HomeMy WebLinkAboutJohn & Dan Properties, LLC - 5/5/2023 DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS;
That John & Dan Properties, LLC, an Iowa Limited Liability Company, and the City of
Waterloo, Iowa, being desirous of laying out and platting into lots and streets the land es ribed
in the attached Certificate of Survey of Clappsaddle-Garber Associates, Inc. dated $ ,� 3 ,
2023, attached hereto as Exhibit "A" and by this reference made a part hereof, does by these
presents designate and set apart the aforesaid premises as an addition to the City of Waterloo,
Black Hawk County, Iowa, to be hereafter known and designated as San Martian Business Park
1st Addition, Waterloo,Black Hawk County,Iowa,all of which is with the free consent and desire
of said John & Dan Properties, LLC and the City of Waterloo, Iowa. The owners do hereby
dedicate and set apart and do grant and convey to the City of Waterloo for public use the streets as
shown upon the attached plat.
That John & Dan Properties, LLC, and the City of Waterloo, Iowa, are the owners of the
property described as shown in the Certificate of Survey filed herewith.
Be it further known that John & Dan Properties, LLC, and the City of Waterloo, Iowa do
hereby covenant and agree for themselves,their successors and assigns, that all of the lots in said
addition are hereby made subject to the following covenants,restrictions and easements upon their
use and occupancy as if the same were contained in every instrument that they or their successors
in interest may execute concerning said lots, and said restrictions, covenants and easements shall
run with the land for the length of time and in the particulars hereinafter stated, to wit:
1. All lots in this Addition shall be governed by Zoning Ordinances of the City of
Waterloo, Black Hawk County, Iowa, and all buildings thereon shall meet the minimum
restrictions of said zoning ordinances.
2. No building or other structure or improvement shall be erected on any lot nearer to
any property line than the building set-back lines as shown on the attached plat, and where no
building set-back lines are indicated on the plat,the provisions of the zoning ordinances of the City
of Waterloo, Black Hawk County, Iowa, in force and effect at the time of the erection of the
building, structure or improvement shall govern the building set-back lines.
3. No trailer, basement, tent, shack or barn shall be used temporarily or permanently
in the Addition. However, temporary structures will be allowed to be used only as construction
offices. The temporary structures must be removed within two (2)years after placement.
4. No site or lot shall be used for any purpose,business or activity which is considered
dangerous or unsafe,is noxious or offensive by reason of emission of dust,odor,gas,smoke, fumes
or noise or otherwise, or which constitutes or may become a nuisance to the remainder of the
Addition or to owners of property surrounding the Addition.
5. A lot may be split or divided in a fashion to provide for more lot area when added
to an adjoining lot or to provide for the sale of a part of a lot to a third party not owning an adjoining
lot; provided, however, that at minimum, no lot as the result of such splitting or dividing shall
contain less than one acre in size.
6. The titleholder of each lot, vacant or improved, shall keep the lot free from weeds
and debris and shall maintain that part of the dedicated street shown upon the attached plat adjacent
to the titleholder's property and lying between said property and the paved roadway.
7. All vehicle parking must be provided for within the property boundaries and must
be set back from all property line with street frontage a minimum of ten(10). Trucks and delivery
trailers must be able to maneuver on the building site without using part of the street. Overnight
on-street parking of any vehicle type will not be permitted. The entire area for auto and truck
parking and maneuvering shall be paved.
8. Outside storage will not be allowed.
9. Outside display of any type, other than business signage,will not be allowed.
10. All landscaping will be governed by the Highway 20 Corridor Overlay District
ordinance of the City of Waterloo, Iowa,as same may be amended.
11. Exteriors shall be brick, stone, EIFS, stucco, decorative concrete block,
architectural precast concrete, glass, or a combination thereof. Roofing can be asphalt/metal
shingles, built-up, single ply membrane, or standing seam metal. Colors shall be earth tone:
browns, tans, and muted reds, greens, yellows and oranges. Glazed facing and bright colors will
be prohibited.All plans and color schemes must be reviewed and approved by a Design Committee
designated by the Developer a minimum of thirty days prior to the start of construction. In the
event that the Developer is no longer the owner of a lot in this Addition and has disbanded the
design committee, future construction thereafter must be reasonably compatible to that on other
lots in the Addition.
