COVENANTS, RESTRICTIONS, CONDITIONS AND EASEMENTS PERTAINING TO RIVER VIEW ESTATES SUBDIVISION OF LOT ONE (1) OF THE SUBDIVISION OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE¼ NE¼) OF SECTION TWENTY-SEVEN (27), TOWNSHIP EIGHTY-THREE (83) NORTH, RANGE THIRTY-NINE (39), WEST OF THE FIFTH P.M., CRAWFORD COUNTY, IOWA.
We, Louis A. McFarling and wife, Hiroko McFarling, being the sole owners of all of the land in River View Estates Subdivision of the Subdivision of Lot One (1) of the Subdivision of the Northeast Quarter of the Northeast Quarter (NE¼ NE¼) of Section Twenty-seven (27), Township Eighty-three (83) North, Range Thirty-nine (39), West of the 5th P.M., Crawford County, Iowa, do hereby covenant and agree that the following covenants and restrictions shall pertain to the above described real estate and are made for the benefit of future owners of said land and that as present owners we will make reference to said covenants and restrictions in all deeds or conveyances hereafter made by us, said covenants and restrictions to apply to Lots One (1) through Nineteen (19), inclusive, of said River View Estates Subdivision:
Part A. Preamble
1. These Covenants shall apply to lots One (1) through Nineteen (19), inclusive, all in River View Estates Subdivision, as surveyed, platted and recorded in Crawford County, Iowa.
2. Nothing herein contained shall in any way be construed as imposing upon the undersigned any liability, obligation or requirement for the enforcement of this instrument or any of its provisions by the undersigned, except at the option of the undersigned.
Part B. Residential Area Covenants
1. No lot shall be used except for residential purposes, except such lots, or portions thereof, as may hereafter be conveyed or dedicated by the undersigned for public, church, educational or charitable uses.
2. In any case, no dwelling shall be permitted on any lot described herein, having a ground floor square foot area of less than 600 square feet, mobil homes will be permitted providing they are placed on a permanent type foundation and the front elevation is extended by breeze-ways, carports or garage to a minimum of 28 feet.
3. In any event, no building shall be located on any lot nearer than 25 feet to front lot line, or nearer than 17.5 feet to any side street line or cul-de-sac. No building shall be located on any interior lot nearer than 25 feet to rear lot line. For the purposes of this Covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall be construed to permit any portion of a building on a lot to encroach upon another lot.
4. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 5 feet of each lot.
5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood.
6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be erected upon, or used, on any lot at any time as a residence either temporarily or permanently.
7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, ponies or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
8. No lot as originally platted shall be used as a building plot if it has been reduced below its original platted width; provided that parts of two or more platted lots may be combined into one building plot if the plot is at least as wide and as large in area as the largest of said lots as originally platted.
1. These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date of these Covenants recording; after which time said Covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part.
2. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any Covenants, either to restrain violation or to recover damages.
3. Invalidation of any one of these Covenants by judgment or court order shall be in no wise affect any of the other provisions, which shall remain in full force and effect.
RIVER VIEW ESTATES WATER ASSOCIATION WATER WELL AND WATER LINE AGREEMENT
It is agreed between and among the undersigned that it would be beneficial to each and all of them to join together and form a Water Association to regulate and provide for the maintenance and repair of the water well and water line now located on the property dedicated to the public, and for an adequate supply of water to the users of this well and water line.
THEREFORE, IT IS AGREED, that the undersigned agree and join together in the formation of a Water Association which shall be called the River View Estates Water Association. It is agreed that the terms, provisions, and conditions of that Water Association shall be as follows:
1. All property owners of land located in River View Estates Subdivision shall be members of the Water Association. However, only those owners of property who are users of water shall be voting members of the Association and only those owners who are in fact users of the water, water well and water line, shall be required to pay the monthly dues as provided herein.
2. A User shall be defined as that occupant or occupants which constitutes a household and each User as defined herein, shall be entitled to one vote on all matters coming before the Association.
3. Each User shall pay into the Association the sum of Ten Dollars ($10.00) per month which shall be deposited in an account under the name of the Association and used for the upkeep and maintenance of the water system and water well and to defray the expense of providing the water to the users. The monthly dues may be increased from time to time as agreed upon by a majority of the voting members (Users) of the Association.
