Highland Park Addition


I, Bernard Schiltz, single, being the owner of all the land in Highland Park Addition to the City of Denison, Iowa, do hereby covenant and agree for the benefit of future owners of said land, that I will have included in all deeds and conveyances hereinafter made by me to purchasers of said land or lots, the following covenants and restrictions:

A. All lots described herein shall be known, described and used solely as residential lots, and no strictures shall be erected on any residential building lot other than one detached single family dwelling, not to exceed 1 ½ stories in height and a one, two, or three car garage, which garage shall be constructed of the same type of material as the dwelling.

B. No building or structure shall be erected on any residential building plot nearer than 20 feet to the front lot line, nor further than 25 feet from the closest point on the front lot line. No building or structure shall be erected on any residential building plot nearer than 6 feet to any side lot line, it being understood that for these purposes the side lot line shall be construed to mean the side of any plot of ground owned by any particular owner and if an owner owns more than one lot used as one residential lot, this restriction shall apply one to the side lot line of the entire tract used as one residential lot.

C. No residential lot or lots shall be subdivided into building plots having less than 4,000 square feet of area or with the result that any owner will, as a result of said subdivision, have a lot with less than 4,000 square feet of area; nor shall any building be erected on any residential building plot having an area of less than 4,000 square feet.

D. No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted.

E. No structure shall be moved onto any lots and all construction must be new construction build on the premises.

F. No building shall be erected on any lot unless the design and location is in harmony with the existing structures and locations in the tract and does not violate any Protective Covenants and Restrictions. In any case, no dwelling shall have a ground floor square feet area of less than 900 square feet.

G. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1968, at which time said covenants and restrictions shall be automatically extended for successive periods of 10 years unless by a vote of the majority of the then owners of the lots it is agreed to change the said covenants and restrictions in whole or in part.

H. 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 contained before January 1, 1968, or during any period while these covenants and restrictions are in force, it shall be lawful for any other person or persons owning any other lot or lots in said HIGHLAND PARK ADDITION to Denison, Iowa, 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, or both.

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