as the Manager of Ringgenberg Estates, L.L.C.
1�1 BRIAN TORRESI Notary Public, State of Iowa
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FRIEDRICII AND DEVELOPMENT COMPANY,L.L.C.
By:
urt . Friedrich, maflager
STATE OF IOWA, COUNTY OF STORY, SS:
This record was acknowledged before me on this day of November, 2016, by Kurt
W. Friedrich, as the Manager of Friedrich Land Development Company, L.L.C.
o �P�Cammission Number 76189 Notary Public, State of Iowa
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