COVENANTS RUNNING WITH THE LAND COMPRISING MEADOW LAND DEVELOPMENT ADDITION TO LYON COUNTY, IOWA

 

COVENANTS RUNNING WITH THE LAND COMPRISING MEADOW LAND SUBDIVISION IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 29, TOWNSHIP 100 NORTH, RANGE 47, WEST OF THE 5TH P.M., LYON COUNTY, IOWA

 

KNOW ALL MEN BY THESE PRESENTS:

 

    That Meadow Land Development, Inc., an Iowa Corporation, the Proprietor and party platting and dedicating Meadow Land Subdivision, Lyon County, Iowa to which these Covenants are attached, does hereby make these Covenants as part of said dedication of said Addition as follows to-wit:

 

1.      All lots described herein shall be known, described and used solely as residential lots, and no structure shall be erected on any lot other than one single-family dwelling not to exceed two stories in height, a one or multiple car garage and accessory buildings incidental to the main use of the premises.  Nothing herein contained shall preclude the construction and use of private swimming pools, tennis courts or other recreational improvements.

 

2.      No used dwelling or garage structure may be moved onto any lot.  This restriction shall not be interpreted to preclude moving onto a lot a new structure which is pre-fabricated or constructed elsewhere and which had never been used prior to being moved upon a lot in this Addition.

 

3.      No single story residence shall have less than 1,400 square feet of ground floor space, not including the garage or unenclosed porches, and no one and one-half or two story residence shall have less than 1100 square feet of ground floor space, not including the garage or unenclosed porches.  Ground floor shall be defined as the first floor of the residence which is at or above the average finished ground elevation at the front of the residence.  Any tri-level structure shall be constructed having a fully enclosed floor area on all levels including an above the surface level of not less than 2400 sq.ft.

 

 

4.      No lot, nor any structure thereon, shall be used at any time for the purpose of          

             serving meals for a consideration or the rental of rooms or apartments.     No                                                                                                                                                                              

             radio transmitting towers may  be used or erected on any lot and commercial                                             

             nurseries and greenhouses are prohibited.                                                     

 

5.      No mobile home or what is commonly referred to as a double-wide mobile home are allowed.

                  

6.   No modular home with less than 5/12 pitch may be moved onto any lot.

 

7.      No trailer, basement, tent, shack, garage, barn or other out-building erected on the tract shall, at any time be used as a residence temporarily or permanently, nor shall any residence of a temporary character be permitted.

 

8.      On lots 11-20, outbuildings have to be constructed on a permanent foundation 

with the same materials and roof pitch as the principle structure.

 

9.      Owners of the row of lots bordering the golf course shall not have outbuildings. They also shall have no trees, fences or hedges that impede the view of the golf course.

 

10.   No structure shall be left in incomplete condition and the construction and finishing of all structures erected on any lot must be completed within one year of the beginning of construction on the particular structure.  This paragraph shall not preclude the latter construction of additions to any structure.  

                                                                  

11.  No used exterior material may be placed or used on any structure, and the exterior of all structures shall be finished in brick, stone, siding, shakes or other recognized finishing material.  Unfinished siding shall be promptly painted, stained, sealed or treated.  All roofing material shall be asphalt or shake shingles.

 

12.  No junk, refuse or machinery shall be stored or parked on any lot unless enclosed within a residence, garage or accessory building otherwise permitted hereunder.  No trucks, tractors, or trailers, other than pick-up or panel trucks of small size shall be stored or parked on any time on any lot.  Boats or boat, house or camping trailers may not be parked or stored on any lot other than for temporary periods.  Temporary periods shall be defined to mean not in excess of 14 consecutive days.

 

13.  There shall be provided on every lot a sufficient parking and storage area to accommodate two cars in addition to the number of cars owned or used by the family occupying the particular lot.

 

14.  No lot shall be divided into segments for use as a separate lot or parcel, but this restriction shall not preclude the sale of parts of lots to be added to a whole lot and used in conjunction therewith.

 

15.  All shrubs, trees, grass and other vegetation on any lot, whether improved or unimproved, shall be kept trimmed so as to present a neat appearance at all times.  Weeds shall be kept under control so as not infect other lots in the Addition.

 

16.  No perennial trees, shrubs, or other forms of perennial vegetation other than grass or flowers shall be allowed on any part of a lot designated as an easement for utility purposes, or any temporary or permanent structures of any kind be erected on said easements.  Private utility companies providing service to the subdivision may use the easement area to install, replace and maintain utility lines.

 

17.  No animal, livestock or poultry of any kind shall be raised, bred or kept on any lot except limited dogs, cats or other household pets may be kept within the principle structure.

 

18.  All primary structures shall have a minimum of 25 feet setback on sides and maintain a 35 feet setback on front.  Any outbuildings on lots 11-20 shall have a minimum of 25 feet setback on sides.         

 

19.  These covenants are to run with the land and shall be binding on all persons having or owing any interest in any lot and all persons having or owning any interest in any lot under them until January 1, 2015, at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the then owners of a majority of the lots it is agreed to change the said covenants in whole or in part.

 

20.  If at any time prior to January 1, 2015, owners of 70% of the lots in this Addition agree on any change in the Covenants and restrictions herein contained, or agree on a change in the Covenants and restrictions herein contained, or agree on a change during any ten year extension provided for in paragraph 19 above, such change may be made and shall be binding on all of the owners of all lots in the Addition.

 

21.  If any person having or owning any interest in any lot, or any person claiming under them hereafter shall violate or attempt to violate any of the covenants or restrictions herein before January 1, 2015, or during any extension, it shall be lawful for any person or persons owning any lot in this Addition 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 doing or to recover damages or other dues for such violation.

 

22.  Invalidation of any one or more of these Covenants by judgment or Court order shall in no wise effect any of the other provisions which shall remain in full force and effect.

   

23.  The land subject to these covenants is located near agricultural land, agricultural operations or agricultural processing facilities or operations.  Owners may be subject to inconvenience or discomfort from lawful agricultural processing facility operations.  Agricultural operations may include, but are not limited to the following: The cultivation, harvesting and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State and County laws.  Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period.  If you live near an agricultural are, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector.  You are also notified that there may be the potential for agricultural sector.  You are also notified that there may be the potential for agricultural or agricultural processing operations to expand.  This notification shall extend to all landowners, their heirs, successors or assigns.

 

24.  The drainage easement designated on the plat shall remain free of obstructions either permanent or temporary.

 

 

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