HomeMy WebLinkAboutXL Colt Farms, LLC - 4/20/2020PETITION AND WAIVER
THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called
the City, and the undersigned property owners in said City, hereinafter called the Property Owners
WITNESSETH:
WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite
their names; and
WHEREAS, the City proposes to construct improvements in said City; and
WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their
respective properties hereinafter described opposite their names the general description and location of said
improvements being as follows:
See attached Exhibit "A"
The properties to be assessed are described as follows:
Lots l through 21, inclusive, Audubon Hills Second Addition to the City of Waterloo, Iowa.
NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS:
As soon as practicable the City shall have the right to cause said above described improvements to be
constructed in accordance with in all respects, with such plans and specifications for the above described
improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of
a civil engineer registered in the State of Iowa.
For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said
improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids
done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of
Iowa.
In consideration of the construction of the said improvement, the undersigned Property Owners hereby
waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the
advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of said improvements where the
expense of such improvements is to be assessed against the abutting or adjacent property The undersigned Property
Owners each and all hereby expressly waive each and every question of jurisdiction the mtention of the Property
Owners being to authorize and direct said City to construct the said improvement without any of the formalities or
legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention
of each of the undersigned Property Owners being that said above described improvements shall be constructed as
aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed.
It is further agreed that said City may make a contract for construction of the above described
improvements, as herein provided and that when said improvements have been constructed in accordance with the
plans and specifications for the said improvements, to be adopted by the council, that said city by and through its
Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the
construction of said improvements, including the cost of engineering, supervision, and preparation of assessment
schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the
undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which
is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal
formalities provided by law in such cases had been fully and faithfully performed and observed Each of the
undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be
paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special
assessments for such improvements.
Petition and Waiver Page 1 of 3
The amount and proportion of the cost of said improvements, to be paid by the several Property Owners,
shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make
such changes or alterations in said assessment as should be made and when said assessments are finally passed by
the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with
all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been
fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law
for the payment of special assessments for such improvements, and improvement bonds may be issued by the City
payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa,
topass anyResolution requisite or necessary to order and secure said improvements, to provide for the construction
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of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any
of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council
without petition of property owners, without in any way qualifying this petition or releasing the Property Owners
from their obligation to pay the assessments levied against their property for the cost of said improvements.
Each Property Owner warrants that his real estate described below is free and clear of all liens and
encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and
designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any
part of his said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of
the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and
consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto.
Property Owners agree that this Petition and Waiver shall be effective and binding from and after the
approval hereof by resolution of the City Council.
IN WITNESS, WHEREOF we have hereunto affixed our signature this i day of /14/
2020.
XL Colt Farms, LLC
By: David Ledern a
Its: Manager
Petition and Waiver Page 2 of 3
s
STATE OF IOWA )
SS
BLACK HAWK COUNTY)
On this
, 2020, before me,
, a Not ry Public, in and for the County of Black Hawk, State of Iowa,
personally appeared David Lederman, as Manager of XL Colt Farms LLC.
day of
JILL P DEVRIES
COMMISSION NO. 194001
MY COMMISSION EXPIRES
DECEMBER 17 2021
STATE OF IOWA
SS
BLACK HAWK COUNTY)
On this day of
1-2 U1/4-0,
NO ' PUBLIC IN AND FOR BLACK HAWK
COUNTY, IOWA,
, 2020, before me,
in and for the County of Black Hawk, State of Iowa,
of Farmers State Bank.
, a Notary Public,
personally appeared
Petition and Waiver
as
NOTARY PUBLIC IN AND FOR BLACK HAWK
COUNTY, IOWA.
