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Home My WebLink AboutA009 - Restrictive Covenants and Regulations dated June 21, 2018 ggT UQ Instrument 0: 2018-06017 07/05/2018 03:25:44 PM Total Pages: 5 COV COVENANTS Recording Fee: $ 27.00 wo 1 Stacie Herridge, Recorder, Story County Iowa m N w INSTRU61ElVT 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 THIRD ADDITION, AMES, STORY COUNTY, IOWA WHEREAS, the undersigned are the owners of Lot One (1) (the "Lot") contained in Quarry Estates Subdivision Third Addition, Ames, Story County, Iowa(the"Subdivision"); and WHEREAS, the Lot will be developed and governed by these restrictive covenants and regulations; and WHEREAS, for their own protection and for the benefit of subsequent owners of said Lot 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 owners of the Lot 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 the Lot within the Subdivision. 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 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 a surrounding structures and drainage patterns in accordance with the storm water management plan. 3. The following restrictions shall also constitute covenants: a. 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 (90%) 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 BUILDING, THIS RIGHT TO REPURCHASE SHALL TERMINATE AS TO THAT LOT. b. The finished Lot grade shall conform to the Developer's grading plan which may be obtained from the Developer during construction. C. 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. d. 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. e. 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. f. 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. g. The use or application of any fertilizer or lawn additive that contains phosphates is prohibited on all Lots. 4. 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. 5. For purposes of this Paragraph 5 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 Association shall be charged with enforcing said restrictions on any Lot not owned by the Association, and furthermore, the Association shall be ultimately responsible for the enforcement of said restrictions on any outlots owned by the Association. In furtherance of said charge, the owners of the Lot shall be liable for dues to the Association in such amounts as the Association deems adequate to comply with the requirements of Division VI of Chapter 23 of the Ames Municipal Code. 6. 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. 7. In case of violation of any of the covenants, any person then owning a Lot in said Subdivision, in any prior or future addition of Quarry Estates 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. 8. 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. 9. This instrument may be amended upon the recording of a written instrument executed by the owner of a Lot and the Developer. Any amendment to this instrument must be filed for record in the office of the Recorder of Story County, Iowa. Notwithstanding anything herein to the contrary, the restriction in Paragraph 3(g) herein shall not be amended without the prior written consent of the City of Ames, Iowa. 10. Except as expressly stated herein, the provisions of this instrument and any amendments hereto may be extended for an additional period beyond the initial twenty-one (21) year period upon the filing of a verified claim by the owner of a Lot or the Developer in the office of the Recorder of Story County, Iowa, within the initial twenty-one (21) year period. With respect to Paragraphs 3(g) and 5 herein, a verified claim to extend said use restrictions may be filed by the owner of a Lot, the Developer, the Association, or the City of Ames, Iowa. Dated at Ames, Iowa thisLr-df ay of June, 2018. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF RESTRICTIVE COVENANTS AND REGULATIONS FOR QUARRY ESTATES SUBDIVISION THIRD ADDITION, AMES, STORY COUNTY,IOWA THE QUARRY ESTATES,L.L.C. By= )ZI urt W. Friedrich, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this c +— day of June, 2018, by Kurt W. Friedrich, as a Manager of The Quarry Estates, L.L.C. I("- 0�hlzdzj Not Public 1Y and for the State of Iowa My commission expires os�au`s NANCY BAERENWALD _ COMMISSION NO 7 t'n'CO 66680 io W� Q9MlSS/ON EXPIRES S -emu