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HomeMy WebLinkAboutSwartzendruber - Subdivision Platting Agmnt-11/6/2017AGREEMENT FOR SUBDIVISION PLATTING This Agreement for Subdivision Platting (the "Agreement") is entered into as of Ovt-+lb,r, 2017, by and among the City of Waterloo, Iowa ("City"), Roger T. Kalsem ("Kalsem") and Jeffrey L. Swartzendruber and Patricia Swartzendruber, husband and wife (collectively, "Swartzendruber"). RECITALS A. Kalsem is the owner of real property in the Northwest Quarter of Section 12, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, and Swartzendruber owns land adjacent thereto legally described as Lots 14, 15 and 16 of Timothy Ridge Second Addition, City of Waterloo, Black Hawk County Iowa (the "Swartzendruber Land"). B. Kalsem is planning a residential subdivision development on his property, which is currently known as Kalsem's Second Addition Preliminary Plat as approved by the City of Waterloo City, Council on April 10, 2017, and shall be referred to herein as the "Subdivision", and Swartzendruber desires to purchase that portion thereof that is legally described as set for in Exhibit "A" attached hereto ("Lot 27") prior to said area being part of a final plat of the Subdivision that is approved by the City of Waterloo and recorded. C. City is willing to approve a Plat of Survey as shown in Exhibit "A" for filing and to grant a variance to the subdivision platting requirements on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Survey. Kalsem has submitted the Plat of Survey to City. City staff have indicated that the Plat of Survey conforms to City requirements for plats of survey that are not subdivision plats, City planning staff will promptly affix the customary stamp and signature to indicate that the Plat of Survey has been reviewed by City, and thereafter City will not impede the further processing of the Plat of Survey or its filing in any county offices. 2. Future Platting. At any future date that Kalsem proposes to final plat land adjoining Lot 27 for the Subdivision, Kalsem and Swartzendruber agree and consent to include Lot 27 in said final plat of the Subdivision. It is understood and agreed that Lot 27 may be renumbered as a different lot number for consistency with the Subdivision. It is agreed that Lot 27 will be part of the Subdivision, and subject to the deed of dedication and restrictive covenants of the Subdivision (including requirements for sidewalk installation adjacent to Lot 27), and Lot 27 will be encumbered with easements and platted building lines consistent with other lots in the Subdivision, which is anticipated to include an 8' drainage and utility easement along the rear (southwesterly) lot line, a 10' utility easement along the front (northeasterly) lot line, and a 20' platted building line along the front (northeasterly) lot line. 3. Use Restrictions Until Platted. The parties agree that until such time as Lot 27 is included in a final plat of a Subdivision that is approved by the City of Waterloo and recorded, no buildings or structures shall be erected on Lot 27 and the use of Lot 27 shall be restricted to yard/open space associated with the use of Swartzendruber Land, and Lot 27 shall not be further subdivided or sold in part or in whole, except that Lot 27 and the Swartzendruber Land may be sold as a unified parcel. 3.1. Ordinance Variance. City agrees that, at the earliest possible date, its city council will grant a variance to the subdivision ordinance so that Kalsem and Swartzendruber are relieved of the necessity to satisfy subdivision platting requirements at the present time. 4. Entire Agreement; Modification. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof. All exhibits hereto, if any, are hereby incorporated into and made a part of this Agreement. This Agreement may not be modified or amended except pursuant to a written instrument executed by all parties. 5. Binding Effect; Successors. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This Agreement is intended to run with the land. 6. Counterparts. This Agreement may be executed in any number of counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. 7. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: KALSEM Roger Kalsem 191 Belle Street Waterloo, Iowa 50702 SWARTZENDRUBER Jeff and Pat Swartzendruber 3308 Bay Berry Drive Waterloo, Iowa 50702 CITY OF WATERLOO City of Waterloo Planning Department Attn: Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 2 IN WITNESS WHEREOF, the parties have executed this Agreement for Subdivision Platting by their duly authorized representatives as of the date first written above. KALSEM By: CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor S WARTZENDRUBER Attest: By: Swartzendruber By: / , Patr' 'a Swa tzikct ber STATE OF IOWA BLACK HAWK COUNTY ) ss. i// , Kelley Fif chle, City Clerk Acknowledged before me by Roger T. Kalsem on ()4 fit/ , 2017. pp1A- KYLE J. HELLAND f14- ; COMMISSION NO. 701979 MY �jOM I ,--- E P ES r? a owe � �r A �'f ue STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary P4blic Ld,r Subscribed and sworn to me by Jeffrey L. Swartzendruber and Patricia Swartzendruber, husband and wife, on Dc} , L 0 , 2017. s'a„L J. JAY A. NAROINI _. z •4.. * COMMISSION NO, 127018 ;, a MY dM SSIQN PIR S .a w. CA— Notary P%blic 3 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) p On this (13- day off h1 O044.e„k%2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Nota Public 4 FFAL�� LeAnn M. Even Commission Number 731693 .ti Commission Ex Fres: