Kerper Court - Verified Claim to Renew Covenants, Conditions, Restrictions Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Kerper Court-Verified Claim to Renew Covenants,
Conditions and Restrictions
SUMMARY: City Manager recommending approval of a Verified Claim
that will extend the restrictions on use of a property located
on Kerper Court for a period of 21 years from the date of
recording.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Verified Claim Extending Restrictions on Kerper Court City Manager Memo
Property-MVM Memo
Staff Memo Staff Memo
Verified Claim Supporting Documentation
Agreement For Exchange of Land Supporting Documentation
Memorandum of Agreement February 2000 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: Verified Claim Extending Restrictions on Use of Property on Kerper Court
DATE: June 13, 2016
In 1999, the City of Dubuque entered into an agreement with John P. Mihalakis and
Richard L. Billmeyer relating to property which is now located on Kerper Court. The City
owned the property at that time and agreed with Mr. Mihalakis and Mr. Billmeyer to
exchange the City property for property owned by them in connection with the Eagle
Window Project.
As a part of the exchange agreement, certain limitations were placed on the use of the
Kerper Court property, including the requirement that all operations and activities (other
than construction) be conducted or maintained within completely enclosed buildings,
except for off-street parking and loading facilities and that no exterior storage be
permitted on the property other than exterior trash collection areas as described in the
agreement.
Under Iowa law, those restrictions on the use of the property will expire in 2020. Iowa
law allows the City to file a claim to extend the restrictions on use for an additional 21
years.
City Attorney Barry Lindahl recommends City Council approval of a Verified Claim that
will extend the restrictions on use of the property for a period of 21 years from the date
of recording.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
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HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 13, 2016
RE: Verified Claim Extending Restrictions On Use Of Property On Kerper
Court
In 1999, the City of Dubuque entered into an agreement with John P. Mihalakis and
Richard L. Billmeyer relating to property which is now located on Kerper Court. The City
owned the property at that time and agreed with Mr. Mihalakis and Mr. Billmeyer to
exchange the City property for property owned by them in connection with the Eagle
Window Project.
As a part of the exchange agreement, certain limitations were placed on the use of the
Kerper Court property, including the requirement that all operations and activities (other
than construction) be conducted or maintained within completely enclosed buildings,
except for off-street parking and loading facilities and that no exterior storage be
permitted on the property other than exterior trash collection areas as described in the
agreement.
Under Iowa law, those restrictions on the use of the property will expire in 2020. Iowa
law allows the City to file a claim to extend the restrictions on use for an additional 21
years.
The attached Verified Claim when recorded will extend the restrictions on use of the
property for a period of 21 years from the date of the recording of the Verified Claim.
I recommend that the Verified Claim be submitted to the City Council for approval.
BAL:tIs
Attachment
F:\USERS\tsteckle\Lindahl\Industrial-Tech Park Covenants\MVM_MihalakisBillmeyerVerifiedClaim_061316.doc
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
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Y
11
11
11
1111
Doc ID 008470690002 Type GEN
Kind: AMEND TO RESTRICT COVENANTS
Recorded: 07/08/2016 at 02:23:15 PM
Fee Amt: $12.00 Pape 1 of 2
Dubuque County Iowa
John Murphy Recorder
F11e2016-00008563
Filed by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
Return to Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001
VERIFIED CLAIM PURSUANT TO IOWA CODE SECTION 614.24
TO RENEW USE RESTRICTIONS
WHEREAS, the City of Dubuque, Iowa (City) and John P. Mihalakis and Richard
L. Billmeyer entered into an Agreement for the Exchange of Land dated February 15,
1999, a Memorandum of Agreement of which was recorded on February 15, 2000,
Instrument No. 1620-00, which Agreement included certain restrictions on the use of the
following described real property:
Lot 5 of Kerper Industrial Park in the City of Dubuque, according to the
recorded plat thereof and Lot 2 of FDL Second Addition to the City of
Dubuque, Iowa according to the recorded plat thereof, now known as Lot 1
and Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa
; and
Whereas, the restrictions on use are valid for a period of twenty-one years from
the date of recording of the Memorandum of Agreement; and
Whereas, Iowa Code § 614.24 allows City to file a verified claim to extend the
restrictions on use for an additional twenty-one years; and
Whereas, City desires to extend the restrictions on use for an additional twenty-
one years.
NOW, THEREFORE, the City of Dubuque, Iowa, pursuant to Iowa Code §
614.24(1) hereby files this verified claim to preserve and extend the a restrictions on use
in the Agreement for the Exchange of Land, a Memorandum of Agreement of which was
recorded on February 15, 2000, Instrument No. 1620-00, for an additional period of
twenty-one years.
051016bal
Cam/ IC
Dated: �� c 2/e/'
ATTEST:
40,
dliOr
Kevin Firnstahl, City Clerk
CITY OF DUBUI UE, IOWA
B
D
Roy D. B rf.l , Mayor
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this j`"" day of t,,t1 , 2016, before me a Notary Public in and
for said County and said State, personallkj appeared Roy D. Buol and Kevin S. Firnstahl to
me personally known, who, being by me duly sworn, did say that they are the Mayor and
City Clerk respectively, of the City of Dubuque, Iowa; and that the said Roy D. Buol and
Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be
the voluntary act and deed of said municipal corporation, by it and by them voluntarily
executed.
