COVENANTS AND RESTRICTIONS FOR SECOND BEL AIRE HEIGHTS ADDITION TO THE CITY OF DENISON, IOWA

I, Marvin Jeschke, single, being the owner of the following described real estate, to-wit:

A parcel of land in the Northwest Quarter (NW¼) of Section Twelve (12), Township Eighty-three (83) North, Range Thirty-nine (39), West of the 5th P.M., Crawford County, Iowa, described as follows: The North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼) of Section Twelve (12), Township Eighty-three (83) North, Range Thirty-nine (39), except a parcel of land described as follows: Beginning at the Southwest corner of said North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), said point being 660.0 feet south of the Northwest corner of said section twelve (12), thence easterly 765.0 feet along the south line of said North half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), thence North 170.0 feet along a line parallel with the west line of said North half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼) thence easterly 10.0 feet parallel with the south line of said North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), thence North 137.5 feet parallel with the west line of said Northwest Quarter, thence westerly 330.0 feet parallel with the south line of said North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), thence South 37.5 feet parallel with the west line of said Northwest Quarter, thence westerly 190.0 feet parallel with the south line of said North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), thence South 25.0 feet parallel with the west line of said Northwest Quarter, thence westerly 105.0 feet parallel with the south line of said North Half of the Northwest Quarter of the Northwest Quarter (N½ NW¼ NW¼), thence North 415.0 feet to a point on the north line of the Northwest Quarter, thence westerly 150.0 feet along the said north line of the Northwest Quarter of Section Twelve (12) to the Northwest corner of said Section Twelve (12), thence south 660.0 feet along the west line of said Northwest Quarter to the point of beginning,

hereafter known as “Second Bel Aire Heights Addition” to the City of Denison, Iowa, hereby covenant and agree for the benefit of all future owners of said land that I will have included in all deeds and conveyances hereafter made to all purchasers of said land or lots by reference of the filing of this document, the following covenants and restrictions, to-wit:

A. All lots described herein shall be known, described and used solely as residential lots, and no structure shall be erected on any residential building lot other than one, detached, single family dwelling, not to exceed two stories in height and a one or two car garage or carport.

B. No building shall be erected on any residential building plot nearer than twenty-five (25) feet to nor farther than forty (40) feet from the front lot line, nor nearer than ten (10) feet to any side lot line. The side lot line restrictions shall not apply to a garage or carport located on the rear one-quarter of a lot, except that on corner lots no structure shall be permitted nearer than twenty (20) feet to one side street lot.

C. No dwelling shall be erected or placed on any lot having a width of less than seventy (70) feet at the minimum building set-back line, nor shall any dwelling be erected or placed on any lot having an area of less than 7,500 square feet.

D. No trailer, basement, tent, shack, garage, barn or other out-building shall at any time be erected and used as a residence, either temporary or permanent, nor shall any residence of a temporary character be permitted.

E. No structure shall be moved on to any lots, and all construction must be new construction built on the premises.

F. No building shall be erected on any lot unless the design and location are in harmony with the existing structures and locations in the tract and does not violate protective covenants. In any case, no dwelling shall have a ground floor square feet area of less than nine hundred (900) square feet in the case of one-story structures, nor less than seven hundred and fifty (750) square feet in the case of one and one-half or two story structures.

G. Title holder of each lot, vacant or improved, shall keep his lots free of weeds and debris.

H. No noxious or offensive trade shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

I. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until April 1, 1985, at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the then owners of the lots, it is agreed to change the said covenants in whole or in part.

J. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants and restrictions before April 1, 1985, it shall be lawful for any other person or persons owning any such lots in said development or subdivision to prosecute any proceedings at law or in equity, against the person or persons violating or attempting to violate any such covenant or restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violation.

Any violation of any of these covenants by judgment or other order shall in no wise affect any of the other provisions which shall remain in full force and effect.

Dated at Denison, Iowa, this 19th day of March, 1965.

 

COVENANTS AND RESTRICTIONS FOR BEL AIRE HEIGHTS SECOND ADDITION TO THE CITY OF DENISON, IOWA

St. Rose of Lima Roman Catholic Church located in Denison, Iowa, being the owner and proprietor of the following described real estate:

A parcel of land located in the N1/2 NW1/4 NW1/4 Section 12, Township 83 North, Range 39 West of the 5th P.M., Crawford County, Iowa, described as follows:

Commencing at the NW Corner of the NW1/4 NW1/4 Section 12-83-39, thence N 87º 16′ E 150.0 feet along the north line of said NW1/4 NW1/4 to the point of beginning, thence continuing N 87º 16′ E 1,167.7 feet along the north line of said NW1/4 NW1/4, thence S 00º 04′ E 138.1 feet along the east line of said NW1/4 NW1/4, thence S 87º 16′ W 1,167.9 feet, thence N 00º 00′ W 138.1 feet to the point of beginning. Said parcel contains 3.70 acres, more or less,

hereafter known as “Bel Aire Heights Second Addition” to the City of Denison, Iowa, hereby covenant and agree for the benefit of all future owners of said land that it will have included in all deed and conveyances hereafter made to all purchasers of said land or lots by reference of the filing of this document, the following covenants and restrictions, to-wit:

(a) All lots described herein shall be known, described and used solely as residential lots, and no structure shall be erected on any residential building lot other than one, detached, single family dwelling, not to exceed two stories in height and a one or two car garage or carport.

(b) No trailer, basement, tent, shack, garage, barn or other out-building shall at any time be erected and used as a residence, either temporary or permanent, nor shall any residence of a temporary character be permitted.

(c) No structure shall be moved on to any lots, and all construction must be new construction built on the premises.

(d) Title holder of each lot, vacant or improved, shall keep his lots free of weeds and debris and tall grass.

(e) No noxious or offensive trade shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

(f) No building shall be erected on any residential building plot nearer than thirty (30) feet to nor farther than thirty-five (35) feet from the front lot line, nor nearer than (8) eight feet to any side lot line except that on corner lots no structure shall be permitted nearer than twenty (20) feet to one side street lot line.

(g) No building shall be erected on any lot unless the design and location are in harmony with existing structures and locations in the tract and does not violate protective covenants. In any case, no dwelling shall have a ground floor square feet area of less than one thousand (1000) square feet in the case of one-story structures, nor less than nine hundred sixty (960) square feet in the case of one and one-half or two-story structures.

(h) The purchaser and subsequent owners of each lot shall be responsible for installing and maintaining a public sidewalk on their property in conformity to the ordinances of the City of Denison, Iowa, and said sidewalk shall be installed within one (1) year of date of deed from developer.

(i) No log cabin type construction or underground earth type home construction shall be permitted on any lots in this addition.

(j) All garages and carports shall be attached to the residential dwelling.

(k) The construction of all homes shall be completed within twelve (12) months after the date a building permit is issued.

(l) the purchaser and subsequent owners shall have an established lawn within twelve (12) months after the residential building has been erected.

(m) These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until August 30, 1999, at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the then owners of the lots, it is agreed to change the said covenants in whole or in part.

(n) If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants and restrictions before August 30, 1999, it shall be lawful for any other person or persons owning any such lots in said development or subdivision to prosecute any proceedings at law or in equity, against the person or persons violating or attempting to violate any such covenant or restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violations.

Any invalidation of any of these covenants by judgment or other order shall in no wise affect any of the other provisions which shall remain in full force and effect. Dated at Denison, Iowa, this 29th day of August, 1979.