HomeMy WebLinkAboutFirst Amendment to Owners' Statement and Deed of Dedication - 11.2.2020 Prepared By : Eric W. Johnson, P . O . Box 178 , Waterloo, IA 50704-0178 (319) 2344766
After Recording Return To : Eric W . Johnson, P . O . Box 178 , Waterloo , IA 50704-0178
(319)2344 766
FIRST AMENDMENT TO
OWNER' S STATEMENT AND DEED OF DEDICATION
FOR
AUDUBON HILLS FIRST ADDITION
TO THE CITY OF WATERLOO , IOWA
This First Amendment to Owner' s Statement and De9d of Dedication for Audubon Hills
First Addition to the City of Waterloo, Iowa, is made this o� day of 40 vt-robe✓ , 2020 , by
the undersigned representing all of the owners of lots in said Addition.
WHEREAS , the Owner' s Statement and Deed of Dedication for Audubon Hills First
Addition to the City of Waterloo, Iowa, was filed with the Final Plat, December 22, 2015 , as
Document No . 2018 -04703 in the office of the Black Hawk County Recorder ("Dedication") .
WHEREAS , the Owners of all of the lots affected by Dedication wish to amend and
change the restrictions regarding fences as to how they affect Lots 1 -7 of Addition .
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree that Dedication shall be changed as follows :
1 Restrictive Covenant 2 shall be changed to read as follows :
"Any dwelling that is erected on any lot shall have a minimum setback as shown upon the
attached plat. These setbacks shall apply to the main building structure, as well as any
attached decks, porches, or sunrooms . In addition, no fence, dwelling, or other structure of any
kind shall be placed in drainage easement areas, as the same are shown on the attached plat.
Any and all drainage easements will be required to follow the "Stormwater Management
Plan" and no building, fence structures, landscaping structures, private gardens or any other
possible obstruction can be built in and over said drainage easements . All lot owners and/or
contractors working on said lots will be responsible to maintain said easements to be free and
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clear of any physical obstruction(s) , thus allowing the conveyance of overland storm water
runoff as intended per " Stormwater Management Plan" on record with the City of Waterloo
Engineer' s Office . Notwithstanding the foregoing, a chain link fence will be allowed on the
24 ' Drainage Easement located along the eastern boundary of Lots I -7, inclusive, so long as
drainage is maintained with each respective property owner responsible to keep the fence
clear of debris or other obstructions that would unreasonably block overland storm water
runoff as intended . "
2 . Except as specifically provided in this Amendment, the provisions of the
Dedication shall remain unchanged and in full force and effect. In the event of a conflict
between the Dedication and this Amendment, this Amendment shall control . Capitalized terms
used but not defined herein shall have the meanings attributed to them in the Dedication .
IN WITNESS WHEREOF , the undersigned have caused this instrument to be duly
executed this day of 520206
Owners of Lot 1 , 2 , 5 , 13 & 14
XL Colt Farms, LLC
By : David Lederman
Its : Manager
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
David Lederman, as Manager of XL Colt Farms, LLC .
Notary Public
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Owners of Lot 3
Elvis Mehmedovic
Sifeta Mehmedovic
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Elvis Mehmedovic and Sifeta Mehmedovic, husband and wife .
Notary Public
3
Owner of Lot 4
LG Companies, LLC
By : Kyle Larson
Its : Manager
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020, by
Kyle Larson, as Manager of LG Companies, LLC
Notary Public
4
Owner of Lot 6
Mark Wall
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Marls Wall , a single person .
Notary Public
5
Owners of Lot 7
Jason T. Dougherty
Emily J . Dougherty
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Jason T . Dougherty and Emily J . Dougherty, husband and wife .
Notary Public
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Owners of Lot 8
Richard Naylor
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Richard Naylor, a single person .
Notary Public
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Owners of Lot 9
Kasim Mustedanagic
Fahira Mustedanagic
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Kasim Mustedanagic and Fahira Mustedanagic, husband and wife .
Notary Public
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Owners of Lot 10
Michael P . Girsch
Julie C . Girsch
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Michael P . Girsch and Julie C . Girsch, husband and wife .
Notary Public
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Owners of Lot 1 I
David A . Richter
Ann C . Richter
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
David A . Richter and Ann C . Richter, husband and wife .
Notary Public
10
Owners of Lot 12
Ross E . Bauer
Kristen A . Bauer
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the day of , 2020 , by
Ross E . Bauer and Kristen A . Bauer, husband and wife .
Notary Public
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CONSENT TO THIS AMENDMENT
City of Waterloo , Iowa
LACI/2/ "11/� IGr' 1 �
By : Quentin Hart
Its : Mayor
STATE OF IOWA )
SS .
COUNTY OF BLACK HAWK )
This record was acknowledged before me on the 2nd day of November , 2020 , by
Quentin Hart , as Mayor of the City of Waterloo Iowa .
_ Nota ublic
. :.NCY HIGBV
COPti�PdiiSSlC)N NO.788229
My Coi oAISSION EXPIRES
/ O VIS -
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