Environmental Covenant for the Old City Garage Site_IDOT Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Environmental Covenant for the Old City Garage Site
SUMMARY: City Manager recommending approval of the Environmental
Covenant and Release of Prior Property Restriction for the
Old City Garage Site at 925 Kerper Boulevard.
RESOLUTION Approving an Environmental Covenant and
Release of Prior Property Restriction for the Old City
Garage Site, formerly Peoples Natural Gas, at 925 Kerper
Boulevard, Dubuque, Iowa as requested by the Iowa
Department of Transportation
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Old City Garage Environmental Covenant-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Environmental Covenant Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Environmental Covenant: Old City Garage Site, formerly Peoples Natural
Gas
DATE: March 28, 2016
The Iowa Department of Transportation has requested that the City of Dubuque
approve an Environmental Covenant and Release of Prior Property Restriction for the
Old City Garage Site, formerly Peoples Natural Gas. The Covenant is virtually identical
to the covenant adopted recently at the request of the United States Environmental
Agency.
City Attorney Barry Lindahl recommends City Council approval of the Environmental
Covenant and Release of Prior Property Restriction for the Old City Garage Site.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB bE MEMORANDUM
Masterpiece on the Mis * sippi
6
BARRY LINDAH
CITY ATTORNE
To: Michael C. Van Milligen
City Manager
DATE: March 25, 2016
RE: Environmental Covenant: Old City Garage Site, formerly Peoples Natural
Gas
The Iowa Department of Transportation has requested that the City of Dubuque adopt
the attached resolution approving an Environmental Covenant and Release of Prior
Property Restriction for the Old City Garage Site, formerly Peoples Natural Gas. The
Covenant is virtually identical to the covenant adopted recently at the request of the
United States Environmental Agency.
The City of Dubuque is the current owner of environmentally contaminated property with
a local address of 925 Kerper Boulevard, Dubuque, Iowa. The property was previously
owned by Peoples Natural Gas, who among others, contributed to the contamination of
the site. For that reason, it is commonly known as the Peoples Natural Gas Site (the
Site).
On April 19, 1989, the U.S. Environmental Protection Agency (EPA), pursuant to its
authority under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), issued an administrative order for the cleanup and
continued monitoring of the Peoples Natural Gas Site. Pursuant to that order, EPA
required the City of Dubuque to place institutional controls on the Site in the form of a
deed restriction, which was recorded in 1991.
Subsequently, in 2005, Iowa passed the Uniform Environmental Covenants Act (the
Act), which allowed persons to restrict the use of contaminated property in perpetuity by
executing and recording an environmental covenant. Following the enactment of the
Act, environmental covenants have replaced deed restrictions as the preferred
institutional control on sites where contamination will remain on the property.
On September 25, 2013, EPA issued an Amendment to the Record of Decision which
amended the remedy for the Site to require, in part, the placement of an environmental
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
covenant on the property restricting its use because certain soil and groundwater
contamination will remain on the Site. EPA requested that the deed restriction be
removed from the property, as it was EPA's intent for the environmental covenants to
replace the deed restrictions as the sole institutional control on the Site. Pursuant to the
Amended ROD, the City negotiated the environmental covenant with EPA.
The covenant was prepared using the model language provided by the Iowa
Department of Natural Resources and Activity and Use Limitations required for the Site
by EPA. The Activity and Use Limitations both restrict the City's ability to use the
property and require certain affirmative obligations on the part of the City, including, for
example, some of the following: giving access to EPA when requested, notifying future
users of the property of the contamination and the restrictions, not digging below a
certain depth on the property without EPA's permission, not using the property for
residential use, and notifying EPA if anyone does work on the property that could
disturb the contamination.
The practical impacts of the covenant for the City are twofold: (1) the City must ensure
its use of the property complies with the terms of the covenant, and (2) the covenant
limits the future use of the property and therefore makes it less attractive to future
buyers. The City's plan for the future use of the property are to construct a bus
transportation facility with incidental office use. This specific use has already been
approved by EPA and would meet with the requirements of the covenant.
