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
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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
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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
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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
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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