AMENDMENT TO DECLARATION OF
GREEN MEADOWS WEST HOMEOWNERS’ ASSOCIATION
IN RE: Lots 1 through 68, inclusive, and Outlot “Z” in GREEN MEADOWS WEST PLAT 5, an Official Plat, now included in and forming a part of the City of Johnston, Polk County, Iowa.
This Amendment to Declaration is executed made this 20th day of July 1994, 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 as Lots 1 through 68 inclusive, in Green Meadows West Plat 5, 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 Green Meadows West Plat 5:
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 4nd Restrictions set forth herein.
ARTICLE I
General Use Restrictions and Building Specifications
Lots 1 through 68, inclusive, in Green Meadows West Plat 5, an Official Plat, now included in and forming a part of the City of Johnston, Polk County, Iowa (“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 8ingie 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 in Green Meadows West Plat 5.
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 the following height:
Lots 1 through 68 Six (6) feet in height except that the walls, fences or hedges shall not be constructed in those areas designated as “no mow” areas in Exhibit “A” attached hereto.
(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.
F. Utility Meters.
Utility meters shall be hidden architecturally or through the use of remote reading devices.
G. Mailboxes.
All mailboxes shall be rural in style, nineteen inches (19”) long x six and one-half inches (6½”) 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”) I.D. 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.
H. 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 mini mum setback area. The definition of the terms “front yard”, “side yard”, “rear yard”, “building.” “structure” or other similar term relating to setbacks shall he the same as that definition contained in the City’s Zoning Ordinance.
I. Utilities.
All utilities, including trunk and service lines for telephone, electricity and cable television, shall be constructed and located underground.
J. Security Lighting.
Security lighting for driveways, parking and other areas shall be designed, located and directed in a fashion which will avoid direct lighting onto adjoining tots.
K. Paving of Driveways.
All parking and driveway areas shall be hard surfaced, using a suitable thickness of Portland cement or asphaltic binder pavement.
L. Sodding.
Except for those areas described in Exhibit “A” as no mow areas, 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.
M. 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.
N. Tents and Trailers.
No tent, trailer, boat, camper, motorhome, or truck rated larger than three-quarter ton or other movable or temporary structure or enclosure or inoperative motor vehicle 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.
O. 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 any Lot from outside Green Meadows West flat 5. No mobile homes, modular or factory manufactured homes shall be permitted at any time.
P. 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 4 and the neighboring environment.
Q. 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: provided, however, that in no event shall any exterior foundation be exposed more than twelve (12).inches above finish grade.
R. Roof Material.
Roof materials shall be slate, tile, medium to thick butt wood shingles or high quality asphalt shingles with a minimum weight rating of 260 pounds.
S. Swimming Pools.
Above ground swimming pools or nonpermanent swimming pools are prohibited, except for small wading pools for infants.
T. 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 as determined by the Green Meadows West Homeowners Association;
(ii) It shall be located so that no part of the dish is mote than ten (10) feet from the home it serves, L1nlesn special permission is obtained from the Green Meadows West Homeowners Association;
(iii) It shall not exceed eight (8) feet in diameter;
(iv) It shall he 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 toot line.
U. 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.
V. Building Plan.
When a building plan is filed with the City of Johnston by an owner or developer of a Lot, a duplicate shall be filed with the Association for informational purposes. These plans will be handled as confidential information by the Association, to be used for the sole purpose at monitoring compliance with Green Meadows West Plat 5 Use
W. 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.
X. 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.
Y. Maintenance of Lot.
The owner or person in possession 4 any Lot, whether vacant or improved, shall, keep the Lot tree of debris and shall keep the Lot mowed (except those areas designated a 14 “no mown areas in Exhibit “*“) 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 re 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. Lots 52 through 67, inclusive, in Green Meadows West Plat 5, Johnston, Iowa:
(i) All homes shall face Chambery Boulevard and shall be traditional in architectural appearance and one and one-half (1 or two (2) stories in height.
(ii) The front yard setback shall be at least forty (40) feet.
(iii) 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 and the yard deemed to be the front shall have a setback of at least forty (40) feet.
(iv) The rear yard setback shall be at least thirty five (35) feet.
(v) As to Lots 52, 58, 59, 60, 61, and 67 in Green S Meadows West, Plat 5, no garage shall face Chambery Boulevard.
(vi) Each home shall have a minimum of twenty-four hundred (2400) square feet of finished floor area, 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. Lots 1 through 51 and Lot 68, inclusive, in Green Meadows West Plat 5, Johnston, Iowa:
(i) The front yard setback shall be at least thirty-five (35) feet.
(ii) The aide yard setbacks shall be a total of at least fifteen (15) feet with a minimum setback of seven (7) feet on any one side. On double frontage Lots, the aide determined to be the side yard shall have a setback of at least twenty-six and one-quarter (26.25) feet.
(iii) The rear yard setback shall be at least thirty- five (35) feet. As to Lots 22 through 24 in Green Meadows West Plat5, there shall be areas designated as generally set forth in Exhibit “A” which shall be “no mow’ or “no maintenance” areas. All owners of Lots 22 through 24 shall take title to these Lots with the understanding and covenant that the boundaries of the “no mow” areas generally described in Exhibit “A” may be subject to some minor adjustments or reconfiguration as conditions may dictate in the future, all as determined in the sole discretion of the Board of Directors of the Green Meadows West Homeowners’ Association. The Owners of said Lots hereby covenant and agree to maintain these “no now” areas in-their natural state and habitat and not to 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 as designated on the attached-Exhibit
(iv) Ranch-style homes shall have a minimum of sixteen hundred fifty (l560) square feet of finished floor area, exclusive of basements, garages, porches, decks, patios and breezeways. Each home exceeding one story shall have a minimum of twenty-two hundred (2200) square feet of finished floor area, exclusive of basements, garages, porches, decks, patios and breezeways. Enclosed garage parking attached to the home shall be provided and shall provide parking for a minimum of two (2) automobiles.
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 Lot 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 Lot 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 Green Meadows West Plat 5, 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 Lots 1 through 68, inclusive, in Green Meadows West Plat 5, 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 flat (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 5 (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 5 (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 mote of the terms or conditions oE 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 3 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 20th day of July, 1994, 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