The Iowa Department of Transportation has now requested that the City approve a
similar covenant, which is attached.
I recommend that the resolution approving the attached Environmental Covenant and
Release of Prior Property Restriction be submitted to the City Council for consideration
and approval.
BAL:tIs
Attachment
cc: Don Vogt, Public Works Director
Connor Wasson, Esq., Ahlers Law Firm
FAUSERS\tsteckle\Lindahl\City Garage-Old-New Facilities\MVM_EnvironmentalCovenant_032516.doc
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Number: 201600005376
Recorded: 5/10/2016 at 4:00:10.127 PM
Fee Amount: $72.00
Revenue Tax:
JOHN MURPHY RECORDER
Dubuque County, Iowa
QIOWADOT
Environmental Covenant
And Release of Prior
Property Restriction
Recorders Cover Sheet
PREPARER INFORMATION: Richard Mull, Assistant Attorney General, 800 Lincoln
Way, Ames, IA 50010, 515-239-1521
TAXPAYER INFORMATION: N/A
RETURN DOCUMENT TO: Sharon Bowers, Iowa Department of Transportation, Right
of Way Office, 800 Lincoln Way, Ames , IA 500 10
GRANTORS: GRANTEES:
State of Iowa City of Dubuque , Iowa
LEGAL DESCRIPTION: See Page 2
DOCUMENT OR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS:
Book and Page of previously recorded document is Document Number 1991-00004820.
Filed oil May 15, 199'1.
Dubuque County Page '1 of 14
" ..... ... ...................:.;..<. ... :.~;........... ........•............... ..·u.·.·..v.·.·.·.·.···
"
Return to and Prepared by Ri chard Mull , Assi stant Attorney G e n~ral , 800 Lincoln Way , Ame s, IA 500 I 0, 515-23 9 -1521
ENVIRONMENTAL COVENANT AND
RELEASE OF PRIOR PROPERTY RESTRICTION
This Environmental Covenant is established and executed pursuant to Iowa Code chapter
4551 , entitled Uniform Environmental Covenants Act.
The signatories hereto have entered into this Environmental Covenant for the purpose of
subjecting the property described below , or a portion thereof, to certain activity and use limitations
in accordance with the terms and conditions specified herein,
I. The Property, The State ofIowa is the sole fee simple title owner of real property
legally described as:
Lot I of City Lot 504 ; Lot 1 of Lot 1 of Lot 2 of City Lot 504; Lot 2 of Lot 2 of City
Lot 504 ; Lot I of Lot 3 of Lot 2 of Outlot 504; Lot 1 of Lot 10fLot 1 of Lot I of Lot
I of the Subdivision of ' 'all of Outlot 507 , except the Westerly 100 feet thereof'; Lot
2 of Lot I of the Subdivision of "all of Outlot 507 , except the Westerly 100 feet
thereof'; and the Easterly 208.5 feet of Lot "A" of Vacated East Tenth Street, in the
City of Dubuque , Iowa, according to the recorded plats of said respective
subdivisions, subject to easements of record,
situated in Dubuque, Dubuque County, Iowa (hereinafter "Property"),
2, Background and Release of Prior Property Restriction. On April 19 , 1989, the
U.S. Environmental Protection Agency (hereinafter "EPA" or "Agency"), pursuant to its authority
under the Comprehensive Environmental Response. Compensation and Liability Act of 1980
("CERCLA"), issued an Administrative Order on Consent to address environmental contamination
at a site referred to as the Dubuque Peoples Natural Gas Site ("Site"). Pursuant to that order, the
Iowa Department ofTransportation, acting for the State onowa, placed institutional controls ("Deed
Restriction ") on certain of its real property impacted by the contamination, which instrument was
recorded on May 15, 1991, as Instrument No. 1991-00004820 with the Dubuque County Recorder's
office. Subsequently , EPA and various parties agreed to implement a remedy for the Site (removal
and remedial actions collectively "Environmental Response Project"). On September 25, 2013, EPA
issued an Amendment to the Record of Decision, which amended the remedy for the Site to include,
in part, placement of this Environmental Covenant on the Site because certain soil and groundwater
contamination remains on the Property. The administrative record for the Envirorunental Response
Project is on file at the offices of the u.s. Environmental Protection Agency , Region VII, 11201
Renner Boulevard , Lenexa, Kansas 66219 . In order to implement the Amendment to the Record
of Decision of September 25 , 2013, EPA has requested the State of Iowa to terminate and release
the existing Property Restriction for the property. The State of Iowa hereby terminates and releases
the Property Restriction and, from the date of recording of this Environmental Covenant, the prior
Property Restriction recorded as Instrument No . 1991-00004820 will have no force and effect with
respect to the Property.
