HomeMy WebLinkAboutA002 - Recorded Documents, Instrument No. 2022-11961 Instrument 0: 2022-11961
12/29/2022 03:17:53 PM Total Pages: 24
U$ SURV ecordingRVEYS Fee: AND PLA127T
R 00
R$
aad Stacie Herridge, ecorder, Story County Iowa
mill 174 px 11AMIM li" 111MR11 11111
H �
En ADA HAYDEN ROAD(661
N
LOT xA E LO`ri
cord �°s'LLG 1.,SE g 5�H Ppp\T10N� Lot x1 20 Lot 19 Lof 1B 'Cl 17 LpT 16
&u Y EST PEE TPS SFi�c tABtEF IIG ! LOT--.erg LLC tEFV G tp5tEF1V1LC GRN.LLC TEGRI� 11C LOT 15 Lpt 18 LpT6
QUPRR HOME HONES' St •�O^+ES.LL Np^IES. �NSt VGTID ODy VGS1oN. � G01 N.�0 �N ���N.LLG 20VLI
NW J.
COR.OUTLOT Z 2
SUM STHADONSin
N89'56'40'E 295.00' oyG 'STH P09(T10N 120,OD' S5 120.00' F
U
Asap g QUARRY
I I I
EI LOT 26 I LOT 1 In �_ _..__
DID ACRESI w I $ I 95110.005,F. p NECOR.OUTLOTZ 1 W
022 ACRES S 80 ESTATES z
N89'66' 312.00' NBB'S8' 30.91' N39'S821'E 85./7 SUBp STH AppN Uf
Uf
__-789�_-_ 65.3L-___ _--�5.]B'______--__S5.1�-_, 95.Ifl_-__ _-___ N-3490509.30 -_.__...... ..I
_--�8,�____ _-__��____ �� '
pti.F- ---- - - - S1rU-E. ---- ----- E-488439].7] �
g
SS9'5T11W 120.00, LU I' 1,189-SEI 120.00' H n
dI LOT 25 I 8 LOT 3 LOT 4 LOTS LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11
6880.OD S.F.
W 9360.00 S.F. 9360.00 S.F. 9360.00 S.F. 9360 00 S.F. 10244.40 S.F. 10221.60 S.F. �i' 10221.60 S.F. 10221-60 S F. 10215.43 S.F. y0t 9
0.20 ACRES i w Y I $ I LOT 2 I e 0.21 ACRES 021 ACRES c 021 ACRES c 0.21 ACRES 0.24 ACRES 023 ACRES 0.23 ACRES - 0.23 ACRES 023 ACRES HOU n
I I S I 10782.00 S.F. 8 s
lO 0.25 ACRES S 8 .1 2 21 11z
O I Z].50 I 27.50 I I
UU F Z
g s6s•sr11W 1zD.ao' 65 I I
o /'a Q�GJ IIul / I 0'PU. 11
L_-___-_-__-__J _ -_- oF-
36.1ya114.00 73.0 ]80' 78.00' 8.18'3200 - _ 85.76 85.18' 49.00'
S ~O�IQ-ry I LOT 24 U 5958 711.111.1.
E SBP9561.1XIFJ C
L ti
y 0 t]ACRES I N OFQ iv I O�SUBO FIFtH ADO1T10 _ NSWW4WE W-W - _.__ .__ XS
fn
yo' I y QUARRY ESTPTa PC0.E5 UJ
KETELSEN DRIV_(55') ~
( LOT A V)
� I ��� tylc• fi41]050 S.F. W i
O r 4 g7.y197. 1.47ACRES ]8.05' 85-00' 86.00 B5.00' IMI 25.01Y 83.00' 83.00 B3.00 B3.00' 11100' - _ -__-. _.. __1- -----�\
-----I---------------
_-_______ __________ __ ___ ---- ----------- ��__
I 2e SANITARY O\\ / 08 213 -----71 10'P.U.E. 2112 ----21g ----20----- ----®1 ---- _---®--10'P.U.E. 2002 _--- ----
r `BEWER EABEMpfF \
0,r EACN SIDE) \ C3 / 4.� 1
LOT 23 LOT 21 R LOT 20 LOT 19 LOT 18 R LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 m e� OWRY
w i1B29,e4 g.F. LOT 22 10164.47 S.F. 10200.01 S.F. 10200.07 S.F. :u 10200.01 SF. 10200.01 S.F. 9959.92 S.F. 9959.39 S.F. 9958.8]g.F. 995A 35 5 F 985I.82 S.F.
