HomeMy WebLinkAboutUnion Development Holdings, LLC -(RECORDED) DA north of 501 Lakeside Street-04.04.2022u�m
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Doc ID. 010479550019 Type GEN
Recorded: 06/15/2022 at 11:20:49 AM
Fee Amt: $97.00 Page 1 of 19
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2022-00024319
QL\ b' W \
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2022, by and between Union Development Holdings, LLC
("Company"), and the City of Waterloo, Iowa ("City").
RECITALS
A. City is the owner of real property on E. 4th Street identified as parcel no.
8913-12-326-003, a portion of which is legally described as set forth on
Exhibit "A" attached hereto (the "Property"). Company desires to
undertake a project on the Property and is willing and able to finance and
construct a total of at least 150 multifamily units and related improvements
thereon.
B. City considers affordable housing development within the City a benefit to
the community and is willing for the overall good and welfare of the
community to provide financial incentives to encourage that goal. City
believes that such development is in the vital and best interests of the City
and in accordance with the public purposes and provisions of the
applicable State and local laws and requirements under which the Projects
(defined below) have been undertaken and are being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey the
Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be
by quit claim deed, free and clear of all encumbrances arising by or through City except:
(a) easements, servitudes, conditions and restrictions of record; (b) current and future
real estate real property taxes and assessments subject to the agreements made
herein; (c) general utility and right-of-way easements serving the Property; and (d)
restrictions imposed by the City zoning ordinances and other applicable law. City shall
have no duty to convey title to Company until Company has delivered to City
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reasonable and satisfactory proof of financial ability to undertake and carry on the
Project (defined below), which may take the form of a lending commitment letter.
Company may, at its own expense, obtain whatever form of title evidence it desires. If
title is unmarketable or subject to matters not acceptable to Company, and if City does
not remedy or remove such objectionable matters within twenty (20) days following
written notice of such objections from Company, or such additional time as agreed by
the parties, Company may terminate this Agreement without further obligation. City
shall provide any title documents it has in its possession, including any abstracts, within
ten (10) days of the date of this Agreement to assist in title review.
2. Delivery Date: The City shall deliver the Property to the Company by the
latter of: a) the receipt of all applicable development and construction permits as
required for the Company to begin Improvements (defined below), or b) upon
completion of the anticipated on -site and off -site improvements by others per the
Preliminary Plat for North Crossing Third Addition prepared by Robinson Engineering
Company attached hereto as Exhibit B (the "Delivery Date").
3. Improvements by Company. Company acknowledges that it has had a
reasonable opportunity to inspect the Property and to conduct other due diligence
related to the Project. Company agrees to accept the Property in its "AS IS" condition,
without any warranty from City, expressed or implied, as to the condition of the
Property, its marketability, or its fitness for any particular purpose. At its own cost
Company shall clear all trees and shrubs necessary to undertake the Project (defined
below), shall construct to a finished state at least 150 multifamily units, including
installation of driveways and sidewalks, and be responsible for removal of all
construction debris, proper leveling or shaping of groundscape, and grassing and/or
landscaping (construction and finishing as so described are referred to collectively as
the "Improvements"). The Improvements shall be constructed in accordance with the
terms of this Agreement, all applicable City, state, and federal building codes and shall
comply with all applicable City ordinances and other applicable law. Company shall
submit specific plans, building designs and site plans for City review and approval
before the commencement of construction and shall not substantially deviate from such
plans, specifications or designs. Company will use its best efforts to obtain, or cause to
be obtained, in a timely manner, all required permits, licenses and approvals, and will
meet, in a timely manner, all requirements of all applicable local, state, and federal laws
and regulations which must be obtained or met before the Improvements may be
lawfully constructed. The Property, the Improvements, and all site preparation and
development -related work to be undertaken and completed by Company under this
Agreement are collectively referred to as the "Project".
4. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the incentives provided for in this Agreement, and that without said commitment
City would not have done so. Subject to Unavoidable Delays (defined below), Company
having pursued and received a building permit, shall begin construction of the
Improvements within 30 days of the Delivery Date. (the "Project Start Date"), and
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construction of Improvements must be Substantially Completed within 24 months of the
Project Start Date (the "Project Completion Date"). For purposes of this Agreement,
"Substantially Completed" means the date on which the Improvements have been
completed to the extent necessary for the City to issue a certificate of occupancy
relating thereto.
