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Amending the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial CenterCity of Dubuque City Council Meeting Action Items # 01. Copyrighted January 17, 2023 ITEM TITLE: Amending the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center SUMMARY: City Manager recommending adoption of the attached Resolutions approving amendment to the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center West and South. SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Resolution for DICW Resolution for DICS Amendment for D I C W RESOLUTION Approving an Amendment to Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubuque Industrial Center West Dubuque Industrial Center West 2nd Addition Dubuque Industrial Center West 5th Addition and Dubuque Industrial Center North First Addition RESOLUTION Approving an Amendment to Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubuque Industrial Center South First Addition Suggested Disposition: Receive and File; Adopt Resolution(s) DICW Signatures Amendment for D I CS DICS Signatures List of Property Owners with Acreage Area Map Type City Manager Memo Staff Memo Resolutions Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amending the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center DATE: January 10, 2023 Economic Development Director Jill Connors is recommending City Council adopt the attached Resolutions approving amendment to the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center West and South. 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 Jill Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF b:&d 1300 Main street All-Me1*109ft Dubuque, Iowa 52001-4763 kxv,�. awccrvar Office (563) 589-4393 DUB-1i&E 1 htt (563) w.city fd ® http://www.cityofdubuque.org 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Amending the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center DATE: January 4, 2023 I' k I:to] 1111" 1lei ►1 The purpose of this memorandum is to request City Council consideration and adoption of the attached Resolutions approving the Amended Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center West and Dubuque Industrial Center South. BACKGROUND Property located along Chavenelle Road between Radford Road and Seippel Road is often referred to as Dubuque Industrial Center West. Property located along Seippel Road between Highway 20 and Chavenelle Road is often referred to as Dubuque Industrial Center South. However, both of these areas are collectively part of Dubuque Industrial Center, which is one taxing district, not two. The covenants for both Dubuque Industrial Center West and Dubuque Industrial Center South require property owners to pay annual assessments for common area maintenance performed by City staff. This annual assessment is a pro rata share of the actual cost of common area maintenance, based on the amount of acreage owned by each property owner. The covenants provide for the following: 1). Maintenance of Public Areas 2). Assessments for Maintenance 3). Architectural Control • Construction Materials • Landscaping Features • Exterior Signage • Postal Service 4.) General Provisions • Sidewalk and Lot Maintenance • Erosion Control DISCUSSION Because all of the property in Dubuque Industrial Center West and Dubuque Industrial Center South is in one taxing district, City staff have been calculating pro rata shares of expenses based upon the entire area of Dubuque Industrial Center West and Dubuque Industrial Center South combined. This was the City's original intent. However, the language of the covenants as drafted require that the assessments for Dubuque Industrial Center West and Dubuque Industrial Center South be calculated separately based on the pro rata share of a property owner's property in Dubuque Industrial Center West and the pro rata share of a property owner's property in Dubuque Industrial Center South. The City proposes to amend the covenants for Dubuque Industrial Center West and Dubuque Industrial Center South to clarify that the assessments are to be based on the total area of Dubuque Industrial Center West and Dubuque Industrial Center South To amend the existing covenants, at least eighty percent (80%) of property owners in the District must consent. As of January 1, 2023, eighty-four percent (84%) of property owners in the District have signed their approval of the amendment to the existing Covenants. RECOMMENDATION / ACTION STEP I recommend that the City Council adopt the attached Resolutions approving amendment to the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center West and South. 