COVENANTS AND RESTRICTIONS FOR PARK WEST ADDITION TO THE CITY OF DENISON, IOWA

I, Carl N. Johnson, President of Johnson Drug, Inc., it being the owner of all the land in Park West Addition in the City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land it will have included in all deeds and conveyances hereafter made by it to purchasers of said land or lots, by a reference to the filing of this document, the following covenants and restrictions:

(A) All lots described herein shall be known, described and used as residential lots, and no structure shall be erected on any residential building lot other than:

1. A one detached single family dwelling not to exceed two stories in height, and
2. A one to three car garage or carport which if constructed may be attached or separate from the dwelling place.

(B) Lots Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15) may also be known, described and used as multiple family residential lots and any multiple structure erected on said lots shall be:

 1. A multiple family dwelling constructed in accordance with Chapter 499B of the 1979 Code of Iowa and in accordance with zoning ordinances of the City of Denison, Iowa.
2. A one car garage or carport for each unit of the multiple family dwelling which if constructed may be attached or separate from the dwelling place and shall be constructed in accordance with Chapter 499B of the 1979 Code of Iowa, and in accordance with zoning ordinances of the City of Denison, Iowa.

(C)

1. No building shall be erected on lots numbered 1 through 6 inclusive nearer thanfifty (50) feet from the front lot line, nor nearer than eight (8) feet from any side line.
2. No buildings shall be erected on lots numbered 7 through 17 inclusive nearer than thirty (30) feet from the front lot line nor nearer than eight (8) feet from any side lot line.
3. The side lot line restrictions shall not apply to a garage or carport located on therear one-quarter of a lot, except that on corner lots no structure shall be permitted nearer than twenty (20) feet to the side street line.

(D) No trailer, basement, tent, shack, garage, barn or other outbuilding shall at anytime be erected or used as a residence, either temporary or permanent, nor shall any residence of a temporary character be permitted.

(E) All structures shall be of new construction.

(F) No building shall be erected on any lot unless the design and location are in harmony with existing structures and locations in the tract and does not violate protective covenants. In any case, no dwellings shall be permitted on any lot described herein, having an area of less than One Thousand Three Hundred (1,300) square feet of living area on the main level of the dwelling. These dimensions shall apply to each single family structure and to each unit within a multiple family structure.

(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 an annoyance or nuisance to the neighborhood.

(I) A perpetual easement five (5) feet wide on all side lot lines and ten (10) feet wide on all rear lot lines of each lot is reserved for utility installation and maintenance and drainage when applicable leading from the street to the garage or carport.

(J) These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1990, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of the 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 or restrictions herein before January 1, 1990, it shall be lawful for any other person or persons owning any other lots in said development of 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 doing so or to recover damages or other dues for such violation.

(L) Invalidation of any of these covenants by judgment or other order shall in no way affect the other provisions which shall remain in full force and effect.

Dated at Denison, Iowa, this 14th day of August, 1979.

 

AMENDMENT TO COVENANTS AND RESTRICTIONS FOR PARK WEST ADDITION TO THE CITY OF DENISON, IOWA

The undersigned, Carl Johnson, single, contract seller, and Eugene D. Zenk, Sr., President of Gene Zenk Agency, Inc., contract buyer, being the sole owner of the area platted as Park West Addition to the City of Denison, Iowa, hereby covenant and agree to amend, for the benefit of future owners of said land, the covenants and restrictions now presently filed for Park West Addition to the City of Denison, Iowa, which covenants are filed in the Office of the Recorder of Crawford County, Iowa, as follows:

1. Paragraphs A, B, and C of the original covenants are hereby deleted, and in place of these paragraphs the following is substituted by this amendment.
A. All lots described herein shall be known, described and used as residential lots and no structure shall be erected on any residential building lot other than:

1. A one detached single family dwelling not to exceed two stories in height and a one to three car garage or carport which may be attached or separate from the dwelling place.
2. A multiple family dwelling constructed in accordance with Chapter 499B of the 1979 Code of Iowa and in accordance with the zoning ordinances of the City of Denison; and a one car garage or carport for each unit of the multiple family dwelling, which if constructed, may be attached or separate from the dwelling place, and shall be constructed in accordance with Chapter 499B of the 1979 Code of Iowa and in accordance with the zoning ordinance of the City of Denison, Iowa.

B. Any single family dwelling which might be constructed shall be erected no nearer than twenty-five (25) feet from the front or rear lot line nor nearer than six (6) feet from any side lot line, and no multiple family dwelling shall be erected nearer than twenty-five (25) feet from the front and rear lot lines nor nearer than six (6) feet from any side lot line, if the multiple family structure is one story in height; nor nearer than eight (8) feet from any side lot line if the multiple family structure is two (2) stories in height; nor nearer than ten (10) foot from the side lot line if the multiple family structure is three (3) stories in height.

The side lot line restrictions shall not apply to a garage or carport located on the rear one-quarter of the lot, except that on corner lots no structures shall be permitted nearer than fifteen (15) feet to the side street line.

