HomeMy WebLinkAboutA003 - Recorded Documents, Insrument No. 2021-10700 s!►/S@ftm'!be ATS of"County
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INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: I Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010
CONSENT AND DEDICATION
KNOW ALL PERSONS BY THESE PRESENTS:
That HUNZIKER DEVELOPMENT GROUP,LLC, does hereby covenant that it is the
lawful owner of the following-described real estate situated in Story County, Iowa, to-wit:
Outlot Z, Scenic Valley Subdivision Fifth Addition, Ames, Story County, Iowa
The undersigned does hereby certify,acknowledge and declare that the platting of said real
estate to be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION,AMES,STORY
COUNTY,IOWA,is with its free consent and in accordance with its desires as proprietor,and does
further hereby dedicate and set apart Lot A,Lot B,and Lot C,Public Street,as shown on said plat to
the City of Ames, Iowa, and the perpetual use of the public.
Dated this d/ ay of June, 2021.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
CONSENT AND DEDICATION
HUNZIKER DEVELOPMENT GROUP, LLC
By.
Justin R. Dod , Manager
By: Ou (� � hAd
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this June,2021,by Justin R.Dodge
and Charles E. Winkleblack, as the Managers of Hunziker Development Gr""p, LLC.
a s� JENNIFER KAPAUN Notary kublic iri` nd Or the State of Iowa
r Commission Number 783061
My Comm ion it My commisslpp expires
6WM
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkw .,Ames,IA 50010 515 288-2500
MORTGAGEE'S CONSENT TO PLATTING
AND PARTIAL RELEASE OF MORTGAGE
WHEREAS,VisionBank of Iowa(the "Mortgagee")is the present owner of that certain mortgage
given by Hunziker Development Company, LLC, dated May 11, 2018, and filed in the office of the
Recorder of Story County, Iowa, on June 8, 2018, as Instrument No. 18-04938, and therefore, Mortgagee
has an interest in the real property described as follows (the"Real Property"):
Outlot Z, Scenic Valley Subdivision Fifth Addition, Ames, Story County,
Iowa
WHEREAS, the Mortgagee has been requested to consent to the platting of said Real Property to
be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES, STORY COUNTY,
IOWA, and to release the lien of said Mortgage as to certain real property being dedicated to the City of
Ames, Iowa for use as a public street,and deems it advisable to do so;
NOW,THEREFORE, for good and valuable consideration:
1. CONSENT. The Mortgagee agrees and consents to the platting of said real property
described herein to be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES,
STORY COUNTY,IOWA.
2. RELEASE. The Mortgagee does hereby release the lien of the Mortgage as to the real
property legally described as follows:
Lot A,Lot B,and Lot C, Scenic Valley Subdivision Sixth Addition,Ames, Story County,
Iowa
(the "Released Property"), and this instrument constitutes a release of the lien of the Mortgage only as to
the Released Property and shall in no way affect the lien of the Mortgage as to the remaining portion of
the Real Property, said lien remaining in full force and effect.
ITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf
on this day of June,2021.
VISIONBANK OF IOWA
Byer
I/P
y
/A Tf o ,'fiAA t s,
STATE OF IOWA,COUNTY OF STORY, SS:
This record was acknowledged before me on this day of une 2021, by
and _7�M 7jo&Q , the {,ir:e ;mvej/ and
,respectively,of VisionB nk of Iowa.
