Environmental Covenant for IDOT Parcel at 1000 E. 12th Street Copyrighted
September 3, 2019
City of Dubuque Consent Items # 21.
ITEM TITLE: Environmental Covenantfor lowa Departmentof
Transportation Parcel at 1000 E. 12th Street
SUMMARY: City Manager recommending approval of an Environmental
Covenant for the lowa Department of Transportation owned
parcel at 1000 E. 12th Street, between and among the
lowa DOT, MidAmerican Energyand the United States
Environmental Protection Agency, to which the City of
Dubuque is a listed interested party.
RESOLUTION Approving an Environmental Covenantfor
the property at 1000 E. 12th Street in Dubuque, Dubuque
County, lowa owned by the lowa Department of
Transportation
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
I DOT Environmental Co�nant for 1000 E. 12th Street- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Environmental Covenant Supporting Documentation
ExhibitA Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Environmental Covenant — lowa Department of Transportation
Parcel at 1000 E. 12t" Street
DATE: August 29, 2019
Project Manager Steve Sampson Brown recommends City Council approval of an
Environmental Covenant for the lowa Department of Transportation owned parcel at
1000 E. 12t" Street, between and among the lowa DOT, Mid American Energy and the
United States Environmental Protection Agency, to which the City of Dubuque is a listed
interested party.
While the City of Dubuque has no title to the land north of 11 th Street, lowa Code
306.3(6) defines a "Primary Road" as a road or street that runs both inside and outside
the boundaries of a municipality. lowa Code 306.4(4)(a) gives jurisdiction over
"municipal extensions of primary roads" located in a municipality to the City and the
lowa Department of Transportation to exercise concurrently. The practical effect of this
concurrent jurisdiction is to give the City some control over the design of primary roads
when they run through the City's boundaries. It is because of this concurrent jurisdiction
that the EPA is requesting the City approve the environmental covenant, essentially
signifying the City's agreement that any future maintenance, repair, or reconstruction of
the primary road that runs along the subject property will be subject to the restrictions of
the covenant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
John Klostermann, Public Works Director
Steve Sampson Brown, Project Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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TO: Michael C. Van Milligen - City Manager
FROM: Steve Sampson Brown - Project Manager
SUBJECT: Environmental Covenant— lowa Department of Transportation
Parcel at 1000 E. 12t" Street
DATE: August 28, 2019
INTRODUCTION
The purpose of this memo is to request adoption of a City Council resolution approving
an Environmental Covenant for the lowa Department of Transportation (IDOT) owned
parcel at 1000 E. 12t" Street, between and among IDOT, Mid American Energy and the
United States Environmental Protection Agency to which the City of Dubuque is a listed
interested party.
BACKGROUND
On April 19, 1989, the Environmental Protection Agency (EPA) pursuant to its authority
under the Comprehensive Environmental Response, Compensation and Liability Act of
1980, issued an Administrative Order on Consent to address environmental
contamination at a site referred to as the Dubuque Peoples Natural Gas Site (Site),
located on part of the property now known as the JOTC. The parcel owned by IDOT,
located on the north side of 11th Street, is also considered a regulated site that is part of
the Administrative Order. Pursuant to the Order, IDOT placed institutional controls by
ordinance on certain parts of the JOTC property impacted by the contamination.
On April 9, 1989, EPA, pursuant to its authority under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42
U.S.C. §§ 9601 — 9675, issued an Administrative Order on Consent to address
environmental contamination at a site known as the Dubuque Peoples Natural Gas Site
("Site"). Subsequently, on September 16, 1991, EPA issued a Record of Decision
requiring implementation of a remedy for the site (the "Environmental Response
Project"). On September 25, 2013, EPA issued an Amendment to the Record of
Decision, which amended the remedy for the site to include, in part, placement of this
covenant on the site because certain soil and groundwater contamination remains on
the property. The administrative record for the Environmental Response Project is on
Page 1 of 4
file at EPA's Region 7 offices located at 11201 Renner Boulevard, Lenexa, Kansas
66219.
