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HomeMy WebLinkAboutBorwig Owner's Statement and Deed of Dedication AND Contract PetitionOWNER'S STATEMENT AND DEED OF DEDICATION for BORWIG ADDITION TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That the City of Waterloo, Iowa ("Owner"), being desirous of setting and platting into lots and streets the land described in the attached Certificate of Survey by William W. Castle, a Licensed Land Surveyor, dated qt1Op„k7,,. - , 2021, does by these presents designate and set apart the aforesaid premises (the "Development") as a subdivision of the City of Waterloo, Iowa, the same to be known as BORWIG ADDITION, City of Waterloo, Black Hawk County, Iowa, all of which is with the free consent and the desire of the undersigned, and the undersigned does hereby designate and set apart for public use the streets, avenues and easements as shown upon 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 and covenants 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 and covenants shall run with the land in the particulars hereinafter stated, to wit: DEDICATION OF EASEMENTS Owner hereby dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, for street and right-of-way purposes, the area designated on the plat as Tract "A." Owner does hereby further grant and convey, or may in the future grant and convey, to the City of Waterloo, Iowa, 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, surface drainage, gas, electricity, communication service or cable television, perpetual easements for the erection, laying, building, operation, repair and maintenance of said services over, across, on and/or under the Development as shown on the attached plat or as set forth in later instruments, including but not limited to drainage and storm water management easements. There shall be no buildings or other unreasonable obstructions upon or under any lot covered by said easements, so that access is available for any equipment and/or persons reasonably necessary for the construction, reconstruction, repair or maintenance of said utilities and/or drainage ways. RESTRICTIONS AND COVENANTS Be it also known that the Owner does hereby covenant and agree for itself and its successors, assigns and transferees, that each and all of the residential lots in the Development be, and the same hereby are, made subject to the following restrictions and covenants 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 Owner or its successors in interest may hereinafter make for any of said lots and that such restrictions and covenants 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. Development of the Development shall be in accordance with the standards and requirements of the R-2 One and Two Family Residence District pursuant to the City of Waterloo Zoning Ordinance. 2. No building, including any attached deck, porch or sunroom, shall be erected on any lot nearer than the building line indicated on the attached plat. No lot may be split to increase the number of lots or the size of buildable lots in the subdivision. Only one single- family dwelling shall be permitted on any lot, except that a garage may be constructed on Lot 1 in lieu of a single-family dwelling. 3. Any and all drainage and storm water management 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 or storm water management easements, except that at the owner's risk a chain link fence may be erected over and upon said areas subject to removal for any repair, maintenance or reconstruction work deemed necessary for drainage or storm water management purposes. All lot owners and/or contractors working on said lots will be responsible to maintain said easements to be free and clear of any physical obstruction(s), thus allowing the passage of surface storm water runoff as intended per the "Stormwater Management Plan" on record with the City of Waterloo Engineer's Office. The Stormwater Management Plan shall be developed and approved prior to or concurrent with the first dwelling constructed in the Development. 4. In no event shall any building or structure be constructed or maintained for manufacturing, industrial, commercial or business purposes, except for an in -home office as permitted by the City of Waterloo zoning ordinance. Permanent business signs of any kind will no be allowed in the Development. 5. No trailer, basement, tent, shack, garage, barn, or other out building erected in the subdivision 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 the subdivision, and no kennel, dog run or similar external animal shelter shall be maintained on any lot in the subdivision. 6. No 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 1,300 square feet for the main base of single-family houses. All dwellings shall have an attached double garage with a minimum of 800 square feet. No detached garages are allowed, except that a stand-alone garage may be constructed on Lot 1 in lieu of a dwelling. 7. Storage sheds and outbuildings other than garages are permitted, but only in compliance with the zoning ordinance and only if the design and materials are similar to the main structure. 8. The owner of each lot, vacant or improved, shall keep the lot or lots free of weeds and debris. 9. No 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. 10. No dwelling on any lot in the subdivision shall be occupied until the exterior is completed and finished, the interior substantially completed and finished, and a certificate of occupancy issued by the City of Waterloo. All construction and landscaping shall be completed within twelve (12) months of issuance of a building permit by the City of Waterloo. 11. No old or used building shall be moved upon any of the lots in the subdivision for any purpose, and all buildings on any lot in the subdivision shall be kept in a reasonable state of repair and upkeep. 12. No concrete block, hollow tile construction, modular or pre -built home, or geodesic dome building may be erected on any lot in the subdivision; however, "panelized" home construction that utilizes only prefabricated floor panels, wall panels, and roof trusses is permitted. 13. An improved lot shall be sodded, seeded, landscaped or a combination of the foregoing on the entire lot. Silt fence or runoff deterrent must be installed until soil is stabilized 2 by sod, established seed growth or landscaping. All downstream intakes shall be protected from eroding soils entering them. 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. 14. All fencing must be of chain link material, brick or wood. No snow fencing, or fencing comprised of barbed wire or woven wire of any kind, are permitted. 15. No stables or other quarters shall be constructed, maintain or used on any lot for stabling or accommodating any horses, cattle, swine, goats, sheep, other livestock, fowl or bees. No animals, livestock, or poultry of any kind shall be kept on any lots, except that dogs, cats or other household pets may be kept, not exceeding two in number, provided they are not kept for commercial purposes. No pets of any kind will be allowed in any fenced -in areas of the Development green space not owned by individual lot owners. 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. 16. All electrical transmission 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 the subdivision. 17. 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. No exterior radio antenna shall be erected or maintained in or on the property. All TV, radio and other antennas, towers and dishes must be installed and enclosed in an attic or garage, except that satellite dishes no larger than 24 inches in diameter are allowed if not visible from the street. 