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RESTRICTIVE
COVENANTS RELATING TO LOTS
1 THROUGH 93, SQUAW CREEK MEADOWS SECOND ADDITION IN THE CITY
OF MARION, LINN COUNTY, IOWA
Platinum Development, L.L.L., and Iowa limited
liability company, being the owner of Lots 1 through 93, both
inclusive, Squaw Creek Meadows Second Addition in the City of
Marion, Linn County, Iowa, being desirous of subjecting said
real property to the conditions, covenants, restrictions, and
reservations hereinafter set forth, does hereby declare, covenant
and agree with and for the benefit of all persons to whom it
has contracted to sell or may hereafter sell any lot or lots
within Squaw Creek Meadows Second Addition, and for the benefit
of itself and its respective successors, assigns, heirs, or
legal representatives, that each and all of the said lots in
said addition shall be held, transferred, sold, conveyed and
occupied subject to the following conditions, covenants, restrictions
and reservations:
1. All of said
lots shall be known, described and used solely as residential
lots, and no structures shall be erected on any lot other than
one detached single family dwelling not to exceed two stories
in height with or without a garage, provided, however, that
the restrictions of this and subsequent paragraphs shall not
prohibit the erection or development of a contemporary styled
tri-leveled (split level) dwelling, public park, or public school
on any said lots.
2. That no swelling
Shall be erected or maintained on any said lots having less
than 1,100 square feet of floor space in the case of a one story
dwelling, nor less than 1,400 square feet of floor space in
the case of more than one story, exclusive of breezeway, garage,
basement, attic and porches; but greater square footage area
may be specifically provided for in the deed of conveyance or
other instrument.
3.
No building shall be erected on any of the lots described herein
nearer than twenty-five (25) feet to, nor further than thirty-five
(35) feet from the front lot line. No building shall be erected
on any corner lot nearer than twelve (12) feet to the side street;
provided, however, that no building shall be erected on any
corner lot nearer than twenty-five (25) feet nor further than
thirty-five (35) feet from the side street in the event there
are lots or a lot in the same block fronting on the same side
street. No building shall be erected on any lot in said Addition,
used for residential purposed nearer than seven (7) feet to
any lot line, except a garage or other necessary buildings that
are erected entirely to the rear of a straight line drawn along
the exterior of the rear foundation of the main building, and
prolonged to the side lot lines. Said garage or other accessory
buildings shall in no event, even when located on the rear of
the lot line as defined herein, be erected nearer than three
(3) feet to the side lot line.
4.
The further subdivision of any of the lots described herein
or any portion thereof shall not grant the right to erect or
maintain any dwelling on an area of less than six thousand two
hundred fifty (6,250) square feet, nor any portion of a lot
or lots with a width of less than sixty (60) feet along the
front lot line. A subdivision of the lots described herein,
from that originally platted, shall not grant to the owners
any right to violate any of the restrictions contained in any
of these covenants.
5. That no trailer,
basement, tent, shack, garage, garlow, barn or other out buildings
erected or maintained on any said lots shall at any time be
used as a residence temporary or permanent; nor shall any residence
of temporary character be permitted.
6.
That no fence or other structure of any kind or character
shall be erected of maintained upon that part of any of said
lots lying between the street lines and the building set back
lines upon any said lots.
7. A perpetual
easement is reserved along the lot lines of said lots as shown
by the recorded plat for the storm water drainage and utility
installation and maintenance.
8. Both the titleholders,
whether legal or equitable, and owner in possession of each
of said lots, whether vacant or improved, shall keep such lots
or lot free of weeds or debris.
9. No animals
nor poultry of any kind shall be kept on any part of said lots,
except house pets.
10. All antenna towers, poles, or similar structures which are
placed on any given lot shall be located in the rear one-third
of the lot, to the rear of the dwelling located thereon and
not closer than twenty feet to the rear lot line or side lot
lines of each lot unless attached to the house in which case
paragraph 11 controls.
11. No dwelling
or building shall have an antenna, tower or other similar structure
extending more than ten feet in height above the highest point
of the building to which it is fastened.
12. No structure
erected on any of the within described premises, shall be occupied
as a dwelling except a structure designed and constructed for
use only as a single-family dwelling. The construction of all
structures erected on any part of the within described premises
shall be designed and constructed to be occupied as a dwelling
house, shall be fully completed within a period of twelve (12)
months from the date of the original construction being started,
except as to the interior; and the outside appearance of all
structures to be used as dwellings shall within said period
of twelve (12) months be fully finished in such manner as to
be compatible in appearance with all other structures located
in the subdivisions. All landscaping and grading required and
resulting from the terrain being disturbed by construction,
shall be fully finished within a period of twelve (12) months
from the time of its first being disturbed in the process of
the construction.
13. No mobile
home shall be constructed or located on any lot.
14. No truck larger
than a _ ton pickup truck shall be maintained, parked
or kept overnight for any purpose in said Addition.
15. No trailer, mobile home, motor home,
commercial vehicle other than auto or pickup truck or van, farm
machinery, construction equipment, motor boat, houseboat, snowmobile,
or similar vehicle or equipment or unlicensed motor vehicle
shall be store or parked on any lot unless in a garage or other
similar out building, except that a trailer, mobile home, motor
home, commercial vehicle, motor boat or snowmobile, or similar
vehicle may be parked on a driveway unless otherwise prohibited
by City ordinance.
16. No obnoxious
or offensive trade shall be carried on upon and lot nor shall
anything be done thereon which may be or become an annoyance
or nuisance to any owner or owners.
17. If the parties
hereto, or any of them, or their assigns, shall violate or attempt
to violate any of the covenants or restriction hereinabove set
forth it shall be lawful for any other person or persons owning
and other lot within the subdivision to commence and 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 doing so or recover damages
therefore.
18. 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.
Dated
May 24th, 2006
Recorded with the State of Iowa
A copy of these restrictive covenants
can be picked up at our office.
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