Y' 0.27 ACRES gg9g•gg g.F. 0.23 ACRES 0.23ACRES 023 ACRES !'r 0.23 ACRES « 0.13 ACRES !° 0.23 ACRES rm`+ 0.23 ACREg 023 ACRES 023,C�.E': v 0.23 ACRES fig¢
021ACRE5 $ s $ s QUARRY ESTATES SUBDIVISION,
in
a SIXTH ADDITION
S-Iy D..a ban:
A ilm slon of ONbt Z In Oua��ryry Estates SubdMsbn,FMh Additlon to the City o(Ames.
L__ ______ 6 P.U.E. 6 P.U.E. Story County,I-,comf fining 8.14 Bees.
Z,9.d9�--- -__- -___��_--_ ____��___- ____ -___ _---$i.Wf____ ___-S.6T____ ____.�.�____
589'S8'dOW 81321' S69'98'24W 415.00- Plat Notes:
1.Soil borings are requlrW in areas within bls WI which have been bonE6ed by the C ly
O36D8633S.FA 2.Ou tAwtllbsn,mdbythomhomeowne socibuIn9s ddflwB.
0 79 ACRES 3.Lat A will be ded caled b the City or Amos for public right of way.
$89.5635W 882.88'
SWCOR.01TILOT2 589'S606W 1]0.37 Zming DislricL FS RL(Reabendal Low Density)
NGSp 2Np ADD FOUND Il2'REBAR De. Slandardv.
N..INC. WIYEILOW LAP BE CO0.pUTLOT2 Buildrg Sebacks:
SUB0 57M AOAONS pROT A RASSING HOMEOWNERS ASS Adt E QUARRY ESTATE Fmnt 20'Minimum,25'b garage face
N-3490163.30 - NAy'ENS CROSSING
SUBDSTHATAT Side:6 Minimum
E-4BB330B.74 8' mum(2 or 3 stories)
Rear.20'MinMum
Comer Lot:PwAdle 2 front yards and 2 side yards
Let Curves
Maximum Building Cwe .35%
Curve p Radius Length Della Bearing Chord Mini um Landsmum wpedgA ea00%
Of 55.00. 72.17' 75.11V.- S22'21'37W 57.711'
Easamenla an A:
C2 55.00' 45.39' 47'1T19' S38.52'34•E M.12' Public Uk6tyStormtorm Sewer,Surface Water Flowage.
Sitlewalk,Shared-Use Path,Cmedva0m
C3 b5.00' 7Z22' 75'742Y 1479'511VE 67.16' -
U 55.00' 11.80' 12'7Td8' N36'05'33'E 11.78' HAypENS CROSSING SUBONI5ION,2N0 ADDITION
+FOUND ll REBAR WI
YELLOW CAP p17181
(T)PICAL UNLESS NOTED)
0=SET Ur REBAR W]
YELLOW CAP s17161
STREETADDRESS N
0 W 80' I
I hereby certify that this land surveying document was prepared by me or under my direct personal
i FINAL PLAT sup"Wer,and that I am a duty licensed Professional Land Surveyor under the law.of In.State of lava. pp'ounlyi grG`e
QUARRY ESTATES SUBDIVISION, SIXTH ADDITION `"Scl,
STRAND I, /1 - �;'1 1 i
nTst •g_
FOX Sch 1 A SUBDIVISION OF OUTLOT Z IN QUARRY ESTATES SUBDIVISION,FIFTH ADDITION
414 seuen 71n sve.L saim 107
Arm0.1ov2 aoDlo CITY OF AMES,STORY COUNTY,IOWA R.BRADLEY STUMSO,PLS DATE ,'',�`.,bw� +-,
Pbons-IS15123J-0000 U-.number 17161 ��"r�dt LA131 eye
FAJL 515 23341103 J06#5343-215 DATE:11/15/22 PAGE 1 OF 1 My license ran...mt. Dera-3'.20z3.
fi
I
1 '
I
I
I
I
i
INSTRUIVTENT PREPARED BY: Brian D. Torresi, 120 S 161"St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi, 120 S 161 St.,Ames IA 50010
CONSENT AND DEDICATION
KNOW ALL PERSONS BY THESE PRESENTS:
That THE QUARRY ESTATES,L.L.C.,does hereby covenant that it is the lawful owner
of the following-described real estate situated in Story County,Iowa,to-wit:
Outlot Z,Quarry Estates 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 QUARRY ESTATES 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',Public Street(Ketelsen Drive),as shown on
said plat to the City of Ames, Iowa, and the perpetual use of the public.
