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HomeMy WebLinkAboutBrock Second Addition - Deed of Dedication-8/7/2017DEED OF DEDICATION BROCK SECOND ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA The City of Waterloo, Iowa ("Declarant"), being desirous of platting the land described in the attached certificate of survey by David L. Scheil, a licensed land surveyor, dated the 1'1'h day of Pi-ku � �" , 2017, does by these presents designate and set apart the aforesaid premises as a subdivision ofuthe City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Brock Second Addition, Waterloo, Black Hawk County, Iowa (the "Property") all of which is with the free consent and desire of the undersigned. EASEMENTS The undersigned hereby dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the Easement areas as shown on the attached plat. RESTRICTIVE COVENANTS 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 hereinafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I. 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 easement set forth herein (which covenants, restrictions and easements are hereinafter referred to as the "Restrictions"), each of which is for and shall inure to the benefit of, shall run with the land and shall be binding upon and 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, and the City of Waterloo. 1 2. Association. Declarant may, but shall not be obligated to, form a nonprofit, mutual benefit corporation named Brock Second Addition (the "Association") and delegate to such corporation the performance of certain functions and duties in connection with the Property. At such time as Declarant or any successor to Declarant by corporate acquisition, merger or business reorganization shall no longer be an Owner of any parcel, the Association, if so formed, shall assume all of the Declarant's rights and obligations hereunder. ARTICLE II. USE OF THE PROPERTY 1. 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; and 2. 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, electricity, and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and workmen 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. 3. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency, and except as otherwise provided in Section 4 below, the Property may be used for any use permitted by the City of Waterloo Zoning Ordinance. 4. Not Permitted Use. Auto salvage yards, feed yards poultry or meat killing, poultry or meat processing plant or residential uses are not permitted. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 5. Temporary Structures. Temporary structures will be allowed to be used as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. 2 ARTICLE III. DEVELOPMENT STANDARDS 1. Auto Parking. All auto parking requirements must be provided for within the Property boundaries and shall set back from all property lines with street frontage a minimum of five (5) feet. 2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to backup to the buildings without using the street as part of the maneuvering area. 3. Pavement Requirements. The entire area for auto parking and truck parking shall be paved. 4. Landscape. The landscaping section of the Zoning Ordinance should be followed to meet the intent of visually screening, street trees, and breaking up concrete areas with some landscaping components. 5. Building Material. All exterior faces of buildings shall be finished. 6. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel. Finished side of fence shall be placed in such a manner as to face outward from the property. 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 such 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. The undersigned and all persons and entities hereafter acquiring any right, title or interest in any part of such subdivision shall be taken and held to have agreed and covenanted with all other owners in this subdivision and with the respective successors and assigns of all of the rest of such other owners to conform to and observe all of the foregoing covenants, restrictions and stipulations for a period of twenty-one (21) years and in accordance with Iowa Code Chapter 614.24 and 614.25 or their successor provisions, these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty- one (21) years upon compliance with Chapter 614.24 and Chapter 614.25, or successor provisions of Iowa law. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of twenty-one (21) years or a successive 21 -year period, then the covenants, restrictions and stipulations contained herein shall terminate. 3 Dated this day of , 2017. City of Waterloo, Iowa By:Puu q tA.,, Quentin Hart, Mayor Attest: I F e City Kelley Clerk STATE OF IOWA COUNTY OF BLACK HAWK } ) (/‘ Acknowledged ' Acknowledged before me on , 2017 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. ,owe NANCY I-11GBY COMMISSION NO.783229 MY L MMlSS10N EXPIRES 4 Nota�y ublic