HomeMy WebLinkAboutA003 - Restrictive Covenants and Regulations dated July 20, 2017 a Instrument N: 2017-10697
J` 10/19/2017 02:57:56 PM Total Pages: 8
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515)288-2500
RETURN TO: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
RESTRICTIVE COVENANTS AND REGULATIONS FOR
QUARRY ESTATES SUBDIVISION SECOND ADDITION,
AMES, STORY COUNTY,IOWA
WHEREAS, the undersigned are the owners of Lots One (1) through Thirty-six (36)
("Lot" or the "Lots") contained in Quarry Estates Subdivision Second Addition, Ames, Story
County, Iowa(the"Subdivision"); and
WHEREAS, all of the .Lots will be developed and governed by these restrictive
covenants and regulations; and V
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. All Lots shall be known and described as residential lots and shall not be
improved, used, or occupied for other than private single-family residential
purposes.
2. All owners of Lots shall be members of Quarry Estates 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 the ownership of Lots within the
Subdivision.
3. The residences to be constructed or to be permitted to remain on the Lots-shall
meet the following requirements:
a. One (1) story residences shall have a ground floor finished area of not less
than one thousand three hundred (1,300) square feet.
b. One and one-half(1'/2) story residences or split-level residences shall have
a ground floor finished area of not less than seven hundred fifty (750)
square feet and a total finished area on the ground floor and the second
floor of not less than one thousand five hundred(1,500) square feet.
C. Two (2) story residences shall have a ground floor finished area of not less
than seven hundred fifty (750) square feet and a total finished area on the
ground floor and the second floor of not less than one thousand five
hundred (1,500) square feet.
d. The computation of the 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 Lot
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 The Quarry
Estates, LLC (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. Except with respect to the restriction set forth in Paragraph
6(q), when dwellings have been constructed on all Lots within the Subdivision,
the requirements imposed by this paragraph shall terminate.
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 or
double detached garage.
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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. Exposed
foundations must be painted to blend with exterior wall finishes.
e. 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 DEVELOPER'S REQUEST, AGREES TO DEED
THE LOT BACK TO THE DEVELOPER FOR NINETY PERCENT
00%) OF THE ORIGINAL PURCHASE PRICE WITH NO
ADJUSTMENT FOR TAXES, CLOSING COSTS OR INTEREST
AT THE TIME THE DEED IS CONVEYED TO THE
DEVELOPER. 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.
f. All homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three(3)homes per year.
g. All finished Lots and house grades shall conform to the Developer's
grading plan which may be obtained from the Developer during
construction.
h. 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.
i. No above ground or non-permanent swimming pool shall be permitted on
any Lot.
j. 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.
k. No recreational vehicle, camper, boat or truck rated larger than three
quarters (3/) of a ton shall be parked on a Lot for a period of time
exceeding forty-eight (48) consecutive hours or for more than thirty (30)
days in any calendar year.
1. 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.
M. 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 as long as
they are not visible from the street. Satellite dishes 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.
n. 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.
o. 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.
P. Following construction of the residential dwelling on any Lot, the front
yard and side yards shall be sodded. Fifteen (15) feet of the rear yard,
measured from the rear of the dwelling, shall be sodded. The remainder of
the yard shall be seeded or sodded. In addition to seeding and 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%2) inch caliper tree. The purchaser of any Lot shall
plant the necessary trees to comply with the City of Ames, Iowa,
streetscape plan. All street trees shall be planted within twelve (12)
months of the issuance of a certificate of occupancy by the City of Ames,
Iowa.
q. Notwithstanding anything herein to the contrary, fences may be placed on
any Lot within the Subdivision that has an authorized swimming pool if
the purpose of the placement of the fence is to secure the pool area (a
"Security") and the location of the Security Fence is limited to the
area reasonably necessary to effectuate that purpose. Any said Security
Fence must nonetheless be approved by the Developer in accordance with
Paragraph 5. In no event shall any fence be placed on Lots Twenty (20)
through Twenty-two (22) except for an approved Security Fence.
r. All dwellings may have a front porch that is six (6) to eight (8) feet deep.
