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HomeMy WebLinkAboutA043 - Declaration of Covenants, Conditions, Easements, and Restrictions for the Irons Townhomes dated April 20, 2017 - Lots 32 through 34 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE IRONS Preparer Information: Lisa R.Wilson 475 Alice's Road,Suite A Waukee,Iowa 50263 (515)369-2502 Taxpayer Information: N/A Return Document To: Wilson Law Firm,P.C. 475 Alice's Road,Suite A Waukee,Iowa 50263 Grantor: The Irons,L.L.C. Grantee: N/A Legal Description: Lots Thirty-two(32)through Thirty-four(34),in The Irons, an Official Plat,now included in and forming a part of the City of Ames, Story County,Iowa. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE IRONS THIS DECLARATION is made this aeday of 4-6 1 , 2017,by The Irons, L.L.C., an Iowa limited liability company("Declarant"). r RECITALS: WHEREAS,Declarant, concurrently herewith,has subdivided, developed and platted The Irons in the City of Ames, Story County, Iowa("The Irons"), and is the owner of Lots 32 through 34 in said The Irons (the"Lots"); and WHEREAS,Declarant is desirous of establishing certain covenants, conditions, easements and restrictions for the benefit of the owners of the Lots. NOW,THEREFORE,Declarant hereby publishes and declares that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, easements and restrictions, all of which are for the purpose of enhancing and protecting the value and attractiveness, and desirability of the Lots, and all of which shall run with the land and shall be a burden upon and a benefit to, any and all parties acquiring or owning any right,title or interest in any part of the Lots, and their heirs, successors, assigns, grantees, executors, administrators and devisees. I. DEFINITIONS A. "City" shall mean the City of Ames, Iowa. B. "Declarant" shall mean The Irons,L.L.C., and its successors and assigns, as to the entirety of the Lots that has not theretofore been conveyed to homebuilders or homeowners, unless the context indicates otherwise. C. "Lot" shall mean and refer to Lots 32, 33 and 34 as shown on the recorded plat of The Irons. D. "Owner" shall mean a person the person or persons who from time to time collectively hold the entire fee title to a Lot, including sellers under executory contracts of sale (but shall not include any person or entity who holds such fee title merely as security for a loan, unless and until such person has succeeded to ownership by enforcement of its remedies under such security instruments). E. Words and phrases in this Declaration shall be construed as in the singular or plural number,unless the context permits only one such manner. 2 H. DESIGNATION OF USE The use of all Lots shall be limited to single-family residential use with not more than one single-family dwelling on each Lot, and may be developed only with other uses of land or structures customarily incidental and subordinate to the single-family residential use as permitted by the City of Ames Zoning Ordinance, unless such uses or structures are otherwise regulated or prohibited by this Declaration. No full-time or part-time business activity may be conducted on any Lot or in any building or structure on any Lot, except to the extent of a home occupation permitted by the City of Ames Zoning Ordinance, and except that home builders may maintain model homes during construction, and Declarant may maintain a sales office during its development and sales of the Lots in The Irons. A. 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. B. No trailer,boat, camper, motor home, or truck rated larger than 3/4 ton or other movable or temporary structure or enclosure shall be maintained or parked on any Lot or street within public view. All overnight street parking of any vehicle is strictly prohibited. C: No mobile home or Manufactured Homes as defined in the Code of Iowa shall be placed on or erected on any Lot. D. No noxious or offensive activity or odors shall be permitted on or to escape from any Lot,nor shall anything be done thereon which is or may become an annoyance or nuisance, either temporarily or permanently. E. 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. In no event,however, shall more than two dogs be maintained on any one lot at any one time. Dogs must be tied or fenced or kept in a dog run,which dog run must meet the requirements of paragraph J of Article III. F. Any construction or earth moving on any lot(s) (whether greater or less than one acre in size) shall be in compliance with all statutes,rules and/or ordinances relating to storm water and erosion control compliance and permitting. The Owner understands and agrees that he/she is the sole responsible permittee for the lot(s)with respect to compliance with all terms, provisions and requirements of the NPDES Storm Water Discharge Permit No. 2,the storm water pollution prevention plan which includes the lot(s) and any and all applicable storm water and/or erosion control statutes,rules and ordinances. Each Owner shall protect, defend,indemnify and hold the Declarant and other Owners 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 solid waste from the lot(s)identified 3 above; and/or 2) any alleged violation of