Dubuque Industrial Center North First Addition CovenentsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Covenants in the Dubuque Industrial Center North
DATE: February 2, 2011
When the City platted the Dubuque Industrial Center West, the City Council also
approved covenants to govern the development of this industrial property. These
covenants were expanded to later include the additions in the Dubuque Industrial
Center West. The covenants provide regulations for the following:
1). Maintenance of Public Areas
2). Assessments for Maintenance
3). Architectural Control
• Construction Materials
• Landscaping Features
• Exterior Signage
Economic Development Director Dave Heiar recommends the City Council approve a
Resolution that adopts the same covenants that govern the Dubuque Industrial Center
West, for the Dubuque industrial Center North First Addition.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
4_
ael C. Van
Milligen
gen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
Dubuque
bliZA
AI-AmerlcaCi7
2007
PREPARED BY IIW ENGINEERS Al SURVEYORS P.C. 6155 PENNSYLVANIA AVE, DUBUQUE. IOWA. 563.556.2464
FINAL PLAT
DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
IN THE CITY OF DUBUQUE, IOWA
ACCESS EASEMENTS ARE HEREBY ESTABLISHED OVER AND ACROSS LOTS 2, 3
AND 4 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION AND
SUBDIVISIONS THEREOF, FOR THE PURPOSE OF PROVIDING THE CITY OF DUBUQUE,
FOR ITSELF, THEIR AGENTS, CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC
RIGHTS OF WAY TO LOTS A AND C OF DUBUQUE INDUSTRIAL CENTER NORTH
FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA FOR THE REPAIR AND
MAINTENANCE OF CITY PROPERTY AND FACILITIES.
DESCRIPTION: COMPRISED OF THE WEST 30 ACRES, LOT 1 AND LOT 2 OF THE
EAST 10 ACRES OF THE NE1 /4— NW1 /4, LOT 1 -1, LOT 2 -1, AND LOT 2 OF THE
NW1 /4— NE1 /4, SW1 /4— NE1 /4, LOT 1 -1 AND LOT 2 -1 OF' THE SE1 /4— NW1 /4,
LOT 2 OF THE SW1 /4 —NW1 /4 ALL IN SECTION 30, TOWNSHIP 89 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPLE MERIDIAN AND LOT 2 OF DUBUQUE INDUSTRIAL
CENTER WEST 6TH ADDITION ALL IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: CITY OF DUBUQUE, IOWA
SURVEYED FOR: CITY OF DUBUQUE, IOWA
DATE OF SURVEY: OCTOBER 2010
TOTAL AREA SURVEYED: 169.818 ACRES
LEGEND
PLAT BOUNDARY
• FOUND 5/8 " IRON ROO W/
PLASTIC CAP NO. AS NOTED
• FOUND PK NAIL
O SET 5/8" IRON R00 W/
RED PLASTIC CAP NO. 12631
• SET CUT "X" IN CONCRETE
( ) RECORD INFORMATION
R.O.W. RIGHT —OF —WAY
EX EXISTING
U.E. PUBLIC UTIUTY EASEMENT
lmalllilu011,..
NORTH
GRAPHIC SCALE
0 400 800
1" =800'
DRAWING MAY HAVE BEEN REDUCED
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS —OF —WAY
OF RECORD AND NOT OF RECORD.
1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY %ORR WAS PERFORMED SY ME OR UNDER MY
ORECT PERSONAL SUPERNSION AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF 101/A
FCR 56 ENGINEERS at SURVEYORS, P.C.
JOHN M. TRANMER
UCENSE N0. 12631
DATE
MY *CEN5E RENEWAL DATE 15 12/31/2010
PACES OR SHEETS COVERED 8Y THIS SEAL SH EE T 5 • L 3. h 4 ONLY
IIW ENGINEERS &
SURVEYORS, P.C.
INTEGRITY. E[PBITIS8 SOLUTIONS.
