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Verified Claims Extending Restrictions on Use of Property_DIC and Technology Park Copyrighted August 7, 2017 City of Dubuque Consent Items # 17. ITEM TITLE: Verified Claims Extending Restrictions on Use of Property for Dubuque Industrial Center and Dubuque Technology Park SUMMARY: City Manager recommending that the Verified Claims be submitted to the City Council for approval, which will renew the Covenants in the Dubuque Industrial Center and Technology Park for an additional 21 years from the date of the recording of the Verified Claims. RESOLUTION Approving a Verified Claim pursuant to Iowa Code Sec. 614.24 to renew 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 a Verified Claim pursuant to Iowa Code Sec. 614.24 to Renew Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Property in Dubuque Technology Park SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Verified Claims E#ending Covenants for 21 Years- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Approving Verified Claim- Dubuque Resolutions Industrial Center West/North Verified Claim- Dubuque Industrail Center West/North Supporting Documentation Resolution Approving Verified Claim- Dubuque Resolutions Technology Park Verified Claim- Dubuque Technology Park Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Verified Claims Extending Restrictions On Use of Property in Dubuque Industrial Center and Dubuque Technology Park DATE: August 1, 2017 On October 25, 1999, the City Council adopted the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in the Dubuque Industrial Center. On June 15, 1998, the City Council adopted the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in the Dubuque Technology Park. Under Iowa law the Covenants expire after 21 years unless renewed. Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional 21 years. Senior Counsel Barry Lindahl recommends that the Verified Claims be submitted to the City Council for approval, which will renew the Covenants for an additional 21 years from the date of the recording of the Verified Claims. 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 Barry Lindahl, Senior Council THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL SENIOR COUNSEL To: Michael C. Van Milligen City Manager DATE: July 19, 2017 RE: Verified Claims Extending Restrictions On Use of Property in Dubuque Industrial Center and Dubuque Technology Park DUBUQUE INDUSTRIAL CENTER The City Council 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 the following described property: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D The following additional property was added to the properties covered by the Covenants: Dubuque Industrial Center West 2nd Addition; Dubuque Industrial Center West 5th Addition; Dubuque Industrial Center North First Addition; Lot one (1) of Graf Farm Subdivision #2; 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; 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; Lot Two (2) of McFadden Farm Place #2; and Lot 2 of McFadden Farm Place. 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 DUBUQUE TECHNOLOGY PARK The City Council 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 the following described property: Dubuque Technology Park The following property has been 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 DISCUSSION/RECOMMENDATION Under Iowa law the Covenants expire after 21 years unless renewed. Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years. I recommend that the Verified Claims be submitted to the City Council for approval which will renew the Covenants for an additional 21 years from the date of the recording of the Verified Claims. BAL:tIs cc: Crenna Brumwell, City Attorney Maurice Jones, Economic Development Director Jill Connors, Project Coordinator F:\Users\isteckle\Lindahl\Industrial-Tech Park Covenants\MVM VerifedClaims 071917.docx 2 11 AI 11 n n 11 11 w w Doc ID: 008687210007 Type: GEN Kind: RESTRICTIVE COVENANTS Recorded: 08/10/2017 at 03:25:09 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Q Q i Fi1e2017-00009921 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 VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RENEW 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 5111 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 property: 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 eat 071817ba1 Whereas, the following property has been 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 The NW'/ of the SE IA of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa And Lot 1 of Lot 1 of the NW '/ of the NW '/ and the South IA of the NW '/ in Section 29, Township 89 North, Range 2 East of the 5th RM., 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 by instrument dated July 5, 2017, recorded July 7, 2017, as Instrument no. 2017- 00008431; and Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and Whereas, the City Council now desires to extend the Covenants for an additional twenty-one years. 