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HomeMy WebLinkAboutA008 - Restrictive Covenants for Hayden's Ridge - Townhome Community dated June 8, 2022, Instrument No. 2022-07592 Instr. Number: 2022-07592 Recorded: 7/29/2022 at 10:44:24.0 AM County Recording Fee: $22.00 Iowa E-Filing Fee: $3.41 Combined Fee: $25.41 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 161 St. Ames IA 50010 515 288-2500 RETURN TO: Brian D.Torresi 120 S 16'St.,Ames 1A 50010 RESTRICTIVE COVENANTS AND REGULATIONS FOR HAYDEN'S RIDGE—TOWNHOME COMMUNITY, AMES,STORY COUNTY,IOWA WHEREAS,the undersigned is the owner of Lots One(1)through Forty-four(44) (each, a "Lot" or collectively, the "Lots") contained in Hayden's Ridge — Townhome Community, Ames, Story County, Iowa(the"Subdivision"); and WHEREAS,the Lots shall be developed as townhome 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: 1. All owners of Lots shall be members of the Hayden's Ridge Townhome 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 Lots 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 574 Investments, 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 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 townhomes have been constructed on all of the Lots within the Subdivision, the requirements imposed by this paragraph shall terminate. 3. 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. 4. 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. 5. 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. 6. Except as expressly provided otherwise herein, 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 6, 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. Notwithstanding, unless and until all Lots within the Subdivision are sold to third-parties (such that the Developer does not own any Lot within the Subdivision), the Developer may, at the sole and absolute discretion of the Developer, amend any provision of this instrument, without notice, and without the need for any consent from any other party, except as otherwise may be required by the City of Ames, Iowa with respect to any Conservation Easement (as that term is defined herein). 7. 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 the Lots 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 7, each Lot shall be deemed to have one (1) owner, all as provided in the preceding paragraph. 8. For purposes of this Paragraph 8 the term "Common Elements" shall mean a wall in common or "party wall" as referenced in Section 29.410 of the Ames Municipal Code and Chapter 563 of the Iowa Code and that portion of the roof lying immediately above a wall in common. Each Lot owner shall keep his or her portion of the Common Elements in good repair so as not to cause damage to the adjoining Lot owner's portion of the Common Elements and each Lot owner shall share equally in the cost of maintaining, repairing, or replacing any Common Elements located between said Lot owner's Lot and any other Lot. Any and all repairs to or replacements of the Common Elements shall be performed with the same or similar materials as existed within or upon the Common Elements at the time the need for repair or replacement arose. Additionally, each Lot owner hereby grants to the owner of an adjoining Lot on which Common Elements are located between them, an easement over, upon, across, and under that portion of the Lot on which the Comment Elements are constructed. 9. For purposes of this Paragraph 9 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 Lots 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 a Lot identified as being encumbered by a Conservation Easement is prohibited except with the prior consent of the City of Ames, Iowa. (SIGNATURE PAGE FOLLO WS) SIGNATURE PAGE OF RESTRICTIVE COVENANTS AND REGULATIONS FOR HAYDEN'S RIDGE—TOWNHOME COMMUNITY, AMES, STORY COUNTY,IOWA 574 INVESTMENTS,LLC By: ?", K rt W. Friedrich, Manag r By: Luca Jensen, Manager STATE OF IOWA, STORY COUNTY, SS: p This record was acknowledged before me on this q day of June, 2022, by Kurt W. Friedrich and Lucas Jensen, as the Managers of 574 Investments, LLC. Notary Public in and for the State of Iowa My commission expires fiIA< ERIC R BRUMM o s� Commission Number 791609 ° ; My Commission Expires IMP. August 17,2024