This declaration of restrictive and protective covenants shall apply to and run with the real property, known as Lots 1-8 of  Heritage Acres, Iowa County, Iowa, as recorded in the office of the County Recorder of Iowa County, Iowa.

I.  GENERAL PURPOSE OF COVENANTS: 
The real property described heretofore is subject to the covenants, restrictions, and conditions hereby declared to insure the best use and the most appropriate development and improvements of each building site thereof, and in general to provide adequately for a high type and quality of improvements in said property, thereby to enhance the values of investments made by purchasers of building sites therein.

II.  RESIDENTIAL USE: 
All lots are hereby restricted to one single family residence. Lots shall in no manner may be used for any commercial purposes subject only to the specific exception set forth herein below. Outbuildings are permitted subject to the provisions set forth herein below.

Home-based businesses are acceptable provided that the business does not create a nuisance to the neighborhood and there is minimal additional vehicular traffic as a result of the business.

III.  SUB - DIVISIONS: 
No lot in Heritage Acres may be subdivided. This provision shall not prevent a conveyance of a portion of one lot to the abutting owner of another lot as long as said conveyance does not result in an additional building lot being created thereby.

IV.  MOBILE HOMES, TEMPORARY OR INCOMPLETE STRUCTURES: 
No mobile or manufactured home shall be allowed on any lot. No trailer, camper, truck, bus, tent, basement, garage, or any temporary or incomplete structure shall be occupied or used as a temporary or permanent dwelling. All residences must be completed on the outside in accordance with the original plans and specifications, including finishing, treating or painting of all exterior surfaces.

V.  CONSTRUCTION: 
Only new construction will be allowed; no older buildings may be moved onto any site. All residences must meet all plumbing, electrical, building, fire safety and health codes of Iowa County, Iowa. Once construction has begun on any structure or improvement, construction must be pursued to completion with all due diligence, and completed within twelve (12) months. Completion shall include all exterior painting and landscaping and the complete cleaning of construction materials on the site.

Roofs must be constructed at a 6/12 or steeper pitch. Concrete, fiberglass and asphalt shingles may be used if they are of an earthtone color. Cedar shakes or shingles are acceptable. Metal standing seam roofs are acceptable.

Living areas for single family detached dwellings shall not be less than 1,200 square feet for a single story residence, exclusive of the basement attached garages, open porches or patios. For a two-story residence, there shall be no less than 750 square feet on the first floor, exclusive of basement, attached garages, open porches or patios. Houses must have an attached garage, large enough for two cars and no larger than is necessary for four cars.

Should any underground drainage tile be cut during excavating, the said drainage tile must be rerouted, if necessary, and reconnected in a manner that maintains the function of the drainage tile system.

Except for pasture and wooded areas of the lot, disturbed areas of the yard shall be fine graded and seeded or sodded following final grading. During construction, all building contractors shall keep mud, dirt, debris and building materials off all subdivision roads and other lots.

VI. STRUCTURAL HEIGHT: 
No dwelling shall be more than two stories in height exclusive of the basement.

VII.  LOCATION: 
All buildings shall have a minimum front set back of not less than thirty (50) feet from any front boundary line(s), and fifteen (15) feet from any side lot lines and 30 feet from any rear lot boundary line(s).

VIII.  DRIVEWAYS:
A culvert of suitable diameter shall be installed wherever driveways cross the road ditch line or drainage way.

IX.  COLOR:
Only earthtone colors shall be acceptable for houses and outbuildings.

X.   EXTERIOR DAMAGE TO BUILDING: 
In the event of fire, windstorm or other damage, no building shall be permitted to stand with its exterior in a damaged or unsightly condition for longer than six (6) months.

XI.  UTILITIES:
Water supply lines shall be provided through the rural water supply company (of date, the Poweshiek Water Association) and will be available to each lot along the Heritage Acres access road. Lot owners may connect to the said water supply, after complying to any access fees, installation fees, rules and regulations of the said rural water supply company. 

Wells may be installed by the lot owner in compliance with the Iowa County Health Department rules and regulations. Wells must located at least 100 feet from any livestock.

Sewer/Septic systems must be installed for each home in compliance with the Iowa County Health Department rules and regulations. Livestock shall not be permitted to run in areas where septic leach fields are installed. Sections of drainage tiles running through septic leach fields must be replaced with non-perforated tile to prevent sewage water from entering the drainage system.

Water, sewer, and electric connections shall be underground.

Electric service will be provided to each lot. 

XII.   EASEMENTS: 
Easements for utilities and drainage are dedicated as shown or noted on the recorded plat. Nothing shall be done which would impair the use or maintenance of any easement.

XIII.  OUTBUILDINGS
Out buildings must be of conventional frame construction with siding or brick veneer, or of pole barn type construction with colored metal siding and roofing material that will look of equal aesthetic value. No plain galvanized tin will be used for roofing material or siding material.

