Verified Claim Extending Restrictions On Use Of Property On Kerper CourtCity of Dubuque
City Council Meeting
Consent Items # 026.
Copyrighted
December 19, 2022
ITEM TITLE: Verified Claim Extending Restrictions On Use Of Property On Kerper
Court
SUMMARY: City Manager recommending City Council approve the Verified Claim
which will extend restrictions on use of property on Kerper Court until
2058.
RESOLUTION Approving a verified claim pursuant to Iowa Code
Section 614.24 to renew use restrictions
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
FIN aL[91:ILyil21zIII l+]
Description Type
Renew Use Restrictions at Lot 2 of Kerper Industrial City Manager Memo
Park No. 2-MVM Memo
Memo
Resolution
Staff Memo
Resolutions
Verified Claim Pursuant to Iowa Code Section 614.24 Supporting Documentation
to Renew Use Restrictions
Agreement for Exchange Supporting Documentation
THE C
Dubuque
DUjIBQTE
WAWca 914
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Verified Claim Extending Restrictions On Use Of Property On Kerper
Court
DATE: December 15, 2022
Senior Counsel Barry Lindahl is recommending City Council approve the Verified Claim
which will extend restrictions on use of property on Kerper Court until 2058.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
THE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
MEMORANDUM
To: Michael C. Van Milligen
City Manager
DATE: December 14, 2022
RE: Verified Claim Extending Restrictions On Use Of Property On
Kerper Court
In 1999, the City of Dubuque entered into an Agreement with John P. Mihalakis and
Richard L. Billmeyer relating to property which is now located on Kerper Court. The City
owned the property at that time and agreed with Mr. Mihalakis and Mr. Billmeyer to
exchange the City property for property owned by them in connection with the Eagle
Window Project.
As a part of the exchange Agreement, certain limitations were placed on the use of the
Kerper Court property, including the requirement that all operations and activities (other
than construction) be conducted or maintained within completely enclosed buildings,
except for off-street parking and loading facilities and that no exterior storage be
permitted on the property other than exterior trash collection areas as described in the
agreement. A copy of the Agreement is attached.
By a separate agenda item, the City Council is being asked to approve the Clarification
of Use Restrictions which will clarify that the Agreement permits exterior storage of
retail items for sale on the Real Estate, including, but not limited to, salt, bundles of
wood, ice and propane by Kwik Trip, Inc. and its successors and assigns.
Under Iowa law, the original restrictions on the use of the property would have expired
in 2020. Iowa law allows the City to file a claim to extend the restrictions on use for an
additional 21 years.
By Verified Claim Pursuant to Iowa Code Section 614.24 to Renew Use Restrictions
recorded July 8, 2016 as Instrument No. 2016-8563 in the records of the Dubuque
County Recorder, the Use Restrictions contained in the above -referenced Agreement
were extended for an additional period of 21 years from the date of that recording, to
2037.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
The attached Verified Claim when recorded will extend the restrictions on use of the
property for an additional period of 21 years from the date of the recording of the
attached Verified Claim, to 2058.
I recommend that the Verified Claim be submitted to the City Council for approval.
BAL:JLM
Attachment
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Preoared by Barry A Lindal Esci300 Main St Ste 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1P St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 388-22
APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SECTION 614.24
TO RENEW USE RESTRICTIONS
WHEREAS, the City of Dubuque, Iowa (City) and John P. Mihalakis and Richard
L. Billmeyer entered into an Agreement for the Exchange of Land dated February 15,
1999, a Memorandum of Agreement of which was recorded on February 15, 2000,
Instrument No. 1620-00, which Agreement included certain restrictions on the use of the
following described real property:
Lot 5 of Kerper Industrial Park in the City of Dubuque, according to the
recorded plat thereof and Lot 2 of FDL Second Addition to the City of
Dubuque, Iowa according to the recorded plat thereof, now known as Lot 1
and Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa
; and
WHEREAS, the restrictions on use are valid for a period of twenty-one years from
the date of recording of the Memorandum of Agreement; and
WHEREAS, Iowa Code § 614.24 allows City to file a verified claim to extend the
restrictions on use for an additional twenty-one years; and
WHEREAS, by Verified Claim Pursuant to Iowa Code Section 614.24 to Renew
Use Restrictions recorded July 8, 2016 as Instrument No. 2016-8563 in the records of
the Dubuque County Recorder, the Use Restrictions contained in the above -referenced
Memorandum of Agreement were extended for an additional period of 21 years; and
WHEREAS, City desires to extend the restrictions on use for an additional twenty-
one years; and
WHEREAS, the City Council finds that the attached Verified Claim should be filed
to extend the use restrictions for an additional period of twenty-one years from the date
of the recording of the Verified Claim.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
1. The attached Verified Claim is hereby approved.
2. The Mayor is authorized and directed to sign the Verified Claim on behalf of the
City of Dubuque.
1
Passed, approved and adopted this 19th day of December, 2022.