any NPDES, storm water and/or erosion control statute, rule or ordinance, after the date of sale of the lot(s). III. DESIGN AND CONSTRUCTION A. In order to preserve the general design for the development of the whole of Ames, no structure or other improvement, or addition thereto, shall be erected upon any Lot unless the plan, design,building materials and location thereof shall have been first approved by the Declarant or such person or persons designated by the Declarant for this purpose. Approval of such plans shall not be unreasonably withheld. B. All building structures or improvements of any kind must be completed within 12 months of the commencement date of construction;provided,however,the construction of all improvements and building structures shall be commenced no later than two years after purchase of the Lot. C. No building shall be erected on any Lot nearer than the building setback lines as shown on the recorded plat. D. No building or structure shall be constructed, altered or maintained on any Lot unless it has a driveway running from a street to the dwelling,which must be of sufficient area to park at least two cars entirely off the-street right-of-way. All driveways shall be constructed of concrete surfacing. E. All dwellings must be constructed with the minimum of a three-car,maximum of six-car, attached or built-in basement garage,unless otherwise approved by the Executive Committee. Side-load garages are highly recommended. No detached garages are permitted. F. The exterior of any dwelling, garage or outbuilding located on any Lot shall be fmished in an earth tone conservative color design that will blend well with the abutting subdivisions. A minimum of forty percent(40%) of the front elevation of the dwelling on each Lot shall be covered with a brick, stone veneer or stucco. All siding must be a 50-year concrete board (commonly referred to as "Hardie Plank", "James Hardie Siding" or"LP Smartside"). Steel and vinyl siding is not permitted. In addition to the foregoing, all areas of exposed concrete, concrete block or tile foundations shall be either painted to blend with the exterior wall finishes, or covered with brick or stone veneer or the equivalent. G. All roof material shall be slate,tile, cedar shakes, or composition shingles, unless otherwise approved by the Executive Committee. Composition shingles shall be architectural grade,with a minimum thirty-year (30)warranty. Shingle colors shall be muted earth tones and be compatible with and complimentary to the exterior materials and colors of the building structures. 4 H. All dwellings shall contain a minimum square footage of living space exclusive of attached garages,breezeways, and porches as follows: (1) One-story dwellings must have a minimum of 1,900 square feet of finished floor area directly under roof. (2) One and one-half story dwellings must have a minimum of 2,500 square feet of finished floor area directly under roof(main and upper floors). (3) Two-story dwellings must have a minimum.of 2,600 square feet of finished floor area directly under roof(main and upper floors). I. Playhouses,utility buildings, storage sheds or other similar structures shall be permitted upon the approval of the Executive Committee;provided that the exterior and the roof of any such structure shall be constructed of the same material,have the same color and appearance as the residential dwelling on the same Lot and are located only in rear yards. No such structure shall be located closer than twenty feet(20') from any Lot line,unless the Declarant has specifically approved the structure and location. IV. LANDSCAPING AND FENCES A. Within thirty (3 0) days of completion of the dwelling on a Lot,the Lot shall be fully sodded, except where the topography, conservancy districts, creek slopes or tree cover does not make sodding practical. If weather conditions make the time requirement for sodding impossible to comply with, Declarant shall establish a reasonable period of time for compliance. Only Outlots may be seeded in lieu of sod. B. No more than five (5)trees,regardless of size or type, shall be removed from any Lot without the prior written approval of the Executive Committee. This restriction shall be cumulative as to each Owner for the entire period of time the Lot is owned. C. Fences are not permitted upon any Lot except those installed to enclose a pool or invisible pet fencing, and shall be subject to the following: (1) No fence shall be installed without the prior written approval of the Executive Committee. (2) No fence shall be constructed forward of the dwelling's back building line and shall not be constructed within a-drainage easement area without the prior written consent of the Declarant. (3) Pool fences shall be constructed of black, ornamental materials only and must be landscaped and screened with shrubs and bushes as approved by the Executive Committee. 