Clabaugh Addition


We, Larry Clabaugh and Karen M. Clabaugh, husband and wife, Harold Welch and Ruth A. Welch, husband and wife, and Hollis Keele and June J. Keele, husband and wife, being the owners of all of the land in Clabaugh Addition to the City of Denison, Iowa, hereby covenant and agree for the benefit of future owners of said land running with the land constituting Clabaugh Addition to the City of Denison, Iowa:

1. All lots in said addition shall be used solely as residential lots, and no structure shall be erected on any lot other than one detached single-family dwelling not exceeding two stories in height, a one or two car garage or carport and one storage building. The storage building shall be of commercial construction, shall be new when placed on the lot and shall not exceed ten feet in length, width or height.

2. No building shall be erected nearer than thirty feet (30′) to the front lot line or nearer than eight feet (8′) to any side lot line. The front of any dwelling shall be not more than forty feet (40′) from the front lot line.

3. The ground floor living area, exclusive of open porches and garages, shall be not less than 864 square feet for a one story dwelling and not less than 600 square feet for a dwelling having more than one story.

4. No trailer, basement, tent, shack, garage, barn or other outbuilding 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.

5. All structures shall be of new construction.

6. No building shall be erected unless the design and location are in harmony with existing structures and locations in said addition.

7. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris. 8. No noxious of offensive trade shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

9. An easement for the installation and maintenance of utilities is reserved on the rear ten feet of each lot and on the east eight feet of Lot Five, as shown on the plat. No structure, planting or other obstruction which may damage or interfere with the installation or maintenance of utilities shall be placed or permitted to remain in the easement area of any lot.

10. These covenants and restrictions shall run with the land whether or not reference to them is made in any deed or other instrument affecting the land and they shall be binding upon the parties hereto and all persons claiming under them until January 1, 1994. After January 1, 1994, these covenants and restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by the owners of a majority of the lots in said addition and agreeing to change these covenants and restrictions has been recorded.

11. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of these covenants and restrictions, it shall be lawful for any other person or persons owning any lot in said addition to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenant or restriction, either to prevent him or them from so doing or to recover damages or other dues for such violation.

12. Invalidation of any of these covenants and restrictions by judgment of other order shall in no wise affect any of the other provisions hereof, which shall remain in full force and effect.

Dated this 8th day of August, 1973.