2 Prepared by Jill Connors Economic Development 1300 Main St Dubuque IA 52001 (563) 589 4393 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 19-23 APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on October 25, 1999 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded November 16, 1999 as Instrument no. 17454- 99, as amended, covering the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; and Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'/4 of the SE'% of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW'/ of the NW'/ and the South % of the NW'/ in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa; according to the recorded plat thereof; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record ; and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the Covenants as set forth in the attached AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION ; and Whereas, the Amendment revises the Covenants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147, and all property which may be added to such Declarations of Covenants. and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the terms of this Resolution. Passed, approved, and adopted this 17th day of January, 2023. D aura J. ssell Mayor Pro Tern Attest: `�_ Adrienne N. Breitfelder, City Clerk Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'" St., Dubuque, IA 52001, RESOLUTION NO. 20-23 APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on February 3, 2014 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded March 5, 2014, as Instrument no. 2014- 00001147, covering the following described Properties: Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147 ; and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the covenants as set forth in the attached AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION; RM14 Whereas, the Amendment revises the Covenants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges, recorded August 10, 2017, Instrument No. 2017-00009921, for the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011- 2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'/ of the SE'/ of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/< of the NW '/ and the South '/z of the NW '/ in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; And Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record and all property which may be added to such Declarations of Covenants. Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the terms of this Resolution. Laura J. Rossellf) Mayor Pro Tern Attest: Adrienne N. Breiffelder, City Clerk Doc ID: 011058770008 Type: GEN Kind: TO Recorded:N01/18/20231CT at 03:17:15SPM Fee Amt: $42.00 Pape 1 of 8 Dubuque County Iowa Kevin Draqotto Recorder File2023-00000481 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 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City of Dubuque adopted on October 25, 1999 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded November 16, 1999 as Instrument no. 17454-99, as amended, covering the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; and Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; q 'LOd ©�CUrI OrVI I� V Up ►1�vrL Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'% of the SE'% of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/ of the NW '% and the South Y2 of the NW '/ in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record ; and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the Covenants as set forth herein. NOW, THEREFORE IT IS AGREED BY AND AMONG THE CITY OF DUBUQUE AND OWNERS OF THE PROPERTIES AS FOLLOWS: SECTION 1. Article IV of the Covenants is amended to read as follows: ARTICLE IV. MAINTENANCE ASSESSMENTS Section 1. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy. Section 2. If such pro rata share is not paid within thirty (30) days after its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a Lot. Section 3. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot or Lots owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights -of -way. Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147, and all property which may be added to such Declarations of Covenants. SECTION 2. All other terms and conditions of the Covenants shall remain in full force and effect. Attest: zl"P ' �'' Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: COUNTY OF DUBUQUE CITY OF DUBUQUE, IOWA On this day of anuu r , 2023, before me, a Notary Public in and for the State of Iowa, personall appeared (,au «S P-ou.SsctI and INA (iennc_5, i-}fAAr/-, to me personally known, and who being by me duly sworn, did say that they are the Mayor Pro Tern and City Clerk, respectively, of the City of Dubuque, Iowa; a Municipal Corporation, created and existing under the laws of the State of Iowa, and that said instrument was signed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of the City of Dubuque, Iowa, and the said (ALxa,. . -P-ulLsse-\l and _�r�,-,cnr•t ����cl�at, acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque Iowa, by it voluntary executed —) Notary Public in and for the State of Iowa My Commission Expires q_T� I