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HomeMy WebLinkAboutAustin's Plat - Deed of Dedication -8/4/2025 DEED OF DEDICATION 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 Michael R. Fagle, a licensed land surveyor, dated May 20, 2025, 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 Austin's Plat, Waterloo, Black Hawk County, Iowa (the"Property"), all of which is with the free consent and desire of the undersigned. 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 Restriction. 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. Owner does hereby dedicate and convey to the City of Waterloo, Iowa, its successors and assigns, perpetual easements for Storm Sewer and Sanitary Sewer as shown on the plat attached hereto, including but not limited to the right to construct, maintain and operate any facilities or improvements relating thereto. 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 light manufacturing, warehouse, office facilities, technological or business operation, assembly facility, laboratory and research. 2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feel and fuel yard, slaughterhouses, 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. 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 not be allowed, unless it is totally screened. Outside storage is allowed where approved through the site plan review process, and may be gravel. 5. Landscape. The entire area that is not covered with buildings and pavement 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 be closer than ten feet from the street's right-of-way, and the area between the fence and the right- of-way 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. 8. Sidewalk. A 5-foot-wide Portland Cement concrete sidewalk and a hard surfaced driveway approach shall be installed during or immediately after the construction of any improvement on a lot in the Subdivision, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5) years of the transfer of said lot from the Developer to a purchaser, whichever is earlier. 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 of Waterloo, Iowa. Construction of handicap access ramps at the intersections shall be the responsibility of the developer or adjacent property owner. Sidewalk will be required along the entire frontage of University Avenue. Starting at the existing sidewalk at the cul-de-sac of Black Hawk Street and continuing along University Avenue to the sidewalk on the bridge over Black Hawk Creek. ARTICLE IV ORGANIZATION AND APPROVAL 2 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 , 20 25 .NPR b� CITY OF WATERLOO, IOWA By: CAAVA„,cl&V Quentin M. Hart, Mayor Attest: elley Felc , City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY) Acknowledged before me on , by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively,çYJJ7)/Ør the City of Waterloo, Iowa. 10ACS BRITNI C PERKINS COMMISSION NO.845529 iowA * MY JANUARY 27 2026RES 4��' : "�'ublic 3