HomeMy WebLinkAboutMyhr, Dick & Elizabeth Restrictive Covenant (RECORDED) 2025-18009
12/08;20 01:a2:3s PM
RECORDING FEE:$12.00
REVENUE TAX:$
COMBINED FEE:$12.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
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RESTRICTIVE COVENANT
WHEREAS, Dirk G. Myhr and Elizabeth A. Myhr, husband and wife, hereinafter referred to as
"We,"are the owners of certain real estate as described as:
Lot 4 of the Re-Plat of LLJ Addition in the City of Hudson, Black Hawk
County,Iowa.
("Lot 4")
AND
Parcel "D"of Plat of Survey Doc. # 2024-14314 of part of the SW 1/4 of
Section 12, Township 88 North, Range 14 West of the 5th P.M., Black
Hawk County,Iowa.
("Parcel D")
WHEREAS, Lot 4 and Parcel D are adjoining properties, and We have common ownership over
each property.
WHEREAS, We desire to erect or construct a proper and lawful accessory building, as defined
and governed by the City of Waterloo Zoning Ordinance, on Parcel D.
WHEREAS, We are permitted to erect or construct such an accessory building on Parcel D and,
in connection therewith, We herein declare and impose, for the benefit of ourselves, and any and all
successors,heirs,assigns,the following restrictions,covenants,and conditions on Lot 4 and Parcel D,which
shall run with the land and be binding on any and all successors,heirs, and assigns:
1. Any accessory building situated on Parcel D shall be permitted only if Lot 4 and Parcel D have
common ownership, such as We do at the time of executing this Restrictive Covenant, except that an
accessory building shall be permitted to be maintained in the event that there is no common ownership as
between Parcel D and Lot 4 so long as the transferee of Parcel D develops or erects a lawful and proper
principal permitted use, as defined in the City of Waterloo Zoning Ordinance,on Parcel D.
2. In the event that the common ownership of Lot 4 and Parcel D is severed or destroyed, such
as, but not necessarily limited to, in the event that Parcel D is separately transferred to a person or entity
that does not also own Lot 4,then any accessory building shall be demolished or removed from Parcel D,
except as permitted in Section 1.
3. For clarification, the restrictions, covenants, and conditions imposed herein shall be
inapplicable so long as there is common ownership of Lot 4 and Parcel D, such as, but not necessarily
limited to, in the event that Lot 4 and Parcel D are transferred together to the same person or entity such
that common ownership is retained.
4. These restrictions, covenants, and conditions are imposed in order to comply with the
requirements of the Zoning Ordinance of the City of Waterloo.
5. In all other respects, all activities or uses of Lot 4 and Parcel D must comply with or conform
to the Zoning Ordinance of the City of Waterloo.
6. That We divest ourselves of any authority to amend, modify, terminate, or release any
restriction,covenant,or condition contained herein,and no successor,heir,or assign shall have the authority
to amend, modify, terminate, or release the same, except upon the express written approval or consent of
the City of Waterloo or the Director of Community Planning and Development of the City of Waterloo.
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Dir G.Myhr,Owner 11
Eliza h A.Myhr,Owne
STATE OF IOWA }
COUNTY OF BLACK HAWK }
This document was acknowledged before by Dirk G.Myhr and Elizabeth A. Myhr,husband and
wife, on this / day of-De ce rr"1 Je r ,2025.
Not ublic
,ok'Ac SF IHET,910RRE'SP RA
Commission No.7:2206
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