TRISH L. GLEASON
Commission Number 719986
My Commission Expires
••
, Notary public
F:\USERS\tsteckle\Lindahl\Industrial-Tech Park Covenants\VerifiedClaimCovenant Renewal Mihilakis Billmeyer051016.docx
2
AGREEMENT FOR THE EXCHANGE OF LAND
This AGREEMENT is made and entered into this 15th day of February, 1999, by and
between JOHN P. MIHALAKIS and RICHARD L. BILLMEYER, and the CITY OF DUBUQUE, IOWA, a
municipal corporation.
Section 1. DEFINITIONS. As used in this Agreement, the following terms shall have the
following meanings:
1.1 "Developers" shall mean John P. Mihalakis and Richard L. Billmeyer.
1.2 "City" shall mean the City of Dubuque, Iowa
1.3 "Hazardous Substance" shall mean any substance that is toxic, ignitable, reactive or
corrosive or that is identified or defined as hazardous by any local government, the state of Iowa, or
the United States government as such identification or definition may be amended during the term
of this agreement. The term includes, but is not limited to, all hazardous wastes, hazardous
materials, regulated substances, asbestos, polychlorinated biphenyls (PCB), urea formaldehyde,
flammable explosives, radioactive materials, solid waste, oil, petroleum, and petroleum products.
1.4 "Closing Date" shall mean the date for the exchange of deeds which shall take
place upon the satisfaction of all conditions of this agreement but no later than the date of closing
of the Eagle Agreement with the City.
1.5 "Parcel A" shall mean the real estate owned by Developers and described in Exhibit
A.
1
I
1.6 `Parcel B" shall mean the real estate owned by City and proposed for acquisition by
City and described in Exhibit B.
1.7 "City Improvements" shall mean the excavation and filling of a portion of Parcel B
and the construction of a proposed City street, including sanitary sewer and water mains to be
constructed at the expense of City as described in Section 6 hereof.
Section 2. PRELIMINARY ACTIONS
2.1 Environmental Review. City shall furnish Developers with an environmental audit
report from an engineering or other firm acceptable to Developers which shall report that, after
appropriate investigation by such firm, there is no apparent or likely contamination of the City's land
to be conveyed to Developers or of the Seller's land to be conveyed to City by any Hazardous
Substance.
2.2 Timing and Costs. City shall obtain the environmental audit report within twenty
days after the date hereof. The cost of obtaining the environmental audit shall be paid by City.
2.3 Right to Withdraw upon Review. In the event any contamination by a Hazardous
Substance is identified or suspected as a result of said environmental audit, Developers or City may,
at their discretion, revoke this contract by written notice to the other within fourteen (14) working
days after receipt of the report. Said revocation shall relate back to the moment of acceptance.
Section 3. CONVEYANCE TO CITY
3.1 Delivery of Deed. On the Closing Date, Developers shall convey title to Parcel A
to City subject only to easements, restrictions, conditions and covenants of record.
2
3.2 "As is" Condition. Developers are transferring the real estate to City, in its "AS
IS" and "WITH ALL FAULTS" condition and Developers have not made and will not make any
warranties or representations with respect to the physical condition of the real estate. City agrees
that it has been given full and ample opportunity to inspect the real estate and that in acquiring the
real estate City shall be relying totally on its own investigations and inspections. City will, at its
own expense, and based on its own investigation satisfy itself as to any environmental questions.
Developers make no representations of any type relative to the environmental condition of the land.
3.3 Continuation of Abstract. Developers shall furnish and deliver to the City of
Dubuque an abstract of title continued through the date of this Agreement showing merchantable
title to Parcel A in Developers. City agrees to pay the cost of abstract continuation. Developers
agree to obtain court approval of this contract, if requested by City, if title to the real estate
becomes an asset of any estate, trust, conservatorship or guardianship.
3.4 Payment of Taxes and Assessments. Developers agree to pay all liens and
assessments against the real estate, including all taxes and special assessments payable until
surrender of possession as required by Section 427.2 of the Code of Iowa.
3.5 Form of Deed. Developers shall deliver to City Developers' duly recordable Warranty
Deed to Parcel A in a form satisfactory to City.
3.6 Payment of Survey and Platting Expanses. All expenses in connection with the
surveying, platting, recording of Parcel A shall be paid by City.
Section 4. CONVEYANCE TO DEVELOPERS
4.1 Delivery of Deed. On the Closing Date, City shall convey title to Parcel B to
Developers subject only to all easements, restrictions, conditions and covenants of record.
I
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4.2 Subiect to City's acquisition of all reouired parcels. It is hereby acknowledged by
the parties that a portion of the property included in Parcel B is not owned by City at the time of
this Agreement. City shall use its best efforts, including the exercise of eminent domain powers, if
necessary, to acquire that portion for the purpose of conveying the same to Developers. This
Agreement shall be subject to the City's acquisition of all property included in Parcel B.
