COVENANTS & RESTRICTIONS TO JENTZ SECOND ADDITION TO THE CITY OF DENISON, IOWA
Alan H. Jentz and Susan C. Jentz, being the owners and proprietors of certain real estate located in Denison, Crawford County, Iowa, now platted as and hereafter known as Jentz Second Addition to the City of Denison, Iowa, do hereby covenant and agree for the benefit of all future owners of said land that all deeds and conveyances made to purchasers of said lots located within the addition will be subject to the following covenants and restrictions, to-wit:
1. All lots described herein shall be used solely as single family residential lots. After conveyance by the proprietors, no lot may be subsequently subdivided. No more than one residential structure may be erected on any one lot, however, one person may own more than one lot and may combine adjoining lots and construct one residential dwelling thereon. In such case, the property line between such adjoining lots shall not be considered a side lot line for building set back purposes.
2. No trailer, basement, tent, garage, barn, shack, modular home or other out-building shall be constructed or placed upon the real estate either temporarily or permanently, nor shall any residence of a temporary nature be permitted. No car port, or lean-to structure may be attached to a residence or separately constructed on any lot. No clothesline, garbage cans, equipment, coolers, woodpiles, or storage piles shall be located so as to be visible from any street in the addition or from any other lot in the addition.
3. No exposed or exterior television antenna shall be erected, placed or maintained on any lot, except one satellite dish, no larger than eighteen inches in diameter, may be mounted inconspicuously on a residential structure. No such dish shall be mounted in a yard or attached to any other structure accept a residential dwelling.
4. No structure shall be moved onto any lot in the addition and all residential construction shall be of new construction built on site. No modular or mobile type housing shall be placed upon any lot in the addition. No underground earth home, or log type home shall be constructed on any lot in the addition.
5. No structure of any type shall be erected or constructed on any lot in the addition except a one or two story single family residential dwelling house meeting the following specifications:
a. Each one story residential structure must have at least 1500 square feet of living space on the ground floor. The term “living space” as used in the document shall be defined to exclude all garage floor space, basement, porch, breezeway, patio, tool and equipment structures, and storage areas or structures.
b. Each one and one-half story residential structure must have at least 1200 square feet of living space on the ground floor.
c. Each two story residential structure must have at least 1000 square feet of living space on the ground floor.
d. Each residential structure erected on any lot must have an attached two or three car garage.
e. No residential structure may be erected nearer than twenty-five feet to the front or back lot lines, nor nearer than ten feet to any side lot line.
f. No residential structure shall be erected on any lot unless the design, location, and grade with respect to surrounding lots are in harmony with existing neighboring structures.
6. Prior to the occupancy of any residential structure erected on any lot, the owner thereof shall cause to be constructed a concrete sidewalk running parallel to any street adjacent to said lot. All sidewalks shall be constructed to comply with any and all ordinances and specifications of the city of Denison, Iowa.
7. All wiring, including television, electrical, and telephone shall be installed underground.
8. No mining or drilling for oil, gas, coal, water, or other substances may be conducted on any lot in the addition.
9. No fences made of wire of chain link shall be erected on any lot.
10. No sign of any kind shall be displayed to the public view on any lot except one sign no larger than five square feet shall be allowed for the purpose of advertising the property for sale or rent.
11. No abandoned or unlicenced vehicles shall be permitted on any lot in the addition. No lot, driveway, street, or yard shall be used for mechanical work on automobiles or motor vehicles of any type.
12. No lot or portion of a lot shall be used for any commercial purpose, nor for any illegal, obnoxious or offensive activity.
13. The titleholder of each lot shall keep his or her lots free of all noxious weeds, tall grass, garbage, refuse, debris and other rubbish.
14. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they satisfy all local ordinances and they are not kept, bred, or maintained for any commercial purposes.
15. No lot shall be maintained or used as a dumping ground for rubbish, trash, garbage or other waste. Such trash, rubbish, garbage or other waste shall not be kept except in sanitary containers. All trash and garbage containers and receptacles shall be maintained in a clean and sanitary manner and shall not be exposed to public view other than as required for efficient pickup by any garbage hauler.
16. The purchaser of any lot in the addition shall have an established lawn withing twelve months after the completion of construction upon the lot.
17. These covenants and restrictions shall run with the land and shall be binding upon all parties and all persons claiming by, through or under them for a period of twenty years from the date hereof. Thereafter, these covenants and restrictions shall automatically renew and be extended for additional and successive ten year periods after the expiration of the initial term of the covenants and restrictions, unless a majority of the owners of the lots at the time of expiration agree to change or amend said covenants in whole or in part.
18. If the parties hereto, or any of them, or their heirs, successors or assigns, shall violate or attempt to violate any of the Covenants and Restrictions, it shall be lawful for any other person owning any lot in the addition to bring proceedings att law or in equity against the person or persons violating or attempting to violate any such Covenant or Restriction.
19. In the even that any of the Covenants or Restrictions herein is determined by a Court of Law to be illegal, unconstitutional, or unenforceable for any reason, such judgment shall in no way effect the operation or enforcement of any of the other Covenants or Restrictions contained herein.
Dated this 24th day of April, 2001.
CONSENT TO MODIFICATION OF COVENANTS & RESTRICTIONS TO JENTZ SECOND ADDITION TO THE CITY OF DENISON, IOWA
We, all of the proprietors and mortgagees, within this official plat of Jentz Second Addition to the City of Denison, Iowa do hereby consent to the modification of Covenants & Restrictions to Jentz Second Addition to the City of Denison, Iowa. The covenants and restrictions are modified as follows:
A. Paragraph 2 of the Covenants and Restrictions is stricken and in place thereof, the following shall be deemed to be inserted:
2. No trailer, basement, tent, garage, barn, shack, modular home, temporary residence or other out-building shall be constructed or placed upon the real estate either temporarily or permanently, except as herein provided. Each owner may construct one, storage shed or children’s playhouse no larger than eight feet by twelve feet in the backyard of the lot. Any such storage shed or playhouse shall be constructed of compatible and similar materials and design with the dwelling. All other accessory improvements such as swing sets and sand boxes shall be compatible with the quality of the overall development and shall be maintained in good order and attractive condition in the back yard. No car port or lean-to structure may be attached to a residence or separately constructed on any lot. No clothesline, garbage cans, equipment, coolers, woodpiles, or storage piles shall be located so as to be visible from any street in the addition or from any other lot in the addition.