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HomeMy WebLinkAboutNE Industrial Park Plat No. 5 - 4/6/2020DEED OF DEDICATION NORTHEAST INDUSTRIAL PARK PLAT NO. 5 WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa ("Owner"), being desirous of platting the land described in the attached Certificate of Survey, by James E. Lichty, a licensed professional land surveyor, dated .1 -Qa ,—e_ L , 2020, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Northeast Industrial Park Plat No. 5, Waterloo, Black Hawk County, Iowa (the "Property"), all of which is with the free consent and desire of the undersigned, and the undersigned hereby dedicates and sets apart for public use the streets and avenues as shown on the attached plat. 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 hereafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I DEDICATION; RESTRICTIONS 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 easements set forth in this instrument, each of which shall run with the land and shall be binding upon the 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. 2. Utilities. 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. Further, 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 and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and workers 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. Conservation Easements. The conservation easements shown on the plat are designated as wetland areas, and accordingly said easements are intended to be perpetual and shall run with the land. No construction of any type shall be undertaken in or on the easement areas, including but not limited to storm water detention basins. Storm water from developed sites may discharge into, upon and across the conservation easements, subject to applicable federal, State of Iowa, or City wetlands and storm water laws, regulations and ordinances and subject to the terms and conditions of any City -approved storm water pollution prevention plans, storm water management plans, and any other required plans, agreements, permits or approvals. ARTICLE II USE OF THE PROPERTY 1. No Direct Access. There shall be no direct access allowed onto Martin Luther King Jr. Drive from Lot 1 as shown on the attached plat known as Northeast Industrial Park Plat No. 5. 2. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency, permitted uses shall be distribution warehouse, office facilities, technological or business operation, manufacturing, assembly facility, laboratory and research. 3. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feed and fuel yard, poultry or meat killing, poultry or meat processing plant, or residential use. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 4. Other Conditions Not Permitted. Any facility or operation which causes a nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials shall not be permitted. 5. Temporary Structures. Temporary structures will be allowed to be used only as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. ARTICLE III DEVELOPMENT STANDARDS 1. Vehicle Parking. All vehicle parking requirements must be provided for within the property boundaries and shall be set back from all property lines with street frontage a minimum of five (5) feet. On -street parking will not be permitted. 2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings without using the street as part of the maneuvering area. 3. Pavement Requirement. The entire area for auto parking, truck parking and maneuvering shall be paved. Empty truck parking area may be gravel. Outside storage area, where approved, may be gravel. 4. Outside Storage. Outside storage is allowed where approved through the site plan review process, and may be gravel. 2 5. Display Space. Outside display of a product, material and/or equipment will be allowed. 6. Landscape. The entire area that is not covered with building and pavement must have grass/landscaping in accordance with City of Waterloo requirements. 7. Building Materials. All exterior faces of buildings shall be finished. An expansion wall of different materials may be approved through the site plan approval process. 8. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area between the fence and the right-of-way shall be grassed and landscaped. The finished side of any 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 the 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. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (21) years commencing upon the recordation hereof and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may be terminated by written agreement joined in by the owners of 90% in area of the land subject hereto. 3. Amendment. These restrictions may only be amended in writing by the agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment to these restrictions shall be recorded. Dated this lei day of , 2020. 3 CITY OF WATERLOO, IOWA By: Quentin Hart Quentin M. Hart, Mayor Attest: Kelley �elchle Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Lt.ri - L 0 , 2020 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY HIGBY COMMISSION NO.788229 MY COMMISSI N EXPIRES 4 NotaryPublic