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HomeMy WebLinkAboutA001 - Recorded Documents, Instrument No. 2021-13337 Filed By/Return To:ATS of Story County 212 SE,16th Street,Ames,IA 50010 File No.CIOWf CU FINAL PLAT SUNSET RIDGE SUBDIVISION, ELEVENTH ADDITION CITY OF AMES,STORY COUNTY,IOWA �NgTaN N—PX61K a.xaw)ax gaN N w11NP.1LIN --- wtlmea .taN°FLnE LOMC E N.a'ai HRa32N0E a' tl • • N IvrLmv ; $ LOT 8 $ LOT 5 9 LOT 4 LOB 3 $ LOB 2 L07 1 g T `sE,pouf saB*gosE '"``'s'v sue` S I gxsnmcaEs .°BOxz° s °ROxzRu00.RaEs gxx ACRES a.xx ACREe gu ncRFs 9 suN „"s q, , °wortro++ °whom°" saga�0^'°" "s 's cRa- � I I § )ear ear ♦ __ • - • • i ,RP.aa LOTA )i )wis ' R 8 VYESTFIELD DRIVE(NJ I tat•.uf u.ea' _. _ -- T—T ___� r I LOT 7 1 I o.u1.1 aLF ®� -LZT.30 ( g saS°"sus"o`rv"Isly" LOT 31 R LOT 32 n;°.,',to �"'sv wvp ,eE,wNEe,u➢ iI I I axt AraEs g on ARes utnmxwonwn , a10"gxa,szsF Rvem s.. eLOT I g l L°O°0°Ac Fag I I I I o 1.A— 18 7 I w I b .aiHm D tl i Rruw, I i® a)°ozsTT2.8F a , F w n OUT.Lws U w e z a _ m o I 16 oI I I � s v,7 I exs EusTCN AVEN°E — _. _ — -- • a z I Nec•n'uw,mg I OUvTLOTTPW ©g s 'c,amaE w nuxaKl�;a�"�X1 I I a.tuPE°usE, n'U'n, L0711 • LOT 27F q ..tcAc"sa O�2 9 IQ anACREs I R wmex s.F. wsaae s,. 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Recording Fee: 112 00 5.w1loth hewn 10'wide Pubk U01"y Ee.emm,along qe abort N bb end N 5'wim Public lMlay Stacie Herridge ecorder, Story County Iowa E.�m.inb" .,.,°ae>°w mill h���� f,6r:1 WhII��ti� M l4rhir Ip ;w°minlOmNLLC o. ,� a wa �9NA �i NNg dxumml.m LprPedpwN by me>u.dv my.rae Pn.eeM f� FINAL PLAT .P".°a d"ba:11 . dPa. a a wd. a.elw.at..e ae �E. engineering SUNSET RIDGE SUBDIVISION, ELEVENTH ADDITION PwE 9.,amwx.,io. ASUBDI SION OFOUTLOTSTAND-LIN SUNSETRIDGETENTNADDRION, wl • z0 P1)(R1 ` Anw,Iw SOOtO r e CITY OF AMES,STORY COUNTY,IOWA 0.aRAO aRRaag.Hs oA,E e$ At FAa.tsSab, o0 105.5345-20B DATE:5/06/21 PAGE 1 OF 1 r e INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkw .,Ames,IA 50010 515 288-2500 RETURN To: I Brian D. Toiresi,2605 Northridge Pkwy.,Ames,IA 50010 N 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 T and Outlot LL, Sunset Ridge Subdivision Tenth Addition, Ames, Story County, Iowa (the "Real Estate"). The undersigned does hereby certify,acknowledge, and declare that the platting of the Real Estate to be known as SUNSET RIDGE SUBDIVISION ELEVENTH 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', Public Street (Allerton Drive, Fremont Avenue, and Westfield Drive), as shown on said plat to the City of Ames, Iowa, and the perpetual use of the public. Dated this s�day of September, 2021. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF CONSENT AND DEDICATION HUNZIKER DEVELOPMENT GROUP, LLC By: Fll�z�- ' ustin R.'Dodgelymanager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this_l _day of September,2021,by Justin R. Dodge, as a Manager of Hunziker Development Group, LLC. Notary Public in and for the State of Iowa My commission expires C INSTRUMENT PREPARED BY: I 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 f/k/a Ames Community Bank (the "Mortgagee") is the present owner of that certain Open-End Real Estate Mortgage given by Hunziker Land Development Company, L.L.C. dated November 29, 2011, and filed in the office of the Recorder of Story County, Iowa, on December 2, 2011, as Instrument No. 11-12128, and therefore, Mortgagee has an interest in the real property legally described as follows(the"Real Property"): Outlot T and Outlot LL, Sunset Ridge Subdivision Tenth Addition, Ames, Story County, Iowa WHEREAS, the Mortgagee has been requested to consent to the platting of the Real Property to be known as SUNSET RIDGE SUBDIVISION ELEVENTH 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 the Real Property to be known as SUNSET RIDGE SUBDIVISION ELEVENTH 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, Sunset Ridge Subdivision Eleventh 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. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf !, on this 11 day of September, 2021. (SIGNATURE PAGE FOLLOWS) s 1 SIGNATURE PAGE OF MORTGAGEE'S CONSENT TO PLATTING AND PARTIAL RELEASE OF MORTGAGE VISIONBANK OF IOWA By: - Bp STATE OF IOWA,COUNTY OF STORY, SS: Thies,record was acknowledged before me on this day of September, 2021, by /jlv�b,o.., and /� �, the VL'. s, .L� and respectively,of VisionlYankof Iowa. Nota ublic, tate of Iowa JOHN J.CODER My commission expires It 9 Commission Number n4248 My Commission Expifw November 9,20,-,L_ 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 T and Outlot LL, Sunset Ridge Subdivision Tenth Addition, Ames, Story County, Iowa (the "Real Estate") from the root of the title thereof, down to and including the 29th day of July, 2021, at 8:00 a.m.,last certified by Abstract and Title Services of Story County,Ames,Iowa(Iowa Title Guaranty Division Member #8650). The Real Estate has now been