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RESTRICTIVE
COVENANTS AND
TRUST INDENTURE
STATE OF IOWA
)
) ss.
Des Moines County )
We, the undersigned, Daryl H. Bohlen and Barbara A. Bohlen, husband and
wife, state that we are the owners of the real estate legally described on
Exhibit A attached hereto.
Because of the natural characteristics, setting, and uniqueness of the
real estate as above-described, Wildlife Lakes Subdivision and its various
additions and the future additions, and to insure the harmonious
development of the area, and because the current owners wish to encourage
and promote a harmonious building theme, and wish further to promote the
maintenance of the existing ponds located on the real estate and the
roadway system now located on the real estate known as Wildlife Lakes
Drive, and such additions as there may be to said roadway, the landowners
adopt the following Restrictive Covenants and further adopt the following
Trust Indenture.
RESTRICTIVE COVENANTS
1. One dwelling shall be permitted on each platted lot. One additional
building will be allowed on each lot for use as a garage or storage
building. All house plans and building plans must be approved by the
Trustees prior to construction. It is assumed by the undersigned that Lot
Number 9 in Second Addition to Wildlife Lakes Subdivision may be
resubdivided into more than one platted lot, and also Parcel #4 may later
be subdivided into platted lots.
2. No dwelling shall be permitted within the subdivision having a square
foot living area of less than 1600 square feet in the case of a one-story
structure, 2000 square feet in the case of a two-story structure, or 2200
square feet in the case of a tri-level or a split level structure.
Basements exposed or unexposed on one or more sides shall not be counted
in the above square footage requirement.
3. The exterior colors of structures shall be generally subdued to blend
with the colors of the natural landscape. Earth tones are recommended.
Exterior surfaces shall be of natural materials that blend and are
compatible with the natural landscape, or as are approved by the Trustees.
All roofs shall be of a material, color, and texture as approved by the
Trustees. The roof pitch of each building shall be 5-12 or steeper, or as
approved by the Trustees. Foundation walls should blend with the adjacent
exterior walls of each dwelling.
4. Lot owners and builders are required to revegetate and restore ground
cover for erosion and appearance reasons and they
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shall conserve and protect trees, top soil, rock formations, and unique
landscape features. Site drainage and grading will be done with minimum
disruption to the lot and shall not drain to adjoining lots nor cause a
condition that could lead to soil erosion.
5. Titleholder of each lot, vacant or improved, shall keep his lot or lots
free of weeds and debris. No lot shall be used for other than residential
purposes, and no trailer, basement, tent, shack, garage, barn, or other
outbuilding erected in the tract, shall at any time be used as a
residence, temporarily or permanently, nor shall any residence or building
of a temporary character be permitted. Tract #4 may be used for farming
purposes until later subdivided.
6. All electric, telephone, television, radio, and other utility lines
shall be placed underground when extended from the lot line to any
dwelling or other improvement on the lot. All septic systems must be
approved by Des Moines County Health Officials and conform to all Des
Moines County Ordinances.
7. No noxious or offensive activity shall be carried on at any lot nor
shall anything be done or placed therein which may
become a nuisance or cause unreasonable embarrassment, disturbance, or
annoyance to other owners in the enjoyment of their lots or open spaces.
8. All lot lines shall be kept open and free one to another, and no fences
and plantings simulating fencing shall be permitted on any lot or lot
lines unless such is approved by the Trustees and deemed to be in keeping
with the character of the area or as a necessity for safety.
9. Exterior television antennas are to be discouraged, but the Trustees
may allow such antennas if they are placed in a manner and location as to
be least visible from neighboring lots or open spaces.
10. No domestic animals or fowl totaling more than three (3) generally
recognized house or yard pets shall be maintained on any lot. If an owner
chooses to keep house or yard pets, said owner shall at all times have
them under his or her control, whether within the owner's lot or in any
other location within the property. Animals shall not be permitted to roam
at will. The Trustees shall have the right to adopt further rules and
regulations to enforce this provision. Dog pens shall be placed where they
are not offensive or distracting in any way to neighboring dwellings.
11. No trailer, vehicle, or boat shall be constructed, reconstructed, or
repaired upon any lot in such a manner that that activity is visible from
neighboring lots, open spaces, or roads.
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12. Each lot shall be served by natural gas lines, and no butane tanks,
propane tanks, or fuel oil tanks will be permitted in the subdivision.
