Bel Aire Heights Fourth Addition


Wayne Schultz and Betty Schultz, being the owners and proprietors of certain real estate located in Denison, Crawford County, Iowa, now platted as and hereafter known as “Bel Aire Heights Addition” to the City of Denison, Crawford County, Iowa, do hereby covenant and agree for the benefit of all future owners of said land that all Deeds and conveyances hereafter made to purchasers of said land or lots located within Bel Aire Heights Fourth Addition will be subject to the following Covenants and Restrictions, to-wit:

(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 one, detached, single family dwelling, not to exceed two stories in height and a one or two car garage or carport, except that as to Lot 33, to the extent allowed now or may be allowed by City of Denison zoning, a structure may be erected on that Lot 33 which is a multi-family residential building or buildings.

(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 on the premises.

(d) Titleholder of each lot, vacant or improved, shall keep his lots free of weeds and debris and tall grass.

(e) 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.

(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 feet area of less than one thousand (1000) square feet in the case of one-story structures, nor less than nine hundred sixty (960) square feet in the case of one and one-half or two-story structures.

(g) The purchasers or subsequent owners of each lot shall be responsible for installing and maintaining a public sidewalk on their property in conformity to the ordinances of the City of Denison, Iowa and said sidewalk shall be installed within one (1) year of date of deed from developer.

(h) No log cabin type construction or underground earth type home construction shall be permitted on any lots in this addition.

(i) All garages and carports shall be attached to the residential dwelling.

(j) The construction of all homes shall be completed within twelve (12) months after the date a building permit is issued.

(k) The purchaser and subsequent owners shall have an established lawn within twelve (12) months after the residential building has been erected.

(l) These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of 20 years from the date of these Covenants and Restrictions, 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 said Covenants in whole or in part.

(m) 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 20 years expires from the date of these Covenants and Restrictions, it shall be lawful for any other person or persons owing 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 Restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violation.

Any invalidation of any of these Covenants by judgment or other order shall in no wise affect any of the other provisions which shall remain in full force and effect.

Dated at Denison, Iowa this 29 day of December, 1995.