4.3 "As is" Condition. City is transferring Parcel B to Developers, in its "AS IS" and
"WITH ALL FAULTS" condition and City has not made and will not make any warranties or
representations with respect to the physical condition of Parcel B. Developers agree that they have
been given full and ample opportunity to inspect Parcel B and that in acquiring Parcel B Developers
shall be relying totally on their own investigations and inspections. Except a provided in Section 2
Developers will, at their own expense, and based on its own investigation satisfy itself as to any
environmental questions. City makes no representations of any type relative to the environmental
condition of the land.
4.4 Continuation of Ab tract. City shall furnish and deliver to Developers an abstract of
title continued through the date of this Agreement showing merchantable title to Parcel B in City,
City shall pay the cost of abstract continuation.
4.5 Payment of Taxes and Assessments. City agrees to pay all liens and assessments
against the real estate, including all taxes and special assessments payable until surrender of
possession as required by Section 427.2 of the Code of Iowa.
4.6 Form of Deed. City shall deliver to Developers City's duly recordable Warranty Deed
to Parcel B in a form satisfactory to Developers. The deed to Developers shall be an undivided
3/5ths to John P. Mihalakis and an undivided 2/5ths to Richard L. Billmeyer, as tenants in common.
4
4.7 Payment of Survey and Platting Expenses. All expenses in connection with the
surveying, platting, recording of Parcel B shall be paid by City.
Section 5. TAX-FREE EXCHANGE
5.1 City and Developers agree that the respective values of the lands to be exchanged
under this contract are equal. .
5.2 City and Developers agree that both are entering into the Agreement on an arms-
length basis and are not otherwise compelled to enter into the same.
5.3 This Agreement is intended to qualify as a tax free exchange of lands to Developers
and any provision of this contract that is inconsistent with that intention shall be of no force or
effect.
Section 6. CITY IMPROVEMENTS
6.1 Excavation and Filing of-Parcel-B. As soon as weather and soil conditions permit,
City agrees at its expense to excavate and fill in accordance with generally accepted engineering
practices, a portion of Parcel B. As part of the excavation, City shall remove the silt and muck so
as to prepare the real estate for filling and building construction. The portion of Parcel B to be
excavated and filled with sand shall be 200 feet in depth and not less than 612 feet in length,
i
parallel and adjacent to the full length of the new public street to be constructed as shown by
Exhibit "B". Upon completion of excavation as aforesaid, City shall fill the excavated area with sand
to the depth and of the same quality as the filling performed by City on the land to be conveyed to
Eagle Window & Door Company. The length of the 200 foot wide strip to be excavated and filled
5
by City shall be not less than 612 feet in length and may be more depending upon exact
measurement after construction of the City street. All of the excavation and filling work and street
construction work described in this agreement shall be at the expense of City and at no cost to
Developers. The excavation and filling by City shall be in accordance with Kerper Blvd. Industrial
Park Site Grading and Storm Sewer Plan prepared by IIW Engineers and Surveyors dated July 11,
1997. Developers agree that City will be unable to do the excavating and filling work until weather
and ground conditions permit and that there could be a delay of 1 to 2 years in completing the
work. However, City agrees to do this work as soon as the conditions permit. City agrees to, at its
expense, cover the area of Parcel B north or the approximate top of slope but not included in the
portion to be excavated and filled as previously described in this paragraph with 2 feet of sand.
This provision relates to the muck and mud which is not going to be removed by City. This work
will be completed by City as soon as ground and weather conditions permit.
6.2 Construction of Street. City shall construct a public street adjoining the north
boundary of Parcel B as per preliminary plans by IIW Engineers on or before December 15, 1999.
6.3 Construction of Sewer and Water Stub Lines City further agrees to stub one water
and one sewer line into Parcel B from the water and sewer lines to be constructed by City under the
new City street, so that Developers need not cut into or dig up the new City street when
Developers wish to begin construction on Parcel B.
6.4 Fengler Street Overoasc Construction ction and Relaters Actions. As further consideration
for this tax-free exchange of lands, City agrees as follows:
6.5 Extension of Kerner Boulevard Storm Sewer Trunk Line. City will pay to
Developers the sum of $20,000.00 to assist Developers in extending the Kerper Boulevard storm
6
sewer trunk line adjacent to Kerper Boulevard. Developers will be responsible for the construction
of the storm sewer trunk line. The $20,000.00 City payment will be made to Developers upon
completion of the work by Developers' contractor.
6.6 Fengler Street Ovemass. City has advised Developers that the Fengler Street
overpass bridge will be reconstructed by City. City has further advised Developers that at such time
as the Fengler Street bridge is reconstructed City will close the existing curb cut from Kerper
Boulevard entering Developers' building location at the foot of Fengler Street.
City agrees, however, at the time of rebuilding of the Fengler Street bridge, to open the
Kerper Boulevard median to two lanes of traffic directly opposite Developers' existing southerly
most curb cut entering Developers' parking lot at its current building location so that at no time will
Developers be without access to Kerper Boulevard.