3. Reopening. The signatories acknowledge that failure of the Activity and Use
Limitations to serve their intended purpose, including the prevention of exposure to contamination,
could result in the Agency reopening its review and regulation of the contaminant condition on the
Property as may be allowed by applicable law.
4. Identity of Grantor, Holder, and Agency, as each is defined In this
Environmental Covenant and as provided in Iowa Code §4551.3:
Grantor: The State onowa is the current owner of the Property and the
Grantor of this Envirorunental Covenant.
Holder: MidAmerican Energy Company, an Iowa Corporation, is
conducting Environmental Response Projects on the Property.
Agency: The U .S. Environmental Protection Agency (EPA), an agency
of the United States, is the Agency under this Environmental
Covenant.
Third Party Beneficiaries: The Iowa Department of Natural Resources (IDNR), is an
agency of the State of Iowa, although not an Agency
hereunder.
The City of Dubuque , Iowa , is an Iowa Municipal
Corporation, vested , concurrently with the Iowa Department
of Transportation , an agency of the State of Iowa, with
jurisdiction and control of the municipal extension of the
primary highway under Iowa Code section 306.4(4).
5. Representations . The State onowa states to the other signatories to this agreement
the following:
a. that it is the sole fee simple title owner of the Property;
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b. that it holds sufficient fee simple title to the Prope rty to grant the rights and interests
described in this Environmental Covenant free of any conflicting legal and equitable claims, and
c. that it has identified all other persons holding legal or equitable interests to the
Property including, but not limited to, contract buyers, mortgagees , other consensual lien holders and
lessees, and they are:
Under Iowa Code section 306.4(4)jurisdiction and control of the municipal extension of the
primary highway is vested concurrently in the Iowa Department of Transportation and the City of
Dubuque, Iowa. The City of Dubuque, Iowa, therefore, joins in the execution of this agreement.
6. Running with the Property. This Environmental Covenant is perpetuaJ and runs
with the Property as provided in Iowa Code section 4551.9 until modified or telminated . This
Environmental Covenant is binding on the Grantor and the Holders and all of their successors,
assigns and all transferees acquiring or owning any right , title, lien or interest in the Property and
their heirs, successors, assigns , grantees, executors, administrators and devisees. The term
"transferee," as used in this Environmental Covenant, shall mean any future owner of any interest
in the Property or any portion thereof including, but not limited to, owners of an interest in fee
simple, contract buyers, mortgagees , easement holders and /or lessees .
7. Activity and Use Limitations and Terms. The Property is subject to the following
activity and use limitations :
a. Owners of the Property shall notify all tenants in any buildings on the Property or
occupants in any buildings on the Property (he reafter '-tenants or occupants") of these Activity and
Use Limitations and shall condition all occupancy and tenancy of any buildings on compliance with
these Activity and Use Limitations. The Holder identified herein has executed this Environmental
Covenant and is bound by such Activity and Use Limitations without further notice. Failure by any
tenant or occupant to comply with these Activity and Use Limitations does not excuse compliance
by the then existing owner with these Activity and Use Limitations.
b. The Property shall not be used for any purpose other than commercial, industrial or
any and all highway or transportation purposes and matters relating thereto .
c. The Property shall not be used for residential use or use where children may be
present for extended periods of time , including school or day care.
d. Except for monitoring wells authorized by the EPA or IDNR, installation and/or use
of wells for any purpose whatsoever, including but not limited to potable and non-potable water
supply, for human or animal consumption, ilTigation, heat pumps or sanitation , is prohibited.
e. Existing monitoring wells located on the Property shall not be abandoned or closed
without the approval of the EPA or IDNR.
