Addition of Property to Covenants - Technology Park Copyrighted
July 5, 2017
City of Dubuque Consent Items # 7.
ITEM TITLE: Addition of Property to Covenants -Technology Park
SUMMARY: City Manager recommending approval of a Resolution
approving the addition of Lot F Dubuque Technology Park
to the Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges Covering
Property in Dubuque Technology Park.
RESOLUTION Approving addition of property to
Declaration of Covenants, Conditions, Restriction,
Reservations, Easements, Liens and Charges covering
property in Dubuque Technology Park
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Addition of Property to Co\enants at Dubuque City Manager Memo
Technology Park-MVM Memo
Staff Memo Staff Memo
Addition of Property to Co\enants Supporting Documentation
Resolution of Approval Resolutions
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Addition of Property to Covenants in Dubuque Technology Park
DATE: June 26, 2017
Beginning in 1998, the Dubuque Technology Park properties have been governed by
covenants that set forth certain restrictions and conditions for development. The
purpose of having covenants is to have cohesive development in the area which is
suitable to the land use, thereby producing a high-quality environment for Dubuque's
businesses.
In 2004 the City acquired Lot F Dubuque Technology Park, which is a narrow strip of
land along the western border of the Tech Park that had been deeded to the City from
the Department of Transportation.
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution approving the addition of Lot F Dubuque Technology Park to the Declaration
of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges
Covering Property in Dubuque Technology Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�1 r
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 131h Street
All-AmericaCitY Dubuque,Iowa 52001-4864
DUB3 E1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Addition of Property to Covenants in Technology Park
DATE: June 14, 2017
INTRODUCTION
This memorandum presents for approval the addition of land to the covenants
governing the parcels in the Dubuque Technology Park.
BACKGROUND
Beginning in 1998, the Dubuque Tech Park properties have been governed by
covenants that set forth certain restrictions and conditions for development. The
purpose of having covenants is to have cohesive development in the area which is
suitable to the land use, thereby producing a high-quality environment for Dubuque's
businesses.
DISCUSSION
In 2004 the City acquired Lot F Dubuque Technology Park, which is a narrow strip of
land along the western border of the Tech Park, that had been deeded to the City from
the Department of Transportation. However, this parcel was not placed at that time
under the covenants which govern the rest of the Tech Park. We believe including this
parcel in the area covered by the covenants provides for a cohesive approach to land
management in the Tech Park.
Article II of the Declarations of the Covenants allows the City to add additional land to
the Properties by an instrument which is executed and recorded. That document is
attached for review and approval.
RECOMMENDATION/ ACTION STEP
I recommend the addition of Lot F Dubuque Technology Park to the Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges
Covering Property In Dubuque Technology Park by adopting the attached resolution.
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Doc ID: 008669970005 Type GEN
Kind: AMEND TO RESTRICT COVENANTS
Recorded: 07/07/2017 at 03:57:00 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2017-00008430
Filed by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 S.Wct441,E
Return to Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
ADDITION OF PROPERTY
TO
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS,
LIENS AND CHARGES
FOR PROPERTY IN
DUBUQUE TECHNOLOGY PARK
Whereas, the City of Dubuque adopted on June 15, 1998, the Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the
Covenants), recorded June 30, 1998, as Instrument no. 10226-98, covering certain
property in Dubuque Technology Park (the Properties); and
Whereas, Article 11 of the Covenants allows City to add additional land to the
Properties by instrument duly executed and recorded; and
Whereas, the City Council desires to add the following City -owned property to the
Properties covered by the Covenants:
Lot F Dubuque Technology Park according to the plat recorded as
Instrument No. 2006-12432 on August 11, 2006
Now, therefore the City Council of the City of Dubuque declares that the following
legally described City -owned property is hereby added to the Properties covered by the
Covenants:
Lot F Dubuque Technology Park according to the plat recorded as
Instrument No. 2006-12432 on August 11, 2006
CITY OF DU QUE, IOWA
By:�°
Roy Buol, Mayor
1
Attest:
Kevi S. Firnstall, City Clerk
STATE OF IOWA
SS:
COUNTY OF DUBUQUE
On this 5 day of .1 , 2017, before me, a Notary Public in and for
the State of Iowa, personally pea r -d Roy D. Buol and Kevin S. Firnstahl, to me
personally known, and who being by me duly sworn, did say that they are the Mayor 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 the seal affixed to the foregoing
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 the City of Dubuque, Iowa, and the said Roy D. Buol and Kevin S. Firnstahl
acknowledged the execution of said instrument to be the voluntary act and deed of said
City of Dubuque Iowa, by it voluntary executed
YM1*...
Comm. McCAR
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T.- CommissionNumber 772419
My
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Notary Public in ntd for the State of Iowa
My Commission Expires 1 I 5-20 iff
Prepared by Barry A. Linda. Esp. 300 Main St., Ste. 330. Dubuaue IA 52001-6944, 563-583-4113
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 230-17
RESOLUTION APPROVING ADDITION OF PROPERTY TO DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
LIENS AND CHARGES COVERING PROPERTY IN DUBUQUE TECHNOLOGY PARK
Whereas, the City of Dubuque adopted on June 15, 1998, the Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the
Covenants), recorded June 30, 1998, as Instrument no. 10226-98, covering certain
property in Dubuque Technology Park (the Properties); and
Whereas, Article II of the Covenants allows City to add additional land to the
Properties by instrument duly executed and recorded and
Whereas, the City Council desires to add to the following City -owned property to
the Properties covered by the Covenants:
Lot F Dubuque Technology Park according to the plat recorded as
Instrument No. 2006-12432 on August 11, 2006
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
1. The attached Addition of Property to Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens and Charges for Property in Dubuque
Technology Park is hereby approved.
2. The Mayor and City Clerk are hereby directed to execute the document on
behalf of the City of Dubuque.
3. The City Clerk is hereby directed to record the document with the Dubuque
County Recorder.
061317ba1
Passed, approved and adopted this 5th day of July 2017.
Attest:
Kevii MFirnstahrl; City Clerk
2
Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 230-17 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 6th day of July, 2017.