Upon completion of the Fengler Street bridge, City will grant to Developers a right-of-way
easement approximately 24 feet in width (this is an estimate only; City agrees to give Developers
the maximum easement width available after completion of the Fengler Street overpass) measured
from the Northerly side of Developers' building and extending from the intersection of Kerper
Boulevard and Fengler Street along the Northerly side of Developers' building, running the full depth
of Developers' real estate with City retaining the right to come upon the right-of-way for
maintenance work on the Fengler Street bridge and fill. Developers shall also be entitled to use this
right-of-way for parking purposes for Developers and their customers and tenants.
Section 7. USE OF PROPERTY BY DEVELOPERS. Developers agree that the following
conditions shall apply to the development and use of Parcel B:
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7.1 Use of Groundwater Prohibited, The use of groundwater from the property is
prohibited as per the Risk-Based Evaluation for Planning and Development prepared by Terracon and
dated March 16,1998.
7.2 Construction Procedures.. All construction activities shall require the implementation
of dust control procedures, address issues of soils removed from excavations for off-property
disposal and include these findings in contractor health and safety plans.
7.3 Qoerations Within Enclosed Buildings. All operations and activities (other than
construction) shall be conducted or maintained within completely enclosed buildings, except for off-
street parking and loading facilities.
7.4 Exterior Storage:
No exterior storage shall be permitted on the property other than exterior trash
collection areas as described in Section 7.5.
7.5 Exterior Trash Colle .tion Arm:
(1) The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses of the lot.
(2) The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening and this area shall be a considered a building-related feature
for purposes of calculating total land area coverage.
(3) Exterior trash collection areas shall be located in rear or side yards only.
(4) All exterior trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level outside the line of the screen,
Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed
8
materials used to construct the opaque screen shall be similar in appearance to materials used for
exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate
or door of similar design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection area from view from
points inside or outside of the property, evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and designed so that they will screen the
area from all off-site visibility within five (5) years.
Section 8. MISCELLANEOUS
8.1 Binding on Successors. This Agreement shall apply to and bind the legal successors
in interest of the Developers
8.2 Final Aooroval of City Council. This Agreement shall be subject to the final
approval by the City Council of the City of Dubuque, Iowa.
8.3 Agreement with Eagle Window and Door. This Agreement shall be subject to
execution of a development agreement between the City and Eagle Window and Door Company
(Eagle Agreement) for the purchase and development of an adjacent parcel in the Kerper Boulevard
Industrial Park Economic Development District. Developers and City acknowledge that the land sale
contemplated by the Eagle Agreement may not close until June 30, 1999 and that Eagle Window or
its Developer may desire access to the parcels shown on Exhibit "A" prior to such closing.
Developers therefore agree that the City shall have the right to negotiate an agreement with Eagle
Window permitting Eagle Window or its Developer access to the parcels shown on Exhibit "A" prior
to the closing of the Eagle Agreement for site preparation, provided that such agreement shall
9
require Eagle Window or its Developer, in the event that the land sale contemplated by the Eagle
Agreement does not close by June 30, 1999, to restore the parcels, by August 1, 1999, to their
condition prior to such site preparation.
8.4 Urban Renewal Reouirements. This Agreement and the disposition of City's real
estate shall be subject to the requirements of Iowa Code Chapter 403.
8.5 Entire Aareement. This Agreement constitutes the entire agreement between City
and Developers and there is no agreement to do or not to do any act or deed except as specifically
provided for herein. Each page and each attachment is by this reference made part hereof and the
entire agreement consists of eleven (11) pages.
8.6 Rescission of Prior Agreement. Upon execution by the parties and approval of this
Agreement by the City Council of the City of Dubuque, Iowa, the previous agreement between the
parties for the exchange of lands dated September 30, 1997, is automatically rescinded. However,
if the agreement between Eagle Manufacturing and its developer and the City of Dubuque does not
close according to the terms of that agreement, the previous agreement referred to in this paragraph
will be reinstated.
8.7 Declaration of Value Exemption. Parcel A is being acquired for public purpose and
the transfer to City from Developers is exempt from the requirements for the filing of a Declaration
of Value by Section 428A.1 of the Code of Iowa.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name
10
and behalf by its Mayor and attested by its City Clerk, and Developers have caused this Agreement
to be executed in person on or as of the date first above written.
