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HomeMy WebLinkAboutThe North Crossing, LLC - Owner's Statement and Deed of Dedication - 3/18/2024 OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING FOURTH ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That North Crossing, LLC. (hereinafter"Developer"), and City of Waterloo, Iowa ("City"),being desirous of setting and platting into lots the land described in the attached Certificate of Survey by Isaiah M. Reicks, Licensed Land Surveyor,dated the day of Ych 1,8 , 202_, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa,the same to be known as NORTH CROSSING FOURTH ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA hereinafter"Development", all of which is with the free consent and desire of Developer and City, and Developer and City do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS Developer and City do hereby grant and convey to the City, its successors and assigns, and conveys to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, drainage, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. II. OWNERSHIP Upon filing of the Final Plat for this Addition,the Lots and Tracts shall be owned as follows: 1. Lots 1, 6-14, inclusive, shall be owned by Developer. 2. Lots 2-5, inclusive, shall be owned by City. 3. Tracts A& D shall be owned by the City for road purposes. 4. Tracts B & C shall be owned by the City and are to be used for future development. 5. Tract E shall be owned by the City and is to be used for stormwater conveyance. III. COVENANTS,CONDITIONS,AND RESTRICTIONS Developer and City do also covenant and agree for themselves, their successors and assigns,that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively,to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer or City,or its successors in interest,may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated,to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing development. The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in the completed Development that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument,the following terms shall have the following definitions: 1. Development- shall mean and refer to the real property described on the above referenced Certificate of Survey, attached hereto. 2. Developer- shall mean North Crossing, LLC, and its successors and assigns. 3. Lot- shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Owner- shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event an Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions,and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for office, medical services, senior services, day care,retail sales and retail services, and they shall 2 be consistent with the requirements of the applicable Zoning District of the City,as approved by Developer and not in conflict with any exclusive rights granted to other Owners or tenants within Development. Further, upon written approval of Developer (unless said use is subject to a development agreement with the City), Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including,but not limited to, financial institutions, and restaurants, etc.). 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke,noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or is, in the reasonable discretion of Developer, injurious to the reputation of any Lot in Development. b. Any use which is in violation of the laws of the United States,the State of Iowa, or any other governmental authority having jurisdiction over Development. c. Overnight parking of campers, semi-trucks, mobile homes,boats, motor homes, buses or passenger vehicles (except those maintained and used for medical services,patient transport, or delivery of goods and services to Lots), except that such parking is permitted in covered or enclosed areas. d. Uses not otherwise permitted in Section III(C)(1) above. e. Owner shall not sell items outside,unless approved in writing by all Owners in Development. f. Any use not consistent with the requirements of the applicable Zoning District of the City. D. GENERAL SITE STANDARDS. 1. BUILDING DESIGN. It is the intent of Developer and the City to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer and the City. a. All construction shall conform to the requirements of the City, and the State of Iowa Building Code, current editions. b. Construction on all Lots shall be diligently pursued and be completed within twelve (12) months of purchase and closing from Developer, or as provided in a development agreement to which the City is a party. In the event construction of a Lot sold by Developer is not completed in one(1) year, Developer may at its option repurchase the Lot at the previous sale price.No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back-filled, graded, and returned, as nearly as possible,to its natural state or to the approved landscape plan for the site. 3 2. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety. It is also the intent of these regulations to reduce adverse effects upon a Lot and adjacent and nearby property,to screen unsightly and undesirable views,and to provide for shade,protection from elements,and the comfort and convenience of Development tenants and visitors. Landscape plans and any irrigation plans shall be submitted to and approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. All landscape beds shall be dressed with mulch chips or landscape stone. 3. SCREENING. All mechanical equipment (on the ground or roof), transformers, trash containers, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and equipment from public view and view from adjacent buildings. 