HomeMy WebLinkAboutWaterloo Air and Rail Park Amendment to Deed of Dedication (RECORDED) 11.01.2021 JI IIIHIIIIIIIIII 11111111111
Doc ID: 011814850003 Type: GEN
Recorded: 08/17/2022 at 11:20:07 AM
Fee Amt: $17.00 Page 1 of 3
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00002830
Prepared by Christopher S.Wendland, P.O.Box 596,Waterloo,IA 50704 319-234-5701
After recording,return to Waterloo P&Z,Attn:Noel Anderson,715 Mulberry Street,Waterloo, IA 50703
AMENDMENT TO DEED OF DEDICATION
WATERLOO AIR AND RAIL PARK, 1ST ADDITION
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
The undersigned, being the owner of all lots in Waterloo Air and Rail Park, l St Addition, does
hereby make the following amendment to the Deed of Dedication filed with the plat of said
addition on March 29, 2021 as Doc. No. 2021-20194:
1. A new Section 4 is hereby added to Article I of the Deed of Dedication, as
follows:
4. Storm Water Management Facility. Certain real estate described as
Tract"B" in future Waterloo Air and Rail Park, 2nd Addition (the "2"d Addition")
shall be a storm water management facility(the "Facility"), and said Facility shall
benefit certain lots in this subdivision and in the 2nd Addition, all as described on
Exhibit"A" attached hereto (collectively, the "Benefited Property"). The Owner
shall perform the duties with relation to the Facility as required under a
Maintenance and Repair Agreement to be filed concurrently with the final Plat for
the 2"d Addition,until such time that the Owner, in its sole discretion, assigns
such duties to the WARP Storm Water Drainage Association(the "Association").
The Owner shall file articles of incorporation and adopt bylaws of the Association
on or before the date on which the City of Waterloo, Iowa has accepted the
Facility and other public improvements pursuant to the 2"d Addition plat. The
purpose of the Association shall be to ensure compliance with the Maintenance
and Repair Agreement and to perform such other functions as may be set forth in
the articles of incorporation and bylaws of the Association. The Association shall
have authority to establish annual fees for membership in the Association and
shall have authority to adjust the annual membership fees as it deems appropriate
to carry out the duties described in this paragraph and in the Maintenance and
Repair Agreement. The owner of each lot or other parcel of land included in the
Benefited Property shall be a member of the Association. The annual fee to be
paid by each Association member shall be proportional to the square footage or
acreage of real estate owned by the member as compared to the square footage or
acreage of the Benefited Property. Membership fees that are unpaid shall be
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assessed as a lien against the member's property in the manner and as provided
for in the articles of incorporation or bylaws of the Association.
2. Except as set forth herein, the Deed of Dedication and all of its terms, restrictions
and provisions shall remain unmodified and in full force and effect.
Executed by the undersigned on ,J , 2021.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felc City Clerk
STATE OF IOWA ) E
) ss.
BLACK HAWK COUNTY )
The foregoing record was acknowledged before me on ON• 2-4)z,k by
Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa.
NANCY H1GB /("'" ?
Y
COMMISSION NO.788229 Notary P blic
• *3 mY C M S ON EX IRES
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EXHIBIT "A"
Benefited Property
Lots 1, 2 and 3, Waterloo Air and Rail Park, 1st Addition, as described in Doc. No. 2021-20194.
AND
Future Lot 5,Waterloo Air and Rail Park,2nd Addition, to be platted.
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