Dated this° day of November, 2022.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
CONSENT AND DEDICATION
THE QUARRY ESTATES, L.L.C.
By:
Kurt W. Friedrich, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on itfs dday of Novem2 y Kurt W.
Friedrich, as a Manager of The Quarry Estates, L.L.C.
�aP'AL SF KIMBERLY M.SEWALD
° Commission Number 815619 Not Ubllc an Or t e Stat of Iowa
My Commission Expires
°MP March 5, 2025 y Ommi Ion expires
By:
Richard . a , Manager
STATE OF IOWA, STORY COUNTY, SS:
i
This record was acknowledged before me on th—)l day of Nov er,2 2 by Rich J.
Johansen, as a Manager of The Quarry Estates, L.L.C.
O%AL KIMBERLY M.SEWALD
Commission Number 815619 t Pub Win nd for the State of Iowa
My Commission Expires My co ssion expires
March 5, 2025
2
INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 101 St.,Ames,IA 50010 515 288-2500
MORTGAGEE'S CONSENT TO PLATTING
AND PARTIAL RELEASE OFMORTGAGE
j WHEREAS, VisionBank of Iowa f/k/a Ames Community Bank(the "Mortgagee") is the present
owner of that certain: (a) Open-End Mortgage dated October 26, 2005, and filed in the office of the
Recorder of Story County, Iowa, on October 27, 2005, as Instrument No. 05-13509 ("Mortgage-:1"); (b)
Open-End Real Estate Mortgage dated June 5, 2015, and filed in the office of the Recorder of Story
County, Iowa, on June 17, 2015, as Instrument No. 15-05420 ("Mortgage-2"); and (c) Open-End
Mortgage dated June 27,2019, and filed in the office of the Recorder of Story County,Iowa, on June 28,
2019, as Instrument No. 2019-05456 ("Mort aae-3") (Mortgage-1, Mortgage-2, and Mortgage-3 are
hereinafter collectively referred to as the "Mortgages"), and therefore, Mortgagee has an interest in the
real property described as follows(the"Real Property'):
i
Outlot Z,Quarry Estates Subdivision Fifth Addition,Ames,Story County, Iowa
WHEREAS, the Mortgagee has been requested to consent to the platting of the Real Property to
be known as QUARRY ESTATES SUBDIVISION SIXTH ADDITION,AMES, STORY COUNTY,
IOWA,and to release the liens of said Mortgages 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 QUARRY ESTATES SUBDIVISION SIXTH ADDITION, AMES, STORY COUNTY,
IOWA.
2, RELEASE. The Mortgagee does hereby release the liens of the Mortgages as to the real
property legally described as follows:
Lot A,Quarry Estates Subdivision Sixth Addition,Ames, Story County,Iowa
(the"Released Property"), and this instrument constitutes a release of the liens of the Mortgages only as
to the Released Property and shall in no way affect the liens of the Mortgages as to the remaining portion
of the Real Property,said liens remaining in full force and effect.
IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf
on this 0 day of November,2022.
I
i
i
SIGNATURE PAGE OF
MORTGAGEE'S CONSENT TO PLATTING AND PARTIAL RELEASE OF MORTGAGE
VISIONBANK OF IOWA
By:
�e, 5,
By:
(D
hn , . 1�4t4td-f-k
STATE OF IOWA,COUNTY OF STORY, SS:
_ This record was acknowledged be
re me on this day f November, 2022, by 1
i M and ��b Coe the es and i
respective) , of VisionBank of Iowa.
of ry Pu is in ad for the S a�te fIowa
JENNIFER L CONRAD My commission expires it Commission Number 8210n
My Commission Ex r
°iN'w November 5, 20
f
t
f
t
f
l
I
INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 16",St.,Ames IA 50010 515 288-2500
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 The Quarry Estates, L.L.C. 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.2014-00000783
(the"Agreement'),and therefore,Lienholder has an interest in the real property described as follows(the
"Real Property"):
Outlot Z,Quarry Estates Subdivision Fifth Addition,Ames,Story County,Iowa
I
WHEREAS,the Lienholder has been requested to consent to the platting of said Real Property to
be known as QUARRY ESTATES 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 QUARRY ESTATES 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,Quarry Estates 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 21 day of November,2022.