865311,1A xwx.(1arp..Wl
4155 PENNSYLVANIA AVE DUBUQUE.. 52002
VOICE (5612556-3161 FAX (502)5347511
DRAWN SAF
CHECKED JMT
DATE 11 -05 -10
PLAT NO. 48 —IA -10
PROJ. NO. 07147 -01
SHEET 1 of 4
P: \07 \147- 01 \CIV \DWG \PHASE 3 \FINAL PLAT -2
FINAL PLAT
DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
NW COR NE1 /4 -NW1 /4 IN THE CITY OF DUBUQUE, IOWA
SEC. 30 -89 -2E
YELLOW CAP #13148 S8712'06 "W 1310.75'
I LO T 2 -2 OF
E 901 6' OF
N..650' OF
I LOT 1
LOT 1 -2 OF
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OF LOT 1
LOT 1 -1 -1
LOT 1 OF S.
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54
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF
RECORD.
58712'06 "W
817.77'
NORTH LINE OF -
NE1 /4-NW1 /4
I LOT 4
66796 ACRES
Or a
S8712'06 "W_
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FOUND PK NAIL
S87'04'16 "W
180.00'
.1
S87'3513 "W 467.29'
WEST LINE
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GRAPHIC SCALE
0 200 400
1" =200'
DRAWING MAY HAVE BEEN REDUCED
S87'04'16 "W 1341.97'
OT D
6.685 ACRES (--- 211.3'
25.3'
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50'
8 "4'06"
21 2.63'
111927'39 "W
130.85'
LOT C
40.726 ACRES
Z
0
DRAWN SAF
CHECKED JMT
N19'10'14 "W
134.44'
NORTH LINE OF —
NW1/4-NE1/4
EAST LINE OF
NW1 /4 -NE1 /4
NE COR SWI /4 -NE1 /4
SEC. 30 -89 -2E
NO CAP
DATE 11 -05 -10
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0
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EAST LINE OF
IIW ENGINEERS &
SURVEYORS, P.C.
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N87'13'08 "E
29.13'
LOT 2 -6
LOT 3
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CENTER WEST
4TH ADDITION
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SEWER EASEMENT
N10'42'11 "E
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WEST LINE OF
SE1 /4 -NW1 /4
3 A
5/8" R06,
YELLOW OP LOT 1
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF
RECORD.
Cpl 24 114
SE' 1 ,0 -6
SEC
SOUTH LINE OF
SE1 /4 -NW1 /4
N
'1 08 "E
J
SW COR SE1 /4 -NW1 /4 \
SEC. 30 -89 -2E
RED CAP #12631
DUBUQUE INDUSTRIAL CENTER WEST
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'co °
EX AT &T EASEMENT
PER INST. 5903 -88
rn
LOT 3
24.506 ACRES
N87'13'08 "E - �
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GRAPHIC SCALE
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R= 1050.00'
G= 5'11'43"
CHORD = 584'27'38 "W
95.18'
FINAL PLAT
DUBUQUE INDUSTRIAL CENTER NORTH FIRST 1
ADDITION IN THE CITY OF DUBUQUE, IOWA w
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0 1. EASEMENT
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t8.369 ACRES
N
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57.8'
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418.24' 18'
25' X 25' r
SANITARY SEWER \
EASEMENT /
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( EASEMENT
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27.91'
CHAVENELLE
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- L= 369.05'
R= 1050.00'
8= 20'08'17"
CHORD =N82'52'22 "W
367.15'
N88'19'51 "E
S24'08 "
E ELECTRIC TRANSMISSION
87.35' UNE EASEMENT ACROSS
SW1 /4 -NE1 /4 OF SEC. 30
T89N, R2E, RECORDED IN
BK, L25, PG. 535 AND
VACATED PER THIS PLAT
S89'18'10 "W
328.25'
EX AT &T EASEMENT
PER INST. 5903 -
SOUTH LINE OF -
`_ 33 1702 '31 "E 13.1'02' -
5/8" RO
RED CAP
#12631
DUBUQUE INDUSTRIAL
` LOT I \ v \ CENTER WEST
O
S72'32'04 "E
196.49'
q DUBUQUE
p t INDUSTRIAL
OQ d CENTER WET
N 6TH ADDI TIO
5/8" ROD
RED CAP
#126. 1
LOT C
O
DRAWN
DATE
\
SAF
CHECKED JMT
SE COR
SW1 /4 -NE1 /4
SEC. 30 -89 -2E
YELLOW CAP #13146
rn \
•
u3
11 - 05 - 10
EAST LINE OF
SW1 /4 -NE1 /4
676.06'
LOT A
IIW ENGINEERS &
SURVEYORS, P.C.
