HomeMy WebLinkAboutA003 - Restrictive Covenants and Regulations, Instrument No. 2022-01301 v oLA � Instrument 0: 2022-01301
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02/10/2022 02:31 :28 PM Total Pages: 6
COV COVENANTS
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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
AUBURN TRAIL SUBDIVISION FIRST ADDITION,
AMES, STORY COUNTY,IOWA
WHEREAS, the undersigned are the owners of Parcel A (the "Lot") contained in Auburn
Trial Subdivision First 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 owners desire 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. The Lot shall be known and described as a residential lot and shall not be improved,
used, or occupied for other than private single-family residential purposes.
2. The owners of the Lot shall be members of Auburn Trail Homeowner's 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.
3. The Lot shall be subdivided for the purpose of constructing more than one (1)
residence; however, parts of the Lot may be conveyed to adjoining landowners for
any other purpose.
4. No building, fence, wall or other structure shall be commenced, erected or maintained
on the 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 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 the Lot, the requirements imposed by this
paragraph shall terminate.
5. The following restrictions shall also constitute covenants:
a. There shall be no mobile homes placed or erected on the Lot.
b. No pre-erected dwelling shall be moved to the Lot.
C. All dwellings must have, at a minimum, a double attached garage or double
detached 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. Exposed foundations must be
painted to blend with exterior wall finishes.
C. All building structures or improvements of any kind must be completed
within twelve (12) months of the commencement date of the construction.
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 RESIDENCE, THIS RIGHT TO
REPURCHASE SHALL TERMINATE AS TO THAT LOT.
f. All finished Lot and house grades shall conform to the Developer's grading
plan which may be obtained from the Developer during construction.
g. 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.
h. 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 the Lot, either temporarily or permanently. No tool sheds, utility
buildings or playhouses shall be placed on the Lot.
i. No tent, trailer, recreational vehicle, camper, boat, truck rated larger than
three quarters (3/4) of a ton, or other movable or temporary structure, shall be
maintained or parked on the 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.
j. 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.
k. No extension towers or antennas of any kind shall be constructed, modified,
or permitted on the 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.
1. No noxious or offensive activities or odors shall be permitted on or to escape
from the Lot, nor shall anything be done on the Lot which is or may become
an annoyance or nuisance, either temporarily or permanently.
M. No animals, livestock, or poultry of any kind shall be raised, bred or kept on
the 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.
n. Following construction of the residential dwelling on the 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.
o. 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.
P. 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.
q. 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.
r. The Lot owner shall keep the Lot free of weeds and debris and shall take all
necessary steps to control erosion from the Lot. The Lot owner 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.
S. 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.
t. Any construction or earth moving on the Lot shall be in compliance with all
laws relating to storm water discharge permitting. The owner of the 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 Lot 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.
U. The use or application of any fertilizer or lawn additive that contains
phosphates is prohibited on the Lot.
6. For purposes of this Paragraph 6 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. The 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 lots 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.
The erection or placement of any building or other structure or improvement,
including, but not limited to, a retaining wall or fence, or any trees, shrubs, or other
landscape plantings other than grass or comparable ground cover within any area of
the Lot identified as being encumbered by a Conservation Easement is prohibited
except with the prior consent of the City of Ames, Iowa.
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 the Lot or any
other lots within 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 and is entitled to attorneys' fees and costs related
thereto.
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 all land areas 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 and outlot shall be deemed to have one (1) owner, and each said owner shall be
entitled to one (1) vote for each Lot and/or outlot owned. Notwithstanding anything
herein to the contrary, the restriction in Paragraph 9(x) herein shall not be amended
without the prior written consent of the City of Ames, Iowa.
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 by the owners of
seventy-five percent (75%) of all land areas 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 11, each Lot and
outlot shall be deemed to have one (1) owner, all as provided in the preceding
paragraph. With respect to Paragraphs 5(u) and 6 herein, a verified claim to extend
said use restrictions may be filed by the owner of any land area within the
Subdivision, the Developer, the Association, or the City of Ames, Iowa.
Dated at Ames, Iowa this ZeLday of December, 2021.
ERBEN HUNZIKER AND MARGARET
HUNZIKER APARTMENTS,L.L.C.
By:
De n E. Hunziker,Qanager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this Co day of December, 2021, by Dean E.,
Hunziker, as a Manager of Erben Hunziker and Margaret Hunziker Apartments, L.L.
�.� MARCIA KRAUSE
c��^Nu'bw 00� N tarryPublic in and for the State of Io a
My commission expires
HUNZIKER DEVELOPMENT GROUP,LLC
By:
Jus m R. Do d e, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this day of December, 2021, by Justin R.
Dodge, as a Manager of Hunziker Development Group, LLC.
—M
MAMA�. KRAUSE NotaryPublic in and for the State of Iowa
conwr M m NumbK W3020
M commission expires
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