12. No lot-enclosing or perimeter fences or other barriers of any type shall be erected.
Fencing lower than 4' and shorter in run than 12' may be used for other purposes. Additionally,
fences for enclosing dumpsters or other waste containers and for providing privacy for outdoor
facilities peculiar to legal business purposes of a lot owner may be sufficiently higher to
accomplish the desired purpose.
13. All properties with frontage abutting West San Martian Drive are restricted to using
low-level monument signs. These signs are further restricted to a face size of 12' long and 4'high
with a masonry base of material similar to the building type. Pole signs will be permitted on all
other lots with their construction and height limitations governed by the Highway 20 Corridor
Overlay District ordinance of the City of Waterloo, as same may be amended. Wall signs for any
structure are to match graphics used for monument or pole sign and be governed by the Highway
20 Corridor Overlay District ordinance of the City of Waterloo, as same may be amended. No
window or miscellaneous mobile advertising will be allowed.
14. There shall be no direct access from any Lot in the Addition to West San Marnan
Drive.
15. A perpetual easement is hereby granted to any public or private corporation, firm
or person furnishing utilities, water, sanitary sewer, storm sewer, gas, electricity, communication
services, or stormwater detention over the easement areas indicated on the plat. The agents and
employees of any such public or private corporation shall have the right to reasonable access to
said easements,
16. Outlot G identified on Exhibit"A"shall be owned by,preserved by and maintained
by Association A,a non-profit membership corporation organized and existing under Chapter 504,
Code of Iowa. All owners of Lots 1-3, 11, 12, and Lots developed in Tract K shall automatically
be members of Association A. Membership in this Association shall automatically cease upon
termination of such ownership interest. All owners of lots in the Association shall be bound by
and strictly comply with the provisions of the Bylaws of their Association and all rules and
regulations and all profit agreements and determinations lawfully made by their Association and
its directors, officers, or agents.
17. Outlot H identified on Exhibit"A"shall be owned by,preserved by and maintained
by Association B,a non-profit membership corporation organized and existing under Chapter 504,
Code of Iowa. All owners of Lots 7-9 shall automatically be members of Association B. The
owner of Outlot I shall be exempt from membership. Membership in this Association shall
automatically cease upon termination of such ownership interest. All owners of lots in the
Association shall be bound by and strictly comply with the provisions of the Bylaws of their
Association and all rules and regulations and all profit agreements and determinations lawfully
made by their Association and its directors, officers, or agents.
18. At such time as any structure is or has previously been constructed on any lot,
combination of lots, or portion of lots, in said Addition, a Portland Cement Concrete sidewalk or
recreational trail will be constructed along the street frontages as follows:
Sidewalks: The northerly side of Outlot I and Lots 9, 10, 11 and 12
The east side of Outlot G and Lots 1, 2 and 12
Trails: The northerly side of Lots 13 and 14
The sidewalk shown on Exhibit "A" on the East side of Outlot G shall be built by John & Dan
Properties, LLC, and maintained, repaired and replaced by Association A. The sidewalk located
on Outlot I shall be built by John & Dan Properties, LLC, and maintained, repaired and replaced
by the owner of Outlot I. All other sidewalks and trails shown on Exhibit "A" shall be the
responsibility of the Lot owner over whose Lot the sidewalk or trail passes for the cost of building
same and for all repair,maintenance, and replacement of same.