'V1)1U4&,M4d
of ry Publit, State of Iowa
,t0'AL m� JENNIFER L CONRAD My commission expires S
Commission Number 821072
My Commission Expliros
°M1 , November 5, 20
INSTRUMENT PREPARED BY: I Brian D.Torresi 2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500 71
LIENHOLDER'S CONSENT TO PLATTING
AND PARTIAL RELEASE OF LIEN
WHEREAS, Xenia Rural Water District (the "Lienholder") is the present owner and holder of
certain lien rights given by a predecessor in title to Hunziker Development Group, LLC,pursuant to that
certain Agreement Pertaining to the Release of Service Territory Rights and Covenant for Assessment
dated January 17, 2014, and filed in the office of the Recorder of Story County, Iowa, on January 29,
2014, as Instrument No. 2014-00000791 (the "Agreement"), and therefore, Lienholder has an interest in
the real property described as follows(the"Real Property'):
Outlot Z, Scenic Valley Subdivision Fifth Addition,Ames,Story County,Iowa
WHEREAS,the Lienholder has been requested to consent to the platting of said Real Property to
be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES, STORY COUNTY,
IOWA, and to release the lien of the Agreement as to certain real property being dedicated to the City of
Ames,Iowa for use as a public street,and deems it advisable to do so;
NOW,THEREFORE,for good and valuable consideration:
1. CONSENT. The Lienholder agrees and consents to the platting of said real property
described herein to be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES,
STORY COUNTY,IOWA.
2. RELEASE. The Lienholder does hereby release the lien of the Agreement as to the real
property legally described as follows:
Lot A, Lot B,and Lot C, Scenic Valley Subdivision Sixth Addition,Ames, Story County,
Iowa
(the"Released Property"), and this instrument constitutes a release of the lien of the Agreement only as to
the Released Property and shall in no way affect the lien of the Agreement as to the remaining portion of
the Real Property,said lien remaining in full force and effect.
IN WITNESS WHEREOF, the Lienholder has caused this instrument to be executed on its behalf
on this Iq day of June,2021.
XENIA RURAL WATER DISTRICT
By: lr�----
Z CEO/General Manager
Attest: �
yr 16en ,Office Manager
STATE OF IOWA, COUNTY, SS:
This record was acknowledged before me on this Iq. day of June, 2021, by ac•.'a .i4.
and C~ III. , as the CEO/General Manager and the Office Manager, respecti ely,b Xenia
Rural Wat r District.
Notary I' lic, Sta e of Iowa
gPP1A S� JUSTIN ROBERT DODGE My commission expires .idswj /I Zav
Commission Number 792016
MY Commission Expires
'0W" September 11, 2021
s ?�
ATTORNEY'S OPINION
I, Brian D. Torresi,hereby state that I am an Attorney at Law,duly admitted to the practice
of law in the State of Iowa,and an attorney at Dentons Davis Brown with offices at 2605 Northridge
Parkway,Ames, Story County,Iowa. I further state that I have examined the Abstract of Title to the
following-described real estate, to-wit:
Outlot Z, Scenic Valley Subdivision Fifth Addition, Ames, Story County, Iowa
(the "Real Estate") from the root of the title thereof, down to and including the 9th day of June,
2021, at 8:00 a.m., last certified by Abstract & Title Services - Story County, Ames, Iowa (Iowa
Title Guaranty Division Member #8650). The Real Estate has now been subdivided and is now
known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION,AMES,STORY COUNTY,
IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the Real Estate is vested in Hunziker Development Group,LLC. The Real Estate is subject to
easements of record and to zoning ordinances of the City of Ames, Iowa, as well as the following:
1. That certain Open-End Real Estate Mortgage in the amount of$1,335,000.00 given to
VisionBank of Iowa,dated May 11,2018,and filed in the office of the Recorder of Story
County, Iowa, on June 8, 2018, as Instrument No. 18-04938; and
2. That certain Agreement Pertaining to the Release of Service Territory Rights and
Covenant for Assessment given to Xenia Rural Water District dated January 17, 2014,
g rY
and filed in the office of the Recorder of Story County, Iowa, on January 29, 2014, as
Instrument No. 14-00791, as supplemented by that certain Supplement to Release of
Service Territory Rights Agreement dated May 2, 2014, and filed in the office of the
Recorder of Story County, Iowa, on August 14, 2015, as Instrument No. 15-07891.
Dated this 14th day of June, 2021.
DENTONS DAVIS BROWN
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN To: Brian D. Toiresi,2605 Northridge Pkw .,Ames,1A 50010
CERTIFICATE OF THE TREASURER OF STORY COUNTY, IOWA
I, Ted Rasmusson, Treasurer of Story County, Iowa, certify that the records in this
office show that the real estate described in the attached plat and known as SCENIC VALLEY
SUBDIVISION SIXTH ADDITION,AMES,STORY COUNTY,IOWA,is free from certified
taxes and certified special assessments.
