COVENANTS AND RESTRICTIONS For Lots One (1) Through Four (4), Inclusive
JOHNSON ADDITION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA

We, Wayne R. Johnson and Margaret M. Johnson, husband and wife, being the owners in joint tenancy of all of the land included in Johnson Addition to the City of Denison, Crawford County, Iowa, Lots One (1) through Four (4), 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 described and used solely as residential lots. No structure shall be erected on any residential building lot other than a 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 North 20th Street than the Building Setback Line as the same appears on the Plat of the subdivision, not further than ten (10) feet from the Building Setback Line; nor nearer than fifteen (15) feet from the side property line.

4. When ever required by resolution of the City Council of Denison, Iowa, the owner of any lot or lots, or portions of lots in said Addition, shall cause to be constructed and installed a concrete sidewalk across said lot or lots from one side lot line to the other side lot line, so as to run parallel to the street, 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, and under the supervision and direction of the City Engineer.

5. The owner or occupant of any residential building, lot or lots shall not allow or permit any automobile, truck, truck-tractor, truck-trailer, mobile home, trailer, or boat to be parked on said lot or lots except in the 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.

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

7. No above ground electric, telephone or community antenna systems 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, except such as are now in place.

8. Any and all garages erected on said lots shall be attached to the main building and shall be at least fifteen (15) feet or more from the side lot lines. All garages shall conform architecturally with the residence constructed on respective lot.

9. No family dwelling house or residence, exclusive of garage, shall be erected, altered, placed, constructed or permitted to remain on any residential building lot in said Addition unless the ground floor square foot area thereof is as follows:

A. For all one story ranch style residences, the minimum square footage area shall be 1600 square feet.
B. For all split-level foyer residences, the minimum square footage shall be not less than 1300 square feet on the first floor with 500 square feet finished in the lower level.
C. For all two story or story and one-half residences, there shall be a minimum of 1100 square feet on the ground floor and 800 square feet on the upper story or stories.

10. 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 violated any protective covenants.

11. 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.

12. Only one (1) dwelling house or residence shall be erected, placed, constructed or permitted on each of the four (4) lots in said Addition.

13. No horses, cattle, goats, sheep, swine, poultry, or any other farm animals, shall be kept or maintained 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.

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

15. No farming operations for profit or raising any animals, domestic or otherwise, or crops for sale are to be allowed on any lots in said Addition.

16. A perpetual utility easement is reserved as is shown in the plat of Johnson Addition to the City of Denison, Crawford County, Iowa, filed herein on this date, and to which these Covenants and Restrictions are attached.

17. No artificial fence of wood, steel, iron, or stone, shall be constructed, erected or maintained in that portion of the yard from the front of the dwelling house or residence to the street. No fence over four (4) feet in height shall be constructed, maintained, erected or place in any portion of the yard upon which fences are allowed.

18. No change in 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 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 nature.

19. 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, 1996, 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.

20. 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, 1996, it shall be lawful for any other person or 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 violated 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 violations.

21. 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.

22. 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 Four (4), inclusive, of Johnson 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 21st day of April, 1976.

 

AGREEMENT TO MODIFY COVENANTS AND RESTRICTIONS FOR LOTS ONE (1) THROUGH FOUR (4), INCLUSIVE
JOHNSON ADDITION TO THE CITY OF DENISON, CRAWFORD COUNTY, IOWA

1. Provision No. 3 of said Covenants and Restrictions is hereby deleted in its entirety and replaced with the following provision:

“3. No building shall be erected and located on any lot nearer North 20th Street than the Building Setback line as the same appears on the Plat of the subdivision, nor further than ten (10) feet from the Building Setback Line; nor nearer than fifteen (15) feet from the side property line.”

2. Provision No. 9 of said Covenants and Restrictions is hereby deleted in its entirety and replaced with the following provision:

“9. No family dwelling house or residence, exclusive of garage, shall be erected, altered, placed, constructed or permitted to remain on any residential building lot in said Addition unless the ground floor square foot area thereof is as follows:

A. For all one story ranch style residences, the minimum square footage area shall be 1600 square feet.

B. For all split-level foyer residences, the minimum square footage shall be not less than 1300 square feet on the first floor with 500 square feet finished in the lower level.

C. For all two story or story and one-half residences, there shall be a minimum of 1300 square feet on the ground floor and 400 square feet on the upper story or stories.”

3. In all other respects, the Covenants and Restrictions for Lots One (1) through Four (4), inclusive, of Johnson Addition to the City of Denison, Crawford County, Iowa, dated April 21, 1976, are hereby ratified and confirmed.