5 V. SATELLITE DISHES,ANTENNAS,POLES A. Satellite dishes or parabolic devices in excess of twenty inches (20") in diameter used to receive television or other signals from satellites shall not be permitted. The satellite dish or parabolic device shall be mounted on the rear elevation of the dwelling or garage, 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. B. No exterior towers or antennae of any kind shall be constructed, modified or permitted on the ground of any Lot or on any dwelling, garage or other permitted structure. All antennae shall be concealed with the attic space of the dwelling or garage. C. No light pole shall be used or placed upon any Lot.that extends more than ten feet (10') above grade, except those to light a tennis court. All light poles shall be of a residential design and shall be position on a Lot in a manner that will avoid direct lighting onto adjoining Lots. In not event shall a light pole be located any closer than twenty feet(20') from any property line. VI. MISCELLANEOUS RESTRICTIONS A. No sign of any kind or description shall be placed, exposed to view or permitted to remain on any Lot or any street adjacent thereto, except: (i) street markers,traffic signs and other signs displayed by the City or other governmental units; (ii) signs which have been approved by the Declarant or its authorized agent not exceeding 144 square inches in area upon which there shall only be exhibited the street number or name, or both, of the resident; and(iii) a customary sign(one per Lot) advertising a dwelling for sale,not exceeding 1296 square inches in area. In the event that any sign, other than those described above, shall be placed or exposed to view on any of the Lots restricted hereby,the officers or agents of the Declarant are hereby given the right to enter upon those Lots and remove said signs. Real estate signs by the Declarant will be permitted until such development is completed. Declarant reserves the right to install entrance and directional signs with respect to The Irons, at locations and of design determined by the Declarant, and in a manner consistent with the ordinances of the City. B. No trash receptacles, garbage cans or recycling bins shall be permitted to be placed outside a dwelling or garage except as is necessary for regular collection. C. Only below-ground swimming pools shall be permitted on a Lot,which shall be located in the rear yard and shall be screened by a fence (if required by the City and approved by the Executive Committee) or hedges. No above-ground swimming pools are allowed. D. All utilities, including trunk and service lines for telephone, electricity and cable television, shall be constructed and located underground. No private wells shall be permitted on any Lot. All septic systems shall be maintained in accordance with all State of Iowa and Story County regulations. 6 E. The use of phosphorous fertilizer on any Lot is strictly prohibited. VII. EASEMENTS Certain perpetual easements are reserved as shown on the recorded plat of The Irons, and/or as may be granted to the City by the Declarant and filed of record in the Office of the Story County Recorder. The owner or occupant of a Lot shall, at their own expense,keep and preserve that portion of the easement within their Lot in good repair and condition, and shall neither erect nor permit erection of any building, structure or fences of any kind within the easement which might interfere in any way with the use of such easement. VIII. SIDEWALKS The purchaser of a Lot shall, at the purchaser's expense, install public sidewalks in accordance with specifications of the City upon the earlier of the date the dwelling is built upon the Lot or within one year of purchase of the Lot from the Declarant. IX. MAINTENANCE OF LOTS AND SURFACE WATER A. The owner or person in possession of each Lot,whether vacant or improved, shall keep the same well maintained, groomed and mowed, free of uncut weeds, rubbish, garbage and debris. Damaged or dead trees and shrubbery will be trimmed out or removed. Failing this,the Owner agrees that upon receipt of written notice from the Declarant to mow or cut such vegetation,trim or remove damaged trees or shrubbery, and/or remove such debris within ten (10) days,the Owner will be subject to a combination of remedies recognized at law or equity. B. Vegetation in conservancy easements, flowage easements, creek channels, drainage ways and/or timbered areas shall not become overgrown with weeds,but may be planted in ground-cover species appropriate to the topography and land form. C. The topography of The Irons 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 such easements as may exist for the flowage of surface water under the laws of the State of Iowa, as may be in effect from time to time, an all Owners shall have such rights and obligations with respect thereto as may be provided by such law. ARTICLE X. EXECUTIVE COMMITTEE A. Establishment/Function The Declarant's Executive Committee (the"Executive Committee") is hereby established. The Executive Committee shall consist of the Manager or Managers of the Declarant or the designee (s) of such Manager or Managers. The functions of the Committee shall be to interpret and apply these Covenants, Conditions, Easements and Restrictions and to 7 review building and landscaping plans as described below in Article XI during the time that property is being developed. B. Meetings, Quorum and Vote The Executive Committee shall meet at a reasonably convenient time and place within ten(10) days