Kwik Trip, Inc. Clarification of Use Restrictions at Lot 2 of Kerper Industrial Park No. 2City of Dubuque
City Council Meeting
Consent Items # 027.
Copyrighted
December 19, 2022
ITEM TITLE: Kwik Trip, Inc. Clarification of Use Restrictions at Lot of Kerper
Industrial Park No. 2
SUMMARY: City Manager recommending City Council approve the Clarification of
Use Restrictions for Real Estate at Lot 2 of Kerper Industrial Park No. 2.
RESOLUTION Approving the Clarification of Use Restrictions at Lot 2
of Kerper Industrial Park No. 2
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Clarification of Restrictions at Lot 2 of Kerper Industrial City Manager Memo
Park No. 2-MVM Memo
Memo
Resolution
Staff Memo
Resolutions
Clarification of use restrictions Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Kwik Trip, Inc. Clarification of Use Restrictions at Lot 2 of Kerper Industrial
Park No. 2
DATE: December 15, 2022
Senior Counsel Barry Lindahl is recommending City Council approve the Clarification of
Use Restrictions for Real Estate at Lot 2 of Kerper Industrial Park No. 2.
Kwik Trip, Inc. is purchasing the Real Estate from John P. Mihalakis and Richard L.
Billmeyer for development as a fuel station and convenience store. Kwik Trip, Inc. has
requested that the City clarify that the use restrictions permit 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.
The attached Clarification of Use Restrictions makes that clarification. In all other
respects, the use restrictions will continue in full force and effect.
The City also will be extending the use restrictions for an additional 21 years as
permitted by Iowa law. This Clarification of Use Restrictions is given on the condition
that Kwik Trip, Inc. will not object to the City filing the appropriate document to extend
the use restrictions for an additional period of 21 years, and in the event Kwik Trip, Inc.
objects to such filing, then this Clarification of Use Restrictions shall be null and void.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Wally Wernimont, Assistant Planner
THE C
DUj!BaFE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: December 14, 2022
Dubuque
All•Merica Cif
M1.tiift'�Al.i A'A'.If-,v. AA-
2007-2012.2013
2017*2019
RE: Kwik Trip, Inc. Clarification of Use Restrictions at Lot 2 of Kerper Industrial
Park No. 2
The City of Dubuque and John P. Mihalakis and Richard L. Billmeyer entered into an
Agreement for the Exchange of Land dated February 15, 1999, pursuant to which John
P. Mihalakis and Richard L. Billmeyer acquired Lot 2 of Kerper Industrial Park No. 2 from
the City. The Agreement included certain restrictions on the use of the Real Estate at Lot
2 of Kerper Industrial Park No. 2, in particular outdoor storage, which apply to any
subsequent purchaser of the Real Estate.
Kwik Trip, Inc. is purchasing the Real Estate from John P. Mihalakis and Richard L.
Billmeyer for development as a fuel station and convenience store. Kwik Trip, Inc. has
requested that the City clarify that the use restrictions permit 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.
The attached Clarification of Use Restrictions makes that clarification.
In all other respects, the use restrictions will continue in full force and effect.
The City also will be extending the use restrictions for an additional 21 years as
permitted by Iowa law. This Clarification of Use Restrictions is given on the condition
that Kwik Trip, Inc. will not object to the City filing the appropriate document to extend
the use restrictions for an additional period of 21 years, and in the event Kwik Trip, Inc.
objects to such filing, then this Clarification of Use Restrictions shall be null and void.
I recommend that the Clarification of Use Restrictions be submitted to the Mayor and
City Council for approval.
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
BAL:JLM
Attachments
cc: Crenna Brumwell, City Attorney
Wally Wernimont, Assistant Planner
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 tsteckle@cityofdubuque.org
Prepared by Barry A. Lindal, Esg. 300 Main St., Ste. 330 Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 389-22
APPROVING THE CLARIFICATION OF USE RESTRICTIONS AT LOT 2 OF KERPER
INDUSTRIAL PARK NO. 2
WHEREAS, the City of Dubuque and John P. Mihalakis and Richard L. Billmeyer
entered into an Agreement for the Exchange of Land dated February 15, 1999, pursuant
to which John P. Mihalakis and Richard L. Billmeyer acquired Lot 2 of Kerper Industrial
Park No. 2 from the City; and
WHEREAS, the Agreement included certain restrictions on the use of the Real
Estate at Lot 2 of Kerper Industrial Park No. 2, in particular outdoor storage, which apply
to any subsequent purchaser of the Real Estate; and
WHEREAS, Kwik Trip, Inc. is purchasing the Real Estate from John P. Mihalakis
and Richard L. Billmeyer for development as a fuel station and convenience store; and
WHEREAS, Kwik Trip, Inc. has requested that the City clarify that the use
restrictions permit 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
WHEREAS, the attached Clarification of Use Restrictions makes that clarification;
and
WHEREAS, the City Council finds that the Clarification of Use Restrictions should
be approved; and
WHEREAS, in all other respects, the use restrictions will continue in full force and
effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
1. The Clarification of Use Restrictions is hereby approved.
2. The Mayor is authorized and directed to sign the Clarification of Use Restrictions
on behalf of the City of Dubuque.
Passed, approved, and adopted this 19th day of December, 2022.
