Development | Restrictive Covenants

About Prairie Ridge Estates | Available Lots | Restrictive Covenants

1. All of said lots 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. No improvement or structure whatever, other than a first class dwelling house, garage, patio, swimming pool, tennis court, detached greenhouse, or outdoor fireplace may be erected, placed or maintained on any lot in such premises.

2. No single-family dwelling shall exceed two stories in height, provided, however, that the restrictions of this and subsequent paragraphs shall not prohibit the erection or development of a contemporary style tri-level (split level) dwelling, public park, public school, church on any said lots.

3. No dwelling shall be erected or maintained on any of said lots having less than 1050 square feet of floor space in the case of a one story (ranch style) dwelling, nor less than 1400 square feet in the case of a story and a half dwelling, nor less than 1600 square feet in the case of a two-story dwelling, exclusive of breezeway, garage, basement, attic and porches; but a greater square footage area may be specifically provided for in a deed or conveyance or other instrument. The roofs on all structures must have not less than a 5-12 pitch.

4. No dwelling shall have less than a fully enclosed two-car garage, whether attached or detached from the dwelling. No building larger than 10’x10’ free standing storage building shall be erected on said lot.

5. There is no time limit when construction must begin, but after commencement of construction, all interior and exterior construction and lot grading and landscaping shall be completed within one (1) year of the date of commencement. No dwelling shall be occupied during construction.

6. No dwelling shall be erected on any of the lots described herein nearer than the building setback lines as set forth on the plat of Prairie Ridge Estates Second Addition to the City of Marion, Linn County, Iowa, as described herein. No dwelling shall be erected on any lot in said addition nearer than seven (7) feet to any side lot line. A one-car garage which is detached from the dwelling may be erected such distance from the side or rear lines of any building plat as is permitted at the time of erection thereof by the Ordinances of the City of Marion, Iowa.

7. No lot shall be subdivided into smaller lots, except a part of a lot may be added to any adjoining tract for additional building and yard area. The further subdivision of any lots described herein, or any portion thereof, shall not grant the right to erect or maintain any dwelling on any area of less than 6,250 square feet, nor on a portion of a lot or lots with a width of less than 65 feet along the front lot line. A subdivision of any lot described herein, from that originally platted, shall not grant to the owners any right to violate any of the restrictions contained in any of these covenants.

8. No out-building, garage, shed, tent, trailer, or temporary building of any kind shall be erected, constructed, permitted or maintained prior to commencement of the erection of the residence as is permitted hereby, and no out-buildings, garage, shed, tent, trailer, basement or temporary building shall be used for permanent or temporary residence purposes; provided, however that this paragraph shall not be deemed to construe to prevent the use of a temporary construction shed during the period of actual construction of any structure on such property, nor the use of adequate sanitary toilet facilities for workers which shall be provided during such construction.

9. No fence or other structure of any kind or character shall be erected or maintained upon that part of any of said lots lying between the street line and the building set-back lines upon any of said lots.

10. Both the titleholder, whether legal or equitable, and owner in possession of each of said lots, whether vacant or improved, shall keep such lot or lots free of weeds and debris.

11. No animals or poultry of any kind shall be kept on any part of said lots, except house pets, and no dog compound or run, enclosure, shelter, or house shall be constructed, used or maintained on any of said lots.

12. All antenna towers, poles or similar structures which are placed on any given lot shall be located in the rear one-third (1/3) of the lot, to the rear of the dwelling located thereon and not closer than 20 feet to the rear lot line of said lot lines of each lot unless attached to the house in which paragraph 14 controls. Only satellite dishes of one (1) meter or smaller shall be installed and any ground structures shall be no higher than 10 feet over all.

13. No dwelling or building shall have an antenna, tower or other similar structure standing more than then (10) feet in height above the highest point of the dwelling to which it is fastened.

14. The outside appearance of all structures to be used as dwellings shall be compatible in appearance with all other structures located in the subdivision.

15. Houses which were previously constructed upon another building site are specifically prohibited from being moved to and placed upon any of the lots in said addition. No mobile home or log cabin home shall be constructed or located on any lot.

16. No commercial vehicles, construction or like equipment, mobile or stationary trailers, habitable motor vehicles or boats shall be kept on or stored on any part of the addition except within an enclosed garage or other suitable enclosure. No truck larger than a one (1) ton pickup truck shall be maintained, parked or kept overnight for any purpose in said Addition. Off season recreational vehicles must be stored out or sight of other lots and off the roadways.

17. No obnoxious or offensive trade shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any owner or owners.

18. Garbage receptacles shall be in complete conformity with sanitary rules and regulations. No garbage incinerators shall be permitted. No receptacles, either above or below ground, shall be allowed for storage or disposal of any hazardous and/or solid waste. All compost facilities must be maintained in any orderly and sanitary manner and shall not be allowed to be unsightly or offensive.

19. These covenants are to run with the land and shall be binding on all parties and on all persons claiming under them until January 1, 2024, at which time said covenants shall be automatically extended for successive periods of then (10) years unless amended in whole or in part as hereinafter provided. These covenants may be amended at any time by the vote of three-fourths (3/4) of the owners of the lots at a meeting called by any owner for that purpose. Each lot shall have one vote at any such meeting.

20. If the owner of such lots, or any of them, or their heirs, or assigns, shall violate any of the covenants, conditions, restrictions, reservations and servitudes herein set out, it shall be lawful for any other person owning real property situated in Prairie Ridge Estates Third Addition to the City of Marion, Linn County, Iowa, to prosecute any proceedings at law or in equity against the person or persons violating any such covenants, and either to prevent him or her from so doing, or to recover damages for such violations, or both, including recovery for reasonable attorney fees for the Plaintiff’s attorney, and cost of said proceedings. The failure to promptly enforce any of the covenants, conditions, restrictions, reservations, and servitudes shall not bar their enforcement.

Back

Equal Housing Opportunity

Design & Hosting by: