Environmental Covenant: Underground Storage Tank (UST) facility location: Wilmac Properties 801 Jackson St. Copyrighted
August 1, 2022
City of Dubuque Consent Items # 018.
City Council Meeting
ITEM TITLE: Environmental Covenant: Underground Storage Tank (UST)facility
location: Wilmac Properties 801 Jackson Street, Dubuque IA 52001
DNR LUST#9LTF61
SUMMARY: City Manager recommending City Council approve mayoral signature on
the Environmental Covenant for the UST facility located at 801 Jackson
Street, Dubuque, Iowa in accordance with City of Dubuque Ordinance
Title 14, Chapter 15, Water.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Contract Needing Signature: Environmental Covenant City Manager Memo
801 Jackson Street, Dubuque Iowa-MVM Memo
Environmental Covenant Staff Memo Staff Memo
801 Jackson St Covenant Supporting Documentation
Dubuque
THE CITY OF
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DUB E ,
IIII.
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Masterpiece on the Mississippi 2017*20 9
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Environmental Covenant
Underground Storage Tank (UST) facility location: Wilmac Properties 801
Jackson Street, Dubuque IA 52001 DNR LUST #9LTF61
DATE: July 27, 2022
Water Department Manager Christopher Lester is recommending City Council approve
mayoral signature on the Environmental Covenant for the Underground Storage Tank
(UST) facility located at 801 Jackson Street, Dubuque, Iowa in accordance with City of
Dubuque Ordinance Title 14, Chapter 15, Water.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
KJ" t"Y�t
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Christopher Lester, Water Department Manager
Dubuque
THE CITY OF
E AII•Aalerica City
IuB YAP YWLCAM I IA,2007.2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Christopher J. Lester, Water Department Manager
SUBJECT: Environmental Covenant
Underground Storage Tank (UST) facility location: Wilmac Properties 801
Jackson Street, Dubuque IA 52001 DNR LUST #9LTF61
DATE: July 25, 2022
INTRODUCTION
The purpose of this memorandum is request to consideration of the City Manager and City
Council, and to request mayoral signature of the attached Environmental Covenant for the
UST facility located at 801 Jackson Street, Dubuque, Iowa in accordance with City of
Dubuque Ordinance Title 14, Chapter 15, Water.
BACKGROUND
The City of Dubuque is the permitting authority to regulate the installation of private water
wells within the area of concern, such as areas with underground or leaking underground
storage tanks (UST/LUST), through the issuance of permits. Local ordinance number Title
14, Chapter 15 restricts the permitting of private water wells as defined in the ordinance when
public water is readily available. Part of that ordinance requires the property owner place an
Environmental Covenant on their property restricting the future installation of any water well.
DISCUSSION
The Water Department has received the attached restrictive covenant for city signature
related to the property at 801 Jackson Street, Dubuque, Iowa, owned by Wilmac Properties
which would prohibit any new groundwater supply wells at the property. This is consistent
with city code and policy, and I agree with placement of this covenant on the property and
City Attorney Crenna Brumwell has reviewed and concurs.
REQUEST
I respectfully request consideration by the City Manager and City Council, and to request
mayoral signature on the Environmental Covenant for the UST facility located at 801 Jackson
Street, Dubuque, Iowa.
Attachments
cc: Crenna Brumwell, City Attorney
File
Type/Title of Document: Environmental Covenant
Return Document to:
Name: Kay Watson,Seneca Companies, Inc.
Address: 4140 E 14'Street Des Moines, IA 50313
Street Address City Zip
Telephone: 515-264-4337
Preparer Information:
Name: Kay Watson,Seneca Companies, Inc.
Address: 4140 E 14th Street Des Moines, IA 50313
Street Address City Zip
Telephone: 515-264-4337
Taxpayer Information:
Name: Wilmac Property Company
Address: 801 Jackson Street Dubuque, IA 52001
Street Address City Zip
Telephone: (563) 556-8884
Grantor(s): Wilmac Property Company
Holders)/Grantee(s): Premier Bank
Holder (Lien/Special Assessment): City of Dubuque
Agency(s): Iowa Department of Natural Resources
Legal Description,including parcel identification number,if available:
City Lots 349,350,351,352,353,374, 375,376,377, and 378 and Lot 349A,the vacated alley between the
first five above-named lots and the second five above-named lots; all in the city of Dubuque, Iowa
(situated between East Eighth and East Ninth Streets and White and Jackson Streets in the City of
Dubuque, Iowa), including all buildings located thereon, and subject to easements and restrictions of
record and to all easements and restrictions referred to in the Real Estate Contact dated 3/15/76 and filed
as Instrument#5294-76 of the Dubuque County records.
