THIS INSTRUMENT PREPARED BY: STEPHEN C. NELSON
Moyer & Bergman, PLC, 2720 1st Ave. NE, PO Box 1943, Cedar Rapids, IA 52406-1943, (319) 366-7331
GARDENVIEW SECOND ADDITION TO CEDAR RAPIDS, IOWA
DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS
RESERVATIONS AND EASEMENTS
A. Gardenview is the titleholder to all of the lots in Gardenview Second Addition to
Cedar Rapids, Iowa.
B. Gardenview desires to subject the real estate described in Article I of this
Declaration (the "Real Estate") to the conditions, covenants, restrictions, reservations and
easements set forth in this Declaration, which are for the benefit of the Real Estate and each
owner of the Real Estate and shall inure to the benefit of and pass with the Real Estate, and
each and every parcel.
NOW, THEREFORE, Gardenview declares, covenants and agrees with and for the
benefit of all persons to whom Gardenview has contracted to sell or may sell the Real Estate
(who, by acceptance of the conveyance of title, shall be deemed to have consented to this
Declaration), and for the benefit of itself and himself and the respective successors, assigns,
heirs, or legal representatives that the lots in Gardenview Second Addition to Cedar Rapids,
Iowa (the "Addition") shall be held, transferred, sold, conveyed and occupied subject to the
conditions, covenants, restrictions, reservations and easements (collectively referred to as
"Covenants") set forth in this Declaration.
1. Property Subject to this Declaration.
The Real Estate which is, and shall be held, transferred, sold, conveyed and occupied
subject to the Covenants is located in Linn County, Iowa, and is more particularly described as
Lots 15 through 47, Gardenview Second Addition to Cedar Rapids, Iowa.
2. General Purposes of this Declaration.
The Real Estate is subject to the Covenants to insure the tasteful and consistent
development of the Addition; to protect each lot owner from improper use of surrounding lots
that may depreciate the value of their lots; to guard against the erection of buildings improperly
designed or built of unsuitable materials; to insure adequate and reasonable development of the
Addition; to encourage the erection of originally designed buildings and attractive improvements
in the Addition with appropriate locations; to prevent haphazard and inharmonious
improvements; to secure and maintain proper setbacks from streets and adequate free spaces
between structures; to insure desired high standards of maintenance; and in general, to provide
adequately for a residential subdivision of high quality and character.
A. BASEMENT. A portion of a building located partially underground, but having
half or more than half its clear floor-to-ceiling height below the average grade of the adjoining
round at the front of the building.
B. BUILDING. Any roofed structure intended for the shelter, housing or enclosure
of any person, animal or personal property.
C. BUILDING, ACCESSORY. A subordinate building or portion of a principal
building, the use of which is incidental to the use of the principal building and customary in
connection with that use.
D. BUILDING HEIGHT. The vertical distance measured from the established
ground level to the highest point of a mansard roof, and to the mean level of the topside of
rafters between the eaves and the ridge of a gable, hip or gambrel roof; chimneys and
ornamental architectural projections shall not be included in calculating the height.
E. DWELLING. A single-family residential building or portion of a single-family
residential building, but specifically excluding hotels motels, rooming houses, nursing homes,
mobile homes, or any form of camping vehicle.
F. FAMILY. One or more persons related to each other by blood, marriage or legal
adopting, together with his or their domestic servants maintaining a common household in a
G. GARAGE. An enclosed storage area with doors designed or used for storage of
H. LOT. A parcel of land, under common fee ownership, occupied by or intended
for occupancy by one dwelling and having frontage upon a street; a "lot" may or may not
coincide with a lot of record.
I. LOT AREA. The lot area of a horizontal plane, bounded by the vertical planes
through front, side and rear lot lines.
J. LOT LINE, FRONT. The boundary line of a lot which is along an existing or
dedicated street line as shown on the recorded plat. On corner lots, Gardenview must approve
the owner' selection of the intended front yard designation.
K. LOT LINE, REAR. The boundary line of a lot which is most distant from the front
lot line, and is, or approximately is, parallel to the front lot line. If the rear lot line is less than ten
feet in length, or if the lot line forms a point at the rear, the rear lot line shall be deemed to be a
line ten feet in length within the lot, parallel to and at the maximum distance from the lot line.
L. LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
M. STORY. That portion of a building included between the surface of any floor and
the surface of the floor next above; or if there is not floor above, the space between the floor
and the ceiling next above. A basement shall be counted as a story where one or more sides is
a part of the exterior elevation. A cellar shall not be counted as a story.
N. STRUCTURE. Anything other than a building or accessory building erected or
constructed on a lot, the use of which requires more or less permanent location on or in the
ground. A sign or other advertising device, detached or projecting, shall be construed to be a
separate structure. For purposes of the definition, ornamental masonry walls and fences shall
also be construed to be structures.
4. General Restrictions.
A. LAND USE AND BUILDING TYPE. All lots in the Addition shall be used for
private residence uses only, and no building, except as specifically authorized elsewhere in this
Declaration, shall be erected, re-erected, or maintained on a lot except one dwelling erected for
occupancy by one family, and an attached or detached private garage containing no more than
four, nor less than two, parking spaces for the sole use of the owners or occupants of the
dwelling. The garages may have living quarters in common with garages for the sole use of
servants or the owner or occupants, but shall not be used for rental purposes. Other accessory
buildings and structures may be erected in such manner and location only as provided in this
Declaration or as approved in writing by Gardenview. When the construction of any building,
accessory building or structure is once begun, work must be prosecuted diligently and must be
completed within a reasonable time. No building, accessory building or structure shall be
occupied during construction.
B. BUILDING HEIGHT. No dwelling shall be erected, altered or placed which is
more than three stories or thirty feet in height, whichever is lesser. No accessory building or
structure shall exceed seventeen feet in height unless a greater height is approved in writing by
C. DWELLING-QUALITY AND SIZE. It is the intention and purpose of these
Covenants to assure that all dwellings shall be of high quality design, workmanship and
materials approved by Gardenview. All dwellings shall be constructed in accordance with the
applicable governmental building code and with more restrictive standards that may be required
by Gardenview. The floor area of the dwelling, exclusive of attached garages, carports, open
terraces and breezeways, shall be:
(1) for a one-story dwelling, not less than 1,100 square feet, and
(2) for dwellings of more than one story, not less than 1,524 square feet with the first
story not less than 900 square feet.
D. LOCATION ON LOT. No building shall be located on a lot nearer to the front lot
line than twenty-five (25) feet. No dwelling shall be located within twenty-five (25) feet on a rear
lot line or five (50) feet of a side lot line not adjoining a street. If the side lot line adjoins a street,
the dwelling shall not be closer to the side lot line than seven (7) feet. The construction of
tennis courts and swimming pools shall require the prior written approval of Gardenview and
shall be screened from any interior street or adjoining lot by a wall, solid fence, evergreen hedge
or other visual barrier as approved in writing by Gardenview. No tennis court or swimming pool
shall be located on a lot nearer to the front lot line than the front of any dwelling constructed on
the lot, nor closer to a side lot line or adjoining street than would be allowed for a dwelling.
E. DRIVEWAYS. Access driveways and other paved areas for vehicular use on a
lot shall have a base of compacted gravel, crushed stone or other approved base material, and
shall have a wearing surface of asphaltic concrete or concrete.
F. EXCAVATIONS. All settlements which occur on any lot resulting from
excavations for waterlines, foundations or other excavations shall be promptly filled and
G. NATURAL DRAINAGE WAYS. Where there exists on any lot or lots a natural
condition of accumulation of storm or surface water remaining over an extended period of time,
the lot owner may, with the written approval of Gardenview, take such steps as necessary to
remedy such condition; provided however, that no alterations or diversions of such natural water
flow proposed by the lot owner will cause damage to other property, either inside or outside the
confines of the Addition. No fences shall be constructed to block natural drainage ways.
H. UTILITY AND DRAINAGE EASEMENTS. Gardenview reserves all easements
for utilities or drainage shown on the recorded plat and full rights of ingress and egress for itself,
its agents, employees and assigns over any part of the Addition for the purpose of installing and
servicing the utilities for which the easements are reserved. No building, accessory building or
structure, including walls and fences, shall be erected upon any part of the property which will
interfere with the rights of ingress and egress provided in this paragraph.