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f. Any new construction of enclosed buildings at the Property must prevent, or include
remedial systems to control and/or abate, vapor intrusion of Contaminants of Concern into any such
new construction at the Property, if necessary for compliance with published standards for
protectiveness of human health and the environment. Such systems must be properly operated and
maintained. Contaminants of Concern at the Site include: polynuclear aromatic hydrocarbons
(PAHs), including naphthalene, benzene, ethyl benzene, toluene, and xylene (BETX).
g. Any person undertaking excavation or construction activities that may disturb soil at
the Property more than six feet below the surface grade shall provide no less than thirty (30) days'
advance written notice thereof to EPA. Such excavation or construction shall not proceed without
prior written approval by the Agency, unless the excavation or construction is part of an
Environmental Response Project that has been approved by the Agency. Such notice and approval
is not required for exigent circumstances, in which case notice must be given as soon as possible.
h. If at the time of their ownership or occupancy an owner, tenant, or occupant observes
or is given notice that some other party, including but not limited to a utility easement holder, is,
without EPA approval, undertaking either emergency or non-exigent excavation or construction
activities more than six feet below the surface grade, said owner, tenant or occupant shall (i)
promptly provide a copy to such other party engaged in such activities of these Activity and Use
Limitations; (ii) promptly notify such other party that all appropriate and necessary assessments and
precautions should be taken prior to such activities including, but not limited to, employee protection
and hazardous substance management; (iii) promptly notify EPA of the other party's activity or
planned activity and contact information for such other party; and (iv) promptly notify such other
party that the materials generated at or from the excavation or construction activities must be
properly managed as may be required by law, making all appropriate and necessary assessment prior
to such management.
8. Notice of Non-Compliance. Any property owner, tenant or occupant, or subsequent
transferee of an interest in the Property shall notify the Agency and IDNR as soon as practical of
conditions which would constitute a breach of the Activity and Use Limitations in paragraph 7 if
they have actual knowledge of these conditions.
9. Access to the Property. Reasonable access to the Property, with prior reasonable
notice to the owner or occupant or tenant, is hereby granted to the authorized representatives of EPA
and IDNR to conduct environmental activities at the Property, to ascertain or ensure that the
Environmental Response Project taken at the Property is or has been implemented and remains
effective and protective ofhmnan health or welfare or the environment, and to determine compliance
with the terms of this Environmental Covenant. Access may include the collection of environmental
samples including, but not limited to, surface water, groundwater and soil. Holder also has access
to the Property during the period of Owner's ownership or during the period the remedial design and
remedial action activities are performed, whichever is shorter. No physical change shall be made
within the highway right-of-way of the Iowa Department ofTransportation by any party without prior
written notice to the Iowa Department of Transportation and compliance with the substantive
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requirements and specifications of the Iowa Department of Transportation for the proposed work.
Written notice shall be submitted to the District Six (6) Engineer, Iowa Department of
Transportation, 5455 Kirkwood Boulevard, Cedar Rapids, IA 52404, sixty (60) days in advance of
the commencement of the proposed work.
10. Cooperation and Assistance. The owner and any tenant or occupant of the Property
must fully cooperate with the authorized representatives of EPA and IDNR and Holder of this
Environmental Covenant as they conduct environmental activities at the Property, if any, and the
owner and any tenant or occupant shall not destroy, damage, interfere with or impede the
effectiveness or integrity of any environmental activities on the Property.