Parcel: 1024483001
IOWA UNDERGROUND STORAGE TANK PROGRAM
ENVIRONMENTAL COVENANT
This environmental covenant is established pursuant to Iowa Code (IC) chapter 4551 entitled
Uniform Environmental Covenants Act.
Wilmac Properties, hereafter "grantor(s)," Premier Bank, hereafter "holder(s)," and the
Department of Natural Resources (Department) in its capacity as an agency of the State of Iowa,
enter into this environmental covenant for the purpose of subjecting the property described
below to certain activity and use limitations in accordance with the terms and conditions
included herein pursuant to the authority granted to the Department in IC chapter 4551, IC §
45513.103(7), and Department rules in chapter 567 Iowa Administrative Code (IAC) 135.
1. Affected Property.
The grantor(s) identified below is the fee title owner(s) of the property located at 801 Jackson
Street, Dubuque, Iowa, at which petroleum exists.The property is legally described as:
City Lots 349,350,351, 352, 353, 374, 375, 376, 377, and 378 and Lot 349A, the vacated alley
between the first five above-named lots and the second five above-named lots; all in the city of
Dubuque, Iowa (situated between East Eighth and East Ninth Streets and White and Jackson
Streets in the City of Dubuque, Iowa), including all buildings located thereon, and subject to
easements and restrictions of record and to all easements and restrictions referred to in the
Real Estate Contact dated 3/15/76 and filed as Instrument #5294-76 of the Dubuque County
records.
Parcel: 1024483001
Hereinafter,the affected property will be referred to as "the property."
2. Risk Management and Institutional Controls.
Seneca Companies for Wilmac Properties has conducted a soil and groundwater investigation
and risk assessment (tiered site assessment) of the UST source site located at 801 Jackson
Street, Dubuque, Iowa, in accordance with Department rules in chapter 567 IAC 135. Persons
associated with the UST source site have requested that the grantor execute this environmental
covenant in order to satisfy regulatory requirements applicable to the UST site.
This assessment constitutes an environmental response project as defined in IC§4551.2(5). The
purpose of this environmental covenant is to manage the risk of future exposure to existing soil
and/or groundwater contamination at the site by limiting specified land use activities at this
property, establishing affirmative obligations, and enforcing the terms of this covenant.
3. Tiered Assessment Reports. Department files reference the UST source site located at 801
Jackson Street, Dubuque, IA by Registration No.198916576 and LUST No. 9LTF61.
12/28/2000—Tier 1 Report 3/25/2021—Tier 2 Report
4. Reopening. The signatories to this covenant acknowledge that failure of the activity and use
limitations to serve their intended purpose including the prevention of exposure to
contamination could result in the Department reopening its review and regulation of the
contaminant condition on the property as provided under the terms of this covenant, IC
chapters 455B and 4551, and applicable Department administrative rules.
5. Identity of Grantor(s)and Holder(s).
GRANTOR(S):Wilmac Properties
HOLDERS: Premier Bank
Holders(Lien/Special Assessment): City of Dubuqe
AGENCY: Iowa Department of Natural Resources
6. Representations and Warranties. The grantor(s) warrants to the other signatories to this
covenant the following:
a. The grantor[s] is/are the sole fee title owner[s] of the property;
b. the grantor[s] holds sufficient fee title to the property to grant the rights and
interests described in this covenant free of any conflicting legal and equitable
claims;
c. the grantor[s] has/have identified all other persons holding legal or equitable
interests, including, but not limited to, contract buyers, mortgage holders, other
consensual lienholders and lessees, and secured their consent either by
signatures on this covenant or by a separate subordination and consent
agreement attached as Exhibit A.
7. Running with the Land. This environmental covenant is perpetual and runs with the land as
provided in IC § 4551.9 until modified or terminated. The terms of this environmental covenant
are binding on the grantors and all successors in interest, assigns and all 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
environmental 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.