If Company has not begun construction of the Improvements by the
Project Start Date, City may terminate this Agreement as set forth in Section 14, and
City shall have no further obligation hereunder with respect to such Project. If
construction has not begun by the Project Start Date but the development of the Project
is still imminent, the City Council may, but shall not be required to, grant an extension of
the Project Completion Date. If construction has commenced within the required period
or any extended period and is stopped and/or delayed as a result of an act of God, war,
civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable
control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as
a result of Unavoidable Delays shall be added to extend the Project Completion Date by
a number of days equal to the number of days lost as a result of Unavoidable Delays. If
construction is not completed by the Project Completion Date or within the allowed
period of extension, City may (i) grant an extension of the Project Completion Date, the
granting of which extension will not be unreasonably withheld so long as Substantial
Completion of construction is expected within a reasonable time period, or (ii) if
Substantial Completion is not expected within a reasonable time period, terminate this
Agreement as set forth in Section 14, title to the Property shall revert to the City, and
City shall have no further obligation hereunder with respect to such Project nor any duty
to compensate Company for any work or materials provided before the termination date
or for the added value of improvements completed or partially completed. As promptly
as possible, Company shall notify City in writing of the occurrence of any Unavoidable
Delay and shall again notify City in writing when the Unavoidable Delay has ended.
5. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
Property that is free and clear of any lien, claim, charge, security interest, mortgage or
encumbrance (collectively, "Liens") arising by or through Company. Company shall pay
in full, so as to discharge or satisfy, all Liens on or against the Property. In connection
with any reverter of title, Company shall not be entitled to a refund of the Purchase
Price. Appointment of Attorney in Fact: If Company fails to deliver such documents,
including but not limited to a special warranty deed, to City within sixty (60) days after
written demand by City, then on Company's behalf and as its attorney -in -fact City shall
be authorized, but not required, to execute the special warranty deed required by this
Section, and for such limited purpose Company does hereby constitute and appoint City
as its attorney -in -fact.
A. Indemnification by Company. Company agrees that it shall
indemnify City and hold it harmless with respect to any demand, claim, cause of action,
damage, cost, expense, liability or injury made, suffered, or incurred as a result of
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Company's negligent act, error, omission, or willful misconduct in connection with the
performance of any and all of its duties under this Agreement, or any Lien or Liens on or
against the Property of any type or nature whatsoever that attaches to the Property by
virtue of Company's ownership of same. If City files suit to enforce the terms of this
Agreement and prevails in such suit, then Company shall be liable for all legal
expenses, including but not limited to reasonable attorneys' fees, incurred by City.
Company's duties of indemnity pursuant to this Section shall survive the expiration,
termination or cancellation of this Agreement for any reason.
6. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
7. Incentives. After the Improvements have been Substantially Completed,
Company will be eligible for the following incentives:
A. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the Property is
eligible for tax exemption consistent with and to the extent provided for in Iowa
law and City ordinance, provided that Company meets all requirements to qualify
for such exemption.
7. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any
Liens on the Property, other than such mortgage or mortgages as may be reasonably
necessary to finance Company's completion of the Improvements and of which
Company notifies City before Company executes any such mortgage. Company may
not mortgage the Property or any part thereof for any purpose except in connection with
financing of the Improvements.
8. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
9. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Until the Improvements have been Substantially Completed, Company
shall make such reports to City, in such detail and at such times as
may be reasonably requested by City, as to the actual progress of
Company with respect to construction of the Improvements.
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B. Company will comply with all applicable land development laws and
City and county ordinances, and all laws, rules and regulations relating
to its businesses.
C. Company will cooperate fully with the City in resolution of any traffic,
parking, trash removal or public safety problems which may arise in
connection with the construction and operation of the Improvements.
10. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
11. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
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E. There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
12. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
the Property or resulting from any defect in the Improvements caused by
Company's negligent act, error, or omission during the performance of this
Agreement . The indemnified parties shall not be liable for any damage or injury
to the persons or property of Company or its directors, officers, employees,
contractors or agents, or any other person who may be about the Property or the
Improvements, due to any act of negligence or willful misconduct of any person,
other than any act of negligence or willful misconduct on the part of any such
indemnified party or its officers, employees or agents.