11. Groundwater Hazard Statement Notice . Upon submission of any required
groundwater hazard statement to the county recorder, Iowa Code section 558.69 requires disclosure
if "hazardous waste" exists on the property as defined in Iowa Code section 455B.411 (3),
455B.412(2) or 455B.464, or if the IDNR determines that solid waste exists on the property that is
potentially hazardous. Ifhazardous waste is present, the groundwater hazard statement must state
that the condition is being managed in accordance with IDNR rules. The signatories and all
subsequent transferees required to submit a groundwater hazard statement under Iowa Code section
558.69 shall make reference to this environmental covenant in substantially the following form:
THE rNTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL
COVENANT, DATED [date month, day, year! RECORDED IN THE DEED OR
OFFICIAL RECORDS OF THE [county name! COUNTY RECORDER ON [date
month. day, year! IN [document, book and page, or parcel number1.
12. Modification and Termination. This Environmental Covenant may be modified
or terminated in accordance with and subject to the provisions of Iowa Code chapter 4551. The
termination or modification of this Environmental Covenant is not effective until the document
evidencing consent of all necessary persons is properly recorded.
13. Enforcement. The terms of this Environmental Covenant may be enforced in a civil
action for injunctive or other equitable reliefby the signatories and those persons authorized by and
in accordance with Iowa Code chapter455I including, but not l1mited, to Grantor, Grantees, Holders,
EPA, IDNR and the City of Dubuque, Iowa.
14. Severa bility. If any provision of this Environmental Covenant is found to be
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
15. Governing Law. This Environmental Covenant shall be governed by and interpreted
in accordance wi th the laws of the state of Iowa .
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16 . Recordation. Within thirty (30) days following execution of this Environmental
Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with the
Dubuque County , Iowa , Recorder 's Office .
17. Effective Date . The effective date of this Environmental Covenant shall be the date
upon which the fully executed Environmental Covenant has been properly recorded with the
Dubuque County , Iowa, Recorder's Office .
18 . Notice . Unless otherwise notified in writing by an Agency , any document or notice
required by this Environmental Covenant shall be submitted to:
EPA
Director, Superfund Division
U.S. Environmental Protection Agency , Region VII
11201 Renner Boulevard
Lenexa, Kansas 66219
IDNR
Iowa Department of Natural Resources
Contaminated Site Section Supervisor
Wallace State Office Building
502 East Ninth Street
Des Moines , IA 50319
Holder
MidAmerican Energy Company
Attention: Environmental Services
P .O. Box 657
Des Moines , IA 50306-0657
19 . Subordination and Consent. By signing this Environmental Covenant, the
signatories knowingly and intelligently acknowledge their consent to the terms of this Environmental
Covenant and agree to subordinate their interest in the Property .
20 . Signature. This Environmental Covenant may be signed in counterpart.
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GRANTOR:
I, Terry E. Branstad, Governor of the State oflowa, have caused this instrument to be issued at Des
Moines , on this~ay of I1pr r L , 2016 . . . ~f~ "
Terri'f. B
Paul . Pate, Iowa Secretary of State
I hereby certify that the foregoing Environmental Covenant is recorded in Vol. ~, Page ~~in
the State Land Office. ~~
Paul . Pate, Iowa Secretary of State
State of Iowa )
) SS:
County of Polk )
On this ~day of ~xu::L-
Branstad , Governor of Iowa , who oeing duly swo
State of Iowa
County of Polk
)
)
)
SS:
On this ~day of f\26\ ,2016 , before me personally appeared Paul D. Pate ,
Iowa Secretary of State, who bemg duly sworn , did sign this Environmental Covenant.
N otary Public , State of Iowa
7
OMn CllfNO. ,.."1If0CN:'.!f!'!....