The porch shall be in the front yard setback area. Porch width shall be at
least thirty percent (30%) of the frontage of the dwelling and no less than
twelve(12) feet in length.
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. Lots shall not have tool sheds or other outside structures constructed or
placed on the Lots. Chain link fences are not permitted. If a fence is
installed, it must be a two (2) pattern fence. The plans for the fence shall
be approved by the Developer.
X. 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.
7. Any construction or earth moving on any Lot shall be in compliance with all laws
relating to storm water discharge permitting. The Lot owner shall be the sole
responsible permittee for the Lot with respect to compliance with the terms,
provisions and requirements of any NPDES Storm Water Discharge Permit No. 2
and any storm water pollution prevention plan that includes the Lot.
During the ownership of the Lot, the Lot owner shall protect, defend, indemnify
and hold the Developer and other Lot owners harmless from any and all damages,
claims, liabilities, fines, penalties, cleanup costs and/or attorneys' and
consultants' 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; and/or (2) any alleged violation of any NPDES or storm water discharge
rule or regulation.
8. For purposes of this Paragraph 8 the term "Conservation Easement" shall mean
the definition referenced in Section 23.201(18) of the Ames Municipal Code and
Chapter 457A of the Iowa Code. The legal descriptions of any and every
Conservation Easement granted to the City of Ames, Iowa upon the platting of the
Subdivision shall be noted on the Final Plat of the Subdivision and on an
easement document to be recorded with the Final Plat of the Subdivision. Each
Lot owner shall strictly comply with the restrictions set forth in Division VI of
Chapter 23 of the Ames Municipal Code and the Conservation Management Plan
for the Subdivision as approved by the Municipal Engineer of the City of Ames,
Iowa with respect to the management and ownership of any areas within the
Subdivision encumbered by a Conservation Easement. The General Association
shall be charged with enforcing said restrictions on any Lot not owned by the
General Association, and furthermore, the General Association shall be ultimately
responsible for the enforcement of said restrictions on any outlots owned by the
General Association. In furtherance of said charge, the owners of Lots shall be
liable for dues to the General Association in such amounts as the General
Association deems adequate to comply with the requirements of Division VI of
Chapter 23 of the Ames Municipal Code.
9. 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.
10. 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.
11. 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.
12. This instrument may be amended upon the recording of a written instrument
executed by the 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 12, each Lot shall be deemed to have one (1) owner, and each said
owner shall be entitled to one(1)vote for each Lot owned.
13. The provisions of this instrument and any amendments hereto may be extended
for an additional period beyond the initial twenty-one (21) year period by the
owners of seventy-five percent (75%) of the Lots within the Subdivision by filing
a verified claim in the office of the Recorder of Story County, Iowa, within the
initial twenty-one (21) year period. For the purposes of this Paragraph 13, each
Lot shall be deemed to have one (1) owner, all as provided in the preceding
paragraph.
Dated at Ames, Iowa this 28th day of July, 2017.
(SIGNATURE PAGE FOLLOWS)
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THE QUARRY ESTATES,L.L.C.
By.
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K . Friedrich,Manager
By:
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STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this c� day of July, 2017, by Kurt W.
Friedrich, as a Manager of The Quarry Estates, L.L.C.
o'�PPSR NANCY BAERENWALD
Z COMMISSION N0. 766680 Notary Public in d for the State of Iowa
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STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this<;Zg day of July, 2017, by Richard J.
Johansen, as a Manager of The Quarry Estates, L.L.C.
Notary Public ' and for the State of Iowa
My commission expires 3-D-%-'ab
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NANCY BAERENWALD
* » COMMISSION NO. 766680
MY COMMISSION EXPIRES
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