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HomeMy WebLinkAboutCountry Club Buisness Center Addition-10/24/2016Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 Prepared by and return to: Charles P. Augustine, 531 Commercial, Ste 250, Waterloo, IA 50701 (319) 232-3304 SECOND AMENDMENT TO THE DEED OF DEDICATION OF COUNTRY CLUB BUSINESS CENTER ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA This Second Amendment to the Deed of Dedication of Country Club Business Center Addition, Waterloo, Black Hawk County, Iowa, is hereby executed and ratified by all of the owners of all property located within said addition on the dates as hereinafter set forth. WITNESSETH: WHEREAS, the Deed of Dedication was filed September 19, 2007, as Doc. No. 2008-006412, and contained various restrictive covenants that affected the property subject thereto (hereinafter the "Original Deed of Dedication"); and WHEREAS, the Original Deed of Dedication was amended on May 25, 2012, as Doc. No. 2012- 00023983 (hereinafter the "Amendment"); and WHEREAS, the Original Deed of Dedication and the Amendment collectively shall be referred to herein as the Deed of Dedication; and WHEREAS, the parties to this Second Amendment desire to amend the Deed of Dedication as more particularly set forth herein. NOW THEREFORE, for valuable consideration received, the undersigned parties, constituting all of the owners of all lots located within Country Club Business Center Addition, Waterloo, Black Hawk County, Iowa hereby agree to amend the Deed of Dedication and do hereby amend the Deed of Dedication in the following particulars, to -wit: 1. Section 1 of the Original Deed of Dedication shall include the following language: "Notwithstanding the foregoing or any other restriction applicable to the Addition, however, any lot within the Addition may be used in any manner consistent with any duly -adopted variance to any provision of the City of Waterloo, Iowa, Zoning Ordinance, including any variance related to signage and yard specifications. " 2. Section 2 of the Original Deed of Dedication shall include the following language: "Notwithstanding the foregoing or any other restriction applicable to the Addition, however, the owners of each lot may place any building, improvement or other structure on their respective lot(s), provided that any such placement is consistent with any duly -adopted variance to any provision of the City of Waterloo, Iowa, Zoning Ordinance." 3. Section 4 of the Original Deed of Dedication shall include the following language: "Lots 1 and 7 only may be used for the retail sale offuel and for other uses reasonably related to the retail sale offuel." 4. Section 5 of the Original Deed of Dedication shall be deleted in its entirety. 5. Section 8 of the Original Deed of Dedication shall be deleted in its entirety and replaced with the following language: "Outdoor merchandising, and activities reasonably related to outdoor merchandising shall be allowed on any lot within the Addition." 6. Section 9 of the Original Deed of Dedication shall be deleted in its entirety and replaced with the following language: "Outdoor advertising banners, to the extent permitted by the city of Waterloo, Iowa, Zoning Ordinances, shall be allowed on Lot 1 and Lot 7." 7. Section 13 of the Original Deed of Dedication shall be deleted in its entirety and replaced with the following language: "All lots in the Addition shall be governed by the applicable provisions of the City of Waterloo, Iowa, Zoning Ordinance and all buildings thereon shall meet the minimum restrictions of said Zoning Ordinances. Notwithstanding the foregoing or any other restriction applicable to the Addition, however, any lot within the Addition may be used in any manner consistent with any duly - adopted variance to any provision of the City of Waterloo, Iowa, Zoning Ordinance, including any variance related to signage and yard setback specifications." In all other particulars, the Deed of Dedication shall remain unchanged and in full force and effect as provided for thereunder. