COVENANTS AND RESTRICTIONS FOR LOTS ONE (1) THROUGH FORTY-SEVEN (47), INCLUSIVE, FORT PURDY HILLS SUB DIVISION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA.

We, Robert Badding and Joan Badding, his wife, being the owners in joint tenancy of all of the land included in Fort Purdy Hills Sub Division, Lots One (1) through Forty-seven (47), inclusive, hereby Covenant and Agree for the benefit of future owners of said land that the same shall be subject to the following covenants, restrictions and limitations as to the improvements and use thereof, to-wit:

1. All lots described herein shall be known, described and used solely as residential lots. 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 garage to hold not more than three automobiles.

2. No building in this sub-division shall be used for any illegal, noxious or offensive trade or activity, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

3. No building shall be erected and located on any lot nearer than thirty (30) feet from the front property line and ten (10) feet from the side property line, nor further than forty (40) feet from the front lot line. Where the said property line is also a street line, the minimum distance of any part of the building from said line shall be thirty (30) feet. Where the side property line is also a street line, the minimum distance from said line shall be thirty (30) feet.

3a. Prior to the occupancy of any dwelling house or residence, the owner of the lot or lots or portions of lots upon which said house is situated, shall cause to be installed and constructed a concrete sidewalk or sidewalks (in the case of corner lots), across said lot or lots from one side lot line to the other side lot line, so as to run parallel to the street or streets (in case of corner lots), adjoining said lot or lots. All sidewalks shall be located, installed and constructed according to the requirements of specifications of the City of Denison, Iowa.

3b. The owner or occupant of any residential building, lot or lots shall not allow or permit any automobile, truck, truck tractor, or truck trailer, to be parked on said lot or lots except in a garage located thereon or on the driveway leading to said garage, and none of the same shall be allowed to be parked on the driveway for the purposes of repair or storage.

3c. No structure shall be erected, constructed, located or placed on any lot or lots except it be built and constructed of new materials.

4. Any and all garages erected on said lots which are attached to the main building shall be at least ten (10) feet or more from the rear lot line and ten (10) feet or more from the side lot line. Any and all garages erected on said lots which are not attached to the main building shall be at least two (2) feet or more from the side lot line and ten (10) feet or more from the rear lot line, all garages shall conform architecturally with the residence constructed on the respective lot.

5. No dwelling house or residence shall be constructed on any lot or parcel of ground in said addition unless the ground floor area thereof is as follows:

One Story Dwelling House or Residence:
A. Lots twelve (12) through thirty-two (32), inclusive: 1,000 square feet
B. Lots thirty-three (33) through forty-two (42), inclusive: 1,100 square feet
C. Lots one (1) through eleven (11), inclusive and lots forty-three (43) through forty-seven (47), inclusive: 1,200 square feet

Story and a Half and Two Story Dwelling House or Residence:
A. Lots twelve (12) through thirty-two (32), inclusive: 800 square feet
B. Lots thirty-three (33) through forty-two (42), inclusive: 900 square feet
C. Lots one (1) through eleven (11), inclusive and lots forty-three (43) through forty-seven (47), inclusive: 1,000 square feet

6. No building shall be erected on any lot unless the design and location is in harmony with the existing structures on locations in the sub-division and does not violate any protective covenants.

7. No trailer, basement, tent, shack, garage, barn or other out-buildings placed or erected in said sub-division shall at any time be used as a residence, temporary or permanent, nor shall any structure of a temporary nature be used as a residence.

8. No dwelling house or residence shall be erected or placed on any lot having a width of less than seventy (70) feet at the minimum building said back line, nor shall any dwelling be erected or placed on any lot having an area of less than 8,500 square feet.

9. No horses, cattle, goats, sheep, swine, poultry, or any other farm animals, shall be kept on any lot or parcel of ground in said addition. It is understood, however, that cats and dogs kept as pets shall not be construed as farm animals.

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

11. A perpetual easement is reserved as is shown in the plat of Fort Purdy Hills Sub Division to the City of Denison, Crawford County, Iowa, filed herein on this date, and to which these Covenants and Restrictions are attached.

12. No farming operations for profit or raising any animals or crops for sale are to be allowed on any lots in said sub division.

13. No fence of any nature, kind, or type higher than three (3) feet shall be constructed, erected or maintained on any of the said lots in the area immediately in front of any dwelling or residence placed on any of said lots.

14. No change in the elevation of the lots or parcels of ground or the grades, contours, or elevations or slopes shall be made so as to violate the general plan of the landscape architect in fixing and establishing said grades, contours, elevations and slopes with respect to views of terrain and surrounding lots or proper drainage from or through said surrounding lots; except, of course, that the grantees, heirs, assigns and purchasers may made the necessary changes in grades so as to permit the proper installation of driveways, sidewalks, proper water drainage and other changes of a similar nature.

15. These covenants, restrictions and limitations are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1987, at which time said covenants, restrictions and limitations shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the then owners of said lots, it is agreed to change the said covenants and restrictions and limitations, in whole or in part.

16. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants, restrictions or limitations herein before January 11, 1987, it shall be lawful for any other person or persons owning any other lot or lots in said development or sub-division to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, restrictions or limitations and either to prevent him or them from so doing or to recover damages or other dues from such violation.

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

18. It is mutually agreed and understood that the foregoing covenants, restrictions and limitations may be altered, amended or revoked by mutual written agreement of all of the owners of all of the real estate included in lots one (1) through forty-seven (47), inclusive, of Fort Purdy Hills Sub Division to the City of Denison, Crawford County, Iowa, dully acknowledged and recorded in the office of the Recorder of Crawford County, Iowa.

Dated at Denison, Crawford County, Iowa, this 7th day of March, 1966.

 

AMENDMENT TO COVENANTS AND RESTRICTIONS

We, the undersigned, being the sole and only owners of all the real estate included in Lots One (1) through Forty-seven (47), inclusive, of Fort Purdy Hills Sub-division to the City of Denison, Crawford County, Iowa, do hereby COVENANT and AGREE that the Covenants and Restrictions for Lots One (1) through Forty-seven (47), inclusive, Fort Purdy Hills Sub-division to the City of Denison, Crawford County, Iowa, now of record shall be amended by adding thereto the following numbered paragraph, to-wit:

3d. No above ground electric, telephone or community antenna system wires, cables or poles transmitting or carrying electrical power or impulses shall be constructed, erected, maintained or permitted to cross or intersect any of said lots.

Dated at Denison, Crawford County, Iowa, this 26th day of October, 1966.

 

SECOND AMENDMENT TO COVENANTS AND RESTRICTIONS

We, the undersigned, being the sole and only owners of all the real estate included in Lots One (1) through Forty-seven (47), inclusive, of Fort Purdy Hills Sub-division to the City of Denison, Crawford County, Iowa, do hereby COVENANT and AGREE that the Covenants and Restrictions for Lots One (1) through Forty-seven (47), inclusive, Fort Purdy Hills Sub-division to the City of Denison, Crawford County, Iowa, now of record shall be amended by striking therefrom the following numbered paragraph, to-wit:

5c. Lots One (1) through Eleven (11), inclusive and Lots Forty-three (43) through Forty-seven (47), inclusive: 1,200 square feet.

And by substituting in lieu thereof under the heading of “One Story Dwelling House or Residence” the following paragraph, to-wit:

5c. Lots One (1) through Five (5), inclusive: 1,200 square feet; Lots Six (6) through Nine (9), inclusive: 1,150 square feet; and Lots Ten (10) and Eleven (11): 1,100 square feet.

Dated at Denison, Crawford County, Iowa, this 17th day of November, 1966.