COVENANTS AND RESTRICTIONS FOR NORTHWOOD HEIGHTS SUBDIVISION OF THE SE1/4 OF THE SW1/4 AND THE SW1/4 SE1/4 OF SECTION 35, TOWNSHIP 84 NORTH, RANGE 39, WEST OF THE 5TH P.M., CRAWFORD COUNTY, IOWA
Kenneth E. Schwarte and Rose H. Schwarte, husband and wife, and Northwood Incorporated, a corporation organized and existing under the laws of the State of Iowa and having its principal place of business at Denison, Crawford County, Iowa, being the owners of all of the land in Northwood Heights Subdivision of the SE¼ of the SW¼ and the SW¼ of the SE¼ of Section 35, Township 84 North, Range 39, West of the 5th P.M., Crawford County, Iowa, hereby covenant and agree for the benefit of the future owners of said land that the following covenants and restrictions shall be covenants running with the land constituting said subdivision:
1. All lots in said subdivision shall be used solely for residential purposes and no lot shall be used for any commercial, industrial or agricultural use. Ordinary household gardens and home occupations shall, however, be permitted. As used in these covenants and restrictions, the term “home occupation” means an occupation or profession which:
(a) is customarily carried on in a dwelling, and
(b) is carried on by a member of the family residing in the dwelling, employing no persons outside of the immediate family residing on the premises, and
( c) is clearly incidental and secondary to the use of dwelling for residential purposes, and
(d) has no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the dwelling, and
(e) has not more than one exterior sign mounted flush with the face of the dwelling, which sign does not exceed one square foot in area, and
(f) produces no offensive noise, vibration, smoke, dust, odor, heat or glare rendering such occupation or profession objectionable or detrimental to the residential character of the neighborhood, and causes no electrical interference with radio or television reception in the neighborhood.
2. No structure shall be erected on any lot in said subdivision other than one detached single-family dwelling, one garage and one storage building. Each lot occupied for residential purposes shall have a garage for at least two automobiles. No dwelling shall have a height in excess of two stories plus a walk-out basement. No detached garage or storage building shall exceed one story in height and each such detached garage or storage building shall match the design and decor of the dwelling.
3. No building shall be erected nearer than 30 feet to the front lot line or nearer than 10 feet to any side lot line.
4. Each dwelling consisting of not more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 1,400 square feet. Each dwelling consisting of more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 1,000 square feet and a second floor living area of not less than 500 square feet.
5. No horses, cattle, goats, sheep, hogs, poultry or other farm animals shall be raised or kept in said subdivision. No animal of any kind shall be raised or kept for sale. No more than two dogs shall be kept on any lot. The owner of any dog kept in said subdivision shall at all times restrain the dog from running at large, from causing damage to or interfering with private or public property, and from causing a disturbance by howling, yelping, whining or barking.
6. No trailer, basement, tent, shack, garage, barn or other outbuilding 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.
7. No used structure shall be moved onto any lot in said subdivision. All structures shall be of new construction built or assembled on the premises.
8. No building shall be erected in said subdivision unless the design, location and grade with respect to surrounding lots are in harmony with existing structures and locations in said subdivision.
9. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris.
10. No noxious or offensive trade shall be carried on upon any lot in said subdivision or shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
11. An easement for the installation and maintenance of utilities is reserved on the lots in said subdivision as shown on the plat. No structure, planting or other obstruction which may damage or interfere with the installation or maintenance of utilities shall be place or permitted to remain in the easement area of any lot.
12. All electrical, telephone and cable television wires and cables installed in said subdivision shall be installed underground.
13. These covenants and restrictions shall run with the land whether or not reference to them is made in any deed or other instrument affecting the land and they shall be binding upon the above named owners and upon all persons or having possession of any land in said subdivision until July 1, 1996. After July 1, 1996, these covenants and restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by the owners of a majority of the lots in said subdivision and agreeing to change these covenants and restrictions has been recorded.
14. If the above named owners or any person owning or having possession of any land in said subdivision shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for any person or persons owning or having possession of any land in said subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenants or restriction, either to prevent him or them from so doing or to recover damages or other dues from such violation.
15. Invalidation of any of these covenants and restrictions by judgment or other order shall in no wise affect any of the other provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF we have cause this instrument to be duly executed this 8th day of October, 1976.