Attest:
Adrienne N. Breitfelder, City Clerk
Filed by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
Return to Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
VERIFIED CLAIM PURSUANT TO IOWA CODE SECTION 614.24
TO RENEW USE RESTRICTIONS
WHEREAS, the City of Dubuque, Iowa (City) and John P. Mihalakis and Richard
L. Billmeyer entered into an Agreement for the Exchange of Land dated February 15,
1999, a Memorandum of Agreement of which was recorded on February 15, 2000,
Instrument No. 1620-00, which Agreement included certain restrictions on the use of the
following described real property:
Lot 5 of Kerper Industrial Park in the City of Dubuque, according to the
recorded plat thereof and Lot 2 of FDL Second Addition to the City of
Dubuque, Iowa according to the recorded plat thereof, now known as Lot 1
and Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa
; and
WHEREAS, the restrictions on use are valid for a period of twenty-one years from
the date of recording of the Memorandum of Agreement; and
WHEREAS, Iowa Code § 614.24 allows City to file a verified claim to extend the
restrictions on use for an additional twenty-one years; and
WHEREAS, by Verified Claim Pursuant to Iowa Code Section 614.24 to Renew
Use Restrictions recorded July 8, 2016 as Instrument No. 2016-8563 in the records of
the Dubuque County Recorder, the Use Restrictions contained in the above -referenced
Memorandum of Agreement were extended for an additional period of 21 years; and
WHEREAS, City desires to extend the restrictions on use for an additional twenty-
one years.
NOW, THEREFORE, the City of Dubuque, Iowa, pursuant to Iowa Code §
614.24(1) hereby files this Verified Claim to preserve and extend the a restrictions on use
in the Agreement for the Exchange of Land, a Memorandum of Agreement of which was
recorded on February 15, 2000, Instrument No. 1620-00, and extended by the Verified
Claim Pursuant to Iowa Code Section 614.24 to Renew Use Restrictions recorded July 8, 2016
as Instrument No. 2016-8563, for an additional period of twenty-one years from the date of
the recording of this Verified Claim.
Dated: December ZIP coda
01
CITY OF DUBUQUE, IOWA
M.,egizrfia-gh, Mayor
ATTEST:
a /� '// �' L, " -
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this O� day of De-c-tm6ff , 2022, before me a Notary Public in and
for said County and said State, personally appeared Brad M. Cavanagh and Adrienne N.
Breitfelder to me personally known, who, being by me duly sworn, did say that they are the
Mayor and City Clerk respectively, of the City of Dubuque, Iowa; and that the said Brad M.
Cavanagh and Adrienne N. Breitfelder as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation, by it and by
them voluntarily executed.
LYNN SLUS ! ��Nota
Commle.lon NU B4247Y ,t , ublic
NyComm.Ezp. -1—�,3deEe - L.-RlUS ry'
s
AGREEMENT FOR THE EXCHANGE OF LAND
This AGREEMENT is made and entered into this 1 5th day of February, 1999, by and
between JOHN P. MIHALAKIS and RICHARD L. BILLMEYER, and the CITY OF DUBUQUE, IOWA, a
municipal corporation.
Section 1. DEFINITIONS. As used in this Agreement, the following terms shall have the
following meanings:
1.1 "Developers" shall mean John P. Mihalakis and Richard L. Billmeyer.
1.2 "City" shall mean the City of Dubuque, Iowa
1.3 "Hazardous Substance" shall mean any substance that is toxic, ignitable, reactive or
corrosive or that is identified or defined as hazardous by any local government, the state of Iowa, or
the United States government as such identification or definition may be amended during the term
of this agreement. The term includes, but is not limited to, all hazardous wastes, hazardous
materials, regulated substances, asbestos, polychlorinated biphenyls (PCB), urea formaldehyde,
flammable explosives, radioactive materials, solid waste, oil, petroleum, and petroleum products.
1.4 "Closing Date" shall mean the date for the exchange of deeds which shall take
place upon the satisfaction of all conditions of this agreement but no later than the date of closing
of the Eagle Agreement with the City.
1.5 "Parcel A" shall mean the real estate owned by Developers and described in Exhibit
A.
1
1 .6 "Parcel B" shall mean the real estate owned by City and proposed for acquisition by
City and described in Exhibit B.
1.7 "City Improvements" shall mean the excavation and filling of a portion of Parcel B
and the construction of a proposed City street, including sanitary sewer and water mains to be
constructed at the expense of City as described in Section 6 hereof.
Section 2. PRELIMINARY ACTIONS
2.1 Environmental Review. City shall furnish Developers with an environmental audit
report from an engineering or other firm acceptable to Developers which shall report that, after
appropriate investigation by such firm, there is no apparent or likely contamination of the City's land
to be conveyed to Developers or of the Seller's land to be conveyed to City by any Hazardous
Substance.
2.2 Timing and Costs. City shall obtain the environmental audit report within twenty
days after the date hereof. The cost of obtaining the environmental audit shall be paid by City.
2.3 Riaht to Withdraw coon Review. In the event any contamination by a Hazardous
Substance is identified or suspected as a result of said environmental audit, Developers or City may,
at their discretion, revoke this contract by written notice to the other within fourteen (14) working
days after receipt of the report. Said revocation shall relate back to the moment of acceptance.
Section 3. CONVEYANCE TO CITY
3.1 Delivery of Deed. On the Closing Date, Developers shall convey title to Parcel A
to City subject only to easements, restrictions, conditions and covenants of record.
2
3.2 "As is" Condition, Developers are transferring the real estate to City, in its "AS
IS" and "WITH ALL FAULTS" condition and Developers have not made and will not make any
warranties or representations with respect to the physical condition of the real estate. City agrees
that it has been given full and ample opportunity to inspect the real estate and that in acquiring the
real estate City shall be relying totally on its own investigations and inspections. City will, at its
own expense, and based on its own investigation satisfy itself as to any environmental questions.
Developers make no representations of any type relative to the environmental condition of the land.