DISCUSSION
While the City of Dubuque has no title to the land north of 11t" Street, lowa Code
306.3(6) defines a "Primary Road" as a road or street that runs both inside and outside
the boundaries of a municipality. lowa Code 306.4(4)(a) gives jurisdiction over
"municipal extensions of primary roads" located in a municipality to the City and the
lowa Department of Transportation to exercise concurrently. The practical effect of this
concurrent jurisdiction is to give the City some control over the design of primary roads
when they run through the City's boundaries. It is because of this concurrent jurisdiction
that EPA is requesting the City approve the environmental covenant, essentially
signifying the City's agreement that any future maintenance, repair, or reconstruction of
the primary road that runs along the subject property will be subject to the restrictions of
the covenant.
Following the completion of the Environmental Response Project, contamination will
remain at the IDOT property which may present an unreasonable risk to public health
and the environment if certain activities occur on the property. As such, the EPA has
determinec� that a covenant is nece�s�ry to manage �he risk of future exposure by
limiting specified activities at the property and establishing affirmative obligations.
Pursuant to attached Environmental Covenant, the City of Dubuque, as an interested
party, would be agreeing to the activity and use limitations and terms in the
Environmental Covenant as required by EPA, including the following:
A. Owners of the Property must notify all occupants or tenants of this property,
and any subsequent transferee of an interest in the Property, of these Activity
and Use Limitations and must condition all occupancy and tenancy of the
Property with compliance with these Activity and Use Limitations. The Holder
identified herein has executed this Covenant and is bound by such Activity and
Use Limitations without further notice. Failure by any tenant or occupant to
comply with these Activity and Use Limitations does not excuse compliance by
the then existing owner with these Activity and Use Limitations.
B. The Property must not be used for any purpose other than commercial,
industrial, or any and all highway or transportation purposes and matters
relating thereto.
C. The Property must not be used for residential use or use where children may
be present for extended periods of time, including school or day care.
D. Except for monitoring wells authorized by EPA or IDNR, installation and/or use
of wells for any purpose whatsoever, including but not limited to potable and
non-potable water supply, for human or animal consumption, irrigation, heat
pumps, or sanitation, is prohibited.
Page 2 of 4
E. Existing monitoring wells located on the Property must not be abandoned or
closed without the approval of EPA or IDNR.
F. Any new construction of enclosed buildings at the Property must prevent, or
include remedial systems, to control and/or abate vapor intrusion of
Contaminants of Concern into any such new construction at the Property, if
necessary for compliance with published standards for protectiveness of
human health and the environment. Such systems must be properly operated
and maintained. Contaminants of Concern at the Property include polynuclear
aromatic hydrocarbons (PAHs), including naphthalene, benzene,
ethylbenzene, toluene, and xylene (BETX).
G. Any person undertaking excavation of construction activities that may disturb
soil at the Property more than six (6) feet below the surface grade must
provide no less than thirty (30) days' advance written notice thereof to EPA.
Such excavation or construction must not proceed without prior written
approval by the Agency, unless the excavation or construction is part of an
Environmental Response Project that has been approved by the Agency.
Such notice and approval is not required for emergency circumstances, in
which case notice must be given as soon as possible.
H. If at the time of their ownership, tenancy, or occupancy, an owner, tenant, or
occupant observes or is given notice that some other party, including without
limitation a utility easement holder, is, without EPA approval, undertaking
either emergency or non-emergency excavation or construction activities more
than six (6) feet below the surface grade, said owner, tenant, or occupant must
(i) promptly provide a copy of these Activity and Use Limitations to such other
party engaged in such activities; (ii) promptly notify such other party that all
appropriate and necessary assessments and precautions should be taken
prior to such activities, including without limitation employee protection and
hazardous substance management; (iii) promptly notify EPA of the other
party's activity or planned activity and contact information for such other party;
and (iv) promptly notify such other party that the materials generated at or from
the excavation or construction activities must be properly managed as may be
required by law, making all appropriate and necessary assessment prior to
such management.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the
Environmental Covenant for the IDOT 11t" Street property.
