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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.

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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