3.3 Continuation of Abstract. Developers shall furnish and deliver to the City of
Dubuque an abstract of title continued through the date of this Agreement showing merchantable
title to Parcel A in Developers. City agrees to pay the cost of abstract continuation. Developers
agree to obtain court approval of this contract, if requested by City, if title to the real estate
becomes an asset of any estate, trust, conservatorship or guardianship.
3.4 Payment of Taxes and Assessments. Developers agree to pay all liens and
assessments against the real estate, including all taxes and special assessments payable until
surrender of possession as required by Section 427.2 of the Code of Iowa.
3.5 Form of Deed. Developers shall deliver to City Developers' duly recordable Warranty
Deed to Parcel A in a form satisfactory to City.
3.6 Payment of Survey and Platting Exnenses- All expenses in connection with the
surveying, platting, recording of Parcel A shall be paid by City.
Section 4. CONVEYANCE TO DEVELOPERS
4.1 Delivery of Deed. On the Closing Date, City shall convey title to Parcel B to
Developers subject only to all easements, restrictions, conditions and covenants of record.
3
4•2 Subject to City's acauisition of all required oarcels. It is hereby acknowledged by
the parties that a portion of the property included in Parcel B is not owned by City at the time of
this Agreement. City shall use its best efforts, including the exercise of eminent domain powers, if
necessary, to acquire that portion for the purpose of conveying the same to Developers. This
Agreement shall be subject to the City's acquisition of all property included in Parcel B.
4.3 "As is" Condition. City is transferring Parcel B to Developers, in its "AS IS" and
"WITH ALL FAULTS" condition and City has not made and will not make any warranties or
representations with respect to the physical condition of Parcel B. Developers agree that they have
been given full and ample opportunity to inspect Parcel B and that in acquiring Parcel B Developers
shall be relying totally on their own investigations and inspections. Except a provided in Section 2
Developers will, at their own expense, and based on its own investigation satisfy itself as to any
environmental questions. City makes no representations of any type relative to the environmental
condition of the land.
4.4 Continuation of Abstract. City shall furnish and deliver to Developers an abstract of
title continued through the date of this Agreement showing merchantable title to Parcel B in City,
City shall pay the cost of abstract continuation.
4.5 Payment of Taxes and Assessments City agrees to pay all liens and assessments
against the real estate, including all taxes and special assessments payable until surrender of
possession as required by Section 427.2 of the Code of Iowa.
4.6 Form of Deed. City shall deliver to Developers City's duly recordable Warranty Deed
to Parcel B in a form satisfactory to Developers. The deed to Developers shall be an undivided
3/5ths to John P. Mihalakis and an undivided 2/5ths to Richard L. Billmeyer, as tenants in common.
4
4.7 Payment of SLrvav anri Pratt:_., n ..,onses. All expenses in connection with the
surveying, platting, recording of Parcel B shall be paid by City.
Section 5. TAX-FREE EXCHANGE
5.1 City and Developers agree that the respective values of the lands to be exchanged
under this contract are equal. .
5.2 City and Developers agree that both are entering into the Agreement on an arms -
length basis and are not otherwise compelled to enter into the same.
5.3 This Agreement is intended to qualify as a tax free exchange of lands to Developers
and any provision of this contract that is inconsistent with that intention shall be of no force or
effect.
Section 6. CITY IMPROVEMENTS
6.1 Excavation and Filing of Parcel B. As soon as weather and soil conditions permit,
City agrees at its expense to excavate and fill in accordance with generally accepted engineering
practices, a portion of Parcel B. As part of the excavation, City shall remove the silt and muck so
as to prepare the real estate for filling and building construction. The portion of Parcel B to be
excavated and filled with sand shall be 200 feet in depth and not less than 612 feet in length,
parallel and adjacent to the full length of the new public street to be constructed as shown by
Exhibit "B". Upon completion of excavation as aforesaid, City shall fill the excavated area with sand
to the depth and of the same quality as the filling performed by City on the land to be conveyed to
Eagle Window & Door Company. The length of the 200 foot wide strip to be excavated and filled
5
by City shall be not less than 612 feet in length and may be more depending upon exact
measurement after construction of the City street. All of the excavation and filling work and street
construction work described in this agreement shall be at the expense of City and at no cost to
Developers. The excavation and filling by City shall be in accordance with Kerper Blvd. Industrial
Park Site Grading and Storm Sewer Plan prepared by IIW Engineers and Surveyors dated July 11,
1997. Developers agree that City will be unable to do the excavating and filling work until weather
and ground conditions permit and that there could be a delay of 1 to 2 years in completing the
work. However, City agrees to do this work as soon as the conditions permit. City agrees to, at its
expense, cover the area of Parcel B north or the approximate top of slope but not included in the
portion to be excavated and filled as previously described in this paragraph with 2 feet of sand.
This provision relates to the muck and mud which is not going to be removed by City, This work
will be completed by City as soon as ground and weather conditions permit.
6.2 Construction of Street. City shall construct a public street adjoining the north
boundary of Parcel B as per preliminary plans by IIW Engineers on or before December 15, 1999,
6.3 Construction of Sewer and Water Stub Lines. City further agrees to stub one water
and one sewer line into Parcel B from the water and sewer lines to be constructed by City under the
new City street, so that Developers need not cut into or dig up the new City street when
Developers wish to begin construction on Parcel B.