I. HOME OCCUPATIONS, NUISANCES AND LIVESTOCK. No home occupation
or profession shall be conducted in any dwelling or accessory building located in the addition
unless it complies with the Cedar Rapids zoning ordinance. No noxious or offensive activity
shall be carried on in the Addition nor shall anything be done in the Addition which may become
an annoyance or nuisance to the neighborhood. No livestock, poultry or more than two dogs or
cats over four months of age shall be kept or maintained on any lot. No burning of refuse shall
be permitted outside the dwelling, except the burning of leaves will be permitted as or if allowed
by ordinance of the City of Cedar rapids from time to time. The use of any open carport,
driveway or parking area which may be in front of, adjacent to, or part of any lot as a parking
place for recreational or commercial vehicles or articles is prohibited. All "commercial vehicles"
(automobiles, station wagons, trucks, trailers, etc.), "recreational vehicles" or "articles" shall be
stored inside the garages at all times.
J. PLANT DISEASES OR NOXIOUS INSECTS. No plants or seed, or other things
or conditions harboring or breeding infectious plant diseases or noxious insects shall be
introduced or maintained upon any part of a lot.
K. NAMEPLATES, MAILBOXES, HOSPITALITY LIGHT STANDARDS,
TELEVISION AND RADIO ANTENNAE AND TOWERS. There shall be no more than one
nameplate on each lot. A nameplate shall be no more than 200 square inches in area, and
contain the name of the occupant or the name and address of the dwelling. It may be located on
the door of the dwelling or the wall adjacent to the dwelling, or upon the wall of any accessory
building or structure, or free-standing in the front or side yard. No television or radio antennae,
or tower shall be erected on any lot which is a separate structure apart from the dwelling, and
no television or radio antennae or tower attached to a dwelling shall extend beyond a height of
30 feet. No telephone or radio antennae or tower shall cause any electrical interference to the
radio and television reception of the owners of other lots in the Addition. Flag poles are
permitted provided the pole is not more than 25 feet in height, unless otherwise approved by
L. TEMPORARY STRUCTURES. No trailer, basement of an uncompleted building,
tent, shack, barn, and no temporary building or structure of any kind on a lot shall be used at
any time for a residence, either temporary or permanent. Temporary buildings or structures
used during the construction of a dwelling shall be on the same lots as the dwelling, and such
buildings or structures shall be removed promptly upon the completion of construction.
M. ARCHITECTURAL CONTROLS. It is understood and agreed that the purpose of
architectural controls is to secure an attractive, harmonious residential development having
continuing appeal. No construction of a building, accessory building, fence, wall or other
structure shall be commenced, nor shall any addition, change or alteration be made (except
"interior" alterations) until the construction plans and specifications, showing the nature, kind,
shape, height, materials, color scheme, and proposed location on the lot, together with the
grading plan and landscape plan for the proposed improvement have been submitted to and
approved in writing by Gardenview. Gardenview retains the right, in its absolute discretion, to
refuse any such construction plans and specifications, location, grading plan or landscape plan,
which are not suitable or desirable, in the opinion of Gardenview, or aesthetic for other reasons;
and in so passing upon such construction plan and specifications, location, grading plan or
landscape plan, Gardenview shall have the right to take into consideration the suitability of the
proposed building or other structure with the surroundings, and the effect of the building or other
structures on the compatibility with adjacent or neighboring properties. In no instance shall a
building or design exactly the same as any other in the Addition be permitted. All plans,
specifications and other materials pertinent to any proposed construction shall be submitted to
the office of Gardenview together with the payment of Fifty Dollars. A report in writing setting
forth the decisions of Gardenview and its reasons shall be transmitted to the applicant by
Gardenview within thirty days after the date of filing the plans, specifications and other material
by the applicant. Gardenview, following the submission, will aid and assist the prospective
residents or their agent and will make every attempt to reasonably cooperate with the wishes of
a lot owner. Lot owners are encouraged to submit preliminary sketches for "informal comment"
prior to the submittal of architectural drawings and specifications for full review. In the event (a)
Gardenview fails to approve or disapprove within thirty days after submission of the final plans,
specifications and other materials, as required by this Declaration, or (b) no suit to enjoin
construction has been filed within thirty days after commencement of such construction,
approval shall not be required, and the related requirements of this paragraph shall be deemed
to have been met.
N. UNDERGROUND WIRING. No above ground communication, electric or
television lines or cable shall be permitted to be placed anywhere in the Addition other than
within buildings or structures. It is intended that all such necessary and approved conduits and
cables will be constructed, placed and maintained underground.