ao5 '' •,� TusoFz LYNN BLUS Commbdon Nawbw 84"79 ,aM, My Comm. EV Prepared by Jill Connors Economic Development, 1300 Main St., Dubuque, IA 52001, (563 58) 9-4393 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 19-23 APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on October 25, 1999 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded November 16, 1999 as Instrument no. 17454- 99, as amended, covering the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; and Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'/ of the SE % of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW'/ of the NW'/ and the South'/2 of the NW % in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa; according to the recorded plat thereof; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record ; and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the Covenants as set forth in the attached AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION ; and Whereas, the Amendment revises the Covenants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147, and all property which may be added to such Declarations of Covenants. ; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the terms of this Resolution. Passed, approved, and adopted this 17th day of January, 2023. aura J. sselV Mayor Pro Tem Attest: Adrienne N. Breitfelder, 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.19-23 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 18th day of January, 2023. /Z Adrienne N. Breitfelder, City Clerk DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUSTRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Legal Description: Lots 4 and 5 of Dubuque Industrial Center West 2"d addition in the City of Dubuque, Iowa Owner: The Adams Company Its / ' rZ-f Legal Description: Lot 7 and Lot 8 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. Owner: SJR Properties, LLC By:�/CCOA--�® Its Legal Description: Lot 1 of Lot 2 of Dubuque Industrial Center West 7th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof Owner: SJR Properties By: C (2 - Its Legal Description: Lot 6 of Dubuque Industrial Center West in the City of Dubuque, Iowa, according to the recorded plat thereof. Owner: Giese Properties, L.L.C. Its Legal Description: Lot 3 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Dubuque County, Iowa Owner: Green Industrial Properties, LLC By: _L11 J, . -L - Its Descriptions: : 2 of "DUBUQUE INDUSTRIAL CENTER SEVENTH ADDITION', in the City of buque, Iowa, according to the recorded Plat thereof, locally known as 5301 avenelle: and 1A McFadden Farm Place No. 6, in the City of Dubuque, Iowa, locally known as 5 Chavenelle; and 2 of Lot 4 of Dubuque Industrial Center West 4th Addition in the City of Dubuque, a, according to the recorded plat thereof, subject to easements of record, locally wn as 7495 Chavenelle; and of Dubuque Industrial Center West 7t' Addition in the City of Dubuque, Iowa, ding to the recorded plat thereof, subject to easements of record, locally known as Chavenelle; and 1-5 As shown on the plat entitled "Plat of Survey of Lot 1-5 and Lot 2-5 of Dubuque lustrial Center West in the City of Dubuque, Iowa", dated March 15, 2002, and duly d for record on July 30, 2002, in the Office of the Recorded, Dubuque County, Iowa Plat 13448-02, containing 21.78 acres, more or less. Said Parcel also being known a part of Lot 5 as shown on the plat entitled "Plat of Survey of Lot 5 and Lot "E" in buque Industrial Center West, in the City of Dubuque, Iowa", dated October 15, J1, and duly filed for record on October 24, 2001, in the aforesaid Recorder's Office Plat 17314-01, said plat being amended and refiled in October29, 2001 as Plat ether with those easements as created by Special Warranty deed from the City of )uque, Iowa, a municipal corporation of the State of Iowa as Grantor, unto R/W )uque, LLC, an Ohio limited liability company, as Grantee, by deed dated November 2001 and duly recorded November 16, 2001 in Office of the Recordeer, Dubuque mty, Iowa as Instrument No. 18859-01 sand further described as follows: Easement "A" 20.00 foot wide storm sewer easement for the benefit of Parcel 1, across part of Lot C Dubuque Industrial Center West in the City of Dubuque, Iowa, the center line of said )sement being described as follows: )mmencing at the northeast corner of said Lot C; Thence South 05 degrees 55 inutes 08 seconds East along the easterly line of said Lot c, a distance of 357.87 feet; fence South 48 degrees 36 minutes 10 seconds East, along the easterly line of said )t C, a distance of 68.83 feet to the point of beginning of said centerline; Thence South 48 degrees 22 minutes 18 seconds West, 71.94 feet and said center line there terminating. And Sewer Easement "B" A 20.00 foot wide storm sewer easement for the benefit of Parcel 1, across part of Lot C of Dubuque Industrial Center West in