after receiving the request of any interested party. One-half of the members of the Committee shall constitute a quorum. A majority vote of the Executive Committee members present(assuming a quorum present) shall be sufficient for Committee action and decision. C. Election of Replacement Committee If the Executive Committee should be discontinued,regarding the property,Declarant shall designate a successor entity to carry out the duties of the Executive Committee,but only with respect to the property described in this Declaration. D. Executive Committee Procedure (1) Design review by the Executive Committee is intended to protect and enhance the distinctive character and natural attractiveness of The Irons area. All buildings, structures or appurtenances thereto, including landscaping,to be erected, constructed, established, altered or enlarged within the property must be reviewed and approved by the Executive Committee as described below in Article XI. (2) The Executive Committee shall consider and approve or disapprove the materials required to be submitted pursuant to these Covenants, Conditions,Easements and Restrictions. (3) Prior to change of any building's exterior character by remodeling or alteration, the Owner, or his or her designated agent, shall secure the written approval of the Executive Committee. XI. REVIEW AND APPROVAL OF PLANS A. Plans and Specifications to be Submitted for Approval. (1) Final site plan documents drawn to scale outlining the following must be submitted to the Executive Committee for review and approval prior to the commencement of any construction on a Lot: (a) Property legal description with scale and arrow on plan showing North; (b) Building locations including setback dimensions; (c) Driveways and sidewalks; 8 (d) Special features, such as fencing, lighting,underground utilities and mechanical equipment; (e) Contour lines or slope of draining; (f) Landscaping plan, submitted prior to installations; (g) Size,height,type and color of any sign; and (h) Parking areas,points of access, as well as any easements for access and means of screening. (2) Final building plans and specifications outlining the following must be submitted to the Executive Committee for review and approval prior to the commencement of any construction on a Lot: (a) Floor plans, exterior elevations and sections; (b) Square footage of buildings; (c) Exterior colors and material samples for exposed exterior materials; and (d) Perspective rendering or photo, if available. XTI. COVENANT ENFORCEMENUGENERAL PROVISIONS A. Penalties In addition to the remedies described below in Paragraph B or elsewhere in this Declaration, the Declarant is hereby authorized to levy against any Lot in violation of this Declaration of Covenants, Conditions, Easements and Restrictions an assessment penalty not to exceed $100 for each day a violation of this Declaration continues beyond thirty (30) days after notice of a violation has been given by the Declarant to the Owner of said Lot by certified mail, return receipt requested, or delivered in writing in by personal service. If the Owner of the Lot cannot be located after a diligent search or inquiry, the Declarant shall publish notice of the violation for two (2) successive weeks in a newspaper of general circulation in Story County, Iowa. If the Owner has not fully complied with the terms of this Declaration within thirty (30) days after receiving notice, or thirty (30) days after second publication of notice, the Declarant shall have the authority to levy an assessment penalty as described herein. This assessment shall be a lien on the Lot and shall have the same status as any other assessment levied by the Declarant. Any Lot Owner objecting to the notice of violation shall have the right within thirty 9 (30) days of receiving notice to request a hearing before the Declarant. Assessment of the penalty shall be stayed pending a hearing and final decision by the Declarant. B. Specific Enforcement of Restrictions All Owners of Lot covenant and agree, by acceptance of a deed to such Lot, whether or not it shall be so expressed in such deed, that monetary damages may not provide adequate compensation for the breach of the restrictions and covenants contained in this Declaration and that this Declaration may be specifically enforced by Declarant, the City or an adversely affected Lot Owner. C. Attorney's Fees In the event it shall be necessary to secure the services of an attorney to enforce the provisions of this Declaration, then the fee of such attorney, and all other costs in connection with the enforcement of this Declaration shall be the obligation of the Owner of the Lot which is the subject of such enforcement action, unless such Owner is found not to have violated any provision of this Declaration. D. Covenants Binding and Running with The Land. Each of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration shall be binding upon and inure to the benefit of Declarant and the Owners of each Lot, and their successors and assigns and all parties and persons claiming under any of them, and shall be deemed covenants that run with the land, and shall continue for the applicable periods specified in this