O. DEVIATIONS BY AGREEMENT WITH GARDENVIEW. Gardenview reserves
the right to enter into agreements with the owner of any lot or lot (without the consent of owners
of other lots or adjoining or adjacent property) to deviate from any or all of the Covenants,
provided there are practical difficulties or particular hardships evidenced by the owner desiring
such deviation, and any such deviation (which shall be manifested by an agreement in writing)
shall not constitute a waiver of the particular Covenant involved or any other Covenant as to the
remaining property in the Addition.
5. Storm Water Detention Area and Gardenview Second Owners Association
A. THE ASSOCIATION. Ownership of a lot or lots in the Addition shall
automatically invoke membership in Gardenview Second Owners Association, Inc., a non-profit
homeowners association established under Chapter 504A of the Code of Iowa (the
“Association”). Ownership of each lot shall be subject to the applicable terms of the Articles of
Incorporation and By-laws of the Association, including the provision made for assessments
against all lots in the Addition. The owners of the lots shall pay assessments to the Association
for the purpose of paying real estate taxes for and maintaining, repairing and landscaping the
private storm water detention area located adjacent to and west of Lots 16 through 21, inclusive,
of Gardenview Second Addition to Cedar Rapids, Iowa (the "Common Area"). The Developer
reserves the right to add the owners of lots in other adjacent additions as members of the
B. COMMON AREA. Initially, the Common Area shall only include the area within
the private storm water detention easement which is located adjacent to and west of Lots 16
through 21, Gardenview Second Addition to Cedar Rapids, Iowa.
C. ASSESSMENTS. The Association shall establish an annual fee for each of the
lots in the Addition to cover the expenses of maintaining and repairing the Common Area. The
Association shall establish the date when each lot owner shall pay their respective fees. Each
lot owned by the Developer shall not be subject to assessment by the Association until the
respective lot is conveyed. The Association reserves the right to modify the annual
assessments for each lot commencing January of 2006.
D. LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Each owner of a lot
is deemed to covenant, by acceptance of such owner’s deed or real estate contract for the lot,
whether or not it shall be so expressed in the deed or real estate contract, to pay assessments
for the repair, replacement, improvement, maintenance, construction, acquisition and
landscaping of the Common Area. The assessments and fees shall include, but not be limited
to, the maintenance and repair expenses, liability insurance premiums and the payment of real
estate taxes on the Common Area. However, payment for any damage to Common Area
caused by the negligence or willful conduct of a lot owner or persons using a lot, pursuant to the
authority of the lot owner, shall be the responsibility of the respective lot owner. Any such
damage to the Common Area shall be due and payable in full within thirty (30) days from the
date the repair work is completed.
E. EFFECT OF NON-PAYMENT OF ASSESSMENTS AND REMEDIES. Any
assessment not paid within thirty (30) days after the due date shall be deemed to be in default
and shall bear interest from the due date at the rate of fifteen percent (15%) per annum;
however, if that interest rate is in excess of the highest legal rate permissible under the Iowa
law, the interest rate shall be reduced to the highest legal rate permissible under the Iowa law.
If the owner of any lot fails or refuses to pay any assessment when due, the assessment shall
constitute a lien on the lot for which the assessment has not been paid and shall be a personal
liability of the lot owner. The lien shall be established and perfected by an owner of a lot that is
not in default filing a Notice of Lien signed by such lot owner or an officer of the Association and
recorded in the Office of the Recorder of Linn County, Iowa. A copy of the Notice of Lien shall
be mailed by the owner or an officer of the Association who signed the Notice of Lien to the
owners who are in default by certified mail, return receipt requested. The lien may be enforced
in the same manner as a mechanic’s lien is enforced under the Iowa Code with all expenses of
collection, including attorney fees and court costs, being chargeable to the owners in default.
Such lien shall remain a lien until paid in full and shall be released by an affidavit filed in the
Office of the Recorder of Linn County, Iowa by the owner who files the Notice of Lien or an
officer of the Association. No owner or owners of any lots may waive or otherwise escape
liability for assessments provided for in this Declaration on the basis of non-use of the Common
F. SUBORDINATION OF ASSESSMENT LIEN TO MORTGAGES.
Notwithstanding any other provisions of this Declaration, the assessment liens provided in this
Declaration shall be subject to and subordinate to the lien of any first mortgage or first deed of
trust encumbering any lot in the Addition. A sale or transfer of any lot shall not affect
assessment liens. No sale or transfer shall relieve such lot or the owner of such lot from liability
for any assessments thereafter becoming due or from the lien of such assessments. However,
a sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu of such
foreclosure shall extinguish an assessment lien as to payments that became due prior to such
sale or transfer of a lot.