the City of Dubuque, Dubuque County, Iowa, the center line of said easement being described as follows: Commencing at the northeast corner of said Lot C; Thence South 05 degrees 55 minutes 08 seconds East, along the easterly line of said Lot C, a distance of 357.87 feet; Thence South 48 Degrees 36 minutes 10 seconds East, along the easterly line of said Lot C, a distance of 92.86 feet to the point of beginning of said centerline; Thence South 48 degrees 22 minutes 18 seconds West, 58.18 feet and said centerline there terminating. , Locally known as 7500 Chavenelle. Owner: Walter Development, L.L.C. By: (,ls Its Legal Description: Lot 1 of "DUBUQUE INDUSTRIAL CENTER SIXTH ADDITION', in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record. Owner: Chavenelle Warehouse Development, L.L.C. By:� Its Legal Description: Lot 1 of Dubuque Industrial Center West 8t" Addition in the City of Dubuque, Iowa Owner: Progressive Packaging, LLC By: Z: Its Legal Description: Lot 2 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Dubuque County, Iowa, together with all easements, tenements, hereditaments, and appurtenances belonging thereto. Owner: Faley Properties, LLC By: % qe a_t, Its Legal Description: Lot 1 of Lot 4 of Dubuque Industrial Center West 4t" Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. Owner: John B. Priest and Dana M. Priest By: it Legal Description: Lot 1 of Dubuque Industrial Center West 7th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. Owner: MacHom IV, LLC and CISD Alshire, LLC 0 Legal Description: Lot One (1) of Dubuque Industrial Center West 6th Addition in the City of Dubuque County, Iowa, according to the recorded plat thereof, subject to easements of record. Owner: M-M&M, LLC Legal Description: Lot 7 and Lot 8 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. Owner: SJR Properties, LLC By:�/CCOA--�® Its Legal Description: Lot 1 of Lot 2 of Dubuque Industrial Center West 7th Addition in the City of Dubuque, Iowa, according to the recorded plat thereof Owner: SJR Properties By: C (2 - Its Legal Description: Lot 1 of Lot 2 of Dubuque Industrial Center West Fifth Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record. Lot Two (2) of Dubuque Industrial Center West 9th Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record Owner: Theisen's Warehouse, LLC By: Its Doc ID: 011058780008 Type: GEN Kind: AMEND TO RESTRICT COVENANTS Recorded: 01/18/2023 at 03:17:39 PM Fee Amt: $42.00 Paqe 1 of 8 Dubuque County Iowa Kevin Draqotto Recorder File2023-00000482 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 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION Whereas, the City of Dubuque adopted on February 3, 2014 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded March 5, 2014, as Instrument no. 2014-00001147, covering the following described Properties: Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147 and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the Covenants as set forth herein. NOW, THEREFORE IT IS AGREED BY AND AMONG THE CITY OF DUBUQUE AND OWNERS OF THE PROPERTIES AS FOLLOWS: SECTION 1. Article IV of the Covenants is amended to read as follows: ARTICLE IV. MAINTENANCE ASSESSMENTS Section 1. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the q 70 0 0 F C aft owI c bkot-tepmvKt establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy. Section 2. If such pro rata share is not paid within thirty (30) days after its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a Lot. Section 3. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot or Lots owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights -of -way. Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges, recorded August 10, 2017, Instrument No. 2017-00009921, for the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'/ of the SE'/ of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/ of the NW '/ and the South Y2 of the NW '/ in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; And Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record and all property which may be added to such Declarations of Covenants. SECTION 2. All other terms and conditions of the Covenants shall remain in full force and effect. Attest: .4'�� &;�J4 Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: COUNTY OF DUBUQUE CITY OF DUBUQUE, IOWA By: �-A 62" 9 (&� La ra J. RoifdsellPayor Pro Tem On this i `6 day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared LOU cz� J ZoLAssC-t) and Ncl r; en,v--By�e�e' oc�, tome personally known, and who being by me duly sworn, did say that they are the Mayor Pro Tern and City Clerk, respectively, of the City of Dubuque, Iowa; a Municipal Corporation, created and existing under the laws of the State of Iowa, and that said instrument was signed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of the City of Dubuque, Iowa, and the said Lnu i- J. ut �SSe l and �!d r; zn►�c$,rc;k�ldc/ acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque Iowa, by it voluntary executed J-J=�6 A A 6A Notary Public in and for the State of Iowa My Commission Expires q ao ag.