Second Amendment to Protective Covenants of Timber Ridge Estates Subdivision in the City of Marquette, Iowa.
WHEREAS, on the 25th day of April, 2006, Timber Ridge Estates Subdivision was filed with the Recorder in and for Clayton County, Iowa. Included in said Subdivision Plat were
Protective Covenants numbered 1 through 18; and the Restrictive Covenants were amended, and said amendment was filed February 10, 2016 with the Recorder in and for Clayton County, Iowa.
WHEREAS, the Proprietor/Developer desires to amend those Protective Covenants to accommodate a change in the Development Agreement entered into between the
Proprietor/Developer (Denning) and the City of Marquette, and further, to amend those Protective Covenants to clarify the ability to construct buildings, other than residences and
duplexes, on individual lots; to eliminate the provisions for reversion of title; and otherwise, it is hereto agreed by the Proprietor/Developer and the City of Marquette, and the
Proprietor/Developer does hereby declare and bind the Proprietor/Developer, their successors and assigns to the amended Protective Covenants attached hereto.
1. All Lots described herein (with the exception of Lot 5) shall be known, described and used solely as residential Lots, and no structure shall be erected on any residential Lot other than one detached single-family dwelling, not to exceed two stories in height and a private garage for not more than three cars; or, one residential duplex, not to exceed two stories in height and two private garages for not more than two cars each. In addition, one garage/storage building per lot will be allowed. The garage/storage building shall not exceed 30'x30' in size with sidewalls limited to 1 0' in height. The garage/storage building must have the same siding (materials and color) and the same roofing (materials and color) as the dwelling. Plans for the garage/storage building must be approved by the Proprietor/Developer, or their successors and assigns.
2. Lot 5 will be zoned A-1 (limited agricultural) and may be used indefinitely for equestrian as well as residential purposes.
3. No trailer, basement, tent, shack, garage, barn or other out building erected in the tract shall, at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted.
4. Any structure constructed on the above-described property shall conform to standard building procedures for stick built homes.
5. No building shall be erected, placed or altered on any Lot unless the design, color and location is in harmony with the existing structures and locations in the tract and does not violate any protective covenant. The exterior color of all structures shall fall within earthen-tone colors, as provided by Proprietor/Developer, and their successor, and there shall be no all-white structures. In any case, no single family dwelling shall be permitted on any Lot described herein having a ground floor square foot area less than 1600 square feet, in the case of a one-story structure, no less than 2400 square feet in the case of a two-story structure. In the case of a duplex, each duplex consists of two units and the ground floor square foot area will not be less than 1200 square feet per unit. Those Lots permissible for, though not restricted to, duplexes are: Lots 11, 12, 13, 14, 15, 43, 44, 45, 46, 55, 56 and 57.
6. Title holder of each Lot, vacant or improved, shall keep his Lot or Lots free of weeds and debris.
7. No animals, exotic animals, livestock, or poultry shall be raised, bred or kept on any Lot (with the exception of Lot 5), except that dogs and cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
8. No unused old vehicles, machinery or junk shall be kept or stored on any Lot or street.
9. No signs of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot, one sign of not more than five
square feet of advertising a property for sale or rent or signs used by a builder to advertise the property during the construction and sales period.
10. No fences that may be erected are to be higher than five feet and all fences must be built inside the owner's property line, no closer than eight feet from the street line, and the owners building fences on comer Lots must abide by the site line distance as heretofore set out.
11. The exterior of the house, garage, garage/storage building, seeding, sodding and grading shall be completed within fifteen months after excavation begins for such
construction. All new additions, garages or garage/storage buildings built after the house is complete must be finished within one year from the commencement of the construction.
12. Term: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them.
13. Enforcement: Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damage.
14. Severability: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
17. Underground Utilities: All utilities and LP tanks will be buried.
18. Outside Woodbumers: Outside woodbumers will not be permitted.
19. Any of these Protective Covenants may be amended, subject to the following:
a. Such amendment shall be in writing;
b. The amendment must be approved in writing by the owners of a majority of the parcels in the subdivision;
c. The amendment must be approved in writing by the City of Marquette; and,
d. The amendment shall be recorded.