Fairway Heights Second Subdivision


Gordon E. Carritt and Lillian L. Carritt, husband and wife, being the owners of all of the land in Fairway Heights Second Subdivision in the City of Denison, Iowa, hereby covenant and agree for their own benefit and for the benefit of the future owners of said land that the following covenants and restrictions shall be covenants running with the land constituting Fairway Heights Second Subdivision in the City of Denison, Iowa:

1. All lots in said subdivision shall be used as residential lots. No structure shall be erected on any lot other than one detached single family dwelling not exceeding two stories in height, a garage or garages having a total capacity of not more than five automobiles, one storage building and one wind generator structure. The storage building 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 30 feet to the front lot line or nearer than 8 feet to any side lot line.

3. The ground floor living area, exclusive of open porches and garages, shall be not less than 1,100 square feet for a one story dwelling and not less than 800 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. No used structure shall be moved onto any lot in said subdivision. All structure shall be of new construction built or assembled on the premises.

6. No building shall be erected in said subdivision unless the design, location and grade with respect to surrounding lots are in harmony with existing structures and locations in said subdivision.

7. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris.

8. No noxious or offensive trade shall be engaged in upon any lot in said subdivision nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

9. A perpetual easement for drainage and for the installation and maintenance of utilities is reserved on a strip of ground 10 feet in width lying adjacent to and abutting on each side, rear and front lot line in said subdivision. A perpetual easement for installation and maintenance of a water line is also reserved on a part of Lot 1 of said subdivision, as shown by the plat of said subdivision.

10. All electrical, telephone and cable television wires and cables installed in said subdivision shall be installed underground.

11. 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 above named persons and upon all persons owning or having possession of any land in said subdivision until September 1, 2001. After September 1, 2001, 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 subdivision and agreeing to change these covenants and restrictions has been recorded.

12. If the above named persons or person owning or having possession of any land in said subdivision shall violate or attempt to violated any of these covenants and restrictions, it shall be lawful for any person or persons owning or having possession of any land in said subdivision to prosecute any proceeding at law or in equity against the person or person violating or attempting to violate such covenant or restriction, either to prevent him or them from so doing or to recover damages for such violation.

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

Dated this 8th day of September , 1981.