We, Rex E. Ruch and wife, Marjorie Ruch, Harold Welch and wife, Ruth Welch, and Hollis Keele and wife, June J. Keele, doing business as H.R.H. Development Company, being the owners of all the land in “Morningside Third Addition” to the City of Denison, Iowa hereby covenant and agree for the benefit of future owners of said land, except that part thereof platted as Outlot A, that we will have included in all deeds and conveyances hereafter made by us to purchasers of said land or lots, except said Outlot A, the following covenants and restrictions:
(a) All lots described herein shall be known, described and used solely as residential lots, no structures 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.
(b) No building shall be erected on any residential building plot nearer than 25 feet to nor farther than 35 feet from the front lot line, nor nearer than five feet to any side lot line. The side line restriction shall not apply to a garage located on the rear one-quarter of a lot, except that on corner lots no structure shall be permitted nearer than 12 feet to the side street line, except that said maximum depth restriction of 35 feet shall not apply to lots 28, 29 and 30 and 31 and 55 and 56, 57 and 58 of said subdivision.
(c) No residential lot shall be subdivided into building plots having less than 5,000 square feet of area or width of less than 50 feet each, nor shall any building be erected on any residence building plot having an area of less than 5,000 square feet.
(d) No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any residence of a temporary character be permitted.
(e) No structure shall be moved onto 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 is in harmony with existing structures and locations in the tract and does not violate any Protective Covenants and restrictions. In any case no dwelling shall have a ground floor square foot area of less than 672 square feet in the case of a one story structure nor less than 576 square feet in the case of a one and one-half or two story structure.
(g) 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.
(h) A perpetual easement is reserved over the rear five feet of each lot for utility installation and maintenance.
(i) These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1975, at which time said covenants and restrictions shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then owners of the lots it is agreed to change the said covenants and restrictions 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 or restrictions herein before January 1975, it shall be lawful for any other person or persons owning any other lot or 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.
(k) Invalidation of any one of these covenants and restrictions by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
AMENDMENT OF COVENANTS & RESTRICTIONS OF MORNINGSIDE THIRD ADDITION TO THE CITY OF DENISON
Twelve of the property owners have voted to amend the Covenants and Restrictions to permit the placement of modular housing upon the lots in the addition.
The twelve consenting property owners represent a majority of the property owners in the addition and the Covenants & Restrictions are hereby amended to permit the location of high quality modular housing on the lots in the addition.