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Walter Development, LLC Property Right-of-Way Plat and Dedication Copyrighted August 3, 2020 City of Dubuque Consent Items # 13. City Council Meeting ITEM TITLE: Walter Development, LLC Property Right-of-Way Plat and Dedication SUM MARY: City Manager recommending acceptance of the Acquisition Plat of Lot 1A McFadden Farm Place No. 6 and acceptance of the dedication of said lot for Right of Way and public utilities purposes. RESOLUTION Approving the Acquisition Plat of Lot 1 A McFadden Farm Place No. 6 in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Walter Development Right of Way Plat Dedication- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Plat Supporting Documentation Area Map Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Walter Development, LLC Property Right of Way Plat and Dedication DATE: July 28, 2020 As part of a recent Development Agreement by and among the City, Walter Development LLC, and Duluth Holdings, Inc., Walter Development, LLC, was required to construct a short public street and cul-de-sac which intersects with Chavenelle Road in the Dubuque Industrial Center. The street will provide access from the Walter/Duluth building site to Chavenelle Road and in the future provide a connection from Chavenelle Road to Pennsylvania Avenue/Middle Road. Per the Development Agreement, Walter Development, LLC is dedicating the street right of way area at no cost. The City will own and maintain the public street and utility improvements constructed by Walter Development, LLC. City Engineer Gus Psihoyos recommends acceptance of the Acquisition Plat of Lot 1A McFadden Farm Place No. 6 and acceptance of the dedication of said lot for Right of Way and public utilities purposes. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � All•pmerisa Ci$ Du8 E �m��,��, h� , � �.� , I I MRste iece on the MisSiSsi i zoo�.zoiz=zois � pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: July 24, 2020 SUBJECT: Walter Development, LLC Property Right of Way Plat and Dedication INTRODUCTION This memo provides information regarding the platting and acceptance of right of way intersecting with Chavenelle Road as required by the Development Agreement by and among the City, Walter Development LLC, and Duluth Holdings, Inc. BACKGROUND As part of a recent Development Agreement by and among the City, Walter Development LLC, and Duluth Holdings, Inc., Walter Development, LLC, was required to construct a short public street and cul-de-sac which intersects with Chavenelle Road in the Dubuque Industrial Center. The street will provide access from the Walter/Duluth building site to Chavenelle Road and in the future provide a connection from Chavenelle Road to Pennsylvania Avenue/Middle Road. DISCUSSION The short public street and cul-de-sac construction has been recently completed by Walter Development, LLC. Per the Development Agreement, once the street improvements are completed the Developer is to dedicate the street right of way to the City at no cost. The City will own and maintain the public street and utility improvements after inspection by the City and dedication by the Developer. The street is proposed to be named South Heacock Road in the future. In accordance with Development Agreement, the right of way of South Heacock Road needs to be platted. The platting of this area has been coordinated with the owners of the property and they have signed and consented to the plat. IIW, P.C. has prepared an acquisition plat to provide the right of way area. The area being platted will be dedicated to the public for right of way purposes, included streets and utilities. BUDGETIMPACT Per the Development Agreement, Walter Development, LLC is dedicating the street right of way area at no cost. The City will own and maintain the public street and utility improvements constructed by Walter Development, LLC. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot 1A McFadden Farm Place No. 6, in the City of Dubuque, lowa, which provides public right of way needed for the for the South Heacock Road public street and utility improvements. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot 1A McFadden Farm Place No. 6, in the City of Dubuque, lowa, and acceptance of the dedication of said lot for Right of Way and public utilities purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS cc: Bob Schiesl, Assistant City Engineer Jill Connors, Project Coordinator Economic Development 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 235-20 APPROVING THE ACQUISITION PLAT OF LOT 1A MCFADDEN FARM PLACE NO. 6, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated June 18, 2020 prepared by IIW, P.C. describing Lot 1A McFadden Farm Place No. 6, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which Walter Development, LLC, by said plat have dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The plat dated June 18, 2020 prepared by IIW P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. The dedication of Lot 1A McFadden Farm Place No. 6, in the City of Dubuque, Iowa, for Right of Way purposes, including streets and utilities, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. The City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of Aug ;st 2020. Roy D. Buol, Mayor Attest: K- in S. Firnstahl, City -Clerk Index Legend Location: PART OF LOT 1 MCFADDEN FARM PLACE N0. 6 IN THE CITY OF DUBUQUE DUBUQUE COUNTY I OWA Proprietor: WALTER DEVELOPMENT, LLC Requestor: CITY OF D{JBUQUE Surveyor: JOHN M. TRANMER Surveyor IIW, P.C., 4155 PENNSYLVANIA AVE Company: DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 FOR RECORDER USE ACQU I SI TI ON P LAT LOT 1 A OF MCFADDEN FARM PLACE N0. 6 IN THE CITY OF DUBUQUE, IOWA COUNTY: DUBUQUE PROJECT N0. 1911901 PARCEL N0. LOT 1 A FEE TITLE RIGHT-OF-WAY ACQUiSTION AREA: �•�-6 ACRES - 20,110 SQ FT � I 37.50' � 10' PUBLIC UTILITY EASEMENT • 30' MUTUAL • . DRIVEWAY EASEMENT PER ��' , � DOC. N0. I N88°0819 E 2012-8913 ' ,� 6 .00� � NORTH � ` ,�'� "`„� �� z'�t"� 1 ' � �� `�� GRAPHIC SCALE i�� ' k � � � �-�.�� ,�'�el��01it„I;� �� ` � �� * � ��„�� F �� '��yfi ' �� f 0 40 80 �P,� Dc �� '� ' � �`�� x � ��,�t� �` �� , � � �a �� „ �h�� G �O• ��:��„ �� ,, �� ^� �� r� a �� , �� r, � � ��i� � , � ,� � I �� _ ;�`�� 6�1�� ,P� �.� �"�� '�� '��'��a � � 1" = 40' �� I ya�Ba��,� �� ,�� ``,x; "��°�`-c �..-��''`��- �4`-c -�"��I�til}hi P�, ,...,, � �'FP� � � �� "-r��-.".�� `��a��G��,�r, DRAWING MAY HAVE BEEN REDUCED o ^Q N N �� ``�,,.-.��.�.�.� � '�-"'.:•��Y�;.. r I p t�ry , . � FP' "-".'; I.,�.m.....�- � � r�'}i i��j4" � � � � ° � f �' LOT 1 A MCFADDEN �� ' }�'�� ' ' � ��;;�� h � � � � z � � ` � ` FARM PLACE N0. 6 � '�� `° I o � 4 b_ ii II 1e � � F P o 6 -' � a � �� `�0.46 ACRES; 20,110 SQ. FT �� • �G � � �„ �� , G� ,� � � �c�� `�� - �� ,� '�,��P _ �� w t� �� ,�'�'�'��''��'�� - - � �'o� � �� 4� � � ��-�I � � : �` 7 � P i , i ��. �=��B�9�t�p4ti �p� r�F � �t� �r�� t�ti�°�j�� r y��'��PF , .f -u��a�. �'� �f i � �,-- �`1� �-��os� r . �� 3 a � . ��1�'�'� fi � �_ �. � � ��s,;�"�?� is �y � i ��4i��i�� '� � t L=27.34 T��; �� '�, �� r��ii��. � �� a� �� `i�� "��?� � ` �� F2=16.00 °�h�1��„�� '�� r�>>E �� a�� - -�- = v� , > » ��;'�� .�,��_ � a�;�� " EX PERMANENT _ �� , �97 55 01 r�q��:��u��,�,��4 -- __ �� - � _ , � EASEMENT LINE - � _. _GHQ.RD=�118'06'38"�I►J _. _ �� 1 �- � ' -� . . - --��T. ?-s�-�-�2 _ � � ' ��F�"t�- �- I��n��-, I�� Vri�� 24.14 , �� _� � -� o��n .� � � � � � � 45� �` - �:.i,��tn��i h�� i 7 �� 7�iei I��d��P ' � � `� � �u A�`� a a�i��I �-. �I�� . � �3� i i�� 3 y 9 _ � _ t�I�i ii�'�ki�Jhi��: '� a�'vy�', ' L=13.30 �,�� ,� �i�,� � ; o . f2-47.009 � ��h, � �}�4h�,r �, . •\.. ..� b5� 7��Ii��r ��f p f ff - �16 13 04 N�8 35'29»� �O .Y �:�,�, o I � . . . CHORD N38"57'24"E 1•13' -• - _ � � 13.26' �' POB-SW � - - N CORNER � LOT 1 I - Cyq�ENELLE RO LEGAL DESCRIPTION: � ( �o R.p w AD NORTH ) RIGHT-OF-WAY LINE LOT 1A, MCFADDEN FARM PLACE N0. 6 IN THE CITY OF DUBUQUE, IOWA, CHAVENELLE ROAD MORE PARTICULARLY DESCRIBED AS FOLLOWS; • BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF SAID MCFADDEN. FARM PLACE N0. 