Longfellow Heights
A project of
Clinton Area Housing Development Corporation
A non-profit housing development corporation
P.O. Box 1024
Clinton, IA 52733-1024
563-242-5702
Table of Contents
Purchasing Information
To purchase a lot, sign the Purchase Option Agreement attached to this packet and return it and a $1,000 NON-REFUNDABLE check payable to the Clinton Area Housing Development Corporation. You then have 90 days to exercise your option by signing the attached Buyerıs Election to Exercise Option Agreement.
Once the signed Buyerıs Election to Exercise Option Agreement is received by the Clinton Area Housing Development Corporation, the process of closing on the lot will begin.
You should carefully read the covenants and restrictions along with the Purchase Option Agreement. Important information such as the size of a home is found in this information.
All lots are $12,500.
Subdivision Map
DECLARATION OF
PROTECTIVE COVENANTS
LONGFELLOW HEIGHTS
COVENANTS IMPOSED
Clinton Area Housing Development Corporation is the owner of land shown on the attached plat and described in the Surveyorıs Certificate: and has caused this survey to be made and does hereby adopt the same and cause it to be known as Longfellow Heights in the City of Clinton, Iowa. The Clinton Area Housing Development Corporation does hereby dedicate all alleys, utility easements and drainage easements designated on said plat on the public use forever. In addition, building setback lines are hereby established as shown on this plat, between which lines and property lines of the streets no structure shall be erected or maintained.
The purpose of these covenants is to ensure proper use and appropriate development to protect the owners of property therein against such improper use of surrounding lots; to guard against the erection therein, of buildings built of improper or unsuitable materials; to insure adequate and reasonable development of said property; to preserve natural habitat and surroundings where possible, to encourage the erection of attractive improvements thereto, with appropriate locations thereof; to prevent haphazard or non-harmonious improvement; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and in general to provide adequately for a high quality of design, materials, improvements and surroundings.
COVENANTS & RESTRICTIONS
1) It is the intent of these covenants to assure that all dwellings shall be of
substantial quality design, workmanship and materials. All dwellings shall be
constructed in accordance with State of Iowa building codes.
2) The real estate platted herein shall not be re-subdivided into building lots. No
lot as platted shall be subdivided so as to permit the erection of more than one
dwelling per lot. No lots may be combined in order to make a smaller number
of larger lots.
3) Construction must begin within twelve (12) months from the date of purchase.
Vacant lots can be resold to CAHDC for the original purchase price less
$2,500. Vacant lots canıt be resold for a sum greater than the cost of the land
plus selling expenses.
4) All homes shall meet certain size guidelines for initial construction. Sizes are
exclusive of porches and garages.
a. 1-story homes – The ground floor shall not exceed 1,100 sq. ft;
b. Bi-level homes – The ground floor shall not exceed 900 sq. ft.
c. 2-story homes - There shall be no 2-story homes permitted.
5) No trailer, shed, garage, barn or other outbuilding or structure erected on a lot
shall at any time be used as a residence, either temporarily or permanently, nor
shall any residence of a temporary character be permitted.
6) Upon commencement of construction of any dwelling on any lot in the
Development said dwelling must be completed within twelve (12) months of
the commencement of construction. A fee of $500 a month will be due to
CAHDC for every month beyond the twelve (12) month deadline. If
construction is delayed by reason of strikes, acts of God, fire or other causes
beyond the control of the owner or builder of said dwelling, then the
construction period shall be extended for such additional period of time that it
was delayed by reason of such causes to complete the construction of said
dwelling.
7) All homes shall include a garage, either attached or unattached, not to exceed
576 sq. ft. in size. No portion of the garage may be located closer to the street
than the extended line of the rear wall of the dwelling constructed upon the lot.
8) No new or used accessory buildings in excess of 120 sq. feet shall be moved or
constructed upon any of the lots in said subdivision for any purpose, and all
buildings on any lot in said subdivision shall be kept in a reasonable state of
repair and upkeep. All houses shall be of new construction.
9) The titleholder of each lot, vacant or improved, shall keep the lot free of weeds
and debris.
