HomeMy WebLinkAboutA011 - Declaration of Covenants, Restrictions, and Conditions of Crane Farm Subdivision Homeowners Association, Inc. dated November 17, 2016 Space above for recording data
By:Seth D.Dodge,Att'y at Law,409 Duff,Ames,IA 50010(515)232-2501
DECLARATION OF COVENANTS,
RESTRICTIONS AND CONDITIONS
OF
CRANE FARM SUBDIVISION
HOMEOWNERS ASSOCIATION, INC.
RECITALS:
Ames,
1. The Owner,Pinnacle Properties.,;LLC, an Iowa Limited Liability Company, is the
owner in fee simple of all of the Lots in Crane Farm Subdivision, Second
Addition to Ames, Iowa, which Lots are affected by this declaration and
agreement;
2. All'of the Lots will be developed as Single Family Homes and governed by these
restrictive covenants and regulations, and;
3. It is necessary and desirable to enter into an agreement which will provide for (a)
the formation and incorporation of a homeowners association (b) the surfacing
and maintenance of roads (c) the construction, maintenance and operation of
detention ponds (e) to provide for the common good of the affected property
owners;
4. The Owners desire to form and incorporate an association to be known as Crane
Farm Subdivision Homeowners Association, Inc., to accomplish and enforce
common goals.
In consideration of the premises,the Association and the Owners subject all of the Lots to
the following covenants, charges, assessments, conditions and restrictions subject to the
limitations contained in this declaration.
ARTICLE I.DEFINITIONS.
A. "Association" shall mean and refer to the Crane Farm Subdivision Homeowners
Association,Inc., its successors and assigns.
B. "Owner" shall mean and refer to the record title holder, whether one or more
persons or entities and whether equitable title holder or a fee simple title holder,
of any Lot which is a part of the Properties. The term "Owner" shall not include
contract sellers or those having an interest in a Lot which is merely as security for
the performance of an obligation. As the context requires, the term shall also refer
to the members of the Owner's household residing on the Lot.
C. "Properties" shall mean and refer to that certain real estate property described in
Exhibit A attached hereto, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
D. "Lot" shall mean and refer to any plot of land shown upon any recorded Plat of
Survey of the Properties.
E. "Declarant" shall mean and refer to Crane Farm Subdivision Homeowners
Association, Inc., its successors and assigns, and the Owners executing this
Declaration.
F. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions
and Restrictions.
G. "Member" or"Lot Owner" shall mean and refer to those owners of a Lot which is
subject to assessment.
ARTICLE II.USE OF LOTS.
A. RESIDENTIAL USE. All Lots in the Properties shall be known, described and
used solely as single-family residential lots. No more than one single-family
dwelling shall be constructed on any one Lot. No-other building shall be erected_
on a Lot except for a residence garage and such other outbuildings as are
incidental to the residential use of the property.
1. No Lot shall be subdivided except to enlarge adjacent lots. For the purposes of
these covenants a "single family dwelling" shall be defined as: a building
designed for or occupied exclusively by one family.
2. 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 appointed by the
Developer. 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. When dwellings have been constructed on all Lots
within the Subdivision, the requirements imposed by this paragraph shall
terminate.
B. DWELLING SPECIFICATIONS. All residences shall be of new construction
only. No residence of any kind shall be constructed of boxed or sheet metal
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construction unless the same is covered upon all its outside walls with stucco,
weatherboard, brick, stone or other veneer material. The residences to be
constructed or to be permitted to remain on the Lots shall meet the following
requirements, all exclusive of attached porches, breezeways, patios, courts, and
garages:
1. A single-story residence shall cover a ground floor living area of at least 1,400
square feet.
2. A one and one-half(1 1/2) story residence shall contain a total floor square
foot living area of at least 1,700 square feet.
3. A two story residence shall contain a total floor square foot living area of at
least 1,700 square feet.
C. COMPLETION TIME LIMIT. All building structures or improvements of any
kind must be completed'within twenty-four (24) months of the commencement
date of the construction and construction must begin within twenty-four (24)
months of the date on the deed from the Developer. All excess dirt from the
excavation shall be hauled form 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.