.....1&Mw 1•. 201 g
·,
HOLDER:
MIDAMERICAN ENERGY COMPANY
,2016
State of lo\Vct )
) SS:
County of Potf.",...ff-"I'kj e. )
On this l'}rl, day of ~cA , 2016, before me personally appeared
Je.I\I"'f~ tlor , who being duly sworn , did
say that she is the \/PI Cn~;ro" rt\CI\/-Q.l «zY4~S of the corporation, that (the seal affixed
to said instrument is the seal of said corporation or no seal has been procured by said corporation)
and that the instrument was signed and sealed on behalf of said corporation by authori ty of its board
of directors and that the said officer acknowledges the execution of said instrument to be the
voluntary act and deed of said corporation by her vciluntarify executed:
Nota~;~
"I~ KELLY L 'HtlLlPSCommission Numbel' 748186~ ,·..0 My
6 (I
Commission E_p ·res
'0
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AGENCY:
U.S. ENVIRONMENTAL PROTECTION AGENCY
By : Mary terson, DIrector
Superfund Division
U.S. EPA, Region VII
State of Kansas )
) SS:
County of Johnson )
On this q\A"'\day of 'lJct~ ,2016, before me personally appeared Mary Peterson,
the Director ofthe Superfund Division of Region VII ofthe U.S. Environmental Protection Agency,
who being duly sworn, did sign this Environmental Covenant.
NOTNW 'UllUC· ...of 1Ca_
. MILADY R . . PETERS .e..My Appl. Expires -+'-IrR4-I-+-
9
.• ,;,,1:, si on Num ber 719986
I·, V ;"omm ission Exp ires
~. .
OTHER INTERESTED PARTY:
City of Dubuque, Iowa
D.L-/_A-",-p_r _i_l_ 4 ___ , 2016
Bu o l
~hlBy:
City ClerkTitle:
State of Iowa
SS:
County of Dubuque
On thi s 4 t h day of Apr iI, 2016, before me , personally appeared
Ro y D. B u o~ and Ke v in S . Firnstahl
to me personally known , and , who, being by me dul y sworn, did say that they are the Mayor and City
Clerk , respectively , of the City of Dubuque , Iowa; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation , and that the instrument was signed and sealed on behalf of
the corporation, by authority of its City Council , as contained in Ordinance No. 4 3 -0 9
passed (the Resolution adopted) b y the City Council, under Roll C all No. _N_I_A_ _____ of
the Ci t y Council on the jj_~_ day of £.2I)_1_______, 2016 , and that
Ro y D. Buol and Ke vin S. Firnstahl
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
~(b.~ --"" I ~H l. CUM SON
Notary Public, State of Iowa
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RESOLUTION NO. 106-16
APPROVING AN ENVIRONMENTAL COVENANT AND RELEASE OF PRIOR
PROPERTY RESTRICTION FOR THE OLD CITY GARAGE SITE, FORMERLY
PEOPLES NATURAL GAS AT 925 KERPER BOULEVARD, DUBUQUE, IOWA AS
REQUESTED BY THE IOWA DEPARTMENT OF TRANSPORTATION
Whereas, the City of Dubuque is the current owner of environmentally
contaminated property with a local address of 925 Kerper Boulevard, Dubuque, Iowa,
which property was previously owned by Peoples Natural Gas, who among others,
contributed to the contamination of the site, commonly known as the Peoples Natural
Gas Site (the Site); and
Whereas, the U.S. Environmental Protection Agency (EPA) previously required
the City of Dubuque to place intuitional controls on the Site in the form of a deed
restriction, which was recorded in 1991; and
Whereas, EPA requested that the deed restriction be removed from the property,
as it was EPA's intent for an environmental covenant to replace the deed restriction as
the sole institutional control on the Site; and
Whereas, City negotiated the Environmental Covenant with EPA which was
approved by the City Council on September 8, 2015; and
Whereas, the Iowa Department of Transportation has requested that the City
adopt the Environmental Covenant and Release of Prior Property Restriction attached
hereto; and
Whereas, the City Council finds that it is in the best interests of the City of
Dubuque to approve the Environmental Covenant and Release of Prior Property
Restriction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Environmental Covenant and Release of Prior Property
Restriction attached hereto is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the
Environmental Covenant and Release of Prior Property Restriction on behalf of the City
of Dubuque.
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Section 3. The City Manager is authorized to take such action is may be necessary and
convenient to implement the Environmental Covenant and Release of Prior Property
Restriction.
Passed, approved and adopted this 4th day of April, 201
ATTEST:,
Kevin Firnstahl, Cityerk
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Roy D. Buo , j ayor
· ."
.: . "
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
) 55:
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. 106-16 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 5th day of April , 2016.