COVENANTS AND RESTRICTIONS FOR “SCHULTZ SECOND ADDITION TO THE CITY OF DENISON, IOWA”
We, Loren E. Schultz and wife, Carole Rae Schultz, being the owners of all land in the “Schultz Second Addition to the City of Denison, Iowa”, hereby covenant and agree for the benefit of future owners of said land that we will have included in all deeds and conveyances hereafter made by us to purchasers of said land or lots, by a reference to the filing of this document, the following covenants and restrictions, to-wit:
1. All lots shall be used solely as single family residential structures or multiple family structures, such as apartments, condominiums, town houses, and duplexes.
2. In addition to the above restrictions:
a. No building shall be erected on any residential building plat nearer than twenty-five (25) feet to the front lot line, nor nearer than six (6) feet to any side lot line. The side lot line restrictions shall not apply to a detached garage or car port located on the rear one-quarter of a lot. These restrictions shall apply to all lots in said addition.
b. No trailer, basement, tent, shack, garage, barn, or other out-building 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.
c. No structure shall be moved onto any lots, and all construction must be new construction built or assembled on the premises. This provision shall not apply to modular type housing approved by the Iowa State Building Code Commissioner.
d. No building shall be erected on any lot unless the design, location, and grade with respect to surrounding lots are in harmony with existing structures and locations in the tract and does not violate protective covenants.
e. No single family dwelling shall have a ground floor square foot area of less than nine hundred twenty (920) square feet in the case of one-story structures, not less than seven hundred fifty (750) square feet in the case of one and one-half or two story structures.
f. Title holder of each lot, vacant or improved, shall keep his lots free of weeds and debris.
g. No noxious or offensive trade shall be carried on upon any lots nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
h. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until June 22 , 1997, at which time the said covenants shall be automatically extended for successive periods of twenty (20) years unless by a vote of the majority of the then owners of the lots it is agreed to change the said covenants in whole or in part.
i. If the parties hereto, or any of them, or their heirs, or assigns shall violate or attempt to violate any of the covenants and restrictions before June 22 , 1997, it shall be lawful for any other person or persons owning any such 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 due for such violation.
j. All wiring including televisions, electrical and telephone shall be installed underground and wires installed by anyone other than the City of Denison, Iowa, shall be installed underground.
3. Sidewalks shall be constructed in accordance with the plans, specifications, and at the grade determined by the City of Denison, Iowa, said sidewalks to be completed within twelve months subsequent to the purchase from the platting owners, Loren E. Schultz and Carole Rae Schultz. Invalidation of any of these covenants by judgment or other order shall in no way effect any of the other provisions which shall remain in full force and effect.
Dated at Denison, Iowa, this 22nd day of June , 1977.