The documents as they appear on these pages were produced through a process of scanning and conversion. It is not unusual for this process to include errors. As time permits, these pages will be proofed for such errors. For now, please understand that the Board provides copies of these documents here as a service. For any official use, please consult an original copy.
KNOW ALL MEN BY THESE PRESENTS:
That TriStar, Inc., an Iowa corporation, with its principal office in Cedar Falls, Iowa, and Sam Runyan Construction, Inc., an Iowa corporation, with its principal office in Cedar Falls, Iowa, and Ray Waschkat Plumbing, Inc., an Iowa corporation, with its principal office in Waterloo, Iowa, being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Dennis R. Prange, a licensed professional engineer and land surveyor, dated the 14th day of May, 2002, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Cedar Falls, Iowa, the same to be known as:
all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat.
The undersigned do hereby grant and convey to the City of Cedar Falls, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sower, storm sewer, drain tile, surface drainage, 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 the property as shown on the attached plat.
Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the residential lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of tinie and in all particulars hereinafter stated, to-wit:
I.A. Any dwelling that shall be erected on any lot shall have a minimum setback from the front of the lot line of 25 feet and a maximum setback from the front of the lot line of 35 feet as indicated on the plat. No building shall be erected nearer to an interior sideline than 10% of the lot width.
B. Sam Runyan Construction, Inc. and Ray Waschkat Plumbing, Inc. hereby agree that Lot Nos. Sixteen (16) through Twenty (20) and Lot Nos. Twenty-three (23) through Thirty-two (32), or any portion thereof, owned by these corporations shall be developed in accordance with and subject to R-3 Zoning rules, regulations and restrictions and do hereby forego R-P Zoning previously approved by City Council Resolution.
2. Although lots in said Addition may be split or divided in any fashion to provide for more lot area when added to an adjoining lot, no dwelling shall be built or maintained on any partial lot unless said partial lot is combined with an adjoining lot or partial lot so that the resulting lot has no less frontage than the smaller of the next regular platted lot on either side.
3. No buildings or structure not attached to the original structure shall be constructed upon any lot or combination of lots in this subdivision, with the exception of a gazebo which has been approved in accordance with Paragraph 22 hereof.
4. No trailer, basement, tent, shack, garage or barn erected in said Addition shall at any time be used as a residence, temporarily or pennanently, nor shall any residence of a temporary character be permitted on any lot in said Addition.
5. No single family dwelling shall be constructed, permitted or occupied on any lot herein having square footage floor space, designed, intended and constructed for living quarters, which space shall not include cellars, attics, garages, breeze ways, porches, stoops, and other such non- living areas, of less than the following requirements:
A. 1,040 square feet for single story or split-level houses.
B. 800 square feet on the first floor level for any house of more than one story and total minimum square footge must be at least 1,200.
6. No two-family residence shall be permitted on any lot, except Lot Nos. One (1) through Ten (10), Lot Nos. Sixteen (16) through Thirty-three (33) and Lot Nos. Forty-six (46) through Forty- eight (48).
7. Each single-family residence shall have a minimum of a two-car attached garage with a minimum of 484 square feet.
8. The owner of each lot, vacant or improved, shall keep his lot or lots free of weeds and debris.
9. No obnoxious or offensive trade or activity shall be carried on upon any tot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
10. All approaches and driveways in said Addition shall be paved with concrete.
11. No dwelling on any lot in said Addition shall be occupied until the exterior is completed and finished and the interior substantially completed and finished.
12. No old or used buildings shall be moved upon any of the lots in said Addition for any purpose.
13. All electrical distribution lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature shall be installed underground on all lots in said Addition.
14. No satellite TV antenna or "dish" larger than 24" may be maintained, constructed or erected on any lot.
15. No trailer of any kind, whether camping, boat, house, utility or otherwise, shall be parked on any street in said Addition. Any such vehicle must be stored inside the garage.
16. No bus, semi-tractor, trailer or truck of any kind, except what is commonly described as a "pickup truck", shall be kept or parked on any lot or street in said Addition; provided, however, that this prohibition shall not apply to such vehicles driven in said Addition in pursuit of and in conducting their usual business.
17. No shrubs or trees shall be planted so as to infringe upon adjoining property lines based n maximum expected growth and shall be maintained so as not to infringe.
18. Any footing drain tiles or sump pump systems installed in conjunction with the construction of a residence shall be expelled into the rear and/or side yard(s) and shall not be expelled into any sanitaiy sewer system or onto the street.
19. Each person or entity who is a record owner of a fee or undivided fee interest in any lot shall be a member of the Homeowners Asociation to be known as Meadows Homeowners 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 Homeowners Association. Membership shall be appurtenant to and may not be separated from ownership of any lot; ownership of such lot shall be the sole quajification of membership.
The purpose of Meadows Homeowners Association shall be to own and maintain the common areas and green spaces of the development, including but not limited to Tract E, the entrance parcel and signage to be developed, and a pond and surrounding access created out of part of Tract B, and such other activities as set forth in the Articles of Incorporation and Bylaws of the Association. Such ownership and maintenance shall include, but not be limited to, mowing, watering, including upkeep of any underground sprinkler system, snow removal of common areas, maintenance of the park a(s) and maintenance of the pond and water retention/detention area(s). Initially, the developer,
Inc., shall perform the actual construction duties to establish the common
areas, green spaces, entrance and pond and surrounding access area.
