COVENANTS AND RESTRICTIONS FOR BRUMMER ESTATES (FORMERLY KNOWN AS COUNTRY CLUB WEST ESTATES) ADDITION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA

We, Robert and Lori A. Brummer, husband and wife, being the owners of all of the land included in Brummer Estates (formerly known as Country Club West Estates) Addition to the City of Denison, Crawford County, Iowa, hereby covenant and agree for the benefit of future owners of said land that the same shall be subject to the following covenants, restrictions, and limitations as to the improvements and use thereof, to wit:

1. All lots described herein shall be known, described, and used solely as residential lots. No lot may be subdivided after it has been transferred by the developer, although one or more lots may be utilized as a single building plot.

2. No building in this subdivision shall be used for any illegal, noxious, or offensive trade or activity, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

3. No structure shall be erected on any residential building lot other than one detached single family dwelling or a townhouse, not to exceed two stories in height. Each single family dwelling shall be constructed with at least a two-car attached garage. Each townhouse shall be constructed with at least a two-car attached garage. Carports and lean-tos and any other similar structures shall not be erected on any residential building lot.

4. Townhouses, that is two single residences adjoined by a common wall, shall be permitted residential structures.

5. All single detached residences shall be a minimum of 1500 square feet of finished are on the ground floor. Townhouses shall be a minimum of 1200 square feet of finished area on the ground floor per side.

6. No building shall be erected and located on any lot nearer than twenty-five (25) feet from the front property line nor nearer than twenty-five (25) feet from the rear property line. Also, no building shall be erected and located on any lot nearer than six (6) feet from either side lot if the building is one story in height and no nearer than eight (8) feet from each side lot if the building is two stories in height. However, if the building is located on a lot which is located at the intersection of two streets, then the building shall not be located on said lot no nearer than fifteen (15) feet from either side lot line. The setback requirements contained in this paragraph number 6 shall not be maintained in part or in whole to the extent that the City Ordinances of the City of Denison, Iowa, provide for a more restrictive setback.

7. On all residences no more than twelve (12) inches of concrete block or poured concrete foundation shall be exposed. Also, all residences shall have roofs constructed with wooden, shake, or asphalt shingles of 280 pounds or heavier, with a minimum roof slope of 6-12 pitch.

8. Prior to the occupancy of any dwelling house or residence the owner of the lot or lots or portions of lots upon which said house is situated shall cause to be installed and constructed a concrete sidewalk or sidewalks (in the case of corner lots), across said lot or lots from one side lot line to the other side lot line, so as to run parallel to the street or streets (in the case of corner lots), adjoining said lot or lots. All sidewalks shall be located, installed and constructed according to the requirements and specifications of the City of Denison, Iowa.

9. No outbuildings, detached garage, shed, tent, trailer, or modular home of any kind shall be erected or maintained on any lot.

10. No trailers, boats or recreational motor vehicles shall be parked or stored on any lot except within an enclosed garage.

11. All electrical, telephone, and cable television wires and all other cables installed in said subdivision shall be installed underground. Satellite dishes more than three feet in diameter or antenna greater than ten feet in height about the roof line shall not be permitted.

12. No boundary fence or fence-like barriers, including any solid row of trees or shrubs shall be maintained by any property owner.

13. No rubbish containers shall be visible from the street except on rubbish pick-up day.

14. No mechanical work shall be permitted on vehicles outside of a garage for over a 24-hour period and no nonoperational vehicles shall be stored outside of a garage for over a 24-hour period.

15. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, and other household pets otherwise permitted by city ordinance may be kept, provided they are not kept, bred, or maintained for any commercial purpose.

16. No dwelling house or other house or structure shall be erected on the conveyed property until the plans and specifications with the proposed site therefore have been submitted to and approved by Robert Brummer and Lori A. Brummer as to outward appearances and design and a written permit issued therefore. Provided however that if the approving authority failed to approve or disapprove such plans and specifications within sixty (60) days after same have been submitted are of no suit to enjoin the erection of such structures has been commenced prior to the completion thereof, such approval shall not be required.

17. The purchaser and subsequent lot owners shall have an established lawn within twelve (12) months after the residential building has been erected. Thereafter, the titleholder of each lot, vacant or improved, shall keep his lot free of weeds and debris and tall grass.

18. The covenants, restrictions, and reservations herein set forth shall continue in force and shall run with the land for a period of twenty (20) years from the date of these covenants and restrictions at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to a change of said covenants in whole or in part.

19. 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 twenty (20) years expires from the date of these covenants and restrictions or during the period of its automatic extension 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.

20. Each and every of the covenants, restrictions, and reservations herein contained shall be considered an independent and separate covenant and agreement and in the event any one or more of these shall for any reason be held to be invalid or unenforceable all remaining covenants, restrictions, and reservations shall nevertheless remain in full force and effect. Any changes or substitutions to these covenants and restrictions must be approved by the majority of the then owners of the lots.

Dated at Denison, Iowa, this 9th day of September, 1999.

 

AMENDED AND SUBSTITUTED COVENANTS AND RESTRICTIONS FOR BRUMMER ESTATES (FORMERLY KNOWN AS COUNTRY CLUB WEST ESTATES) ADDITION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA.