Page 3 of 4
BUDGET
There is no cost to the City associated with the recommended action.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution approving the
Environmental Covenant for the IDOT 11th Street property.
cc: Barry Lindahl — Senior Counsel
Gus Psihoyos - City Engineer
Nate Kieffer— City Surveyor
Dave Lyons — Greater Dubuque Development
F:\PROJECTS\Bee Branch-Bike Trails\Bee Branch Creek Trail-Phase 3-9th to 11th\City Council Documentation\IDOT
Environmental Covenant-Staff Memo.docx
Page 4 of 4
Kevin Firnstahl
From:Conner Wasson <cwasson@Ahlerslaw.com>
Sent:Monday, November 04, 2019 1:47 PM
To:Kevin Firnstahl; Barry Lindahl; Steve Sampson Brown
Subject:FW: Dubuque Environmental Covenant
Attachments:Environmental Covenant.pdf
Attached for your records, please find a recorded copy of the environmental covenant placed on IDOT property adjacent
to the Peoples Natural Gas site owned by the City. Just let me know if you have any questions.
Conner L. Wasson
Ahlers & Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: (515) 246-0341 | Fax: (515) 243-2149
VCard | Email | Bio | Firm Website |
From: Skinner, Rick <Rick.Skinner@iowadot.us>
Sent: Monday, November 4, 2019 12:53 PM
To: molly.widen@sos.iowa.gov; Gorham, David S. \[DOT\] <David.Gorham@iowadot.us>; Chiccine.Catherine@epa.gov;
Engeman.Diana@epa.gov; JLCoughlin@midamerican.com; Conner Wasson <cwasson@Ahlerslaw.com>; Dave Lyons
<DaveL@greaterdubuque.org>
Cc: Nicholson, Tamara <Tamara.Nicholson@iowadot.us>; Azeltine, Brad <Brad.Azeltine@iowadot.us>; Brink, Kenneth
<KENNETH.BRINK@iowadot.us>; Jackson, Mike <Mike.Jackson@iowadot.us>; Howell, Cynthia
<Cynthia.Howell@iowadot.us>; Guckert, Joseph <Joseph.Guckert@iowadot.us>; Skinner, Rick
<Rick.Skinner@iowadot.us>
Subject: FW: Dubuque Environmental Covenant
\[External Email\] Only click on trusted links.
Attached, please find the recorded Dubuque Environmental Covenant. Please distribute as needed.
RICK W. SKINNER
PROPERTY MANAGEMENT/ LOCAL PUBLIC AGENCY PRODUCTION COORDINATOR
RIGHT OF WAY BUREAU
iowadot.gov Iowa Department of Transportation
Office: 515-239-1749 @iowadot
Cell: 515-290-3196 or rick.skinner@iowadot.us
AHLERS & COONEY P.C. CONFIDENTIALITY NOTICE: This email, and any attachments hereto, contains information which
may be CONFIDENTIAL and/or ATTORNEY CLIENT PRIVILEGED. The information is intended to be for the use of the
individual or entity named above. If you are not the intended recipient, please note that any unauthorized disclosure,
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copying, distribution or use of the information is prohibited. If you have received this electronic transmission in error,
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Number: 201900013313
Recorded: 10/29/2019 at 3:24:56.0 PM
County Recording Fee: $82.00
Iowa E -Filing Fee: $3.00
Combined Fee: $85.00
Revenue Tax:
JOHN MURPHY RECORDER
Dubuque County, Iowa
(ABOVE SPACE RESERVED FOR RECORDER'S USE)
Document Title:
Return Document to:
Preparer Information:
Taxpayer Information:
Grantor:
Grantee/Holder:
Legal Description:
Environmental Covenant
Rkc-k Ski vtmer
Iowa Department of Transportation, Office of Right
of Way, 800 Lincoln Way, Ames, IA 50010
David S. Gorham, Assistant Attorney General, 800 Lincoln Way,
Ames, IA 50010, 515-239-1711
N/A
State of Iowa
MidAmerican Energy Company
See Exhibit A
Document or Instrument Number of Previously Recorded Documents: none
Environmental Covenant
Page 1 of 10
ENVIRONMENTAL COVENANT
This Environmental Covenant ("Covenant") is entered into by and between the Iowa Department
of Transportation, as "Grantor," MidAmerican Energy Company as "Holder," and the United
States Environmental Protection Agency ("EPA") as "Agency," pursuant to Iowa's Uniform
Environmental Covenants Act ("Act"), Iowa Code sections 4551.1 — 455I.12. Grantor and Holder
enter into this Covenant for the purpose of subjecting the property described below to certain
activity and use limitations in accordance with the terms and conditions specified herein.
