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HomeMy WebLinkAboutKenn Dahl First Addition - 8/6/2018 Prepared and Return to: Gregory J.Epping, 3600 1st Ave NE, Suite 101, Cedar Rapids IA 52402; ph. 319-364-2467 DEED OF DEDICATION OF KENN DAHL FIRST ADDITION WATERLOO,BLACK HAWK COUNTY,IOWA KNOW ALL MEN BY THESE PRESENTS: The undersigned,Michael S. Dahl and Angela B.Dahl,husband and wife,and Brian M.Kennett, a single person,being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Jeffrey R.Hutton,a licensed land surveyor, dated the 19th day of June 2018,do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo,Iowa,the same to be known as: KENN DAHL FIRST ADDITION WATERLOO,BLACK HAWK COUNTY,IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. LEGAL DESCRIPTION Kenn Dahl First Addition.Waterloo,Blackhawk County,Iowa is located on and embraces the following described premises,to-wit: The North 360 feet of the West 365 feet of the South One-half of the Northwest Quarter of Section No. 8,Township No. 88 North,Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo,Black Hawk County,Iowa RIGHTS OF WAY AND EASEMENTS 1. Tract A is hereby conveyed to the City of Waterloo,Iowa for use as public right-of-way. 2. The undersigned hereby grant and convey to the City of Waterloo, 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, drain tile,surface drainage, 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 property as shown on the attached plat. 3. A 20 foot private easement is now granted to and for the benefit of Lot 5 &Lot 1 for access to and from West 41 Street as well as for utility services over and across the south 8 feet of Lot 1 and the north 12 feet of Lot 2.Lot 2 will also have a temporary access easement until such time that a residence is erected on Lot 2. Subsequently,Lot 2 will need to construct a new driveway as outlined with section 6 below. RESTRICTIONS AND CONDITIONS The undersigned hereby covenant and agree for themselves and their successors and assigns that each and all of the residential lots in said subdivision be and the same are hereby made subject to the following restrictions and conditions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated,to-wit: 1. Any dwelling that shall be erected on any lot shall have a minimum setback from the front of the lot line of 30 feet or easement line,whichever is greater. 2.Although lots in said Addition may be split or divided in any fashion to provide for more lot area when added to an adjoining lot,no dwelling shall be built or maintained on any partial lot unless said partial lot is combined with an adjoining lot or partial lot so that the resulting lot has no less frontage than the smallest lot as indicated on the plat. 3.No trailer, basement,tent, shack, garage or barn erected in said Addition shall at any time be used as a residence,temporarily or permanently,nor shall any residence of a temporary character be permitted on any lot in said Addition. 4.No single family dwelling shall be constructed,permitted or occupied on any lot herein having square footage floor space, designed, intended and constructed for living quarters,which space shall not include cellars,attics, garages, breezeways,porches, stoops, and other such non- living areas, of less than the following requirements: A. 1,300 square feet for single story houses. B.Any split level house, one and one-half story house, or house of two stories must have total minimum square footage of at least 1,500 square feet. 5.Each single family residence shall have a minimum of a two-car attached garage with a minimum of 400 square feet. 6. The Developer or its successors will install a 4-four foot wide Portland Cement Concrete sidewalk with a minimum thickness of four inches(minimum thickness of five inches through driveways) across the full length of all street frontages of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof,when any owner has acquired said two (2) or more adjoining lots, or portions thereof, upon construction upon one (1) or more lots, or portions thereof,all as required by the City of Waterloo, Iowa. The sidewalk shall be constructed during or immediately after the construction of a residential dwelling on lots 2,3 or 4, or portions of lots as previously described, in the Addition, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction for any vacant lots remaining for five (5)years after the date of final approval of the plat,as soon as the construction season permits. Installation of a 4-four foot wide Portland Cement Concrete sidewalk with a minimum thickness of four inches (minimum thickness of five inches through driveways) adjacent to lot 1 shall be completed at the same time as the hard surfaced driveway approach to lot 1 is constructed and prior to November 1, 2018. A hard surfaced driveway approach shall be constructed during or immediately after the construction of a residential dwelling on lots 2,3 and 4 in the subdivision but before issuance of an Occupancy Permit from the City of Waterloo, Iowa. A hard surfaced driveway approach shall be constructed to serve the private easement to lot 5: 1)when the driveway to lot 1 is constructed, or 2)when a residential dwelling is constructed on lot 5 but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or 3)when ownership of lot 5 is transferred from the developer(s)to another owner, whichever occurs first. 7.The owner of each lot,vacant or improved, shall keep his lot or lots free of weeds and debris. Further,the owner and/or occupant of each lot shall jointly and severally be responsible to keep in good order or to maintain the area between the curb line and the property line abutting his property including keeping said area free of holes, pitfalls, stumps of trees,fences,brick, stone, cement or other monument-type mail boxes, stakes,post or rods to which a metal,plastic or similar receptacle designed to hold newspapers are affixed,retaining walls, landscaping brick, block, stone,timber or other similar material, or any other similar obstructions. 8.No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 9.No dwelling on any lot in said Addition shall be occupied until it meets City of Waterloo requirements for occupancy. 10.No old or used buildings shall be moved upon any of the lots in said Addition for any purpose. 