XENIA RURAL WATER DISTRICT
By: �d c�
2v rr Ha"4o4, (-,CEO/General Manager
Attest:
Office Manager
STATE OF IOWA,��COUNTY, SS:
This record was acknowledged before me on this day of November, 2022, by
fe-l�+4* �rtT and /? - T'E , as the CEO/General Manager and the Office Manager,
1 spectively,of Xenia Rural a er District.
Notary Public, State of Iowa
ROGER M OLSEN My commission expires
_ Commission Number 772136
My Commission Expires
owo. March 15, 2024
I
ATTORNEY'S OPINION
I
I,Brian D.Torresi,hereby state that I am an Attorney at Law, duly admitted to the practice
I
of law in the State of Iowa,and an attorney at Dentons Davis Brown with offices at 120 S 16o'Street,
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, Quarry Estates Subdivision Fi Fth Addition, Ames, Story County, Iowa
i (the "Real Estate") from the root of the title thereof, down to and including e th 22"d day of
I
September,2022 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 QUARRY ESTATES SUBDIVISION SIXTH ADDITION, AMES, STORY
COUNTY, IOWA.
Based upon information within said Abstract ofTitle,it is my opinion that the fee simple title
to the Real Estate is vested in The Quarry Estates,L.L.C. The Real Estate is subject to easements
of record and to zoning ordinances of the City of Ames, Iowa, as well as the following:
t
i
1. Open-End Mortgage dated October 26,2005, in favor of Ames Community Bank and
i
filed in the office of the Recorder of Story County,Iowa, on October 27, 2005, as
Instrument No. 05-13509;
2. Open-End Real Estate Mortgage dated June 5,2015,in favor of VisionBank of Iowa and
filed in the office of the Recorder of Story County,Iowa,on June 17,2015,as Instrument
No. 15-05420;
3. Open-End Mortgage dated June 27, 2019, in favor of VisionBank of Iowa and filed in
the office of the Recorder of Story County, Iowa, on June 28, 2019, as Instrument No.
19-05456;
4. Agreement Pertaining to the Release of Service Territory Rights and Covenant for
Assessment dated December 11, 2013, and filed in the office of the Recorder of
Story County, Iowa, on January 29, 2014, as Instrument No. 14-00783; and
5. Zoning Agreement for Adoption of the Master Plan for Quarry Estates Subdivision
907 W. 190"'Street dated October 14,2014,and filed in the office of the Recorder of
Story County, Iowa, on October 27, 2014, as Instrument No. 14-09612.
Dated this 28"'day of November, 2022.
DENTONS DAVIS BROWN
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
INSTRUMENT PREPARED BY: Brian D.Torresi, 120 S 16111 St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi 120 S 1611 St.,Ames IA 50010
CERTIFICATE OF THE TREASURER OF STORY COUNTY,IOWA
1, 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 QUARRY ESTATES
SUBDIVISION SIXTH ADDITION,AMES,STORY COUNTY,IOWA,is free from certified
taxes and certified special assessments.
Dated this!f day of November, 2022.
TED RASMUSSON
TREASURER, STORY COUNTY, IOWA
Parcel No. 05-22-100-006
y�
r Jar
z
��� �i'( fir' f/�•�'.
�a LUCY MARTIN
Story County Auditor
and
Commissioner i ner of Elections
County
IOWA•1853
Office of the Auditor
Approval of Subdivision Plat Name by Story County Auditor
Date
The Story County Auditor's Office has reviewed the final plat of:
(.,�Uct�t'�j LS�a:��S" c���-.���� �l;c;t,•� �`�i�-�.1� ��c���Cc�-�
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 =- U ' -�-�
CountyAquditor of Story County, Iowa
(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
G
i
3
i
INSTRtiM�NT PREPARED BY: Brian D.Torresi, 120 S 16th St.,Aines,IA 50010 515 288-2500
RETURN To: Brian D.Torresi, 120 S 16th St.,Ames IA 50010
3
j CITY OF AMES, IOWA
j RESOLUTION NUMBER 22-653
ACCEPTING PLAT OF QUARRY ESTATES 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, Quarry Estates Subdivision Fifth Addition, Ames, Story County, Iowa
to be known as QUARRY ESTATES 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, The Quarry Estates, L.L.C., 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 ofthe City of Ames,Iowa,
that the plat of QUARRY ESTATES SUBDIVISION SIXTH ADDITION, AMES, STORY
COUNTY IOWA be and it is hereby d and approved, and
> Y accepted P pP ,
BE IT FURTHER RESOLVED that the dedication of Lot `A', Public Street (Ketelsen
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 The Quarry Estates, L.L.C. are hereby confirmed and
approved by the City Council of the City of Ames, Iowa, on this 20 day of
December 52022
CITY OF AMES, IOWA
J i
By
JOHN HAILA, Mayor
By
RENEE AALL, City Clerk
Moved by: Corrieri
Seconded By: Betcher
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins
Voting Nay: None
Absent:
Mayor John Haila declared Resolution Number 92_C,5� adopted.