4. SITE GRADING AND DRAINAGE.No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by the City and Developer. Further,no Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. Stormwater shall be collected on-site, detained and provide water quality per City Stormwater Management Requirements, and discharged in accordance with all federal, state,and local permits and/ or requirements. 5. SIGNAGE. All signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture and Lot design, and shall conform to all requirements of applicable City ordinances. 6. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Owner shall permit parking on any public street. b. Sufficient off-street parking should be developed at each Lot. c. No Lot shall have more than two curb cuts. All curb cuts are subject to Developer's approval and City requirements. 7. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area,parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. c. Light standards shall be restricted to a maximum height of 20 feet. Poles should be a neutral color and complement the center. d. Each tenant shall maintain all lights and related posts, bases, and appurtenances in proper operating condition and free of corrosion. e. Parking and driveway lights shall be of a style and color consistent with those used in other North Crossing Additions and harmonize with the 4 architecture of the proposed building on the Lot. f. All site lighting shall be LED with the factory-default color. 8. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible,utility lines shall be located adjacent to streets to minimize disruption of landscaping during installation and maintenance of the lines. a. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. b. All communication junctions shall be contained within utility vaults flush to surface. c. Electric transformers shall not occupy any part of the public right-of-way or the front setback as defined in the City's zoning ordinance at time of installation. 9. SUBDIVISION OF LOTS.No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. 10. SIDEWALKS. The Owner of each Lot will install a 5-foot-wide portland cement concrete sidewalk with a minimum thickness of four inches, except that sidewalk 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) on adjoining Lots where sidewalk exists. Said sidewalk 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. Notwithstanding anything to the contrary, sidewalks shall not be required on the western side of Philip Caldwell Drive. The sidewalk shall be constructed during or immediately after the construction on a Lot,or portions of Lots as previously described, in the Development,but before issuance of an Occupancy Permit from the City. The Owner shall install a sidewalk for any Lots remaining vacant for five (5)years after the date of final approval of the plat, as soon as the construction season permits, unless written application for an extension is made to the City,which approval shall not be unreasonably denied. Construction of handicap access ramps at the intersections shall be the responsibility of the adjacent property Owner, and as required by the City. E. APPROVAL REQUIREMENTS. As set forth herein, all plans, specifications, requests for authority to remodel or alter,or otherwise change the property must be submitted to Developer for approval. City's normal regulatory review and approval processes will be the mechanism for any approvals required by City. No building, sign, landscaping, lighting, or other exterior improvements shall be placed or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of 5 external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Developer's consent shall be presumed for any improvement project on a Lot conveyed by City that is the subject of a written development agreement, except in any instance where the project property has been sold,or is proposed to be sold,by City for less than fair market value to a project developer that previously unsuccessfully negotiated with Developer for purchase of a Developer-owned Lot involving a project with substantially the same use, scope,and features, and in such instance Developer shall have the prerogative to exercise the review and approval rights set forth in this subsection E. Except as stated in this paragraph,improvements or alterations to any Lot shall not be commenced prior to compliance with the following two-part review process. 1. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building,parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations and floor plans. c. Building materials,parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades(with 1' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls.Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. b. Exterior elevations, including areas to be screened. c. Exterior materials,colors,textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems,vegetation,and ground cover. 6 e. Parking area and driveway plan. Driveway locations to be approved by the City. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. m. Clearing plan and tree protection plan,plus measures for environmental protection during construction,including the application for the issuance of any required stormwater discharge permits. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer in hard copy and digital/pdf format in each submission for review. This review is for the purpose of ensuring conformity to Developer approved final design in Section III(E)(2) only. All buildings must be designed by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s), shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to the particular project. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. F. MAINTENANCE. Each Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, of keeping that Lot so owned or occupied, including buildings, improvements,private drive, easements areas, and grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well-maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to,the following: 7 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well-groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as require(to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. NORTH CROSSING OWNER'S ASSOCIATION. Each person or entity who is record owner of a fee or undivided fee interest in any Lot in North Crossing First Addition,North Crossing Second Addition,North Crossing Third Addition, and North Crossing Fourth Addition shall be a member of the Owners Association to be known as North Crossing Owners' Association. This shall not be construed to include persons or entities who hold an interest merely as security for the performance of an obligation. There shall be one vote per lot and each Lot owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot; ownership of such lot shall be the sole qualification of membership. Developer reserves the right to add additional real estate to be a part of the Association. Any and all drainage easements will be required to follow the "Stormwater Management Plan" and no building structures, fence structures, landscaping structures,private gardens or any other possible obstruction can be built in and over said drainage easements. 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 conveyance of overland storm water runoff as intended per"Stormwater Management Plan"on record with the City of Waterloo Engineer's Office. The purpose of North Crossing Owners' Association shall be to own and maintain the common area and green spaces of the development, including but not limited to Tracts "A" and 8 "C"in North Crossing Third Addition and surrounding access(whether located in said subdivision or serving said subdivision but located outside thereof) and such other activities set forth in the Articles of Incorporation and Bylaws of the Association. Such ownership and maintenance shall include,but not limited to,maintenance of the retention pond(s)' water retention/detention area(s) including water quality issues set forth by the City of Waterloo. Initially, the Developer shall perform the actual construction duties to establish the pond and surrounding access area. The annual dues for the Association shall initially be set at $100.00 per Lot per year beginning March 1, 2024. The Developer and the City shall be exempt from any dues expense. The Association shall have the ability and authority to adjust annual dues as it deems appropriate to carry out the maintenance duties as described above. H. INCENTIVE PAYMENTS. Developer shall be solely entitled to any government incentives, rebates, or other funds(collectively"Incentives")negotiated and received for Development, and Owners shall not have any claim to the same or right to reduction in payment, including any payment of real estate taxes, based upon the same. Owners shall cooperate with Developer, including but not limited to assigning any rights to Incentives to Developer. I. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. J. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. K. VARIANCES. Developer may grant Owner a variance from any of these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions is maintained, provided that Developer may not grant a variance from the use restrictions set forth in Section III(C)(1)and(2).Any variance granted from the provisions of these Covenants,Conditions,and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. L. MODIFICATION. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in Development shall be taken and held to have agreed and covenanted with the undersigned,and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time, but shall be permanent. 9 M. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof. 3. GOVERNING LAW; JURY TRIAL WAIVER. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument AND FURTHER WAIVES ANY RIGHT TO TRIAL BY JURY. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. 4. RUNNING WITH THE LAND. All the covenants, agreements, conditions, and restrictions set forth in this Agreement are intended to be construed as covenants running with the land and shall be binding upon and inure to the benefit of the heirs, assigns, and successors of the parties. 5. NOTICES. Each notice, demand, or other document or instrument required or permitted to be served upon any of the parties hereto shall be in writing and shall be deemed to have been duly served when delivered personally or by recognized overnight courier service with receipt,or the third(3rd)day after being mailed by certified United States mail, postage prepaid, return receipt requested, addressed to the respective party at the address for said Owner designated on the Black Hawk County Assessors' web site, unless a party notifies the others, in writing, of a different address. to IN WITNESS WHEREOF, the undersigned Developer and City have hereunto set their hand as of the day and year first above written. Nort ssing, LLC ' ' -, BRENDA ANN ENGEL I° ,- = COMMISSION 801293 +' '`'-"'-Ti * MY CO IS EXPIRES B : enjami . Stroh Its: Manager STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on this 0'7 day of f ke , 2024, by Benjamin B. Stroh, as Manager of North Crossing, L C. ril7-12— Notary Public City of Waterloo, Iowa By: Quentin J. Hart Its: Mayor ATTEST: By: /4/4Kelley e lchle, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on the 1 day of Rare A-.. , 2024, by Quentin J. Hart as Mayor, and Kelley Felchle as City Clerk, of the City of Waterloo, Iowa. AL � ' s� BIITNI C PERKINS Z COMMISSION NO.845529 N Public * * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 11 . . • • • • • _ _ • , • 1 "1* . -