COVENANTS AND RESTRICTIONS FOR “COLLEGE HEIGHTS” ADDITION TO THE CITY OF DENISON, IOWA

I, LuVern Sewell, unmarried, being the owner of all land in “College Heights” addition to the City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land that I will have included in all deeds and conveyances hereafter made by me to purchasers of said land or lots in said area, by reference to the filing of this document, the following covenants and restrictions, to-wit:

1. These covenants and restrictions shall not apply as to Lot 13 of said platted area.

2. Except for said Lot 13, all other lots shall be known and described and used solely as residential lots, and no structures shall be erected thereon other than one detached single family dwelling not exceeding two stories in height with a one or two car garage or car port.

3. Except as to Lot 13:

A. No building shall be erected on any residential building plot nearer than thirty (30) feet to nor farther than forty (40) feet from the front lot line nor nearer than ten (10) feet to any side or rear lot line, and this restriction shall apply to garages and car ports.

B. No dwelling shall be erected or placed on any lot of area having a total 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 or area having less than seven thousand five hundred (7500) square feet.

C. 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.

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

E. No building shall be erected on any lot unless the design, location, and grade with respect to the surrounding lots are in harmony with existing structures and locations in the tract and does not violate protective covenants.

F. No dwelling shall have a ground floor square foot are of less than Nine Hundred (900) square feet in the case of one-store structures, nor less than Eight Hundred (800) 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. Perpetual easements of seven and one-half feet (7 ½) are granted as shown in the recorded plat of “College Heights” addition for purposes of sewer, water, utilities, and drainage.

J. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until February 1, 1988, 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.

K. 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 February 1, 1988, 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 due for such violation.

L. All wiring including television, electrical, and telephone shall be installed underground and wire installed by anyone other than the City of Denison, Iowa, shall be installed underground.

4. Sidewalks shall be constructed in accordance with plans and specifications and at the grades determined by the City of Denison, Iowa, said sidewalks to be completed within twelve months subsequent to the purchase from the platter, LuVern Sewell, but in any event, no later than February 1, 1971.

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 9th day of February, 1968. (Later dated August 2, 1973 to re-record for corrected errors.)

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR “COLLEGE HEIGHTS” ADDITION TO THE CITY OF DENISON, IOWA

We, the undersigned, being the sole and only owners, legal and equitable, of all the land in “College Heights” Addition to the City of Denison, Iowa, hereby covenant and agree for their benefit, as well as the benefit of all future owners of land in said Addition, that the Covenants and Restrictions for “College Heights” Addition to the City of Denison, Iowa, recorded June 21, 1968, in Book 7, Page 1, and re-recorded August 2, 1973, in Book L, Page 264, may be and the same are hereby amended as follows:

I. Notwithstanding the terms and provisions of said Covenants and Restrictions, and particularly Paragraph 3, a building may be constructed and erected on Lot Ten (10) of said Addition within Eight (8) feet to the side lot lines of said Lot Ten (10).

Dated at Denison, Iowa, this 5th day of October, 1979.