COVENANTS AND RESTRICTIONS FOR “FIRST BEL AIRE HEIGHTS ADDITION” TO THE CITY OF DENISON, IOWA

We, Louis A. McFarling and Hiroko McFarling, husband and wife, being the owners of the following described land, to-wit:

A parcel of land located in the N ½ NW¼ NW¼, Section 12, T83N R39W of the 5th P.M., Crawford County, Iowa, is described as follows:

Beginning at the SW corner of said N ½ NW¼ NW¼, said point being 660.0 ft. south of the NW corner of said Section 12, thence easterly 765.0 ft. along the south line of said N ½ NW¼ NW¼, thence north 170.0 ft. along a line parallel with the west line of said NW¼, thence easterly 10 ft. parallel with the south line of said N ½ NW¼ NW¼, thence north 100.0 ft. parallel with the west line of said NW¼, thence westerly 520.0 ft parallel with the south line of said N½ NW¼ NW¼, thence south 25.0 ft. parallel with the west line of said NW¼, thence westerly 105.0 ft. parallel with the south line of said N ½ NW¼ NW¼, thence north 30.0 ft. parallel with the west line of said N½ NW¼ NW¼ to a point on the west line of said NW¼, thence south 275.0 ft. along the west line of said NW¼ to the point of beginning. Said parcel contains 4.72 acres, more or less.

hereafter known as “First Bel Aire Heights Addition” to the City of Denison, Iowa, hereby covenant and agree for the benefit of all future owners of said land that we will have included in all deeds and conveyances hereafter made to all purchasers of said land or lots, by reference of the filing of this document, the following covenants and restrictions, to-wit:

A. All lots described herein shall be known, described and used solely as residential lots, and no structure shall be erected on any residential building lot other than one, detached, single family dwelling, not to exceed two stories in height and a one or two car garage or carport.

B. No building shall be erected on any residential building plot nearer than twenty-five (25) 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 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 placed 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 7,500 square feet.

D. 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.

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

F. No building shall be erected on any lot unless the design and location are in harmony with the existing structures and locations in the tract and does not violate protective covenants. In any case, no dwelling shall have a ground floor square feet area of less than nine hundred (900) square feet in the case of one-story structures, nor less than seven hundred and fifty (750) 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. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until April 1, 1982, 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.

J. 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, 1982, 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.

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

Dated at Denison, Iowa, this 20th day of March, 1963.