8. Activity and Use Limitations and Terms. The property is subject to the following activity and
use limitations:
No drinking water or non-drinking water wells as defined in Iowa Department of Natural
Resources Rule 567 Iowa Administrative Code135.2 and as subsequently amended shall be
installed within the property boundaries. For purposes of reference, drinking water well means,
"Any groundwater well used as a source for drinking water by humans and groundwater wells
used primarily for the final production of food or medicine for human consumption in facilities
routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for
foods(or the North American Industry Classification System (NAICS) Codes of 3254 for drugs and
311 for food)." Non-drinking water well means, "any groundwater well (except an extraction
well used as part of a remediation system) not defined as a drinking water well including a
groundwater well which is not properly plugged in accordance with department rules in 567-
Chapters 39 and 49."
9. Notice of Non-Compliance. Any property owner or subsequent transferee of an interest in
the property shall notify the Department as soon as possible of conditions which would
constitute a breach of the activity and use limitations in paragraph eight (8) if they have actual
knowledge of these conditions or would reasonably be deemed to have knowledge within the
normal course of administration of their property interest.
10. Notice to Lessees. Grantor, any holder with a property interest sufficient to grant a lease of
the property, and any subsequent transferee shall incorporate the activity and use limitations of
this covenant either in full or by reference to this instrument in any lease, license, or other
instrument granting a right to possession of the property.
11. Access to Property. Reasonable access to the property is granted the Department or any
authorized representative of the Department, public or private, for the purpose of
implementation, monitoring and enforcement of the terms of this environmental covenant. The
Department, its authorized representatives or other persons entitled to access shall provide the
current owner of the property with reasonable notice, an explanation of the reasons for entry
and the scope of onsite activities prior to access. Right of access includes, but is not limited to,
the following activities:
a. repair and maintenance of remedial action equipment, soil caps,groundwater
monitoring wells and associated aboveground or subsurface structures
b.fencing and other technological controls
c. groundwater sampling and monitoring
d. additional drilling
e. construction of soil boring and/or groundwater monitoring wells
f. other activities authorized or otherwise directed by the Department.
12. Groundwater Hazard Statement Notice. IC § 558.69 requires submission of a groundwater
hazard statement and disclosure if "hazardous waste" exists on the property as defined in IC §
4558.411(3) or if the Department 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 Department rules. The signatories
and all subsequent transferees required to submit a groundwater hazard statement under Iowa
2
Code section 558.69 shall make reference to this environmental covenant in substantially the
following form:
THE INTEREST CONVEYED IS SUBJECT TO AN
ENVIRONMENTAL COVENANT, DATED RECORDED
IN THE DEED OR OFFICIAL RECORDS OF THE Dubuque COUNTY
RECORDER ON IN
THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS:
No drinking water or non-drinking water wells as defined in Iowa Department of Natural
Resources Rule 567 Iowa Administrative Code135.2 and as subsequently amended shall be
installed within the property boundaries. For purposes of reference, drinking water well means,
"Any groundwater well used as a source for drinking water by humans and groundwater wells
used primarily for the final production of food or medicine for human consumption in facilities
routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for
foods(or the North American Industry Classification System (NAICS) Codes of 3254 for drugs and
311 for food)." Non-drinking water well means, "any groundwater well (except an extraction
well used as part of a remediation system) not defined as a drinking water well including a
groundwater well which is not properly plugged in accordance with department rules in 567-
Chapters 39 and 49."
13. Modification and Termination. Modification or termination of the terms of this covenant
shall comply with the standards in IC chapter 4551 and applicable Department administrative
rules. The terms of this environmental covenant may be modified or terminated by written
consent of the Director of the Department, the then current fee simple title owner and all
original signatories (unless exempted under the provisions of IC § 4551.10(1)"c" in accordance
with and subject to the provisions of IC § 4551.10). 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 environmental covenant shall be in
accordance with IC§4551.9 and such additional terms as specified in this covenant.
14. Enforcement. The terms of this environmental 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 IC§4551.11.
15. Severability. If any provision of this environmental 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 environmental covenant shall be governed by and interpreted in
accordance with the laws of the State of Iowa.