XIV.  CAMPERS AND RECREATIONAL VEHICLES
Pickup bed mounted campers, pull-behind campers and self-propelled recreational vehicles may be stored on the lot in a location other than the front yard or driveway. This provision does not prohibit temporarily parking of such campers in front of homes for standard maintenance and preparation, or when such campers are the property of visiting guests.

XV.  NUISANCE: 
All lots shall at all times be kept in a neat, and clean condition. No trash, rubbish, machinery, inoperable or junk vehicles, building materials or appliances shall remain exposed on any lot so as to be visible from other property or roadways. No part of any lot shall be used as a dumping ground for junk, trash, sewage, rubbish, or garbage. Machinery trailers, garden and maintenance equipment shall be kept at all times, except when in use, in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in a sanitary container. Excessive lumber, shrub or tree clippings, or plant waste or metals or bulk material or scraps of refuse or trash or unlicensed automobiles, parts, machinery or equipment shall be kept, stored, or allowed to accumulate on any of the sites. Further, the owner of any lot shall not suffer or permit any noxious, dangerous, or offensive activity to be conducted, carried on, or practiced in any dwelling, building, or on any of the lots on the aforedescribed real property.

Heritage Acres is a rural subdivision with farm and livestock operations in the vicinity. Temporary inconveniences such as noise from farm machinery, dust, and temporary odors from farm chemicals and manure spreading should be expected and not be considered a nuisance.

XVI. ANIMALS AND LIVESTOCK: 
The keeping of animals, excluding swine, including but not limited to horses, cattle, sheep, and goats, on fenced areas within a lot or combination of adjoining lots by agreement of the owners, of two (2) acres or more is permitted. To prevent pasture damage and erosion, no more than one (1) animals may be kept on such minimum lot, and one (1) additional animal may be added for each acre over two (2) acres. The fenced areas for animals shall exclude septic leach field lines, septic tanks, and domestic wells. Disposal of manure or any stockpiling of manure must be conduct in such a way to prevent it becoming a nuisance to adjoining land owners.

A  reasonable number of domestic household pets, such as dogs or cats, may be kept, provided they are not maintained for commercial purposes, and do not make objectionable noises or become an annoyance or nuisance of any sort to the neighborhood.

XVII.  FENCES:
Lot owners are responsible for the installation and maintenance of any fences on their property. Board and rail fences must be kept maintained and repaired to be functional and not to be unsightly to the neighborhood. 

High grade tinsel fencing or better is to be installed for animals. No barbed wire fences are allowed on lot boundaries, except for fences around the perimeter of Heritage Acres where lots borders property that is not part of Heritage Acres. Electric Fences are prohibited as the sole boundary fence between lots. However, electric fences are allowed on boundary fences as secondary aids to help prevent animals from damaging the primary fence.

Wire fences are not allowed in front yard areas. The term “front yard” shall be defined as the area between a line extending along the front of the residential dwelling and extending fifty (50) feet on either side of the said dwelling, and the private access road.

Maintenance of common fences separating The Heritage Acres Subdivision from adjoining properties is addressed in Section XX. 

XVIII. DRAINAGE AND EROSION CONTROL
Lot owners are responsible to maintain existing field tile systems,  waterways and water control basins in such manner to provide normal water and erosion control on their lots and adjacent properties.

XIX.  SIGNS: 
No signs for advertisements of any kind shall be displayed on any lot to the public view except as follows:
 1.   One sign of not more than three square feet bearing the name of the occupant.
 2.   One sign of not more than six square feet advertising the property for sale or rent.
 3.   Necessary street number or other identification numbered signs.
 4.   Signs used by a builder, developer, or subdivider to advertise the property during the construction, development and sales period.
 5.   One professional sign of not more than six square feet.

XX.  HOMEOWNERS ASSOCIATION AND MAINTENANCE RESPONSIBILITIES
All Lot owners in Heritage Acres, Iowa County, Iowa, present or future, are mutually and equally responsible for the care and upkeep of a half-share of the fences separating Heritage Acres Subdivision from adjoining properties and the private access road described by the final plat of Heritage Acres, as recorded by the Iowa County, Iowa Recorder’s Office. Administration of the said fence and road maintenance responsibilities shall be carried out as follows:

