United Rental, 301 Iowa, Restrictive CovenantBarry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque, Iowa 52001-6824
(563) 5834113 office
(563) 583~1040 fax
balesq@mwci.net
September 17, 2001
Mayor Terrance Duggan and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: United Rentals Site, 301 Iowa Street, Restrictive Covenant
Dear Mayor and Council Members:
When the City purchased the United Rentals property from Plastic Center, Inc., the
tenant, United Rentals, was in the process of obtaining a "no further action" letter from
the Iowa Department of Natural Resources for underground fuel tanks, which have been
removed from the property. As a part of its lease with the City, United Rentals agreed
to take the necessary action to finalize that process. The City agreed to cooperate by
providing a restrictive covenant prohibiting drinking water or non-drinking water wells on
the property.
Enclosed is the Declaration of Restrictive Covenants, which prohibits the installation of
drinking water or non-drinking water wells on the property. This Declaration will be
forwarded to the Iowa Department of Natural Resources and most likely will result in the
"no further action" letter.
I would request that the City Council authorize the Mayor to execute the Declaration of
Restrictive Covenants on behalf of the City.
BAL/jm
Enclosure
Cc: Michael Van Milligen, City Manager
Corporation Counsel
Service People Integrity Responsibility Ira, ovation Teamwork
Prepared By: Louis Racchini
Leggette, Brashears & Graham, Inc.
6525 Grand Teton Plaza
Madison, WI 53719
Telephone: (608) 833-5555
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION, made this day of
,2001
WHEREAS, The City of Dubuque ("Declarant"), owns certain real property, ("Property") located in
Dubuque, Dubuque County, Iowa, more fully described on Exhibit "A", attached hereto, and incorporated
herein by this reference;
WHEREAS, Declarant desires to obtain a "no further action" certificate ("Certificate") from the Iowa
Department of Natural Resources ("DNR"); and
WHEREAS, the DNR will not issue the Certificate unless Declarant executes and files this Declarafion;
NOW, THEREFORE, Declarant hereby publishes and declares that the Property shall be held, sold and
conveyed subject to the following covenants, all of which are for the purpose of protecting the value and
desirability of the Property and all of which shall run with the land and shall be a burden and a benefit to, and shall
be binding upon, Declarant, Declarant's successors and assigns, and all parties acquiring or owning any dght, rifle,
lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators, and
devisees.
I. Restrictions On Use (described on Exhibit "B")
II. Enforcement
If any person shall violate or attempt to violate any of the covenants contained herein, it shall be lawful for
the DNR or any person holding any lien or other interest in the Property to prosecute a proceeding in equity to
enjoin the person from such violation.
III. Term of Covenants
The covenants contained herein shall be deemed covenants running with the land, and shall remain in full
force and effect until the earlier of the termination of these covenants by the Declarant, or by Declarant's
successors and assigns, or twenty-one (21) years after the date these covenants are recorded in the Office of the
County Recorder of the county where the Property is located. These covenants may be extended for successive
twenty-one (21) year periods by the filing ofa vedfied claim in accordance with Iowa Code § 614.24, which verified
claim may be filed by the DNR or any party holding any lien or other interest in the Property.
IV. Severability
Invalidaben of any portion of these covenants by judgment of any court shall in no way affect any of the
other covenants contained herein, which shall remain in full force and effect.
V. Termination of Covenants
The covenants contained herein shall terminate twenty-one years after the date these covenants were
recorded in the Office of the County Recorder, unless extended in accordance with Iowa Code § 614.24; provided,
however, that the Declarant, or the Dectarant's successors and assigns, may execute and file a notice of
termination in the Office of the County Recorder of the county where the Property is located.
RESTRICTIVE COVENANT (continued)
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand as of the
day and year first above written.
(Name of Declarant)
By:
Its: (Title)
By:
Its: (Title)
STATE OF )
)SS.
COUNTY OF )
On this day of ,2001, before me personally appeared
and , to me known to be the person(s) named in and who
executed the foregoing instrument, and acknowledge that and
executed the same as his/her/their voluntary act and deed.
Notary Public, in and for said county and state
STATE OF )
)SS.
COUNTY OF )
On this __ day of ,2001, before me personally appeared
and , who being duly sworn, did say that they are the
and (insert titles of executing officers) of said corporation,
that (the seal affixed to said instrument is the seal of said corporation or no seal has been procured by said
corporation) and that the instrument was signed and sealed on behalf of said corporation by authority of its board
of directors and that the said officers acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation by them voluntarily executed.
Notary Public, in and for said county and state
2
EXHIBIT A
Legal Description of Property
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2,
of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526
and 527, all in the City of Dubuque, Iowa.
Illustrations
The property described above is illustrated on the attached Right of Way Plat map produced by the
Iowa Department of Transportation.
A map depicting the receptor ID plume for the soil leaching to groundwater pathway is also attached.
10WA D.FAR,~N, 0,- TRANSPORTATION
P,~CHT OF ~'AY PLAT
E ~. HtB IT "A"
COUNTy DUBUOU~- STATE CONT}~OL NO. I9-00
~OJECT NO. F'61-8(22)--20-5] PAgCEL NO.' 334
SECTION --25 .T OWNSN~P 89N RANGE
~dW-FEE 8238 SQ. FX ~ [AS~ AC,
ACQUmEDFROM FISCHER INVESTMENT COMPANY
AC
NO RIGHTS OF DIRECT ACCESS TO RELOC, PRIM. RD. NO. U.S. 5f INCLUDING lis RAMPS
The wide boundazy line indicates tt
jproperty azTected by the restrictive
covenant.
1" = 50'
N
~- ',~ ~/ ~i? i I I I~rh~l Il,
~ -~~-.~~ ! ,~--
9-~. Soil Le~ch~ ~0 GV ]~st~fl-P~otected GV So.ce
T: ~VS<=G~ TL
x S~. s~-=~ E: NGVS(=GV TL
S~TE PLAN
~U~UeUE, ~A
EXHIBIT B
Restrictions on Property Use: No drinking water or non-drinking water wells as defined in Iowa
Department of Natural Resources Rule 567 Iowa Administrative Code 135.2 and as subsequently
mended shall be installed within the boundaries of the property.
For purposes of reference, drinking water well means, "any groundwater well used as a source for
drinking water by humans and groundwater wells used primarily for the final production of food or
medicine for human consumption in facilities routinely characterized with the Standard Industrial
Codes (SIC) group 283 for drugs and 20 for foods (or the North American Industry Classification
System (NAICS) Codes of 3254 for drags and 311 for food."
Non-drinking water well means, "any groundwater well (except an extraction well used as part of a
remediation system or a groundwater monitoring well) not defined as a drinking water well including
a groundwater well which is not properly plugged in accordance with department rules in
567-Chapters 39 and 49."