4Y r4
Dated this ay of , 2021.
TED RASMUSSON
TREASURFR, ST01RY COUNTY, I WA
Parcel No.
we S�`ol(i! ���• �r r�'i�
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u�
9a
LUCY MARTIN
Story County Auditor
and
Coun ty Commissioner of Elections
IOWA•1853
Office of the Auditor
Approval of Subdivision Plat Name by Story County Auditor
Date ' t 112120
The Story County Auditor's Office has reviewed the final plat of:
vC.E b\�C-
Pursuant to Iowa Code §354.6(2) and §354.11(5), we approve of the subdivision name or title
and have no objections to this subdivision plat being recorded.
Signed -�
e?" County A itor of Story County, Iowa
� Y� {.X4 4 ipp Ev� Wa
Cti !q r Y
4.-
r 9�A . ",lr
Story County Administration, 900 Sixth Street, Nevada, Iowa 50201-2087
515-382-7210 Fax 515-382-7221
Assistant Auditor: Lisa M. Markley
Deputies: Kevin C. Norris • Rhonda S. Sykes
www.storycountyiowa.gov/auditor
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
CITY OF AMES,IOWA
RESOLUTION NUMBER ?1_421
ACCEPTING PLAT OF SCENIC VALLEY SUBDIVISION
SIXTH ADDITION,
AMES,STORY COUNTY,IOWA
WHEREAS,there has been submitted to the City Council of the City of Ames,Iowa,a plat of
real estate described as:
Outlot Z, Scenic Valley Subdivision Fifth Addition, Ames, Story County, Iowa
to be known as SCENIC VALLEY SUBDIVISION SIXTH ADDITION,AMES,STORY COUNTY,
IOWA, and
WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa, has
recommended that the plat be approved, and
WHEREAS,the owner of said real estate,Hunziker Development Group,LLC,has executed a
written Consent and Dedication declaring that the platting is with its free consent and is in accordance
with its desires as proprietor, and
WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa, that the plat
should be accepted and approved
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City ofAmes,Iowa,that
the plat of SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES, STORY COUNTY,
IOWA, be and it is hereby accepted and approved, and
r
BE IT FURTHER RESOLVED that the dedication of Lot A, Lot B, and Lot C, Public Street,
for public street services be and the same is hereby accepted for and on behalf of the City of Ames,Iowa,
and that all of the acts of Hunziker Development Group,LLC are hereby confirmed and approved by the
_City Council of the City of Ames, Iowa, on this 2_day of .1111 y 52021.
,F CITY OF AMES, IOWA
pp
By
JOHN AILA, Mayor
DIANE VOSS, City Clerk
Moved by: Gorrieri
Seconded By: Betcher
Voting Aye: Betcher, Corrieri, Gartin, Junck, Martin
Voting Nay: None
Absent: Beatty-Hansen
Mayor John Haila declared Resolution Number 21-421 adopted.
We, John Haila and Diane Voss,being the duly elected and appointed Mayor and City
Clerk,respectively,of the City of Ames,Iowa,do hereby certify that the above and foregoing Resolution
Number 1-421 is a true and accurate copy of said Resolution;that said Resolution was duly passed
and adopted by the City Council of the City of Ames,Iowa, at a duly convened meeting thereof on the
27 day of T„T y, , 2021.
JOHN AILA, Mayor
�.h n m• �,A.v�., 2
DIANE VOSS, City Clerk
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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
CITY OF AMES, IOWA
RESOLUTION NUMBER 21-420
ACCEPTING PUBLIC IMPROVEMENTS AND BOND ON
SCENIC VALLEY SUBDIVISION SIXTH ADDITION,
AMES,STORY COUNTY,IOWA
Be it resolved by the City Council for the City of Ames, Iowa, in accordance with the
Certificate of the Municipal Engineer,the following public improvements required for approval of
the final plat of SCENIC VALLEY SUBDIVISION SIXTH ADDITION, AMES, STORY
COUNTY, IOWA have been satisfactorily completed in accordance with approved construction
plans and the City Council accepts them as satisfactory and complete:erosion control(COSESCO),
subgrade preparation, sanitary sewer, storm sewer, water main, street lights, street trees,manhole
adjustments,pavement, sidewalks, curb, and gutter.