subdivided and is now known as SUNSET RIDGE SUBDIVISION ELEVENTH 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$4,000,000.00 given to Ames Community Bank, dated November 29, 2011, and filed in the office of the Recorder of Story County,Iowa,on December 2,2011,as Instrument No. 11-12128;and 2. That certain Agreement Pertaining to the Subdivision Platting and Development of Land in the City of Ames Called Sunset Ridge Subdivision(the"Agreement")dated June 14, 2005,and filed in the office of the Recorder of Story County,Iowa,on October 10,2005, as Instrument No. 05-12720, as the Agreement was supplemented by that certain Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated April 27, M ' 2010, and filed in the office of the Recorder of Story County, Iowa, on May 4, 2010, as Instrument No. 10-03916, and as the Agreement was further supplemented by that certain Second Supplemental Agreement Pertaining to the Sunset Ridge Subdivision dated October 23,2012,and filed in the office of the Recorder of Story County,Iowa,on February 20, 2013, as Instrument No. 13-01932. Dated this It-day of September, 2021. DENTONS DAVIS BROWN By. Brian D. Torresi, Attorney Iowa Title Guaranty Member No. 10046 i INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pk .,Ames,IA 50010 515 288-2500 RETURN To. Brian D.Torresi,2605 Northridge Pk .,Ames,IA 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 SUNSET RIDGE SUBDIVISION ELEVENTH ADDITION, AMES, STORY COUNTY, IOWA, is free from certified taxes and certified special assessments. Dated this day of September, 2021. TED RASNIUSSON TREASURER, STORY COUNTY, IOWA Parcel Nos. 09-06-301-001 (Outlot LL, 10th Addition) 09-06-303-001 (Outlot T, 10th Addition) F 3.� t LUCY MARTIN Story County Auditor and County Commissioner of Elections IOWA•1853 Office of the Auditor Approval of Subdivision Plat Name by Story County Auditor Date /0, 1 q.,� The Story County Auditor's Office has reviewed the final plat of: 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 i County Auditor of Story County, Iowa I'J (SEAL) 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 71 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 CITY OF AMES,IOWA RESOLUTION NUMBER 21-538 ACCEPTING PLAT OF SUNSET RIDGE SUBDIVISION ELEVENTH 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 T and Outlot LL, Sunset Ridge Subdivision Tenth Addition, Ames, Story County, Iowa to be known as SUNSET RIDGE SUBDIVISION ELEVENTH 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 of Ames,Iowa, � r that the plat of SUNSET RIDGE SUBDIVISION ELEVENTH ADDITION, AMES, STORY COUNTY, IOWA,be and it is hereby accepted and approved, and BE IT FURTHER RESOLVED that the dedication of Lot `A', Public Street (Allerton Drive,Fremont Avenue, and Westfield Drive), 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 12th day of October , 2021. CITY OF AMES, IOWA By tl W f Y ',• f d y T k, r JOHPTrAILA, Mayor adx)F ' a By� ICI .�V-icy DIANE VOSS, City Clerk Moved by:, ' Betcher Seconded By: Corrieri Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting Nay: None Absent: None Mayor John Haila declared Resolution Number 21-538 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 21-538 _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 2 t meeting thereof on the_12th day of Or rnher 12021. JOH AILA, Mayor DIANE VOSS, City Clerk 3 � w 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 21-538a ACCEPTING PUBLIC IMPROVEMENTS AND BOND ON SUNSET RIDGE SUBDIVISION ELEVENTH 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 SUNSET RIDGE SUBDIVISION ELEVENTH 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, water main, storm sewer, drains, hydrants, pavement, pedestrian ramps, manhole adjustments, and street lights. The Agreement for Public Improvements secured by a letter of credit in the amount of SEVEN HUNDRED SEVENTY-FOUR THOUSAND EIGHT HUNDRED SEVENTY-FOUR DOLLARS and 25/100($774,874.25)is hereby authorized with respect to the balance of the public improvements required for approval of the final plat of the aforementioned subdivision. Dated this 12 day of October , 2021. CITY OF AMES, IOWA By JOHN HAILA, Mayor DIANE VOSS, City Clerk Moved by: Betcher Seconded By: Corrieri Voting Aye: Beatty--Hansen, Betcher', Corrieri, Gartin, Junck, Martin Voting Nay: None Absent: None Mayor John Haila declared Resolution Number 21-538a adopted. We, John Haila and Diane Voss, being the duly elected and appointed Mayor and City Clerk,respectively,of the City of Ames, Iowa, do hereby certify that the above and foregoing Resolution Number 9 1-S�,qa is a true and accurate copy of said Resolution;that said Resolution was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting thereof on the 12 day of October , 2021. WA JO , Ma o DIANE VOSS, City Clerk a +` o� U$ �sy o � o � �rA'J a� z �N W CJ L4 INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkw .,Ames, IA 50010 515 288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkw .,Ames,IA 50010 771 RESTRICTIVE COVENANTS AND REGULATIONS FOR SUNSET RIDGE SUBDIVISION ELEVENTH ADDITION, AMES, STORY COUNTY,IOWA WHEREAS, the undersigned, Hunziker Development Group, LLC, an Iowa limited liability company ("Developer'), is the owner of Lots One (1) through Thirty-two (32) (each, a "Lot"or collectively,the"Lots")contained in Sunset Ridge Subdivision Eleventh Addition,Ames, Story County, Iowa(the "Subdivision"); and WHEREAS, all Lots will 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 agreements contained herein, by these presents, covenant, bargain and agree for themselves for their successors and assigns, as follows: l. 