10) No noxious or offensive trade shall be carried on upon any lot nor shall
anything be done thereon which may become an annoyance or nuisance to
inhabitants of the addition. No businesses shall be allowed or conducted
which produce any increase of persons or traffic into the addition.
11) No horses, poultry or livestock of any kind or variety shall be kept or raised,
nor shall any kennels be maintained on any lot in the subdivision. A kennel is
defined as an enclosure with more than one dog. No dogs can be kept, raised
or bred for commercial purposes.
12) No bus, semi-tractor or trailer, motor home or trailer of any kind, whether
camping, boat, house, utility or otherwise, in excess of 12 feet tall and/or of
40 feet long, shall be kept upon any lot in said addition for more than 72
hours. What is commonly described as a pickup truck or sports utility vehicle
are allowed. No drying line for laundry shall be permitted in the front or side
yards. Any vehicles or trailers parked on a lot, unless parked inside an
approved garage, shall be parked behind the extended line of the rear wall of
the dwelling.
13) No satellite TV dish larger than 18² or other radio tower that would be for
personal use, may be maintained, constructed, or erected on any lot or upon
any dwelling on any lot. Any satellite dish must be located either in the back
yard or upon the garage of the property.
14) These restrictions shall run with the land and shall be binding on all persons
and parties claiming under them for a period of twenty-one (21) years after the
date of the filing of this plat and this Deed of Dedication, in the office of the
Clinton County Recorder. Said restrictions may be extended for an additional
period of time as provided by the Code of Iowa.
15) 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, it shall be lawful
for any other person owning property in said addition to prosecute any
proceeding at law or in equity against the person or persons violating or
attempting to violate any such covenants or restrictions, and for the purpose of
preventing such acts or recovering damages for such violations or both, and
for costs and reasonable attorney fees as determined by the Court.
16) The yards of any completed dwelling must be seeded or sodded immediately
upon the completion of construction. There shall be at least one tree in the
front yard of each lot within one year from the date of completion of the
construction.
17) All utilities, pipes, wires and conduits of any kind now or hereafter installed
upon the real estate herein platted shall be underground.
18) No dwelling house, garage or utility building shall be erected on the real
estate herein platted without the approval of the CAHDC building plan
committee or their designee. Approval decisions will be rendered in less than
two weeks after submittal of the plans and specifications of such dwelling,
garage or structure.
19) All lots shall be used solely as residential lots and no commercial buildings of
any type shall be permitted.
20) No driveways connecting to the public street at the front of any lot shall be
allowed. Access to all garages or parking areas shall be from the established
alley.
21) All lots shall have sidewalks in compliance with the requirements of the City
of Clinton, Iowa.
22) There shall be a 15 foot wide easement for the installation and maintenance of
public utilities across the front and back yards of all lots as set forth on the
final plat.
23) There shall be a 10 foot wide easement for the installation and maintenance
of public utilities across the southeast side of Lot 21, as set forth on the
final plat.
24) There shall be a 5 foot wide easement for the installation and maintenance of
public utilities across the southeast side of Lot 4, and the northwest side of
Lot 5 as set forth on the final plat.
25) There shall be a 55-foot wide easement reserved to the City of Clinton across
the southeast side of Lots 12 and 13 for the installation of a storm water
retention basin as set forth on the revised final plat.
Dated at Clinton, Iowa this _______ day of November, 2005.
CLINTON AREA HOUSING DEVELOPMENT CORPORATION
________________________________
________________________________
STATE OF IOWA ]
] ss:
CLINTON COUNTY ]
On this ________ day of November, 2005 before me, the undersigned, a notary public in and for the State of Iowa, personally appeared _____________________ and ______________________, to me personally known, who being by me duly sworn, did state that they are duly authorized officers and agents for the Clinton Area Housing Development Corporation and executed the within and foregoing instrument on behalf of said corporation by authority of its Board of Directors and that said ______________________ and _______________________ as such officers and agents acknowledged the execution of said instrument to be in the voluntary act indeed of corporation, by it and by them voluntarily executed.
________________________________
Notary Public
ENFORCEMENT OF COVENANTS
Invalidation of any of these restrictions by judgment, decree or court order shall in no way effect any of the other provisions of this Dedication and such other provisions shall remain in full force and effect.