17. Recordation. Within thirty (30) days after Department approval of this environmental
covenant,the grantor[s] shall record the environmental covenant in the same manner as a deed
to the property with the Dubuque County Recorder's Office.
18. Effective Date. The effective date of this environmental covenant shall be the date upon
which the fully executed environmental covenant has been properly recorded with the Dubuque
County Recorder's Office.
19. Notice. Unless otherwise notified in writing by the Department, any document or
communication required by this environmental covenant shall be submitted to:
Iowa Department of Natural Resources, UST Section Supervisor
Wallace State Office Building
502 E 9'Street
Des Moines, IA 50319
20. Subordination and Consent. By signing this environmental covenant, the signatories
knowingly and intentionally acknowledge their consent to the terms of this agreement and
agree to subordinate their interest in the property. The following persons have expressly
consented and subordinated interests:
SEE EXHIBIT A
3
ACKNOWLEDGMENTS
A
RS:
Dated this gday of Zit , 20-2Z -
W mac Property Company
Pat McNamaraVII
On this day of JAL , 2013
'',before me personally appeared Pa-I-ine.P 14t-(1-"C"--
who being duly sworn, did say that they are the corporation, and that the instrument was signed
on behalf of said corporation by authority of its board of directors and that the said officers
acknowledge the execution of said instrument to be the voluntary act and deed of said
corporation by t em vo ntarily executed.
5444 a 7- t L+ AMY L.
Notary PubF ,State of Iowa) � P: Ccmmiss:on Number PAULEY 723556
,o,w, My Comm.Exp,July 22, 20
HOLD .
. /`, r( 7. ,/lz. ---/ Dated this + day of 1-V✓! e, 20.--2
Premier Ba
Tom Johnson/ /I__ 11__
On this (�`' ay of ,)�(/�� 20� before me personally appeared 1 �o�i,J 1 �1')
who being duly sworn, did say that they are the corporation,and that the instrument was signed
on behalf of said corporation by authority of its board of directors and that the said officers
acknowledge the execution of said instrument to be the voluntary act and deed of said
corporation by em vo ntarily executed.
",d AMY L. PAULEY
d Commission Number 723556
Notary Publ ,State of lov. ,c�,� My Comm, Exp. July 22,20a
HOLDER (Lien/Special Assess nt):
/ Dated this I day of Atn . ,20. ... .
City of D ue,City Clcrky Mayo r
On this 1 day of , 204 before me personally appeared 3c-c,A ec,uc{r\�, IC �t\c".)p
who being duly sworn, did s that they are the corporation, and that the instrument was signed
on behalf of said corporation by authority of its board of directors and that the said officers
acknowledge the execution of said instrument to be the voluntary act and deed of said
corporation by them voluntarily executed. 1 . 13 oZ3
"— aec,a91/ S0JIdX3 uorsslwwo3 Aim . i
' 98661L.IegwnN uotsslwwoo tb
Notary Public for State of Iowa ; NQSV319 1 HSIN1
AGENCY:
Dated this day of fb , 20,
Kayl L n
Director, Iowa Department of Natural Resources
On this Th day of '� / , 20 before me personally appeared Q L On , known to me
to be the Director of the Iowa Department of Natural Resources or t e law ul designee of the
Director who executed the foregoing instrument, and acknowledge that this person executed
the same as his/her/y./theirv�olunttary act and deed.
f'•\
Notary Publicf�ir State of Iowa ,,oti. MILLER
'. ion Number 839456
. . lAcIp,1. ,n E..;rres
State of i �p d 17, io.___
County of )ss.
SUBORDINATED INTERESTS:
SEE EXHIBIT A JENNIFER MILLER
$ k:Commission Number 839456
May 177,,20
EXHIBIT 1
TITLE CERTIFICATION LETTER
DEC-17-2021 FRI 09:01 AM DUBUQUE CO, ABSTRACT FAX NO. 563 583 2709 P. 01/15
PROPERTY INTEREST FORM
To: Iowa Department of Natural Resources (DNR)
Wallace State Office Building
502 E gth Street
Des Moines, IA 50319
Re: Environmental Covenant Supporting Documentation
Subject Property Location: 801 Jackson Street, Dubuque Iowa
Source Site Location:801 Jackson Street, Dubuque, Iowa
This letter is to certify that Seneca Companies, Inc. has conducted a thorough search of the real estate
records and has identified the following legal and equitable interests in the property in accordance with
Department rules in chapter 567 Iowa Administrative Code 14.