2. Paragraph F of the original covenants is hereby deleted and in place of this paragraph the following is substituted by this amendment:

No buildings shall be erected on any lot unless the design and location are in harmony with existing structures and locations in the tract, and do not violate protective covenants. In any case, no single family dwelling shall be permitted on any lot described herein having an area of less than eight hundred fifty (850) square feet of living area on the main level of the dwelling, and no multiple family dwelling shall be permitted on any lot described herein having a per unit area of less than five hundred square feet if it is a one bedroom unit; having an area of six hundred (600) square feet of living area if it is a two bedroom unit; having an area of seven hundred (700) square feet of living area if it is a three or greater bedroom unit.

3.The following paragraphs are added to the original covenants and made a part hereof.

M. All utilities, wires, pipes and other connections must be run underground. This includes but is not limited to electricity, water, telephone, sewer, natural gas and cable television.
N. No junked vehicles, stored vehicles, or vehicles being repaired shall be located outdoors on any single family or multiple family dwelling lot.
O. In the event an individual owner of a multiple family dwelling shall rent one or more units as apartments, the owner shall have the obligation of notifying the tenants of these covenants and restrictions by providing them with a written copy of the same.
P. Any outside garbage receptical located on lots containing multiple family dwelling units must be enclosed in a covered structure designed to be in harmony with all other buildings in this addition.
Q. No owner of any single family dwelling unit, multiple family dwelling unit and no tenant of any multiple family dwelling unit shall allow dogs to run at large within Park West Addition, nor to permit such animal to pass on the premises of another, thereby causing damage to or interference with the premises.

IT IS FURTHER UNDERSTOOD AND AGREED that all deeds and covenants hereinafter made by us to purchasers of said land or lots shall by reference refer to the filling of covenants and restrictions for Park West Addition to the City of Denison, Iowa as amended by this document.

Dated this 26th day of February, 1981.

 

SECOND AMENDMENT TO COVENANTS AND RESTRICTIONS FOR PARK WEST ADDITION TO THE CITY OF DENISON CRAWFORD COUNTY, IOWA

The undersigned, Carl Johnson, single, Contract Seller, and Eugene D. Zenk, as President of Gene Zenk Agency, Inc., an Iowa Corporation, Contract Buyer, comprising and being all of the owners of certain real estate known and platted as Park West Addition to the City of Denison, Crawford County, Iowa, do hereby covenant and agree to amend for the benefit of ourselves and for the benefit of future owners of said real estate, the Covenants and Restrictions now filed with the Crawford County Recorder as well as the Amendment to Covenants and Restrictions also on file with the Crawford County Recorder, as follows:

1. Paragraph 1 of the original Covenants and Restrictions as filed herein is hereby amended by deleting the same and putting in place of said Paragraph 1, the following:

1. A perpetual easement five (5) feet wide on all side lot lines and ten (10) feet wide on all rear lot lines shall be and is reserved for utility installation and maintenance and, drainage when applicable, leading from the garage or carport to the street. For purposes of determining where said side and rear lot lines are located, a determination of their location shall be made at the time of sale of each of the lots in Park West Addition, and upon the sale of each lot, the side and rear lot lines of the lot sold, shall be determined and located for purposes of designating the location of the easements as provided for in this paragraph.

It is agreed that the remainder of the Covenants and Restrictions for Park West Addition to the City of Denison, Crawford County, Iowa, as previously amended, are affirmed.

Dated this 9th day of March, 1981.

 

THIRD AMENDMENT TO COVENANTS AND RESTRICTIONS FOR PARK WEST  ADDITION TO THE CITY OF DENISON CRAWFORD COUNTY, IOWA

The undersigned, Gene Zenk Agency, Inc., an Iowa Corporation, comprising and being the sole owner of certain real estate known and platted as Park West Addition to the City of Denison, Crawford County, Iowa, does hereby covenant and agree to amend for the benefit of said owner and for the benefit of future owners of said real estate, the Covenants and Restrictions now filed with the Crawford County Recorder as well as the Amendment and Second Amendment to Covenants and Restrictions, both also being on file with the Crawford County Recorder, as follows:

1. Paragraph A as found under the Amendment to Covenants and Restrictions for Park West Addition to the City of Denison, Iowa is hereby deleted, and in place of said Paragraph, the following is substituted by this Amendment: A. All lots described herein shall be known, described and used as residential lots and no structure shall be erected on any residential building lot other than: 1. A detached single family dwelling not to exceed two stories in height and a one to three car garage or car port which may be attached or separate from the dwelling place. 2. A multiple family dwelling constructed in accordance with the zoning Ordinances of the City of Denison; and a one car garage or carport for each unit of the multiple family dwelling, which, if constructed, may be attached or separate from the dwelling place, and the same shall be constructed in accordance with the zoning Ordinances of the City of Denison, Iowa.

2. It is agreed that the remainder of the Covenants and Restriction for Park West Addition to the City of Denison, Crawford County, Iowa, as amended by both the First and Second Amendment to the Covenants and Restrictions, are hereby affirmed.

Dated this 1st day of June, 1981.