DECLARATION OF USE RESTRICTIONS AND
BUILDING SPECIFICATIONS
This Declaration is made this 9th day of January by GREEN MEADOWS, LTD., an Iowa corporation (“Green Meadows”).
W I T N E S S E T H:
WHEREAS, Green Meadows is the owner of certain property in the City of Johnston, Polk County, Iowa, described in Exhibit “A” attached hereto, to be platted and known as Green Meadows West Plat 9, an Official Plat, now included in and forming a part of the City of Johnston, Polk County, Iowa (“Property”); and
WHEREAS, Green Meadows desires to develop the Property as a planned community and to establish certain Use Restrictions and Building Specifications for the benefit of Owners within the Property;
NOW, THEREFORE, Green Meadows by the execution and recording of this document, hereby declares that all Property shall be held, occupied, sold and conveyed subject to the Covenants and Restrictions set forth herein.
ARTICLE I.
General Use Restrictions and Building Specifications
The Property shall be held, occupied, sold and conveyed subject to the following General Use Restrictions and Building Specifications as well as those Restrictions set forth elsewhere in this Declaration:
A. Single Family Residence.
The use of Lots shall be limited to single family residential use. A family is defined as one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or adoption, no family shall contain more than four (4) persons. Uses of land or structures customarily incidental and subordinate to the single family residential use as permitted by the City of Johnston (“City”) Zoning Ordinance are permitted unless prohibited or otherwise regulated by this Declaration.
B. Playhouses and Sheds.
No playhouse, utility building, storage shed, lean-to or other similar structure shall be permitted; provided, however, that a child’s playhouse may be permitted if the floor area does not exceed sixty-four (64) square feet and if the exterior and the roof are constructed of the same material and have the same color and appearance as the residential dwelling on the same Lot.
C. Garages.
No detached garages shall be permitted on the Property!
D. Fences and Hedges.
No fences, walls, hedges or barriers shall be permitted upon Lots or adjoining property lines except as follows:
(i) Walls, fences, or hedges are permitted along rear property lines and side property lines behind the front yard setback lines but they shall not exceed six (6) feet in height.
(ii) The fence fabric or fence screening material, shall be mounted on the exterior face of the fence posts or fence framing. No chain link fence, including a chain link fence around a dog run, shall be permitted unless it is a black vinyl clad fence. All fences shall be kept in good repair and attractive appearance.
E. Trees.
A minimum of one (1) tree is required per one thousand three hundred (1,300) square feet of space unoccupied by structures, parking, sidewalks or driveways. At least forty percent (40%) of the trees shall have a minimum of two-inch (2”) trunk diameter measured two (2) feet vertically from the ground level. Street trees are included for the purposes of computing the above minimum requirement.
F. Mailboxes.
All mailboxes shall be rural in style, nineteen inches (19”) long x six and one-half inches (6+”) wide x eight and three-quarters inches (8¾”) high, similar to those manufactured at the filing of this Declaration by Maklanburg-Duncan Company, Oklahoma City, Oklahoma. The mailbox shall be mounted on a two inch (2”) 1.0 vertical steel pipe. The pipe base shall be imbedded in concrete with the bottom of the mailbox door placed forty-two inches (42”) above the street and six inches (6”) behind back of curb. A metal newspaper receptacle shall be mounted on the pipe directly under the mailbox. The mailbox, pipe and newspaper holder shall be all painted in a color equal to Maklanburg-Duncan’s standard dark brown. Identification on the mailbox shall be one and one-half inches (1½”) high, white Helvetica medium style vinyl numbers mounted horizontally on the lower rear corner of the mailbox only. Name plates, plaques or similar devices shall not be permitted. In the event of a conflict between the requirements in this section and the requirements of the United States Postal Service, the requirements of the United States Postal Service shall govern.
G. Measurement of Setbacks.
The minimum setbacks as hereinafter specified shall be measured from the Lot line from which the setback is being measured to the nearest building or structure. No buildings or structures (except for permitted fences or mailboxes) shall be constructed or maintained within the required minimum setback area. The definition of the terms “front yard”, “side yard”, “rear yard”, “building”, “structure” or other similar term relating to setbacks shall be the same as that definition contained in the City’s Zoning Ordinance.
H. Utilities.
All utilities, including trunk and service lines for telephone, electricity and cable television, shall be constructed and located underground.
I. Paving of Driveways.
All parking and driveway areas shall be hard surfaced, using a suitable thickness of Portland cement or asphaltic binder pavement.
