COVENANTS AND RESTRICTIONS FOR COUNTRY CLUB ESTATES SECOND ADDITION TO THE CITY OF DENISON, IOWA

R & B Development, Ltd., being the owners of all land in the “Country Club Estates Second Addition to the City of Denison, Iowa” hereby covenant and agree for the benefit of future owners of said land that we will have included in all deeds and conveyances hereafter made by us to purchasers of said land or lots, by a reference to the filing of this document, the following covenants and restrictions, to-wit:

1. All lots shall be known and described R-1 and used solely as residential lots and no structure shall be erected thereon other than one detached, single-family dwelling not exceeding two stories in height with not less than a two car garage.

2. In addition to the above restrictions:

a. No building shall be erected on any residential building plot nearer than thirty (30) feet to nor further than forty (40) feet from the front lot line, nor nearer than ten (10) feet to any side lot line. These restrictions shall apply to all lots in said addition.

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 or assembled on the premises.

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

e. No dwelling shall have a ground floor square foot area of less than one thousand five hundred (1500) square feet in the case of one-story structures, not less than one thousand one hundred (1100) square feet in the case of a one and one-half or two story structures.

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

g. 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.

h. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until at which time the said covenants shall be automatically extended for successive periods of twenty (20) 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.

i. 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 5, 2001, 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 prevent him or them from so doing or to recover damages or other due for such violation.

j. All wiring including televisions, electrical, and telephone shall be installed underground and wires installed by anyone other than the City of Denison, Iowa, shall be installed underground.

k. 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 Roger H. Siemer and Barbara J. Siemer as to outward appearances and design, and a written permit issued therefore; provided, however, that if the approving authority fails to approve or disapprove such plans and specifications within sixty (60) days after same have been submitted, or if no suit to enjoin the erection of such structures has been commenced prior to the completion thereof, such approval shall be required.

l. All dwellings shall have shake shingles for roof coverings unless permission for a substitute has been given and approved by Roger H. Siemer and Barbara J. Siemer.

3. Sidewalks shall be constructed in accordance with the plans, specifications, and at the grade determined by the City of Denison, Iowa, said sidewalks to be completed within twelve months subsequent to the purchase from the platting owner, R & B Development, Ltd.

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

Dated at Denison, Iowa, this 4th day of August, 1981.

R & B DEVELOPMENT, LTD.
By: Roger H. Siemer, President
By: Barbara J. Siemer, Secretary