Northwood Fourth Addition Phase 1


A parcel of land located in the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) and Northwest Quarter of the Southeast Quarter (NW 1/4 SE1/4) of Section Two (2), Township Eighty-three (83) North, Range Thirty-nine (39), West of the 5th P.M., Crawford County, Iowa described as follows:

Commencing at the NE Corner of the SW1/4 NE1/4 of Section 2-83-39, thence S 00° 56′ 37″ W 1,035.28 feet along the East line of said SW1/4 NE1/4 to the point of beginning, thence continuing S 00° 56′ 37″ W 280.23 feet along said East line, thence S 00° 50′ 25″ W 578.55 feet along the East line of the NW1/4 SE1/4 of said Section 2, thence S 87° 57′ 52″ W 295.37 feet, thence N 00° 50′ 25″ E 566.52 feet, thence N 10° 31′ 15″ W 147.63 feet, thence Northeasterly 57.06 feet along a 230.00 foot radius curve concave Northwesterly with a long chord bearing N 69° 32′ 04″ E 56.92 feet, thence N 62° 25′ 37″ E 63.13 feet, thence N 58° 18′ 14″ E 60.48 feet, thence N 65° 18′ 43″ E 178.03 feet to the point of beginning. Said parcel contains 5.41 acres more or less.

Bohlmann, Inc. being the owner of all of the land included in Northwood Fourth Addition Phase 1 – Lots 1-7,62-69 to the City of Denison, Crawford County, Iowa, hereby covenant and agree for the benefit of future owners of said land that the same shall be subject to the following covenants, restrictions, and limitations as to the improvements and use thereof, to it.

1. All lots in said subdivision shall be used solely for residential purposes and no lot shall be used for any commercial, industrial or agricultural use. Ordinary household gardens shall be permitted on owners lot. Home occupations shall also be permitted to the extent that home occupations are permitted by the zoning ordinance of the city of Denison, Iowa. No lot may be subdivided after it has been transferred by the developer, although one or more lots may be utilized as a single building plot.

2. No building in this subdivision shall be used for any illegal, noxious, or offensive trade or activity, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

3. No structure shall be erected on any lot in said subdivision other than one detached single-family dwelling, one garage and one storage building. Each lot occupied for residential purposes shall have a two-car garage or larger garage. Carports and lean-tos and any other similar structures shall not be erected on any residential building lot. No dwelling shall have a height in excess of two stories plus a walk-out basement. No detached garage or storage building shall exceed one story in height and each such detached garage or storage building shall match the design and decor of the dwelling.

4. No building shall be erected and located on any lot nearer than thirty (30) feet from the front property line nor nearer than twenty-five (25) feet from the rear property line. Also no building shall be erected and located on any lot nearer than eight (8) feet from either side lot.

5. Each dwelling consisting of not more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 1,150 square feet. Each dwelling consisting of more than one story plus a walk-out basement shall have a ground floor living area, exclusive of open porches and garages, of not less than 900 square feet and a second floor living area of not less than 400 square feet.

6. On all residence no more than twelve (12) inches of concrete block or poured concrete foundation shall be exposed on the front of the residence or street side. Also, all residence shall have roofs constructed with wooden, concrete shake, or asphalt shingles of 280 pounds or heavier, with a minimum roof slope of 5-12 pitch.

7. Prior to the occupancy of any dwelling house or residence the owner of the lot or lots or portions of lots upon which said house is situated shall cause to be installed and constructed a concrete sidewalk, across said lot or lots from one side lot line to the other side lot line, so as to run parallel to the street or streets, adjoining said lot or lots. All sidewalks shall be located, installed and constructed according to the requirements and specifications of the City of Denison, Iowa.

8. No horses, cattle, goats, sheep, hogs, poultry or other farm animals shall be raised or kept in said subdivision. No animal of any kind shall be raised or kept for sale. No more than two dogs shall be kept on any lot. The owner of any dog kept in said subdivision shall at all times restrain the dog from running at large, from causing damage to or interfering with private or public property.

9. No trailer, basement, tent, shack, garage, bam 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.

10. No trailers, boats or recreational motor vehicles shall be parked or stored on any lot except within an enclosed garage.

11. All electrical, telephone, and cable television wires and all other cables installed in said subdivision shall be installed underground. Satellite dishes more than three feet in diameter or antenna greater than ten feet in height above the roof line shll not be permitted.

12. No boundary fence or fence-like barriers, including any solid row of trees or shrubs shall be maintained by any property owner nor shall cottonwood trees be permitted on any lot.

13. No rubbish containers shall be visible from the street except on rubbish pick-up day.

14. No mechanical work shall be permitted on vehicles outside of a garage for over a 24-hour period and no nonoperational vehicles shall be stored outside of a garage for over a 24-hour period.

15. An easement for drainage and for the installation and maintenance of utilities is reserved on the lots in said sub-division 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.

16. The owner of each lot, vacant or improved, shall keep his lot free of weeds and debris. The purchaser and subsequent lot owners shall have an established lawn within twelve (12) months.

17. 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 subdivisions.

18. No dwelling house or other house or structure shall be erected on the conveyed property until the plans and specifications with the proposed site therefor have been submitted to and approved by Bohlmann, Inc. as to outward appearances and design and a written permit issued therefor.

19. The covenants, restrictions, and reservations herein set forth shall continue in force and shall run with the land for a period of twenty (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 an instrument signed by a majority of the then owners of the lots has been recorded agreeing to a change of said covenants in whole or in part.

20. 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 twenty (20) years expires from the date of these covenants and restrictions or during the period of it’s automatic extension it shall be lawful for any other person or persons owning 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.

21. Each and every of the covenants, restrictions, and reservations herein contained shall be considered an independent and separate covenanted agreement and in the event any one or more of these shall for any reason be held to be invalid or unenforceable all remaining covenants, restrictions and reservations shall nevertheless remain in full force and effect. Any changes or substitutions to these covenants and restrictions must be approved by the majority of the then owners of the lots.

Dated this 4th day of August, 2003.