HomeMy WebLinkAboutDeed of Dedication Wagner Road Subdivision-2/20/2017DEED OF DEDICATION
WAGNER ROAD SUBDIVISION
WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA
The City of Waterloo, Iowa ("Owner"), being desirous of platting the land described in
the attached Certificate of Survey, by Jeffery R Hutton, a licensed land surveyor, dated February
2, 2017, does by these presents designate and set apart the aforesaid premises as a subdivision of
the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called
Wagner Road Subdivision, Waterloo, Black Hawk County, Iowa (the "Property"), all of which is
with the free consent and desire of the undersigned, and the undersigned hereby dedicates and
sets apart for public use the streets and avenues as shown on the attached plat.
The undersigned hereby covenants and agrees for itself, its successors and assigns, that
said subdivision shall be and the same is hereby made subject to the following restrictions as
fully and effectively for all intents and purposes as if the same were contained and set forth in
each deed, conveyance and mortgage that this grantor or its successors in interest may hereafter
make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit:
ARTICLE I
DEDICATION; RESTRICTIONS
1. Establishment of Restrictions. The Property is now held and shall hereafter be
held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions,
restrictions and easements set forth in this instrument, each of which shall run with the land and
shall be binding upon the inure to the benefit of each and every parcel of the Property, and each
of which shall apply to and bind and benefit and may be enforced by the owner of each or any
parcel of the Property, and the heirs, assignees and successors in interest of each and every
owner of a parcel or parcels.
2. Utilities. (a) Any company or agency supplying electricity, gas or
communication service to any parcel in said addition shall have the right to construct, maintain
and operate permanent underground gas, electricity, or communication feeder or service
facilities, within the easement lines as shown on the plat of said addition attached hereto.
(b) Further, the City of Waterloo and any public company having a franchise for
the distribution and sale of gas, electricity, water or communication service in said City shall
have the right to construct and maintain underground sewer, water, gas and communication
service lines within the easement lines as shown on the plat attached hereto. The proprietor,
agents and workrnen of all such service corporations or agencies shall have the right to
reasonable access to their said services and installation for the purpose of the proper construction
and maintenance of their lines and equipment.
ARTICLE II
USE OF THE PROPERTY
1. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo
or other governmental agency, permitted uses shall be distribution warehouse, office facilities,
technological or business operation, manufacturing, assembly facility, laboratory and research.
2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage
yard, feed and fuel yard, poultry or meat killing, poultry or meat processing plant or residential
use. This is in addition to limitations called for in the zoning restrictions or ordinances
applicable to the Property from time to time.
3. Other Conditions Not Permitted. Any facility or operation which causes a
nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials shall not
be permitted.
4. Temporary Structures. Temporary structures will be allowed to be used only as
construction offices and/or small tool sheds. The temporary structures are to be removed within
two (2) years after placement.
ARTICLE III
DEVELOPMENT STANDARDS
1. Vehicle Parking. All vehicle parking requirements must be provided for within
the property boundaries and shall be set back from all property lines with street frontage a
minimum of fifteen (15) feet. On -street parking will not be permitted.
2. Truck Parking and Maneuvering. The truck dock and maneuvering area must be
to the rear or side of the building. The maneuvering area for trucks must be such as to allow for
the truck to back up to the buildings without using the street as part of the maneuvering area.
3. Pavement Requirement. The entire area for auto parking, truck parking and
maneuvering shall be paved. Empty truck parking area may be gravel. Outside storage area,
where approved, may be gravel.
4. Outside Storage. Outside storage will not be allowed, unless it is totally screened
and in the rear yard only.
5. Display Space. Outside display of a product, material and/or equipment will be
allowed, provided that these shall not be more than three (3) such items in the front and side
yards combined.
6. Landscape. The entire area that is not covered with building and pavement must
have grass/landscaping in accordance with City of Waterloo requirements.
7. Building Materials. All exterior faces of buildings shall be finished.
8. Fences. Where fences are to be installed, the fence shall be located entirely on the
subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area
between the fence and the right-of-way shall be grassed and landscaped. The finished side of
any fence shall be placed in such a manner as to face outward from the property.
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ARTICLE IV
ORGANIZATION AND APPROVAL
1. Plan Approval. Proposed site plans will be reviewed through the City of
Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the
plan review process at the time said plan is submitted to the City for review.
2. Time of Covenants. Unless otherwise extended or removed, these restrictions
shall be applicable for a term of twenty-one (21) years commencing upon the recordation hereof
and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may
be terminated by written agreement joined in by the owners of 90% in area of the land subject
hereto.
3. Amendment. These restrictions may only be amended in writing by the
agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment
to these restrictions shall be recorded.
Dated this LZ day of ra
STATE OF IOWA )
BLACK HAWK COUNTY )
SS.
, 2017.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Attest:
City Cl eputy Clerk
`Acknowledged before me on 7(- � , 2017 by Quentin M. Hart and
c-kk as Mayor a ity Clerk eputy Clerk, respectively, of the City
of Waterloo, Iowa.
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Notary Publ