18. No recreational vehicle, motor home or trailer of any kind, whether camping, boat, house, utility, or otherwise, shall be parked on any lot or street in the subdivision, except that one such vehicle in operable condition may be parked in the driveway of Lot 1 or on the north side of any garage constructed on said lot. 19. No bus, semi -tractor, trailer, or truck of any kind except what is commonly described as a "pickup truck" shall be kept or parked on any lot or street in the subdivision for a period exceeding 48 hours. After said time, such vehicles must be removed from the Development or completely stored within the garage of the dwelling. 20. Any footing drain tiles or sump pump systems installed in conjunction with the construction of a residence shall be connected to sub -drain tile and shall not be expelled into any sanitary sewer system, onto the street, or onto the surface of the property. 21. 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 their property, including keeping said area free of holes, pitfalls, stumps of trees, fences, brick, stone, cement, stakes, posts or rods to which a metal, plastic or similar receptacle designed to hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping brick, block, stone, timber or other similar material, or any other similar obstructions. 22. 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 the subdivision, and if successful the person seeking enforcement shall be entitled to recover reasonable attorneys' fees and expenses incurred in such action. Invalidation of any one or more of the within covenants, restrictions or stipulations 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 covenants, restrictions or stipulations hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat. 23. The undersigned and all persons and companies hereafter acquiring any right, title, or interest in any of the lots in the Development shall be taken and held to have agreed and covenanted with the owners of all other lots in the Development and with the respective successors and assigns of all of the rest of such other lots, for a period of twenty-one (21) years from the date of filing of the subdivision plat and this deed of dedication, to conform to and 3 observe all of the foregoing covenants, restrictions and stipulations as to construction, use, maintenance and other activities and duties, unless by vote of a majority of the then -owners of the lots it is agreed to change any of said covenants, restrictions or stipulations in whole or in part. These covenants, restrictions and stipulations may be extended for one or more additional periods of effectiveness upon compliance with the Code of Iowa, provided that if not so extended said covenants, restrictions and stipulations shall terminate at the end of the existing period of 21 years. 24. Invalidation of any of these restrictions or covenants by judgment, decree or court order shall in no way affect any of the other provisions of this dedication, and such other provisions shall remain in full force and effect. 25. It is agreed that: A. All construction shall be in accordance with the building, plumbing and electrical codes of the City of Waterloo. B. The streets shown on the attached plat will be brought to city grade and that the streets will be 31 feet, as measured from back of curb to back of curb, with approved hard surface pavement, as required by the City of Waterloo. C. The following infrastructure shall be provided as required by the City of Waterloo or other applicable law: utilities, fire hydrants, storm sewer, sanitary sewer (together with the necessary manholes and sewer service lines to all lots in the subdivision), and water service lines (to all lots in the subdivision). D. A 4-foot wide concrete sidewalk four (4) inches thick, and a concrete surface driveway and driveway approach, will be installed during or immediately after the construction of the residence on any particular lot. The sidewalk shall extend across the full width of the lot and on corner lots also across the parking and full length of the lot. The sidewalk shall be constructed to match at each end with existing sidewalks on adjoining lots. Any lots remaining vacant for five (5) years after the date of final approval of the plat, or after 75% of the lots in the subdivision have been developed, whichever occurs first, shall also be improved with sidewalks as soon as the next construction season permits. E. The work and improvements called for in paragraphs B and C of this Section shall be in accordance with the specifications of the City of Waterloo, Iowa, and performed under the supervision of a qualified engineer licensed in the State of Iowa. In the event that the developer, its grantees and assigns, fails to complete said work and improvements within one (1) year from the date of the acceptance of said final plat by the City of Waterloo, or with respect to sidewalk and other improvements required by paragraph D of this Section are not completed within the period require by said paragraph, then the City may make the improvements and assess the costs of the same to the respective lots. The undersigned agrees that said assessments so levied shall be a lien on the respective lots with the same force and effect as though all legal provisions pertaining to the levy of such special assessments have been observed, and further authorizes the City Clerk to certify such assessments to the County Auditor as assessments to be paid in installments as provided by law. The Owner, for itself, its successors, assigns and transferees, waives all statutory requirements of notice of time and place of hearing and waives statutory protections and limitations as to costs and assessments and agrees that the City may install said improvements and assess the total costs thereof against the lots. F. All required public improvements within the subdivision plat shall be constructed and installed, to conform with approved construction plans which 4 meet the specifications of the City of Waterloo, Iowa. Such required public improvements shall meet the following requirements: i. Shall be constructed and installed in a good and workmanlike manner; ii. Shall be free of defects in workmanship or materials; iii. Shall be free of any conditions that could result in structural or other failure of said improvements; iv. Shall be constructed and installed in accordance with the design standards and technical standards established for such public improvements by the City and by utilities serving Waterloo; and v. Shall be constructed and installed in strict compliance with the minimum acceptable specifications for the construction of public improvements set forth in the Waterloo Code of Ordinances, including without limitation, Title 11, Subdivision Regulations, and as such specifications shall be recommended for approval by the City Engineer from time to time, and approved by the city council. WITNESS my hand at Waterloo, Iowa, this day of January, 2022. CITY OF WATERLOO, IOWA By: Quentin M. Hart Attest: Kel ey Felch s , City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on January 10 , 2022 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY HIGBY COMMISSIGO�NpNO.788 29 MY e ►A 5 CONTRACT rek This Agreement entered into this 3day of j (,t.'r)l.l -1'1. , 2022, by the City of Waterloo, Iowa, hereinafter referred to as First Party and , 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 d`,4- ,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. TT 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 day of , 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 t o day of J0,-11.1,.L4- , 20 Z-�-- CITY OF WATERLOO, IOWA By: 0"eA#6-1434 ATTEST: By: By: SECOND PARTY FIRST PARTY Mayor erk