J. Sodding.
All portions of a Lot (except Common areas) not occupied by structures, walkways, driveways, parking or landscaping shall be sodded within ninety (90) days after completion of the residence upon the Lot unless weather conditions make this requirement impossible to meet, in which event the Green Meadows West Homeowners’ association (hereinafter “Association’) shall establish a reasonable period of time for compliance.
K. Garbage Cans and Equipment.
Items such as garbage cans, clothes lines, lawn or garden equipment, building materials and other similar items shall be placed out of public view. Firewood shall not be stored on the front side of a house. Furthermore, any repair of motorcycles, automobiles or other vehicles shall be done out of public view.
L. Tents and Trailers.
No tent, trailer, boat, camper, motorhorne, or truck rated larger than three-quarter ton or other movable or temporary structure or enclosure shall be maintained or parked on any Lot or street within public view for more than a cumulative of seven (7) days in any calendar year.
M. Temporary Structures; Mobile Homes.
There shall be no occupancy of temporary structures or partially completed structures. No home or other building shall be moved onto the Property. No mobile homes shall be permitted at any time.
N. Architectural Character.
The architectural character of any structure shall be in harmony with, and compatible with, those structures in Green Meadows West Plats 1 through 6 and the neighboring environment.
O. Exterior Foundations.
Exterior foundations exposed above finish grade which are not faced with brick or stone shall be painted to match the rest of the structure.
P. Roof Material.
Roof materials shall be high quality asphalt shingles with a minimum weight rating of 260 pounds. Certainteed Horizon decorative asphalt shingles, weathered wood color or equivalent are encouraged.
Q. Swimming Pools.
Above-ground swimming pools or non-permanent swimming pools are prohibited, except for small wading pools for infants.
R. Satellite Dish.
A satellite dish or parabolic device used to receive television signals from satellites shall be permitted only if it meets the following requirements:
(i) It shall not be mounted on a trailer or other temporary or portable device, but shall be permanently installed in an acceptable fashion;
(ii) It shall be located so that no part of the dish is more than ten (10) feet from the home it serves, unless special permission is obtained from the Green Meadows West Homeowners’ Association;
(iii) It shall not exceed eight (8) feet in diameter;
(iv) It shall be constructed of see-through mesh material, black in color;
(v) It shall be appropriately landscaped and screened.
(vi) It shall be located at the rear of the home it serves.
This section shall not apply to any satellite dish or parabolic device which does not exceed four (4) square feet in area and which is attached to the home it serves; provided, however, that such a device shall not extend above the roof line and shall not be visible from the street.
S. Dog Runs and Houses.
Dog runs shall not be permitted unless they are located at the rear of the house or garage and extend toward the rear of the Lot from that portion of the house or garage which is closest to the rear Lot line. Any dog house shall have the same external appearance, color and roof material as the home situated on the Lot. No dog house shall exceed twenty (20) square feet in area.
T. Towers and Antennas.
No extension tower or antennas of any kind shall be constructed or maintained on any Lot; provided, however, that usual and customary television antennas shall be permitted on homes or garages.
U. Noxious Activities; Livestock.
No noxious or offensive activity, noise or odors shall be permitted on or to escape from any Lot, nor shall anything be maintained or done thereon which is or may become an annoyance or nuisance either temporarily or permanently. No animals, livestock, pigs, snakes, or poultry of any kind shall be raised, bred or kept on any Lot or within any house or structure on a Lot except that dogs, cats, rabbits and other small commonly accepted domestic pets may be kept so long as they are not kept, bred or maintained for commercial purposes or sale to the public. In no event, however, shall more than two (2) dogs be maintained on any one Lot. Dogs shall be tied, kept on a leash, fenced or kept in a dog run at all times.
V. Maintenance of Lot.
The owner or person in possession of any Lot, whether vacant or improved, shall keep the Lot free of debris and shall keep the Lot mowed so that the grass or weeds do not exceed six (6) inches in height. each Owner of a Lot agrees that after he receives written notice given by certified mail, return receipt requested, or delivered, in person by written notice, by any Lot Owner within five hundred (500) feet of such Lot or by the Association, such grass or weeds shall be cut and debris removed within fifteen (15) days of receipt of the notice. If the grass or weeds are not mowed within fifteen (15) days of receiving notice, any Lot Owner within five hundred (500) feet of the offending Lot or the Association shall have the right and easement to enter upon the premises and mow or cut the weeds or grass or remove the offending debris. If the Association elects to mow or remove the debris from the offending Lot after giving the above-described notice, the Association shall have the right to assess the actual cost thereof against the offending Lot in the same fashion as other assessments are imposed on Lots by the Association.
ARTICLE II.
