HomeMy WebLinkAboutA008 - Restrictive Covenants and Regulations for Quarry Estates Subdivision Sixth Addition, dated November 21, 2022 i
INSTRUMENT PREPARED BY: Brian D.Tomsi, 120 S 161h St.,Ames,IA 50010 515 288-2500
'ETu%N To: I Brian D.Torresi, 120 S 161 St.,Ames,IA 50010
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j RESTRICTIVE COVENANTS AND REGULATIONS FOR
j QUARRY ESTATES SUBDIVISION SIXTH ADDITION,
AMES, STORY COUNTY,IOWA
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j 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
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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;
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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 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.
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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:
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a. One (1) story residences shall have a ground floor finished area of not less
than one thousand three hundred(1,300) square feet,
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b. One and one-half(11/z) story residences or split-level residences shall have
a total finished area on the ground floor and the second floor of not less
than one thousand seven hundred(1,700) square feet.
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f C. 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
(1,700) square feet.
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finished area shall not include porches,
d. The computation of the
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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
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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
may not be placed on other land within the Subdivision. IF
j 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
i 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.
g. 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.
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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 (3/a) 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.
1. 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.
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M. 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 pernitted on dwellings or garages as long as
they are not visible from the street. Satellite dishes in excess of thirty-six
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(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
li 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.
io. No animals, livestock or poultry of any kind shall be raised, bred or kept
I 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
I purposes. Dogs must be tied, fenced or kept in a dog run or on a leash at
I 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,
I measured from the rear of the dwelling,shall be sodded. The remainder of
I 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
I ($1,000.00) for landscaping. Landscaping shall include at least one (1)
one and one-half(1'/z) 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)
i 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.
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r, 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.
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S. 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
i 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
1 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
j 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 5.
W. Once a dwelling is sold and occupied, signage shall be limited to (i)
address signage, (d) 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
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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
i 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
j 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.
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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 permtttee 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
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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.
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 2 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;
Ith, Manager
STATE OF IOWA, STORY COUNTY, SS: %
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This record was acknowledged before me on _ day of Nx p22, by K
I W. Friedrich, as a Manager of The Quarry Estates,L.L.C.
x Commission Number 815619 ' a� ubl for e State of Iowa
i My Commission Expires
March 5, 2025 MYreo Sion expires
By:
Richard J. Jo se nager
STATE OF IOWA, STORY COUNTY, SS:
s acknowledged before me on t oWjY�day f'Nove 2022, b
This record was g
Richard J. Johansen, as a Manager of The Quarry Estates, `.C.
:t >4L Commission ission 8 15 e 19 Not& Publ in and for the State of Iowa
• •� - My Commission Expires
ow� March 5,2025
My comet' Sion expires
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