D. ADDITIONAL BUILDING RESTRICTIONS. The following restrictions pertain
to preliminary construction, and shall continue in effect after completion of
construction.
1. All residences shall have, at minimum, a two stall attached garage. ,
2. All homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three(3)new homes per year.
3. 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. Exposed foundations must be
painted to blend with exterior finishes.
4. Lots that border the pond may not have fences. All other Lots may have
fences. For fences not bordering the pond, the style of fence shall be selected
from the attached Exhibit "A". In no event shall any chain link fence be
placed on any Lot.
5. 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.
6. Following construction of the residential dwelling on any Lot, the front yard
and side yards shall be sodded. In addition to sodding, the builder or Lot
owner shall install a minimum of ten (10): 3-gallon shrubs and 1-gallon
perennials, with either mulch or rock ground cover. The shrubs and/or
perennials shall be located in the front of a Lot. 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 therefore. All street trees shall be
planted within twelve (12) months of the issuance of a certificate of
occupancy by the City of Ames,Iowa.
7. Where the City of Ames, Iowa, requires the construction of public sidewalks,
the sidewalks shall be constructed within twenty-four (24) months following
the sale of any Lot form the Developer or at the time of occupancy of any
dwelling on a Lot,whichever occurs first.
8. All retaining walls shall be constructed of stone or masonry product.No wood
landscaping timbers . / be used to construct retaining walls, or window well
retaining walls. shall
9. 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.
10. 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-.. this provision, but from
shall remain in place no longer than six (6)weeks annually.
11. 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.
12. Any construction or earth moving on any Lot shall be in compliance with 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 an 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,
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and/or attorneys and consultant fees caused by, or in any manner related to:
(1) any discharges or soil, silt, sediment, petroleum product, hazardous
substances, or sold waste from the Lot; and/or (2) any allegation violation of
any NPDES or storm water discharger rule or regulation.
13. All electrical and telephone utility service lines in the Properties shall be
constructed underground.
E. ADDITIONAL LOT RESTRICTIONS.
1. There shall be no mobile homes placed or erected on any lot.
2. No pre-erected dwelling shall be moved to any lot.
3. All finished Lots and house grades shall conform to the Developer's grading
plan which may be obtained from the Developer during construction.
4. No above ground or non-permanent swimming pool shall be permitted on any
Lot.
5. 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.
6. No tent,trailer,recreational vehicle, camper,boat,truck rated larger than three
quarters (3/4) of a ton, or other movable or temporary structure, 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.
7. 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 construction waste containers.
8. No extension towers or antennas of any kind shall be constructed,modified, or
permitted on any Lot. 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 satellite dish or parabolic device be mounted on the front
elevation or the front half of a side elevation.
9. No noxious or offensive activates 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.
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10. 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.
11. 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 signage on the
vehicles,attached to vehicles parked within the neighborhood.
12.No firearms of any kind shall be discharged in the Properties.
13. RENTAL RESTRICTION. No Lot or residence on any Lot shall be rented
for a term greater than one year to any non-Owner without the written consent
of the Association. The phrase "term greater than one year" shall also include
consecutive one year terms. The purpose of this prohibition is to preserve
owner occupancy of all Lots, and it shall be construed in that light.
ARTICLE III. CRANE FARM SUBDIVISION-HOMEOWNERS ASSOCIATION,INC.
A. MEMBERSHIP. Each Owner shall be a Member of the Crane Farm Subdivision
Homeowners Association, Inc. (the Association), a non-profit corporation to be
formed concurrently with the execution of this Declaration.
B. VOTING. Unless otherwise provided in this Declaration, each Lot shall be
entitled to one vote, subject to such conditions as this Declaration, the Articles of
Incorporation and By-Laws of the Association may, from time to time, impose.
The vote shall be cast by one Member, as provided below.