We,John Haila and Renee Hall,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. 22-653 is a true and accurate copy of said Resolution; that said Resolution was duly
r
passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting
thereof on the 20 day of December , 2022.
'A
JOHN HAILA, Mayor- r` • � * "
RENEE HALL, City Clerk ': '" ' ;
3
i
i
i
i
i
i
f
INSTitumr-,NT PRrPA,REU BY: Brian D.Torresi, 120 S 16`'St.,Ames, IA 50010 51 S 288-2500
i RETURN To: Brian D.Torresi 120 S 161h St.,Ames,1A 50010
i
CITY OF AMES,IOWA
RESOLUTION NUMBER 22-653a
ACCEPTING PUBLIC IMPROVEMENTS AND BOND ON
QUARRY ESTATES SUBDIVISION SIXTH ADDITION,
AMES, STORY COUNTY,IOWA
i
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 QUARRY ESTATES SUBDIVISION SIXTH ADDITION, AMES, STORY
i
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),
street lights,pavement,pedestrian ramps, street trees, sidewalks, manhole adjustments, detectable
warning panels, and conservation management.
The Agreement for Public Improvements secured by a letter of credit in the amount of
EIGHTY-NINE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS and 00/100($89,880.00)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 20 day of December, 2022.
CITY OF AMES, IOWA
By.
JOHN HAILA, Mayor
Y
E H LL, City lerk {
Moved by: Coirieri
Seconded By: Betcher
Voting Aye: Beatty-Hansen, Betcher, Coirieri, Gartin, Junck, Rollins
Voting Nay: None
Absent: None
Mayor John Haila declared Resolution Number 22-653a adopted.
We,John Haila and Renee Hall,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 Nlunber 22-653a 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 20 day of December , 2022.
m
! cr
JOHN HAILA, Mayors
•s
• r ° r
RENE HALL, Lily Clerk =
f,
1
4
i
s
i
INSTRUMENT PREPARED BY: Brian D.Torresi 120 S 10h St.,Ames,IA 50010 515 288-2500
RETURN To: Brian D.Torresi, 120 S 10h St.,Ames IA 50010
RESTRICTIVE COVENANTS AND REGULATIONS FOR
Qt)ARRY ESTATES SUBDIVISION SIXTH ADDITION,
AMES,STORY COUNTY,IOWA
i WHEREAS, the undersigned are the owners of Lots One (1) through Twenty-six (26)
("Lot" or the "Lots") contained in Quarry Estates Subdivision Sixth Addition, Ames, Story
County, Iowa(the"Subdivision"); and
WHEREAS, all of the Lots 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
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 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 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 Lots within the
Subdivision.
I,
3. The residences to be constructed or to be permitted to remain on Lots One (1)
through Twenty-six(26) shall meet the following requirements:
} story
One 1 residences shall have a ground floor finished area of not less
a, { ry
nd three hundred 1 300 square feet.
than one thousand { , ) q
b. One and one-half(1%) story residences or split-level residences shall have
i a total finished area on the ground floor and the second floor of not less
! than one thousand seven hundred(1,700) square feet.
G. Two (2) story residences shall have a total finished area on the ground
floor and the second floor of not less than one thousand seven hundred
i (1,700) square feet.
d. The computation of the finished area shall not include porches,
breezeways or garages,but shall include covered/partially-covered decks.
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 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
surrounding structures and drainage patterns in accordance with the storm water
management plan. Except with respect to the restriction set forth in Paragraph
6(q), 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 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
I
f
material is covered with brick, stone veneer or siding. Exposed
foundations must be painted to blend with exterior wall finishes.
e. 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
IF
may not be placed on other land within the Subdivision.
LOTiSion.