DEVELOPERS CITY OF DUBUQUE, IOWA
hnP Mihalakis 484- 4-8446
Letha A. Mihalakis Terrance M, uggan ayor
By
4Ricrd L. Billmeyer 478-50-0 9 Mary A('/Davis, City Clerk
7
yL�ihia A. Billmeyer`-
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PER INSTRUMENT NUMBER 17437-98,
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I OUBUODE CO.,IOVIA FEES
FINAL PLAT
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I ` LOTS 1 THRU 5 AND LOTS A AND B OF
i KERPER INDUSTRIAL PARK
IN THE CITY OF DUBUQUE, IOWA
i RECORD DESCRIPTION:
HEARTLAND PLACE, LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 1 OF
KERPER INDUSTRIAL SUBDIVISION NUMBER ONE, LOTS 1 THRU 3 AND PART
OF LOT 4 OF FDL FIRST ADDITION, LOT 1 OF BLOCK 8 OF DUBUQUE
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PACKING COMPANY ADDITION,
SUBDIVISION NO. 4, AALAL
INTHEC TY OF DUBUQUOT I OF 2 OF E FRONTN
IOWA
RECORD PLATS:
HEARTLAND PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA,
7
INSTRUMENT NUMBER 17437-98
LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 1 OF KERPER INDUSTRIAL
SUBDIVISION NUMBER ONE IN THE CITY OF DUBUQUE, IOWA, INSTRUMENT
NUMBER 7634-87
LOTS 1 THRU 3, AND LOT 4 (EXCEPT I.D.O.T. RIGHT—OF—WAY) OF FDL
FIRST ADDITION TO THE CITY OF DUBUQUE, IOWA,
INSTRUMENT NUMBER 5341-84
1 LOT 1 OF BLOCK 8 OF DUBUQUE PACKING COMPANY ADDITION AND LOT 1
OF 2 OF RIVER FRONT SUBDIVISION NO. 4 IN THE CITY OF DUBUQUE,
AFFDAVITNCORRECTING HEARSTRUMENT TLANDNUMBE3-72 PLACE,
IOWA, I\ i i•.� INSTRUMENT NUMBER 3415-99
\ 7
v NOTE: BEARINGS ARE EASED ON THE WESTERLY RIGHT—OF—WAY LINE 0-- KERPER
BOULEVARD, WHICH BEARS SOUTH 14 DEGREES 46 MINUTES 14 SECONDS EAST.
\ i
/ PROPRIETORS: CITY OF DUBUQUE
�\ JOHN P. MIHALAKIS
RICHARD L. BILLMEYER
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D v LICENSE NO,12611 MY LICENSE RENEWAL GATE 15 12/31/2000 1 ) RECORD O'.MENSION PROD.- —
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PREPARED BY: IIW_NGIV_ERS h SURVEYORS P.G. 4155 uENNSYLVANJA AVE, DUBUQUE, OWA, 319.556.2464
JAEGER'S
SUBDIVISION LOT 3 LOT 1-2
ILOT LOi \ RIVER FRONT RIVER FRONT
I-Z-ZO 2-2-20 \ SUBDIVISION NO. 4 N 50.10'07" E SUBDIVISION NO 4
S 9.43'p4" EI 74.10' RC1
159.39 S 55.04'31\ `
° - 14 S 59'47'52" E 336.88'
cA= — 9.00' 5.32'—� '1�
40.26' N 07 58'30" W LOT 1,BLOCK 8 \ 'QA
(148.6$')
a0 (40'28 14,45' ('4,40') \ PACKING
COMPANY
iJ. 3'� LOT Z-i \ LOT 4 COMPANY ADDITION
240.44' (240.38') 1.067 ACRES\ .y0 �O$ 0/_
$ f? ��t
i 016 265.39' KO , O V7yJ
z4.ss I
� \IS \ rS 57.2839" E 7g8 ' T 1
26' 5136
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4" E
LOT 3 \\ F
KERP£R
I INDUSTRIAL \ / �S•
SUBDIVISION
NUMBER ONE \ \
LOT 2
1 LOT 4
\ FDL FIRST ADDITION
LOT 3 \
F \ 27.081 ACRES
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\ SUBDIVISION NUMBER ONE
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® IIW ENGINEERS Sc
SURVEYORS,INC.
FINAL PLAT 1 1„;,°°.,I°
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f \ 26.64' �J 9
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FOL FIRST ADDITION
N 75.09'24" E /
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/ �� TO 4 DUBUQUE PACKING
COMPANY ADDITION
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9
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• DATE I APR 99 SHEET 3 of-p
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LOT 3
\ 27.081 ACRES /
Mls, LOT 1-1 /
N 9 Q8 KERPER INDUSTRIAL /
N 8� A p.. SU9DINSION NUMDER ONE
N /
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EASEMENT
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N 24'24'21 W
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/ ry0
/ PART OF LOT 1.BLOCK 5
OUBUGUE PACKING COMPANY ADOIP.CN
/ SCJ
S 23'58'36" E
S 23'58'36" E1 31.54'
66 / 81.93' i
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® ITW ENGINEERS&
SURVEYORS,INC.
FINAL PLAT4155 P415 'I ennsylvci,
a Ave.IA
'n
KERPER INDUSTRIAL PARK ��—� 10a zOo '" DaO3119.556.2464002
SCALE: 1"=100' G..uenOerg,"lA • Hazel Gree.wl
IN THE CITY OF DUBUQUE, IOWA DRAWN SLH PLAT NO. 21-IA-99
CHECKED .MT PRCJ N0.97070-OB
4 DATE 1 APR 99 1 SI E
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ao�o LOT A
ry"
3.870 ACRES
TOTO (KERPER COURT)
� L1
O LOT 2 CF VACATED E.I9Tn ST.