4. In addition to the monthly dues as described in the preceding paragraph, the members of the Association who are Users as defined herein, shall also be obligated on a pro-rata basis for that amount of expense for repairs and/or replacement of the well, pump, or waterline, that may exceed the amount accumulated in the account from the monthly dues.
5. The monthly dues as provided herein shall be paid on the first day of each month to the Treasurer of the Association, the first such payment to be made on the first day of the month following the execution of this agreement.
6. The Association shall hold regular meetings at one of the homes of a voting member (User) of the Association from time to time as may be necessary in order to transact business of the Association. Notice of such meetings of the Association shall be given by the President to all members of the Association.
7. There shall be a President and a Treasurer of the Association together with any other officers as may be agreed upon by the majority vote of the voting members (Users). The initial President of the Association shall be Douglas W. Skarin and the initial Treasurer of the Association shall be Douglas W. Skarin and he shall serve in these capacities until such time as the voting members (Users) shall decide upon majority vote to hold an election of officers and the term of such officers shall be that as set by the voting members upon majority vote.
8. Each user shall be responsible for the maintenance and repair at his or her personal expense, of the water line leading from the mail water line to the house. Additionally, all new Users as defined herein shall be responsible for the cost of hooking into the main water line and for the installation of the water line leading from the main to the house as well as for the upkeep and the repair of such line.
9. All Users as defined herein shall promptly pay all monthly charges together with any pro-rata share of additional expenses as defined herein. Any such User who does not make such payment when due or fails to abide by the other terms of this agreement, shall be in default and in the event of such default, the Association is hereby granted power to withhold water from such user after the Treasurer first gives ten (10) days written notice to such User of such proposed action.
10. Any non-voting member of this Association who by definition is a property owner but not a User of the water at the present time, shall be required to become a member of the Association and shall perform all the duties as required hereunder, at such time as that member shall become a User of water. Additionally, any party who may purchase any or all of the real estate now owned by the non-voting member as defined herein, shall become a member of the Association and shall be obligated to make the monthly dues payments and follow the other provisions of this Agreement.
This Agreement shall be considered as a covenant running with the land. It shall be binding on all parties whose signatures are affixed hereto and upon any and all other parties who may become heirs or successors in interest to those named parties.
Signed this 13th day of July , 1979.
AMENDMENT TO COVENANTS, RESTRICTIONS, CONDITIONS AND EASEMENTS PERTAINING TO THE RIVER VIEW ESTATES SUBDIVISION OF LOT ONE (1) OF THE SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE¼ NE¼), SECTION 27, TOWNSHIP 83 NORTH, RANGE 39, WEST OF THE 5TH P.M., CRAWFORD COUNTY, IOWA.
We, Louis McFarling and Hiroko McFarling, his wife; Bernard Bock and Pat Bock, his wife; Louis L. Puck and Helen M. Puck, wis wife; Martin J. Bing and Mary Kay Bing, his wife; Leonard Donscheski and Pat Donscheski, his wife, comprising all the owners of the real estate known as and designated as River View Estates Subdivision of Lot One (1) of the Subdivision of the Northeast Quarter of the Northeast Quarter (NE¼ NE¼), Section 27, Township 83 North, Range 39, West of the 5th P.M., Crawford County, Iowa, do hereby covenant and agree for the benefit of ourselves and future owners of said land that the covenants, resolutions, conditions and easements pertaining to said River View Estates dated September 4, 1965, and recorded September 8, 1965, in Book 67, Page 123, in the Crawford County Recorder’s office, may be and the same are hereby amended and altered as follows:
Paragraph 7 of the Covenants and Restrictions shall be amended and altered by striking all of said paragraph and inserting in lieu thereof the following:
7. An owner may raise, keep or breed not more than one horse or head of cattle for each acre, or less, of land owned and possessed by the owner, including a calf or colt, not more than one year of age, of any cow or horse authorized by this paragraph. No other animals or livestock may be kept, bred or raised on any lot, except that dogs, cats, ponies, poultry or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Dated at Denison, Crawford County, Iowa, on this 17th day of February, 1971.