11. All electrical distribution lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature shall be installed underground on all lots in said Addition. 12. A perpetual easement is reserved along the lot lines of said lots as shown by the recorded plat for storm water drainage and utility installation and maintenance. There shall be no fences, buildings, large plantings or other obstructions upon or under the property covered by these easements, so that access is available for any equipment and/or persons necessary for the construction, reconstruction or maintenance of said utilities and/or drainage ways. 13.No radio station or short-wave operators of any kind shall operate from any lot which shall cause interference with audio or visual reception upon any other lot.Antennas are permitted if attached to the structure and do not extend more than eight feet above the peak of the home.All other antennas, satellite TV dishes in excess of 24 inches in diameter,poles for radios, and windmills are prohibited. 14.No semi-tractor or commercial trailer exceeding 30' shall be kept or parked on any lot or street in said Addition; provided,however,that this prohibition shall not apply to such vehicles driven in said Addition in pursuit of and in conducting their usual business.A personal use RV or motorhome is allowed to be kept or parked on the property. 15. No shrubs or trees shall be planted so as to infringe upon adjoining property lines based on maximum expected growth and shall be maintained so as not to infringe. 16.No animals, livestock,or poultry of any kind shall be raised,bred or kept on any lot, except that two dogs and/or 3 cats maximum, or other household pets are allowed and then only if they are not kept, bred or maintained for any commercial purposes. Such animals shall be kept under control so as not to constitute a public nuisance and must be kept in compliance with applicable zoning laws and regulations of the City of Waterloo,Black Hawk County,Iowa. 17. All buildings erected on any lot in said Addition shall be constructed in accordance with the Building,Plumbing and Electrical Codes of the City of Waterloo,Iowa. ENFORCEMENT All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owner of the legal or equitable title to any lot in said subdivision.Invalidation of any one or more of the within restrictions by judgment or decree of court shall not be regarded as affecting the validity of any of the other provisions hereof,nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat, all of which such other provisions shall remain in full force and effect. 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 or persons owning property in said Addition to prosecute any proceedings 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 to recover damages for such violation,or both,and for costs and reasonable attorney's fees as determined by the Court and not the statute. BINDING ON ALL OWNERS The undersigned and all persons and corporations hereafter requiring any right,title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants,restrictions and stipulations as to the construction of building thereon for a period of twenty-one(21)years from the date of filing of said plat and this deed of dedication for record.Within the period of twenty-one(2 1)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (,Code of Iowa)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 of the 2015 Code of Iowa.In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one (2 1)years or successive 21-year period,then the covenants,restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one(2 1)years. SOIL AND EROSION CONTROL Upon the sale,transfer and/or conveyance of a lot by developers,transferee shall take responsibility for any erosion control issues, certifications and/or requirements of the Iowa Department of Natural Resources. Further, all subsequent owners of lots in the subdivision shall be obligated to meet any and all requirements imposed by the Commissioners of the Black Hawk County Conservation District or any other governmental agency, by the authority of Chapter 161A, Code of Iowa,pertaining to soil erosion control plans for certain land distributing activities. This covenant shall be perpetual and not be governed by the time provisions set forth above. STORM WATER DETENTION BASIN There is a storm water detention basin located on the west portion of Lot 4. It shall be the responsibility of the owner of Lot 4 to conduct routine maintenance of the storm water detention basin which includes mowing and keeping weeds,trees, and shrubs under control, in addition to keeping the basin outlet free and clear of obstructions.Any expense to maintain or repair the storm water detention basin shall be the equal responsibility of the five Lot owners and would include removal of accumulated silt,repair of eroded areas, or other repairs or replacement of the basin outlet grate.The owner of Lot 4 is responsible for providing quotes,receipts, and billing/collections for such expenses. Developers hereby grant to the City of Waterloo,Iowa, access to the storm water detention basin for the purpose of inspection and enforcement of any city code or ordinance provisions governing the maintenance of the storm water detention basin. ZONING The developers,Michael S.Dahl and Brian M.Kennett, state that this plat and development shall comply with the R-1 Residential Zoning District Classification Regulations. LIEN FOR ASSESSMENTS Notwithstanding anything contained in this Deed of Dedication to the contrary, any assessment made under the Deed of Dedication shall not be a lien against any property described herein unless and until the City of Waterloo records with the Black Hawk County Recorder a "Notice of Assessment Lien" which notice shall describe the property against which the lien attaches and the amount of said lien. �klsasT - Dated:J_�,2018 Michael S. Dahl 4Angej. Dahl 4- Brian M.Kennett STATE OF IOWA, COUNTY OF- -)ss. This instrument was acknowledged before me ons JWP ,2018 by Michael S. Dahl and Angela B.Dahl,husband and wife, and Brian M.Kennett, a single pers ,,XALa TIM ANDERA AY `"f COMMISSION NO. RES Notary Public-- State of Iowa *gym* MY COAPRIL 11,,2021