HomeMy Public PortalAboutWoods Estates Covenants, 2nd Addition, Recorded 2020/10/19Page 1 of 5
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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.
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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.
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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
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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