Do BETWEEN E.LINE OF MIN.LOT 106&
IY1 !J W.LINE CRIONAL SYCANORE ST,EXTENDED
Lo
LJ
L3 CURVE TABLE
M t� r CURVE LENGTH RADIUS DELTA TANGENT DIRECTION CHORD
�P�.I- i Cl 79.10 1031.59 04'23'36" 39.57 S 12'34'28" E 79.C8
�" K L4
O C2 60.54 462.50 0730'00" 30.31 N 62'45'28" E 60.50
I"t C3 226.62 542.50 23'56'03" 114.99 S 6.3-11-22- W 224.98
Z FOUND SPME C4 491.88 604,00 46'39'36" 260.50 S 1'35'39" E 478.40
'L5 C5 158.35 604.00 1S'Ot'17' 79.63 S 17'24'49" E 157.90
r C6 333.53 604.00 31.38'19" 171.13 4'59" W 329.31
r C7 307.21 877.30 20'03'50" 155.20 S 20'28'37" W 305.65
L6 LOT 2-3.BLOCK 2 CS 446.29 907.30 28'1059" 227,76
I RAILROAD ADDITION S 09'39'07" E 10. 1
e0' N C9 70.36 537.50 07 30'00" 35.23 N 62-45-28- E 70.31
F' Lwd LOT 1-1-4•BLOCK 2 C10 1 130.36 462.50 16'08'58"1 65.61 1 S 67'04'57" W 129.93
' U L7 RAILROAD ADDIRON
i 1 Q I LOT 2-5.BLOCK 2
RAILROAD ADDI17ON
/ O 1L PART OF LOT 1,BLOCK 3
1 DUBUQUE PACKING COMPANY ADDITION
LOT A OF
MIN.LOT 106
L LINE TABLE
O ;I LINE LENGTH BEARING
I J L10 L1 67.02 S 58'29'11" W
LOT 2-f-JO4 L2 50.00 S 54'46'08" W
C7 Imo/ EAST DUBUQUE No 2 L3 50.00 5 50'0 '0 "w
I LOT T-2-30s
LOT 2-t OF VAC.MAPLE 6T. L4 50.00 S 41*215>'08" W
Ll l EAST QUBUQI:E NO. 2 L5 49.96 S 38'48'08'W
1 L6 50.00 S 3454'38"W
1
VOR-.H OF 181h ST L7 50.00 S 32'21'13" W
Lit S 14'00'46" W. 5.57' La 150.00 S 29'53'47' W
` L9 50.00 S 28'48'33" W
J Lor 1-8-1-3os LID 50.00
S 28'i '42' W
L13` L01 300���A LOT 300C L11 50.00 S 27'04'17' W
AST DUBUQUE NO.2 L12 50.00 S 21'55'04" W
i L13 45.59 S f •5 '00'W
O 1-1
L14 LOT S 10'30'11' W
� Lon 300&301 L15 50.00 S 10-30-44- W
N 25'1242" E I L16 50.00 S 07'06'55" W
98.17' \ 1 L15 L17 49.98 S 03'23.22" W
` \ L18 20.00 S 6"54'02* W
1 L16
\ X17
L18 /
EAST DUBUQUE NO.2
ft MAIN TRACK I k M RAIL LINK \
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® UW ENGINEERS&
SURVEYORS,INC.
FINAL PLAT 1°.°, 1 °°ie Wisce
4'55 P-SyN-i°Ave$'"
0 10.0 200
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Dubucue, IA 52002
KERPER INDUSTRIAL PARK _ _-_... _ ___ 319.556.2464
SCALE: 1"=!00' c.,lle.,o°.g.IA n .1 Gree".VA
IN THE CITY OF DUBUQUE, IOWA DRAWN S.B. ;PL9T VO. I-IA-99
CHECK_EO JMTPROJ 40.97070-08
• DATE 1 APR 99 SHEET 5°f
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Sheet 6 of
SURVEYOR'S CERTIFICATE
I,John M.Trimmer,hereby certify that 1 am a Licensed Land Surveyor in the State of Iowa,and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision,To
Wit:
Heartland Place,Lots I and 2 of the Subdivision of Lot I of Kerper Industrial Subdivision Number One,
Lots 1 thru 3 and Part of Lot 4 of FDL First Addition,Lot 1 of Block 8 of Dubuque Packing Company
Addition,and Lot i of 2 of River Front Subdivision No.4,all in the City of Dubuque,Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lots I thru 5 and Lots A and B of Kerper Industrial Park in the City of Dubuque, Iowa,
containing 51.487 acres,more or less,and subject to easements,reservations,restrictions,and rights-of-
way of record and not of record,the plat of which is attached hereto and made a part of this certificate.
All monuments were placed or shall be placed within one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the
related survey work was performed by me or under my direct personal
supervision and that I am a duly licensed Land Surveyor under the laws of the
,* *; State of Iowa.
JOAN Y.
_ TRANMER - '..
�s +7a3� 5 p= FOR TlW ENGINEERS AND SURVEYORS,P.C.