6. General Provisions.
A. DURATION. Each of the covenants shall continue and be binding for an initial
period of twenty-one (21) years from the date of recording of this Declaration and thereafter for
successive periods of twenty-five (25) years each.
B. RUNNING WITH THE LAND. The Covenants shall run with the land and bind
Gardenview, its successors, grantees and assigns, and all other parties claiming by, through or
C. REMEDIES FOR VIOLATION OF COVENANTS. Gardenview, its successors or
assigns, and each owner or owners of any of the Real Estate from time to time shall have the
right jointly and separately to sue for and obtain a prohibitive or mandatory injunction to prevent
the breach of, or to enforce the observance of, the Covenants in addition to the right to bring an
ordinary legal action for damages. Whenever there shall have been built on any lot in the
Addition any structure which is and remains in violation of the Covenants for a period of thirty
days after written notice of such violation from Gardenview to the owner of such lot, then
Gardenview shall have, in addition to the foregoing rights, the right to enter upon the property
where such violation exists and summarily abate or remove the same at the expense of the
owner, and such entry and abatement or removal shall not be deemed a trespass. In no event
shall the failure of Gardenview to enforce any of the Covenants as to a particular violation be
deemed to be a waiver of the right to do so as to any subsequent violation.
D. MODIFICATION. The record owners in fee simple of the residential lots in the
Addition may revoke, modify, amend or supplement in whole or in part any or all of the
Covenants and conditions contained in this Declaration and may release the Real Estate from
the Covenants, but only at the following time and in the following manner:
(1) Any such change or changes may be made effective at any time from the date of
recording this Declaration if the record owners in fee simple of at least threefourths
of the lots in the Addition consent.
(2) Any such change or changes may be made effective at the end of the initial
twenty-one (21) year term of this Declaration or any successive twenty-five (25)
year term if the record owners in fee simple of at least two-third of the lots in the
Addition consent at least five (5) years prior to the end of any such term.
(3) Any such consents shall be effective only if expressed in a written instrument or
instruments executed and acknowledged by each of the consenting owners and
recorded in the Office of the Recorder of Linn County, Iowa. A recordable
certificate by an accredited abstracter or title guaranty company doing business
in Linn County, Iowa, as to the record ownership of the Real Estate shall be
deemed conclusive evidence with regard to compliance with the provisions of this
section. Upon and after the effective date of any such change or changes, the
change or changes shall be binding upon all persons, firms and corporations
then owning property in the Addition and shall run with the land and bind all
persons claiming by, through or under any one or more of the them.
(4) Any such change or changes shall require the consent of Gardenview as long as
Gardenview or its successor or assigns has any ownership interest in the Real
E. LIENS. All covenants, liens and other provisions set forth in this Declaration
shall be subject to and subordinate to all mortgages or deeds of trust in the nature of a
mortgage now or hereafter executed, encumbering any of the Real Estate; and none of the
Covenants, liens or other provisions shall supersede or in any way reduce the security or affect
the validity of any such mortgage or deed of trust in the nature of a mortgage. However, if any
such property is acquired in lieu of foreclosure or sold under foreclosure of any mortgage or
under the provisions of any deed of trust in the nature of a mortgage or under any judicial sale,
any purchaser at such sale, his or its grantees, heirs, personal representatives, successors or
assigns shall hold any and all property so purchased or acquired subject to all of the Covenants,
liens or other provisions of this Declaration.
F. INVALIDATION. If a court of competent jurisdiction shall hold invalid or
unenforceable any part of any Covenant or provision contained in this Declaration, such holding
shall not impair, invalidate or otherwise affect the remainder of this Declaration which shall run
in full force and effect.
G. NOTICE. Each owner of a lot in the Addition shall file the correct mailing address
of such owner with Gardenview and shall notify Gardenview promptly in writing of any
subsequent change of address. A written or printed notice, deposited in the United States Post
Office, postage prepaid, and addressed to any owner of the last address filed by such owner
with Gardenview, shall be sufficient prior notice to such owner wherever notices are required in