We, Robert and Lori A. Brummer, husband and wife, being the owners of all of the land included in Brummer Estates (formerly known as Country Club West Estates) Addition to the City of Denison, Crawford County, Iowa, hereby covenant and agree for the benefit of future owners of said land that the same shall be subject to the following covenants, restrictions, and limitations as to the improvements and use thereof, to wit:

1. All lots described herein shall be known, described, and used solely as residential lots. No lot may be subdivided after it has been transferred by the developer, although one or more lots may be utilized as a single building plot.

2. No building in this subdivision shall be used for any illegal, noxious, or offensive trade or activity, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

3. No structure shall be erected on any residential building lot other than one detached single family dwelling or a townhouse, not to exceed two stories in height. Each single family dwelling shall be constructed with at least a two-car attached garage. Each townhouse shall be constructed with at least a two-car attached garage. Carports and lean-tos and any other similar structures shall not be erected on any residential building lot.

4. Townhouses, that is two single residences adjoined by a common wall, shall be permitted residential structures.

5. All single detached residences shall be a minimum of 1500 square feet of finished are on the ground floor. Townhouses shall be a minimum of 1200 square feet of finished area on the ground floor per side.

6. No building shall be erected and located on any lot nearer than twenty-five (25) feet from the front property line nor nearer than twenty-five (25) feet from the rear property line. Also, no building shall be erected and located on any lot nearer than six (6) feet from either side lot if the building is one story in height and no nearer than eight (8) feet from each side lot if the building is two stories in height. However, if the building is located on a lot which is located at the intersection of two streets, then the building shall not be located on said lot no nearer than fifteen (15) feet from either side lot line. The setback requirements contained in this paragraph number 6 shall not be maintained in part or in whole to the extent that the City Ordinances of the City of Denison, Iowa, provide for a more restrictive setback.

7. All residences shall have roofs constructed with wooden, shake, or asphalt shingles with a life span of 30 years or more and with a minimum roof slope of 6-12 pitch.

8. Prior to the occupancy of any dwelling house or residence the owner of the lot or lots or portions of lots upon which said house is situated shall cause to be installed and constructed a concrete sidewalk or sidewalks (in the case of corner lots), across said lot or lots from one side lot line to the other side lot line, so as to run parallel to the street or streets (in the case of corner lots), adjoining said lot or lots. All sidewalks shall be located, installed and constructed according to the requirements and specifications of the City of Denison, Iowa.

9. No outbuildings, detached garage, shed, tent, trailer, or modular home of any kind shall be erected or maintained on any lot.

10. No trailers, boats or recreational motor vehicles shall be parked or stored on any lot except within an enclosed garage.

11. All electrical, telephone, and cable television wires and all other cables installed in said subdivision shall be installed underground. Satellite dishes more than three feet in diameter or antenna greater than ten feet in height about the roof line shall not be permitted.

12. No boundary fence or fence-like barriers, including any solid row of trees or shrubs shall be maintained by any property owner.

13. No rubbish containers shall be visible from the street except on rubbish pick-up day.

14. No mechanical work shall be permitted on vehicles outside of a garage for over a 24-hour period and no nonoperational vehicles shall be stored outside of a garage for over a 24-hour period.

15. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, and other household pets otherwise permitted by city ordinance may be kept, provided they are not kept, bred, or maintained for any commercial purpose.

16. No dwelling house or other house or structure shall be erected on the conveyed property until the plans and specifications with the proposed site therefore have been submitted to and approved by Robert Brummer and Lori A. Brummer as to outward appearances and design and a written permit issued therefore. Provided however that if the approving authority failed to approve or disapprove such plans and specifications within sixty (60) days after same have been submitted are of no suit to enjoin the erection of such structures has been commenced prior to the completion thereof, such approval shall not be required.

17. The purchaser and subsequent lot owners shall have an established lawn within twelve (12) months after the residential building has been erected. Thereafter, the titleholder of each lot, vacant or improved, shall keep his lot free of weeds and debris and tall grass.

18. The covenants, restrictions, and reservations herein set forth shall continue in force and shall run with the land for a period of twenty (20) years from the date of these covenants and restrictions at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to a change of said covenants in whole or in part.

19. 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 twenty (20) years expires from the date of these covenants and restrictions or during the period of its automatic extension 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.

20. Each and every of the covenants, restrictions, and reservations herein contained shall be considered an independent and separate covenant and agreement and in the event any one or more of these shall for any reason be held to be invalid or unenforceable all remaining covenants, restrictions, and reservations shall nevertheless remain in full force and effect. Any changes or substitutions to these covenants and restrictions must be approved by the majority of the then owners of the lots.

21. These Amended and Substituted Covenants and Restrictions for Brummer Estates (formerly known as Country Club West Estates) Addition are substituted for and replace completely the Covenants and Restrictions filed on September 21, 1999 in the office of the Crawford County, Iowa Recorder where they appear as Instrument No. 99-2626.

Dated at Denison, Iowa, this 3rd day of May, 2000.