1. Affected Property. Grantor is the fee title owner of the real property legally described in
Exhibit A hereto, located in Dubuque, Dubuque County, Iowa (the "Property").
2. Risk Management and Institutional Controls. On April 9, 1989, EPA, pursuant to its
authority under the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 ("CERCLA"), 42 U.S.C. §§ 9601— 9675, issued an Administrative Order on Consent to
address environmental contamination at a site known as the Dubuque Peoples Natural Gas Site
("Site"). Subsequently, on September 16, 1991, EPA issued a Record of Decision requiring
implementation of a remedy for the Site (the "Environmental Response Project"). On September
25, 2013, EPA issued an Amendment to the Record of Decision, which amended the remedy for
the Site to include, in part, placement of this Covenant on the Site because certain soil and
groundwater contamination remains on the Property. The administrative record for the
Environmental Response Project is on file at EPA's Region 7 offices located at 11201 Renner
Boulevard, Lenexa, Kansas 66219.
Following the completion of this Environmental Response Project contamination will remain at
the Property which may present an unreasonable risk to public health and the environment if
certain activities occur on the Property. As such, the Agency has determined that a Covenant is
necessary to manage the risk of future exposure by limiting specified activities at the Property
and establishing affirmative obligations.
3. Reopening. The signatories acknowledge that the failure of the activity and use limitations
imposed on the Property hereby to serve their intended purpose, including the prevention of
exposure to contamination, could result the Agency reopening its review and regulation of the
contaminant condition on the Property.
4. Identity of Grantor(s) and Holder(s).
GRANTOR: The State of Iowa
HOLDER: MidAmerican Energy Company, an Iowa Corporation, conducting
Environmental Response Projects on the Property
AGENCY: United States Environmental Protection Agency, an agency of the
United States
THIRD PARTY
Environmental Covenant
Page 2 of 10
BENEFICIARIES:
The Iowa Department of Natural Resources ("IDNR"), is an
agency of the State of Iowa, although not an Agency hereunder.
The City of Dubuque, Iowa, is an Iowa Municipal Corporation,
vested, concurrently with the Iowa Department of Transportation,
an agency of the State of Iowa, with jurisdiction and control of the
municipal extension of the primary highway under Iowa Code
section 306.4(4).
5. Representations and Warranties. Grantor warrants to the other signatories to this Covenant
that:
a. Grantor is the sole fee title owner of the Property,
b. Grantor holds sufficient fee title to the Property to grant the rights and interests described
in this Covenant, and
c. Grantor has identified all other persons holding legal or equitable interests to the
Property, including without limitation contract buyers, mortgagees, and other consensual
holders and lessees, and they are:
i. Under Iowa Code section 306.4(4), jurisdiction and control of the municipal
extension of the primary highway is vested concurrently in the Iowa Department
of Transportation and the City of Dubuque, Iowa. The City of Dubuque, Iowa,
therefore joins in the execution of this Covenant.
6. Running with the Land. This Covenant is perpetual and runs with the Property, as provided
in section 455I.9 of the Act, until modified or terminated. This Covenant is binding on Grantor
and all successors in interest, assigns, and transferees acquiring or owning any right, title, lien or
interest in the Property and their heirs, successors, assigns, grantees, executors, administrators
and devisees. The term "transferee," as used in this Covenant, shall mean any future owner of
any interest in the Property or any portion thereof, including, but not limited to, owners of an
interest in fee simple, contract buyers, mortgagees, easement holders, and/or lessees.