The sidewalks will be a 5-foot-wide Portland Cement Concrete sidewalk, and the trails shall be a
10-foot wide trail Portland Cement Concrete trail,each of the foregoing with a minimum thickness
of four inches, except that sidewalk or trail thickness through driveways shall be a minimum
thickness of six inches or match the thickness of the driveway if greater than six inches, across the
full length of all street frontages of the lots as defined above, and extend to match the end of
existing sidewalk(s)/trail(s) on adjoining lots where sidewalk or trail exists. Said sidewalk or trail
shall also be required to be constructed across all street frontages of two(2)or more adjoining lots,
or portions thereof, when any owner has acquired said two (2) or more adjoining lots, or portions
thereof, upon construction upon one (1) or more lots, or portions thereof, all as required by the
City of Waterloo,Iowa. The sidewalk or trail shall be constructed during or immediately after the
construction on a lot, or portions of lots as previously described, in the Addition, but before
issuance of an Occupancy Permit from the City of Waterloo,Iowa. Notwithstanding the foregoing,
the Developer shall be responsible for installation of said sidewalks or trails on any vacant lots
remaining and owned by Developer five (5) years after the date of final approval of the plat, as
soon as the construction season permits. Responsibility for installation of sidewalks and trails as
set forth above shall include the construction of handicap access ramps at intersections and as
required by the City of Waterloo, Iowa.
19. The owner of Lot 7 shall have a private easement over Lot 8 for drainage access to
Outlot H, as shown on Exhibit"A". This easement shall be maintained by the owner of Lot 7.
20. The owner of Lot 8 shall be permitted to direct undetained runoff to Outlot H. The
owner of Lot 7 shall utilize a private storm sewer pipe located on the Bankers Blvd frontage to
convey up to the 100-year runoff to Outlot H. The owner of Lot 9 shall be permitted to utilize the
remaining capacity of the detention facility on Outlot H for detention purposes with the remaining
required detention provided by the owner of Lot 9 on said Lot 9. The owners of Lots 1-3, 11-12
and Tract K shall be permitted to direct undetained runoff to Outlot G,with the direct runoff from
Lots 11, 12 and Tract K to be directed across the drainage swales shared between Lots 11 and 12
and Tract K.
21. Outlots A through F will be incorporated into the adjacent Lots and will become
part of each Lot's individual stormwater management plan as developed. Drainage discharge on
Lots 4, 5, 6, 10, 13 and 14 will become part of the stormwater management plans for each Lot as
developed, with appropriate use of the West San Martian right-of-way ditch and the storm sewer
systems on Tower Park Drive. Detained runoff on Lot 10 will discharge into the storm sewer pipe
that is run to that Lot. Detained runoff on Lots 13 and 14 will ultimately discharge either into the
Highway 20 right-of-way or into the storm sewer system on Fisher Drive. All of the above will
depend upon the City of Waterloo's approved stormwater management plan for the development
process of each individual Lot.
22. The owners of Lots 7 and 8 will share the use of and the maintenance cost of the
easement located on Lot 8 for ingress and egress to and from Bankers Blvd as shown on Exhibit
"A„
23. These covenants, restrictions and easements shall run with the land and shall be
binding upon the present owner and all persons claiming under it for a period of twenty-one (21)
years following the recording of this Deed of Dedication. Any extension of said period must be
done according to and shall be controlled by the laws of the State of Iowa.
24. If the present owners or their successors or assigns shall violate or attempt to violate
any of the covenants, restrictions and easement herein contained while same remain in force, it
shall be lawful for any person or corporation owning lots in said Addition to prosecute any
proceedings at law or in equity against any person, firm or corporation violating or attempting to
violate said restrictions and either to prevent said violation or attempted violation or to recover
damages for said violation. Invalidation of any of these covenants by judgment or decree shall not
affect any of said covenants not so specifically invalidated,and all other covenants not specifically
invalidated shall remain in full force and effect. However, if,for any reason, a court finds that any
portion of these covenants, restrictions and easements are 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.
Dated 641 day of RA 01
, 2023
John& Dan P .pe ies,
dl �
By: ♦I�11iin.
Its: Authoriz ► - er/Mana.er
City of �Waterloo,�IIoowwa
By: - U�
Quentin Hart, Mayor
By
Kelley Fe chle, City Clerk