B. Except for anygross negligence, error, omission, or any unlawful
act of the indemnified parties, Company agrees to protect and defend the
indemnified parties, now or forever, and further agrees to hold the indemnified
parties harmless, from any claim, demand, suit, action or other proceedings or
any type or nature whatsoever, by any person or entity whatsoever that arises
from: (1) any violation of any term or condition of this Agreement (except with
respect to any suit, action, demand or other proceeding brought by Company
against the City to enforce its rights under this Agreement), or (2) Company's
negligent act, error, omission, or willful misconduct in connection with
construction, installation, ownership, and operation of the Improvements, or (3)
otherwise as a result of or in connection with the Project
C. The indemnification obligations under this Section shall include
attorneys' fees and expenses incurred by any indemnified part. The provisions of
this Section shall survive the expiration or termination of this Agreement.
13. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Company to cause the construction of the Improvements
on the Property to be commenced and completed pursuant to the terms,
conditions and limitations of this Agreement;
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B. Transfer by Company of any interest (either directly or indirectly) in
the Improvements, the Property, or this Agreement, without the prior written
consent of City, except as otherwise expressly provided in this Agreement;
C. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
D. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to a Project Site formerly owned by City.
E. Any representation or warranty made by Company in this
Agreement, or made by Company in any written statement or certificate furnished
by Company pursuant to this Agreement, shall prove to have been incorrect,
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
14. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement, in
whole or in part. Before exercising such remedy, City shall give 60 days' written
notice to Company of the Event of Default, provided that by the conclusion of
such period the Event of Default shall not have been cured, or the Event of
Default cannot reasonably be cured within 60 days and Company shall not have
provided assurances reasonably satisfactory to the City that the Event of Default
will be cured as soon as reasonably possible. Upon termination by City pursuant
to this Section 14(A), City may exercise any and all remedies available at law,
equity, contract or otherwise for recovery of any sums paid by City to Company
before the date of termination.
B. Default by City. Whenever any Event of Default in respect of City
occurs and is continuing, Company may take such action against City to require
it to specifically perform its obligations hereunder. Before exercising such
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remedy, Company shall give 60 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
60 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible. In the event that specific performance is not available for any reason
whatsoever, Company may exercise any and all remedies available at law,
equity, contract or otherwise for City's default hereunder.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
15. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of each party to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for each party to enter this Agreement.
Each party acknowledges that without such promises, covenants, representations, and
warranties, the other party would not have entered this Agreement.
16. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
17. No Third -Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
18. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
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(b) if to Company, at 409 Massachusetts Avenue, Suite 300,
Indianapolis, IN, 46204, Attention: Ryan Clark.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
20. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
21. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
22. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
23. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
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24. Counterparts. This Agreement may be executed in one or more
counterparts, each of which, including signed counterparts delivered by facsimile or
other electronic means, shall be deemed an original and all of which, taken together,
shall constitute one and the same instrument.
25. 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.
26. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA UNION DEVELOPMENT
HOLDINGS, LLC
BY:
Quentin M. Hart, Mayor
Attest: K _��.�,�,�
Iley Felchle, City Clerk
By:
Kyle Bach, CEO
EXHIBIT "A"
Property Description
Union Development Holdings, LLC Subject Property (Lot 1 of the Proposed North Crossing 3rd Addition)
A part of Auditor's Parcel G, as recorded in Document #2008-10309, on file in the Black Hawk County
Recorder's Office in Waterloo, Iowa, in the Northeast Quarter of the Southwest Quarter of Section 12,
T89N, R13W of the Fifth P.M., Black Hawk County, City of Waterloo, being more particularly described as
follows:
Commencing at the Southwest Corner of said Quarter -Quarter Section;
Thence North 0'56'11" West, 659.05 feet along the West Line of said Quarter -Quarter Section;
Thence North 89°38'37" East, 33.00 feet to the Point of Beginning, said point also being the Northwest
Corner of said Auditor's Parcel G located on the East Right -of -Way Line of East 4th Street;
Thence continuing North 89°38'37" East, 885.55 feet along the North Line of said Auditor's Parcel G;
Thence South 0°54'13" East, 292.68 feet;
Thence South 55°04'12" West, 236.62 feet;
Thence South 0°53'47" East, 103.98 feet;
Thence South 79°44'50" West, 378.06 feet;
Thence South 89°38'S0" West, 316.03 feet to the East Right -of -Way Line of East 4th Street;
Thence North 0°56'11" West, 595.90 feet along said East Right -of -Way Line to the Point of Beginning.
