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.

  1. 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.

  2. The following provisions shall be applicable to construction on the subdivision lots:

    1. No lot shall be subdivided.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.

  3. The following restrictions shall be applicable to the use of the subdivision lots:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. Vegetable gardens may be maintained only at the rear of a dwelling.
    6. 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.
    7. No lot shall contain an above-ground swimming pool, or tree house.
    8. No satellite dish will be installed on any portion of any dwelling lot unless approved by Dovetail Development Group, Inc. or assignee.
    9. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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 —


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