FEE TITLE OWNER
1. The current fee title interests evidenced by a warranty deed, deed of trust or similar instrument:
Real Estate Contract, Filed June 14, 1976, Instrument No. 5294-1916' 1983,
Warranty Deed In Consummation of Real Estate Contract, filed May
Instrument No. 3152-1983.
CONTRACT INTEREST
1. Current contract buyers or assignees of contracts for the sale of the property:
j!. Current contract sellers of the property:
LEASEHOLDERS
1. all current leaseholders,whether recorded or not:
Agreement, Instrument No. 2019-2349; Assignment, Instrument No. 2020-19019
MORTGAGES Assignment, Instrument No. 7298-1993.
1, Current recorded mortgages(Le., persons and institutions who have filed a mortgage interest
against the property):
Mortgage, Instrument No. 2010-20716; Financing Statement, Instrument No. 2i)20-230
LIENS
1. Any recorded liens against the property:
Special Assessment, Fund No. 20130208, for Millwork District, certified to
Company,
the Dubuque County Treasurer February 8, 2013 vs Wilmac Property P y
for the attached described real estate at 801 Jackson St. , in the Sum of
$34,121 pa
id,
+
C►THER INTERESTS responsible party) Interest. Due in 15 annual installments, 9
h6 remain unpaid. Next installment due in 2022, final
None applicable installment due in 2027.
Prepared By:
Dubuque County Abstract & Title CompaJ, LLC
By Gc A.A 9
Dianne H. Skemp, President
EXHIBIT 2
GROUNDWATER PROFESSIONAL SUMMARY STATEMENT
Groundwater Professional Summary Statement
Subject: Environmental Covenant for Wilmac Properties
located at 801 Jackson Street, Dubuque, Iowa
Registration No. 198916576 LUST No.9LTF61
Seneca Environmental Services is seeking to establish a restrictive environmental covenant to be placed on the
deed of the property owned by Wilmac Property Company at 801 Jackson Street, Dubuque. This restrictive
environmental covenant will limit the potential risk posed by contamination (see attached Groundwater and Soil
Leaching contamination map) by prohibiting the placement of future drinking and non-drinking water wells as
defined in Iowa Department of Natural Resources Rule 567 Iowa Administrative Code 135.2.
The placement of the restrictive environmental covenant not allowing the installation of drinking and non-
drinking water wells on the deed of the property in conjunction with monitoring events indicating the plume is
not migrating will help reclassify the Groundwater Ingestion and Soil Leaching to—Protected Groundwater
Source pathway.
Sincerely,
Seneca Environmental Services
iJ-'
Todd Felderman CGP#2044
Sr. Project Manager
EXHIBIT 3
SUPPORTING DOCUMENTATION
WARRANTY DEED
DEC-17-2021 FRI 09:02 AM DUBUQUE CO, ABSTRACT FAX NO. 563 583 2709 P. 02/15
;; o` WARRANTY DEED
noha ill Olen tap / li t Pre5entg: That WILLIAM F. McNAMARA and /
IRMA W. McNAMARA, husband and wife. ..
__ ___T___, in consideration
of +he ,urn of Ten Dollars _and other good and valuable consideration
:n hand paid do hereby Convey unto WILMA C PROPERTY COMPANY, an Iowa car•oration,
Grantees' Address; . ..__--__.._Dup.Qque. Iowa ,.__ _._
l:
the following described real esta Du
te, situated in .-_.ue
—____._..—Ccsunty, Iowa, to-wit'
City Lots 349, 350, 351, 352 353, 374, 375, 37'6, 377, and 378 and
Lot 349A, the vacated alley between the first fi.ve.above-named
lots and the second five above-named lots; all in the City of Dubuque,
Iowa (situated between East Eighth and East Ninth Streets and White
and Jackson Streets in the City of Dubuque, Iowa) , including all
; buildings located thereon, and subject to easements and restrictions
of record and to all easements and restrictions referred to in the
Real Estate Contract dated 3/15/76 and filed as Instrument #5294-76
of the Dubuque County records.