CONSTRUCTION HAS NOT BEGUN ON A WITHIN
TWELVE (I2) 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
AT THE TIME THE
TAXES, CLOSING COSTS OR INTEREST
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 homes must be built by a recognized homebuilder, defined as a
homebuilder who completes at least three (3)homes per year.
9. All finished Lots and house grades shall conform to the Developer's
grading plan which may be obtained from the Developer during
construction.
h. 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.
i. No above ground or non-permanent swimming pool shall be permitted on
any Lot.
j. 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.. No tool sheds,
utility buildings or playhouses shall be placed on any Lot.
k. No recreational vehicle, camper, boat or truck rated larger than three
quarters (%) of a ton shall be parked on a Lot for a period of time
exceeding forty-eight (48) consecutive hours or for more than thirty (30)
days in any calendar year.
I
f
f
i
1. No rubbish containers shall be visible from the street except on pick,ip 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.
M. No extension towers or antennas of any kind shall be constricted,
modified or permitted on any Lot except television or radio antennas of
less than ten (10) feet are permitted on dwellings or garages as long as
they are not visible from the street. Satellite dishes 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.
n. 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.
o. 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.
P. Following construction of the residential dwelling on any Lot, the front
yard and side yards shall be sodded. Fifteen (15) 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. 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(11/2) inch caliper tree. The purchaser of any Lot shall
plant the necessary trees to comply with the City of Ames, Iowa,
streetscape plan. All street trees shall be planted within twelve (12)
months of the issuance of a certificate of occupancy by the City of Ames,
Iowa.
q. Notwithstanding anything herein to the contrary, fences may be placed on
any Lot within the Subdivision that has an authorized swimming pool if
the purpose of the placement of the fence is to secure the pool area (a
"Security Fence") and the location of the Security Fence is limited to the
area reasonably necessary to effectuate that purpose. Any said Security
Fence must nonetheless be approved by the Developer in accordance with
Paragraph 5.
i
i
i
r. All retaining walls shall be constructed of stone or masonry product. No
i 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.
i
S. Roof materials should be slate, tile, cedar shakes, or composite shingles.
i 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.
t. 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.
U. 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.
V. Lots shall not have tool sheds or other outside structures constructed or
placed on the Lots. Chain link fences are not permitted. Any fence
installed on a Lot shall be no lower than four (4) feet in height and no
higher than six (6) feet in height. Fences shall be constructed of black
coated steel or aluminum, wood, or white vinyl materials. Wood fences
must be architectural two-pattern or shadow box designs. The plans for
the fence shall be submitted for approval by the Developer in accordance
with Paragraph S.
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
I
4
and daring 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
No hand painted signs will be allowed.
professionally constructed.
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. The use or application of any fertilizer or lawn additive that contains
phosphates is prohibited on all Lots.
7. 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.
8. For purposes of this Paragraph 8 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
f
f -
i
{ 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.
i
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
j area of a Lot identified as being encumbered by a Conservation Easement is
1 prohibited except with the prior consent of the City of Ames,Iowa.
9. 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.
10. 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 and is entitled to attorneys' fees and costs related thereto.
11. 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.
12. 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 12, 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
anything herein to the contrary, the restriction in Paragraph 6(x) herein shall not
be amended without the prior written consent of the City of Ames, Iowa.
13. 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 13, each
Lot shall be deemed to have one (1) owner, all as provided in the preceding
paragraph. With respect to Paragraphs 6(x) and 8 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 this? ay of November, 2022.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
RESTRICTIVE COVENANTS AND REGULATIONS FOR
QUARRY ESTATES SUBDIVISION SIXTH ADDITION,
AMES, STORY COUNTY,IOWA
THE QUARRY ESTATES, L.L.C.
By: :2 :1
rt W. Fried ich, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on i _ day of N r 022, by K
W. Friedrich, as a Manager of The Quarry Estates, L.L.C. ;
p,IAL KIMBERLY M.SEWALD
z �Commission Number 815619 a ubl' for e State of Iowa
My commission Expires
oW� March 5, 2025 M co sion expires
By:
Richard J. Jo se nager
STATE OF IOWA, STORY COUNTY, SS:
cknowled ed before me on tl Z) �-Vdday ove 2022, b
This record was a g
Richard J. Johansen, as a Manager of The Quarry Estates, . C.
KIIYIr..ERLi A :ii.:M--
Commission Number 815619
My commission Expires Not Pub l in and for the State of Iowa
March 5, 2025
My comet' sion expires