The Agreement for Public Improvements secured by a letter of credit in the amount of FIVE
HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED FIFTY-THREE DOLLARS and
00/100 ($523,253.00)is hereby authorized with respect to the balance of the public improvements
required for approval of the final plat of the aforementioned subdivision.
Dated this 2`Z day of T111 V , 2021.
r
r '
CITY OF AMES, IOWA
BY
JOHR AILA, Mayor
B
DUNE VOSS, City Clerk
Moved by: Corrieri
Seconded By: Betcher
Voting Aye: Betcher, Corrieri, Gartin, Junck, Martin
Voting Nay: None
Absent: Beatty-Hansen
Mayor John Haila declared Resolution NUarrlr ber 21-420 adopted.
We, John Haila and Diane Voss, being the duly elected and appointed Mayor and
City Clerk,respectively,of the City of Ames, Iowa,do hereby certify that the above and foregoing
Resolution Number 2121�is a true and accurate copy of said Resolution;that said Resolution
was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened
meeting thereof on the 27 day of jill 92021.
# f JOHN HAILA, Mayor
} r g
� DIANE VOSS City Clerk
3
INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515 288-2500
RETURN TO: I Brian D. Torresi,2605 Northridge Pkwy.,Ames,IA 50010
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SCENIC VALLEY SUBDIVISION SIXTH ADDITION,
AMES, STORY COUNTY,IOWA
WHEREAS, the undersigned is the owner of Lots One (1) through Nineteen (19) (each,
a "Lot" or collectively, the "Lots") contained in Scenic Valley Subdivision Sixth Addition,
Ames, Story County, Iowa(the "Subdivision"); and
WHEREAS, the Lots shall be developed as single-family residential lots; and
WHEREAS, all of the Lots will be developed and governed by and in accordance with
these restrictive covenants and regulations; and
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
p
agreements contained herein, by these presents, covenant, bargain and agree for themselves for
their successors and assigns, as follows:
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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 the Scenic Valley Property Owners
Association, Inc. (the "General Association"). The General 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 four hundred (1,400) square feet.
b. One and one-half (1%2) story residences, two (2) story residences, and
split-level residences shall have a total finished area on the ground floor
and second floor or split-level of not less than one thousand seven hundred
(1,700) square feet.
C. The computation of the total 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 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 Hunziker
Development Group, LLC (the "Developer"), or by an Architectural Committee
appointed by the Developer (the "Committee"). 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. Notwithstanding anything I
herein to the contrary, approval of any plans and specifications may be granted or
withheld in the sole and absolute discretion of the Developer or the Committee.
When dwellings have been constructed on all Lots within the Subdivision, the
requirements imposed by this paragraph shall terminate.
6. The followingrestrictions shall also constitute with respect to the Lots:
s a covenants w t
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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 on Lots must have, at a minimum, a double attached garage.
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.
e. The Lots may have fences, the style of which shall be brick, wood, vinyl,
or black chain link. Notwithstanding, alternative fencing materials may
be used if prior approval of such use is granted by the Developer or the
Committee.
f. 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 THE DEVELOPER'S REQUEST, AGREES TO
DEED THE PROPERTY 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. THE 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.
g. All homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three (3) new homes per year.
h. All finished Lots and house grades shall conform to the Developer's
grading plan which shall be obtained from the Developer at the closing of
the purchase of said Lots. Finished floor elevations must be submitted to
the Developer or the Committee for approval at the time of the submittal
of the plans and specifications for construction in accordance with
Paragraph 5.
i. 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.
j. No above ground or non-permanent swimming pool shall be permitted on
any Lot.
k. No building or structure of 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. Tool sheds,
utility buildings or play houses may be placed on any Lot; however, the
area of said auxiliary structures shall not exceed one hundred forty-four
(144) total square feet and said auxiliary structures shall be constructed
using materials that are the same or substantially similar in type and
quality to those materials used to construct the primary dwelling.