1
Attest:
Gil
Adrienne N. Breitfelder, City Clerk
FirstAmencan Tithe Insurance Company
si '"Qp+t 12212th Avenue
St. Cloud, MN 56303
t\ h FustAmerican-itle Phn - (320)253-2096
Fax - (320)258-3536
To:
Attn:
From:
Dated:
TRANSMITTAL SHEET
City of Dubuque
50 W. 13th St.
Dubuque, IA 52001
Adrienne N. Breitfelder, City Clerk
Policy Department
02/13/2023
Enclosed are the following items:
[ ] Mortgage Deed
[ ] Deed
[ ] Assignment of Mortgage
[ ] Owner's Policy
[ ] Mortgagee's Policy
[ ] Contract for Deed
[ ] Assignment of Contract for Deed
[ ] Subordination Agreement
[ X ] Other
RE: Kwik Trip, Inc.
Vacant Land
Dubuque, IA 52001
Legal: LOT 2, KERPER INDUSTRIAL PARK NO.
2 in the City of Dubuque, Iowa.
Your File No.:
Our File No.: 1576795
Resolution No. 389-22 2023000000376
If you have any questions, please contact us immediately at the phone number listed above.
"Thank you for Choosing First American Title Insurance Company "
Number: 202300000376
Recorded: 1/18/2023 at 9:37:44.0 AM
County Recording Fee: $17.00
Iowa E-Filing Fee: $3.00
Combined Fee: $20.00
Revenue Tax:
I(evin Dragotto, Auditor RECORDER
Dubuque County, Iowa
Prepared by Barry A. Lindal, Esg, 300 Main St„ Ste. 330, Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1V St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 389-22
APPROVING THE CLARIFICATION OF USE RESTRICTIONS AT LOT 2 OF KERPER
INDUSTRIAL PARK NO. 2
WHEREAS, the City of Dubuque and John P. Mihalakis and Richard L. Billmeyer
entered into an Agreement for the Exchange of Land dated February 15, 1999, pursuant
to which John P. Mihalakis and Richard L. Billmeyer acquired Lot 2 of Kerper Industrial
Park No. 2 from the City; and
WHEREAS, the Agreement included certain restrictions on the use of the Real
Estate at Lot 2 of Kerper Industrial Park No. 2, in particular outdoor storage, which apply
to any subsequent purchaser of the Real Estate; and
WHEREAS, Kwik Trip, Inc. is purchasing the Real Estate from John P. Mihalakis
and Richard L. Billmeyer for development as a fuel station and convenience store; and
WHEREAS, Kwik Trip, Inc. has requested that the City clarify that the use
restrictions permit 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
WHEREAS, the attached Clarification of Use Restrictions makes that clarification;
and
WHEREAS, the City Council finds that the Clarification of Use Restrictions should
be approved; and
WHEREAS, in all other respects, the use restrictions will continue in full force and
effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
1. The Clarification of Use Restrictions is hereby approved.
2. The Mayor is authorized and directed to sign the Clarification of Use Restrictions
on behalf of the City of Dubuque.
Passed, approved, and adopted this 19t" day of December, 2022.
TCA �� � `'` ' Return To: Tri-County Ahstract
C
Brad Cavanagh, Mayor
Attest:)
Adrienne N. Breitfeider, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 389-22 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 28t" day of December, 2022.
k
Adrienne N. Breitfelder, City Clerk
Prepared by and return to: Brian J. Kane, Kane, Norby & Reddick, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001, (563) 582-7980
CLARIFICATION OF USE
RESTRICTIONS
RE: Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa, according to
the recorded plat thereof (hereafter "the Real Estate").
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, and
Memorandum of Agreement which was recorded on February 15, 2000 as Instrument No. 1620-
00, in the records of the Dubuque County Recorder, which Agreement included certain restrictions
on the use of the Real Estate; 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, the record owners of the Real Estate, namely John P. Mihalakis and Letha A.
Mihalakis Trust, John P. Mihalakis and Letha A. Mihalakis, Trustees, and Richard L. Billmeyer,
are in the process of selling the Real Estate to Kwik Trip, Inc. for development of the same as a fuel
station and convenience store; and
WHEREAS, City desires to clarify the Use Restrictions described above to permit the
above -described development of the Real Estate.
Therefore, in furtherance of the foregoing, City hereby clarifies the Use Restrictions
affecting the Real Estate as follows:
1. The Use Restrictions described in paragraph 7.4 of the Agreement for the Exchange
of Land, as incorporated by the Memorandum of Agreement filed as Instrument No. 1620-
00 in the records of the Dubuque County Recorder, and as extended by the Verified Claim
filed as Instrument No. 2016-8563 in the records of the Dubuque County Recorder, permit
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.
2. In all other respects, the Use Restrictions shall continue in full force and effect.
3. This Clarification of Use Restrictions is given on the condition that Kwik Trip, Inc.
will not object to City filing a Verified Claim Pursuant to Iowa Code Section 614.24 to Renew
Use Restrictions contained in the above -referenced Memorandum of Agreement for an additional
period of 21 years, and in the event Kwik Trip, Inc. objects to such filing, then this Clarification of
Use Restrictions shall be null and void.
Dated this 00 day of December, 2022.
CITY OF DUBUQUE
Brad M. gh, Mayor
ATTEST
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
Subscribed and sworn to before me, this ao day of �eG4 �brC , 2022, by BRAD
CAVANAGH, as Mayor of the City of Dubuque.
""' `•. TUSDEE LYNN BLUS
_° Commission Numbmr8/2178
My Comm. Exp. )A -
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
Notary Public in and for
State of Iowa
Subscribed and swom to before me, this 0 day of _)'� LGtmb r- , 2022, by
ADRIENNE N. BREITFELDER, City Clerk of the City of Dubuque.
LYNN SLUE CommUllonNumbsr812478 LJ
s • My Comm. P. 1A)A1 Notary Public in and for
State of Iowa
2