6.4 Fenaler Street Overoass Construct ittr,n R lat � Actions, As further consideration
for this tax-free exchange of lands, City agrees as follows:
6.5 evard Storm Sewer Trunk Line. City will pay to
Developers the sum of $20,000.00 to assist Developers in extending the Kerper Boulevard storm
9
sewer trunk line adjacent to Kerper Boulevard. Developers will be responsible for the construction
of the storm sewer trunk line. The $20,000.00 City payment will be made to Developers upon
completion of the work by Developers' contractor.
6.6 Fengler Street Overpass. City has advised Developers that the Fengler Street
overpass bridge will be reconstructed by City. City has further advised Developers that at such time
as the Fengler Street bridge is reconstructed City will close the existing curb cut from Kerper
Boulevard entering Developers' building location at the foot of Fengler Street.
City agrees, however, at the time of rebuilding of the Fengler Street bridge, to open the
Kerper Boulevard median to two lanes of traffic directly opposite Developers' existing southerly
most curb cut entering Developers' parking lot at its current building location so that at no time will
Developers be without access to Kerper Boulevard.
Upon completion of the Fengler Street bridge, City will grant to Developers a right-of-way
easement approximately 24 feet in width (this is an estimate only; City agrees to give Developers
the maximum easement width available after completion of the Fengler Street overpass) measured
from the Northerly side of Developers' building and extending from the intersection of Kerper
Boulevard and Fengler Street along the Northerly side of Developers' building, running the full depth
of Developers' real estate with City retaining the right to come upon the right-of-way for
maintenance work on the Fengler Street bridge and fill. Developers shall also be entitled to use this
right-of-way for parking purposes for Developers and their customers and tenants.
Section 7. USE OF PROPERTY BY DEVELOPERS. Developers agree that the following
conditions shall apply to the development and use of Parcel B:
7
7.1 Use of Groundwater Prohibit d. The use of groundwater from the property is
prohibited as per the Risk -Based Evaluation for Planning and Development prepared by Terracon and
dated March 16,1998.
7.2 Construction Procedures.. All construction activities shall require the implementation
of dust control procedures, address issues of soils removed from excavations for off -property
disposal and include these findings in contractor health and safety plans.
7.3 Operations Within Enclosed Quit ings. All operations and activities (other than
construction) shall be conducted or maintained within completely enclosed buildings, except for off-
street parking and loading facilities.
7.4 Exterior Storage:
No exterior storage shall be permitted on the property other than exterior trash
collection areas as described in Section 7.5.
(1) The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses of the lot.
(2) The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening and this area shall be a considered a building -related feature
for purposes of calculating total land area coverage.
(3) Exterior trash collection areas shall be located in rear or side yards only.
(4) All exterior trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level outside the line of the screen.
Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed
8
materials used to construct the opaque screen shall be similar in appearance to materials used for
exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate
or door of similar design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection area from view from
points inside or outside of the property, evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and designed so that they will screen the
area from all off -site visibility within five (5) years.
Section 8. MISCELLANEOUS
8.1 Binding on Successors. This Agreement shall apply to and bind the legal successors
in interest of the Developers
8.2 Final Aporoval of City Council. This Agreement shall be subject to the final
approval by the City Council of the City of Dubuque, Iowa,
8.3 Aareement with Eagle Window and Door. This Agreement shall be subject to
execution of a development agreement between the City and Eagle Window and Door Company
(Eagle Agreement) for the purchase and development of an adjacent parcel in the Kerper Boulevard
Industrial Park Economic Development District. Developers and City acknowledge that the land sale
contemplated by the Eagle Agreement may not close until June 30, 1999 and that Eagle Window or
its Developer may desire access to the parcels shown on Exhibit "A" prior to such closing.
Developers therefore agree that the City shall have the right to negotiate an agreement with Eagle
Window permitting Eagle Window or its Developer access to the parcels shown on Exhibit "A" prior
to the closing of the Eagle Agreement for site preparation, provided that such agreement shall
9
require Eagle Window or its Developer, in the event that the land sale contemplated by the Eagle
Agreement does not close by June 30, 1999, to restore the parcels, by August 1, 1999, to their
condition prior to such site preparation.
8.4 Urban Renewal Rea uirements. This Agreement and the disposition of City's real
estate shall be subject to the requirements of Iowa Code Chapter 403.
8.5 Entire Agreement. This Agreement constitutes the entire agreement between City
and Developers and there is no agreement to do or not to do any act or deed except as specifically
provided for herein. Each page and each attachment is by this reference made part hereof and the
entire agreement consists of eleven (1 1) pages.
8.6 Rescission of Prior Aar anent. Upon execution by the parties and approval of this
Agreement by the City Council of the City of Dubuque, Iowa, the previous agreement between the
parties for the exchange of lands dated September 30, 1997, is automatically rescinded. However,
if the agreement between Eagle Manufacturing and its developer and the City of Dubuque does not
close according to the terms of that agreement, the previous agreement referred to in this paragraph
will be reinstated.
8.7 Declaration of Val L Fxemotion. Parcel A is being acquired for public purpose and
the transfer to City from Developers is exempt from the requirements for the filing of a Declaration
of Value by Section 428A.1 of the Code of Iowa.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name
10
and behalf by its Mayor and attested by its City Clerk, and Developers have caused this Agreement
to be executed in person on or as of the date first above written.