Containing 10.78 Acres, Subject to any easements recorded or unrecorded and further subject to
easements required as part of the pending subdivision infrastructure.
EXHIBIT "B"
Preliminary Plat of North Crossing Addition
See attached.
WATERLOO
BLACK HANK COUNTY
IIMEMINMEMIN
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STATE OF IOWA
SHEET
PP0.1
PP0.2
PP1.1
PP1.2
PP1.3
PP1.4
SHEET INDEX
TITLE
COVER SHEET
SITE MAP
NORTHWEST QUADRANT
NORTHEAST QUADRANT
SOUTHWEST QUADRANT
SOUTHEAST QUADRANT
LEGAL DESCRIPTION
Part of the Southvest Quadrant of Section 12, Township 89 North, Range 13 West of the
FlM Prinipel Meridian more particularly described as follows:
Commencing at the East Quarter Comer of said Section 12;
Thence South 89' 5610" East, 100.01 feet;
Thence South 00° 49 42" East, 33,00 feel to the Point of Beginning, being the Intersection
of the East Rightb/-Way line of US Highway 63 and South Rightof-Way line of Ralston
Road;
Thence South 89' 56 10" East, 519.04 feet;
Thence South 00' 55 36" East, 259.74 feet;
Thence South 89' 5T 15" East, 680.03 feet;
Thence South 00° 56 11" East, 108.55 feet;
Thence North 89° 36 37" East, 1,098.27 feet;
Thence South 85° 43' 46" East, 294.10 feet;
Thence South 00' 54' 09• East, 568.47 feet;
Thence South 89° 38 35. West, 529.03 feet;
Thence South 00° 53 4T East, 566.90 feet;
Thence South 89.1T 02 West, 1335.00 feet;
Thence South 00° 53 47° East, 174.84 feet;
Thence North 89' 5510" West, 628.27 feet;
Thence North 110. 34' 01" West, 291.07 feet;
Thence South 8.9° 06 13° West,117.51 feet;
Thence 356.34 feet along a 230.00 foot radius curve concave northeasterly with a long
chord bearing North 46. 30 42 West, 321.76 feet;
Thence North 46. 06 04" West,14.18 feet;
Thence South 89' 09' 47 West, 53.17 feet;
Thence North W 51. 00" West, 10.00 feet;
Thence South 89° 09 42- West, 163.92 feet;
Thence South OD' 46 10" East, 10.00 feet;
Thence South 00' 49 47 Eeat, 138.59 feet;
Thence South 89° OT 36' West, 36.00 feet;
Thence North 00' 49 42" West, 68.98 feet;
Thence North 14° 16 28" East, 58.34 feet;
Thence North 00° 49 52" West, 274.51 feet;
Thence North 06° 45 49" East, 25.30 feet;
Thence North 00° 21' 10" West, 382.22 feet;
Thence North 02° 22' OY East, 258.50 feet;
Thence North 00° 49 4r West, 382.25 feet to the Point of Beginning;
Excepting that portion of land described In Warranty Deed recorded in Book 658, Page 762
in the Black Hawk County, loos Recorders Office
Containing 71.91 Acres
CURRENT ZONING
WEST OF 4th STREET: C-2 8 0-P
EAST OF 4th STREET: R4-RP
PROPOSED ZONING
NO CHANGE
AVERAGE LOT SIZE
2.36 ACRES (FIGURE EXCLUDES ALL TRACTS)
PRELIMINARY PLAT
FOR
NORTH CROSSING THIRD ADDITION
TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
PN: 4301-21
11/24/2021
j
- PROJECT
LOCATION
LOCATION MAP
WATERLOO, IOWA
NTS
Robinson Engineering Company
Consulting Engineers
819 Second Street NE
Independence, Iowa 50644
319-334-7211
DEVELOPER
NOEL ANDERSON
CRY OF WATERLOO
715 MULBERRY STREET
WATERLOO, IOWA 50703
OWNERS
CRY OF WATERLOO
NORTH CROSSING, LLC
CIVIL ENGINEER
ROBINSON ENGINEERING
819 SECOND STREET NE
INDEPENDENCE, IOWA 50644
319334-7211
PROJECT CONTACT: ALE)( BOWER
ENGINEER; MONICA SMITH
NOTES
1. THIS PRELIMINARY PLAT IS A CONCEPTUAL REPRESENTATION OF THE PROPOSED
DEVELOPMENT. ANY FINAL PLAT AND RELATED IMPROVEMENTS REQUIRED BY THE
DEVELOPMENT SHALL MEET THE REQUIREMENTS OF THE CITY OF WATERLOO
2. FINAL EASEMENT SZING SHALL BE REVIEWED AT TIME OF FINAL PLATTING. SIZING
SHOWN IS BASED ON ASSUMED DEPTH AND SLZES OF UTILITIES
TRACT D SHALL BE DEDICATED TO THE CITY OF WATERLOO FOR STORM WATER
CONVEYANCE
TRACT B SHALL BE RETAINED FOR FUTURE DEVELOPMENT FOR LAND CONVEYANCE AND
IS NOT PROPOSED AS A DEVELOPABLE PARCEL.