�s or' TWO= LYNN BLUE ianr` Comwb" Namba OU479 ow►` My Comm. ow. C4 la" Prepared by Jill Connors, Economic Development, 1300 Main St., Dubuque IA 52001 (563) 589-4393 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13111 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 20-23 APPROVING AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on February 3, 2014 the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded March 5, 2014, as Instrument no. 2014- 00001147, covering the following described Properties: Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014-00001147 and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the covenants as set forth in the attached AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION; ; and Whereas, the Amendment revises the Covenants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Declaration of Covenants and the Properties in Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges, recorded August 10, 2017, Instrument No. 2017-00009921, for the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument no. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; Dubuque Industrial Center North First Addition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011- 2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW'/4 of the SE'/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/ of the NW '/ and the South % of the NW '/ in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; And Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record and all property which may be added to such Declarations of Covenants. Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION is hereby approved. Section 2. The City Manager is hereby authorized and directed to take such action as may be necessary to carry out the terms of this Resolution. cya,li"14 0( ©� Laura J. V6ssell Mayor Pro Tern Attest: Adrienne N. Breitfelder, 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. 20-23 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 18th day of January, 2023. P f) . ,ASP-�� A®r I/ A'e-'C' /�/4 Adrienne N. Breitfelder, City Clerk DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION Legal Description: Lot 1 of Dubuque Industrial Center South Third Addition in the City of Dubuque, Iowa Owner: Roasting Solutions, LLC By: C s Legal Description: Lot 3 Dubuque Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa Owner: Wilming Investments, LLC By: �,� a Its Map ID PhaseNo Legal Owner OwnerAddress Acre AcreConsent 86 DICW LOT 2 DUBUQUE INDUSTRIAL CENTER WEST4TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 3.90172841824 3.90172841824 87 DICW LOT C DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.83464478327 0.83464478327 88 DICW LOT 3 DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD HELLER FAMILY REALTY CO LLC 12493 COUSINS RD, PEOSTA, IA, 52068 5.57097109867 0.00000000000 89 DICW LOT 3 DUBUQUE INDUSTRIAL CENTER WEST FINAL PLAT CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 6.46551058262 6.46551058262 90 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 2.91662334866 2.91662334866 NW SE - SEC 25 T89N R1E; 91 DICW CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 40.00010648510 40.00010648510 92 DICW LOT 6 DUBUQUE INDUSTRIAL CENTER WEST FINAL PLAT GIESE PROPERTIES LLC 2125 KERPER BLVD, DUBUQUE, IA 52001 4.97430667306 4.97430667306 93 DICW LOT C DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 11.46365621340 11.46365621340 LOT 1-1-1-1 W 1/2 NE - SEC 25 T89N R1E; 94 DICW CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 56.02219976400 56.02219976400 95 DICW PT LOT 2 NORMAN PLACE, W.A. ANNEXED INTO CITY CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 21.14115636370 21.14115636370 96 DICW LOT 3 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD INTERSTATE POWER AND LIGHT COMPANY FKA INTERSTATE POWER PO BOX 77007, MADISON, WIL 53707-1007 13.00265621900 0.00000000000 97 DICW LOT 2 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD INTERSTATE POWER AND LIGHT COMPANY FKA INTERSTATE POWER PO BOX 77007 C/O TAX DEPT, MADISON, WI 53707-1007 2.00007336212 0.00000000000 98 DICW LOT 6 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD INTERSTATE POWER AND LIGHT COMPANY FKA INTERSTATE POWER PO BOX 77007 C/O TAX DEPT, MADISON, WI 53707-1007 2.69240141210 0.00000000000 LOT 1 GRAF FARM SUB #2; 99 DICW CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 30.16003008080 30.16003008080 100 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER 7TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.31131453600 0.31131453600 101 DICW LOTS 4 & 5 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD ADAMS COMPANY, THE 