Declaration. It is the intent that, notwithstanding anything in the Code of Iowa to the contrary, all of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration shall be covenants running with the land for the full period specified in this Declaration without further action by either Declarant or any Owner of any Lot in The Irons. However, in the event that Section 614.24 of the Code Iowa, as the same may be amended or replaced, may require that a verified claim be filed' in the Office of the Recorder for Story County, Iowa prior to the twenty-first anniversary of the date of this Declaration or the twenty- first anniversary of the last filing of such verified claim in order to continue all or some of the covenants of this Declaration, including, but not limited to, any covenant, term, provision or restriction that is or may be considered a use restriction, reversion or right of reverter, in effect throughout the applicable periods specified in this Declaration,then: (1) any or all of the Owners of the Lots, acting jointly or severally, shall file all verified claims necessary to keep all of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration throughout the applicable periods specified in this Declaration; (2) a verified claim filed by Owner of a Lot which is subject to this Declaration shall be valid and binding upon all the then Owners of Lots subject to this Declaration,and their successors and assigns, 10 with the same effect as if executed by all such persons, and in order to facilitate filing of any verified claim required to so continue all or any of the conditions, covenants, easements, indentures, restrictions and reservations contained in this Declaration throughout the applicable periods specified in this Declaration in full force and effect, each Owner of a Lot is hereby irrevocably appointed the attorney-in- fact for all of the other Interested Parties for the purpose of filing any such verified claim. E. Duration. Any easements granted in or pursuant to this Declaration, and any other provisions of this Declaration to the extent applicable to such easements, and any other covenants, indentures, restrictions and reservations of this Declaration that are reasonably or necessarily incidental to the benefit or burden of such easement rights, including any rights of assessment or for liens for the payment of costs associated therewith, shall continue in perpetuity,unless sooner modified or terminated as provided in this Declaration. Except as provided in the preceding paragraphs of this Article, the covenants, conditions, restrictions and easements in this Declaration are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-one years after the date they are recorded in the Story County Recorder's Office,unless sooner modified or terminated as provided in paragraph D of this Article. F. Amendment of This Declaration This Declaration may be amended in writing by an instrument signed and filed of record in the Office of the Polk County, Iowa Recorder, by at least fifty-one percent (51%) of the Lot owners, if the Declarant does not own a Lot. Notwithstanding the foregoing, the Declarant retains the sole right to amend this Declaration for any reason so long as Declaxant has an ownership interest in any Lot. G. Severability In the event any provision of this Declaration is held invalid, illegal, or unenforceable, in whole or in part, the remaining provisions of this Declaration shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Declaration is invalid, illegal or unenforceable as written or applied, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written or applied and shall be construed and enforced as so limited. H. Captions The captions of the articles, sections and any paragraphs, of this Declaration, or the lack thereof, are for convenience only and shall not be considered nor referenced in resolving questions of interpretation and construction of this Declaration. 11 F � b ARTICLE XIII. RIGHT OF FIRST REFUSAL/BUILDER EXCLUSIVITY Bella Homes, LLC shall be the sole and exclusive home builder in The Irons. Each Owner of a Lot by acceptance of a deed therefor, and whether or not it shall be so expressed in such deed, is deemed to covenant and agree to use Bella Homes, LLC as his/her builder. In the event said parties shall be unable to reach a construction agreement acceptable to both parties, the Owner of the Lot shall either (i) obtain a written waiver from Bella Homes, LLC waiving its rights as the exclusive builder as to that specific Lot or (ii) convey the Lot to Bella Homes,LLC for the same purchase price (excluding fees and costs) as originally paid by the Owner of the Lot. Until such time as the initial dwelling and related improvements have been constructed on any given Lot purchased from the Declarant, Bella Homes, LLC shall have a first right of refusal to purchase lots in The Irons. Dated this day of 2017. THE IRONS, L.L.C.,DECLARANT By: Ts ardner,Manager STATE OF IOWA ) ss: COUNTY OF ) This instrument was acknowledged before me on this day of ri 2016,by Chris Gardner,Manager of The Irons,L.L.C. e L "m L - JELL D. SMOTH Notary P c in and for the State of Iowa OWL,, :Commission Number T,450 ° My Com�ts�io� oires ��((rr 12