COVENANTS AND RESTRICTIONS FOR 5TH CITY VIEW ADDITION TO THE CITY OF DENISON, IOWA

We, Eugene D. Zenk, President, and Shirley A. Zenk, Secretary, of Gene Zenk Agency, Inc., it being the owner of all the land in 5th City View Addition to the City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land it will have included in all deeds and conveyances hereafter made by it to purchasers of said land or lots, by reference to the filing of this document, the following Covenants and Restrictions:

A. All lots described herein shall be known, described and used as residential lots, and no structure shall be erected on any residential building lot other than:

1. A detached single family dwelling not to exceed two stories in height, and a one to three car garage or carport, which if constructed may be attached or separate from the dwelling place, or
2. A multiple family dwelling not to exceed one story in height and constructed in accordance with Chapter 499B of the 1979 Code of Iowa and zoning ordinances of the City of Denison, and a one car garage or carport for each unit of the multiple family dwelling which if constructed may be attached or separate from the dwelling place and shall be constructed in accordance with Chapter 499B of the 1979 Code of Iowa.

B. No building shall be erected on any single family or multiple family residential building plot nearer than thirty (30) feet to the front lot line, nor nearer than eight (8) 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 the side street lot line.

C. No dwelling shall be erected or place 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 8,400 square feet.

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

E. All structures shall be of new construction and may include modular-type building.

F. 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 one story dwelling with two bedrooms shall have a ground floor square foot area of less than seven hundred forty (740) square feet; no one story dwelling containing three bedrooms shall have a ground floor square foot are of less than eight hundred sixty-four (864) square feet; and no one and a half or two story dwelling shall have a ground floor square foot area of less than six hundred twenty-four (624) square feet. These dimensions shall apply to each single family structure and to each unit within a multiple family structure.

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. No wrecked, junked or dismantled vehicle shall be stored or parked for more than twenty-four (24) consecutive hours on any residential lot unless such vehicle is kept in an enclosed garage. For purposes of this paragraph, vehicle shall be defined to involve, but not be limited to cars, trucks, tractors, other farm machinery, campers, pickups, boats and vans.

J. A perpetual easement five (5) feet wide on all side lot lines and also ten (10) feet wide on all rear lot lines of each lot is reserved for utility installation and maintenance, and drainage when applicable.

K. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 1990, at which time the said covenants shall be automatically extended for successive periods of ten (10) years unless be 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.

L. 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 January 1, 1990, 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 restriction, and either to prevent him or them from so doing or to recover damages or other dues for such violation.

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

Dated at Denison, Iowa, this 17th day of May, 1979.

 

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR 5th CITY VIEW ADDITION TO THE CITY OF DENISON, IOWA

We, Eugene D. Zenk, President, and Shirley A. Zenk, Secretary, of the Gene Zenk Agency, Inc., Thadious L. Gillespie and Marilyn L. Gillespie, husband and wife, being the sole owners of all of the land in 5th City View Addition to the City of Denison, Iowa, hereby agree to amend the covenants and restrictions for the 5th City View Addition to the City of Denison, Iowa, as previously filed by cancelling the subparagraph numbered 2. under the heading A. of said covenants and restrictions and substituting therefore the following paragraph:

2. A multiple family dwelling not to exceed one story in height and constructed in accordance with Chapter 499B of the 1979 Code of Iowa and zoning ordinances of the City of Denison, and one or two car garage or carport for each unit of the multiple family dwelling which if constructed may be attached or separate from the dwelling place and shall be constructed in accordance with Chapter 449B of the 1979 Code of Iowa. Dated at Denison, Iowa, the 8th day of November, 1979.

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR 5TH CITY VIEW ADDITION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA

We, the undersigned, comprising and being all the owners of certain real estate known and platted as 5th City View Addition to the City of Denison, Crawford County, Iowa, do hereby covenant and agree to amend for the benefit of ourselves and for the benefit of future owners of said real estate, the Covenants and Restrictions now on file with the Crawford County Recorder as well as the Amendment to Covenants and Restrictions also on file with the Crawford County Recorder, as follows:

1. Paragraph A, subparagraph 2, of the Covenants and Restrictions as amended, is hereby amended by deleting the same and putting in place of said paragraph A, subparagraph 2, the following:

2. A multiple family dwelling not to exceed one story in height and constructed in accordance with the Zoning Ordinances of the City of Denison; and one or two car garage or carport for each unit of the multiple family dwelling which if constructed may be attached or separate from the dwelling place, and shall be constructed in accordance with the zoning ordinances of the City of Denison, Iowa.

It is agreed that the remainder of the Covenants and Restrictions for the 5th City View Addition to the City of Denison, Crawford County, Iowa, as previously amended, are affirmed. Dated this 12th day of November, 1979.