Page 3 of 3
EXHIBIT A
PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH
PRINCIPAL MERIDIAN, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF AUDUBON PARK SIXTH ADDITION TO THE CITY OF
WATERLOO, IOWA, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY 20,
THENCE SOUTH 72°18'27' EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 74.21 FEET;
THENCE SOUTH 82°17'29' EAST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 959.38 FEET;
THENCE SOUTH 04°35'34' WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 85°54'26" EAST, A
DISTANCE OF 84.82 FEET TO A POINT ON THE WEST LINE OF AUDUBON HILLS 1ST ADDITION; THENCE
SOUTH 00°15'57" EAST ALONG SAID WEST LINE, A DISTANCE OF 325.47 FEET TO THE NORTHEAST
CORNER OF LOT 14 OF AUDUBON HILLS 1ST ADDITION; THENCE NORTH 82°24'20' WEST ALONG THE
NORTH LINE OF SAID AUDUBON HILLS 1ST ADDITION, A DISTANCE OF 367.83 FEET TO THE NORTHWEST
CORNER OF LOT 13 OF SAID AUDUBON HILLS 1ST ADDITION THENCE SOUTH 16°49 13" WEST, A
DISTANCE OF 90.11 FEET TO THE NORTHEAST CORNER OF LOT 1 OF AUDUBON PARK FIFTH ADDITION;
THENCE NORTH 77°11'11' WEST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.52 FEET
TO THE EAST RIGHT OF WAY LINE OF CARAS ROAD, SAID POINT BEING ON A 750 50 FEET RADIUS CURVE,
CONCAVE WESTERLY; THENCE SOUTHERLY 68.44 FEET ALONG SAID EAST RIGHT OF WAY LINE, SAID
CURVE HAVING A 68.42 FEET CHORD THAT BEARS SOUTH 14°31'25" WEST AND A CENTRAL ANGLE OF
005°13'30", THENCE NORTH 73°05'31' WEST, A DISTANCE OF 59.91 FEET TO THE NORTHEAST CORNER
OF LOT 2 OF AUDUBON PARK FIFTH ADDITION THENCE NORTH 73°01'33" WEST ALONG THE NORTH
LINE OF SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 217.81 FEET TO THE NW CORNER OF
SAID LOT 2 THENCE SOUTH 39°05 57' WEST, A DISTANCE OF 67.60 FEET TO THE NE CORNER OF LOT 4
SAID AUDUBON PARK FIFTH ADDITION THENCE NORTH 58°37 04" WEST ALONG THE NORTH LINE OF
SAID AUDUBON PARK FIFTH ADDITION, A DISTANCE OF 287.64 FEET TO THE NE CORNER OF LOT 6 SAID
AUDUBON PARK FIFTH ADDITION; THENCE NORTH 78°02'52" WEST ALONG SAID NORTH LINE, A
DISTANCE OF 67.85 FEET TO THE SE CORNER OF LOT 24 AUDUBON PARK SIXTH ADDITION; THENCE
NORTH 19°48'10" EAST ALONG THE EAST LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE
OF 186.76 FEET TO THE NE CORNER OF SAID LOT 24, THENCE NORTH 19°34'28" EAST, A DISTANCE OF
60.00 FEET TO THE SE CORNER OF LOT 1 OF SAID AUDUBON PARK SIXTH ADDITION, THENCE NORTH
19°49'12" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 178.53 TO THE POINT OF
BEGINNING; CONTAINING 11.909 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENTS OF RECORD.
CONTRACT
This Agreement entered into this ab day of l , \ , 2020, by the City of Waterloo,
Iowa, hereinafter referred to as First Party and XL Colt arms, LLC, hereinafter referred to as Second Party.
THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning
Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo,
Iowa, and
WHEREAS, said addition is to be known as Audubon Hills Second Addition to the City of Waterloo, Iowa,
and
WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm
sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the
streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all
work above referred to be done under the supervision and direction of a civil engineer registered in the state of
Iowa, and
WHEREAS, Second Party is unable to complete the installation of said above referred to improvements
and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to
enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements
within a fixed period of time.
NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of
the City of Waterloo, Iowa, of the above -described final plat, Second Party at its sole expense, agrees to bring the
streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City
Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers,
curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed
with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is
further agreed that the actual construction of said improvements shall be done in the manner provided by law and in
accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the
state of Iowa.
IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has
executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb
and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments
thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements
and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to
comply with the provisions of this Contract.
IT IS FURTHER AGREED, that said improvements shall be completed no later than the au& day of
r , 20 and the City of Waterloo is hereby specifically authorized to proceed to have any
improvement covered by this Agreement completed any time after said date.
WITNESS our signatures hereto this •
day of
XL Colt Farms
By:
By: David ede an, Its: Manager
SECOND PARTY
,2
CITY OF WATERLOO, IOWA
r
By:
Mayor
ATTEST:
By:
City Clerk
FIRST PARTY
2D