- - ;oe
99
c...o Joh M.Tranmer Date
License Number 12631
SEAL My license renewal date is December 31,2000
Pages or sheets covered by this seat: Surveyor's Certificate Only
OWNER'S CONSENT
Dubuque Iowa April 19 __ 19�Q
The foregoing plat of Lots I thru 5 and Lots A and B of Kerper Industrial Park 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 A for roadway and utility purposes to the public.
FOR THE C Y OF DUB UE,IOWA
BY — —
G._ Te Duggan ayor /
l
By ---—
�';' Mary Dau'g,City Clerk-
State
lerkState of Iowa )
)ss:
County of Dubuque)
i
On this 19 day of April 1999 before me,a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Terrance M. Duggan and Mary A. Davis, to me
personally known who,being duly sworn did say that the said Terrance M.Duggan is Mayor and the said
Mary A. Davis is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above
instrument is the corporate seal of the City of Dubuque, Iowa,and that said instrument was signed and
sealed on behalf of the said City of Dubuque,Iowa,by authority of the City Council.of said city,and the
said Terrance M.Duggan and Mary A. Davis acknowledged the execution of said instrument to be the
voluntary act and deed of said City of Dubuque,Iowa it voluntarily executed.
Witness my hand and notarial seal on the date 1 .> ve
otary Pici ,VChe SN-4-county
My Commisrj6�PrpirZ —
Sheet 7 of4
OWNER'S CONSENT aQ
Iowa , 19/`�
The foregoing plat of Lots 1 thru Sand Lots A and B of Kerper Industrial Park 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 A for roadway and utility purposes to he public.
#ohn
E� / i By/
if-itil.ki. Richard L.Billmeyer
State of Iowa )
)ss:
County of )
On this day of A.D. 199, bef re j�n�, a Notary Public in and for said
state, personally appearedIr leo
to me known to be the person lamed in and who execut the foregoing instrume c- ow-ledgei
that they executed the same as their voluntary act afd .blic in the Stateof owa ?ission Expires —JZ�i.-
COUNTY TREASURER
Dubuque,Iowa j ,e"Z-r•(.
I,the undersigned,Eric Sherman,Treasurer of Dubuque County, Iowa,do hery,ceiti that, .
all tames
kms '
levied against Heartland Place,Lots I and 2 of the Subdivision of Lot I of K�:`tf f_rtdti, • I Subdjvisfpn
Number One, Lots I thru 3 and Part of Lot 4 of FDL First Addition, E,o:..of > of.Dubugue
-
Packing Company Addition,and Lot 1 of 2 of River Front Subdivision 0.1 all in th �Qf Dubacyl
Iowa.have been paid and said real estate is free and clear of all taxes as o" t iiale.
Treasurer of Dubuque County,Iowa
RECORDER'S CERTIFICATE
Dubuque,Iowa MAy 2 4 1994 19
The foregoing plat of Lots 1 thru 5 and Lots A and B of Kerper Industrial Park in the City of Dubuque,
o-wa has beeft eview-ed by the Dubuque County Recorder.
KA YNN IENRLOW,11U F1ECbI1DER
-- ,�`�• • Recorder ofuque County,Iowa -{.J
ATTORNEY'S OPINION f
Dubuque, Iowa May 7, 1999
TO WHOM IT MAY CONCERN
This will certify that I have examined the abstract of title
covering Heartland Place, Lot 1 of the Subdivision of Lot 1 of
Kerper Industrial Subdivision Number One, Lot 3 and Part of Lot 4
of FDL First Addition, all in the City of Dubuque, Iowa, according
to the plats thereof covering the period from government entry to
March 8, 1999, certified on that date by Abeln Abstract & Title
Company, and find that said abstract shows good and merchantable
title to said real estate in the City of Dubuque, Iowa, free and
clear of all liens and encumbrances and show xes paid, including
taxes for the year 1997-98.
Attorney at Law
,a
Sheet 8 of'8
CITY ZONING COMMISSION pq
Dubuque,Iowa M _, 19//
The foregoing plat in the City of Dubuque,Iowa,as appears on Sheet I of_hereof,is hereby approved
by the City of Dubuque Zoning Commission and approval of said a by the City Council of the City of
Dubuque,Iowa,is hereby recommended.
Chairman,Dubuque Zoning Commission
CITY COUNCIL
Dubuque,Iowa April 19 19 99
The undersigned,Mayor and Clerk of the City of Dubuque,Iowa,do hereby certify that the foregoing plat
in the City of Dubuque,Iowa,as appears on Sheet 1 of 8 hereof has been filed in the office of the Clerk
of the City of Dubuque,and that by Resolution No. 165— 9 the Dubuque City Council approved
said plat.
Terfince M.Duggan
r Mayor of the City of Dubuque /
Mary A. is
Clerk of the City of Dubuque
COUNTY AUDITOR `f
Dubuque,Iowa, 24. 195
The foregoing plat was entered of record in the office of the Dubuque County Auditor this Z q t
day of &Lia 199.-7
. I. e
,J apt-•_..:�..k, t �, :. ---
=;i� • 0 11, Cofinfy Auditor of Dubuque Cciunty,Iowa
CITY ASSESSOR
Dubitgue,
The foregoing plat was entered of record in the office of the Dubuque City Assessor this_ZSR _
day of AZ24& 14-21
City Assessor of Dubuque,Iowa
OWNERS CONSENT
Dubuque, Iowa May 11, 1999
The foregoing plat of Lots 1 thru 5 and Lots A and B of Kerper Industrial Park 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 A for roadway
and utility purposes to the public.
