COVENANTS AND RESTRICTIONS FOR THIRD FORT PURDY HILLS SUBDIVISION AN ADDITION 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 Third Fort Purdy Hills Subdivision, an Addition to the City of Denison, Crawford County, Iowa, 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 lot other than on 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 subdivision 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.
4. 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 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 the case of corner lots), adjoining said lot or lots. All sidewalks shall be located, installed, and constructed according to the requirements and specifications of the City of Denison, Iowa.
5. No structure shall be erected, constructed, located, or placed on any lot or lots except it be built and constructed of new materials.
6. No above ground electric, telephone or community antenna system wire, 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.
7. 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 five (5) 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.
8. No dwelling house or residence shall be constructed on any lot or parcel of ground in said Addition unless the ground floor square foot area thereof is: ONE STORY DWELLING HOUSE OR RESIDENCE – 1000 square foot STORY AND A HALF AND TWO-STORY DWELLING HOUSE OR RESIDENCE – 740 square foot
9. No building shall be erected on any lot unless the design and location is in harmony with the existing structures on locations in the Addition and does not violate any protective covenants.
10. No trailer, basement, tent, shack, garage, barn, or other out-buildings placed or erected in said Addition 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.
11. No dwelling house or residence shall be erected or placed on any lot having a width of less than seventy-five (75) 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 8500 square feet.
12. No horses, cattle, coats, sheep, 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.
13. Titleholder to each lot, vacant or improved, shall keep his lot or lots free of weeds and debris and shall be mowed regularly.
14. No farming operations for profit or raising any animals or crops for sale are to be allowed on any lots in said Addition.
15. A perpetual easement for utilities is reserved as is shown in the plat of Third Fort Purdy Hills Subdivision, an Addition to the City of Denison, Crawford County, Iowa, filed herein on this date, and to which these Covenants and Restrictions are attached.
16. 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 said lots.
17. No automobiles, trucks, tractors, campers, recreational vehicles, motorized homes, snowmobiles, motor bikes, motor cycles, or other motorized vehicles or motorized or non-motorized trailers, shall at any time be parked, placed, stored, or otherwise situated on any portion of any lot in front of the rear corners of the residential building, except in the garage, not paved or hard surfaced as a driveway.
18. No vehicles, motorized or non-motorized, described in the preceding paragraph No. 17 not used in daily family or individual transportation shall be parked on any paved or hard surfaced driveway, and outside of the garage, for any period which exceed forty-eight (48) hours, with no two (2) forty-eight (48) hour periods to be closer in succession on any lot than forty-eight (48) hours.
19. No vehicles, motorized or non-motorized, described in the preceding paragraph No. 17, which are inoperable, shall be parked on any driveway, except in the garage, and said vehicles, motorized or non-motorized, shall be parked on any driveway, except in the garage, for repair, maintenance, or servicing.
20. No vehicles, motorized or non-motorized, described in the preceding paragraph No. 17 shall be allowed to be parked at any time in the area between a sidewalk and the adjacent street except on the driveway.
21. No owner or occupant of any residential building shall allow any hedges or bushes higher than four (4) feet to be grown in front of the front corners of any residential building.
22. 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 surround lots; except, of course, that the grantees, heirs, assigns, and purchasers may make the necessary changes in grades so as to permit the proper installation of driveways, sidewalks, proper water drainage and other changes of a similar natures.
23. 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, 1999, at which time and 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.
24. 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 1, 1999, it shall be lawful for any other persons owning any other lot or lots in said development or addition 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.
25. 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.
26. 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 the real estate including Third Fort Purdy Hills Subdivision, an Addition to the City of Denison, Crawford County, Iowa, duly acknowledged and recorded in the Office of the Recorder of Crawford County, Iowa.
Dated at Denison, Crawford County, Iowa, this 11th day of June, 1979.