3rd City View Addition


We, Eugene D. Zenk, President, and Shirley A. Zenk, Secretary, of Gene Zenk Agency, Inc., it being the owner of all the land in 3rd City View Addition to the City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land that it will have included in all deeds and conveyances hereafter made by it to purchasers of said land or lots, by reference to the filing of this document, the following Covenants and Restrictions:

A. All lots described herein shall be known, described and used solely 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. No building shall be erected on any residential building plot nearer than thirty (30) feet to the front lot line, nor nearer than eight (8) feet to any side lot line. The side lot line restrictions shall not apply to a garage or carport located on the rear one-quarter of a lot, except that on corner lots no structure shall be permitted nearer than twenty (20) feet to the side street lot line.

C. No dwelling shall be erected or place on any lot having a width of less than seventy (70) feet at the minimum building set-back line, nor shall any dwelling be erected or placed on any lot having an area of less than 8,400 square feet.

D. No trailer, basement, tent, shack, garage, barn or other out-building shall at anytime be erected and 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 and may include modular-type building.

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 dwelling shall have a ground floor square foot area of less than six hundred (600) square feet in the case of one-story structures, nor less than five hundred (500) square feet in the case of one and one-half or two-story structures.

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 is reserved over the rear ten (10) feet of each lot for utility installation and maintenance, and drainage when applicable.

J. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until December 14, 2001 at which time the said covenants shall be automatically extended for successive periods of ten (10) 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.

K. 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 December 14, 2001, 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 dues for such violations.

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

Dated at Denison, Iowa, this 4th day of December, 1976.