HomeMy WebLinkAboutWaterloo air and Rail Park 3rd Addition - Deed of DedicationDEED OF DEDICATION
WATERLOO AIR AND RAIL PARK, 3"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 William W. Castle, a licensed land surveyor, dated
October 3, 2022, 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, 3' 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,
storm water, sanitary sewer, and other public infrastructure, as may be shown on the plat
attached hereto, including but not limited to the right to construct, maintain and operate any
facilities or improvements relating thereto.
4. Further Dedications. Owner hereby further dedicates and conveys to the City of
Waterloo, Iowa, its successors and assigns, the areas designated on the plat map as Tract "A" and
Tract `B". Tract "A" is dedicated for street and right-of-way purposes. Tract `B" is dedicated
for storm water management purposes, development purposes and such other purposes as the
City of Waterloo may hereafter declare by separate instrument for said Tract. The City of
Waterloo shall have discretion to dedicate and/or convey such portions of Tract `B" as may be
desirable for or in connection with private development of adjacent parcels and to place upon
such tract or portion thereof such additional restrictions, or to release same from any limitation of
purpose set forth above, as the City of Waterloo considers necessary or advisable.
5. Storm Water Management Facility. Tract "B" in the subdivision shall be a storm
water management facility (the "Facility"), and said Facility shall benefit certain lots in this
subdivision 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 this Deed of Dedication, until such time that
the Owner, in its sole discretion, assigns such duties to the WARP 3`d 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 plat of this subdivision. 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 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.
ARTICLE II
USE OF THE PROPERTY
1. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo
or other governmental agency, permitted uses shall be distribution warehouse, cross -docking
facilities, contractor storage yard, office facilities, technological or business operation,
manufacturing, assembly facility, laboratory and research.
2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage
yard, feed and fuel yard, slaughter houses, stock yards, or other facilities processing or handling
live animals, the rendering or refining of fats and oils, or residential use. This is in addition to
limitations called for in the zoning restrictions or ordinances applicable to the Property from time
to time.
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3. Other Conditions Not Permitted. Any facility or operation which causes a
nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials in
violation of applicable law, rule, regulation or order shall not be permitted.
4. Temporary Structures. Temporary structures will be allowed to be used only as
construction offices and/or small tool sheds. The temporary structures are to be removed within
two (2) years after placement.
ARTICLE III
DEVELOPMENT STANDARDS
1. Vehicle Parking. All vehicle parking requirements must be provided for within
the property boundaries and shall be set back from all property lines with street frontage a
minimum of five (5) feet.
2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such
as to allow for the truck to back up to the buildings or parking spaces without using the street as
part of the maneuvering area.
3. Pavement Requirement. The entire area for auto parking, truck parking and
maneuvering shall be paved. Notwithstanding the foregoing, the parking area for empty trucks
may be gravel. Outside storage area, where approved, may be gravel.
4. Outside Storage. Outside storage will be allowed only in rear and side yards, and
storage areas must be screened in conformity with the definition of "screen" in the City of
Waterloo zoning ordinance. Outside storage may be allowed otherwise where approved through
the site plan review process. Such storage areas may be gravel.
5. Landscape. The entire area that is not covered with building, pavement or
approved gravel must have only grass/landscaping in accordance with City of Waterloo
requirements.
6. Building Materials. All exterior faces of buildings shall be finished. An
expansion wall of different materials may be approved through the site plan approval process.
7. Fences. Where fences are to be installed, the fence shall be located entirely on the
subject parcel and shall not encroach upon the street right-of-way, and the area between the fence
and street curb shall be grassed and landscaped. The finished side of any fence shall be placed in
such a manner as to face outward from the property. Fences may be placed in areas designated
for drainage easement, but shall be designed and installed so as not to impede drainage.
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ARTICLE IV
ORGANIZATION AND APPROVAL
1. Plan Approval. Proposed site plans will be reviewed through the City of
Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the
plan review process at the time said plan is submitted to the City for review.
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 October 3, 2022.
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By: ID-C.,(
Quentin M. Hart, Mayor
Attest:
Kelley Felchle,«ity Clerk
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Acknowledged before me on October 1 3 , 2022 by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY •MIS 10 PIRES
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