20. No building or structure shall be erected, placed or altered on any lot in this subdivision until the building plans, and plot plan, showing all buildings, patios, and pools, and showing the location thereof, and side yard distances, real yard distances, front yard distances, driveways, and walkways, and type of construction have been approved in writing as to conformity and harmony of external design and quality workmanship and materials with existing structures in the subdivision by two representatives of Tn-Star, Inc.
21. All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owner of the legal or equitable title to any lot in said subdivision. Invalidation of any one or more of the within restrictions by judgment or decree of court shall not be regarded as affecting the validity of any of the other provisions hereof, nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat.
22. The undersigned and all persons and corporations hereafler requiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one (21) years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (21) years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2001 Code of Iowa) or their successor provisions, these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty-dne (21) years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2001 Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of twenty-one (21) years or successive 2 1-year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one (21) years.
23. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawfiul for any other person or persons owning property in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and for the purpose of preventing such acts or to recover damages for such violation, or both, and for costs and reasonable attorney's fees as determined by the Court and not the statute.
24. Invalidation of any of these covenants by judgment, decree or court order shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force md effect
25. All buildings erected on any lot in said Addition shall be constructed in accordance with the Building, Plumbing and Electrical Codes of the City of Cedar Falls, Iowa
26. The developer, Tri-Star, Inc., agrees:
A. That the streets shown on the attached plat as Tract A will be brought to City grade and that the streets will be thirty-one (31) feet or twenty-seven (27) feet, back of curb to back of curb, with approved hard surface pavement in accordance with City of Cedar Falls, Standard Specifications. Any 27-foot street in Tract A shall have parking only on one side of the street.
B. That sanitary sewer, together with the necessaiy manholes and sewer service lines to all lots in the plat, will be provided.
C. That underground utilities, as required by the Subdivision Ordinance of the City of Cedar Falls, Iowa, shall be installed.
D. That the city water will be provided to all lots as required by the Cedar Falls Municipal utilities.
E. That municipal fire hydrants will be provided as required by the Cedar Falls Public Safety Department.
F. That storm sewer will be provided as specified by the City Engineer.
G. That handicap ramps will be provided as required by law.
H. That a four (4) foot wide concrete sidewalk four (4) inches thick and a concrete surface or hard surface entrance will be installed during or immediately aftcr the construction of the residence on any particular lot, or within five (5) years after the date the plat is filed in the office of the Recorder of Black Hawk County, whichever is sooner and that the sidewalk be across the full width of the lot and on corner lots also, across the parking and full length of the lot. In the event that the City is required to construct the sidewalk as permitted by subparagraph 3, a lien or liens may only be imposed against the lot or lots which require city construction and no others in the subdivision.
I. That the work improvements called for herein shall be in accordance with the specifications of the City of Cedar Falls, Iowa, and performed under the supervision of the City Engineer. In the event that the developer, Tn-Star, Inc., its grantees and assigns fail to complete said work and improvements called for herein within one (1) year from the date of the acceptance of said final plat by the City of Cedar Falls, Iowa, the City may then make the improvements and assess the costs of the same to the respective lots. The undersigned, for themselves, their successors, grantees and assigns, waive all statutory requirements of notice of time and place of hearing and agree that the City may install said improvements and assess the total costs thereof against the respective lots.
J. That the City may perform said work, levy the cost thereof as assessments, and the undersigned agree that said assessments so levied shall be a lien on the respective lots with the same force and effect as though all legal provisions pertaining to the levy of such special assessments have been observed, and further authorize the City Clerk to certify such assessments to the County Auditor as assessments to be paid in installments as provided by law.
A.Tract E and a part of Tract B arc proposed as possible storm water detention areas.
B. This plat is in compliance with and the uses permitted hereunder shall be in accordance with the Zoning Agreement between the developer, Tn-S tar, Inc., and the City of Cedar Falls, Iowa, dated October 9, 2000, approved byResolution No. 12,507 adopted October 9, 2000, by the City of Cedar Falls, Iowa. Further, the development of Tracts C, D, and a part of Tract B shall be in full compliance with said Zoning Agreement dated October 9, 2000, approved by Resolution No. 12,507 of the City of Cedar Falls, Iowa. Specifically, the final plat encompasses 40.47 acres of which 27.05 acres falls into the subparagraph B Residential Density category 3 of said Zoning Agreement and Tracts C and D and the south four (4) acres of Tract B are reserved for development in accordance with said Zoning Agreement in subparagraph B Residential Density categories I and/or 2, in the amount of 4.17 acres for Tract C, 5.25 acres for Tract D and 4 acres for Tract B. Upon the development of Tracts C and 1) and the south four (4) acres of Tract B, further specifications shall be made as to how many acres of said tract falls into category 1,2 or 3 of subparagraph B entitled "Residential Density" of said Zoning Agreement.