13. No hunting or use of firearms is permitted on any of the public or
private areas of the property, except for Parcel #4 which shall be
excluded from this provision until Parcel #4 is subdivided.
14. No dwelling or structure shall be erected within thirty (30) feet of
any property line or the water line of the lakes and ponds contained
within this property, unless the lot owner receives express written
approval of the Trustees to vary this provision.
15. The owners of lots in this subdivision shall not at any time grant any
easement to any person or permit any right of way or usage of any sort for
crossing said lots for the purpose of access to or ingress or egress to or
from, any other property adjoining or contiguous to any of the lots in
Wildlife Lakes Subdivision or its various additions thereto.
16. Inoperable mechanical equipment shall not be permitted on the
property, unless stored out of sight by appropriate screening or stored
inside of a building. Any screening must meet the approval of the Trustees
and this approval must be in writing. No travel trailers, motor homes,
boats, semi trailers or similar equipment shall be parked on a platted lot
or on the roadway or right of way. Owners wanting to leave such equipment
longer than 24 hours within the owners lot must receive approval from the
Trustees but even then permission may be granted for only a temporary
length of time, and never for a permanent basis unless stored inside.
17. Motor vehicles shall not be operated at a speed in excess of 20 mph on
Wildlife Lake Drive or any of the roadways located within the
subdivisions. Lot owners shall not park vehicles of any kind on the road
right of way / easement (except in emergencies or special occasions).
18. Except in the performance of work in connection with maintenance and
improvements of the lakes and dams, motors shall not be used on any lake
or proposed lake except those electrically powered. Stocking of the lake
is to be done only in cooperation with the developers and the Trustees.
19. These Covenants shall run with the land and be binding on all parties
and persons claiming by, through or under them, for a period of twenty
(20) years from the date hereof, at which time these Covenants shall
automatically be extended for successive periods of ten (10) years, unless
by a vote of the majority of the then owners of the lots in Wildlife Lakes
Subdivision and the additions thereto, it is agreed to change these
covenants or any
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of them in whole or in part. In voting to change these Covenants, one vote
shall be allowed for each of the then lots.
20. If the parties hereto, or any of them, or their heirs or successors or
assigns, shall violate or attempt to violate any of the covenants or
restrictions herein, it shall be lawful for any other person or persons
owning any other lots in said development 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 so doing or recover damages or other dues for such violation.
21. Invalidation of any one of these covenants by judgment or court order
shall in no wise affect any of the provisions which shall remain in full
force and effect.
ROAD MAINTENANCE, POND MAINTENANCE,
AND SUPERVISORY AGREEMENT
WHEREAS, the undersigned are the owners of the property encompassed within
Third Addition to Wildlife Lakes Subdivision, and proposed future
additions thereto, all in Des Moines County, Iowa; and
WHEREAS, the undersigned desire that the roads appearing on the Plat of
Third Addition to Wildlife Lakes Subdivision (and prior additions), known
as Wildlife Lakes Road and Whitetail Run Drive be maintained, and further,
the undersigned desiring that the lakes and ponds located within these
subdivisions be maintained, the undersigned hereby agree as follows:
1. The undersigned hereby grant permanent easements over and across that
portion of their land, if any, as may be required in connection with the
maintenance of Wildlife Lakes Drive and Whitetail Run Drive, and any
future extensions of Wildlife Lakes Drive. This Road Easement shall
provide access to those lots bordering Wildlife Lakes Drive and Whitetail
Run Drive, and it shall be permanent and run with the land, unless by a
vote of all of the owners of the lots in this subdivision affected by this
roadway vote to terminate or modify the Maintenance Agreement in whole or
in part. Extensions of Wildlife Lakes Drive shall be at the expense of the
developer.
2. Three of the lot owners in Wildlife Estates, 1st, 2nd, and 3rd
Additions, will be elected as Trustees to oversee the on-going operations
of the Restrictive Covenants as above set out, the maintenance of the
roadway system, and the maintenance of the lakes and ponds located on the
property. Initially, one lot owner will be elected for a one-year term,
one property owner will be elected for a two-year term, and one property
owner will be elected for a three-year term. Each January 1, a Trustee
will be elected for a three-year term to replace the retiring Trustee or
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to fill the term of Trustees that have, during the year, declined to serve
or have moved.