7. Activity and Use Limitations and Terms. The Property is hereby subjected to the following
activity and use limitations:
a. Owners of the Property must notify all occupants or tenants of this property, and any
subsequent transferee of an interest in the Property, of these Activity and Use Limitations
and must condition all occupancy and tenancy of the Property with compliance with these
Activity and Use Limitations. The Holder identified herein has executed this Covenant
and is bound by such Activity and Use Limitations without further notice. Failure by any
tenant or occupant to comply with these Activity and Use Limitations does not excuse
compliance by the then existing owner with these Activity and Use Limitations.
b. The Property must not be used for any purpose other than commercial, industrial, or any
and all highway or transportation purposes and matters relating thereto.
c. The Property must not be used for residential use or use where children may be present
for extended periods of time, including school or day care.
Environmental Covenant
Page 3 of 10
d. Except for monitoring wells authorized by EPA or IDNR, installation and/or use of wells
for any purpose whatsoever, including but not limited to potable and non -potable water
supply, for human or animal consumption, irrigation, heat pumps, or sanitation, is
prohibited.
e. Existing monitoring wells located on the Property must not be abandoned or closed
without the approval of EPA or IDNR.
f. Any new construction of enclosed buildings at the Property must prevent, or include
remedial systems, to control and/or abate vapor intrusion of Contaminants of Concern
into any such new construction at the Property, if necessary for compliance with
published standards for protectiveness of human health and the environment. Such
systems must be properly operated and maintained. Contaminants of Concern at the
Property include polynuclear aromatic hydrocarbons (PAHs), including naphthalene,
benzene, ethylbenzene, toluene, and xylene (BETX).
Any person undertaking excavation of construction activities that may disturb soil at the
Property more than six (6) feet below the surface grade must provide no less than thirty
(30) days' advance written notice thereof to EPA. Such excavation or construction must
not proceed without prior written approval by the Agency, unless the excavation or
construction is part of an Environmental Response Project that has been approved by the
Agency. Such notice and approval is not required for emergency circumstances, in which
case notice must be given as soon as possible.
h. If at the time of their ownership, tenancy, or occupancy, an owner, tenant, or occupant
observes or is given notice that some other party, including without limitation a utility
easement holder, is, without EPA approval, undertaking either emergency or non-
emergency excavation or construction activities more than six (6) feet below the surface
grade, said owner, tenant, or occupant must (i) promptly provide a copy of these Activity
and Use Limitations to such other party engaged in such activities; (ii) promptly notify
such other party that all appropriate and necessary assessments and precautions should be
taken prior to such activities, including without limitation employee protection and
hazardous substance management; (iii) promptly notify EPA of the other party's activity
or planned activity and contact information for such other party; and (iv) promptly notify
such other party that the materials generated at or from the excavation or construction
activities must be properly managed as may be required by law, making all appropriate
and necessary assessment prior to such management.
g.
8. Notice of Non -Compliance.
a. Any owner, tenant or occupant, or subsequent transferee of an interest in the
Property must notify the Agency as soon as possible of any conditions which may constitute a
breach of the Activity and Use Limitations set forth in paragraph 7 above if they have actual
knowledge of these conditions or would reasonably be deemed to have knowledge within the
normal course of administration of their interest in the Property.
Environmental Covenant
Page 4 of 10
9. Notice to Lessees. Grantor, any holder with a property interest sufficient to grant a lease of
the Property, and any subsequent transferee must incorporate the Activity and Use Limitations of
this Covenant either in full or by reference, in any lease, license, or other instrument granting a
right to possession of the Property.
10. Access to Property. Reasonable access to the Property, with prior reasonable notice to the
owner, occupant or tenant, is granted to EPA and to IDNR and their respectively authorized
agents, contractors, and employees to conduct environmental activities at the Property, to
ascertain or ensure that the Environmental Response Project taken at the Property is or has been
implemented and remains effective and protective of human health or welfare or the
environment, and to determine compliance with the terms of this Covenant. Access may include:
(i) groundwater, soil, and air sampling; (ii) construction of soil boring and/or groundwater
monitoring wells; (iii) repair and maintenance of remedial action equipment, groundwater
monitoring wells, and associated aboveground and subsurface structures; and (iv) other activities
authorized or otherwise directed by the Agency. No physical change by any party shall be made
within the highway right-of-way of IDOT without prior written notice to IDOT and compliance
with the substantive requirements and specifications of IDOT. Written notice must be submitted
to the District Six (6) Engineer, IDOT, 5455 Kirkwood Boulevard, Cedar Rapids, IA 52404,
sixty (60) days in advance of the commencement of the proposed work. Nothing herein shall be
deemed to limit or otherwise impede the Agency's, or IDNR's, right of access and entry under
federal or state law or other agreement.