I. No recreational vehicle, camper, tent, boat, or truck rated larger than three
quarters (3/4) of a ton 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.
M. 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.
n. 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. Satellite
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dishes or parabolic devices in excess of thirty-six 36 inches in diameter
P rh' ( )
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 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.
p. 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 (which includes electric or invisible
fences), or kept in a dog run or on a leash at all times.
q. Following construction of the residential dwelling on any Lot, the front
yard and side yards shall be sodded. Twenty-five (25) 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. The requirement for sod
shall be waived where a permanent underground irrigation system is
installed on the Lot. In addition to seeding and sodding, the builder or Lot
owner shall expend a minimum of two thousand dollars ($2,000.00) for
landscaping. The Developer shall plant the necessary trees to comply with
the City of Ames, Iowa (the "City"), streetscape plan and the builder or
Lot owner shall pay the costs therefor. All street trees shall be planted
within twelve (12) months of the issuance of a certificate of occupancy by
the City.
r. Where the City requires the construction of public sidewalks, the
sidewalks shall be constructed within twelve (12) months following the
sale of any Lot from the Developer or at the time of occupancy of any
dwelling on a Lot, whichever occurs first.
S. All retaining walls shall be constructed of stone or masonry product.
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. Metal accents are permitted, but white
or white blend roof materials and solar panels are not permitted or
acceptable. Notwithstanding, alternative roofing materials may be used if
prior approval of such use is granted by the Developer or the Committee.
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. 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 ten (10) weeks
prior to an election, the day of the election, and must be removed within
two (2) weeks 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.
X. No motor vehicles shall be allowed on any Outlots. In the event of any
damage to land, vegetation, or improvements on an Outlot that is traceable
to a Lot, monetary damages shall be assessed against the Lot responsible
for such damage and said damage shall be treated as an assessment for any
and all applicable property owners associations to which the Lot is subject
for the purpose of placing a lien against the responsible Lot.
y. The topography of the Subdivision 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 and benefitted by such
easements as may exist from the flowage of surface water under the laws
of the State of Iowa, as may be in effect from time to time; and all Lot
owners shall have such rights and obligations with respect thereto as may
be provided by such laws.
Z. Any construction or earth moving on any Lot shall be in compliance with
all 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 any 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, 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 sold
waste from the Lot; and/or (2) any alleged violation of any NPDES or
storm water discharge rule or regulation.
aa. Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded final plat of the
Subdivision. The Lot owner and/or the occupant of an Lot shall,jointly
p Y J Y
and severally, be liable for any and all expenses related to the upkeep,
maintenance, and preservation of any part of a Lot where an easement is
located, and said Lot owner and/or occupant shall, at all times, keep said
easement area in good repair and condition and shall not interfere with or
obstruct the easement area in any manner except for reasonable and
customary ground cover. Any berm and/or swale constructed for drainage
purposes shall be preserved and maintained to accomplish the purposes for
which it was constructed.
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, the City, or any person then owning a
Lot in said Subdivision, 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.
10. 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 10, 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.
11. 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 a verified claim in the office of the Recorder of Story County, Iowa, within
the initial twenty-one (21)year period.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
RESTRICTIVE COVENANTS AND REGULATIONS FOR
SCENIC VALLEY SUBDIVISION SIXTH ADDITION,
AMES, STORY COUNTY, IOWA
HUNZIKER DEVELOPMENT GROUP,LLC
By:
n4 �� U-,u4,-
Charles E. Winkleblack, Manager
B(DjustiznR.
Do ge, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this day oak, 2021, by Charles E.
Winkleblack and Justin R. Dodge, as Managers of Hunziker Development Group, LLC.
Notary Public in and for the State of Iowa
My commission expires a
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