DEVELOPERS
>^
hnP Mihaiakis 484- 4-8446
L� ��
etha A. Mihalakis
rd L. Billmeyer 4
CITY OF DUBUQUE, IOWA
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SHEETINDEX
SUBJECT TO EASEMENT FOR RAILROAD PURPOSES
PER INSTRUMENT NUMBER 17437-98,
FLOOD CONTROL EASEMENT PER
INSTRUMENT NUMBER 7298-72.
AND ALL OTHER EASEM S CCJtFC. )
\\\\ jLUi,jpr�
8607-99 99 MAY 24 PH 1 t 45
MATH" "L YH: 116RL0'il
CoutI Y RECORDER
DUBUQUE CO.. IOVIA FEES
FINAL PLAT l�oo
LOTS 1 THRU 5 AND LOTS A AND B OF
KERPER INDUSTRIAL PARK
IN THE CITY OF DUBUQUE, IOWA
RECORD DESCRIPTION:
HEARTLAND PLACE, LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 1 OF
KERPER INDUSTRIAL SUBDIVISION NUMBER ONE, LOTS 1 THRU 3 AND PART
OF LOT 4 OF FDL FIRST ADDITION, LOT 1 OF BLOCK 8 OF DUBUQUE
PACKING COMPANY ADDITION, AND LOT 1 OF 2 OF RIVER FRONT
SUBDIVISION NO. 4, ALL IN THE CITY OF DUBUQUE, IOWA
RECORD PLATS:
HEARTLAND PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA,
INSTRUMENT NUMBER 17437-98
LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 1 OF KERPER INDUSTRIAL
SUBDIVISION NUMBER ONE IN THE CITY OF DUBUQUE, IOWA, INSTRUMENT
NUMBER 7634-87
LOTS 1 THRU 3, AND LOT 4 (EXCEPT I.D.O.T. RIGHT-OF-WAY) OF FDL
FIRST ADDITION TO THE CITY OF DUBUQUE, IOWA,
INSTRUMENT NUMBER 5341-84
LOT 1 OF BLOCK 8 OF DUBUQUE PACKING COMPANY ADDITION AND LOT 1
OF 2 OF RIVER FRONT SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE,
IOWA, INSTRUMENT NUMBER 2623-72
AFFIDAVIT CORRECTING HEARTLAND PLACE,
INSTRUMENT NUMBER 3415-99
NOTE: BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE 0% KERPER
BOULEVARD, WHICH BEARS SOUTH 14 DECREES 46 MINUTES 14 SECONDS EAST.
I HEREBY CERTIFY THAT THE SURVEY WAS DONE AND THIS PLAT WAS
1101W-1
MADE BY MEOR UNDER MY DIRECT PERSONAL SUPERVISION
"„11 „
AND THAT AM A DULY LICENSED LAND SURVEYOR U..OG.
``* •� *�%
THE .AWS CF THE STA"E OF IOWA.
_ JOHN M.
- TIiAYMER - =
FOR 0W ENGINEERS AND SURVEY P.C.
=n >
^ W
3
%
GATE
pi �f0 L'AND SJ��`
LICENSE N0. 12631 MY LICENSE RENEWAL DATE IS 12/31/2000
PAGES COVERED BY THIS CERTIFICATION I THRU 5
PROPRIETORS: CITY OF DUBUQUE
JOHN P. MIHALAKIS
RICHARD L. BILLMEYER
AREA SURVEYED: 51.487 ACRES
PROPERTY LINE
® IIW ENGTNEERS &
FOUND 5/6' IRON ROD W/
SURVEYORS, INC.
CAP NO. 12631 OR AS NOTED
Iowa, 111inois. Yi "..Cnsin
FOUND I.IRON PIPE
4155 Pennsyfw a Ave.
O
SET 5/6' IRON ROD W/
Dubugue, IA 52002
CAP NO. 12631
319.SS6.Za64
®
SET NALL W/ WASHER
NO. 12631
Guttenberg. IA • Hozel Green, WI
®
FOUND CUT 'i'
DRAWN SLM
°LAT_ NO. 21-IA--_
( )
RECORD D'MENSION
CHECKED JMT
LATE 1 APR 99
[-1\97\006-03\SUR\SDSI(\070-6&I.DWC
PRO - NO. 97070-'
SHEET 1 o_f_E'/2
R.O.W.
RIGHT-OF-WAY
666; 62:22:91 02 6eH nul 6NP'T[BO-OLO\Isps\LIns\£0-900\L6\.-d
r-
PREPARED 91 IIW NGIVEERS & SURVEYORS P.C. 4155 uENNSYLVAN.A ANE. UJBUOUE, OWA, 319.556.2464
JAEGER'S
SUBDIVISION
\
LOT 3 LOT 1-2
LOT I
I- or'D
LOT
2-2 T
\
RIVER FRONT RIVfN FRONT
SUBOVASION NO. 9 N 50'l0'07" E SUBDIVISION NO. 4
S 9'43'�4" EI
74.10' Cl
59 3
S 55'04'31 "
�
- �—
— 149.00'
S 59'47'52" E 336.88'
5.32'—�
j
40.26'
(148.68')
N 07'S8'30 W
LOT 1, BLOCK a
m (40.28')
14.45 ('4.40') OUBUQUE PACKING
iB.