11. Cooperation and Assistance. Owner and any tenant or occupant of the Property must fully
cooperate with the authorized representatives of EPA and IDNR and Holder of this Covenant as
they conduct environmental activities at the Property, if any, and Owner and any tenant or
occupant must not destroy, damage, interfere with, or impede the effectiveness or integrity of
any environmental activities on the Property.
12. Groundwater Hazard Statement Notice. Iowa Code section 558.69 requires the
submission of a groundwater hazard statement and disclosure if "hazardous waste" exists on the
Property as defined in Iowa Code subsections 455B.411(3), 455B.412(2) or section 455B.464 or
if IDNR determines that solid waste exists on the Property that is potentially hazardous. If
hazardous waste is present, the groundwater hazard statement must state that the condition is
being managed in accordance with IDNR rules. The signatories and all subsequent transferees
required to submit a groundwater hazard statement under Iowa Code section 558.69 must
reference this Covenant in substantially the following form:
THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL
COVENANT, DATED [date month, day, year] RECORDED IN THE DEED OR
OFFICIAL RECORDS OF THE DUBUQUE COUNTY RECORDER ON [date
month, day, year] IN [document, book and page, or parcel number].
THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING
ACTIVITY AND USE LIMITATIONS: [insert the activity and use limitations
exactly as they appear in section 7 of this Covenant.]
Environmental Covenant
Page 5 of 10
13. Modification and Termination. Any modification or termination of this Covenant must
comply with Iowa Code chapter 455I and applicable IDNR administrative rules. This Covenant
may be modified or terminated by written consent of the Agency, the then current fee simple title
owner, and all original signatories (unless exempted under the provisions of Iowa Code section
455I.10(1)(c) in accordance with and subject to the provisions of Iowa Code section 455I.10).
The termination or modification is not effective until the document evidencing consent of all
necessary persons is properly recorded. If not by consent, any modification or termination of this
Covenant must be in accordance with Iowa Code section 455I.9 and such additional terms as
specified in this covenant.
14. Enforcement. This Covenant may be enforced in a civil action for injunctive or other
equitable relief by the signatories and those persons authorized by and in accordance with Iowa
Code section 455I.11, including without limitation Grantor, Grantees, Holders, EPA, IDNR, and
the City of Dubuque, Iowa.
15. Severability. If any provision of this Covenant is found to be unenforceable in any respect,
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
16. Governing Law. This Covenant shall be governed by and interpreted in accordance with
the laws of the State of Iowa.
17. Recordation. Within thirty (30) days after the date of the final required signature upon this
Covenant or any modification or termination thereof, Grantor must record this Covenant or any
modification or termination with the Dubuque County, Iowa, Recorder's Office.
Owner/Transferee shall be responsible for any costs associated with recording this Covenant or
any modification or termination.
18. Effective Date. The effective date of this Covenant shall be the date upon which the fully
executed Covenant has been properly recorded in the Dubuque County, Iowa, Recorder's Office.
19. Notice. Any notice, document, or other item required by this Covenant to be given to
another party hereto must be sent to:
If to Holder:
MidAmerican Energy Company
Attention: Environmental Services
P.O. Box 657
Des Moines, IA 50306-0657
If to EPA:
Director, Superfund Division
U.S. Environmental Protection Agency, Region 7
Environmental Covenant
Page 6 of 10
11201 Renner Blvd.
Lenexa, KS 66219
If to IDNR:
Iowa Department of Natural Resources
Contaminated Sites Section Supervisor
Wallace State Office Building
502 E 9th Street
Des Moines, IA 50319
20. Notice of Change in Ownership. Grantor and any holder of any interest in the Property and
any subsequent transferee shall reference and incorporate the terms of this Covenant into any
subsequent instrument which conveys a possessory interest in any portion of the Property.
