COVENANTS AND RESTRICTIONS FOR THE “FIFTH RIDGEWAY ADDITION TO THE CITY OF DENISON, IOWA”

We, William Bryce Tucker/also known as W. Bryce Tucker/ and wife, Edna Tucker, being the owners in joint tenancy of all land in Fifth Ridgeway Addition, City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land that we will have included in all deed 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. Lots Eleven (11) to Twenty-one ( 21) inclusive in said addition shall be zoned as an R3 district under the provisions of Section X of the zoning ordinance of the City of Denison, Iowa, as presently defined, and building restrictions shall be governed accordingly.

2. All other lots, except those included in an R3 district, shall be known and described 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 a one or two car garage or car port.

3. Except for those lots in R3 zone:

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 lot line. The side lot line restrictions shall not apply to a garage or car port located on the rear one-quarter of a lot. These restrictions shall apply to all lots in said addition, provided, however, that as to lots ten (10), lots thirty-one through thirty-seven (31-37), lots forty-three through sixty-two (43-62), and eigh_-two through eighty-nine (82-89), inclusive, the building set-back shall not be nearer than thirty-five (35) feet or farther than forty-five (45) feet from the front lot line.

b. No dwelling shall be erected or placed on any lots 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.

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 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 area of less than one thousand (1,000) square feet in the case of one-story structures, nor less than eight hundred fifty (850) 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 easement is granted over the southeast seven and one-half feet (SE 7 ½’) of lots eighty-two through eighty-nine (82-89), inclusive, for sewer, water, utilities and drainage purposes, and across the northwest seven and one-half feet (NW 7 ½’), lot eighty-one (81) for sewer, water, utilities, and drainage purposes. A further easement is granted for sewer, water, utilities and drainage purposes across the west ten fee (W 10′) of lots one through ten (1-10).

j. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until April 1, 1986, 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 April 1, 1986, 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 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 under ground and wires installed by anyone other than the City of Denison, Iowa, shall be installed under ground.

m. Lot ten (10), lot fifty-six (56), and lots thirty-one through thirty-seven (31-37), lots forty-eight through fifty-five (48-55) inclusive, shall have twelve hundred (1,200) square feet of ground living area excluded the garage.

4. 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 owners, William Bryce Tucker, also known as W. Bryce Tucker, and wife, Edna Tucker.

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 27th day of may, 1966.

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR “FIFTH RIDGEWAY ADDITION TO THE CITY OF DENISON, IOWA”

We, William Bryce Tucker and wife, Edna Tucker, Harold Stender, and Loren Schultz, being the sole owners of all legal and equitable titles in Fifth Ridgeway Addition to the City of Denison, Iowa, hereby agree to the amendment of Covenants and Restrictions for Fifth Ridgeway Addition to the City of Denison, Iowa, as previously filed, by the elimination, cancellation and voiding of that portion of paragraph 3a. of said Covenants and Restrictions which reads as follows:

“These restrictions shall apply to all lots in said addition, provided, however, that as to Lots ten (10), lots thirty-one through thirty-seven (31-37), lots forth-three through sixty-two (43-62), and eighty-two through eighty-nine (82-89), inclusive, the building set back shall not be nearer than thirty-five (35) feet or farther than forty-five (45) feet from the front lot line.”

Dated at Denison, Iowa, this 17th day of July, 1967.

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR “FIFTH RIDGEWAY ADDITION TO THE CITY OF DENISON, IOWA”

We, William Bryce Tucker and wife, Edna Tucker, Harold Stender, Loren Schultz and wife, Carole Rae Schultz, being the sole owners of all legal and equitable titles in Fifth Ridgeway Addition to the City of Denison, Iowa, hereby agree to amend the Covenants and Restrictions for Fifth Ridgeway Addition to the City of Denison, Iowa, as previously filed and amended by cancelling subparagraph f. of said restrictions and substituting therefor the following paragraph:

f. No dwelling shall have a ground floor square foot area of less than one thousand (1,000) square feet in the case of one-story structures, nor less than eight hundred fifty (850) square feet in the case of one and one-half or two story structures, provided, however, as to Lots five (5), six (6), seven (7), eight (8), eleven (11), twelve (12), thirteen (13), seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29), seventy-three (73), seventy-four (74), seventy-five (75), seventy-six (76), seventy-seven (77), seventy-eight (78), seventy-nine (79), no dwelling on said lots shall have a ground floor square feet area of less than 912 square feet in the case of one-story structures, nor less than 800 square feet in the case of one and one-half or two story structures.

Dated at Denison, Iowa, this 10th day of August, 1968.