6; THENCE NORTHEASTERLY 13.30 FEET ALONG THE ARC OF A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 47.00 FEET AND A CENTRAL ANGLE OF 16 DEGREES 13 MINUTES 04 SECONDS, WHICH CHORD BEARS NORTH 38 DEGREES 57 MINUTES 24 SECONDS EAST, 13.26 FEET; THENCE NORTHWESTERLY 27.34 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 97 LEGEND DEGREES 55 MINUTES 01 SECOND, WHICH CHORD BEARS NORTH 18 DEGREES 06 ,inti� �e�ah t� �� =��;� ACQUISITION AREA MINUTES 38 SECONDS WEST, 24.14 FEET; ��« '�°��' � � THENCE NORTHERLY 184.20 FEET ALONG THE ARC OF A CURVE CONCAVE - - LOT/RIGHT-OF-WAY LINE SOUTHEAST, HAVING A RADIUS OF 68.00 FEET AND A CENTRAL ANGLE OF 155 - ' ' ' ' - EASEMENT LINE DEGREES 12 MINUTES 28 SECONDS, WHICH CHORD BEARS NORTH 10 DEGREES 32 POB POINT OF BEGINNING MINUTES 05 SECONDS EAST, 132.83 FEET; R.O.W. RIGHT-OF-WAY THENCE NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 68.00 FEET; ( ) RECORDED AS THENCE SOUTH 01 DEGREE 5� MINUTES 41 SECONDS EAST, 186.15 FEET TO THE F'OUND 5/8" IRON REBAR NORTH RIGHT-OF-WAY LINE OF CHAVENELLE ROAD; � W/ RED PLASTIC CAP N0. 12631 THENCE NORTH 78 DEGREES 35 MINUTES 29 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, 101.13 FEET TO THE POINT OF BEGINNING. CONTAINING 0.46 ACRES OR 20,110 SQUARE FEET, MORE OR LESS, AND SUBJECT , TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHT-OF-WAY RECORD AND NOT OF RECORD. \\\\��iiii�� I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS ��W'P�C' pF2CHITECTURE N OTE \��`�� „W,� ,�� THATIRAM A ULY UCENSED LAND SURVEYOR�UNDERUTHE\LAIWS OFD � � CIVILENGINEERING THE STATE OF IOWA. coNsrnucnoNseRvices THIS SURVFY IS SUBJECT TO �`\��`\ ''''�� '� ENVIRONMEN7ALENGINEERING EASEMENTS, RESERVATIONS, - ' JOHN M. � = FOR IIW� P.C. LANDSURVEVING MUNICIPAL ENGINEERING RESTRICTIONS AND =� TRANMER � � / � INTEGRITY.IXPERTISE.SOLUTIONS STRUCTURALENGINEERING RIGHTS-OF-WAY OF RECORD ;�; LS 12631 ; a; . TRANSPORTATIONENGINEERIN AND NOT OF RECORD. �� F % �j\ JOH M. TRANM J/ DATE DRAWN . DMK PLAT N0. 19-IA-20 • ��'��2SF�'��A N D��``J��`�� LICENSE N0. 12637 MY LICENSE RENEWAL DATE I�IS'SHEET20N�LY CHECKED JMT PROJ. N0. 1911901 /i i��i��i�i��S\`\\` P A G E S O R S H E E T S C O V E R E D B Y T H I S S E A L p:\7 g\��g\�7 g-0 7\D R A W I N G S\S U R V E Y\7 9 1 1 9 0 11 ' OWNER'S CONSENT Dubuque, lowa �l(,� ; a'l� ,2020 The foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE N0.6 IN THE CITY OF DUBUQUE,IOWA, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate LOT 1A OF McFADDEN FARM PLACE N0.6 to the public for the purposes of Street Right-of-Way(ROW)and public utilities. WALTER DEVELOPMENT, LLC By <.��G� �y State of lowa ) ) ss: County of ��' ) On this ,�3 r� day of ��`�1nf� ,20�,before me,the undersigned,a Notary Public in and for the State of lowa, personally appeared Tim !4[�'� �, and --� to me personally known, who being by me duly sworn, did say that they are the and �' respectively, of said corporation executing the within and foregoing instrument; that the instrument was signed on behalf of said corporation by authority of its Board of Directors; and the said � and � acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .�� n� Not ry Public in and for State of lowa My Commission Expire • �� a�*"�"e e�. AAICF9EL�AAA�IE Wlf�'KRE : -: � Commission Numb r 7 3023 . .a„a My Comm. Exp. 5 2 CITY OF DUBUQUE, IOWA Dubuque, Iowa , 2020 The undersigned, Roy D. Buol, Mayor and Kevin S. Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE NO. 6 IN THE CITY OF DUBUQUE, IOWA, and the dedication of LOT 1A OF McFADDEN FARM PLACE NO. 6 IN THE CITY OF DUBUQUE, IO A, to the public for S eet Right -of -Way (ROW) and public utilities, as appears heretofore has been filed on the day of j/ , 2020 as Resolution No in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. MCRoy D. Buol of the City of Dubuque Kevin S. Firnstahl Clerk of the City of Dubuque CITY OF DUBUQUE PLANNING SERVICES Dubuque, Iowa ^ �v , 2020 The foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE NO. 6 IN THE CITY OF DUBUQUE, IOWA, is hereby approved by City Planner of the City of Dubuque, Iowa, and approval of said plat by the City Council of the City of Dubuque, Iowa, is hereby recommended. City Planner s Department City of Dubuque, Iowa 3 COUNTY AUDITOR Dubuque, lowa , 2020 The foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE N0.6 IN THE CITY OF DUBUQUE, IOWA, was entered of record in the office of the Dubuque County Auditor this of , 2020. We approve the subdivision name or title to be recorded. Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, lowa ,2020 The foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE N0.6 IN THE CITY OF DUBUQUE, IOWA, was entered of record in the office of the City Assessor of the City of Dubuque, lowa, this of ,2020. Troy Patzner Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, lowa ,2020 The foregoing Acquisition Plat of: LOT 1A OF McFADDEN FARM PLACE N0.6 IN THE CITY OF DUBUQUE,IOWA, has been reviewed by the Dubuque County Recorder. John Murphy Recorder of Dubuque County, lowa 4 � IIW.PC. �� TH "� scn�w Feer � izo � �� ti eei .touceo _v� im -�/ � � � .�aN�.�aca A1orv�ENCNEEawc /'/�� - I�TEC31iV.E%PERTISE SOLUTIONS � y� IJ�I ` �4 � I \' `� , ;-./ � � ' � �� _ � � , � ��,_ , � __ � � � ��* ' F`� ��FORMA.so�o � , ��i � � oti�,� \ � , w � � r X � �' Q J URE � +� � F �ANSIO � ' O � „�� _ •� � � ao , :� \ �.. � J z w 3 \ Q u- a p� 7 j \ �� Z ¢ o m . _� , �� `i g �� / \ � (�(7 z OU �P ":� �2 .; � o. '- � � � C� W a � 0 Z r 1 �\ .i �L Z m p�e 1 � Q�/ � z = i� e / � � LLL G a U� . / r G Z �p� � w F _ } U J - \�� w � , � �� ,� � � � '� \ \\ ,,, �� o � � \�\\�� _ o � � � � ;`' ,�+ _ . } m �. I � J .. � I � , t m � - � ; � � � _ � � LL � � - � � a v � f� . . s : ' � - — — r. _ � - - sneei� EX 5A P.o�e��No..,9„9 111111 III 111111111 1111111111111111 111111 Doc ID: 010554510005 Type: GEN Kind: RESOLUTION Recorded: 08/20/2020 at 09:56:36 AM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2020-00012320 Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 100-20 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PURSUANT TO AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, WALTER DEVELOPMENT, LLC, AND DULUTH HOLDINGS, INC., FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of real property in the Dubuque Industrial Center West totaling approximately 0.77 acres, referred to herein and in Exhibit B-2 as Parcel C (the Property); and Whereas, City, Walter Development, LLC, and Duluth Holdings, Inc. have entered into an Amended and Restated Development Agreement, subject to the approval of the City Council, pursuant to which City will convey the Property to Walter Development, LLC, and Walter Development, LLC will construct on the Property and on real property previously conveyed by City to Walter Development, LLC certain Improvements described in the Amended and Restated Development Agreement (the Facility); and Whereas, Duluth Holdings. Inc. will retain employees and employ new employees at the Facility; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Amended and Restated Development Agreement, including the conveyance of the Property to Walter Development, LLC; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Duluth Holdings, Inc. and Walter Development, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable 032020ba1 eyr\kc k \ r i __ from the tax increment revenues collected in respect of the Improvements to be constructed by Walter Development, LLC in accordance with the Amended and Restated Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -described Property by Deed to Walter Development, LLC pursuant to the proposed Amended and Restated Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing -described Property, to be held on the 6th day of April, 2020 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Amended and Restated Development Agreement relating thereto with Walter Development, LLC and Duluth Holdings, Inc., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic development grants to Walter Development, LLC and Duluth Holdings, Inc. pursuant to the Amended and Restated Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $2,630,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Property and the issuance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form attached hereto. 