These covenants shall run with the land and shall be binding on all lot owners and all persons under them until twenty-one (21) years after the recording of these covenants with the Clinton County Recorder. Said restrictions may be extended for an additional period of time as provided by the Code of Iowa.
If any person or persons at any time owing or occupying any lot in the Development, or their heirs, grantees or assigns, shall violate or attempt to violate any of these covenants herein, it shall be lawful for the developers, its successors and assigns, or for any person or persons owning any other lot or lots in the Development to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and to obtain appropriate injunctive relief, or to recover damages, or to seek other appropriate relief to which it or they may be entitled, and to collect from the party or parties violating or attempting to violate any such covenants, or any part thereof, either jointly or severally, all costs, expenses and attorneysı fees resulting there from.
Executed this _______ day of _________________, 2005.
STATE OF IOWA, CLINTON COUNTY
Clinton Area Housing Development Corp.
____________________________ ____________________________
RESIDENTIAL LOT
PURCHASE OPTION AGREEMENT
To: Clinton Area Housing Development Corporation (Sellers)
The undersigned BUYERS hereby offer to enter into an option to buy, and the undersigned SELLERS, by their acceptance, agree to enter into an option to sell the real property situated in Clinton, Iowa, described as Lot _______ in Longfellow Heights in the City of Clinton, Iowa, together with any easements and appurtenant survient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and mineral reservations of record, if any, herein referred to as the ³Property², and upon the following terms and conditions provided BUYERS on possession, are permitted to use the property for residential purposes:
1. PURCHASE PRICE: The purchase price shall be $__________ and the method of payment shall be as follows: $1,000.00 with this offer to be considered the cost of the option to purchase. If the BUYERS exercise the purchase within ninety (90) days of signing this agreement, then the $1,000.00 for the cost of the option shall be applied towards the lot purchase price. If the BUYERS fail to exercise the purchase option within ninety (90) days of signing this agreement, then the option shall be considered expired and the SELLERS shall retain the $1,000.00 option price and be free to sell the lot to another buyer. If the BUYERS timely exercise the option, then the balance of the purchase price in cash shall be delivered to SELLERS upon performance of SELLERSı obligations at the time of closing with adjustment for closing costs to be added or deducted from this amount. This agreement is not contingent upon BUYERS obtaining such funds.
2. REAL ESTATE TAXES: SELLERS shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. SELLERS shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is being given, ending ____________, due and payable in the subsequent fiscal year commencing ____________. BUYERS shall be given a credit for such proration at time of closing based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements, or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will be applicable as shown by the Assessorıs records on the date of possession. BUYERS shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS: BUYERS shall be responsible for any special assessments, which are or may become a lien on the property.
4. RISK OF LOSS AND INSURANCE: SELLERS shall bear the risk of loss or damage to the property prior to closing or possession, whichever first occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance.
5. POSSESSION AND CLOSING: If BUYERS timely perform all obligations, possession of the property shall be delivered to BUYERS on or before ____________, and any adjustments of insurance, taxes and all charges attributable to the SELLERSı possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYERSı attorney and vacation of the property by SELLERS, but prior to possession by BUYERS. SELLERS agree to permit BUYERS to inspect the property within 48 hours prior to closing to assure the premises are in the condition required by this Agreement. This transaction shall be considered closed upon delivery of the title transfer documents to the BUYERS and receipt of all funds then due at closing from BUYERS under this Agreement.
6. CONDITION OF PROPERTY: Within 90 days after the acceptance of this Agreement, BUYERS may, at their sole expense, have the property inspected by a person or persons of their choice to determine if there are any structural, mechanical, environmental, or other deficiencies. Within this same period, the BUYERS may notify in writing the SELLERS of any deficiency. The SELLERS shall immediately notify the BUYERS in writing of what steps, if any, the BUYERS will take to correct any deficiencies before closing. The BUYERS shall then immediately in writing notify the SELLERS that such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties, or that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to the BUYERS.