3'�
f6
m
LOT 2-i
\
\ LOT4 COMPANY ADDITION
0�
24o.aa' (zao.3a')
1.067 ACRES Lri
2� G
'
Ic „6Ko
265.39'
ap0�
— RD , 01
a FL
24.95 I D"" 9 _
S 5T28'39" E � 1784' � � LOT + S� J 9'PO
26'
2
Y
w�
FM
N
N
N
W
iN
M
IO
M
5�- r24
LOT 3 F'
II �
KERPER / 60, C9�
1 INDUSTRIAL
1 SUBDIVISION
} NUMBER ONE \
1 LOT 2
\ LOT 4
1
� I
\ FDL FIRST ADDITION
\ \ I
\ LOT 33 \
\ 27.081 ACRES
HEARTLAND
PLACE
\ LOT 1-1 \
/ \ \
7s \
fie• \
98l
LOT 2 ��
12.831 ACRES
FINAL PLAT
KERPER INDUSTRIAL PARK °��` 1cc z c 0IN THE CITY OF DUBUQUE, IOWA SCALE: 1`='00'
LOT 1-1
KERPER INDUSTRIAL
SUBDIVISION NUMBER ONE
®IIW ENGINEERS &
SURVEYORS, LNC.
Iowa, illmocs. Wisconsin
4155 Awe.
DIm�Nee. IA 52002
319.556. 2464
Gulten6erg, IA Hazel Geer., W.
PLAT NO. r21-I4-r
:ICED JNT PROD. N0.97D70
-- nPR 99 SNEI:T 2 01 S!
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PREPARED BY: IIW ENG NFFRS & SURVEYORS ".C. 4155 PENNSYLVANIA AVE. DUBJOUE. DINA. A- 55F. —,
\ N 57'07'40" E
26.64'
\ PART OF LOT 4
FOL FIRST ADDITION
N 75'09'24" E
53.79'
L6 T 3
27.081 \ACRES /
/
I
A.
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N 75'09'24" E = 0�2
62.05' A F
,
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SUBDIVISION
LOT 1-1
KERPER INDUSTRIAL \v
NUMBER ONE %
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EASEMENT / v��•
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N 11'34'25" W
95,0B.
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PART OF LOT 1. BLOCK 5
DUBUQUE PACKING
\
50
COMPANY ADDITION
\
75 �?� tiQry 9 Oac/
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h fps `` Pyt p0/
/ems
LOT 2
12.831 ACRES
®IIW ENGINEERS &
SURVEYORS, INC.
FINAL PLAT 1-0,I Ills"I=. wl=
4155 Pennsyv n:" Ave$1n
1GC 200 DUbUgUe.IA 52OD2
KERPER INDUSTRIAL PARK319.556.2A6�
IN THE CITY OF DUBUQUE, IOWA SCALE: r'='00' G"11<nber9. H.—I G.een. W1.
DRAWN_ SLH PLAT NO. 21-IA-99
CHECKED JM _ PRC� KO 97070-08 _
DATE t APR 99 SHEET 3 of -ald
P:\97\006-03\SJR\SDSK\070-08LI.DWG
6661 L9 62 St 02 APW n4l 6np 1T80-01Wsps\JnS\E0-900\16\ d
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PLNNS`LVANIA AVE. DUBUQUE. OWA. 319.556.Z464
LOT 3
\ 27.081 ACRES
N�s,
LOT t-I
/
98 O'gQ KERPER INDUSTRIAL
/
N
(\>9�•
SUBDINSION NUMOER ONE
/
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HEARTLAND GLACE
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LOT 2
12.831 ACRES
Ap
//
1
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26'
///•AQryTpCAP
TO
S 56'22'16" W
-
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tit t1 ,0,
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59.05'
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EASEMENT
PER THIS PLAT
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mot,\
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qp PART OF LOT 1, BLOCK 5
C7 BUDiiGBE PACKING COMPANY ADDITION
/ SO4
.
/ ,
S 23'58'36" E
1
31.54'
�.T66sr
S 23'58'36" E1
/ 81.93' i
R8
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FINAL PLAT '�-� '°I" _ `°I°°""° _
4155 P--,s ve. ... i. A
100 Z0V'"
KERPER INDUSTRIAL PARK a�" OuO319.556.246a002
SCALE: 1"=100' G..tt—b-g, IA .-I C-« WI THE CITY OF DUBUQUE, IOWA DRAWN SLH PLAT NO. 21-!A-99
CHECKED XIT PRCJ NO. 97070-08
DATE I APR 99 SF_Ei 4 -t e
P:\97\006-03\SUR\SDSK\070-OBLI C+IC
6661 726i S[ OE AN n4i 6n1P'[[BO-OLO\NSPS\JnS\EO-900\L6\ d
PREPARED BY: IIW ENGINEERS 4 SURVEYORS P.C. 4155 PENNSYI_VANIA AVE. DUBUQUE. IOWA_ 3i'I". -64
{
C'Q �.
ao�o� LOT A
3.870 ACRES
FOTO (KERPER COURT)
L1
00
q
I --/-- LOT 2 CE VACATED E. 1916 ST.
