HomeMy WebLinkAboutWaterloo Air Rail Park, 2nd Addition - Deed of Dedication - 11/1/2021 DEED OF DEDICATION
WATERLOO AIR AND RAIL PARK, 2"d ADDITION
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 Jeremy A. Harris, a licensed land surveyor, dated
2021, does by these presents designate and set apart the described premises as a
subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known
as and called Waterloo Air and Rail Park, 211 Addition,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, maintain and operate underground sewer, water, gas and communication
service lines within the easement lines as shown on the plat attached hereto. The proprietor,
agents and contractors of all such service corporations or agencies shall have the right of
reasonable access to their said services and installations for the purpose of the proper
construction, inspection, maintenance,repair, replacement and removal of their lines and
equipment.
3. Other Easements. Owner does hereby dedicate and convey to the City of
Waterloo, Iowa, its successors and assigns, perpetual easements for surface water drainage as
shown on the plat attached hereto, including but not limited to the right to construct, maintain
and operate any facilities or improvements relating thereto.
2. Duration 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 12021.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mdyor
Attest:
Kelley Felcl e, City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY ) A '
Acknowledged before me on N'\\1 , - 2021 by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
eLNA
NCYHGBY
SSION NO.788229
` SION EXPIRES
` 20
4
Prepared by Christooher S.Wendland, P.O. Box 596 Waterloo IA 50704 Phone(319)234-5701
STORM WATER FACILITY MAINTENANCE AND REPAIR AGREEMENT
This Storm Water Facility Maintenance and Repair Agreement(the "Agreement") is
entered into as ofye:mbex ( ,ala, by and between the City of Waterloo, Iowa, as owner of
certain real estate hereinafter described as the "Benefited Property" (referred to in such role as
the"Owner") and the City of Waterloo, Iowa, as governing authority of its Code of Ordinances
(referred to in such role as the "Agency").
RECITALS
A. Owner is the owner of real property platted as Waterloo Air and Rail Park, 1St
Addition (the"1St Addition") and Waterloo Air and Rail Park, 2nd Addition (the
"2nd Addition"). A parcel designated as Tract`B" in the 2nd Addition (the
"Facility") is intended to function as part of the storm water management system
for the contributing drainage area in said subdivisions, comprised of the real
estate described on Exhibit"A" attached hereto (the "Benefited Property").
B. In connection with construction of the Facility and other development
activities to be undertaken in the 1St Addition and 2nd Addition, a maintenance and repair
agreement is required by Section 84C-5 of the Waterloo Code of Ordinances.
C. As a condition to development of the subdivisions and to the Agency's
approval of this Agreement, Owner is willing to obligate itself and its permitted
successors, assigns and transferees to maintain and repair the Facility on the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
parties agree as follows:
1. Installation, Maintenance and Repair. Owner agrees to install, construct,
maintain, repair, and reconstruct the Facility as set forth herein. Owner shall be solely
responsible for the inspection, maintenance and repair of the Facility so that the Facility
continues to function as originally designed for its primary purpose and use for storm water
1
15. Counterparts. This Agreement may be executed in one or more counterparts, each
of which, including counterparts exchange by facsimile or other electronic means, shall be
deemed an original and all of which, taken together, shall constitute one and the same
instrument.
16. Entire Agreement. This Agreement, together with the exhibits attached hereto, if
any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous
negotiations, discussions, understandings, or agreements, whether oral or written, with respect to
the subject matter hereof.
17. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Storm Water Facility
Maintenance and Repair Agreement by their duly authorized representatives as of the date first
set forth above.
CITY OF WATERLOO, IOWA CITY OF WATERLOO, IOWA
(as Owner) (as Agency)
By: ., By: V
Quentin Hart, Mayor Quentin Hart,Mayor
Attest: (—)4 Attest: V loala�01-1'-
Kelley Felelm, City Clerk Kel ey Fel le, City Clerk
5