TRACTS A AND C SHALL BE USED FOR STORM WATER DETENTIOWRETENTION AND
OVERFLOW ROUTING. FINAL SIZING IS DEPENDENT ON AN APPROVED STORM WATER
MANAGEMENT REPORT.
8. TRACT E SHALL BE DEDICATED TO THE CITY OF WATERLOO FOR PUBLIC RIGHT-OF-WAY
TRACTS F AND 0 ARE PROPOSED TO BE DEDICATED TO ADJACENT PROPERTY
OWNER(S)TO EXPAND EXISTING PARCELS AND/OR VACATE EXISTING RIGHT-OF-WAY
8. APPROPRIATE BUFFERING SHALL APPLY PER CRY CODE RELATING TO PERMITTED USE
OF DIFFERENT ZONING ADJACENT TO EACH OTHER.
9. ALL LOT FRONTAGE (INCLUDING DOUBLE FRONTAGE), SHALL HAVE A 10 PUBLIC UTILITY
EASEMENT FROM THE PROPERTY LINE INTO THE LOT UNLESS NOTED AS GREATER ON
THIS DOCUMENT.
10. STREET LIGHT LOCATIONS SHOWN ON THE PRELIMINARY PLAT ARE SUBJECT TO DESIGN.
FINAL LOCATIONS WILL BE COORDINATED WITH THE CITY OF WATERLOO AND
MIDAMERICAN ENERGY FOR THE TYPE OF LUMINARY SELECTED AT THE TIME OF FINAL
PLATTING. INTERVALS SHOWN ON PLAT ASSUME AN EFFECTIVE ILLUMINATION OF
300-000
11. ALL UTILITY EASEMENT SHOWW ARE SUBJECT TO UTILITY APPROVAL AT TIME OF FINAL
PLATTING.
12. CONSTRUCTION OF NORTH FRONT DRIVE AND IT'S ASSOCIATED SIDEWALKS,
RIGHT-OF-WAY DEDICATIONS, AND STORM INFRASTRUCTURE IS SUBJECT TO APPROVAL
OF IOWA DOT AND FURTHER SUBJECT TO THE NEEDS OF END USERS FOR EACH
DEVELOPED LOT.
PP0.1
11/24/2021
PRELIM
���m�\,''a"
.c�� $yh�O,"4,
�'
I hereby cert,y that this Engineering document was
prepared by me or under my direct personal supervision
and that I am a duly Licensed Professional Engineer
aA. • �OEN�oO'••:y
under the laws of the State of Iowa.
