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Home My WebLink AboutA037 - Third Amendment to Declaration of Covenants and Conditions recorded December 14, 2016 - Instrument No. 2016-00012517 Instr. Number: 2016-00012517 Recorded: 12/14/2016 at 10:45:30.0 AM Recording Fee: $1:7.00 Transfer Tax: Stacie L. Herridge - Recorder Story County, Iowa I\STRI t1T1�'I YTtC t'�SRiSD I31: Brim D.Too resi 2605 Ncirihrici e Pkwy,uSte: 10 i, Ames,.[A 50010(51.5)2_88 ^5011 m)Ri t UR\ I'o THIRD AMENDMENT 310 DECLARATION O C0Vk NANTS AND CONDITIONS FOR RINGGENBERG PARK SUBDIVISION,AMES,STORY COUNTY,IOWA THIS THIRD AMENDMENT TO DECLARATION Or, COVENANTS AND CONDITIONS F A.RINGGE1`B ,RG PARK SUBDIVISION,AiVIES,STORY COUNTY, I+C WA (this "Third Amendment") is made and cantered into by Ring enberg Fstales, L.L.C. (Ringgenbei;?") and Friedrich Lwid Development Company, L.L.C.. ("Friedrich") (Ringgenberg and Friedrich ate hereinafter collectively referred to as the"Declarants) as of the date set 1'orili utider the signatures hereto. .RECITAI S: NUIEREAS, the .Declarants are the Declarants under that certain Declaration of Covenants and Conditions Ringgenberg !?ark: Subdivision, Aanes, Story County, Iowa (the `'Declaration"} dated August 14;,2006, and filed in the office of the Recorder of Store County. IoNva, on August 17,2006,as Instrument.No.. 2006-10276;and WREREAS, the Declaration was amended by that certain First Amendment to Declaration of Covenants and Conditions for Ringgenberg Park Subdivision, Ames, Story Courtly,Iowa.dated June 11,2012,and.tiled it).the office.of'the Recorder of Story County.Iowa, on September 21. 2012, as Instrument No. 2012-11.20*5 (the "First ilrnendment°), and the. Declaration was #Urther amended by that certain Second Amendment to Declaration of Covenants and Conditions for Rini geriberg Park Subdivision, Aisles, Story County, .Iowa,dated April 3., 2014, and filed in the ofi3.4e of the Recorder of Story County_,Iowa. oil April 4; 2()14, as Instrument No. 2014-000023 l v (the "Second Amendment") (he 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 .Document., to the real property located in Ringgenberg Park Subdivision Fifth Addition.:Ames, Story C:otitity, lotiva(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. RFMAINING 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/ day of November, 2016, by Kurt W. Friedrich, as.the Manager of Ringgenberg Estates,L.L.C. r aAc BRIAN TORRESI Notary Public, State of Iowa COE MISSION NO 7472,980 My commission expires Zed/'//X 'O .4fY C.nIJd1'i"fl8S! /tlSNA �j 7- FRIEDRICH AND DEVELOPMENT COMPANY,L.L.C. 13y: - urt ..Friedrich,,M a�gei STATE OF IOWA, COUNTY OF STORY, SS: This record was:acknowledged before nee on thus / day of November, 2016, by Kurt W.Friedrich, as the Manager of.Friedrich Land.Development Company,T.,.L.C. e r f orrimission Number 761892 Notary Public, State of Iowa � s gay Co Ission.EXPtres 'f zyj 47 My'comrnission expires P/;aa l� 3.