The following is provided for reference only.
PROTECTIVE COVENANTS AND RESTRICTIONS
OF
WELSH VILLAGE FIRST ADDITION – PART TWO,
CORALVILLE, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being the owners of all lots in the Subdivision to
Coralville, Johnson County, Iowa, known as Welsh Village First Addition –
Part Two, Coralville, Iowa, SUBDIVISION, the Dedication of which Subdivision
is recorded in Book ,
page , in the office of the
County Recorder of Johnson County, Iowa, for the mutual benefit of those
persons who may purchase any of the lots in said Subdivision now owned by
the undersigned, hereby impose the following covenants and restrictions
on each lot in said subdivision, which shall be binding upon all the
present and future owners of each and every parcel of ground in said
subdivision as covenants running with the land, and with such force
and effect as if contained in each subsequent conveyance of land.
- All lots shall be used only for single-family residential purposes
and no structure shall be erected on any lot other than a single-family
dwelling not exceeding two (2) stories, or two (2) stories and an exposed
basement to the side or rear, and an attached garage for not to exceed
three (3) cars.
- The following provisions shall be applicable to construction on the
subdivision lots:
- No lot shall be subdivided.
- No building shall be erected on any lot having a ground floor living
area of less than one thousand two hundred (1,200) square feet in
the case of a one-story structure, nor less than eight hundred (800)
square feet in the case of a one and one-half (1 1/2) or two-story (2)
structure. Garages and breezeways shall not be considered as
ground floor area.
- No trailer, mobile home, tent, boat, barn, outbuilding, unattached
garage, shack or shed shall be placed upon any lot except as
specifically provided in these covenants, nor shall they at any
time be used as a residence, temporary or permanent.
- No building shall be constructed nearer than 35 feet, or as noted
on final subdivision plat, to the front line or 6 feet to any side
lot line, and 30 feet from rear lot line; provided however that the
subdivider may modify this provision by written consent to said
modifications; provided however that all applicable provisions of
the Coralville, Iowa zoning ordinances shall be observed.
- Prior to any construction, plans and specifications for the proposed
structures shall be submitted to the subdivider or his designee for
approval. In addition to plans and specifications for structure, the
application shall show the location and type of fences, parking areas,
plantings, landscaping, sewer facilities and other relevant matters,
including the location on the lot of all proposed improvements, the
materials to be used and the exterior color scheme proposed. The
application shall also set forth a time schedule for construction of
improvements, and in no event will an application be approved when
the proposed construction will take longer than eight months. The
subdivider or his designee shall approve or disapprove the application
within a period of ten (10) days after receipt of all of the above
documents. Approval of said plans and specifications will remain
valid for a period of one (1) year from the date of the initial
approval of the plans. In the event construction is not completed
within said period of time, said plans must be resubmitted for
approval. Any exterior addition to or change or alteration in the
dwelling home or any structure requires the approval of the plans
and specifications including the shape, height, materials, colors
and location of the addition, has been approved by the developer or
its assignees.
- All driveways, vehicle parking area, and walkways will be constructed
of concrete, and concrete approach for driveways, and will be completed
within the eight month period set forth in the immediately preceding
paragraph.
- No fence, wall, shed, building or other structure will be erected or
maintained on any lot without first submitting plans and specifications
for the same for approval by the subdivider or its assignee. At no time
shall fencing be installed along the boundary line of a lot without
the approval of the subdivider or its designee.
- During the course of construction, it is the responsibility of each
building contractor and subcontractor to ensure that construction sites
are kept free of unsightly accumulations of rubbish, debris and scrap
metal and that the construction materials are kept in a neat and orderly
manner. The building contractor shall keep all subdivision roads and
adjoining lots free of mud, dirt, construction materials and debris.
At the time of the lot purchase closing, the building contractor shall
deposit with the subdivider the sum of $300.00 which will be held by
the subdivider until all construction is completed. The funds thus
escrowed will be used to pay the costs by the subdivider to remove
those materials from the road and adjacent lots which are in violation
of this provision. Any unused balance of the escrow funds will be
refunded to the contractor upon completion of the dwelling.
- Upon construction or completion of the dwelling home, each lot shall
have an exterior decorative yard light which will be installed with an
electronic eye and shall contain a clear white light bulb. Each lot
shall contain a mailbox purchased from Dovetail Development Group, Inc.
or assignee. The yard light shall be located 12 feet back from the
front property line and 5 feet inside of the driveway. The mailbox
shall be placed according to postal specifications. Each home shall
have a stone street number visible from the street unless waived by
the developer or its assignee.
