HomeMy WebLinkAboutA008 - Restrictive Covenants and Regulations for Single Family Homes dated September 1, 2017 Instrument N: 2017-10501
10/13/2017 11:31:10 AM Total Pages: 7
COV COVENANTS
Recording Fee: 37.00
Stacie Herridge, ecorder, Story County Iowa
mill W& 1A R41 O&C fit W 02101 /1111
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: Eric J.Eide,1416 Buckeye Ave.Ste.200,Ames,IA 50010
Document prepared by: Eric J.Eide,Attomey at law,1416 Buckeye Ave.Ste.200,Ames,IA 50010—515-956-3919
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SINGLE FAMILY HOMES
IN BIRCH MEADOWS SUBDIVISION, FIRST ADDITION
WHEREAS, the undersigned is the owner of the lots contained in Birch Meadows
Subdivision, First Addition to Ames, Story County Iowa; and
WHEREAS, for their own protection and for the benefit of the subsequent owners
of Residential Lots within said subdivision, and said owner desires to restrict the use
thereof in certain particulars;
NOW, THEREFORE, the parties hereto, in consideration of the covenants and
agreements of each other, by these presents, covenant, bargain and agree among
themselves and for their successor and assigns, as follows:
1. All Lots (except Lot A and any Outlot) shall be known and described as
Residential Lots and shall not be improved, used or occupied for other
than for private single-family residential purposes.
2. All Residential Lot owners (an "Owner" or collectively, the "Owners")
shall be members of Birch Meadows Homeowner's Association, Inc. (the
"Association"). The Association shall be governed by Bylaws and other
organizational documents that shall set forth the duties and obligations of
the Owners with respect to the ownership of the Residential Lots within
the subdivision.
3. The residences to be constructed or to be permitted to remain on Lots 1
through 15 shall meet the following requirements:
a. One-story residences shall have a ground floor finished area of not
less than 1,200 square feet.
b. One and one-half story residences, split-level residences and two-
story residences on all Residential Lots shall have a total finished
area of not less than 1,400 square feet.
C. The computation of the floor area shall not include porches,
breezeways or garages.
4. No Residential Lot shall be subdivided for the purpose of constructing
more than one residence per Residential Lot; however, parts of Residential
Lots may be conveyed to adjoining Residential Lot owners for any other
purpose.
5. No building, fence, wall or other structure shall be commenced, erected or
maintained on any Residential 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 D & R Furman, L.L.C.,
hereinafter referred to as "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 Residential Lots within
Birch Meadows Subdivision, First Addition to Ames, Iowa, 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
Residential Lot.
b. No pre-erected dwelling shall be moved to any Residential Lot.
C. Dwellings on all Residential Lots must have a double attached
garage, at a minimum.
d. No more than twelve 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. Fences are permitted only in the rear yard of all Residential Lots.
Chain link fences are permitted; however, no fence may have a
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galvanized finish.
f. All building structures or improvements of any kind must be
completed within twelve months of the commencement date of the
construction. All excess dirt from the excavation shall be hauled
from the Residential 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 RESIDENTIAL LOT WITHIN 12
MONTHS OF THE DATE OF THE DEED FROM
DEVELOPER, THE OWNER OF RECORD, AT
DEVELOPER'S REQUEST, AGREES TO DEED THE
PROPERTY BACK TO DEVELOPER FOR 90% OF THE
ORIGINAL PURCHASE PRICE. THERE WILL BE NO
ADJUSTMENT FOR TAXES, CLOSING COSTS OR
INTEREST FROM THE TIME OF THE ORIGINAL
PURCHASE OF THE LOT AT THE TIME THE DEED IS
CONVEYED TO DEVELOPERS. 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
RESIDENTIAL LOT.
g. All homes must be built by a recognized homebuilder which shall
be a homebuilder who completes construction of at least three new
homes annually.
h. All finished Residential Lots and house grades shall conform to the
Developer's grading plan which must be obtained from the
Developer prior to construction.
i. All mailboxes shall be placed according to United States Postal
Service regulations. Individual mailboxes will not be permitted.
Cluster boxes will be provided by the Postal Service.
j. No above-ground or non-permanent swimming pool shall be
permitted on any Residential Lot.
k. 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 Residential Lot, either
temporarily or permanently. Tool sheds, utility buildings or play
houses may be placed in the rear yard of any Residential Lot;
however, they may not exceed 120 square feet in size. Any
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allowed outbuilding must have the same exterior finish material as
the residence.
