COVENANTS AND RESTRICTIONS
We, the undersigned, Thomas Shaddy and Doris Shaddy, his wife, the owners of the following described real property, to-wit:
Beginning at a point 33 feet east of the W¼ corner of Section 1, Township 83 North, Range 39 West, thence South 829.6 feet along the East right of way line of the present public highway, thence N 77º 45′ E 380.3 feet along the northerly right of way line of the present public highway, thence N 7º 19′ W 383.2 feet, thence northerly 56.9 feet along a 455 feet radius curve with a long chord bearing N 10º 09½’ W, thence continuing along said 455 feet radius curve with a long chord bearing N 22º 45½’ W 125.0 feet, thence N 52º 25½ W 120.1 feet, thence N 2º 02½’ W 130.0 feet, thence S 87º 57½’ W 165.0 feet along the north line of the SW¼ of said section to the point of beginning, said parcel contains 5.40 acres, more or less,
same being the real property now platted as Oak Park Addition to Denison, Iowa, as said Plat is now recorded in Book 6, Page 58 in the Office of the Crawford County Recorder, hereby make the following declarations as to limitations, restrictions, and uses to which the lots and/or tracts constituting said Addition may be put, hereby specify that said declarations shall constitute covenants to run with all of the land, as provided by law, and shall be binding on all persons and parties claiming under them, and for the benefit of and limitations upon all future owners in said Addition, this declaration of restrictions being designed for the purpose of keeping said Addition desirable, uniform, and suitable in architectural design and use as herein specified.
1. All lots in said Oak Park Addition shall be known and described as residential lots. No structure shall be erected, altered, placed or permitted to remain on any residential building lot or plot other than One (1) detached single family dwelling and a private garage for not more than two cars not to exceed one story or split level in height in lots One (1) through Seven (7) in Block One (1), and split level on Lots One (1) and Two (2).
2. The ground floor area of the main structure, exclusive of one story open porches and garages, shall not be less than Twelve Hundred (1200) square feet in the case of a one story structure. The total area of any split level house exclusive of porch or garage shall be not less than Twelve Hundred (1200) square feet.
3. No building shall be placed on any lot in Block One (1) of said Addition so that any portion shall be closer than Fifty (50) feet to Oak Park Boulevard. No building shall be placed on any lot in Block Two (2) of said Addition so that any portion thereof shall be closer than Fifty (50) feet to 20th Street. No building shall be placed on any lot so that any portion shall be closer than Ten (10) feet to any side line or rear line of said lot.
4. No dwelling house or structure shall be erected until the plans and specifications with the proposed site therefore have been submitted to and approved by Thomas Shaddy and Doris Shaddy, his wife, their assigns or representatives, and a written permit issued therefore.
5. That said premises or any buildings or dwellings erected thereon shall not at any time be used for the purpose of any trade, business, or manufacture, and no signs, billboards, or advertising devices, except those used in the sale of this property, shall be placed on any lot or building in said Addition.
6. That no nuisance or offensive, noisy, or illegal trade calling, or transaction shall be done, suffered, or permitted upon said Addition and no horse, cow, hog, goat, or similar animal shall be kept or maintained on said property or any portion thereof, nor shall any chicken yard be maintained thereon.
7. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under and through them until January 1, 1970, at which time said covenants and restrictions shall be automatically extended for successive periods of Ten (10) years until by vote of the majority of the then owners of the lots, it is agreed to change the said covenants in whole or in part.
8. 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 1, 1970, or during the extension thereof, it shall be lawful for any other person or persons owning any other lot or lots in said development or sub-division 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 also to prevent him or them from so doing or to recover damages or other sums for said violation.
9. In validation of any one of these covenants by judgment or Court order shall in wise affect any of the other provisions which shall remain in full force and effect.
Dated at Denison, Crawford County, Iowa, this 16th day of May, 1960.