B I JABy:
r ill
Letha A. Mihalakis, Wife of Cy thia A. Billmeyer, Wife of
John P. Mihalakis Richard L. Billmeyer
STATE OF IOWA )
ss:
COUNTY OF DUBUQUE )
On this /,2 t4 day of May, 1999, before me, a Notary Public in and for said state,
personally appeared Letha A. Mihalakis, Wife of John P. Mihalakis, and Cynthia A. Billmeyer,
Wife of Richard L. Billmeyer, to me known to be the persons named in and who executed the
foregoing instrument, and acknowledged that they executed the same as their voluntary act and
deed.
Ll
otary Publi thogtate of Iowa
My Commission Expires: -/S- 9 9
ATTORNEY'S OPINION
Dubuque, Iowa May 11, 1999
TO WHOM IT MAY CONCERN
This will certify that I have examined the abstract of title covering Lot 2 of Lot 1 of
KERPER INDUSTRIAL SUBDIVISION NUMBER ONE, Lot 1 of Lot 2 of RIVERFRONT
SUBDIVISION NUMBER 4; Lot 1 of Block 8 of DUBUQUE PACKING COMPANY
ADDITION;Lot 1 of FDL FIRST ADDITION; Lot 2 of FDL FIRST ADDITION, all in the City
of Dubuque, Iowa, according to the respective recorded Plats thereof, from government entry to
KA�G
1620-00
2000 FEB 15 PM 1: 09
7 i;itl +ti'� 1f1'v'f Uil
�OUHTY RECOROER �)
DUBUQUE CO., IOWA PEES
Prepared by: JAMES D. BURKE 50 W. 13th Street Dubuque,Iowa 52001 (319)589-4393
MEMORANDUM OF AGREEMENT
An Agreement for the Exchange of Land between the City of Dubuque, Iowa, an Iowa
Municipal Corporation, of 50 W. 13th Street, Dubuque, Iowa; and John P. Mihalakis and Richard
L. Billmeyer, of 2095 Kerper Boulevard, Dubuque, Iowa, was made regarding the following
described premises:
Lot 5 of Kerper Industrial Park in the City of Dubuque, according to the recorded plat
thereof containing 1.977 acres; Lot 2 of FDL Second Addition to the City of Dubuque,
Iowa according to the recorded plat thereof consisting of 4.050 acres; and Lot 4 of Kerper
Industrial Park in the City of Dubuque,Iowa according to the recorded plat thereof, in
Dubuque County, Iowa..
The Agreement for Exchange of Land was signed on the 15th day of February, 1999 and
contained covenants, conditions and restrictions concerning the sale and use of said premises.
This Memorandum of Agreement is recorded for the purpose of constructive notice. In
the event of any conflict between the provisions of this Memorandum and the Agreement for
Land Exchange itself, executed by the parties,the terms and provisions of the Agreement for
Land Exchange shall prevail. A complete counterpart of the Agreement for Land Exchange,
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 1,5 day of ', (' 12000.
DEVELOPERS CITY OF DUBUQUE,IOWA
Bye �;��1%: � _G?; v�C�� By:
j John P. Mihalakis errance M. Dug ayor
✓By. _.� ElflQ , y'�� ��� �C ,, By:_
LethaA. Mihalakis / / Jeanne. F, Schneider, City Clerk
Richard L. Billmeyer
C nthia A. Billmeyer )`
X
STATE OF IOWA
ss:
DUBUQUE COUNTY
x
On this I day of 'Jtiu-0 , 2000,before me, a Notary Public in and for
the State of Iowa, in and for said county, peilonally appeared Terrance M. Duggan and J eanne F.
S c h n e i d e r,to me personally known, who being by me duly sworn did say that they are the Mayor and
.-City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing
under the laws of the State of Iowa,and that the seal affixed to said instrument is the seal of said
.:Municipal Corporation and that said instrument was signed and sealed on behalf of said Municipal
, orporation 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. ���-
Not Public, State of Iowa
X
STATE OF IOWA
ss:
DUBUQUE,COUNTY
X
On this_,day of , 2000,before me, a Notary Public in and
for the State of Iowa, in and f aid county, rsonally appeared John P. Mihalakis, Letha A.
Mihalakis, Richard L. Billmeyt and Cynthia . Billmeyer,to me personally known, who being by
me duly sworn did say that sai'�instrument was signed by them and that they acknowledged the
execution of said instrument to be their voluntary act and deed.
LS Q.. PE t \�
;-;,1 0 14T� Notary Public, State owa
r
F:\USERSVBURKEIBURKE\DOCSIECDEV,Eaglewi.\MBNtFNIAGR WPD
January 12,2000(2:27pm)