3. The Trustees are hereby granted powers as necessary to keep and
maintain the subdivision roadways in reasonable repair, including but not
limited to the authority to employ those persons necessary to insure
adequate maintenance. The Trustees shall have the authority to maintain
reasonable cash reserve in an amount not to exceed $600.00. The Trustees
shall have the authority to assess a monthly road maintenance fee until
the maintenance fund reaches the sum of $600.00. After this sum is
reached, necessary assessments may be made on a monthly, semi-annual, or
annual basis to maintain this amount. Road maintenance assessments shall
be made only upon those lot owners whose lots border and who use Wildlife
Lakes Drive and Whitetail Run Drive, and other roadway systems that may be
established within the property encompassed by this Agreement. Said
assessments shall be on an equal basis and shall be only as to those lots
that have been improved by the construction of a dwelling unit.
4. The Trustees are hereby granted powers as necessary to keep and
maintain the ponds and lakes located within the properties encompassed in
this Agreement, in reasonable repair, including but not limited to the
authority to employ those persons necessary to insure adequate maintenance
of the ponds and lakes and the dams. Property owners bordering the lakes
within Wildlife Lakes Subdivision will be responsible for costs related
only to the body of water that they are bordering, and those costs shall
be assessed equally by the Trustees to those lot owners bordering a
particular lake. A lot owner's access is limited to the lake that they
border (live on) except those lots developed in Third Addition to Wildlife
Lakes Subdivision plus lots to be developed in Parcel #4 which shall be
granted access to Wildlife Lake even though the lot may not border
Wildlife Lake, and these lots shall be assessed equally with other lots
for lake maintenance. Lot owners grant to the Trustees, such easements as
may be necessary for the establishment and maintenance of the lakes and
only lot owners have access to "their" lake. No guests of a land owner
shall use the lakes unless accompanied by a member of the lot owners
family. The Trustees may determine an assessment schedule that may be
levied on a monthly, semi-annual, or annual basis to the lot owners for
pond maintenance.
5. All elections of Trustees shall be by secret ballot, and the ballots
and meeting place shall be provided by the Trustees. The Trustees shall
serve as judges of elections and shall count and record the results of any
election. Each lot in the subdivision shall be entitled to cast one vote
at any election scheduled by the Trustees. Developers unplatted and
unsubdivided land will be considered as one lot, and thus, one vote for
the undeveloped portion.
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6. The undersigned property owners hereby appoint the Trustees hereinafter
elected, as their attorneys in fact, with authority to file a lien for any
unpaid assessment against the real estate of any lot owner failing to pay
any assessment within thirty days following the date said assessment is
due and payable. The Trustees may also bring an action for the purpose of
foreclosing any lien or assessment, and the Trustees shall be indemnified
for all costs incurred in the filing of said lien or prosecuting any
action to foreclose any lien, including the payment of reasonable
attorney's fees incurred thereby.
7. If maintenance of the subdivision roadways is subsequently taken over
by any governmental authority, the undersigned shall and do hereby assign
the Easements provided for herein to such governmental authority and shall
by the Trustees, relinquish all right, title, and interest to said
easements, and any funds then remaining in the Trustees bank account shall
be divided equally among the then lot owners of those lots affected by the
Road Maintenance Agreement. Wildlife Lakes Third Addition Subdivision
owners agree to consider voluntary annexation if at some time in the
future the City of West Burlington annexes adjacent property.
8. The Trustees, as herein provided for and as subsequently elected, shall
have the responsibility and authority to oversee the Restrictive Covenants
as previously set out and shall insure compliance of those Restrictive
Covenants by persons purchasing lots in the area encompassed in the
property described on Exhibit A attached hereto.
9. This Agreement shall run with the land and shall be binding on the
owners, their heirs, administrators, executors, and assigns.
DATED this _______ day of _______________________, 1996.
______________________________
Daryl H. Bohlen
______________________________
Barbara A. Bohlen
Subscribed and sworn to before
me this ______ day of _____________, 1996, by the said Daryl H. Bohlen and
Barbara A. Bohlen, husband and wife.
______________________________
NOTARY PUBLIC IN AND FOR
THE STATE OF IOWA
EXHIBIT A
Third Addition, Wildlife Lakes Subdivision, in Des Moines County, Iowa.
PARCEL #4
The Southwest 1/4 of the Southwest 1/4 of Section 22, Township 70 North,
Range 3 West of the 5th P.M., Des Moines County, Iowa, excepting that
portion of Lot 1 in Wildlife Lakes Subdivision lying within said Southwest
1/4 of the Southwest 1/4.
OWNERS - DARYL H. BOHLEN and BARBARA A. BOHLEN
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