Addition of Property to Covenants - Dubuque Industrial Center, West & North Copyrighted
July 5, 2017
City of Dubuque Consent Items # 8.
ITEM TITLE: Addition of Property to Covenants - Dubuque Industrial
Center West/North
SUMMARY: City Manager recommending approval of a Resolution
approving the addition of the Graf and McFadden
properties to the Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens and Charges
Covering 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 the addition of property to the
Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges covering
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
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Addition of Property to Co\enants at Dubuque Industrial City Manager Memo
Center West-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 Industrial Center West
DATE: June 26, 2017
Beginning in 1999, the Dubuque Industrial Center West 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 2015 the City acquired the Graf and McFadden properties to expand Dubuque
Industrial Center West.
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution approving the addition of the Graf and McFadden properties to the
Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens
and Charges Covering 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 Dubuque Industrial Center West
DATE: June 14, 2017
INTRODUCTION
This memorandum presents for approval the addition of land to the covenants
governing the parcels in the Dubuque Industrial Center West.
BACKGROUND
Beginning in 1999, the Dubuque Industrial Center West 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
The City's acquisition of the Graf and McFadden properties in 2015 expanded the
Industrial Center West. Now that several years have elapsed, and the possibility of
development in those areas becomes more of a reality, we believe placing those areas
under the covenants which govern the rest of the industrial park makes sense. This
allows for a seamless transition with managed expectations as companies consider the
properties for acquisition and development.
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 the Graf and McFadden properties to the Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges
Covering 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 by adopting the attached resolution.
ININNEINIMIEWilii
Doc ID: 008669980008 Type: GEN
Kind: AMEND TO RESTRICT COVENANTS
Recorded:
$42.00/2017 Page 1tof3857:43 PM
Dubuque County Iowa
John Murphy Recorder Q i
Fi1e2017-00008431
Filed by Barry A. Lindahl, Esa. 300 Main Street Suite 330 Dubuque IA 52001 3 1 117:),
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 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 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, covering
Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; and
Whereas, the following additional property was added to the Properties covered
by the Covenants, specifically as follows:
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
; 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:
061317ba1
And
And
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 IA of the NW IA and the South 1/2 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
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
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 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
2
And
And
Attes
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 '/4 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
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
Ke : in S. Firnstahl, City Clerk
STATE OF IOWA
SS:
COUNTY OF DUBUQUE
CITY OF DUBUGaJE, IOWA
By:aLei
Roy D. iol, Mayor
On this day of A , 2017, before me, a Notary Public in and for
the State of Iowa, personally at pea 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
3
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
•
PAMELA J. `may;
Commission mmCr 77241
m
aa� My Comm. Exp. 2Q(g
4
.ry‘ AO, ,
Notary Public in
My Commission Expires -- b-21
for the State of Iowa
Prepared by Barry A. Lindal, Esq. 300 Main St.. Ste. 330. Dubuque IA 52001-6944. 563-583-4113
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 231-17
APPROVING THE ADDITION OF PROPERTY TO THE DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
LIENS AND CHARGES COVERING 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 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, covering
Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; and
Whereas, the following additional property was added to the Properties covered
by the Covenants, specifically as follows:
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 February 7, 2011,
recorded February 11, 2011 as Instrument no. 2011-2684
; 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 the following City -owned property to the
Properties covered by the Covenants:
061317ba1
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
And
And
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; 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
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
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
Industrial Center West, Dubuque Industrial Center West 2nd Addition, Dubuque Industrial
Center West 5th Addition and Dubuque Industrial Center North First Addition 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.
2
STATE OF IOWA
CERTIFICATE of the CITY CLERK
)
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. 231-17 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.
Keen S. Firnstahl, CMS; City Clerk