00
Ih
BETWEEN E. LIKE OF MIN. LOT 106 A'
W. UNI CRICINAL S'CAMO'E ST. EXTENOEO
In
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uj
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o
2
L3
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N1
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L4
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- LOT 2-3, BLOCK 2
80'
Ln i
RAILROAD ADOIRON
it
w
Of
LOT 1-I-4, BLOCK 2
RAILROAD AOOTRON
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
DIRECTION
CHORD
C7
79.10
1031.59
04'23'36"
39.57
S 12'34'28" E
79.08
C2
60.54
462.50
07'30'00"
30.31
N 62*45*28" E
60.50
C3
226,62
542.50
23'56'03"
114,99
5 6 '11' " W
224,98
C4
491.88
604,00
46'39'36"
260.50
S 01'35'39" E
478,40
C5
158.35
604.00
15'01'17"
79.63
S 17'24'49" E
157.90
C6
333.53
604.00
31'38'19"
171.13
4'59" W
329.31
C7
307.21 1
877.30
20'03'50"
155.20
S 20'28'37" W
305.65
C8
446.29
917.30
28"10'59"
227,76
S 09'39'07" E
44t.81
C9
70.36
537.50
D7.30'00"
35.23
N 6245'28" E
70.31
C70
130.36
462.50
16'08'S8"
65.61
S 67'04'57" W
129.93
i 1 V L7
! Q t LOT 2-5. 9LOCK 7
RAILROAD ADDITION
! O 1L12 PART OF LOT 1. BLOCK 3
17 1 DUBUQUE PACKING COMPANY ADDITION
LOT A OF
M!N. LOT 106
L
L10
LOf 2-1-JO4
!��
C 7
AST DUBUQUE NO 1
1 LOT 7-2-305
L11 EAST DUBUQUC NO, 2
LOT 2-1 of vac. MAPLE" sr.
NORTH OF 181h ST.
L12 L S 14'00.46" A 5.57'
Lor i-B-T-Jos
L13` LOT 30AA� LOT JOOC
EAST DUBUQUE NO. 2
L14 �7 LOT of
LOTS 300 00
N 25'12'42" E
N 8: 301
-
98.17' \
t L,9
LINE TABLE
LINE
LENGTH
BEARING
L1
67.02
S 58'29'11" W
L2
50.00
S 54•46'08" W
L3
50.00
S 50'0 '08" W
L4
50.00
S 41' '0 " W
L5
49.96
S 3848'08" W
L6
50.00
S 3454'38" W
L7
50.00
S 32'21'13" W
LB
50.00
S 295347' W
L9
50.00
S 28'48'33" W
L10
50.00
S 28*1'42" W
L11
50.00
S 27'04'17- W
L12
50.00
S 21'55'04" W
L13
45.59
S t 'S '00" w
L14
50.00
5 10'$8,11" w
L15
50.00
5 1 '44" W
L16
50.00
S 07'06'S5" W
L17
49.98
S 03'23'22 W
1-18
20.00
IS 6 ' 4' 2" W
\ 1
1 L16 ,
� L 17 ` ON / otM1ao /
L18
EAST DUBUQUE NO. 2
q MAN TRACK I k M RML LINK \
20'
Ss� AS ALLEY IN
EAST DVBUOUE�-
\ p NO 2
�Y2 --- S 66'27'56" W
81 .1 7'
®IIW ENGINEERS &
SURVEYORS, INC.
FINAL PLAT 1e.a. 111t"ol=. w;,e,,,s;.,
4155 P-.),t-i. Ave.
Dubu52002
KERPER INDUSTRIAL PARK lm --- � N�a� 3cue, 19.55IA 6.2464
IN THE CITY -OF DUBUQUE, IOWA SCALE: 1"=100' S,H. G�Il, IA H02e1 Green, Ya .
DRAWN SAP._ I PL9T VO. 1-Iq-99
6661 5E:7I:9I 02 Aew nU1 6MD'I[00-0C0\>sDs\Jns\£0-500\L6\ d
Sheet 6 of
SURVEYOR'S CERTIFICATE
I, John M. Trimmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
Heartland Place, Lots 1 and 2 of the Subdivision of Lot I of Kerper Industrial Subdivision Number One,
Lots l thru 3 and Part of Lot 4 of FDL First Addition, Lot I of Block 8 of Dubuque Packing Company
Addition, and Lot t of 2 of River Front Subdivision No. 4, all in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lots 1 thru 5 and Lots A and B of Kerper Industrial Park in the City of Dubuque, Iowa,
containing 51.487 acres, more or less, and subject to easements, reservations, restrictions, and rights -of -
way of record and not of record, the plat of which is attached hereto and made a part of this certificate.
All monuments were placed or shall be placed within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the
related survey work was performed by me or under my direct personal
W .,
supervision and that I am a duly licensed Land Surveyor under the laws of the
q * ;
State of Iowa.
-z
"M u-
_ rRANWR -
s ie '2631 = =
FOR ITW ENGINEERS AND SURVEYORS, P.C.
99
Joh M. Trimmer Date
License Number 12631
SEAL
My license renewal date is December 31, 2000
Pages or sheets covered by this seal: Surveyor's Certificate Only
OWNER'S CONSENT
Dubuque _, Iowa April 19 _ _ 19-7Q
The foregoing plat of Lots 1 thru 5 and Lots A and B of Kerper Industrial Park in the City of Dubuque,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and
proprietors of said real estate. We hereby dedicate Lot A for roadway and utility purposes to the public.
!' FOR THE C Y OF DUB UE, IOWA
r 5 �_C . Te Duggan ayor
BY
LI,
Mary Dav' ,City Clerk --- —
State of Iowa )
) ss:
County of Dubuque )
On this 19 day of April , 1999 before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Terrance M. Duggan and Mary A. Davis, to me
personally known who, being duly sworn did say that the said Terrance M. Duggan is Mayor and the said
Mary A. Davis is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above
instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and
sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council.of said city, and the
said Terrance M. Duggan and Mary A. Davis acknowledged the execution of said instrument to be the
voluntary act and deed of said City of Dubuque, Iowa/by it volunta"N'executed.