2 Attest: Passed, approved and adopted this 25th day of March 2020. %! �� Kevin $. Firnstahl, ity Clerk Roy D. uol, Mayor 3 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. do further state that the hereto attached Resolution No. 100-20 and associated Certificate of Publication 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 7th day of April, 2020. Kevin S. Firnsfafil, AMC, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 30, 2020, and for which the charge is $51.77 Subscribed to before me, a Notary kblic in and for Dubuque County, Iowa, this _ ( day of trLlA, , ,20c Q Notary Pub gi, and for Dubuque Couu nty, Iowa. JANET K. PAPE r Commission Number 199659 My Comm. Exp. DEC 11, 2022 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, -IOWA, ON THE AP- PROVAL OF AN. AMENDED AND RE- STATED DEVELOP- MENT AGREEMENT BY AND AMONG WAL- TER •DEVELOPMENT, LLC AND DULUTH HOLDINGS, INC. PRO- VIDING FOR THE SALE OF CITY -OWNED REAL ESTATE TO WALTER DEVELOPMENT, LLC AND AUTHORIZATION FOR THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REV- ENUE GRANT OBLI- GATIONS PURSUANT TO THE DEVELOP- MENT AGREEMENT PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on'the 6th day of April, 2020, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa, (and/ or by virtual means) at which meeting the City Council proposes to take action to approve an Amended and Re- stated Development Agreement . by and among Walter Develop- ment, LLC, and Duluth Holdings, Inc., a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa, providing for the sale of City -owned real estate and the is- suance of economic devefoprnent grants (Urban Renewal Tax In- crement Revenue Grant Obligations) de- scribed therein in order to carry out the pur- poses and objectives of the Urban Renewal - Plan for the Dubuque Industrial Center Eco- nomic Development District, consisting of the funding of econom- is development grants for Walter Develop- ment, LLC and Duluth Holdings, Inc., under the terms and condi- tions of the Urban Re- newal Plan for the. Dubuque .Industrial Center Economic De- , velopment District. The aggregate amount of I the Urban Renewal Tax Increment Revenue Grant Obligations can- not be determined at the present time but is not expected to exceed $2,630,000. At the meeting, the City Council will re- ceive oral and written objections from any resident or property owner of said City to the above action. After all objections have i been received and con- sidered, the City Coun- cil may at this meeting or at any adjournment thereof, authorize such land disposition and the issuance of the Ur- ban Renewal Tax Incre- ment Revenue Grant Obligations or abandon the _proposal. By order of the City Council said i hearing and appeals therefrom shall be held in accordance with and governed by the provi- sions of Section 403.9 of the Code of Iowa. This notice is given by order of the City Coun- cil of the City of Dubuque, Iowa, as pro- vided by Chapter 403 of the Code of Iowa. Copies of supporting documents for the pub- lic hearing are on file ih the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Agendas can be ac- cessed at https://www. cityofdubuque.org/ agendas. Written comments re- garding the above pub- lic hearing should be' submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, ctyclerk@cityof • dubuque.org, on or be- fore said time of public ; hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said proposal. - Individuals with limit- ed English proficiency, vision, hearing or speech impairments or requiring special assis- tance should contact the City Clerk's Office at (563) 589-4100, TD_ D/ TTY (563) 690-6678, ctyclerk@cityofdubuque. org as soon as feasible. Deaf or hard -of -hearing individuals can use Re- lay Iowa by dialing 711 or (800) 735-2942. Dated this 27th day of March 2020. Kevin 5. Firnstahl City Clerk of Dubuque, Iowa 1t 3/30 Illlllllll ill III lllllllllllllllllll Illlllllll I'lllll lMilf llll Doc ID: 010554520005 Type: GEN Kind: RESOLUTION Recorded: 08/20/2020 at 09:57:25 AM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File2020_00012321 Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 109-20 APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, WALTER DEVELOPMENT, LLC, AND DULUTH HOLDINGS, INC. FOR THE SALE OF CITY -OWNED PROPERTY INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 100-20, dated March 25, 2020, declared its intent to dispose of an interest in City of Dubuque real estate pursuant to an Amended and Restated Development