- Upon construction or completion of the dwelling home, each lot owner
will plant in the front yard one tree with a minimum trunk diameter
of 2 inches and of the following types: Betula nigra (River Birch);
all Lindens; all maples except silver maple; all oak; all seedless ash;
all spruce; all pine; all fir; Ginkgo; and thornless honeylocust.
- The front elevation of each dwelling shall contain a minimum of 75
square feet of brick or stone, or a minimum of 200 square feet of
stucco, unless otherwise approved by the developer or its assignee.
- The following restrictions shall be applicable to the use of the
subdivision lots:
- No act constituting a nuisance as defined under the provisions of
Chapter 657, Code of Iowa, or the common law of Iowa, shall be
permitted, and the restrictions pertaining to acts within a county
in said Code chapter shall be applicable to this subdivision.
- All lots shall be maintained free of brush, debris, weeds or other
waste and such waste shall be placed in sanitary containers having
tight-fitting lids. There shall be no open burning of any materials,
leaves or brush. Front yards shall be regularly mowed to maintain a
maximum 6 inch height, groomed and maintained, unless written
exception is granted by Developer for a particular lot. If lot is
not maintained to said specifications, lot owner will be charged a
mowing or clean up fee by Dovetail Development Group, Inc. or
assignee.
- No live tree having a trunk diameter of six inches or more shall be
removed without the prior approval of the subdivider or its assignee;
provided, however, that the developer/subdivider may permit the removal
of such trees in connection with the construction of the dwelling or
other improvements on any lot. Any diseased, dead or fallen trees or
shrubs and other plants shall be cleared and removed promptly from
each lot.
- No animals, livestock, exotic pets or poultry shall be raised or kept
within the subdivision except for usual household pets, provided that
the same are not kept or maintained for commercial purposes. Pets shall
be managed in such way that they do not interfere with the quiet
enjoyment of property by other lot owners. Pets which continue to
make loud noises, damage shrubs or other flora, or attack other pets
or persons shall be considered a nuisance. All animals located off
the owners' premises shall be leashed.
- Vegetable gardens may be maintained only at the rear of a dwelling.
- Upon completion of the dwelling home, motor vehicles used by residents
shall be parked in areas designated in the building plans as parking
areas. There shall be provided on each lot sufficient off-street
parking area including driveway for the parking of at least two (2)
automobiles, which area shall be surfaced. No motor vehicle shall be
parked on the street of the subdivision overnight or at any time in
any manner which would interfere with the flow of traffic. All campers,
trailers, boats, recreational vehicles, or snowmobiles shall be stored
within a garage or at such other enclosed place where such items are
not visible from the street. At no time shall any lot, vacant or
developed, be used for any type of vehicle storage except as provided
herein.
- No lot shall contain an above-ground swimming pool, or tree house.
- No satellite dish will be installed on any portion of any dwelling lot
unless approved by Dovetail Development Group, Inc. or assignee.
- The owner of any building damaged by fire or act of God shall within
ninety (90) days, unless an extension of time is obtained from the
Board of Directors of the homeowners' association, commence restoration
or removal of said building and work shall be completed within one (1)
year. In the event of total destruction of any building, the owner
shall, within one (1) year after such event, commence to remove the
debris and restore the site to satisfactory condition. If the owner
fails to commence removal of the debris within the time. specified
above, or an extension thereof has not been granted by the Board of
Directors of the homeowners' association, said Board shall have the
right to enter upon said land and remove the debris, and any expenses
incurred shall become a lien on the lot.
- A perpetual easement for utility purposes is reserved on a portion of
each lot as designated on the final subdivision plat. No permanent
improvements shall be placed within the easement rights-of-way which in
any manner interfere with the installation and maintenance of the utilities
within the easement rights-of-way. Dovetail Development Group, Inc. is in no
way responsible for repair or replacement of such improvements placed within
the easement right of way. A perpetual easement is hereby reserved in favor
of Mid-America Energy Company, U.S. West Inc. and the existing cable franchise
holder, upon, over and under, along and across the areas marked on the plat
of the subdivision as utility easement. Each of said utilities shall have the
right to install, lay, construct, reconstruct, renew, operate, maintain and
remove conduits, cables, pipes, poles and wires, overhead and underground,
with all necessary braces, guys, anchors, crossarms, electric lines,
insulators and other equipment or appurtenances for the purpose of serving
the subdivision and other property with electricity, gas, communication, and
cable service; the right to overhang all lots with aerial service wires; the
right to trim, cut down and remove such trees, brush, saplings and bushes that
may interfere with the proper construction, maintenance, operation or removal
of said facilities, equipment and appurtenances; and the right of ingress and
egress for all of the purposes aforesaid. No permanent dwellings or trees
shall be placed on the areas so designated for utility easement, but the same
may be used for gardens, shrubs, landscaping and other purposes that do not
then or later interfere with the aforesaid uses or the rights herein reserved.
