Fairway Heights Subdivision

COVENANTS AND RESTRICTIONS (FAIRWAY HEIGHTS SUBDIVISION)

We, Kenneth Meland and wife, Fern Meland, being the owners of all the land in that portion of the Southwest Quarter (SW┬╝) of Section Thirteen (13), Township Eighty-three (83) North, Range Thirty-nine (39), West of the 5th P.M., Crawford County, Iowa, which has been re-subdivision and designated as Fairway Heights Subdivision hereby covenant and agree for the benefit of future owners of said land that we will make reference and call attention to these covenants and restrictions filed herein, in all deeds and conveyances hereafter made by us to purchasers of said land or lots, said covenants and restrictions being as follows:

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 plot other than one detached family dwelling not to exceed one story in height and a one or two car garage on Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), and Nineteen (19). On Lots Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) split level or two story houses may be constructed.

B. No part of any building shall be erected on any residential building plot nearer than fifty feet to or farther than fifty feet from the front lot line on Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), and Nineteen (19). No residence shall be nearer than ten feet from the side lot line and the side line restriction shall apply to a garage. Additional similar protective covenants will be added to Lots Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12).

C. No dwelling shall be erected or placed on any lot having a width of at least 100 feet along one side. Except for lot # Nineteen (19) no dwelling shall be erected or placed on any lot having an area of less than 16,500 square feet.

D. No building shall be erected on any lot unless the design and location is in harmony with existing structures and locations in the tract and does not violate any Protective Covenants. In any case no dwelling shall be permitted on any lot described herein, having a ground floor square foot area of less than 1,200 square feet in the case of a one story structure, exclusive of garage, nor less than 900 square feet in the case of a one and one-half or two story structure.

E. Title holder of each lot, vacant or improved, shall keep his lot or lots free of weeds and debris.

F. No obnoxious 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.

G. The undersigned grantors hereby reserve a perpetual easement across the rear fifteen feet of all lots and in addition the West Fifteen Feet of Lot Thirteen (13), the East Fifteen Feet of Lot Seven (7), the West Fifteen Feet of Lot Three (3), the East Fifteen Feet of Lot Sixteen (16), said easements being reserved for the purpose of utilities installation and maintenance thereof.

H. It is agreed that each purchaser of lots in said addition will erect on each lot an electric light post on the land purchased fifteen feet from the fron lot line and that each light so installed shall be in line with lights on adjacent lots, if any are erected thereon, and that each light shall be operated automatically by an electric eye or a similar mechanical device which will operate to turn on the lights and turn them off in accordance with decreasing or increasing daylight.

I. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1969, at which time said covenants shall be automatically extended for successive periods of ten 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.

J. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein before January 1, 1969, it shall be lawful for any other person or persons owning any other 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 it shall be lawful for any other person or persons owning any other 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 violation.

K. The undersigned agree that the area designated as Fairlane shall constitute a free and public access to all adjacent property thereto, and adjacent owners, their heirs and assigns, are granted an easement over the said Fair Lane for the purpose of ingress and egress as a roadway to the from their property.

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