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK OWNER OF LOT A: STATE OF IOWA, COUNTY OF 6' h - , ss: This instrument was acknowledged on this /3 day of' C)C:r6a atz— , 2016, by.bovw pinta. as #z- of JD & DD Properties, LLC. JON MIXDORF COMyMpISSSSION NO. 770248 mystkspy EXPIRES Notary Public in and for State of Iowa OWNER OF LOTS B, C & D: &uewl-hi i ` / asfL , ,v of City of Waterloo, Iowa STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was actin w1edged on this., ( day of bytaltp 4 J as °/i4,,i Se.Q; kti of City of Waterloo, Iowa. . 2016, Notary Public in and for the State OWNER OF LOTS B, C & D: UTI f -AU+ as, i"' �Li�f (�V of City of Waterloo, Iowa STATE OF IOWA, COUNTY OF BLACK HAWK, ss: by 1(This instrument was acknowledged on this; -) 1 day of C ) 2 -,t -t d M ,12, , as A*),; � �� G "C( of City of Waterloo, Iowa. , 2016, Notary Public in and for the State OWNER OF LOT A: as of JD & DD Properties, LLC STATE OF IOWA, COUNTY OF by , ss: This instrument was acknowledged on this day of , 2016, as of JD & DD Properties, LLC. Notary Public in and for the State of Iowa OWNER OF LOT 1: Eugene < onhart, as ember of Leondorf, LLC STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged on this/5011y of h..r—, 2016, by Eugene Leonhart as Member of Leondorf, LLC. ‘21.ttea- 71/2a4tAy, Notary Public in and for the State of Iowa DEBRA MATTIX COMMISSION NO. 770249 3OMAigIO5 IRES OWNER OF LOT 2: as SSP Ai" of University of Iowa Community Credit Union STATE OF IOWA, COUNTY OF \CVt VS0 N . ss: This instrument was acknowledged on this la day of l.1Qd4ei' , 2016, by MAC as' ct%-t, a\N-s? _ of University of Iowa Community Credit Union. c_; Notary PublicsV and for the State of Iowa OWNER OF LOT 3, except the E 21.99 ft.: Eugene • nhart, as Member of Leondorf, LLC STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged on this/ 84141ay of e - by Eugene Leonhart as Member of Leondorf, LLC. Notary Public in and for the State of Iowa DEBRA MATTIX COMMISSION NO. 770249 OMMISSION AIRES , 2016, OWNER OF LOT 4, except the E 149.7 ft., and the E 21.99 ft. of Lot 3: M F G C, I �• 1 r,tE1`. as fn.AAarril Member of MFGC, LLC STATE OF IOWA, COUNTY OF 3ictc +law L , ss: This instrument was acknowledged on this 26 day of Oc-tober- by 612Tr y Cbr,s .iwes pe_of MFGC, LLC. 2016, -461-notkte, Notary Public in and for the State of Iowa OWNER OFTheE 149.7 ft. ofLOT4 ...-12.fe:414, .+� . n ..Y r.....pas l /v!/ of JJ.B. Properties. LLC STATE OF IOWA, COUNTY OF ejta4,4,)k, This instrument was acknowledged on this Ib day of , 2016, by deftWi L.: h fi'fificIfi s of J.J.B. Properties, LLC. Notary Public in and for the State of Iowa OWNER OF LOT 5: 7 C--) as of Nxr Bank STATE OF IOWA, COUNTY OF A ss: My i Tb 's instrument was ac wledged on this --day of...k--- . 2016, ..., as Itiru-K-,:,,Z_%%C.C: fk , of NXT Bank. Notary Public in and for the State of Iowa OWNERS OF LOT 6: dr EugeneeonhmtVas Member of Leondorf, LLC STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged on this/ day of 74b e , 2016, by Eugene Leonhart as Member of Leondorf, LLC. \-7.--tert44.71- 0 .ate' as G of Cardinal Construction, Inc. ,C1„,j)„,„�,. Notary Public in and for the State of Iowa STATE OF IOWA, COUNTY OF BLACK HAWK, ss: DEBRA MATTIX COMMISSION NO. 770249 MY C,fi�M;SSR ,FIRES This instrument was acknowledged on this/iefliay of . 2016, b .YAP as , of Cardinal Construction, Inc. / kLeta_ Notary Public in and for the State of Iowa DEBRA MAATTIX COMMISSION NO. 770249 0MISI0,gtPIRES of Go America, LLC STATE OF IOWA, COUNTY OF L111 ss: 5," This instrument was acknowledged on this day of f_12-, bzr bY 5t,noce_h. I. as lartAa , of Go America, LLC AMANDA ADAM COMMISSION NUMBER 770749 MY CDMMASIP,LEXPIRES , 2016, Notary Public in and for the State of Iowa OWNER OF LOT 7: Eugene Loe►'nhart, as of Leondorf, LLC STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This instrument was acknowledged on this 424111ay of OCAPbe.. , 2016, by Eugene Leonhart as Member of Leondorf, LLC. Notary Public in and for the State of Iowaa DEBRA MATTIX COMMISSION NO. 770249 $ M1' CaNIMj,SJO� PIRES