Special Use Restrictions
In addition to the general use restrictions and building specifications set forth in Article I above, the following specific use restrictions and building specifications shall apply to the following described Lots:
A. All lots within the Property:
(I) The front yard setback shall be at least thirty (30) feet.
(ii) The side yard setbacks shall be a total of at least fifteen (15) feet with a minimum setback on one side of seven (7) feet. On double frontage Lots, the side yard setback shall be at least twenty-six and one-quarter (26.25) feet.
(iii) The rear yard setback shall be at least thirty-five (35) feet.
(vi) The home shall have a minimum of fifteen hundred (1500) square feet of finished floor area if a ranch style home and sixteen hundred (1600) square feet for all other homes, exclusive of basements, garages, porches, decks, patios and breezeways. Enclosed garage parking attached to the home shall be provided for a minimum of two (2) automobiles.
B. No Mow Areas.
Certain of the lots within the Property shall be subject to “no mow” restrictions. The owners of lots subject to the “no mow” restrictions shall keep such “no mow” areas in their natural state and habitat and shall not disturb these areas except for any necessary noxious weed eradication or the removal of any nuisance with the prior approval of the Board of Directors of the Green Meadows West Homeowners’ Association. Furthermore, the Owner shall not erect any structures, houses, buildings or park any vehicle or store anything on the “no mow” areas. At the time of filing these Covenants, the “no mow” areas have not been finally designated. Consequently, the Owner/Developer of lots within the Property and Green Meadows, Ltd. shall mutually agree on the exact locations of the “no mow” areas and shall execute an Amendment to these covenants, including an exhibit showing the location and con figuration of the “no mow” areas.
ARTICLE III.
Enforcement of Covenants
A. Legal Action. These Covenants shall be deemed to run with the land to which they apply and all improvements thereon. The Owner of any Lot or portion thereof to which these Covenants and Restrictions apply or the Association may bring an action in any court of competent jurisdiction to enforce these Covenants and enjoin their violation, mandate their compliance or to recover damages for the breach thereof or for any other remedy or combination of remedies recognized at law or in equity.
B. Penalties. In addition to the remedies described above in Paragraph A or elsewhere in this Declaration, the Green Meadows West Homeowners’ Association is hereby authorized to levy against any Lot in violation of these Covenants an assessment penalty of $25.00 for each day a violation of the Covenants continues beyond sixty (60) days after notice of a violation has been given by the Association to the Owner of said tot by certified mail, return receipt requested, or delivered in writing in person. If the Owner of the Lot cannot be located after a diligent search or inquiry, the Association shall publish notice of the violation for two successive weeks in a newspaper of general circulation in Polk County, Iowa. If the Owner has not fully complied with the Covenants within sixty (60) days of receiving notice, or sixty (60) days after second publication of notice, the Association shall have the authority to levy an assessment penalty as described herein. This assessment shall be a lien on the Lot and shall have the same status as any other assessment levied by the Association. Any tot Owner objecting to the notice of violation shall have the right within thirty (30) days of receiving notice to request a hearing before the Association Board of Directors. Assessment of the penalty shall be stayed pending a hearing and final decision by the Association Board of Directors.
C. Delays in Enforcement. No delay or omission on the part of the Association or any owner of land to which these Covenants and Restrictions apply in exercising any rights, power or remedy herein allowed shall be construed as a waiver or acquiescence therein. No right, claim or action shall accrue to and no action or claim shall be brought or maintained by anyone against Green Meadows, Ltd. or any officer, employee or agent thereof on account of any action or inaction under this Declaration.
D. Conflict with Governmental Regulations. All property subject to this Declaration shall also be subject to any and all regulations of the City of Johnston, Iowa and any other governmental entities having jurisdiction, including, but not limited to, zoning ordinances, subdivision ordinances, building codes and other such regulations. Whenever there is a conflict between the provisions of these Covenants and the ordinances, statutes or regulations of the City, County, State, Federal or other applicable governmental entity having jurisdiction over the Property, that provision which is most restrictive shall be binding.
ARTICLE IV.
Term of Covenants; Severability
A. Duration. All of the foregoing Covenants, Conditions and Restrictions shall continue and remain in full force and effect at all times and as to Lot in Green Meadows West Plat 9, regardless of how title was acquired, from the date of filing this Declaration until January 1, 2014 unless amended by an affirmative vote of two-thirds (2/3) of the Lots within the Plat (with each Lot entitled to one (1) vote), on which date these Covenants, Conditions and Restrictions shall automatically be extended an additional ten (10) years (and extended for successive ten (10) year terms thereafter in the same fashion) unless after January 1, 2014 two-thirds (2/3) of the Lot Owners within Green Meadows West Plat 9 (excluding common areas) in writing consent to terminate this Declaration or any part thereof, in which event this Declaration, or part thereof, shall be null and void effective as of the date when the Consent is filed with the Recorder of Polk County, Iowa. Any Amendment or Consent shall be accompanied by an Affidavit by any officer of the Green Meadows West Homeowners’ Association certifying that two-thirds (2/3) of the Lot Owners within Green Meadows West Plat 9 (excluding common areas) have so consented as disclosed by the records of the Association. In determining ownership for purposes of consent, the records of the Association shall be conclusive.