15074
MONICA M. SMITH LICENSE NO. 15074
N /PNP: -
Signature Date
'" pNAL EN
My renewal date is December 31. 2021
`
"""`
Pages or sheets covered by this seal: 'C' SHEETS
GP HEATH STREET`, `�'
,RAC, L - - -- -
c-
LOT 17
0375 ACRE(S)
42461 SF
LOT 18
6.93C5 ACSEF (S)—
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w
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Z 1.742 ACRE(S)
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>:
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Z 60],
0
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Z 1.238 ACRE(S)
5507 SF
LOT 12
3436 ACRE(S)
106123 SF
TRACT O
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LOT 10
4.223 ACRE(S)
183907 SF
LOT 11
2.501 ACRE(S)
7G 108350 SF
LOT 8
LO f 7
E(2 94489 S
92266 SF
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F
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- LAKESIDE STREET
TRACT A
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F
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PP0.2
11/24/2021
PRELIM
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NORTHWEST QUADRANT
PRELIMINARY PLAT
NORTH CROSSING THIRD ADDITION
PN: 4301-21
CITY OF WATERLOO
715 MULBERRY STREET
WATERLOO. 1 WA S0703
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LEGEND
EXISTING
BOUNDARY
LOT LINE
PROPOSED
--- - -- --- EASEMENT —
STORM PIPE
— SAN. PIPE
SAN. SERVICE -b• —
w w WATER PIPE w •
COMM. LINE --_._-,.._.....
ou ------ OVERHEAD ELEC. — au
in. BURIED ELEC. —0E—
GAS LINE
...-. -- CONTOUR 1'
-- — CONTOUR 5'
• CURB STOP •
WATER VALVE
▪ HYDRANT •
POWER POLE
o STORMSTRUC. •
• INTAKE •
O SANTTARYSTRUC. •
ROAD SIGN
50' 100'
VIRDEN CREEK PROJECT
875— �.
-N 89130'3TE 1052.2T-..-
S
ii
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--
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40 INGRESS /EGRESS EASEMENT FOR DETENTRA AND DMTNAGEDRAI l � i 11
20' STORM SEWER AND NAa �ABEMENT 869"_ BT9,aA�, W 3lB 7-- 8fi9,! I ilii Yhll lei
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PP1 .2
11/24/2021
PRELIM
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MC D WA?T
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r eero9'4r W
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ACQUISITIONTBD ''N 0514.9
TRACT0 OGtP59‘II
SSACRE(S) OS �.PSaD
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6.00'
LEGEND
EXISTING PROPOSED
BOUNDARY
LOT UNE
EASEMENT —
-_............ ......._--.---- CENTERLINE — — —
STORM PIPE -----K -
SAN.PIPE —2 OMB
— SAN. SERVICE —s —
WATER PIPE
—9— — WATER SERV. — -
- - COMM. LINE — ro
— OVERHEAD ELEC. —08—
uE BURIED ELEC. —YE—
GAS LINE
- CONTOUR
— — CONTOUR5 C• URB STOP
WATER VALVE
HYDRANT
POWER POLE
5 STORM STRUC. •
INTAKE •
SANITARY STRUC. •
ROAD SIGN -
]0'ROW /
4' �! II N 4653528✓`(J
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LOT 5
2.116 ACR(S)
82288 SF
e]2 _
EX. DETENTION TO
RE RELOCATED TO
REGIONAL BASIN 0
3142T
e mi /
m m
1 LOT 8 ' / /' 181 "I
2.872 ACRE(S) I 66' ROW (EXISTING
S8' ROW (EXIST
50
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PP1 .3
11/24/2021
PRELIM
41
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II
Z4111
11
1
II
1
11
1
I ( I
PROPOSED STORM WATER
MANAGEMENT BASIN
10' PUBLIC UTILITY
EASEMENT
S 88°3895 W
22
1'+
\6
23
22
'31
21
20
2e
21
NILES STREET
8
39
A0
a\
LEGEND
EXISTING PROPOSED
BOUNDARY
LOT LINE
EASEMENT — —
-------- -- CENTERUNE ---
<m— STORM PIPE —ee—
SAN. PIPE --CNN—a•
s—
SAN. SERVICE i —
WATER PIPE �—y--
- e'— WATER SERV. — —
_...._._.. COMM. LINE —m—
OVERHEAD ELEC.—W—
M BURIED ELEC. —LE—
GAS LINE
-- CONTOUR 1'
— — CONTOURO
• CURB STOP •
WATER VALVE
▪ HYDRANT •
POWER POLE
• STORM STRUC. •
• INTAKE •
• SANITARY STRUC. •
ROAD SIGN
0
g
PP1.4
11/24/2021
PRELIM ,