21. Signature. This Covenant may be signed in counterpart.
[INTENTIONALLY LEFT BLANK]
Environmental Covenant
Page 7 of 10
FOR GRANTOR
I, Kimberly K. Reynolds, Governor of the State of Iowa, have caused this instrument to be issued
at Des Moines, on this �j(' day of Seoer400v , 2019.
Kimberly K ' eynol, s, Governor of Iowa
4aul D. ate Iowa
Paul , Secretary of State
I hereby certify the foregoing Environmental Covenant is recorded in Vol. (3$ , Page, of iJ in
the State Land Office.
STATE OF IOWA
COUNTY OF POLK
)
)
)
Pa .IP/4a,wa Secre ry of State
On this 3644' day of ep emtaey , 2019, before me a Notary Public in and for said state,
personally appeared Kimberly K. Reynolds, Governor of Iowa, who being duly sworn, did sign
this Environmental Covenant.
MOLLY WIDEN
a*: mC mmissi Number
794766
Mytb . 14 1,7 o71
STA IE OF IOWA
COUNTY OF POLK
)
)
)
On this Se day of SeplenN6eAr , 2019, before me a Notary Public in and for said state,
personally appeared Paul D. Pate, Iowa Secretary of State, who being duly sworn, did sign this
Environmental Covenant.
le L., MOLLY WIDEN
2 It Commission Number 794766
My Com
is io to fires
Is On
/1 'k_ 14
Notary 'ublic
(Iv
Environmental Covenant
Page 8 of 10
FOR HOLDER - MIDAMERICAN ENERGY COMPANY
By: 17.)- Date: ) 1 ' 1
Name (print): Rob Berntsen
Title: Sr. Vice President & General Counsel
Address: MidAmerican Energy Company
666 Grand Avenue. Suite 500
Des Moines, Iowa 50309
STATE OF IOWA )
COUNTY OF POLK )
On thisc7 day of Ma''cirN , 2019, before me a Notary Public in and for said state,
personally appeared Rob Berntsen , the Sr. Vice President & General Counsel of
MidAmerican Energy Company , known to me to be the person who executed the within
Environmental Covenant on behalf of said entity and acknowledged to me that he/she executed
the same for the purposes therein stated.
DEBORAH S BORCHERT
Commission Number 720034
My Pommjssion Expires
Notary Public
j
Environmental Covenant
Page 9 of 10
FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
r p, _
Mary P. Pet son, Director
Superfund and Emergency Management Division
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219
STATE OF KANSAS )
COUNTY OF JOHNSON )
Date: 10/0/1) ?,C1
On this \c''' -day of l.JC+Choir , 2019, before me a Notary Public in and for said state,
personally appeared Mary P. Peterson (or her designee), the Director of the Superfund and
Emergency Management Division of the United States Environmental Protection Agency,
Region 7, known to me to be the person who executed the within Environmental Covenant on
behalf of said entity and acknowledged to me that she executed the same for the purposes therein
stated.
6(effit--
Notary Publi
Environmental Covenant
Page 10 of 10
OTHER INTERESTED PARTY:
City of Dubuque, Iowa
Date:
STATE OF IOWA )
COUNTY OF DUBUQUE )
Roy D. (►ol, Mayor
Ke in S. Firnstahl, City Clerk
On this day of Ili , 2019, before me a Notary Public in and for said state,
personally appeared oy D. Buol and Kevin S. Firnstahl to me personally known, and, who,
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Dubuque, Iowa; that the seal affixes to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was sigan s aled on behalf of the corporation, by
authorityn of its City Council, as contained in `' "''No. i/s-/7 passed (the Resolution
adopted) by the City Souncil, under Roll Call No. 471 of the City Council on the ,/we
day of S'ijr, 2019, and that Roy D. Buol and Kevin S. Firnstahl acknowledged the
execution Of the instrument to be their voluntary act and deedid the voluntary act and deed of
the corporation, by it voluntarily executed.
PAMELA J. McCARRON
Commission Nu ' r 772419
My Comm. Exp.