Witness my hand and notarial seal on the date h�, Ve rittel4:,;'L��i-.- ,! .,
My Commi f<&t P"ire .
r
Sheet 7 off
OWNER'S CONSENT Q
Iowa 119 /"�
The foregoing plat of Lots 1 thru Sand Lots A and B of Kerper Industrial Park in the City of Dubuque,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and
proprietors of said real estate. We hereby dedicate Lot A for roadway and utility, purposes to - a public.
#ohn
- - BY /!
tvlihalakis Richard L. Billmeyer l/
State of Iowa )
ss:
County of )
On this U day of A.D. 19� be f re e, a Notary Public in and for said
state, personally appeared l t ��__ s to me known to be the person amed in and who execut the foregoing instrume ckno�y.letlgei
that they executed the same as their voluntary act and de
No ry Public in the State of owa
b y Commission Expires v2—J`t—�; •.,_;`
COUNTY TREASURER
Dubuque, Iowa
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hemthit_ all tames
�.�
levied against Heartland Place, Lots I and 2 of the Subdivision of Lot 1 of K, in¢ti I S Adjvesldn
Number One, Lots 1 thru 3 and Part of Lot 4 of FDL First Addition, of .Du6uque
_.
Packing Company Addition, and Lot 1 of 2 of River Front Subdivision_No `oil inch Qf Dubagpe;
Iowa. have been paid and said real estate is free and clear of all taxes as oott i1S,,-Sge.
•�-G�-4.Ko.N� e�' -ems __ -_ _
Treasurer of Dubuque County, Iowa
RECORDER'S CERTIFICATE
Dubuque, Iowa MAY 2 4 1999 19
The foreoi plat of tots 1 thru 5 and Lots A and B of Kerper Industrial Park in the City of Dubuque,
fovea has bi�ea'reYiewed by the Dubuque County Recorder.
__ <• "`-
------ KA MPMWILOW, DU RECORDER
Recorder of D uque County, Iowa(
ATTORNEY'S OPINION
Dubuque, Iowa
TO WHOM IT MAY CONCERN
May 7, 1999
This will certify that I have examined the abstract of title
covering Heartland Place, Lot 1 of the Subdivision of Lot 1 of
Kerper Industrial Subdivision Number One, Lot 3 and Part of Lot 4
of FDL First Addition, all in the City of Dubuque, Iowa, according
to the plats thereof covering the period from government entry to
March 8, 1999, certified on that date by Abeln Abstract & Title
Company, and find that said abstract shows good and merchantable
title to said real estate in the City of Dubuque, Iowa, free and
clear of all liens and encumbrances and shows axes paid, including
taxes for the year 1997-98. 71
Attorney at Law
is
Sheet 8 oY8
CITY ZONING COMMISSION
Dubuque, Iowa
- M ___,1999
The foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of _ hereof, is hereby approved
by the City of Dubuque Zoning Commission and approval of said a by the City Council of the City of
Dubuque, Iowa, is hereby recommended. A K"II
Chairman, Dubuque Zoning Commission
CITY COUNCIL
Dubuque, Iowa April 19 19 99
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, as appears on Sheet I of 8 hereof has been filed in the office of the Clerk
of the City of Dubuque, and that by Resolution No. 165— 9 the Dubuque City Council approved
said plat.
Teryince M. Duggan
Mayor of the City of Dubuque
Mary A. Wis
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowi .
The foregoing plat was entered of record in the office of the Dubuque County Auditor this 4- 1
day of
191.1
;� Cky�A.dit.,of Dubuque C nty, Iowa
.r
CITY ASSESSOR
Dubuque, Iovba -� el 19 9f
The foregoing plat was entered of record in the office of the Dubuque City Assessor this 25�
day of 1994
City Assessor of Dubuque, Iowa
OWNERS CONSENT
Dubuque, Iowa
May 11, 1999
The foregoing plat of Lots 1 thru 5 and Lots A and B of Kerper Industrial Park in the City
of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owners and proprietors of said real estate. We hereby dedicate Lot A for roadway
and utility purposes to the public.
I'
B : By /
Letha A. Mihalakis, Wife of Cy thia A. Billmeyer, Wife of
John P. Mihalakis Richard L. Billmeyer
STATE OF IOWA )
} ss:
COUNTY OF DUBUQUE )
On this /a ca day of May, 1999, before me, a Notary Public in and for said state,
personally appeared Letha A. Mihalakis, Wife of John P. Mihalakis, and Cynthia A. Billmeyer,
Wife of Richard L. Billmeyer, to me known to be the persons named in and who executed the
foregoing instrument, and acknowledged that they executed the same as their voluntary act and
deed. y
otary Publi 11091ate of Iowa
My Commission Expires: 6 -/S- 9 9
ATTORNEY'S OPINION
Dubuque, Iowa
TO WHOM IT MAY CONCERN
May 11, 1999
This will certify that I have examined the abstract of title covering Lot 2 of Lot 1 of
KERPER INDUSTRIAL SUBDIVISION NUMBER ONE, Lot 1 of Lot 2 of RIVERFRONT
SUBDIVISION NL'MBER 4; Lot 1 of Block 8 of DL'BUQUE PACKING COMPANY
ADDITION; Lot 1 of FDL FIRST ADDITION; Lot 2 of FDL FIRST ADDITION, all in the City
of Dubuque, Iowa, according to the respective recorded Plats thereof, from government entry to