Agreement by and among the City of Dubuque, Walter Development, LLC, and Duluth Holdings, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on April 6, 2020 at 6:30 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; ((and/or by virtual means) and Whereas, it is the determination of the City Council that approval of the Amended and Restated Development Agreement for redevelopment of property by Walter Development, LLC, and Duluth Holdings, Inc., according to the terms and conditions set out in the Amended and Restated Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Amended and Restated Development Agreement by and among the City of Dubuque, Walter Development, LLC, and Duluth Holdings, Inc., a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. 21oO ]--s,6\c\s fj Section 2. The Mayor is hereby authorized and directed to execute the Amended and Restated Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Amended and Restated Development Agreement as herein approved. Passed, approved and adopted this 6th day of April 2020. [YID Roy D. Bud, Mayor Attest: Kevin 5. irnstahl, ity tle k CERTIFICATE of the CITY CLERK STATE OF IOWA ) COUNTY OF ❑UBUQUE ) I, Kevin S. Firnstahl, do of the City of Dubuque, my possession or have do further state that the copy of the original. In Testimony Whereof, I Iowa. SS: hereby certify that I am the duly appointed, qualified, City Clerk Iowa, in the County aforesaid, and as such City Clerk, 1 have in access to the records of the proceedings of the City Council. I hereto attached Resolution No. 109-20 is a true and correct hereunto set my hand and official seal of the City of Dubuque, Dated at Dubuque, Iowa, on this Ph day of April, 2020, Kev'�i S. Firnstahl, AMC, CityClerk � Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 MEMORANDUM OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT An Amended and Restated Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal corporation, of Dubuque, Iowa, Duluth Holdings, Inc., and Walter Development, LLC, was made regarding the following described premises: Lot 2 McFadden Farm Place No. 5 in the City of Dubuque, Iowa The Amended and Restated Development Agreement is dated for reference purposes the e''' day of April, 2020, and contains covenants, conditions, and restrictions concerning the sale and use of said premises. This Memorandum of Amended and Restated Development Agreement is recorded for the purpose of constructive notice. In the event of any conflict between the provisions of this Memorandum and the Amended and Restated Development Agreement itself, executed by the parties, the terms and provisions of the Amended and Restated Development Agreement shall prevail. A complete counterpart of the Amended and Restated Development Agreement, together with any amendments thereto, is in the possession of the City of Dubuque and may be examined at its offices as above provided. Dated this 24 day of7C—.8.kt , 2020. CITY OF DUBU'tJFI. IOWA By: Barry A. Lndahl, Senior Counsel 1 STATE OF IOWA : ss: DUBUQUE COUNTY On this 241h day of July, 2020, before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Barry A. Lindahl, to me personally known, who being by me duly sworn did say that he is the Senior Counsel of the City of Dubuque, a Municipal Corporation and that said instrument was signed on behalf of said Municipal corporation by authority and resolution of its City Council and said Senior Counsel acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. A :_L<_%ai9Licl,v-1 Notary Public, Sta e of Iowa 2 'TRACEY L. STECKLEIt4 Commieaion Number 716018 My Camm. Exp. `/ • ]) ".3 1III1IIllllll llllflf IJIl III11 IIIllllllllllllll'llllllllllllllllll III Doc ID: 010554530003 Type: GEN Kind: SPECIAL WARRANTY DEED Recorded; 08/20/2020 at 09:58:52 AM Fee Amt: $22.00 Page 1 of 3 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2020_00012322 Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: Walter Development, LLC Attn: Tim Hodge, Managing Member 7465 Chavenelle Road Dubuque, IA 52002 SPECIAL WARRANTY DEED The City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below undertaking the obligations of the Developer under the Development Agreement