8040 CHAVENELLE RD, DUBUQUE, IA 52002 10.37272741140 10.37272741140 102 DICW LOT 1-1 NW1/4 NW1/4 SEC 29 T89N-R2E CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 37.64202171620 37.64202171620 103 DICW SW1/4 NW1/4 SEC 29 T89N-R2E CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 41.11578713270 41.11578713270 104 DICW SE1/4 NW1/4 SEC 29 T89N-R2E CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 40.00106631100 40.00106631100 105 DICW LOT A DUBUQUE IND. CENTER WEST 5TH ADD. CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 11.81609740540 11.81609740540 106 DICW LOT 2 DUBUQUE INDUSTRIAL CENTER WEST 9TH ADD THEISENS WAREHOUSE LLC 6201 CHAVENELLE RD, DUBUQUE. IA 52002 5.80181535922 5.80181535922 107 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER WEST 7TH ADD MACHOM IV LLC & CISD ALSH IRE LLC 2131 PALOMAR AIRPORT RD STE 360, CARLSBAD, CA 92011 13.91486787300 13.91486787300 108 DICW LOT 2 DUBUQUE IND CENTER WEST 8TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 7.50555329368 7.50555329368 109 DICW LOT 4 DUBUQUE INDUSTRIAL CENTER WEST MIRE PROPCO LP 3 LAKES DR, NORTHFIELD, IL, 60093 10.42947318590 0.00000000000 110 DICW LOT 2 DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION FALEY PROPERTIES LLC 1550 INNOVATION DR, DUBUQUE, IA 52002 8.36921516978 8.36921516978 111 DICW PART OF LOTA DUBUQUE INDUSTRIAL CENTER NORTH FIRSTADDITION (IN TAX DISTRICT DUBT6) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 12.97179289440 12.97179289440 112 DICW BAL. LOT 3 DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION GREEN INDUSTRIAL PROP LLC 17445 FIVE POINTS RD, DURANGO, IA 52039 24.45578285350 24.45578285350 113 DICW BAL LOT 2-C DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADD (IN DUT101) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 34.00361786120 34.00361786120 114 DICW PART OF LOT DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION (IN TAX DISTRICT DUBA) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 1.01908382752 1.01908382752 115 DICW LOT 2 MCFADDEN FARM PLACE #2 CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 5.92566077609 5.92566077609 LOT 2 NORMAN PLACE, W.A.; BAL LOT 2 NORMAN PLACE, W.A. NOT ANNEXED 116 DICW CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 18.08451026710 18.08451026710 117 DICW LOT 2-1 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 4.54797705889 4.54797705889 118 DICW LOT 1-1 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD DUBUQUE COUNTY 720 CENTRAL AVE, PO BOX 5001, DUBUQUE, IA 52004-5001 3.88056222986 0.00000000000 119 DICW LOT 2A DUBUQUE INDUSTRIAL CENTER NORTH THIRD ADDITION CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.03658114563 0.03658114563 120 DICW LOT 7 & 8 DUBUQUE INDUSTRIAL CENTER WEST 2ND ADD SJR PROPERTIES LLC 204 7TH AVE, FARLEY, IA 52046 4.88751645925 4.88751645925 121 DICW PT LOT 1 UNISON ADD (IN DUT105) BAS DEVELOPMENT LLC 5451 CHAVENELLE RD, DUBUQUE, IA 52002 1.90389475409 0.00000000000 122 DICW PT LOT 1A MCFADDEN FARM PLACE NO. 6 (IN TIF) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.11228208259 0.11228208259 123 DICW BAL LOT 1-2 MCFADDEN FARM PLACE NO. 4 (IN TIF) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.13185755632 0.13185755632 124 DICW LOT 1 MCFADDEN FARM PLACE NO. 5 CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 16.06078582880 16.06078582880 126 DICW UNIT 1 OF 7425 CONDOMINIUMS LOCATED ON LOT 1 DUBUQUE INDUSTRIAL CENTER WEST OUTFLY DEVELOPMENT LLC 7465 CHAVENELLE RD, DUBUQUE IA 52002 12.14844186180 12.14844186180 127 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER WEST EXC 7425 CONDOMINIUMS OUTFLY DEVELOPMENT LLC 7465 CHAVENELLE RD, DUBUQUE IA 52002 12.14844186180 12.14844186180 128 DICW BAL LOT 1 MCFADDEN FARM PLACE NO. 6 (IN TIF) EXC LOT 1A WALTER DEVELOPMENT LLC 7465 CHAVENELLE ROAD, DUBUQUE, IA 52002 17.00312455910 17.00312455910 129 DICW BAL LOT 2 DUBUQUE INDUSTRIAL CENTER NORTH THIRD ADDITION EXC LOT 2A CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 33.08490945220 33.08490945220 130 DICW PT LOT 2-C DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADD (IN DUT148) CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 5.33504269952 5.33504269952 131 DICW LOT 1-C DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 1.25062104662 1.25062104662 132 DICW LOT 1-4 DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD PRIEST, JOHN B & DANA M 1300 SYNERGY COURT, DUBUQUE, IA, 52002 3.55468873550 3.55468873550 133 DICW LOT H DUBUQUE INDUSTRIAL CENTER WEST FINAL PLAT CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 23.90535903650 23.90535903650 134 DICW LOT 1-5 DUBUQUE INDUSTRIAL CENTER WEST FINAL PLAT SKY CROWN LLC 425 E 52ND ST., NEW YORK, NY, 10022 21.77996977510 0.00000000000 135 DICW RIGHT OF WAY THRU SE SW; LOT 2 SW SE; LOT 2 SE SE SEC 30 T89N-R2E CHICAGO CENTRAL & PACIFIC RAILROAD CO 402 E 4TH ST, WATERLOO, IA 