7. ABSTRACT & TITLE: SELLERS at their expense shall promptly obtain an abstract of title to the property continued through the date of acceptance of this Agreement and deliver it to BUYERSı attorney for examination. It shall show marketable title in SELLERS and conformity with this Agreement, Iowa law, and the Title Standards of the Iowa State Bar Association. The SELLERS shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLERSı inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days written notice to the other party. The abstract shall become the property of BUYERS when the purchase price is paid in full. SELLERS shall pay the cost of any additional abstracting and title work due to any act or omission of SELLERS, including transfers buy, or the death of SELLERS or their assignees.
8. SURVEY: BUYERS may, at BUYERSı expense prior to closing, have the property surveyed and certified by a registered land surveyor. If the survey shows any encroachment on the property, or if any improvements located on the property encroachment on the property, or if any improvements located on the property encroach on lands of others, the encroachments shall be treated as a title defect.
9. ENVIRONMENTAL MATTERS: SELLERS warrant to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous waste or substances, or underground storage tanks located on the property, the property does not contain levels of radon gas or asbestos which require remediation under current governmental standards, and Sellers have done nothing to contaminate the property with hazardous wastes or substances. SELLERS warrant that the property is not subject to any local, State or Federal judicial or administrative action, investigation or order as the case may be, regarding ells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLERS shall also provide BUYERS with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, or underground storage tanks on the property. BUYERS may at their expense within 60 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions, or wastes located on the property. In the event any hazardous materials, substances, conditions, or wastes are discovered on the property, BUYERSı obligation hereunder shall be contingent upon the removal of such materials, substances, conditions, or wastes or other resolution of the matter reasonable satisfactory to BUYERS. However, in the event SELLERS are required to expend any sum in excess of $10,000.00 to remove any hazardous materials, substances, conditions, or wastes, SELLERS shall have the option to cancel this transaction and refund to BUYERS all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by BUYERS. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions, or wastes, shall be paid by SELLERS, subject to SELLERSı right to cancel this transaction as provided above.
10. DEED: Upon payment of the purchase price, SELLERS shall convey the property to BUYERS by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed, excepting liens, or encumbrances suffered or permitted by BUYERS.
11. USE OF PURCHASE PRICE: At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interest, if any, of others.
12. REMIDIES OF THE PARTIES UPON THE BUYERSı EXERCISE OF THE OPTION: (A) If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLERSı option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYERSı default (during which thirty days the default is not corrected), SELLERS may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a Receiver. (B) If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all payments made returned to them. (C) BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
13. NOTICE: Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the address given below.
14. GENERAL PROVISIONS: In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successor in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context.
15. RESTRICTIVE COVENANTS: BUYERS acknowledge having received and reviewed the Restrictive Covenants for Longfellow Heights. BUYERS agree to be bound by and comply with the terms and conditions of the covenants during BUYERSı ownership of the property being purchased.
16. NO REAL ESTATE AGENT OR BROKER: Neither party has used the services of a real estate agent or broker in connection with this transaction. SELLERS agree to indemnify BUYERS and hold BUYERS harmless from any claim of any real estate agent or broker arising out of or related to this transaction between SELLERS and BUYERS.
17. ACCEPTANCE: When accepted, this Option Agreement shall become a binding contract. If the option is not exercised and delivered to the BUYERS in writing on or before ____________________, this Option Agreement shall be null and void.
18. This Option to Purchase is hereby accepted by the Clinton Area Housing Development Corporation this __________ day of ____________________.
CLINTON AREA HOUSING
DEVELOPMENT CORPORATION
BY: _______________________________
444 4TH Avenue South
Clinton, IA 52732
____________________________________
Buyers
____________________________________
Buyers
____________________________________
Address
____________________________________
Telephone
BUYERSı
ELECTION TO EXERCISE OPTION AGREEMENT
TO: Clinton Area Housing Development Corp. (Sellers)
Comes now the undersigned Buyer who previously entered into an Option Agreement with the Sellers, Clinton Area Housing Development Corporation, regarding Lot _____ in Longfellow Heights in the City of Clinton, Iowa.
Buyer hereby elects
to exercise its option regarding Lot _____ and by this notice formally advises
the Sellers of its election to exercise the option dated ____________________.
Buyer further agrees to be bound by all terms and conditions regarding the
previously signed option.
Dated this _____ day
of ____________________.
(month,
year)
____________________________________
Buyer