 1. As owner(s) of a lot(s) in Heritage Acres, it is hereby understood and agreed by said owner(s) that he/she is a member of The Heritage Acres Home Owners Association (hereafter referred to as HAHOA). From the members of the said association, individuals shall serve as, Chairman, Secretary, and Treasurer.
 2.  It is hereby understood and agreed that all members of the HAHOA will contribute to a road and fence maintenance fund which will be used for the maintenance of the said private access road and a half-share of the cost of maintaining the fences separating the Heritage Acres Subdivision from adjoining properties on the South side, the West side, and the North side.  The members of the HAHOA further agree that said maintenance shall be performed on any basis mutually agreeable to a majority of the members and that each party shall equally share in said maintenance cost. The sections of fence assigned to the HAHOA for maintenance will be determined as follows (unless differing agreements are reached by property owners): 
  a)  South Boundary: Maintenance of the western half of the fence along the South boundary of Heritage Acres shall be maintained by the HAHOA. The Eastern half shall be the responsibility of property owner(s) south.
  b) Western Boandary: Maintenance of the northern half of the fence on the western boundary of  Heritage Acres shall be the responsibility of the  HAHOA. The southern half shall be the responsibility of property owner(s) west.
  c) Northern Boundary: Maintenance of the western half of the fence on the northern boundary of  HAHOA The eastern half shall be the responsibility of owner(s) north. 
  d) Eastern Boundary: There is no shared responsibility for any fences installed on the western boundary of Heritage Acres. Fences along the Eastern boundary of Heritage Acres are owned solely by the respective lot owners (lots 1, 6, 7, and 8).

 3. Not later than January 31 of each year the lot owners of Heritage Acres shall agree to hold an annual meeting to discuss the maintenance, care and upkeep of the said private access road and fences. At the meeting, each property shall be entitled to one vote and responsible for one share of the maintenance costs.
 4. Funds collected shall be placed on deposit at a bank mutually agreed upon by a majority of the parties, and said funds shall be utilized for the maintenance of the said private access road and fences .
 5. At an annual meeting of the Heritage Acres property owners, a Treasurer and Chairperson shall be named. The Treasurer shall disburse funds in according with the agreement of a majority of the land owners. 
 6. The terms members, parties, and land owners, as used in this section XX refer to the deed holders of the lots of Heritage Acres, Iowa County, Iowa. Each lot/deed holder is entitled to one (1) vote in decision making, and is responsible for one (1) share of the expenses incurred by the Heritage Acres Home Owners Association.
 7. Ownership of the said private access road shall remain the property of the subdivider until the Heritage Acres Home Owners Association becomes a legal entity, at which time ownership of the said access road shall be conveyed to the Heritage Acres Home Owners Association. All the terms stated in this section XX shall apply to all deed holders before and after the transfer of ownership of the said private access road to the Heritage Acres Home Owners Association. 

XXI.  ASSOCIATION MEETINGS AND CHANGE IN COVENANTS: 
Any meeting of the Heritage Acres association of home owners shall be held only after all members have been given a minimum of 4 weeks notice of said meeting. Proposed changes of these Covenants shall be provided in writing with the notice of the said meeting.

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time these covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, made available to all lot owners is signed by the then owners of Seventy Five percent (75%) of the lots, has been recorded agreeing to change or eliminate these covenants in whole or in part. However, Section II, Section III, Section XV, Section XVIII, and items 1 and 2 of Section XX of these covenants shall be considered perpetual and not subject to changes.
 

XXII.  LOT SPECIFIC RESTRICTIONS AND COVENANTS
Lot 6 shall be permitted to have a direct access to state highway 149, subject to approval of the Iowa Department of Transportation. Said direct access shall not exempt the lot and its owners from membership in the Heritage Acres Homeowners Association nor from sharing equal responsibility for road maintenance as described in section XX herein above.

Lot 7 shall be permitted to have a direct access to state highway 149, subject to approval of the Iowa Department of Transportation. Said direct access shall be constructed in such a manner so as to provide shared access to the adjoining property to the south. Said direct access shall not exempt lot 7 and its owners from membership in the Heritage Acres Homeowners Association nor from sharing equal responsibility for road maintenance as described section XX herein.

No other lot shall be permitted to have direct access to state highway 149.

XXIII.  ENFORCEMENT: 
In case of any violation of the provisions hereof, the owners of any lot may, in addition to other remedies at law, or in equity, including an action for damages, have such violation enjoined, or in the case of the erection or maintenance of any building, structure, or thing in violation of any of the provisions hereof, may have such building, structure, or thing removed by proper legal procedure. Any violation of the provisions, conditions or restrictions contained herein shall warrant application by the owner or owners of any lots, or its designee to any Court of law having jurisdiction thereof for an injunction, damages or other proper relief in order to enforce the same in Court. The Court in its discretion may reward Plaintiff Court costs and reasonable attorney's fees. Any inaction by the lot owners to perfect and enforce their rights shall not be deemed a waiver of the right of enforcement of the same, even though such inaction may be of long duration.

XXIV.  SEVERABILITY: 
Invalidation of any of these covenants by judgment or Court order shall in no way effect any of the other provisions hereof, which shall remain in full force and effect.