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

We, William Bryce Tucker and wife, Edna Tucker, being the owners in joint tenancy of all land in Fourth Ridgeway Addition, City of Denison, Iowa, hereby covenant and a 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:

A. All lots described herein shall be known, described and used solely as residential lots, and no structure shall be erected on any 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. Except as hereinafter specified no building shall be erected in any residential building plot nearer than twenty-five (25) feet to, nor farther than forty (40) feet from, the front lot line or nearer than ten (10) feet to any side lot line. However, as to lots seven (7) and eight (8) in block two (2) and lots seven (7) and eight (8) in block four (4), no building shall be erected on said lots nearer than twenty-five (25) feet to, nor farther than forty-five (45) feet from, the front lot line nor nearer than ten (10) feet from any side lot line. With respect to block three (3) no building shall be erected nearer than thirty (30) feet to, nor farther than forty-five (45) feet from, the front lot line nor nearer than ten (10) feet to any side lot line and all homes in block three (3) shall have at least fifteen hundred (1,500) square feet of ground floor living area if they are one story home and if said homes are one and one-half or two story homes said homes must have a least thirteen hundred (1,300) square feet or more of gound floor living area. In measuring said area requirements basement and garage areas are not to be included.

C. No dwelling shall be erected or placed on any lot having a width of less than seventy (70) feet at the minimum building setback 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 strictures and locations in the tract and do no violate protective covenants. In any case, no dwelling shall have a ground floor square foot area of less than nine hundred and sixty (960) square feet in the case of a one story structure, 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 and annoyance or nuisance to the neighborhood.

I. A perpetual easement is reserved over the rear seven and one-half (7 ½) feet of all lots in block three (3) and along east side of lot one (1) in block five (5); and the east side of lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8) and twelve (12) in block four (4); and along the south side of lots two (2), three (3) and four (4) in block one (1); and along the west side of lots one (1), eight (8), nine (9) and twelve (12) in block two (2) and along the south side of lots one (1), two (2), and three (3) in block two (2) and along the north side of lots four (4), seven (7) and eight (8) in block two (2); and the north side of lot six (6) and the south side of lot five (5) in block two (2) and along the east side of lot eight (8) in block three (3) and along the west side of lot nine (9) in block three (3) and the east side of lot ten (10) in block three (3) and along the west side of lots one (1) and two (2) in block one (1).

J. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 1984, 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 January 1, 1984, it shall be lawful for any other persons or person 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 covenants or restrictions, 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 affect any of the other provision which shall remain in full force and effect.

Dated at Denison, Iowa, this 30th day of December, 1963.