2 NOW, THEREFORE, the City of Dubuque, Iowa, pursuant to Iowa Code Sec. 61424 hereby files this verified claim to preserve and extend the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded November 16, 1999 as Instrument no. 17454-99, as amended, for an additional period of twenty-one years from the date of the recording of this claim. Attest: Kevi S. Firnstahl, City Clerk STATE OF IOWA SS: COUNTY OF DUBUQUE CITY OF DUBUQUE, IOWA By: t -1i a Le Roy D.ol, Mayor On this 'i day of �T,, r , 2017, before me, a Notary Public in and for the State of Iowa, personally appy ared 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 ti�'PI n a BF .PAMELA J. McCARRON Commission Number 772419 p. My Comm. Exp. L4—E-;,?Q(`cf 3 Notary Public! nd for the State of Iowa My Commission Expires r. qqf" 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 RESOLUTION NO. 271-17 APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RENEW 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 property: 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, the following property has been added to the Properties covered by the Covenants: 071817ba1 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 And Lot 1 of Lot 1 of the NW % of the NW '/ 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 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 by instrument dated July 5, 2017, recorded July 7, 2017, as Instrument no. 2017- 00008431; and Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and Whereas, the City Council now desires to extend the Covenants for an additional twenty-one years. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The attached Verified Claim Pursuant To Iowa Code Sec. 614.24 To Renew 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. Passed, approved and adopted this 7th day of August, 2017. CITY OF DUBUQUE, IOWA By: KAvin S. iirnstahl, City Clerk Roy I,:°uol, Mayor F:\USERS\tsteckle\Lindahl\Industrial-Tech Park Covenants\Resolution Approving Verified Claim -Dub Industrial Center West_071817bal.docx 3 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. 271-17 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 8th day of August, 2017. Kevin S. -irnstahl, CMC, City Clerk iu 11 11 I 1 of 11 11 11 uu III Doc ID 008687220005 Type GEN Kind: RESTRICTIVE COVENANTS Recorded: 08/10/2017 at 03:25:44 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File 2017-00009922 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 VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RENEW 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 the following described property: Dubuque Technology Park ; and Whereas, the following property has been 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 by instrument dated July 5, 2017, recorded July 7, 2017 as Instrument no. 2017- 00008430. Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and Whereas, the City Council now desires to extend the Covenants for an additional twenty-one years. 071817ba1 OW 00 eeer n�rrt .1 e i i., C 19,144 NOW, THEREFORE, the City of Dubuque, Iowa, pursuant to Iowa Code Sec. 614.24 hereby files this verified claim to preserve and extend the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Covenants), recorded June 30, 1998, as Instrument no. 10226-98, for an additional period of twenty-one years from the date of the recording of this claim. Attest: Kevi6 . Firnstahl, City Clerk STATE OF IOWA SS: COUNTY OF DUBUQUE CITY OF DUBUQUE, IOWA By: y Roy D , uol, Mayor On this 7 day of �1� '! ' , 2017, before me, a Notary Public in and for the State of Iowa, personally apip red 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 PAMELA J. McCARROM Commission Number 77241111 My Comm. Exp. L1: -.5-2-0t0 2 .1 o'[ ) Notary Public i ' d for the State of Iowa My Commission Expires 14-5-2D181 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 RESOLUTION NO. 272-17 APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RENEW 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 the following described property: Dubuque Technology Park ; and Whereas, the following property has been 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 by instrument dated July 5, 2017, recorded July 7, 2017 as Instrument no. 2017- 00008430. Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and Whereas, the City Council now desires to extend the Covenants for an additional twenty-one years. 071917ba1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The attached Verified Claim Pursuant To Iowa Code Sec. 614.24 To Renew 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. Passed, approved and adopted this 7th day of August, 2017. CITY OF DUBUQUE, IOWA By: Attest: Kevin ' Firnstahl,L City perk Roy D. uol, Mayor F:\USERS\tsteckle\Lindahl\Industrial-Tech Park Covenants\Resolution Approving Verified Claim -Tech Park_ 071917bal.docx 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. 272-17 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 8th day of August, 2017. Kevin S. Firnstahl, - C, City Clerk