INTEGRITY EXPERTS! SOLUTIONS
WEL 0111.1
11151TNNSTLYANIA AYR X1IL'QUEJA 52662
WIGWAG...61 FAX TINT! #9111
N
APPROX. ELECTRIC
TRANSMISSION LINE
EASEMENT
BK. L.25, P. 535
21.83'
16.5' I
X
.2
PLAT NO. 48 -IA -10
PROJ. NO. 07147 -014
SHEET 3 of 4
Prepared by: David J. Heiar, Economic Development Director Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121
RESOLUTION NO. 35-11
ADOPTING THE THIRD AMENDED AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS,
LIENS AND CHARGES WITH RESPECT TO DUBUQUE INDUSTRIAL CENTER
NORTH FIRST ADDITION
Whereas, the City platted the Dubuque Industrial Center West and on October 25,
1999 the City Council adopted covenants to govern this industrial property; and
Whereas, on April 15, 2002 the City adopted the covenants to include the Dubuque
Industrial Center West Lots 1, 2, 3, 4 A, B, C and D and Dubuque Industrial Center West
2 Addition to the Dubuque Industrial Center West; and
Whereas, on June 2, 2006 the City adopted the covenants to also include the
Dubuque Industrial Center West 5 Addition; and
Whereas, on November 15, 2010 the City Council approved the final plat for the
Dubuque Industrial Center North Addition; and
Whereas, the City Council has determine that the Third Amended and Restated
Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and
Charges attached hereto should govern Dubuque Industrial Center North First Addition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Third Amended and Restated Declaration of Covenants,
Conditions, Restrictions, Reservations, Easements, Liens and Charges is hereby approved
and shall govern Dubuque Industrial Center North First Addition
Section 2. The Mayor and City Clerk are hereby authorized and directed to endorse
the approval for the City of Dubuque, Iowa on the Third Amended and Restated
Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and
Charges.
Passed, approved and adopted this 7 day of February 2011.
Attest:
anne F. Schneider, City Clerk
r "
Z,
F: \USERS \Econ Dev \DICW \Covenants & Ordinance\20110202 Resolution Adopt North Addition Covenants_1_1.doc
Roy D. Buol, Mayor
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330 , Dubuque, Iowa 52001 Phone: 563 - 583 -4113
Return to: Jeanne Schneider, City Clerk Address: City Hall 50 W. 13 Street Telephone: 589 -4121
DUBUQUE INDUSTRIAL CENTER NORTH FIRST
ADDITION
STATE OF IOWA 1
1 ss:
COUNTY OF DUBUQUE 1
The City of Dubuque, Iowa, ( "City ") hereby makes THIS THIRD AMENDED
AND RESTATED DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES on this
7 day of February, 2011.
BACKGROUND
City is the owner of certain property in Dubuque, County of
Dubuque, State of Iowa, which is described as Dubuque Industrial
Center West Lots 1, 2, 3, 4, A, B, C, D, Dubuque Industrial Center
West 2nd Addition, Dubuque Industrial Center West 5 Addition in
the City of Dubuque, Iowa; and Dubuque Industrial Center North
First Addition.
City on October 25, 1999 adopted the Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens and Charges recorded as Instrument
No. 17454 -99 on November 16, 1999 with respect to Dubuque Industrial Center
West Lots 1, 2, 3, 4, A, B, C and D. City on April 15, 2002 adopted its Amended and
Declaration of Covenants, Restrictions, Reservations, Easements, Liens and
Charges with respect to Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and
D, Dubuque Industrial Center West 2 Addition in the City of Dubuque, Iowa. City
Page 1
THIRD AMENDED AND RESTATED
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS,
LIENS AND CHARGES
adopted the Declaration of Covenants, Conditions, Restrictions, Reservations,
Easements, Liens and Charges recorded as Instrument No. 2006 - 00008229 on
June 2, 2006 with respect to Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C
and D, Dubuque Industrial Center West 2nd Addition and Dubuque Industrial Center
West 5 Addition.
City now desires to add Dubuque Industrial Center North Addition to the Properties
described in the Amended and Declaration of Covenants, Conditions, Restrictions,
Reservations, Easements, Liens and Charges as provided in Article II thereof.