50703 4.78521208134 0.00000000000 136 DICW LOT B DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 5.30161841791 5.30161841791 137 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION MBMSD LLC 2125 KERPER BLVD, DUBUQUE, IA 52001 6.10799825759 0.00000000000 138 DICW LOT D DUBUQUE IND. CENTER WEST 5TH ADD. CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 7.71256622537 7.71256622537 139 DICW LOT C DUBUQUE IND CENTER WEST 5TH ADD CITY OF DUBUQUE, IOWA 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 11.01959372740 11.01959372740 140 DICW LOT 1-2 DUBUQUE IND CENTER WEST 5TH ADD THEISENS WAREHOUSE LLC 6201 CHAVENELLE RD, DUBUQUE. IA 52002 16.68525281220 16.68525281220 141 DICW LOT 2-2 DUBUQUE INDUSTRIAL CENTER WEST 7TH ADD ITC MIDWEST LLC 27175 ENERGY WAY, NOVI, WI 48377 12.94510662460 0.00000000000 142 DICW LOT 1-5 DUBUQUE INDUSTRIAL CENTER WEST 5TH ADD SCHERR REAL ESTATE LLC 6500 CHAVENELLE RD, DUBUQUE. IA 52002 3.83972530426 3.83972530426 143 DICW LOT 1-1 DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION 144 DICW LOTS 1-3 & LOT 2-3 DUBUQUE INDUSTRIAL CENTER WEST 5TH ADD 145 DICW LOT A DUBUQUE INDUSTRIAL CENTER WEST 6TH ADD 146 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER WEST 6TH ADD 147 DICW LOT 1-2 DUBUQUE INDUSTRIAL CENTER WEST 7TH ADD 148 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER WEST 8TH ADD 149 DICW LOT B DUBUQUE IND CENTER WEST 8TH ADD 150 DICW LOT 2-4 DUBUQUE INDUSTRIAL CENTER WEST 4TH ADD 151 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH THIRD ADDITION 152 DICW LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION LOCATED IN DUBT6 153 DICW BAL LOT 1A MCFADDEN FARM PLACE NO. 6 (NOT IN TIF) 154 DICW PT LOT 1-2 MCFADDEN FARM PLACE NO. 4 155 DICS LOT A DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 156 DICS LOT 5 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 157 DICS LOT 1 DUBUQUE INDUSTRIAL CENTER SOUTH THIRD ADD 158 DICS LOT 2 SEIPPEL ROAD COMMERCIAL PARK #3 159 DICS LOT B DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 160 DICS LOT 4 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 161 DICS LOT 3 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 162 DICS LOT 2 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 163 DICS LOT 5A DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD 164 DICS LOT 3 DUBUQUE INDUSTRIAL CENTER SOUTH THIRD ADD 165 DICS LOT A DUBUQUE INDUSTRIAL CENTER SOUTH THIRD ADD 166 DICS LOT 2 DUBUQUE INDUSTRIAL CENTER SOUTH THIRD ADD 167 DICS BAL LOT C DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADD GIESE PROPERTIES LLC SPIEGEL FAMILY REALTY COMPANY IOWA LLC CITY OF DUBUQUE, IOWA M-M&M LLC SJR PROPERTIES LLC PROGRESSIVE PROCESSING LLC CITY OF DUBUQUE, IOWA WALTER DEVELOPMENT LLC MIRE PROPCO LP 1250 PROP LLC CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA SIMMONS PET FOODS, INC ROASTING SOLUTIONS LLC CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA SIMMONS PET FOOD, INC WILMING INVESTMENTS LLC CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA 2125 KERPER BLVD, DUBUQUE, IA 52001 1.83092610969 1.83092610969 PO BOX 50, PEOSTA, IA 52068-0050 11.26428113330 11.26428113330 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 1.21719912385 1.21719912385 2602 HACIENDA DR, DUBUQUE, IA 52002 3.01690524580 3.01690524580 204 7TH AVE, FARLEY, IA 52046 5.97648291888 5.97648291888 1 HORMEL PLACE, AUSTIN, MN 55912 39.55086121650 39.55086121650 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 10.65538553790 10.65538553790 7465 CHAVENELLE RD, DUBUQUE, IA 52002 2.61606083801 2.61606083801 3 LAKES DR, NORTHFIELD, IL 60093 20.46274024870 0.00000000000 417 1ST AVE SE, CEDAR RAPIDS, IA 52401 12.39627954920 0.00000000000 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.30579184372 0.30579184372 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 3.01838461222 3.01838461222 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 80.78644716110 80.78644716110 601 N NICO, SILOAM SPRINGS, AR 72761 12.65745271780 0.00000000000 720 VERENA CT, DUBUQUE, IA 52002 9.21024830588 9.21024830588 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 1.56565332341 1.56565332341 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 7.31228236419 7.31228236419 601 N NICO, SILOAM SPRINGS, AR 72761 26.79653807550 0.00000000000 1258 CHERRY RIDGE COURT, DUBUQUE, IA 52003 6.90317524591 6.90317524591 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 15.46738392800 15.46738392800 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.81802362782 0.81802362782 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 6.71773543812 6.71773543812 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 0.47992040368 0.47992040368 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 4.83280522874 4.83280522874 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 1.52886041786 1.52886041786 1,002.44 845.03 84%