Notary Public
EXHIBIT A
Beginning at the southwesterly corner of the easterly 540 feet of said city lot 502 and block 1 of
river front subdivision No. 2; thence S 66° 37 1/2' W, 303.40 feet, along the southerly line of
said city lot 502 and block 1 of River Front Subdivision No. 2; thence N 68 ° 33 %' W, 42.57
feet; thence N 3 ° 17' E, 252.94 feet, to a point on the northerly line of said city lot 502; thence N
66 ° 38 '/2' E, 101.22 feet, along said northerly line of said city lot 502; thence 137.76 feet along
a 50.00 foot radius curve, concave northerly and having a chord bearing N 66 ° 38 '/2' E, 98.14
feet, to a point on said northerly line of said city lot 502; thence N 66 ° 38 1/2' W, 18.95 feet,
along said northerly line of said city lot 502, to the northwesterly corner of said easterly 540 feet;
thence S 23 ° 46 3/4' E, 256.01 feet, along the westerly line of said easterly 540 feet, to the point
of beginning, containing 68,928 square feet more or less, and subject to easements, reservations
and restrictions of record, also reserving the right for Midwest Gas Co. and their representatives,
to enter upon described parcel for the purpose of maintaining and monitoring wells, and
eventually closing of said wells, that are located upon said described parcel, the plat of which is
attached hereto.
IOWA.• APARTMENT OF TRANSPO,: iATION
PLAT OF SURVEY OF CITY LOT 5O2B
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
EXHIBIT "A"
COUNTY DUBUQUE • STATE CONTROL NO.
PROJECT NO. F-61-13( 22 ) —20-31
PARCEL NO. 238
SECTION 19 TOWNSHIP 89N RANGE 3E
ROW -FEE AC EASE AC EXCESS se.ze SQ. FT.
ACOUIRED FROM
LOUIS MIHALAKIS Et al
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DATE DRAWN SEPTEMBER 15, 1994
Exhibit "Air
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION NO. 318-19
APPROVING AN ENVIRONMENTAL COVENANT FOR THE PROPERTY AT 1000 E.
12TH STREET IN DUBUQUE, DUBUQUE COUNTY, IOWA OWNED BY THE IOWA
DEPARTMENT OF TRANSPORTATION
Whereas, the Iowa Department of Transportation (IDOT) is the owner of the real
property legally described in Exhibit A hereto and incorporated herein, with a local
address of 1000 E. 12th Street in Dubuque, Dubuque County, Iowa (hereinafter
"Property"); and
Whereas, the federal Environmental Protection Agency is requiring IDOT to place an
Environmental Covenant across the Property; and
Whereas, the Property contains a "Primary Road," which is defined by Iowa Code §
306.3(6) as a road or street that runs both inside and outside the boundaries of a
municipality; and
Whereas, the City of Dubuque (City) has some control over the Property pursuant to
Iowa Code § 306.4(4)(a), which gives jurisdiction over "municipal extensions of primary
roads" located in a municipality to City and IDOT to exercise concurrently; and
Whereas, because of this concurrent jurisdiction, the Environmental Protection Agency
is requesting that City approve the attached Environmental Covenant, in order to signify
City's agreement that any future maintenance, repair, or reconstruction of the. primary
road that runs along the subject property will be subject to the restrictions of the covenant;
and
Whereas, City now desires to approve the Environmental Covenant attached hereto
and to execute the same as a Third -Party Beneficiary; and
Whereas, the City Council .of the City of Dubuque finds that it is in the best interest of
the City of Dubuque to approve the Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Environmental Covenant is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Environmental
Covenant on behalf of the City of Dubuque.
082019bai
Section 3. The City Clerk is hereby authorized and directed to record this Resolution
with the Dubuque County Recorder and to deliver the executed Environmental Covenant
to IDOT for recording with the same office.
Passed, approved and adopted this 3rd day of September, 2019.
Attest:
Kevin -S. Firnstahl, CMGfCity Clerk
Roy f /Buol, Mayor .
F:\PROJECTSIBee Branch - Bike Trails\Bee Branch Creek Trail - Phase 3 - 9th to 11th\City Council Documentation\Resolution
Approving IDOT Covenant (01624534x7F7E1).DOCX
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed,. qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 318-19 is a true and correct
copy of the original.
• In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 4th day of September, 2019.
p","
K- in S. Firnstahl, CMC, City Clerk