City hereby adopts this Third Amended and Restated Declaration of Covenants,
Conditions, Restrictions, Reservations, Easements, Liens and Charges as
hereinafter set forth, which shall be binding upon City's successors and assigns and
which shall apply to the following described property (the Properties):
Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D;
Dubuque Industrial Center West 2nd Addition;
Dubuque Industrial Center West 5 Addition; and
Dubuque Industrial Center North First Addition
DECLARATION
The following provisions are set forth to guide the initial development and
provide a format for the ongoing management of Dubuque Industrial Center West.
It is the objective of these provisions to set forth minimum standards and restrictions
to create an industrial center that emphasizes the general appearance and
aesthetics of the center. Specifically, these provisions intend to emphasize a
continuity and compatibility of exterior appearance through building facades,
landscaping and other exterior features.
City hereby declares that all of the Properties described herein shall be held,
sold and conveyed subject to the following covenants, conditions, restrictions,
reservations, easements, liens and charges, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of said real
property. These covenants, conditions, restrictions, reservations, easements, liens
and charges shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in the Properties herein described or any part
thereof, and shall inure to the benefit of each owner thereof.
ARTICLE I. DEFINITIONS
Section 1. "Properties" shall mean and refer to each and every parcel, and
all portions thereof, of the real property herein before described and such additions
thereto as may be hereafter added.
Section 2. "Lot" shall mean and refer to any plot of land, except Public
Page 2
Areas and public rights -of -way, shown upon any recorded Subdivision Plat of the
Properties.
Section 3. "Owner" shall mean and refer to the record titleholder, whether
one or more persons or entities, of fee simple title to any Lot which is a part of the
Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 4. "Public Areas" shall mean and refer to the landscaped areas,
recreational trail, park lands and lake areas as identified by the exhibit attached and
hereby made a part of this Declaration the ownership of which shall be retained by
the City of Dubuque. The Public Areas shall be open to the public for the use and
enjoyment of the public.
ARTICLE II. ANNEXATION OF ADDITIONAL PROPERTY
At any time within twenty -five (25) years from the date hereof, City may, by
instrument duly executed and recorded, add additional land to the Properties.
ARTICLE III. PUBLIC AREAS
City shall cause the construction of such improvements as City deems
appropriate in the Public Areas. Maintenance and repair of the Public Areas and its
improvements shall be the responsibility of City with fifty percent (50 %) of costs of
such maintenance and repair assessed to and paid by the Owners. Private
connections to the Public Areas and the subsequent maintenance and repair of
such private connections shall be the responsibility of each Owner and shall not be
constructed without the prior written approval of City.
ARTICLE IV. MAINTENANCE ASSESSMENTS
Section 1. City shall levy against the Properties in each assessment year
an annual assessment for the purpose of paying fifty percent (50 %) of the actual
costs of City s maintenance and repair of the Public Areas and the actual costs
associated with maintaining and lighting the park entrance signs. Said assessment
may also include the establishment of a capital improvements reserve fund for such
purposes. Upon establishment of such assessment levy, each Owner shall pay to
City a pro rata share (as hereinafter defined) of such assessment levy.
Section 2. If such pro rata share is not paid within thirty (30) days after its
due date, the amount of such pro rata share shall become a lien upon the Lot
obligated to pay the same and shall bear interest from the due date at the highest
legal contract rate applicable to a natural person. City may bring an action at law
against any Owner obligated to pay the same, or foreclose the lien against the Lot.
Page 3
The Owner shall also be obligated to City for City s costs and reasonable attorney's
fees of any collection efforts. No Owner may waive or otherwise avoid liability for an
assessment provided herein by non -use of the Public Areas or abandonment of a
Lot.
Section 3. An Owner's pro rata share shall be equal to a fraction, the
numerator of which shall be the gross square feet area of the Lot or Lots owned by
the Owner and the denominator of which shall be the gross square feet area of the
Properties exclusive of the Public Areas and public rights -of -way.
ARTICLE V. ARCHITECTURAL CONTROL
Section 1. General Requirements. No building, fence, wall or other
structure, including signage, shall be commenced, or erected upon any Lot nor shall
any exterior addition to or change or alteration therein be made nor shall any
landscaping be performed nor shall any filling, grading or excavation be
commenced until the plans and specifications showing the nature, kind, shape,
height, materials, colors and location of the same shall have been submitted to and
approved in writing by the City Manager as to harmony of external design and
location in relation to surrounding structures and topography.