- These restrictive covenants shall not be binding upon any lot in said
subdivision so long as title thereto remains in Dovetail Development Group,
Inc. or its assigns.
- In the event of the death of John Pratt and Diana Pratt, any approval
required of the subdivider under the terms of these restrictive covenants
will then be exercised by the assignee.
- Each lot owner shall upon the purchase of a lot become a member of a
Homeowners Association known as the Welsh Village Homeowners' Association.
This association will include the purchasers and lot owners of lots in both
Welsh Village First Addition, Part One and Part Two, to Coralville, Iowa.
This association shall be an organization of home and property owners
formed for the purpose of preserving, maintaining and establishing rules
and regulations for the cornmon use by lot owners of the outlots as shown
on said subdivision plat, of Welsh Village First Addition, Part One and
Part Two. No rights, duties and obligations as a lot owner in the
Homeowners Association shall accrue to, or be a benefit of, or burden upon
the owners of lots in the Second Addition until such time as the subdivision
plats and supporting documents of said subdivision are filed. Ownership of
each lot shall entitle the owner to one (1) vote in said association. Each
lot owner and the members of his or her family shall have the privilege in
common with other lot owners and their families of using all common
facilities subject to the rules and regulations as established by the
HOMEOWNERS' ASSOCIATION. Those rules shall include a prohibition against
the use of any motorized vehicle of any type in the common areas. Such
vehicles will be restricted to use only on the streets and roadways within
the subdivision. The Association shall have the right to enforce any
Protective and Restrictive Covenants and shall also maintain common areas.
The Association shall also have the right to assess the proportional cost
of any such maintenance and improvements against each lot owner and the
cost shall become a lien against the lot. Any such assessment shall draw
interest at the highest legal rate for natural persons from the date of
the lien.
- The Association shall maintain the common greenspace areas designated
as outlots shown on the final subdivision plat. These areas are now shown
on the final subdivision plat of the First Addition and that will be shown
on the final subdivision plat of the Second Addition when the latter is
filed. The Association shall assume responsibility for maintaining trees
and other plantings within these areas.
- These covenants are to run with the land and shall be binding on all
the parties and all persons claiming under them for Twenty (20) years,
at which time said covenants shall be automatically extended for a period
of Ten (10) years unless by a vote of the majority of the then owners of
the lots it is agreed to change the said covenants in whole or in part.
Any member of the Association may preserve said covenants from termination
under the provisions of Section 614.24, Code of Iowa, by filing the
necessary claim in the manner set forth in Section 614.25, Code of Iowa.
- 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 their existence as provided for in Paragraph 9 it shall be lawful
for any other person or persons owning any other lots in said development
or subdivision to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate any such covenants
or restrictions and either prevent said person or persons from so doing or
to recovery of damages or other dues for such violation.
- These covenants may be amended by a vote of 75% of the subdivision lot
owners in Welsh Village First Addition, Parts One and Two. The owner of
each lot shall be entitled to one vote. A lot owner shall be defined as
that person or legal entity who holds record title to said lot. In the
event there is more than one lot owner for a particular lot, each lot
owner may vote the fractional share of said lot's vote based upon the
percentage that said lot owner owns in said lot. In the event the property
is owned by a trust or an estate the vote shall be cast by the trustee or
executor. In the event the property is an asset in a bankruptcy, the vote
shall be by the trustee in said bankruptcy proceedings.
- The terms developer or subdivider as used herein are synonymous.
The developer/subdivider is Dovetail Development Group, Inc.
| DATED this day of August, 1999
|
| DOVETAIL DEVELOPMENT GROUP, INC.
|
|
John Pratt, President
|
|
Diana Pratt, Secretary
|
| — SUBDIVIDER —
|
Back to index