B. Homeowners’ Association. Termination of any or all of the covenants contained in this Declaration shall not operate in any way to terminate the Green Meadows West Homeowners’ Association and said Association and all functions and duties pertaining thereto shall remain in full force and effect pursuant to the Declaration creating the Association.
C. Severability. In the event that any one or more of the terms or conditions of this Declaration shall be declared for any reason, by a court of competent jurisdiction, to be null and void, such judgment or decree shall in no way affect, modify, change, abrogate or nullify any of the remaining Covenants, Conditions, Restrictions or terms not so expressly held to be void and the remaining parts of this Declaration shall remain in full force and effect.
D. Reasonable Period for Enforcement. If any of the terms of this Declaration shall be held by a court of competent jurisdiction to be void or unenforceable by reason of the period of time herein stated for which the Declaration may be effective, such terms shall be reduced to a reasonable period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of Iowa or other applicable law, all as determined by the court.
GREEN MEADOWS, LTD. DECLARANT
By Jean A. Linn, President
(Signed On Original)
By Steve Schroeder, Vice President
(Signed On Original)
STATE OF IOWA )
)ss
COUNTY OF POLK )
On this 9th day of January, 1995 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jean A. Linn and Steve Schroeder, to me personally known, who, being by me duly sworn, did say that they are the President and Vice President respectively, of said corporation executing the within and foregoing instrument; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Jean A. Linn and Steve Schroeder as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
(Signed On Original)
Notary Public in and for the State of Iowa
EXHIBIT “A”
A PARCEL OF LAND WITHIN THE SOUTHWEST ¼ OF SECTION 11, TOWNSHIP 79 NORTH, RANGE 25 WEST OF THE 5TH P.M., CITY OF JOHNSTON, POLK COUNTY, IOWA, THAT IS MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY MOST CORNER OF GREEN MEADOWS WEST PLAT 4, AN OFFICIAL PLAT; THENCE N45o00’00”E, 205.00 FEET ALONG THE SOUTH LINE OF SAID PLAT TO A POINT; THENCE S45o00’00”E, 15.00 FEET ALONG SAID SOUTH LINE TO A POINT; THENCE N45o00’00”E, 220.00 FEET TO A POINT; THENCE S45o00’00”E, 359.92 FEET TO A POINT; THENCE S80o30’00”W, 260.19 FEET TO A POINT; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 225.00 FEET, AN ARC LENGTH OF 37.12 FEET TO A POINT OF TANGENCY: THENCE S00o02’54”E, 370.18 FEET TO A POINT; THENCE S89o18’09”E, 140.01 FEET TO A POINT; THENCE S00o02’54”E, 666.17 FEET TO A POINT; THENCE N89o24’48”W, 1182.22 FEET TO A POINT ON THE EAST LINE OF GLENDALE OAKS PLAT 1, AN OFFICIAL PLAT; THENCE N00o15’26”E, 134.75 FEET ALONG SAID EAST LINE TO A POINT; THENCE N00o16’51”E, 195.86 FEET ALONG SAID EAST LINE TO A POINT; THENCE N00o15’32”E, 327.48 TO A POINT ON THE SOUTH LINE OF GREEN MEADOWS WEST PLAT 6, AN OFFICIAL PLAT, THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, AN ARC LENGTH OF 221.98 FEET ALONG SAID SOUTH LINE TO A POINT OF TANGENCY; THENCE N45o00’00”E, 557.24 FEET ALONG SAID SOUTH LINE TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 85.00 FEET, AN ARC LENGTH OF 38.34 FEET ALONG SAID SOUTH LINE TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET AND A CHORD BEARING OF N69o26’20”E, AN ARC LENGTH OF 5.63 FEET ALONG SAID SOUTH LINE TO A POINT; THENCE S45o00’00”E, 139.17 FEET ALONG THE SOUTH LINE OF SAID GREEN MEADOWS WEST PLAT 4 TO THE POINT OF BEGINNING AND CONTAINING 27.104 ACRES MORE OR LESS.