Section 2. Construction Materials. The use of appropriate exterior
building materials shall be required to enhance the overall appearance of Dubuque
Industrial Center West. One or more of the following durable, high quality materials
shall be used as the construction material of all exterior building walls or structures:
brick, stone, concrete panels, textured concrete block, fascia glass, architectural
metal, exterior insulating finish systems (EIFS), wood or other approved material.
Section 3. Landscaping Features. Landscape plans shall be reviewed
by the City Manager to ensure a compatible design that relates the new
development to its surroundings, including its relationship to adjoining private Lots
and Public Areas. The Planned Unit Development (PUD) ordinance for the
Dubuque Industrial Center West provides for minimum landscaping requirements;
however, approval of a plan may require additional landscaping elements to be
incorporated in the planting scheme based on the specific Lot location, type and
location of structures on the Lot or adjacent developments.
Section 4. Exterior Storage. The requirements of the PUD ordinance for
the Dubuque Industrial Center West shall be controlling.
Section 5. Postal Service. A centralized postal delivery station will be
installed in the Public Areas to provide individual mail boxes for businesses located
in the Dubuque Industrial Center West. No other mail box or receptacle of any kind
shall be allowed on any Lot or upon the public right -of -way.
Page 4
ARTICLE VII. GENERAL PROVISIONS
Section 1. It shall be the responsibility of each Owner to maintain and
repair public sidewalk surfaces on the Owner s Lot and the adjoining public right -of-
way and to keep the same free and clear of ice, snow, defects or nuisances.
Section 2. The Owner of any Lot, vacant or improved, shall maintain the
Lot at all times in clean, safe, orderly and sanitary condition. Plant material and
lawn areas shall be continually maintained in a manner consistent with the growing
requirements and characteristics of each planted species.
Section 3. Erosion control shall be the responsibility of the Owner of each
Lot during any and all construction periods. Each Owner shall maintain at all times
the cleanliness of any public rights of way impacted by construction material,
including but not limited to mud, dirt, mulch or any other material or debris
associated with the construction. Clean up shall occur on not less than a daily
basis.
Section 4. City shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations, easements, liens and
charges now or hereafter imposed pursuant to the provisions of this Declaration.
Failure by City to enforce any of said covenants or restrictions shall not be deemed
a waiver of the right to do so thereafter, nor shall it be construed as an act of
acquiescence or approval on the part of City.
Section 5. Invalidation of any one of the provisions of this Declaration by
court judgment or order shall neither effect nor invalidate any other provision, and
the same shall remain in full force and effect.
Section 6. Any firm, person, corporation or other entity which shall
succeed to title to any Lot through foreclosure of a mortgage or other security
instrument or through other legal proceedings, shall succeed to the rights, duties
and liabilities of the previous Owner as herein provided.
Section 7. The covenants and restrictions of this Declaration shall run with
the land and shall inure to the benefit of and be enforceable by City, or the Owner of
any Lot subject to this Declaration, the Owner s legal representatives, heirs,
successors and assigns, for a term of 21 years from the date of the recording of this
Declaration. The City or any other interested party may, prior to the expiration of
these covenants, file a verified claim pursuant to Iowa Code Section 614.24 to
extend these covenants for an additional 21 years.
Section 8. This Declaration may be amended by an instrument signed by
City and Owners of not less than 80 percent of the Properties by area. Any
instrument amending, modifying or canceling this Declaration shall not take effect
until its recording.
Page 5
Section 9. In the event any Owner fails or neglects to perform its rights,
duties and obligations in accordance with the intents, purposes and provisions of
this Declaration, City may take such further action as may be necessary, from time
to time, to ensure that the objects and purposes of this Declaration are fulfilled.
Attest;
By:
eanne F. Schneider, City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE, IOWA
SS
On this 7 'day of— i , 2011, before me a Notary Public in
and for said County, personally appeare ' oy D. Buol and Jeanne F. Schneider 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.
A t A
Notary Public in and for Dubuque County, Iowa
/OWN
SUSAN M. WINTER
COMMISSION N0,183274
MY COMMISSION EXPIRES
2/14/14
Page 6
Roy D uol, Mayor