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HomeMy Public PortalAboutWoods Estates Covenants, 2nd Addition, Recorded 2020/10/19Page 1 of 5 111111111111111111111111111ii 111 1111 11111111111111 IIIII Doc ID: 022537320005 Type: LAN Recorded: 10/19/2020 at 02:14:08 PM Fee Amt: 827.00 Page 1 of 5 Scott County Iowa Rita A. Vargas Recorder F11e2020_00032705 RESTRICTIVE & PROTECTIVE COVENANTS FOR WOODS ESTATES OF RIVERDALE — SECOND ADDITION Preparer Information: Return Document To: Recorder's Cover Sheet Jay Sommers Attorney at Law 4555 Utica Ridge Road Bettendorf, [A 52722 Jay Sommers Attorney at Law 4555 Utica Ridge Road Bettendorf, IA 52722 Document or instrument number of associated documents previously recorded: 2020-17485 Page 2 of 5 Prepared by: Jay Sommers, 4555 Utica Ridge Road, Bettendorf, IA 52722 Return to: Jay Sommers, 4555 Utica Ridge Road, Bettendorf, IA 52722 RESTRICTIVE AND PROTECTIVE COVENANTS FOR WOODS ESTATES OF RIVERDALE - SECOND ADDITION The undersigned, Woods Construction and Development, Inc., as owner and proprietor of all of the real estate comprising WOODS ESTATES OF RIVERDALE SECOND ADDITION TO THE CITY OF RIVERDALE, SCOTT COUNTY, IOWA, does hereby establish the following Restrictive and Protective Covenants which shall be Covenants running with the land, to -wit: 1. No building, fence, wall, swimming pool or other structure shall be constructed, erected, placed, altered or maintained upon any lot within said Addition, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, colors, location of the same on the lot, approximate costs of such building or other structure, and the grading and landscape plat shall have been submitted to and approved in writing by the developer, Woods Construction and Development, Inc., its successors or assigns, or by any Architectural Control Committee appointed by said developer. 2. No building or structure of any kind whatsoever other than a single-family residence shall be erected on any lot within this Addition, and any such single-family residence shall be used only for residential purposes 3. Each single-family residence is required to have at least a two car, attached garage erected as part of said single- family residence and no detached garage shall be permitted within said Addition. 4. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in said Addition shall at any time be used as a residence and no detached garage shall be permitted within said Addition. S. Motorcycles, three -wheel all -terrain vehicles, trucks, trailers, boats, boat trailers, mobile homes, motor homes, campers, camper trailers and other motorized vehicles, except family automobiles, shall not be parked or stored on any lot or street for more than seventy-two (72) continuous hours in said Addition however; said vehicles may be stored in a garage. 6. Due to the unsightliness and possible annoyance to the other residents of said Addition, no work such as dismantling or repairing of automobiles, boats or any machinery or any similar vehicles or machinery in the driveways, streets or outside of garages throughout the Addition shall be permitted. Page 3 of 5 7. Firewood may be stored on any lot only in such a manner which is no way becomes unsightly to the immediate surrounding lot owners and must be stored in the back -yard area. 8. No signs of any kind shall be displayed to the public's view on any lot except one professional sign of not more than five square feet, advertising the property for sale or rent, or signs used by the developer -owner and any builder to advertise the property during construction and sales period. 9. No obnoxious or offensive trade shall be carried on upon any lot in said Addition, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other lot owners in said Addition. 10. All lot owners shall install all exterior lighting on any structure of lot within said Addition in such manner that the lights reflect downward and are shielded such that no direct rays of light from the light source are transmitted onto other lots or other structures within said Addition. The following exterior lights are no permitted within said Addition: A. Mercury vapor lights. B. Insect control lights or devices. 11. No television or radio towers, rooftop television antennae and no satellite dishes in excess of eighteen inches (18") in diameter, and no free-standing towers or antennae of any kind shall be permitted on any lot in said Addition. 12. No lot within said Addition may be subdivided or re - platted except by the developer -owner, Woods Construction and Development, Inc., and approval of the City of Riverdale per its zoning and subdivision ordinances. 13. 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 that they are not kept, bred or maintained for commercial purposes. Any household pet shall be leashed or tethered when leaving their owner's lot in said Addition. 14. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Trash, garbage, rubbish and other waste shall not be kept except in sanitary containers. Equipment for the storage or disposal thereof shall be kept in a clean, sanitary condition. 15. The owner of each lot, vacant or improved, shall keep his/her lot or lots free of weeds and debris. 16. Mailboxes shall be located at positions designated by the U.S. Postal Service and no individual boxes shall be allowed on a lot. 17. A minimum of eight (8) trees. that are a minimum of three (3) inches in diameter shall be planted prior to the owner of said lot receiving final certificate of occupancy for the house constructed on the. lot. In the event any of the eight (8) trees required to be planted do not survive, the owner of said lot that the tree failed to live, shall remove the dead tree and plant a replacement tree within a reasonable time of the removal of the dead tree however; not to exceed six (6) months. Page 4 of 5 18. The developer then shall plant one -hundred (100) trees on the entrance, hillside and northeast property line of the development. 19. Woods Construction and Development, Inc., reserves the right to form an owner's association and in the event an owner's association is formed, owners of all lots shall become members of said association, subject to a uniform assessment for the improvement of any common property. Woods Construction and Development, Inc,. or its successors or assigns, shall not be required to pay a uniform assessment to said association. 20. Invalidation of any one of these covenants by judgment, decree or Court order shall in no way affect any of the other provisions which shall remain in full force and effect. 21. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the Covenants or Restrictions herein during any period in which the Covenants or Restrictions are in full force and effect, it shall be lawful for any person or persons owning any other lots in said addition to prosecute and bring.proceedings at law or in equity against the person or persons violating or attempting to violate any such Covenant or Restriction, to prevent him or them from so doing or to recover damages or other dues .for such violation. 22. The Covenants and Restrictions of this Declaration shall run with and bind the land for a term of 21 years from the date this Declaration is recorded, after which time the same may be extended by a verified claim signed by one member of the Association who renews said Restrictive Covenants pursuant to Iowa Code Section 613.24. 23. Woods Construction and Development, Inc. retains the right to amend this Declaration to add adjoining real estate to be subjected to the provisions hereof and/or replat one or more lots within the affection real estate (such re -platting being subject also City of Riverdale approval pursuant to Section 12 of this Agreement). Furthermore, this Declaration may be amended by: (i) Woods Construction and Development, Inc., as long as it owns fifty percent (500) or more of the real estate subject hereto; or(ii) by seventy five percent (75%) or more of the Owners of the real estate subjected to this Declaration. 24. The right to enforce these Covenants by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is reserved to the several owners of the several lots in this subdivision and to their heirs and assigns and to the City of Riverdale if the City, in its sole discretion, determines such enforcement appropriate. 25. Woods Construction and Development, Inc., as subdivider of this addition, in order that there be harmony in design of the exterior of any residential building, or buildings, incidental to such residential use as may be erected in said addition, the exterior design of any such building, or buildings, incidental to such residential use including review of blue prints, size of materials and exterior color shall be approved by Woods Construction and Development, Inc., and/or Seth Woods, and unless such exterior design be so approved such residential building or buildings, incidental thereto, shall not be erected. This approval must be in writing. 26. Woods Construction and Development, Inc. shall also have absolute and final approval on the erection and construction of any outbuildings, sheds, or appurtenant structures as far as the Page 5 of 5 locations, style, design, or size. This approval must be in writing. Date: October 16, 2020 Woods Construction and Development, Inc. By Seth Woods, President STATE OF IOWA, SCOTT COUNTY, SS: On this 16th day of October, 2020, before me, a Notary Public in and for said County, personally appeared Seth Woods to me personally known, who being by me duly sworn did say that he is the President of Woods Construction and Development, Inc. and that said instrument was signed on behalf of said Woods Construction and Development, Inc. and the said Seth Woods acknowledged the execution of said instrument to be the voluntary act and deed of said Woods Construction and Development, Inc. as voluntarily executed. fj JAY SOMMERS ;T..Commtssion Numb 706677 MyCommission • January 19, 2022