1. No tent, trailer, boat, camper, motor home or truck rated larger
than 3/-ton or other movable or temporary structure or enclosure
shall be maintained or parked on any Residential Lot or street
within public view for more than a total of thirty (30) days in any
calendar year or forty-eight (48) consecutive hours.
M. No rubbish containers shall be visible from the street except on
pickup day and one day before and one day after pickup day.
Construction waste containers shall be exempt from this provision;
however, the builder or Residential Lot owner shall be responsible
for keeping the construction debris contained on the Residential
Lot and in the construction waste containers.
n. Satellite dishes or parabolic devices in excess of twenty(20) 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.
o. No extension towers or antennas of any kind shall be constructed,
modified or permitted on any Residential Lot except television or
radio antennas of less than ten (10) feet are permitted on dwellings
or garages.
P. No noxious or offensive activities or odors shall be permitted on or
to escape from any Residential Lot, nor shall anything be done on
any Residential Lot which is or may become an annoyance or
nuisance, either temporarily or permanently.
q. No animals, livestock or poultry of any kind shall be raised, bred
or kept on any Residential 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 on a leash at all times.
r. Following construction of the residential dwelling on any
Residential Lot, the front yard and side yard(s) shall be timely
sodded. The requirement for sod shall be waived where a
permanent underground irrigation system is installed on the
Residential Lot. Fifteen (15) feet of the rear yard, measured from
the rear of the dwelling, shall be sodded. The remainder of the
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yard shall be seeded or sodded.
In addition to seeding and sodding, the builder or Residential Lot
owner shall expend a minimum of $1,000 for landscaping. The
landscaping shall include at least one 2'/z-inch caliper tree. In
addition, the developer of any Residential Lot shall plant the
necessary trees to comply with the City streetscape plan and the
builder shall bear the costs therefor. All street trees shall be
planted within twelve (12) months of the issuance of a certificate
of occupancy by the City of Ames.
S. When the City of Ames requires the construction of public
sidewalks, the sidewalks shall be constructed within twelve (12)
months following the sale of any Residential Lot or at the time of
occupancy of any dwelling on a Residential Lot, whichever occurs
first.
t. Roof materials shall be compatible with and complimentary to the
exterior materials and colors. White or white-blend roof shingles
are not permitted.
U. 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
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 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 weeks. Other. signs
permitted by Developer shall be displayed for such times as
authorized by Developer. All such signs shall be limited to no
more than 39" wide and 24" high 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.
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V. All outdoor light fixtures shall be designed, installed and
maintained to prevent light trespass beyond the boundaries of the
Residential 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 300 lumens and for all
manually switched or occupancy sensor switched fixtures
exceeding 1000 lumens. Christmas lighting or other temporary
outdoor lighting shall be exempt from this provision, but shall
remain in place no longer than six weeks.
W. Each Residential Lot owner shall keep the Residential Lot free of
weeds and debris and shall take all necessary steps to control
erosion on the Residential Lot. All Residential 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
Developer, erosion is not properly controlled, corrective action
may be taken and the costs assessed against the Residential Lot
owner.
7. 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.
8. In case of violation of any of the covenants, any person then owning a
Residential 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.
9. 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.
D & R FURMAN,L.L.C.
BY: `� F BYZ/chard
`�Ll7tC�hMary R. Fi , as Co-Trustee of the Richard L.Fitch,as Co-Trustee of the Richard
and Mary Fitch Revocable Trust u/d/o and Mary Fitch Revocable Trust u/d/o
September 25, 1996,Member September 25, 1996,Member
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STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on S-ejn�� , 2017,by
Mary R. Fitch and Richard L. Fitch, as Co-Trustees of the Richard and Mary Fitch
Revocable Trust u/d/o September 25, 1996, which trust is a member of D & R Furman,
L.L.C.
NOTARY PUBLIC '
DAVID W. BENSON
COMMISSION No. 1 112 3 0
MY COMMISSION EXPIRES
rowo APRIL 24, 2020
D & R FURMAN L.L.C.
BY: �YYIC@,lk l l�. RAJ,. h
Mary R. Fitcli, as Trustee of the Ruth W.
Furman Revocable Trust,Member
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2017
by Mary R. Fitch, as Trustee of the Ruth W. Fu an Revocab e Trust, which trust is a
member of D &R Furman, L.L.C.
NOTARY PUBLIC
DAVID W.BENSON
COMMISSION NO. 1112 3 0
MY COMMISSION EXPIRES
APRIL 24, 2020
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