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 Lot owners (an "Owner" or collectively, the "Owners") shall be members of the Sunset Ridge Property Owners Association (the "Association"). The Association shall be governed by Bylaws of the Association as filed in the office of the Recorder of Story County, Iowa, on August 25, 2008, as Instrument No. 08- 09616, and other organizational documents of the Association, as amended. Additionally, each Lot shall be subject to the terms and conditions of that certain Declaration of Covenants and Conditions Sunset Ridge Subdivision, Ames, Story County, Iowa (the "Declaration"), dated June 15, 2005, and filed in the office of the Recorder of Story County,Iowa,on June 20,2005,as Instrument No. 05-07113, as said Declaration may be supplemented and/or amended from time to time. 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 on the Lots shall have a ground floor finished area of not less than one thousand two hundred (1,200) square feet. b. One and one-half(I V2) story residences, split-level residences, or two (2) story residences on the Lots shall have a total finished area on the ground floor and second floor of not less than one thousand four hundred (1,400) 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 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 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 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 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. 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. All Lots may have fences in the rear yard only. Chain link fences shall be permitted; however, no galvanized finish shall be permitted. 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 may be obtained from the Developer during construction. Y g p 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 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; however,Lots may have dog runs, tool sheds, or other outside structures of no more than one hundred (100) square feet total floor area for nonresidential use. The exterior of any tool shed or other outside structure must match the exterior finish of the main structure on the Lot. 1. No tent, trailer, recreational vehicle, camper, boat, truck rated larger than three quarters (1/4) of a ton, or other movable or temporary structure, 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. in. 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 dishes or parabolic devices 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. 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, or kept in a dog run or on a leash at all times. q. Following construction of the residential dwelling on any Lot, the entire yard shall be timely 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 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 Developer shall plant the necessary trees to comply with the City of Ames, Iowa, 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 of Ames, Iowa. r. Where the City of Ames, Iowa, 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. 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, and may be accented with standing seam metal. 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. 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. X. 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. 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 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. 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 of a verified claim by the Owner of a Lot within the Subdivision in the office of the Recorder of Story County, Iowa,within the initial twenty-one(21)year period. For the purposes of this Paragraph 11,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. Dated at Ames, Iowa this I s day of September, 2021. HUNZIKER DEVELOPMENT GROUP, LLC By: Justin R. Dod e, Manager By: (Ilu lojxt/-_ Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this I day of September, 2021, by Justin R. Dodge and Charles E. Winkleblack, as Managers of Hunziker Develop en Group, LLC. Notary Public in and for the State of Iowa My commission expires p9—?D-W 4�Convnbs on�Nurt*w IN =