described below and the sum of Ten and no/100 Dollars ($10.00) in hand paid, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL AND CONVEY unto Walter Development, LLC, an Iowa limited liability company (Grantee), the following legally described property situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 2 McFadden Farm Place No. 5 This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 109-20 of the City Council of the City of Dubuque adopted the 6th day of April, 2020, the terms and conditions thereof, if any, having been fulfilled. This Deed is being delivered in fulfillment of Grantor's obligations under and is subject to all the terms, provisions, covenants, conditions and restrictions contained in that certain Amended and Restated Development Agreement executed by Grantor and Grantee herein, dated the 6th day of April, 2020 (the Agreement), a memorandum of which was recorded on the 2O+ day of tts , 200, in the records of the Recorder of Dubuque County, Iowa, Instrument Nu ber Q2o2c - I).3ap _ I a31 Promptly after completion of the improvements and payment in full of the Purchase Price for the Property in accordance with the provisions of the Agreement, Grantor will furnish Grantee with a Certificate of Completion in the form set forth in the Agreement. 072120bal o ca �e�n:I1c1 +ITI1es11,. Such certification by Grantor shall be, and the certification itself shall so state, a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of Grantee, and its successors and assigns, to construct improvements and the dates for the beginning and completion thereof and pay the Purchase Price for the Property, it being the intention of the parties that upon the granting and filing of the Certificate of Completion that all restrictions, re -vesting of title, and reservations of title contained in this Deed be forever released and terminated and that any remaining obligations of Grantee pursuant to the Agreement shall be personal only. Ali certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder of Dubuque, Iowa. if Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, Grantor shall, within twenty days after written request by Grantee, provide Grantee with a written statement indicating in adequate detail in what respects Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts will be necessary, in the opinion of Grantor, for Grantee to take or perform in order to obtain such certification. In the event that an Event of Default occurs under the Agreement and Grantee herein shall fail to cure such default within the period and in the manner stated in the Agreement, then Grantor shall have the right to re-enter and take possession of the Property and to terminate and re -vest in Grantor the estate conveyed by this Deed to Grantee, its assigns and successors in interest, in accordance with the terms of the Agreement. None of the provisions of the Agreement shall be deemed merged in, affected or impaired by this Deed. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this of , 2020 at Dubuque, Iowa. CITY OF DUBUQUE IOWA LJBy: f� Roy D. 06ol, Mayor 2 ATTEST: By: Kevin/8. Firnstah`C, City Clerk STATE OF IOWA } COUNTY OF ❑UBUQUE j SS On this 'day of ,,.\t,4,\ , 2020, before me a Notary Public in and for said County, personally appeared Ray D. Buol and Kevin S. Firnstahl to me personally known, who being 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 seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. TRISH L. GLEASON Commission Number 719986 My Commission 're t k Notary Public in and for Dubuque County, Iowa 3 u u Doc ID: 010554540002 Type GWH Kind: GROUNDWATER HAZARD Recorded: 08/20/2020 at 09:59:23 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2020-00001638 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Walter Development, LLC Address 7465 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 5955 Chavenelle Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 McFadden Farm Place No. 5 in the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE /I1d'ORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transfer[or Agent) FILE WITH RECORDER Telephone No.: (563) 583-4113 DNR form 542-0960 (July 18, 2012)