C. AUTHORITY OF ASSOCIATION. The Association shall have such authority as
is granted it by this Declaration, its Articles of Incorporation, its By-Laws and the
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laws of the State of Iowa. In furtherance, but not in limitation, of this grant of
authority, the Association shall have jurisdiction over the Road System, Pond, if
constructed, and Well and Water System, if constructed, of the Properties, as
provided in this Declaration,the Articles of Incorporation and By-Laws.
ARTICLE IV. ADMINISTRATION OF RESTRICTIVE COVENANTS.
A. VIOLATIONS. If any of the Owners, their heirs, successors or assigns shall
violate or attempt to violate any of the covenants, conditions or restrictions herein,
it shall be lawful for the Association, or any other Owner to prosecute any
proceedings at law or inequity against the violator(s) to enjoin or prevent the
violator from so doing, to recover damages or assessments, or for specific
performance in complying with said covenants, conditions or restrictions.
B. INVALIDATION. The invalidation of one or more of these covenants, conditions
and restrictions by judgment or Order of Court shall not affect the other
provisions,which shall remain in full force and effect.
C. DURATION AND AMENDMENTS. The covenants, conditions and restrictions
of this Declaration shall run with and bind the land, for a term of twenty (20)
years from the date this document is recorded. The covenants, conditions and
restrictions may be extended for additional terms of twenty (20) years any time
during the current twenty (20) year term by following the procedure set forth
below. This Declaration may be amended at any time by the vote of two thirds
(2/3) of the Lot owners. Any amendment must be recorded.
D. VOTING PERCENTAGES. Whenever in this Declaration the term Owner is used
it shall be assumed that each Lot has only one Owner even though title may be
held in more than one name. Each Owner shall be entitled to one vote for each
Lot owned. Those lots which have been divided to enlarge adjoining lots shall
have one vote, the Owners of the adjoining lots deciding among themselves how
their one vote shall be cast. The percentages required in this Declaration shall be
based upon the percentage which the Lots voting, by their Owner, bears to the
total number of Lots in the Properties.
E. RENEWAL. Any Owner is empowered and authorized to file a Verified Claim
with the County Recorder, at any time prior to the expiration of the current twenty
(20) year term, in accordance with the requirements of Section 614.24, Code of
Iowa, or its successor. The filing of such Verified Claim shall cause these
Restrictive Covenants to be extended for an additional twenty(20)year term from
the date of such filing, for all Lots. Additional Verified Claims, each extending
these Restrictive Covenants for an additional twenty (20) year term may be filed
in the same manner.
F. LIEN FOR ASSESSMENTS. Assessments, as provided in this Declaration, shall
be paid within the time period established by the Association. Any unpaid
assessments shall draw interest at a rate set by the Association, not to exceed the
maximum rate allowed by law, if not paid within the time period. In the event the
Association retains legal counsel to collect any delinquent assessment, the Owner
shall be liable for reasonable attorney's fees and costs incurred by the Association
for collection,which reasonable attorney's fees and costs may be-added to the lien
provided below.
Any delinquent assessment shall be 'a lien against the Lot for which the
assessment is owed, in addition to being a personal obligation of the Owner of the
Lot at the time the assessment becomes delinquent. The Association may file a
Notice of Lien on said Lot in the County Recorder's Office at any time an
assessment becomes delinquent, and such Notice shall constitute a valid lien
against the Lot. The lien may be enforced as a mechanics lien or suit may be
brought against the Owner personally obligated to pay the assessment.
G. ADDITION OF LOTS. Additional lots may be subjected to this Declaration upon
the consent of the additional lot owner and the vote of two thirds (2/3) of the
Owners. Any such addition shall be referred to in a written instrument which shall
be recorded in the County Recorder's Office.
H. APPROVAL OF DECLARATION. Attached hereto are the notarized signatures
of all the Owners.
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Declarant, Owner
Ames,
Pinnacle Properties�L
Date:
Keith Arneson,Manager
STATE OF IOWA, COUNTY, SS:
This record was acknowledged before me on this�_day of
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Commission Number 799542
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