? 1 • '
No stamps required, pursuant to 428A. 2 15 1983 Code of Iowa. _
, ; I? q ( ) ..
e,-1 :,,.. fie ,,;t,,,,i., ,r
'83 HAY 12 PH { 2 i' a)
3152 83
And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold
said real estate by title in fee simple; that they have good and lawful authority to sell and convey the same; that
said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above stated; and .,,.
said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever, 5.5
except as may be above stated.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the
described premises.
Word, and phresos herein including acknowledgment hereof shell be construed as in the singular or plural number. and as masculine
or feminine gender. according to the cont'e/i.
Il _ 1 Sig. ad:this 30th day of April 19 83
ll. 4/r .,r.� l"` .
z;,:‘,./2_,-&-e-x-i,„ 4:7 1/44.#/"..,,,--40e., ,
' 'Cr 1 William F. McNamara
r.: SS.
!l 71.. JF COUNTY, .�
,..a..l�f, 1 ,•— - - __ - of ,y�
:' -,"...`di ipn/this 30th. day of April ,193 ._,before rr�t f -�r //(4-- M....
Irma W. McNamara WM
me,the undersigned,a Notary Public In and for said State,personally a,,ic
appeared William F. McNamara and undo"
Irma W. McNamara, husband and VIIP
;
• wife asr
. aa.•d
e...«
EXHIBIT A
SUBORDINATION
AGREEMENT
SUBORDINATION AND CONSENT AGREEMENT
Whereas, the undersigned, Premier Bank, is the holder of a mortgage on property ("property") described as
follows and recorded in the office of the Recorder of Dubuque County, Iowa, Mortgage Record _BK:_ at Page
Address:
2625 NW Arterial
Dubuque, IA 52002
Legal Description:
City Lots 349,350,351, 352, 353, 374, 375, 376, 377, and 378 and Lot 349A, the vacated alley between the first five above-
named lots and the second five above-named lots; all in the city of Dubuque, Iowa (situated between East Eighth and East
Ninth Streets and White and Jackson Streets in the City of Dubuque, Iowa), including all buildings located thereon, and
subject to easements and restrictions of record and to all easements and restrictions referred to in the Real Estate Contact
dated 3/15/76 and filed as Instrument#5294-76 of the Dubuque County records.
Parcel: 1024483001
WHEREAS, the fee title owner(s) of the property, 801 Jackson Street, Dubuque, Iowa 52001, wish to enter into
and attach an Environmental Covenant to the property that runs with the land and that, by its terms, will
place certain activity and use limitations on the property to reduce the risk of exposure to contamination in
accordance with Iowa Code chapter 4551.
THEREFORE, for valuable consideration, the undersigned hereby subordinates its interests to the
Environmental Covenant; provided however, that in accordance with Iowa Code Ann. § 4551.3(4)(d), such
subordination shall not impose any affirmative obligation upon the undersigned with respect to the
Environmental Covenant and such subordination shall not cause the undersigned to be bound by the terms or
conditions of the Environmental Covenant- until such time, if any, as the undersigned forecloses upon its
security interest and takes possession of the property.
Dated this R lday of ` 1/4 e---- , 20-)0l
IN WITNESS WHEREOF, the undersigned has set its hand as of e day and year first above written.
i
74
Premier Bank
Tom Johnson
STATE OF /O(Wt-- )
COUNTY OF pabu 4i.,14' ) ss.
On this day ofJ.l6t1'-e , 20 A)-before me personally appeared I dV r i J' 'kJ 1 who
being duly sworn, did say that they are the Vic Palikka of said corporation, that (the seal affixed to said
instrument is the seal of said corporation or no seal has been procured by said corporation) and that the
instrument was signed and sealed on behalf of said corporation by authority of its board of directors and that
the said officer acknowledged the e;:ecution of said instrument to be the voiunta;y act and deed of said
corporation by them voluntarily executed.
44"I tj
Notary P. .Iic, in an for said county and state
oh' �Pf{l N„ ".,.n .,•. L. PAULEY
'' tm AIR
Y
, ssion Number 72355
CaTnssion Number 7233fiB +ova �` iv •.m . Exp.July 22,20 ��
'0,,,. My Comm. 'Exp. July 22,20a
EXHIBIT B
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EXHIBIT C
PLAT MAP
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